LEGISLATIVE SUBCOMMITTEE
Staff Report
Meeting Date: Nov. 14, 2023
To: Legislative Subcommittee
From: Jason Haber, Intergovernme ntal Affairs Director
Staff Contact: Jason Haber, Intergovernme ntal Affairs Director [email protected], 442-339-2958
Subject: Legislative and Advocacy Update
District: All
Recommended Action
Receive updates on federal and state legislative and budget activity and recent and ongoing advocacy efforts; discuss and provide feedback to staff, including identifying high-priority bills, advocacy positions, funding opportunities, and items for future City Council consideration .
Discussion
Staff and the city's contract lobbyists - Federal: Carpi & Clay/ State: Renne Public Policy Group - will present update s and overviews of federal and state legislative activity (Exhibits 1 and 2) and the priority legislation and intergovernmental matters being tracked on behalf of the city (Exhibit 3).
The Subcommittee is requested to provide feedback to help city staff and the city's lobbying consultants focus the city's advocacy efforts on high-priority bills and to identify bills for future City Council consideration.
Next Steps
Staff and the city's contract lobbyists will monitor, evaluate, and engage the Legislative Subcommittee in a discussion of legislative activity and proposed measures that may impact city operations and policy priorities throughout the 2023/2024 Legislative Session.
Exhibits
1. Carpi & Clay - Federal Update
2. Renne Public Policy Group - State Update
3. Carlsbad Priority Bill List - Nov. 7, 2023
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City of Carlsbad
Federal Update
McCarthy Removed as Speaker of the House
October 31 , 2023
On October 3rd , for the first time in 113 years, the House voted on a motion to vacate the Speaker of the House. The motion passed by a vote of 216-210, with 8 Republicans joining all Democrats, resulting in Kevin McCarthy (R-CA) being removed as Speaker.
Under the rules, the House cannot conduct any activity on the floor until a Speaker is elected. Rep. Patrick McHenry (R-NC) was appointed as Speaker Pro Tempore until a Speaker is elected. McHenry's role is limited and can only bring the House in and out of session to vote on a Speaker. Since October 3rd, the House Republican caucus put forth four candidates for Speaker: House Majority Leader Steve Scalise (R-LA), House Judiciary Committee Chair Jim Jordan (R-OH), House Majority Whip Tom Emmer (R-MN) and Vice Chair of the House Republican Caucus Mike Johnson (R-LA). Neither Scalise, Jordan, or Emmer were able to secure the 218 votes needed to become Speaker. On October 251h, Rep. Mike Johnson was elected Speaker by a vote of 220-209. All Republican Members present voted for Johnson. Speaker Johnson became the first Speaker of the House to come from the state of Louisiana.
FY24 Appropriations Update
Both the House and the Senate are continuing to move their respective Fiscal Year 2024 (FY24) appropriations bills. Last week the House passed the Energy and Water Appropriations bill (H.R. 4394) by a vote of210-199 . The House plans to continue to work on passing the remaining FY24 appropriations bills in November. The Senate is considering its first minibus package that includes the Military Construction-Veterans Affairs , Agriculture, and the Transportation-Housing and Urban Development appropriations bills. There have been several votes on amendments, most notably the rejection of an amendment by Senator Mike Braun (R-1D) that would have prohibited \ community project funding. The federal government is currently being funded through a Continuing Resolution (CR) which is set to expire on November 17th.
White House Sends $106 Billion International Supplemental Request to Congress
The White House submitted a $106 billion supplemental funding request to Congress which included the following:
• $61.4 billion for Ukraine
■ $14.3 billion for Israel
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• $13.6 billion for border security
• $9.2 billion in humanitarian aid for Ukraine, Israel, and Gaza • $7.4 billion for the Inda-Pacific region
Both the House and the Senate will begin consideration of the President's supplemental request this week.
White House Sends $55.9 Billion Domestic Supplemental Request to Congress
The White House submitted an additional $55.9 billion supplemental funding request to Congress that includes the following :
• $23.5 billion for disaster response and recovery
• $16 billion for childcare programs
• $6 billion for the Affordable Connectivity Program
• $6 billion for energy and security programs
• $1 .6 billion for the Low-Income Home Energy Assistance Program (LIHEAP) • $1 .55 billion for State Opioid Response grants
• $1.05 billion for international food assistance programs • $220 million for federal wildland firefighter salaries Senator Butler Will Not Seek Full Term
Senator Laphonza Butler (D-CA) announced that she will not be seeking a full six-year term in the Senate in 2024. She will remain in office for the duration of Senator Dianne Feinstein's term, which ends at the end of 2024.
California Senators Receive New Committee Assignments
Senate Majority Leader Chuck Schumer (D-NY) announced new committee assignments for several Democratic Members, including California Senators Butler and Alex Padilla.
Senator Butler will serve on the following committees :
• Judiciary
• Banking , Housing, and Urban Affairs
• Homeland Security and Governmental Affairs
• Rules and Administration
Additionall y, Senator Padilla will move from the Homeland Security and Governmental Affairs Committee to the Energy and Natural Resources Committee.
Reclamation Releases Colorado River Scoping Report
The Bureau of Reclamation (Reclamation) released a Scoping Report for Post-2026 Colorado River Reservoir Operations. The report provides a summary of comments received during the public scoping process. Addit ionally, the report provides information on Reclamation 's preliminary assessment of the proposed federal action regarding post- www.carpiclay .com
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2026 Colorado River operations, purpose and need, and the scope of environmental analysis to be included in the draft environmental assessment statement.
DOI Releases SEIS for Near-Term Operations of the Colorado River The Department of the Interior (DOI) and Reclamation released the draft Supplemental Environmental Impact Statement (SEIS) for near-term operations of the Colorado River. The initial draft that was released in April indicated that severe options may need to be pursued due to drought conditions and forecasts, but this revised draft indicates that sticking with the current management plan is now an option. This change is due to the level of winter snowpack and spring runoff that have resulted in raised levels in both Lake Mead and Lake Powell, stating in the report that "Hydrology in the Colorado River Basin has improved compared with the hydrology at the time the SEIS analysis began." Comments on the draft SEIS are due December 12th.
House Democrats Introduce Bill to Clarify Scope of Clean Water Act A group of over 100 Democratic House Members, led by House Transportation and Infrastructure Committee Ranking Member Rick Larsen (D-WA), introduced the Clean Water Act of 2023 (H.R. 5983). The bill would clarify the scope of protected water resources under the Clean Water Act (CWA) and codify permitting exemptions for agricultural, mining and construction, and waste treatment activities along with artificial features. The legislation would provide the Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (USACE) with the authority to periodically review CWA exemptions and make necessary changes. The introduction of this legislation follows the Supreme Court decision in Sackett v. EPA that resulted in a revision of the Waters of the United States rule.
House Members Introduce Low-Income Household Water Assistance Program Funding Bill
Representatives Debbie Dingell (D-MI), Rashida Tlaib (D-MI), and Lisa Blunt-Rochester (D-DE) introduced legislation that would provide additional funding for the Low-Income Household Water Assistance Program (LIHWAP). The bill, entitled the Water Access Act (H.R. 5793), would provide $500 million in appropriations for the program for Fiscal Year 2024. The LIHWAP program was created by the American Rescue Plan Act in 2021 to assist households with low incomes in paying arrearages and rates charged to the household for drinking water and/or wastewater services.
Congressional Letters
Bipartisan Letter Requests Update on Monthly Payment Option for National Flood Insurance Program. Representatives Vincente Gonzelez (D-TX) and Andrew Garbarino (R-NY) led a bipartisan letter to Federal Emergency Management Agency (FEMA) Administrator Deanne Criswell requesting an update on the agency's implementation of a monthly installment payment option for National Flood Insurance Program (NFIP) policyholders . Currently, NFIP policyholders can only make a single yearly premium payment. The lawmakers wrote that a monthly payment option will provide homeowners www .carpiclay .com
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that do not escrow their flood insurance premiums with their mortgage payment with more financial flexibility.
San Diego Delegation Requests HUD to Reevaluate Continuum of Care Formula Funding. San Diego Democratic Representatives Scott Peters, Mike Levin, Juan Vargas, and Sara Jacobs wrote a letter to Department of Housing and Urban Development (HUD) Secretary Marcia Fudge urging an update to the Continuum of Care (CoC) program funding formula. The letter states the formula was last updated in 1977 and does not reflect the current situation regarding homelessness that many cities like San Diego are facing.
Senator Padilla Leads Letter Urging Prioritization of Zero-Emission Medium- and Heavy-Duty Vehicle Infrastructure. Senator Padilla led a letter to the Secretaries of the Departments of Energy (DOE) and Transportation (DOT) urging the Joint Office of Energy and Transportation (JOET) to prioritize the deployment of zero-emission medium- and heavy-duty vehicle infrastructure. The letter requests JOET develop a national plan for zero-emission medium- and heavy-duty infrastructure deployment, coordinate funding opportunities and programs, develop best practices for states and utilities, and promote a national workforce training program.
Federal Funding Opportunities & Announcements
DOE Awards $3.46 Billion for Grid Resilience and Innovation Partnerships Program. DOE awarded $3.46 billion to 58 projects in 44 states through the Grid Resilience and Innovation Partnerships Program. This program funds projects that modernize the electric grid to mitigate impacts of natural disasters and extreme weather events, increase resiliency and reliability of the electric power grid as renewable energy resources are deployed, and deploy electricity transmission, storage, and distribution technologies. The list of funded projects can be found HERE.
DOE Awards $30 Million for EECBG Program. DOE awarded $30 million to 28 state, local, and tribal governments through the Energy Efficiency and Conservation Block Grant (EECBG) Program. The funding will support projects that improve energy efficiency and clean energy infrastructure in public and private spaces. The list of funded projects can be found HERE.
DOT Announces Additional $24 Million for Regional Infrastructure Accelerators Awards. DOT announced an expansion of the Regional Infrastructure Accelerators program to 24 accelerators receiving $24 million in funding through the Bipartisan Infrastructure Law (BIL). The program helps to inform future work by measuring how different regional models can expedite the development and delivery of transportation projects. The list of funded projects can be found HERE.
DOT Announces SCASD Grant Awards. DOT announced $14.8 million for 10 communities through the Small Community Air Service Development (SCASD) Program.
Projects will help small communities maintain and build air service options. The list of awardees can be found HERE.
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DOT Publishes Climate Transportation Research NOFO. DOT published a NOFO for the availability of $2.5 million for the first year to establish the Climate and Transportation Research Center that advances research to support Administration efforts to reduce greenhouse gas emissions in the transportation sector, incorporate evidence based climate resilience and adaptation measures and features, reduce the lifecycle greenhouse gas emissions from the project materials, avoid adverse environmental impacts to air or water quality, wetlands, and endangered species, and address the disproportionate negative environmental impacts of transportation on disadvantaged communities, consistent with Executive Order 14008, " Tackling the Climate Crisis at Home and Abroad" (86 FR 7619). Further, DOT seeks to fund a climate and transportation research center that will advance research to support Administration efforts to create proportional impacts to all populations in a project area, remove transportation related disparities to all populations in a project area, and increase equitable access to project benefits, consistent with Executive Order 13985, "Advancing Racial Equity and Support for Underserved Communities Through the Federal Government" (86 FR 7009).
Applications are due November 27th and more information can be found HERE.
DOT Announces SS4A Grant Awards. DOT announced $86 million for 235 projects through the Safe Streets and Roads for All (SS4A) discretionary grant program. The grant awards announced for Round 1 will help fund planning and demonstration projects to help the nation's cities, counties, metropolitan planning organizations, and tribal governments better understand the safety challenges in their communities, and then begin to identify solutions to make streets, roads, and highways safer for all road users. The list of awards can be found HERE .
EDA Announces 31 Tech Hubs and 29 Strategic Development Grants. The Economic Development Administration (EDA) announced the designation of 31 Tech Hubs as part of the first phase of the agency's Tech Hubs program. The Tech Hubs program is designed to build regional capacities to manufacture, commercialize, and deploy innovative technologies. EDA also announced 29 Strategic Development Grants (SDG) to promote regional collaboration. The list of Tech Hub designees and SDG recipients can be found HERE.
EPA Announces $128 Million in Environmental Justice Grants . EPA awarded $128 million for 186 projects through the Environmental Justice Government-to-Government (EJG2G) Program and the Environmental Justice Collaborative Problem Solving (EJCPS) Program. The agency selected 88 EJG2G recipients to receive $84. 7 million to support state, local, territorial, and tribal government partnerships with community-based organizations focused on environmental or public health impacts in environmental justice (EJ) communities. EPA selected 98 EJCPS recipients to receive $43.3 million to support projects that focus on EJ community resilience, revitalization, and emergency preparedness . The list of EJG2G recipients can be found HERE and the list of EJCPS recipients can be found HERE.
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FAA Announces Winter Weather AIG Awards. The Federal Aviation Administration (FAA) announced $57.6. million to 47 airports in Winter Weather Airport Infrastructure Grants (AIG). The grants will help airports purchase equipment to combat winter weather such as snowplows, de-icing equipment, and new or upgraded facilities to store this equipment. The list of awardees can be found HERE.
Federal Permitting Improvement Steering Council Announces $155 Million for Federal Agency Permitting Review Efficiency and Effectiveness. The Federal Permitting Improvement Steering Council announced $155 million in funding for federal agencies to improve the efficiency and effectiveness of infrastructure permitting review and authorizations. The funding will support streamlining the permitting process for renewable energy generation, broadband, semiconductor facilities, and electric transmission projects. The list of federal agencies receiving assistance can be found HERE.
FEMA Releases $1 Billion Building Resilient Infrastructure and Communities NOFO. The Federal Emergency Management Agency (FEMA) released a $1 billion Notice of Funding Opportunity (NOFO) for the Building Resilient Infrastructure and Communities program. This program funds hazard mitigation projects. Applications are due February 29th and more information can be found HERE.
FHWA Publishes BIP Large Bridge Project NOFO. The Federal Highway Administration (FHWA) published a $9.62 billion NOFO for the Bridge Investment Program's (BIP) Large Bridge Project Grants program. This program will fund projects for bridges with total eligible project costs over $100 million, with minimum grant awards of $50 million, and maximum grant awards of 50 percent of the total eligible project costs. Applications are due November 27th and more information can be found HERE.
FHWA Announces FY 2024 Apportionments. FHWA allocated $61 billion in FY 2024 apportionments to 12 formula programs to all 50 states, the District of Columbia, and Puerto Rico. The funding will support investment in critical infrastructure, including roads, bridges and tunnels, carbon emission reduction, and safety improvements, as well as workforce development to support these investments, utilizing funding from the BIL. The full list of apportionments can be found HERE.
FHWA Publishes AID Demonstration NOFO. FHWA published a $47.5 million NOFO for tribal governments through the Accelerated Innovation Deployment (AID) Demonstration program. The program helps to fund projects that accelerate the implementation and adoption of innovation in highway transportation . A notice of intent is due December 12th, and applications are due January 23rd. More information can be found HERE.
FHWA Publishes Accelerating V2X Deployment NOFO. FHWA published a $40 million NOFO through the Saving Lives with Connectivity: Accelerating V2X Deployment grant opportunity . The grants will help fund projects that deploy, operate, document, and showcase integrated, advanced roadway deployments featuring applications enabled by www.carpiclay.com
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interoperable wireless connectivity (among vehicles, mobile devices, and smart infrastructure) that substantially and quantitatively improve system safety, enhance traveler mobility, improve efficiency of goods movement, mitigate environmental impacts, and address disparities in transportation equity. Applications are due January 17th and more information can be found HERE.
HUD Releases $212 Million Section 811 Supportive Housing for Persons with Disabilities NOFOs. The Department of Housing and Urban Development (HUD) released two NOFOs for the Section 811 Supportive Housing for Persons with Disabilities program:
■ Section 811 Capital Advance Program ($106 Million). This grant program will fund projects that support the development of permanent supportive rental housing for very-low-income persons with disabilities. Applications are due February 12th and more information can be found HERE.
■ Section 811 Project Rental Assistance Program ($106 Million). This grant program will support collaborations between state housing and health agencies that provide appropriate services to new and existing permanent supportive housing units for very-low-income persons with disabilities. Applications are due February 12th and more information can be found HERE.
HUD Awards $160.1 Million for Section 202 Supportive Housing for the Elderly Program. HUD awarded $160.1 million in grant funding to non-profit organizations that support the development or the redevelopment of affordable multifamily rental housing and rental assistance for low-income seniors. The list of selected projects can be found HERE.
HUD Announces Availability of $30.37 Million for Fair Housing Organization Grant Programs. HUD announced the availability of $30.37 million for four grant programs for housing discrimination prevention. The available grants include:
■ Education and Outreach Initiative ($9.466 million). This program funds the development, implementation, and execution of education and outreach programs to inform the public about rights and obligations under the Fair Housing Act.
Applications are due November 30th and more information can be found HERE. • Education and Outreach Initiative - Test Coordinator Training ($500,000).
This grant provides funding for eligible organizations to support fair housing training courses in fair housing testing. Applications are due November 30th and more information can be found HERE.
■ Fair Housing Organizations Initiative ($3.7 Million). This grant funds eligible organizations to conduct fair housing related enforcement activities or establish new organizations for fair housing enforcement. Applications are due November 30th and more information can be found HERE.
■ Private Enforcement Initiative ($16.7 Million). This program funds organizations that conduct testing, investigate violations, and obtain enforcement of rights www.carpiclay .com
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granted under the FHA or applicable state and local laws. Applications are due November 30th and more information can be found HERE.
NOAA Releases $600,000 Sea Grant Program Disaster Preparedness for Coastal Communities NOFO. The National Oceanic and Atmospheric Administration (NOAA) released a $600,000 NOFO to support disaster preparedness, response, and recovery initiatives for coastal communities. Applications are due March 13th, and the program is only open to existing Sea Grant program participants. More information can be found HERE.
Federal Agency Personnel/Regulatory Announcements
President Biden Issues EO Designating OHS as Lead Agency for Artificial Intelligence. President Biden issued an Executive Order (EO) titled "On the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence ," which designates the Department of Homeland Security (OHS) as the lead agency responsible for overseeing the development of artificial intelligence (Al) technology. OHS will manage Al in critical infrastructure and cyberspace, promote the adoption of Al safety standards globally, reduce the potential of Al related development of weapons of mass destruction , reduce Al-related intellectual property theft, and promote Al workforce development. A OHS fact sheet on the EO can be found HERE.
DOD Releases Report on PFAS Groundwater Contamination at Installations. The Department of Defense (DOD) released a congressionally mandated report titled "Per and Polyfluoroalkyl Substances in Groundwater." The report found that plumes of Per and Polyfluoroalkyl (PFAS) were found flowing from 245 out of 275 military installations and other sites near groundwater aquifers.
DOT BTS Publishes Vehicle Inventory and Use Survey. DOT's Bureau of Transportation Statistics (BTS) published the 2021 Vehicle Inventory and Use Survey (VIUS). The data will guide investments in transportation infrastructure and vehicle technologies and evaluate truck safety, estimate emissions and energy consumption , and understand the role of trucks in economic activity. This is the first time in 20 years this data has been published.
DOT Adds Data and Mapping Tools. DOT added new data and mapping tools that aim to provide a high-level overview and guidance that may be useful in writing discretionary grant applications and developing projects. The new tools can be found HERE.
DOT Publishes Commercial eloran Capacity RFI. DOT has published a request for information (RFI) to determine if there is interest from private entities in offering a U.S. commercial enhanced Long-Range Navigation (eloran) service to the public in the United States on a fee-for-service basis without any Federal investment, subsidy, procurement commitment or other commitment of credit or budgetary resources. If respondent has an interest in offering a U.S.-based commercial eloran service on a fee-for-service basis, identify what impediments stand in the way of respondent offering a U.S. commercial eloan service. If lack of access to any federally controlled assets and non-budgetary www.carpiclay .com
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assistance related to utilizing such federally controlled assets are identified as impediments to offering such a service, a subsequent Request for Information may be issued to obtain additional data. Responses should be filed by November 2nd and more information can be found HERE.
EPA Withdraws Cybersecurity Mandate for Water Utilities. Last week, the EPA announced that it is withdrawing its cybersecurity mandate for water utilities. The memo entitled "Addressing Public Water System Cybersecurity in Sanitary Surveys or an Alternate Process," stated that utilities would have been required to incorporate cybersecurity into periodic audits of water systems, commonly called "sanitary surveys." Those audits are already conducted on a regular basis by water utilities, and when EPA debuted the mandate in March, regulators insisted that the request was within its authorities. In July, the 8th U.S. Circuit Court of Appeals issued a stay in favor of the trio of states, freezing the rule while litigation played out.
EPA Publishes Final PFAS Reporting Rule. EPA published a final rule requiring reporting on PFAS to the Toxics Release Inventory. The rule eliminates an exemption that allowed facilities to avoid reporting use of small concentrations of PFAS chemicals.
The final rule is effective November 13th.
EPA Proposes Trichloroethylene Ban. EPA published a proposal under the Toxic Substances Control Act (TSCA) to ban all uses of trichloroethylene (TCE). TCE is currently used cleaning and furniture care products, degreasers, break cleaners, and tire repair sealants. The chemical is known to cause health risks such as cancer, neurotoxicity, and reproductive toxicity. Comments are due December 15th and more information can be found HERE.
EPA Releases 2022 GHG Reporting Program Data. EPA released 2022 greenhouse gas (GHG) data collected under the agency's GHG Reporting Project. EPA collected data from over 8,100 industrial facilities.
EPA Releases Public Engagement Guide for State and Local Governments. EPA published a guide for state and local governments titled "Capacity Building Through Effective Meaningful Management." The guide includes tips for conducting outreach and reaching community consensus.
FHWA Announces Round 7 AFC Designations. The Federal Highway Administration announced Round 7 Alternative Fuel Corridor (AFC) designations. These corridors will assist in expanding alternative fuels across the country. The list of designees can be found HERE.
FHWA Publishes EV Infrastructure One-Pagers on Environmental Reviews. FHWA published two electric vehicle (EV) one-pagers with information to help navigate the environmental review process for EV infrastructure:
• EVs and the National Environmental Policy Act (NEPA)
• EVs and Categorial Exclusions
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FRA Publishes PTC Regulations and Emergency Routing Notice. The Federal Railroad Administration (FRA) published a notice to inform the public about regulations permitting railroads to temporarily reroute a train equipped with a positive train control (PTC) system onto a track not equipped with a PTC system, in the event an emergency prevents usage of the regularly used track. This notice contains information about the process a railroad must follow to notify FRA and/or obtain FRA's approval, depending on the duration of the rerouting.
FRA Publishes Locomotive Image and Audio Recording Devices Final Rule. The FRA published a final rule requiring the installation of inward- and outward-facing locomotive image recording devices on all lead locomotives in passenger trains, as required by the Fixing America's Surface Transportation Act (FAST Act). In general, the final rule requires that these devices record while a lead locomotive is in motion and retain the data in a crashworthy memory module. The rule also treats locomotive-mounted recording devices on passenger locomotives as "safety devices" under existing federal railroad safety regulations to prohibit tampering with or disabling them. The rule is effective on November 13th.
HUD Proposes ConnectHomeUSA Initiative Expansion and Restructuring. HUD issued a proposal to expand the ConnectHomeUSA Initiative to include 50-100 new communities and to restructure the Initiative into a three-tiered program. Through the Initiative, HUD works with public housing authorities, Tribally Designated Housing Entities, and multifamily housing providers to implement a digital inclusion program that provides internet connection to low-income communities. Comments on the proposal are due December 18th, after which HUD will begin accepting Letters of Intent (LOI). LOls are due February 14th.
HUD Expands Small Area Fair Market Rents Housing Choice Voucher Rule Coverage. HUD announced that 41 additional metropolitan areas will be required to adhere to the 2016 Small Area Fair Market Rent Final Rule for the Housing Choice Vouchers program beginning January 1st, 2025. There are currently 24 metropolitan areas that are required to follow the rule that allows Public Housing Agencies to set the maximum rent that housing vouchers will cover at the ZIP code level instead of setting a uniform standard across a metropolitan area. More information can be found HERE.
HUD Publishes Commercial to Residential Conversion Guide. HUD published a new guide titled "Commercial to Residential Conversions: A Guidebook to Available Federal Resources." The guidebook provides information on federal programs, loans, grant, guarantees, and tax incentives that support conversion of commercial properties into residential.
IRS Publishes NPRM for the Transfer of Clean Vehicle Credits. The Internal Revenue Service (IRS) published a NPRM that provides guidance regarding certain clean vehicle credits. The proposed regulations would provide guidance for taxpayers who purchase qualifying previously owned clean vehicles or purchase qualifying new clean vehicles and intend to transfer the amount of any previously owned clean vehicle credit or new clean www .carpiclay .com
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vehicle credit to dealers who are entities eligible to receive advance payments of either credit. The proposed regulations would also provide guidance for dealers to become eligible entities to receive advance payments of previously owned clean vehicle credits or new clean vehicle credits, and rules regarding recapture of the credits. The proposed regulations would affect taxpayers intending to transfer previously owned clean vehicle or new clean vehicle credits and eligible entities to whom the credits are transferred, as well as taxpayers who purchased previously owned clean vehicles or new clean vehicles in the event the vehicles cease being eligible for the credits. Finally, the proposed regulations provide guidance on the meaning of three new definitions added to the exclusive list of "mathematical or clerical errors" relating to certain assessments of tax without a notice of deficiency. Comments are due December 11th• IRS Updates Commercial Clean Vehicle Credits FAQs. IRS updated its frequently asked questions (FAQs) related to new, previously owned, and qualified commercial clean vehicle credits.
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November 7, 2023
To: Jason Haber, Intergovernmental Affairs Director
Allegra Frost, Assistant City Attorney
City of Carlsbad
From: Sharon Gonsalves
Director of Government Affairs
Renne Public Policy Group
RE: Legislative Summary - October 2023
GOVERNOR'S FINAL LEGISLATIVE ACTIONS FOR THE YEAR
Bills by the Numbers
October 14 marked the deadline for all bills to be acted upon by Governor Newsom. Of the 2,662 bills introduced in 2023, 1,046 made it to the Governor's desk for consideration and ultimately 890 were signed and 156 were vetoed . This sign/veto rate is congruent with the average since the Governor took office at approximately 85% to 15%. Bills which did not reach the Governor's desk either died in committee or were shelved as two-year bills to be taken up by the end of January 2024. 2023 Policy Trends
The 2023 legislative year saw the Governor take an overall moderate stance on contested, high profile policies. This was perhaps best evidenced by his approach to the legislative package that resulted from the "hot labor summer ." Newsom delivered on several pieces of key legislation with labor backing that were opposed by many business and local government groups, including:
• AB 1228 (Chapter 262, Statutes of 2023), which increases the minimum wage of fast food and healthcare workers,
• AB 1 (Chapter 313, Statutes of 2023), which allows legislative staffers to unionize, and • AB 1484 (Chapter 313, Statutes of 2023), which requires temporary public employees to be included in the same bargaining unit as permanent employees.
However, the Governor also vetoed several labor priorities at the request of many business and local government groups- in a move that symbolizes a departure from prior years and a more moderate overall impact-including:
• SB 799, that would have allowed strik ing employees to receive unemployment benefits, • AB 316, that required human safety drivers on autonomous semi-trucks, and • AB 504, that would have permitted sympathy striking as a human right for public sector employees.
In his veto messages for these bills, the Governor noted their high cost and the looming budget deficit for the foreseeable future.
However, the Governor stayed true to his messaging on increasing the state's housing, signing most housing and land use bills that advanced to him for consideration, including legislation to streamline Nov. 14, 2023 Item #2
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ADVOCACY FOR THE PUBLIC GOOD.
regulations and to make it easier to sell ADUs. He also signed several bills designed to protect tenants, including in the areas of rent gouging and eviction, disability requirements, and security deposits.
All together, these actions seem indicative of the Governor leaning towards the center in preparation for future higher office as his term for Governor begins to wind down-although which specific office that is remains to be seen.
INFORMATIONAL HEARINGS
Several informational hearings have been held by the Legislature since it adjourned in September.
The Legislature holds informational hearings to gather information from stakeholders on a subject which they may use to generate or consider future legislation. While no formal actions are taken during informational hearings, the major themes, committee member comments, specific panelists used, and overall tone of the conversation all play a role in assessing which major policies may be looked to be advanced during the legislative session.
Wildfire Insurance Market Hearing
The Assembly Insurance Committee and the Assembly Select Committee on Wildfire Prevention held a joint informational hearing on October 9 in Santa Rosa. The subject of the hearing was "Wildfire Insurance: Risk, Resiliency & Recovery" and focused on how the recent wildfires have affected the wildfire insurance market in California. For nearly three hours, witnesses from the Administration, environmental nonprofits, and insurance industry advocates testified to the Joint Committee on the causes and consequences of the recent unprecedented wildfires throughout the state. There was widespread agreement on the need for mitigation as a primary strategy for the prevention of wildfire destruction, but disagreement on which specific mitigation strategies should be taken and the affects that these strategies have on wildfire insurance rates. Given the instability of the wildfire insurance market in California, the recent executive order issued by the Governor which urged action by Commissioner Lara, and the agreement on wildfire coverage announced by Commissioner Lara, it is likely that this may be a hot topic in 2024. Potential future legislation could include increasing or stream lining regulations , changing the way that state agencies model fire risk, incentivizing and funding mitigation efforts, and/or other policies designed to stabilize the wildfire insurance market .
The agenda for this hearing can be found here.
SB 855 Oversight Hearing
The Senate Select Committee on Mental Health & Addiction held an informational hearing on October
18. The subject of the hearing was "Compliance with California's Mental Health Parity Law" and served as an oversight hearing for SB 855 (Chapter 151, Statutes of 2020). The bill requires a health plan or disability insurance policy to provide coverage for medically necessary treatment of mental health and substance use disorders under the same terms and conditions applied to other medical conditions. Over the course of more than two hours, witnesses from the Administration, healthcare provider nonprofits, and healthcare advocacy groups testified to the Select Committee on the state of the mental healthcare insurance market in California. Testimony centered on whether insurers and providers have been complying with the provisions of SB 855 and how to create parity in plan coverage between healthcare and mental healthcare . Possible legislation in 2024 may aim to reach such parity. The agenda for this hearing can be found here.
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ADMINISTRATION ACTIONS
Behavioral Health Ballot Measure
Governor Newsom held a press conference on October 12 to announce the signing into law of AB 531 (Chapter 789, Statutes of 2023) and SB 326 (Chapter 790, Statutes of 2023), the two bills that comprised his behaviora l health legislative package. The Governor stated that the measures wil l "prioritize getting people off the streets, out of tents and into treatment." The package contains $6.38 billion in funding from a general obligation bond for behavioral health infr astructure and reforms the Mental Health Services Act. The measures will be put to voters on the March 5, 2024 ballot as Proposition 1. The Governor also announced at the press conference his California Mental Health Movement, a "sweeping plan to address the mental health and substance use disorder crises happening across the state - impacting California ns in every community." The plan includes more than $28 billion in funding for behavioral health in several different program areas.
IRS Deadline Extension and October Tax Receipts
The IRS announced on October 16 that it had further extended the tax filing deadline for California taxpayers affected by the severe winter storms in January to November 16. All counties in the state except Lassen, Modoc, and Shasta qualify for th e extension. According to the Assembly budget advisor Jason Sisney, the Franchise Tax Board collected about $28 billion less in personal and corporate tax than the expected $44.9 billion for the mont h as of October 27. This expected shortfa ll is likely due to the IRS deadline extension and may significantly limit futu re state revenue forecasts by the Administration and the Legislature. The extended deadline is likely to prove prob lematic as the Administration's Department of Finance and the Legislature's nonpartisan Legislative Analyst's Office work to provide fiscal forecasting for th e January budget proposal, which means that projections will be educated guesses and may need addit ional adjustment as filings roll in and actual numbers are realized.
RPPG MONTHLY LEGISLATIVE ACTIVITY
RPPG continues to work with City staff to prepare for the next legislative session, to evaluate the need for revision to the legislative platform, and to establish policy and fiscal priorities heading into 2024.
Housing and Transportation Bills Memo
RPPG sent the City a memo on October 18 which provided a list of all housing and transportation bills enacted in 2023 (Attachment A).
Proposition 1 Memo
RPPG sent the City a memo on October 30 which contained an analysis of Proposition 1, the Behavioral Health Infrastructure Bond Act of 2024 (Attachment B).
Deep Dives
RPPG met with City department staff throughout the month to conduct deep dives to review legislative priorities, funding priorities, and proposed ideas for sponsored legislation.
Update on Positioned Legislation
Below is the final 2023 outcome for all legislation on which the City has adopted a position. • AB 33 (Bains) Fentanyl Addiction and Overdose Prevention Task Force Nov. 14, 2023 Item #2
3
o City Position: Support
o Status: Chaptered by Secretary of State - Chapter 887, Statutes of 2023 • AB 40 (Rodriguez) Emergency medical services
o City Position: Support
o Status: Chaptered by Secretary of State - Chapter 793, Statutes of 2023 • AB 86 (Jones-Sawyer) Homelessness: Statewide Homelessness Coordinator o City Position: Support
o Status: Held in committee
• AB 399 (Boerner) Water Ratepayers Protections Act of 2023: County Water Authority Act:
exclusion of territory : procedure
o City Position: Watch
o Status: Chaptered by Secretary of State - Chapter 802, Statutes of 2023 • AB 474 (Rodriguez) State Threat Assessment Center: transnationa l criminal organizations o City Position: Support
o Status: Vetoed
• AB 531 (Irwin) The Behavioral Health Infrastructure Bond Act of 2023 o City Position: Support
o Status: Chaptered by Secretary of State - Chapter 789, Statutes of 2023 • AB 557 (Hartl Open meetings: local agencies: teleconferences o City Position: Support
o Status: Chaptered by Secretary of State - Chapter 534, Statutes of 2023 • AB 584 (Hartl California Coastal Act of 1976: coastal development: emergency waiver o City Position: Support
o Status: Chaptered by Secretary of State - Chapter 118, Statutes of 2023 • AB 701 (Villapudua) Controlled substances: fentanyl
o City Position: Support
o Status: Chaptered by Secretary of State - Chapter 540, Statutes of 2023 • AB 742 (Jackson) Law enforcement : police canines
o City Position: Oppose
o Status: Inactive File
• AB 817 (Pacheco) Open meetings: teleconferencing: subsidiary body o City Position: Support
o Status: Two-year bill
• AB 1188 (Boerner) Transportation: bicycle safety handbook o City Position: Support
o Status: Held in committee
• AB 1207 (Irwin) Cannabis: labeling and advertising
o City Position : Support
o Status:Vetoed
• AB 1484 (Zbur) Temporary public employees
o City Position: Oppose
o Status: Chaptered by Secretary of State - Chapter 691, Statutes of 2023 • AB 1628 (McKinnor) Microfibe r filtration
o City Position: Support
o Status: Vetoed
Nov. 14,2023 Item #2
4
• AB 1708 (Muratsuchi) Theft
o City Position: Support
o Status: Held in committee
• SB 19 (Seyarto) Anti -Fentanyl Abuse Task Force
o City Position: Support
o Status: Chaptered by Secretary of State - Chapter 857, Statutes of 2023 • SB 43 (Eggman) Behavioral health
o City Position: Support
o Status: Chaptered by Secretary of State - Chapter 637, Statut es of 2023 • SB 326 (Eggman) The Behavioral Health Services Act
o City Position : Support
o Status: Chaptered by Secretary of State - Chapter 790, Statutes of 2023 • SB 363 (Eggman) Facilities for inpatient and residentia l mental health and substance use disorder : database
o City Position: Support
o Status: Held in committee
• SB 381 (Min) Electric bicycles: study
o City Position: Support
o Status: Chaptered by Secretary of State - Chapter 869, Statutes of 2023 • SB 423 (Wiener) Land use: streamlined housing approvals: multifamily housing development s
o City Position: Support
o Status: Chaptered by Secretary of State - Chapter 778, Statutes of 2023 • SB 428 (Blakespear) Temporary restraining orders and protective orders: employee harassment
o City Position: Sponsor
o Status: Chaptered by Secretary of State - Chapter 286, Statutes of 2023 • SB 537 (Becker) Open meetings: multijurisdictional, cross-county agencies: tele conferen ces o City Position: Pending Support
o Status: Inactive File
• SB 689 (Blakespear) Local coastal program: conformity determination o City Position: Pending Support
o Status: Two-year bill
• SB 747 (Caballero) Land use: economic development : surplus land o City Position: Neutral
o Status: Chaptered by Secretary of State - Chapter 786, Statutes of 2023
LOOKING FORWARD
• JANUARY 1: All measures signed into law in 2023, unless otherwise excepted, go into effect . • JANUARY 3: The 2024 legislative year begins.
• JANUARY 10: Governor announces fiscal year 2024-2025 budget proposal. • JANUARY 31: Deadline for bills int roduced in 2023 to pass their house of origin to continue to advance in 2024.
• FEBRUARY 16: Last day to introduce bills in 2024.
Nov. 14,2023 Item #2
5
ADVOCACY FOR THE PUBLIC GOOD.
October 18, 2023
To: Jason Haber, Intergovernmental Affairs Director
Allegra Frost, Assistant City Attorney
City of Carlsbad
From: Sharon Gonsalves
Director of Government Affairs
Renne Public Policy Group
RE: Housing and Transportation Bills Enacted in 2023
Attachment A
Below is a list of all housing and transportation bills that were chaptered in the 2023 legislative session.
Note: Unless otherwise stated, all measures will become effective January 1, 2024.
Bill Number
(Author) Bill Title
AB 42 (Ramos) Tiny
homes: temporary
sleeping cabins:
fire sprinkler
requirements
Chapter 725,
Statutes of 2023
AB 281 (Grayson)
Planning and
zoning: housing:
postent itlement
phase permits
Chapter 735,
Statutes of 2023
AB 318 (Addis)
Mobile home
Residency Law
Protection Act
Nov. 14,2023
Housing/Land Use Bills
Brief Description
Defines "temporary sleeping cabin" to mean a
nonpermanent structure that is intended to provide
temporary housing to people experiencing
homelessness or at risk of homelessness, has a tota l
floor area of less than 250 feet, and does not include
plumbing .
This bill would require a special district that receives an application from a housing development project for
service from a special district or an application from a housing development project for a postentitlement
phase permit, as specified, to provide written notice to the applicant of next steps in the review process,
including, but not limited to, any additiona l
information that may be required to begin to review
the application for service or approva l.
Deletes the requirement t hat the Department of
Housing and Community Development select the most
severe, deleterious, and materially and economically
impactful alleged violations
Item #2
Effective date and
sunset date, if
applicable
Sunset date for
some provisions:
January 1, 2027
Sunset date:
January 1, 2027
1
Chapter 736,
Statutes of 2023
AB 323 (Holden)
Density Bonus Law:
purchase of
density bonus units
by nonprofit
housing
organizations: civil
actions
Chapter 738,
Statutes of 2023
AB 346 (Quirk-
Silva) Income tax
credits: low-
income housing:
Californi a Debt
Limit Allocation
Committee
rulemaking
Chapter 739,
Statutes of 2023
AB 426 (Jackson)
Unlicensed
residential foster
care facilities:
temporary
placement
management
Chapter 438,
Statutes of 2023
AB 434 (Grayson)
Housing element:
notice of violatio n
Chapter 740,
Statutes of 2023
AB 480 (Ting)
Surplus land
Nov. 14,2023
Prohibit s a developer from selling a unit constructed
pursuant to a local inclusionary zoning ordinance that
is int ended for owner-occupancy by persons or families of extreme ly low, very low, low, or moderate income
to a purchaser that is not a person or family of
extreme ly low, very low, low, or moderate income.
Authorizes the California Debt Limit Allocation
Committee (CDLAC) to adopt, amend, or repeal rules
and regulations without complyin g with the procedural
requirements of the Administrative Procedures Act,
except as specified.
Authorizes the Department of Social Services to assess
an imm ediate civil penalty in the amount of $1,000 for each day of the violation on a person, as defined, who
provides residential care to children.
Requires the Department of Housing and Community
to review an adopted housing element or amendment
and report its findings to the local planning agency
within 60 days.
Defines the term "dispose" to mean the sale of the
surplus property or a lease of any surplus property
entered into on or afte r January 1, 2024, for a term
longer than 15 years, including renewal option s, as
Item #2
Section 1 sunsets
January 1, 2029;
Section 2 effect ive
January 1, 2029
2
Chapter 788,
Statutes of 2023
AB 516 (Ramos)
Mitigation Fee Act:
fees for
improvements :
reports and audits
Chapter 741,
Statutes of 2023
AB 519 (Schiavo)
Affordable Housing
Finance
Workgroup:
affordable housing:
consolidated
application and
coordinated review
process
Chapter 742,
Statutes of 2023
AB 529 {Gabriel)
Adapt ive reuse
projects
Chapter 743,
Statutes of 2023
AB 531 (Irwin) The
Behavioral Health
Infrastructure
Bond Act of 2023
Chapter 789,
Statutes of 2023
AB 548 (Boerner)
State Housing Law:
inspect ion
Chapter 744,
Statutes of 2023
Nov. 14, 2023
specified. The bill would provide 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.
Requires a Mitigation Fee Act report to include an
identificat ion of each public improv ement identified in a previous report, whether construct ion began on the
approximate date noted in the previous report, the
reason for the delay, if any, and a revised approximate date that the local agency will commence construct ion, if applicable.
Requires specified reviewing entit ies, as defined as the above-described entiti es, to jointly convene an
Affordable Housing Finance Workgroup to develop
recommendations for state-administered programs to
utilize a consolidated application for multifamily
affordable rental housing developers
Adds the facilitation of the conversion or
redevelopment of commerc ial properties into housing,
including the adopt ion of adaptive reuse, as defined,
ordinances or other mechanisms that reduce barriers
for these conversions, to the list of specified
prohousing local policies.
Funds projects that provide housing for individuals and families who are experiencing homelessness or who
are at risk of homelessness and who are inherently
impacted by or at increased risk for medical diseases.
Requires local enforcement agencies, by January 1,
2025, to develop policies and procedures for
inspecting a building with multipl e units if an inspector or code enforcement officer has determined that a
unit is substandard or is in violation of the State
Housing Law, and the inspector or code enforcement
officer determines that the defects or violations have
Item #2
March 2024 if
passed by voters
3
AB 572 (Haney)
Common interest
developments :
imposition of
assessments
Chapter 745,
Statutes of 2023
AB 604 (Lee)
Mobilehome parks:
water utility
charges
Chapter 807,
Statutes of 2023
AB 671 (Ward)
CalHome Program:
accessory dwelling
units
Chapter 746,
Statutes of 2023
AB 812 (Boerner)
Housing
development
approvals:
reserving
affordable units in
or near a cultur al
district for artists
Chapter 747,
Statutes of 2023
AB 821 (Grayson)
Planning and
zoning: general
plan: zoning
ordinance:
conflicts
Chapter 748,
Statutes of 2023
Nov. 14,2023
the potential to affect other units of the building, as specified.
Prohibits an association that records its original
declaration on or after January 1, 2025, from imposing
an increase of a regular assessment on the owner of a
deed-restricted affordable housing unit that is more
than 5% plus the percentage change in the cost of
living, not to exceed 10% greater than the preceding
regular assessment for the association's preceding
fiscal year.
Provides that a person or other entity that maintains a mobilehome park or a multiple unit residential
complex, and provides water service through a
submeter service system, is exempt from regulation as
a public utility if management of the mobilehome park
complies with the limitations on charges and fees
provided for in the Mobilehome Residency Law
Specifies that that for home ownership development
projects that include construction of accessory
dwelling units or junior accessory dwelling units,
neither the CalHome Program nor any administrative
rule or guideline implementing the CalHome Program
precludes those dwelling units from being separately
conveyed to separate lower income households on
separate parcels created pursuant to specified law.
Authorizes a city or county that requires, as a condition of approval, that a certain percentage of units of a
residential development be affordable housing, as
specified, to reserve for artists up to 10% of those
required affordable housing units, except as provided.
Requires, in specific circumstances, a local agency to
either amend the zoning ordinance within 180 days
from the receipt of the development application to be
consistent with the general plan, or to process the
development application, as specified
Item #2
Effective date:
January 1, 2025
4
AB 835 (Lee) State
Fire Marshal:
building standards:
single-exit, single
stairway
apartment houses:
report
Chapter 345,
Statutes of 2023
AB 894 (Friedman)
Parking
requirements:
shared parking
Chapter 749,
Statutes of 2023
AB 911 {Schiavo)
Unlawfully
restrictive
covenants:
affordab le housing
Chapter 750,
Statutes of 2023
AB 932 (Ting)
Accessory dwelling
units: Accessory
Dwelling Unit
Program: report s
Chapter 169,
Statutes of 2023
AB 968 (Grayson)
Single-family
residential
property:
disclosures
Chapter 95,
Statutes of 2023
Nov. 14, 2023
Require the State Fire Marshal to research standards
for single-exit, single stairway apartment houses, with more than 2 dwelling units, in buildings above 3 stories and provide a report to specified legislative
committees and to the California Building Standards
Commission by January 1, 2026
Requires a local agency to allow parking spaces
identified in a shared parking agreement to count
toward meeting automob ile parking requirements for
a new or existing development or use, including, but
not limited to, shared parking in underutilized spaces
and in parking lots and garages that will be constructed as part of the development or developments when
specified conditions regarding the distance between
the entities that will share the parking are met.
Requires the county recorder to notify the owner or
submitting party of the county counsel's determination
without delay, so that notice may be given by the
owner regarding the authorization to record the
modification document.
Requires CalHFA to evaluate the program and report
CalHFA's finding s to the Legislature by January 1, 2025.
Requires a seller of a single-family residential property who accepts an offer for the sale of the single-family
residential property within 18 months from the date
that tit le for the single-family residential property was transferred to the seller to disclose to the buyer
specified information.
Item #2
Sunset date:
January 1, 2028
5
AB 976 (Ting)
Accessory dwelling
units: owner-
occupancy
requirements
Chapter 751,
Statutes of 2023
AB 1033 (Ting)
Accessory dwelling
units: local
ordinances:
separate sale or
conveyance
Chapter 752,
Statutes of 2023
AB 1114 (Haney)
Planning and
zoning: housing
development
projects:
postent itlement
phase permits
Chapter 753,
Statutes of 2023
AB 1218
(Lowenthal)
Development
projects:
demolition of
residential dwell ing
units
Chapter 754,
Statutes of 2023
AB 1280
(Maienschein) Fire
hazard severity
zones: disclosures
Chapter 99,
Statutes of 2023
Nov. 14,2023
Prohibits a local agency from imposing an owner-
occupancy requirement on any accessory dwelling
unit.
Authorizes a local agency to adopt a local ordinance to allow the separate conveyance of the primary dwelling
unit and accessory dwelling unit or units as
condominiums, as specified.
Modifies the definition of "postentit lement phase
permit" to also include all building permits and other
permits issued under the California Building Standards
Code or any applicable local building code for the
construction, demolition, or alteration of buildings,
whether discretionary or nondiscretionary.
Expands the demolition of residentia l dwelling units
prohibitions to prohibit an affected city or affected
county from approving any development project that
will require the demolition of occupied or vacant
protected units.
Requires a single-fami ly residential property is located within a fire hazard severity zone to specify whether
the property is located in a high or very high fire
hazard severity zone.
Item #2
Sunset date:
January 1, 2030
6
AB 1287 (Alvarez)
Density Bonus Law:
maximum
allowable
residentia l density:
additional density
bonus and
incentives or
concessions
Chapter 755,
Statutes of 2023
AB 1307 (Wicks)
Californ ia
Environmental
Quality Act: noise
impact : residential
projects
Chapter 160,
Statutes of 2023
AB 1308 (Quirk-
Silva) Planning and
Zoning Law: single-
fam ily residences:
parking
requirements
Chapter 756,
Statutes of 2023
AB 1317 (Carrillo,
Wendy) Unbundled
parking
Chapter 757,
Statutes of 2023
AB 1319 (Wicks)
Bay Area Housing
Finance Authority:
housing revenue
Chapter 758,
Statutes of 2023
AB 1332 (Carrillo,
Juan) Accessory
Nov . 14,2023
Defines "maximum allowable residential density" to
mean the greatest numbe r of units allowed under the
zoning ordi nance, specific plan, or land use element of the general plan, or, if a range of density is permitted, the greatest number of units allowed by the specific
zoning range, specific plan, or land use element of the general plan applicable to the project.
Specifies that the effects of noise generated by project occupants and their guests on human beings is not a
significant effect on the environment for residential
projects for purposes of CEQA.
Prohibits a public agency, as defined, from increasing
the minim um parking requirement that applies to a
single-family residence as a conditio n of approval of a project to remodel, renovate, or add to a single-fami ly residence, except as specified.
Requires the owner of qualifying residential property,
as defined, that prov ides parking wit h the qualifying residential property to unbundl e parking from the
price of rent, as specified.
Requires th e Bay Area Housing Finance Authority and
executive board to form an advisory comm ittee
composed of at least 9 and no more than 11
representatives with knowledge and expertise in the
areas of affordable housing finance, constructio n
workforce, and development, tenant protection, and
housing preservation.
Requires each local agency, by January 1, 2025, to
develop a program for the preapproval of accessory
Item #2
Effective date:
September 7,
2023
7
dwelling units:
preapproved plans
Chapter 759,
Statutes of 2023
AB 1386 (Gabriel)
Veterans housing:
tenant referrals
Chapter 760,
Statutes of 2023
AB 1418
(McKinnor)
Tenancy: local
regulations:
contact with law
enforcement or
criminal
convictions
Chapter 476,
Statutes of 2023
AB 1439 (Garcia)
Low-income
housing tax credit:
farmworker
housing
Chapter 369,
Statutes of 2023
AB 1449 (Alvarez)
Affordable
housing: California
Environmental
Quality Act:
exemption
Chapter 761,
Statutes of 2023
AB 1469 (Kalra)
Santa Clara Valley
Water District
Nov. 14, 2023
dwelling unit plans, whereby the local agency accepts
accessory dwelling unit plan submissions for
preapproval and approves or denies the preapproval
applications, as specified.
Authorizes an entity tasked with making referrals of
units targeted to extremely low income households to
submit a petition to the departments requesting
authority to lease the qualified unit to a secondary
tenant, as defined, if a qualified entity is unable to
locate, match, or otherwise place a qualified tenant in a qualified unit with 60 days of the unit becoming
available.
Prohibits a local government from, among other
things, imposing a penalty against a resident, owner,
tenant, landlord, or other person as a consequence of
contact with a law enforcement agency, as specified.
Requires the California Tax Credit Allocation
Committee to consider amending the regulatory
scoring system to also award maximum points to
farmworker housing projects under the housing needs
category, and an initial 5 points in the category for site amenities beyond those required as additional
thresholds .
Exempts from CEQA certain actions taken by a public
agency related to affordab le housing projects, as
defined, if certain requirements are met.
Authorizes the Santa Clara Valley Water District to take certain actions in order to assist unsheltered people
living along streams, in riparian corridors, or otherw ise within the district's jurisdiction, in consultation with a Item #2
Sunset date:
January 1, 2033
8
Chapter 729,
Statutes of 2023
AB 1474 (Reyes)
California
Statewide Housing
Plan
Chapter 762,
Statutes of 2023
AB 1485 (Haney)
Housing element:
enfo rcement:
Attorney General
Chapter 763,
Statutes of 2023
AB 1490 (Lee)
Affordable housing
development
projects: adaptive
reuse
Chapter 764,
Statutes of 2023
AB 1508 (Ramos)
Department of
Housing and
Community
Development:
California
Statewide Housing
Plan
Chapter 765,
Statutes of 2023
AB 1528 (Gipson)
Housing
autho riti es:
property taxation
Chapter 766,
Statutes of 2023
AB 1587 (Ting)
Financial
transactions:
Nov. 14,2023
city or the County of Santa Clara to provide solution s or improve outcomes for the unsheltered individuals.
Adds veterans to the list of population groups included in the housing strategy described above. The bill would requir e th e department to also consult with the
Departmen t of Veterans Affairs in developing the
housing strategy, to the extent possible.
Permits the Department of Housing and Community
Development the office of the Attorney General to
interve ne as a matter of unconditional right in any
legal action addressing a violation of the specified
housing laws described above, including, among
others, t he Housing Accountability Act, the Density
Bonus Law, and th e Housing Crisis Act of 2019.
Requires a local source of funding that can be used for the development of affordabl e housing to include
adaptive reuse as an eligible proj ect and prohibit an
agency with control of a local source of funding from
prohibi t ing or excluding a development proposal that
uses an adaptive reuse model for an affordable
housing project development solely on the basis that
the proposal is for an adaptive reuse project.
Requires each update and revision to the statewide
housing plan to also include (1) an analysis of first-ti me home buyer assistance policies, goals, and object ives; (2) recommendations for actions that will contrib ute to increasing home ownership opportunities for first -time home buyers in California; and (3) an evaluatio n and
summary of demographic dispariti es in home
ownership atta inment in California, as specified.
Specifies that property held by a nonprofit public
benefit corporation that is controlled by a housing
authority, as described, is exempt from taxation.
Requires a payment card network to make the
merchant category code for firearms and ammuni tion
businesses established by the Internationa l
Item #2
9
firearms
merchants:
merchant category
code
Chapter 247,
Statutes of 2023
AB 1620 (Zbur)
Costa-Hawkins
Rental Housing
Act: permanent
disabilities:
comparable or
smaller units
Chapter 767,
Statutes of 2023
AB 1633 (Ting)
Housing
Accountabi lity Act:
disapprovals:
California
Environmental
Quality Act
Chapter 768,
Statutes of 2023
AB 1649 (Kalra)
Local Agency Public
Construction Act:
change orders:
County of Santa
Clara
Chapter 281,
Statutes of 2023
SB 4 (Wiener)
Planning and
zoning: housing
development:
higher education
institutions and
religious
institutions
Nov. 14, 2023
Organization
for Standardization on September 9,
2022, available for merchant acquirers that provide
payment services for firearms merchants.
Authorizes a jurisdiction to require the owner of a
resident ial real property that is subject to an ordinance or charter provision that controls the rental rate to
permit a tenant who is not subject to eviction for
nonpayment and who has a permanent physical
disability related to mobility to move to an available
comparable or smaller unit, as defined, located on an
accessible floor of the property if certain conditions
are met.
Defines "disapprove the housing development project"
as also including any instance in which a local agency
fails to make a determination of whether the project is exempt from CEQA or commits an abuse of discretion,
as specified, or fails to adopt a negative declaration or addendum for the project, to certify an environm ental
impact report for the project, or to approve another
comparable environmental document, if certain
conditions are satisfied.
Authorizes the County of Los Angeles to be subject to a change order cap of $400,000 for construction
contracts whose original cost exceeds $25,000,000 and
of $750,000 for those contracts whose original cost
exceeds $50,000,000, both of which are adjusted
annually to reflect the percentage change in the
California Consumer Price Index.
Requires that a housing development project be a use
by right upon the request of an applicant who submits
an application for stream lined approval, on any land
owned by an independent institution of higher
education or religious institution on or before January 1, 2024, if the development satisfies specified criteria, including that the development is not adjoined to any
site where more than one-third of the square footage
on the site is dedicated to industrial use.
Item #2
Sunset date:
January 1, 2031
Sunset date:
January 1, 2027
Sunset date:
January 1, 2036
10
Chapter 771,
Statutes of 2023
SB 20 (Rubio) Joint
powers
agreements:
regional housing
trusts
Chapter 147,
Statutes of 2023
SB 91 (Umberg)
California
Environmental
Quality Act:
supportive and
transitional
housing: motel
conversion:
environmental
leadership transit
projects
Chapter 732,
Statutes of 2023
SB 229 (Umberg)
Surplus land:
disposal of
property:
violations: public
meeting
Chapter 774,
Statutes of 2023
SB 240 (Ochoa
Bogh) Surplus state
real property:
affordable housing
and housing for
former ly
incarcerated
individuals
Chapter 775,
Statutes of 2023
Nov. 14, 2023
Authorizes two or more local agencies, as defined, to
create a regional housing trust for the purpose of
funding housing to assist the homeless population and
persons and families of extremely low, very low, and
low income within their jurisdictions by entering into a joint powers agreement pursuant to the Joint Exercise
of Powers Act.
Indefinitely exempts from CEQA projects related to the
conversion of a structure with a certificate of
occupancy as a motel, hotel, residentia l hotel, or
hostel to supportive or transitiona l housing, as defined, that meet certain conditions
Requires a local agency that is disposing of surplus land and has received a notification of violation from the
department to hold an open and public meeting to
review and consider the substance of the notice of
violation.
Authorizes a local agency or nonprofit affordable
housing sponsor to be considered as a potential
priority buyer of surplus state real property upon
demonstration that the property is to be used by the
agency or sponsor for housing for former ly
incarcerated individuals, subject to the same
provisions described above, as specified.
Item #2
11
SB 341 (Becker)
Housing
development
Chapter 777,
Statutes of 2023
SB 406 (Cortese)
California
Environm ental
Quality Act:
exemption:
financial
assistance:
residential housing
Chapter 150,
Statutes of 2023
SB 423 (Wiener)
Land use:
streamlined
housing approvals:
multifamily
housing
developments
Chapter 778,
Statutes of 2023
SB 469 (Allen)
Housing: publicly
funded low-rent
housing projects
Chapter 179,
Statutes of 2023
Nov. 14,2023
Specifies that only the qualifying infill area portion of the Infill Infrastructure Grant Program of 2019 must be awarded additional points or preference. This bill
would add the qualifying infill area and catalytic
qualifying infill area portions of the Infill Infrastructure Grant Program of 2019 as one of the specified state
programs for which additional points or preference is
awarded. This bill wou ld also make technical changes
to the provisions of the programs.
Extends certain CEQA exempt ions to actions taken by a
local agency not acting as the lead agency to provide
financial assistance or insurance for the development
and construction of residential housing, as provided.
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 above-described requirements on property
owned by or leased to the state. The bill would extend
the operat ion of the streamlined, ministerial approval process to January 1, 2036.
Expands the definition of exclusion of "low -rent
housing project" to include a development that
consists of the acquisition, rehabilitation,
reconstruction, alterat ions work, new construction, or any combinatio n thereof, of lodging facilities or
dwelling units using an allocation of federal or state
low-income housing tax credits from the California Tax
Credit Allocation Committee or moneys appropriated
and disbursed pursuant to the Zenovich-Moscone -
Chacon Housing and Home Finance Act, and the
Affordab le Housing and Sustainable Communities
Program, thereby excluding the developments that
receive money from the specified funds and programs
from the scope of the above-described constitutiona l
provision.
Item #2
Sunset date:
January 1, 2036
12
SB 482
(Blakespear)
Multifamily
Housing Program:
supportive
housing:
capita lized
operating reserves
Chapter 780,
Statutes of 2023
SB 506 (Laird)
Public Utilities
Commission:
railroads: colored
pavements
marking project
Chapter 288,
Statutes of 2023
SB 555 (Wahab)
Stable Affordable
Housing Act of
2023
Chapter 402,
Statutes of 2023
SB 567 (Durazo)
Termination of
tenancy: no-fault
just causes: gross
rental rate
increases
Chapter 290,
Statutes of 2023
SB 684 (Caballero)
Land use:
streamlined
approva l
Nov. 14, 2023
Specifies that the Department of Housing and
Community Development may allow capital ized
operating reserves to be used for eligible projects, and that assisted units may include, but not be limited to, supportive hou sing units, as defined.
Requires the Public Utilitie s Commission, to the extent permitted by federal law or regulation, to develop and
implement a pilot or limited demonstration and
research project for colored pavement markings at one
or more at-grade highway-railro ad crossings no later
than January 1, 2026, to measure and evaluat e the
effectiveness of such a project to reduce incidents.
Requires the Department of Housing and Community
Development no later than December 31, 2026, to
complete a California Social Housing Study consisting
of a comprehens ive analysis of the opportunities,
resources, obstacles, and recommendations for the
creation of housing that is affordable, as defined, and social housing, as defined, at scale, to assist in meeting the need identified in the statewide projections for
below market rate housing affordable to households
with extremely low, very low, low, and moderate
incomes in the 6th Regional Housing Needs
Assessment cycle.
With respect to the no-fault just cause related to an
eviction based on an intent to occupy the residential
real property, require, among othe r things, that the
owner, as defined, or the owner 's spouse, domestic
partner, children, grandchildren, parents, or
grandpare nts occupy the residential real property for a minimum of 12 contin uous months as the person's
primary residence, as provided.
Requires a local agency to ministerially consider,
without discretionary review or a hearing, a parcel
map or a tentative and final map for a housing
development project that meets specified
Item #2
Sunset date:
January 1, 2030
Effective date:
April 1, 2024
13
processes:
developm ent
projects of 10 or
fewer residential
units on urban lots
under 5 acres
Chapter 783,
Statutes of 2023
SB 712 (Portantino)
Tenancy: personal
micromobility
devices
Chapter 630,
Statutes of 2023
SB 713 (Padilla)
Planning and
zoning: density
bonuses:
development
standard
Chapter 784,
Statutes of 2023
SB 747 (Caballero)
Land use: surplus
land
Chapter 786,
Statutes of 2023
Bill Number
(Author) Bill Title
AB 96 (Kalra) Public
employment: local
public transit
agencies:
autonomous
transit vehicle
techno logy
Nov. 14,2023
requirements. In this regard, the bill would require the proposed subdivision to result in 10 or fewer parcels
and the housing development project to, among other
things, consist of 10 or fewer residential units, meet
certain minimum parcel size and density requirements,
and be located on a lot zoned for multifamily
residentia l development that is no larger than 5 acres and is substantially surround ed by qualified urban
uses.
Prohibits a landlord from prohibi t ing a tenant from
owning personal micromobility devices or from storing
and recharging up to one personal micromobility
device in their dwelling unit for each person occupying the unit, subject to certain condit ions and exceptions.
Specifies that "development standard" for these
purpose of the Density Bonus Law includes these
standards adopted by the local government or enacted
by the local government's electorate exercising its local initiative or referendum power, whether that power is
derived from the Californi a Constitution, statute, or
the charter or ordinances of the local government.
Defines the term "dispose" to mean the sale of t he
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 would provide that "dispose" does
not include entering a lease for surplus land on which
no development or demolition will occu.r, regardless of the term of the lease.
Transportation/Public Works Bills
Brief Description
Requires a public transit employer, at least 10 months
before beginning a procurement process to acquire or
deploy any autonomous transit vehicle technology for
public transit services that would eliminate job
functions or jobs of a workforce, to provide written
notice to the exclusive employee representative of the
workforce affected by the autonomous t ransit vehicle
Item #2
Effective date and
sunset date, if
applicable
14
Chapter 419,
Statutes of 2023
AB 250 (Rodriguez)
State highways:
State Route 83:
reduction
Chapter 516,
Statutes of 2023
AB 251 (Ward)
California
Transportation
Commission:
vehicle weight
safety study
Chapter 320,
Statutes of 2023
AB 334 (Rubio)
Public contracts :
confl icts of intere st
Chapter 263,
Statutes of 2023
AB 338 (Aguiar-
Curry) Fuel
reduction work
Chapter 428,
Statutes of 2023
AB 361 (Ward)
Vehicles:
photographs of
bicycle lane
parking violations
Chapter 432,
Statutes of 2023
AB 410 (Jones-
Sawyer) Shared
mobility devices
Nov. 14,2023
technology of its determination to begin that
procurement process.
Authorizes the California Transportation Commission
to relinquish to the City of Chino all or a portion of
State Route 83 within the city's jurisdiction and
prescribe conditions that apply upon relinquishment.
Requires the California Transportat ion Commission to
convene a task force to study the relation ship between vehicle weight and injuries to vulnerable road users,
such as pedestrians and cyclists, and degradation to
roads, and to study the costs and benefits of imposing
a passenger vehicle weight fee to include
consideration of vehicle weight.
Establishes that an independent contractor, who
meets specified requirements, is not an officer for
purposes of being subject to the prohibition on being
financially interested in a contract.
Requires fuel reduction work, done under contract and
paid for in whole or in part out of public funds, as
specified, to meet several standards, including that all workers performing work within an apprenticeable
occupation in the building and construction trades be
paid at least the general prevailing rate of per diem
wages.
Authorizes a local agency, as defined, to install
automated forward facing parking contro l devices on
city-owned or district-owned parking enfor cement
vehicles for the purpose of taking photographs of
parking violations occurring in bicycle lanes.
Adds to tactile sign requirements that the raised
characters be at minimum 1/2 inch high and in a color
that contra sts with the signage background, and would
delete the requirement that the sign contain the email
address of the service provider.
Item #2
Sunset date:
January 1, 2027
Effective date:
July 1, 2026
Sunset date:
January 1, 2030
15
Chapter 36,
Statutes of 2023
AB 427 (Alvarez)
Otay Mesa East
Toll Facility Act:
alternative project
delivery method
Chapter 163,
Statutes of 2023
AB 534 (McCarty)
Local agencies:
airports: customer
facility charges
Chapter 657,
Statutes of 2023
AB 752 (Rubio)
State highways:
worker safety
Chapter 813,
Statutes of 2023
AB 893 (Papan)
Personal vehicle
sharing programs
Chapter 547,
Statutes of 2023
AB 965 (Carrillo,
Juan) Local
government:
broadband permit
applications
Chapter 553,
Statutes of 2023
AB 971 (Lee)
Vehicles: transit-
only traffic lanes
Chapter 672,
Statutes of 2023
Nov. 14,2023
Provides that the San Diego Association of
Governments is no longer required to use the design-
bid-build delivery method for construction of a project if specified conditions for utilizing an alternative
delivery method are not met.
Removes the requirement for airports to initiate the
process of obtaining authority to require or increase an alternative customer facility charge by January 1st
2025.
Specifies that the Department of Transportation is only required to compensate for an optional safety device
requested for use on a public works project of the
department.
Prohibits a personal vehicle sharing program from
allowing a vehicle to be placed on a digital network or software application of the personal vehicle sharing
program for the purpose of making the vehicle
available for rental through the personal vehicle
sharing program unless certain conditions are satisfied, including specified certifications regarding tax-related matters pertaining to the motor vehicle.
Requires a local agency to undertake batch broadband
permit processing, as defined, upon receiving two or
more broadband permit applications for substantially
similar broadband project sites submitted at the same
time by the same applicant, within a presumptively
reasonable time, as defined.
Defines transit-only traffic lanes as any designated
transit-only lane on which use is restricted to mass
transit vehicles, or other designated vehicles including taxis and vanpools, during posted times.
Item #2
Effective date:
July 1, 2024
16
AB 1121 (Haney)
Public works:
inelig ibility list
Chapter 465,
Statutes of 2023
AB 1320 (Hoover)
California Manual
on Uniform Traffic
Control Devices:
supplemental
destinat ion signs:
museums
Chapter 127,
Statutes of 2023
AB 1735 (Low)
Transit districts:
prohibition orders
Chapter 69,
Statutes of 2023
SB 381 (Min)
Electri c bicycles:
study
Chapter 869,
Statutes of 2023
SB 434 (Min)
Transit operators:
street harassment
survey
Chapter 396,
Statutes of 2023
SB 538 (Portantino)
Department of
Transportation :
Chief Advisor on
Bicycling and
Active
Transportation
Nov. 14,2023
Requires awarding authorities to annually submit to
the Department of Industrial Relations' electronic
project registrati on data base a list of ineligible
contractors, as specified, pursuant to local debarment
or suspension processes.
Amends the California Manual on Uniform Traffic
Control Devices to allow supplementa l destination
signs for publicly owned and private nonprofit
museums t hat have minimum annual attendance of
50,000 people and that are within 5 miles from t he
highway.
Provides that the Santa Clara Valley Transportatio n
Author ity is a transit district.
Requires th e Mineta Transportat ion Institute at San
Jose State University, in consultatio n with relevant
stakeho lders, to, on or before January 1, 2026, conduct a study on electric bicycles to inform efforts to
impr ove the safety of users of the transportation
system, and to submit a report of the findings from th e study to the Legislature .
Requires a transit operator, as defined, to collect and publish specified survey data for the purpose of
informing efforts to improve the safety of riders and
reduce street harassment on publ ic transit on or
before December 31, 2024, to the extent feasible with
the funding it receives to conduct these activities from the Departme nt of Transportation under a fund ing
agreement with a transit operator to collect and
publish that survey data, as provided.
Requires the director of the Department of
Transportation to appoint a Chief Advisor on Bicycling
and Active Transportation, to serve as the
department' s primary advisor on all issues related to
bicycle transpo rtation, safety, and infrastructure , as specified.
Item #2
Sunset date:
January 1, 2030
17
Chapter 617,
Statutes of 2023
SB 677
{Blakespear)
Intercity rail:
LOSSAN Rail
Corridor
Chapter 407,
Statutes of 2023
SB 695 {Gonzalez)
Department of
Transportation:
internet website:
state highway
system data and
information
Chapter 629,
Statutes of 2023
SB 706 (Caballero)
Public contracts:
progressive design-
build: local
agencies
Chapter 500,
Statutes of 2023
SB 757 {Archuleta)
Railroads: contract
crew
transportation
vehicles
Chapter 411,
Statutes of 2023
Nov. 14,2023
Requires the LOSSAN Rail Corridor Agency, as part of
the annual business plan submitted to the secretary, to include a description of the effects of climate change
on the LOSSAN corridor, to identify projects planned to increase climate resiliency on the corrid or, and to
discuss possible funding options for those identified
projects, as specified.
Requires the Department of Transportation to annually
prepare and make available on its internet website
information and data about projects on the state
highway system from the prior fiscal year, as specified, and to present this information and data to the
California Transportation Commission at a regularly
scheduled commission meeting on or before April 1 of
each year.
Requires a local agency that uses the progressive
design-build process to submit, no later than January
1, 2028, to the approp riate policy and fiscal
committees of the Legislature a report on the use of
the progressive design-build process containing
specified information, including a description of the
projects awarded using the progressive design-bui ld
process.
Defines the term "contract crew transportation
vehicle" as a motor vehicle primarily used by third
parties under contract with a railroad corporation to
transport railroad crews, as specified.
Item #2
Effective date:
January 1, 2026
Sunset of some
provisions:
January 1, 2030
18
October 30, 2023
To: Jason Haber, Intergovernme ntal Affairs Director
Allegra Frost, Assistant City Attorney
City of Carlsbad
From: Sharon Gonsalves
Director of Government Affa irs
Renne Public Policy Group
Attachment B
RE: Proposition 1: Behavioral Health Infrastructure Bond Act of 20241 - March 5, 2024 Statewide Ballot
Summary: This measure is a policy effort to address "behaviora l health," a term defined to mean homeless, youth and other individuals suffering from either "me ntal health" or "substance use" disorders, by building more housing and treatment facilities through bond funds, and offer ing compre hensive treatment options by revising the priorities for, and allocation of, $3 billion ii in annual funding counties receive for mental health services under the Mental Health Services Act. The language is derived from two separate bills signed by the Governor:
• AB 531 (Irwin), a $6.380 billion Behavioral Health Infrastructure Bond [Chapter 789, 2023 Statutes].
• SB 326 (Eggman),m a measure revising the Mental Health Services Act (MHSA)iv [Chapter 790, 2023 Statutes].
Bond Proceeds: $6.380 billion in general obligation bonds are proposed to be allocated as follows :
• $2.893 billion to the State Department of Health Care Services (DHCS) for grants. These funds would be allocated under the existing Behavioral Health Continuum Infrastructure Program," with a priority treat persons with behavioral health disorders in the least restrictive and costly sett ingvi, and used to:
o Construct, acquire, and rehabilitate real estate assets.vii o Invest in needed mobile crisis infra structure to expand the community contin uum of behavioral health treatment resources.
o Build new capacity or expand existing capacity for short -term crisis stabilization, acute and subacute care, crisis residential , community-based mental health residential, substance use disorder residential, peer respite, mobile crisis, community and outpatient behavioral health services, and other longer term treatment and rehabilitation options.
• $1.987 billion to the Department of Housing and Community Development (HCD) to issue loans or grants under the existing Multifamily Housing Program to eligible sponsorsviii to assist homeless veterans and other homeless individual s, as follows:
o $1.065 billion to acquire capital assets for the conversion, rehabilitation or new construction of permanent supportive housing, including scattered site projects, for Nov. 14,2023 Item #2
1
veterans;' and others who are experiencing homelessness or are at risk of homelessness and meet the criter ia of the target population.'
o $922 million to acquire capital assets for the conversion, rehabilitation or new construction of permanent support ive housing, including scattered site projects, for persons who are homeless, chronically homeless, or at risk of homelessness'; and are living with a behavioral health challenge•ii.
• $1.500 billion to be awarded to cities, counties, city and counties, and tribal entities for grants, grant implementation and oversight for the purposes specified (above) in the DHCS' Behavioral Health Continuum Infrastructure Program. A minimum of $30 million is required to be awarded to tribal entities . Existing applicants for this program (WIC. Sec. 5960.15) are required to meet stringent matching requirements, including all of the following condit ions:
o Provide matching funds or real property.
o Expend funds to supplement (not supplant) to construct, acquire and rehabilitate real estate assets.
o Report data quarterly to DHCS for five years.
o Operate the financed facility for a minimum of 30 years. "By Right" Development of Bond Funded Projects:
• HCD Funded Projects: Requires any housing development project funded, in who le or in part, via grants issued by the Department of Housing and Community Development (HCD) that are located in a zone where multifamily';;; residential use, office, retail or parking are a principally permitted use shall be deemed a use "by right," thus exempting it from local discretionary land use approvals and enviro nmental reviews. The site and project must meet the following requirements:
a. 75 percent of the site must border existing urban uses. b. It must meet the requirements related to wetlands, high fire hazard severity zones, conservation easements and other lands specified in subparagraphs (B) throu gh (K) of paragraph (6) of subdivision (a) of Sec. 65913.4 of the Government Code. (This cross-reference does not pick up, and thus, appears to exclude, the Coastal Zone.) c. It must not be bordered by sites where more than 1/3 of the square footage is dedicated to industrial use.
d. No housing may be acquired by eminent domain.
e. Projects must meet objective zoning, subdivision and design review standards, and a streamlined ministerial review process which mirror the process applicable to AB 2011 (Wicks), Ch. 647 of 2022).
2) DHCS and City/County Funded Projects: Requires projects funded by the State Department of Health Care Services (DHCS), including those funded by grants to cities, counties, and citie s and counties shall be "by right" and satisfy the ministerial review "process and filing" requirement s that HCD-funded projects must comp ly with, but makes the following locational exceptions:
Nov. 14, 2023
a. Requires a project that is a "behavioral health treatment and residential setting" •iv to be in a zone where residentialxv, office, retail or parking are a principally permitted use.
b. Requires project s (not otherwise covered by the exception for "behaviora l health treatment and residential setting exception described above in (a), or considered Item #2
2
affordable housing), to be located in a zone where office, retail or parking are a principally permitted use.
3) Labor Requirements: Requires all workers on any housing development or behavioral treatment or residential facility project funded, in whole or in part by the bond, to be paid prevailing wages. Requires projects over SO unit s to meet additional labor skilled and trained conditions.xvi
Revisions to the Mental Health Services Act:
1) Expands Scope: Expands the scope of the Act from "mental health," to "behavioral health," which is defined to mean treatment persons with either mental health or a "substance use disorder."xvii Revises terminology thro ughout th e Act to replace references to "Mental Health" with "Behavioral Health."
2) Revises Funding Allocation: Substantially revises funding allocat ion of the Act. Under existing law, funds are allocated to counti es, as follows:
i. Early Intervention: 20 percent to preventive and early intervention treatment program s to address mental illness.
ii. Services to Children and Adults: 80 percent for mental health services to children and adults, of wh ich five percent may be used for innovative programs. Housing assistance is also an authorized service for adults, but not for those (including homeless) wit h a substance use disorder unless they are also diagnosed with a mental disorder .Xviii
As revised, t he fund ing wou ld be allocated to count ies as follows :
Housing Intervention s: 30 percent (approximately $1 billion statew ide annually) for housing interventions program . Counties are required to adopt housing intervention program. xi•At least½ of the se funds must be spent on the chronically homeless, with a focus on those living in encampme nts, and no more than 25 percent on capital projects.
Counties, however, are not required to use housing intervention funds for tho se with substance use disorders. Affordable housing capital projects funded under this program are required to be approved "by right" provided th ey meet specific location and other requirements applicable to HCD' bond-funded projects, including labor provisions.xx Individual counties are authorized to request exemptions from {DHCS) from these funding levels and requirements, based on various factors associated with the local homeless population. Small counties (less than 200k population) may make these request beginning with their required three-year integrated plan in FY 2026-29. Larger counties cannot request exemptions until their FY 2032-35 three-year integrated plans. • Full Service Partnerships: 35 percent (approximately $1.05 billi on statew ide annually) Nov. 14,2023
for "full -service partnership programs," providi ng a broad spectrum of mental health services, supportive services, and substance use disorder treatment services. Individual counties are authorized to request exemptions from (DHCS) from these requirements , based on various factors including county population and client counts, beginning with their FY 2032-35 three-year integrated plans. Any housing interventions for clients under this program must be paid for from the housing interv ention {30 percent) set-aside.
Item #2
3
• Early Intervention, Workforce Training and Outreach: 35 percent (approximately $1.05 billion statewide annually) for the Behavioral Health services and supports for children and adults. At least 51 percent of these funds shall be used for early intervention programs, of which over half shall be directed at serving those age 25 or younger. Other eligible expenditure s include for outrea ch and engagement, workforce education and training, capital facilities and technological needs, and innovative behavioral health pilot s and project s.
Counties are provided some latitude to transfer up to 14 percent of funds received between the above allocations, with DHSC approval, provided that no single allocation is reduced by more than seven percent.
3) Reduces Reserve Requirements: Reduces from 33 to 20 percent the reserves counties are permitted to retain, to adjust for volatility of the Act's revenues (over rolling five-year period s). Small counties, under 200k population , however, may retain 25 percent. A stakeholder working group is established with authority to make recommendat ions by June 30, 2025 to the Legislature and Governor to alter these percentages. 4) Requires Counties to Adopt Integrated Behavioral Health Plans: Requires counties to adopt, and update every three-years, commencing with FY 2026, an Integrated Plan for Behavioral Health Services and Outcomes. These plans are required to be extremely detailed, developed with input from a wide range of local stakeholders , and demonstrate how counties propose to use funds provided by the Act, and leverage and coordinate the use of Medi-Cal, commercial health plans and other funds, for behavioral health services, including early intervention, the needs of adults, children and the chronically homeless. Counties (except for those with less than 200k population) are required to consult with the five most populous cities in their jurisdiction, managed care plans, and continuums of care related to housing intervention s funded by the Act.
Comments:
1) Policy Objectives: Findings accompanying this measure declare its purposes include moderni zing the Mental Health Services Act (MHSA) to focus funds where they are most needed, by expanding treatment to include those with substance use disorder s, and prioritizing care for those with serious mental illness, including those experiencing unshelt ered homele ss.
Specific additional findings:
a. Describe how the limited availability of community -based care facilitie s and residential setting s to support rehabilitation and recovery contributes to the growing crisis of homelessness and incarceration among those living with a serious mental illness and a substance abuse disorder.
b. State that California has a shortage of over 2,700 subacute and nearly 3,000 community residential beds. In addition s, finding s provide that over 10,000 veterans were homeless in 2020, and veterans have higher rates of suicide, substance abuse and menta l illness. c. Declare that funding from the bond and the MHSA reforms is intended to build over 10,000 new treatment beds and supportive housing, assisting over 100,000 people annually.
2) Mental Illness & Substance Use Disorders Among Homelessness: A major focus of both the bond proceeds and the revised funding allocations in the MHSA are aimed at increasing the Nov. 14, 2023 Item #2
4
available services and facilities to help homeless individuals get off the streets . The rational e for the expanded focus on "behavioral health," to cover individual s a substance use disorder, is that it wou ld allow a broader spectrum of individu als to be assisted, including homeless individuals.
Legislative findings in SB 326, however, indicate that ment al illness remains the dominant conditi on among the hom eless population, statin g:
"UC research data reveals the following about homeless individua ls:
i. 82 percent have experienced a serious mental health condition ii. 27 percent have been hospitalized for a mental health condition. iii. 65 percent report regularly used illicit drugs at some point in their lives. " Thus, expanding the focus of the MHSA to address substance use disorders will fill some gaps in assisting the subset of homeless individuals who have not been diagnosed with mental illness. 3) Geographic Allocation of Bond-Funded Grants: Local agencies interested in applying for grants from the $6.380 billion in bond funds should be aware of the different applicable criteria:
o HCD Allocated Funds: The $1.987 billion allocated to HCD to develop housing t o assist homeless veterans and other homeless individu als, will be allocated through its existing Multifamily Housing Program. Under the existing Multifamily Housing Program, geographic allocation is requir ed to be no less than:
• 45 percent for projects in Southern Californi a.
• 30 percent for projects in North ern California.
• 20 percent for projects in rural areas.
o DHCS Allocated Funds & Local Grants: Unlike HCD's program, there appears to be no clear geographic/regional allocation goals attac hed to the $2.893 billion for grants allocated to DHCS, or the $1.5 billion for grants available to local agencies. These grants are requir ed to be allocated through the crite ria in the existing DHCS' Behavioral Health Continuum Infrastru cture Program. In addition to this program's stringent matching requirements, xxi existing statute provides DHCS with complete allocation flexibilit y statin g: " ... the department shall determine the methodology and distribution of the grant funds appropriated for the program pursuant to Section 5960.05 to those entities it deems qualified. " xxiixx;;;
4) Potential Impact on Mental Health Funding: The Mental Health Services Act, in 2004, provided a new, annual fundin g stream to support a wide range of county mental health programs, now yielding approxi mately $3 billion per year. By expanding the use of these funds to also address substance use disorders, a condition described in Legislative findings as existing in one in ten adultsxxiv, and repurposing some ofthe fundin g, could mean diminished mental health resources. This concern was reflected in opposition and concerns arguments in the final SB 326 Senate Floor Analysis.xxv Counties, however, are also required to aggressively pursue reimbursement from insurance compan ies, MediCal and other funding sources, which - if effective - could offset some impacts of broadening the MHSA to address substance use disorders.
5) "By Right" Approvals: Siting new resident ial and other treatment faciliti es for homeless individuals and others suffering from the most acute mental illness and substance abuse conditi ons may raise concerns with surround ing residents and property owners. This bill attempts to avoid- potentially uncomfortab le commu nity discussions-by having any capital facility or affordable housing funded under this measure to be approved "by right " without local public hearings or environmental reviews. While treatment providers desire to skip public reviews is understandable, by its very nature "by right" does not offer consultation or other Nov. 14, 2023 Item #2
5
opportunities for local communities to have at least some voice in siting options . For example, this proposal provide s no recognition for the extensive planning that local agencies have put into their state-cert ifi ed housing elements, nor does it encourage providers to work with local agencies to site these faciliti es in locations that make the most sense for a community. Siting these facilities "by right " does not eliminate community concerns or controversy and could undermine local resident's trust in their local and state officia ls. 6) Engagement by Cities in Development of County Plans: If Proposition 1 is approved by voters, policy discussions will quicky center on the contents of the Integrated Plan for Behavioral Health Services and Outcomes that each county is required to prepare. During the development of these plans, counties (with more than 200k population) are required to consult with a wide range of stakeholders including the five most populous cities in the county. While the language in the measure does not require the expenditures of bond funded projects to reflect priorities in county developed plans, these plans could influence which projects are funded by the bond.
Counties must also prepare homeless housing intervention programs. Cities within each county are recommended to work together to advance their common interests, concerns and priorities. 7) Assessing Potential Impacts: California voters witnessing homeless suffering from mental illness and substance abuse on a daily basis, are likely to ask: "will this make a significant difference ?" The answer is "likely more around the edges." Some positives to point to are:
a. More available treatment beds and facilities statewide certain ly won't hurt. Besides the $6.380 billion in bond funds, another $1 billion annually will be directed to housing interventions annually based on changes to the Mental Health Services Act. b. Homeless with substance use disorders will be eligible for more assistance than before. c. All individual s (youth and adults) with substance use disorders, not just the homeless, can benefit by expanding the use of funding from the Mental Health Services Act to benefit "behavioral health," which may keep some from becoming homeless. d. Counties will be required to adopt housing intervention and behavioral health integrated plans, aimed at improving coordination of programs and resources to better assist those suffering from mental illness and substance use disorder s. Better planning and coordination can improve treatment and help existing resources go further.
Some realities, however, include:
a. $6 billion in one-time bonds, and $1billion for housing interventions annually, is not much when allocated statewide.
b. Homeless individual s may not accept treatment and assistance, even when available.
c. "By right" approval of treatment and residential facilities will be of concern to those closest to the location.
d. Expanding use of the Mental Health Services Act funds to also address "substance use" disorders may dimmish resources that would otherwise be available for mental health.
1 Proposit ion 1 was placed on the ballot by AB 531 (Irwin), w hich contains the bond's prov isions, and includes multiple (67) sections from SB 326 (Eggman) which makes exte nsive revisions to the existing Mental Health Services Act.
Nov. 14,2023 Item #2
6
11 This funding stream, which relies on a one percent income tax surcharge on tax fliers with over $1 million, can vary from year to year, but continues to Increase over time .
111 SB 326 contains 2S2 pages of proposed changes to t he Mental Health Services Act, with the vast majority of these contingent on voter approval of Proposition 1. Sixty-seven differen t sections of amended law from SB 326 are Included in the text of Proposition 1, because changes to the Mental Health Services Act must be approved by voters . '' The Menta l Health Services Act (MHSA) was originally approved by the voters as Prop. 63 of 2004, and currently generates approximately $3 billion annually distributed to counties to support various mental health programs. Its funding is derived from a one percent income tax surcharge on taxpayers earning more than $1 million.
'This program was authorized by the Legislature in 2021. DHCS reports that the program was awarded $2.2 billion, and has proposed to award these funds through six rounds of grant funding. https://www .infrastruc ture.buildlngcalhhs.com/ v1v1,1 Treating individuals with serious mental health or substance use issues is a challenging endeavor. Doing so in the "least restrictive and costly setting" is understandable from a treatmen t perspective, but it should also be recognized that such facilities will likely have spillover issues on adjoining properties and neighbor hoods where they are located. When the placement of such facilities is "by right," local agencies will have little input on locational options, other than by getting involved in the developme nt of county plans. ' 11 (1) It appears that "real estate assets" funded by the Dept. of Health Care Services may include facilities located in single-family zones. AB 531, WIC Sec. 5960.31 (a)(l) reads: "The project is a behavioral health treatment and residential setting, including, but not limited ta, children's residential crisis programs, peer respite, children's and adult substance use disorder residential programs, recovery housing, short-term residential therapeutic program, and social rehabilitation program, and shall be located in a zone where residential, office, retail, ar parking are a principally permitted use."
Facilities other than those listed above, and affordable housing funded pursuant to SB 326 revisions to the Mental Health Services Act, shall be located in a zone where "office, retail or parking are a principolly permitted use." See 59603.1 (a)(2). "" "Sponsors" is defied via cross reference to HSC Sec. 50669, which includes local public entities, as follows: "Sponsor" means any individual, joint venture, partnership, limited partnership, trust, corporation, cooperative, local public enti ty, duly constituted governing body of an Indian reservation or rancheria, or other legal enti ty, or any combination thereof, certified by the department as qualified to own, manage, and rehabilitate a rental housing development. A sponsor may be organized for profit or limited profit or be nonprofit." '' The veteran must have served in the active military, naval or air service, and not had a dishonorable discharge. ' The bond, defines "ta rget population" via cross reference to include individuals with a diagnosed or suspected mental illness or a "substance use disorder."
d As defined by CFR, Title 24,578.3.
' 11 The bond defines "behaviora l health challenge" as including a serious mental illness or a substance use disorder. dIT This definit ion excludes single-family zones.
"'' Defines these as "including, but not limited to, recovery housing, short-term residential therapeutic program, social rehabilitat ion program, children and adult substance use disorder residential programs, childre n's residential crisis programs and peer respite. "'Since this language only says "residential," it would apply with in single-family zones. "' The cross reference to labor standards in AB 2011, picks up Sections 65912.130, which requires the payment of prevailing wages, and 65912.131, w hich requires the use of a skilled and trained workfo rce on projec ts of more than 50 unit s. "'" "Substance use disorder" means an adult, child, or youth who has at least one diagnosis of a moderate or severe substance use disorder from the mast current version of the Diagnostic and Statis tical Manual of Mental Disorders far Substance-Related and Addictive Disorders, with the exception of tobacco-related disorders and nan-substance-related disorders. "Substance use disorder trea tment services" include harm reduction, treatment, and recovery services, including federal Food and Drug Adminis tration approved medications." " 111 WIC Sec. 5600.3 (b)(3)(A) reads: "(A) The person has a mental disorder as identified in the mast recent edition of the Diagnostic and Statistical Manual of Mental Disorders, other than a substance use disorder or developmental disorder or acquired traumati c brain injury pursuant ta subdivision (a) of Section 4354 unless that person also has a serious mental disorder as defined in paragraph (2)." "'' WIC Sec. 5380.
"See WIC Sec. 5831.
""' WIC Sec. 5960.lS. "An entity shall meet all of the fa/lawing conditions in order ta receive grant funds pursuant ta Section 5960.05, ta the extent applicable and as required by the department:
(a) Provide matching funds ar real property.
(b) Expend funds ta supplement and not supplant existing funds ta construct, acquire, and rehabilitate real estate assets. (c) Report data ta the department within 90 days of the end of each quarter far the first five years. (d} Operate services in the financed facility far the intended purpose far a minimum of 30 years." "'' Existing Section 5960.1 of the Welfare and Institutions Code "'"' RPPG staff a reached out to DHCS for clarity on any guidance on geographic/regional allocation they have adopted or plan to adopt associated with these bond funds. RPPG will provide its clients any additional information received from DHCS to better evaluate potential grant opportunities.
"'N SB 326. Legislative Findings. Sec. 1. (b).
"'' https://leginfo .legislature .ca.gov/faces/billAnalysisClient.xhtml?bill id- 202320240SB326 7 Nov_ 14, 2023 Item #2 Page 42 of 67
Priority Legislation November 7, 2023
{ city of
Carlsbad
Californ i a
Budget
AB 102 (Ting) Budget Act of 2023 . (Chaptered : 7/10/2023) Link Would amend the Budget Act of 2023 by amending, adding, and repealing items of appropriation and making other changes. This bill would declare that it is to take effect immediately as a Budget Bill.
Status: 7 /10/2023-App roved by the Governor. Chaptered by Secretary of State - Chapter 38, Statut es of 2023.
Notes: Contains $600,000 for the Port of San Diego and City of Carlsbad fo r the EV and Portable Solar Powered Charging Stations Cannabis
AB 374 (Haney) Cannabis: retail preparation, sale, and consumption of noncannabis food and beverage products. (Vetoed: 10/8/2023) Link
Current administrat ive law specifies that a licensed retailer or licensed microbusiness authori zed for retai l sales who operates a consumption area on the licensed premises in accordance with this provision may sell prepackaged, noncannabis-infused, nonalcoholic food and beverages if the applicable local jurisdiction allow s. This bill would authorize a local jurisdiction, if specified condit ions are met, to allow for th e preparatio n or sale of noncannabis food or beverage product s, as specified, by a licensed retai ler or microbusiness in the area where t he consumpt ion of cannabis is allowed, to allow for the sale of prepackaged, noncannabis-inf used, nonalcoholic food and beverages by a licensed retailer, and to allow, and to sell tickets for, live musical or other performances on th e premises of a licensed retailer or microbusiness in the area where the consumpt ion of cannabis is allowed. The bill wou ld additionally specify that these provisions do not authorize a licensed retailer or microbu siness to prepare or sell industria l hemp or products containing industrial hemp, as provided.
Status: 10/8/2023 -Vetoed by Governor.
AB 1207 (Irwin) Cannabis: labeling and advertising. (Vetoed: 10/8/2023) Link The Cont rol, Regulate and Tax Adult Use of Marijuana Act (AUMA), an initiative measure approved as Proposition 64 at the November 8, 2016, statewide general electio n, authorizes a person who obtains a state license under AUMA to engage in commercia l adult-use cannabis activity pursuant to th at license and applicable local ordinances. This bill would implement prov isions of AUMA by prohibiting the sale, distribution , or manufacture of cannabis, cannabis products, packaging, or labeling that are attrac tive to children, as defined. The bill wou ld require th e adopt ion of emergency regulations to implement these provision s.
Status: 10/8/20 23-Vetoed by Governor.
Client Position: Support
Nov. 14,2023 Item #2 Page 43 of 67
Notes: 6/13/23: EN tagged as pending support. 6/26/23: EN sent a letter to the City for review. 7 /3/23: SG me too'd in Senate Business. 7 /5/23: EN tagged as support , submitted to Sen Appropriations, emailed delegation and governor's office. 9/19/23: EN emailed request for signature letter to th e governor' s office.
SB 512 (Bradford) Cannabis: taxation: gross receipts. (Amended: 5/3/2023) Link Wou ld, beginning January 1, 2024, exclude from the term s "gross receipts" and "sales price" under the Sales and Use Tax Law the amount of the cannabis excise tax imposed under the Cannabis Tax Law and the amount of any tax imposed by a city or county on the privilege of engaging in commercia l cannabis activity, as specified. The bill wou ld also prohibit a city or county from including in the definiti on of gross receipt s, for purposes of any local tax or fee on a licensed cannabis retailer the amount of any cannabis excise tax imposed under the Cannabis Tax Law or any sales and use taxes. By imposing new requirements on local governments with respect to their taxes and fees, the bill would impose a stat e-mandated local program.
Status: 7 /10/2023-Ju ly 10 set for fi rst hearing. Placed on suspense file. July 10 hearing. Held in comm ittee and under submission.
Economic Development
AB 286 (Wood) Broadband infrastructure : mapping. (Chaptered: 10/10/2023) Link Existing law requir es th e Public Util ities Commission, in collaboration with relevant state agencies and stakeholders, to maintain and update a statewide, publicly accessible, and inter active map showing the accessibility of broadband service in the state .
Existing law authorizes the comm ission to collect information from provider s of broadband services at the address level and prohibits the commission from disclosing certain protect ed residential subscriber information . This bill would require that the map identify, for each address in the state, each provider of broadband services that offers service at the address and the maximum speed of broadband services offer ed by each provider of broadband services at the address. This bill contain s oth er related provisions and other existing laws.
Status: 10/10/2023 -Approved by th e Governor. Chaptered by Secretary of State - Chapter 645, Statutes of 2023.
AB 341 (Ramos) Gambling: local moratorium . (Chaptered: 5/22/2023) Link Current law requires th e Departm ent of Justice to investigate any violations of, and to enforce, the Gambling Control Act. Under the act, a city, county , or city and county may authorize cont rolled gambling consistent with state law. Current law, however, prohibits an ordinance that wou ld result in an expansion of gambling in the city, county, or city and county from being valid unless the amendment is approved by a majori ty of the voters. Current law requires an amendment to a city or county ordinance relating to a gamblin g establishment or the act to be submitted to the departm ent for review and comment before the ordinance is adopte d by the city or county. Prior law, until January 1, 2023, prohibit ed the commission from issuing a gambling license for a gambling establishment that was not licensed to operate on December 31, 1999, except as specified. This bill would reenact that prohibition until January 1, 2043, and would prohibit the commission from issuing a gambling license for a gamblin g establi shment that was not licensed to operate on December 31, 2022, and that is pending before the commission as of January 1, 2024.
Status: 5/22/2023-A pproved by the Governor. Chaptered by Secretary of State - Chapter 8, Statutes of 2023.
AB 400 (Rubio. Blanca) Local agency design-build projects: authorization. (Chaptered : 9/22/2023) Link Current law auth orizes a local agency, as defined, with approval of its governing body, to procure design-build contracts for public works projects in excess of $1,000,000, awarding th e cont ract either to the lowest bid or the best value. "Local agency" is defined, in part, for thi s purpose to include specified local and regional agencies responsible for the constructio n of transit projects, including any joint power s aut hority formed to provide transit service. Current law, among other requirem ents for the design build procurement process, requires specified information subm itted by a design-build entity to be certified under penalt y of perjury. These provisions autho rizing the use of the design-build procurement process are repealed on January 1, 2025 .This bill wou ld delete from the definiti on of "local agency" any joint powers authority form ed to provide transit services, and would Nov. 14, 2023 Item #2 Page 44 of 67
instead expand that definition to include any joint powers authority responsible for the construction of transit projects, thereby authorizing additional joint powers authorities to use the above-described design-build procurement process. The bill would extend the repeal date to January 1, 2031.
Status: 9/22/2023-Approved by the Governor. Chaptered by Secretary of State - Chapter 201, Statutes of 2023.
Elections, Political Reform and Redistricting
AB 764 (Bryan) Local redistricting. (Chaptered: 10/9/2023) Link Existing law requires counties, general law and charter cities, and special districts that elect their governing boards using district based elections to adopt, in a prescribed manner, new district boundaries following each federal decennial census. Existing law also requires county boards of education, and the governing boards of school districts and community college districts in which trustee areas have been established, to adopt new boundaries for their trustee areas following each federal decennial census. This bill would revise and recast these provisions. The bill would require counties, county boards of education, cities, school districts , community college districts, and special districts, if the governing body of these local jurisdictions is elected by districts, to comply with uniform requirements related to redistricting. The bill would require local jurisdictions to adopt district boundaries, using specified criteria, following the decision to establish district-based elections and following each federal decennial census. This bill contains other related provisions and other existing laws.
Status: 10/7 /2023-Approved by the Governor. Chaptered by Secretary of State - Chapter 343, Statutes of 2023.
SB 251 (Newman) Political Reform Act of 1974: elected officers: conflicts of interest. (Amended: 3/8/2023) Link The Political Reform Act of 1974 provides for the comprehensive regulation of conflicts of interest of public officials. The act makes a knowing or willful violation of its provisions a misdemeanor. This bill would prohibit an elected officer from employment by any other elected officer with the same constituency, except if the elected officer first began their employment by the other elected officer with the same constituency on or before December 31, 2023. The bill would not apply to statewide elected officers.
Status: 4/19/2023-April 18 set for first hearing. Failed passage in committee. (Ayes 2. Noes 0.) Reconsideration granted.
Emergency Response and Disaster Preparedness
AB 584 (Hart) California Coastal Act of 1976: coastal development: emergency waiver. (Chaptered: 7/27/2023) Link The California Coastal Act of 1976 requires the issuance of a coastal development permit if the proposed development is in conformity with the certified local coastal program. The act provides for the certification of local coastal programs by the California Coastal Commission. The act authorizes the requirement of having to obtain a permit to be waived when immediate action by a person or public agency performing a public service is required to protect life and public property from imminent danger, or to restore, repair, or maintain public works, utilities, or services destroyed, damaged, or interrupted by natural disaster, serious accident, or in other cases of emergency, as specified. The act provides that this waiver provision does not authorize the permanent erection of structures valued at more than $25,000. This bill would increase the above-described amount to $125,000, adjusted annually for inflation pursuant to the consumer price index.
Status: 7 /27 /2023 -Approved by the Governor. Chaptered by Secretary of State - Chapter 118, Statutes of 2023.
Client Position: Support
Notes: 4/20/2 3: EN tagged as pending support. 4/20/23 SG: Sent draft support letter to the City. 5/8/23 AB: tagged as support and submitted letter of support through the Legislative portal. 5/8/23: EN emailed letter to delegation. 6/1/23: EN submitted letter to Senate NR Committee and emailed delegation. 6/22/23: Bill was on consent in Senate Natural Resources. 7 /26/23: EN emailed reque st for signature letter to Governor's office.
Nov. 14,2023 Item #2 Page 45 of 67
AB 781 (Maienschein) Accessibility to emergency information and services: emergency shelters: persons with pets. (Chaptered: 10/7/2023) Link
The Californi a Emergency Services Act provides that political subdivisions, as defined, have full power during a local emergency to provide mutual aid to any affected area in accordance with local ordinances, resolution s, emergency plans, or agreements.
Current law defines "emergency plan" for these purposes to mean official and approved documents that describe the principles and methods to be applied in carrying out emergency operations or renderin g mutual aid durin g emergencies. Current law requires that a county send a copy of its emergency plan to the Office of Emergency Services upon an update to the plan. Upon the next update to a city or county's emergency plan, this bill would require a county to update its emergency plan to designate emergency shelters able to accommodate persons with pets, and would requir e a city that has previous ly adopted an emergency plan designating emergency shelters to update its emergency plan to designate emergency shelters able to accommodate persons with pets. This bill would require, upon the next update to a city or county's emergency plan, whenever a city or county designates any num ber of emergency shelte rs th at it also designate at least one emergency shelter that can accommodate persons with pets. This bill wou ld also require, upon the next update to a city or county's emergency plan, whenever a city or county designates any number of cooling centers or warming centers, that it also, to the extent practicable, designate at least one cooling center or warming center, as applicable, that can accommodate persons with pets. The bill wou ld require an emergency shelter designated as able to accommodate persons with pets to be in compliance with safety procedures regarding the sheltering of pets referenced or establ ished in the component of th e state and local emergency plan and applicable disaster assistance policies and procedures of the Federal Emergency Management Agency.
Status: 10/7 /2023-A pproved by the Governor. Chaptered by Secretary of State - Chapter 344, Statute s of 2023.
Environment and Climate
AB 30 (Ward) Atmospheric rivers: research: reservoir operations. (Chaptered : 9/1/2023) Link Current law establishes the Atmospheric Rivers: Research, Mitigation , and Climate Forecastin g Program in the Department of Wate r Resources. Current law requires th e department , upon an appropriation for purposes ofth e program, to research climate forecast ing and the causes and impacts that climate change has on atmospheric rivers, to operate reservoirs in a manner that improves flood protection, and to reoperate flood control and water storage facilities to capture water generated by atmospheric rivers. This bill would rename that program th e Atmospheric Rivers Research and Forecast Improvem ent Program: Enabling Climate Adaptation Through Forecast-Informed Reservoir Operations and Hazard Resiliency (AR/ FIRO) Program. The bill would require the departm ent to research, develop, and implement new observations, prediction models, novel forecasting methods, and tailored decision support systems to improve prediction s of atmospheric rivers and their impacts on water supply, floodin g, post-wi ldfir e debris flo ws, and environmental conditi ons.
Status: 9/1/2023 -Approved by the Governor. Chaptered by Secretary of State - Chapter 134, Statutes of 2023.
AB 1567 (Garcia) Safe Drinking Water, Wildfire Prevention. Drought Preparation, Flood Protection, Extreme Heat Mitigation, Clean Energy, and Workforce Development Bond Act of 2024. (Amended: 5/26/2023) Link Would enact the Safe Drinking Water, Wildfire Prevention, Drought Preparation, Flood Protection, Extreme Heat Mitigation, Clean Energy, and Workforce Developme nt Bond Act of 2024, whic h, if approved by the voters, would authori ze the issuance of bonds in the amount of $15,995,000,000 pursuant to the State General Obligation Bond Law to finance projects for safe drinking water, wildfir e prevention, drought preparation, flood protection, extreme heat miti gation, clean energy, and workforce development programs.
Status: 6/14/2023 -Referred to Corns. on N.R. & W. and GOV. & F.
AB 1628 (McKinnor) Microfiber filtration. (Vetoed: 10/8/2023) Link Nov. 14,202 3 Item #2 Page 46 of 67
Would requir e, on and after January 1, 2029, that all new washing machines sold or offered for sale in California for residential or state use contain a microfiber filtration system, as defined, with a mesh size not greater tha n 100 micrometers , and bear a label with a specified consumer notice, as provided. The bill would provide that a vio lation of these provisions is punishable by a specified civil penalty, upon an action brought by the Attorney General, a city attorney, a county counsel, or a district attorney.
Status: 10/8/2023-Vetoed by Governor.
Client Position: Support
Notes : 8/8/23: EN tagged as pending support. 8/15/23: EN sent a draft letter of support to the City for review. 8/28/23: EN followed up with the City on th e draft letter. 9/5/23/: EN tagged as support , submitted to Senate Environmental Quality Committe e, emailed delegation and governor's offic e. 9/18/23: EN emailed request for signature letter to governor's office.
SB 272 (Laird) Sea level rise: planning and adaptation. (Chaptered : 10/7/2023) Link Would requir e a local governme nt, as defined, lying, in whole or in part, within the coastal zone, as defined , or within the jurisdiction of the San Francisco Bay Conservation and Development Commission, as defined, to develop a sea level rise plan as part of either a local coastal program, as define d, that is subject to approval by the California Coastal Commission, or a subregional San Francisco Bay shoreline resiliency plan that is subject to approval by the San Francisco Bay Conservation and Development Commission, as applicable, on or before January 1, 2034, as provided. By imposing additiona l requirements on local govern ment s, the bill would impose a state -mandated local program. The bill would require local governments that receive approval for a sea level rise plan to be prioritized for fundi ng, upon appropriation by the Legislature, for the implementation of sea level rise adaptation strate gies and recommended projects in the local government's approved sea level rise plan. The bill would requir e, on or befor e December 31, 2024, the California Coastal Commission, in close coordination with the Ocean Protect ion Council and the California Sea Level Rise Stat e and Regional Support Collaborative, to establish guidelines for the preparation of the sea level rise plan. The bill would also require, on or before December 31, 2024, the San Francisco Bay Conservation and Developm ent Commission, in close coordination with the California Coastal Commission, the Ocean Protection Council, and the California Sea Level Rise State and Regional Support Collaborative, to establish guidelines for the preparati on of the sea level rise plan. The bill would make the operation of its provisions contingent upon an appropriation for its purposes by the Legislature in the annual Budget Act or another statute . This bill contains other related provisions and other existing laws.
Status: 10/7 /2023 -Approved by the Governor. Chaptered by Secretary of State. Chapter 384, Statut es of 2023.
SB 303 (Allen) Solid waste : Plastic Pollution Prevention and Packaging Producer Responsibility Act. (Vetoed: 10/8/2023) Link The Plastic Pollution Prevention and Packaging Producer Responsibility Act prohibit s a producer from selling, offering for sale, importing, or distributing covered materials in th e state unless the producer is approved to particip ate in the producer responsibility plan of a producer responsibility organization (PRO), as prescribed, for the source reduction, collection, processing, and recycling of covered material, except as provided. The act requir es the departm ent to establi sh a producer responsibilit y advisory board for specified purposes. The act authoriz es an affected entity that asserts that specific actions taken to meet th e requirements of the act are disrupting or otherwise adversely affecting the sustained operation or commercial viability of solid waste collection programs, solid waste recycling facilities, or composting facilit ies providing services in accordance with local solid waste handling requirements, to bring th e concern and evidence supportin g that assertion to the advisory board for discussion and to ask the advisory board to conduct a preliminary evaluation of the information. If the evaluation demonstrate s th at specific actio ns are disruptin g or otherw ise adversely affectin g existi ng operations, the act requires the advisory board to submit the concern to the department for further analysis. The act requires the department to analyze the information provided by the advisory board and authorizes the department to offer a recomme ndation for resolution . This bill wou ld instead autho rize an affecte d entity that asserts that specific actions taken by the PRO, a producer, or an entity under contract with the PRO are not consistent with specified prohibitions and requirements of the act and are disrupting or otherwise adversely affecti ng the sustained operation or commercia l viability of solid waste collection programs, solid waste recycling facilities, or composting Nov. 14, 2023 Item #2 Page 47 of 67
facilities providing services in accordance with local solid waste handling requirements to bring that concern and supportin g evidence to the advisory board. The bill would delete the requirement that the board submit the concern to the department for further analysis and would instead require that the advisory board, rather than the department, offer a recommendation for resolution within 90 days of submission of the request for a preliminary evaluation. The bill would thereafter authorize either party to initiat e nonbinding arbitration, as specified. The bill would specify the dutie s and the authority of the arbitrator, as described, including requiring the arbitrator to transmit the proposed decision to th e department and the advisory board. The bill wou ld require the department to review the arbitrator's proposed decision within 60 days of receipt and to make a specified determination. If the arbitrator proposes a revision to an approved produ cer responsibility plan, the bill would require the department to publicly notice the proposed plan revision on its internet website, as provided.
Status: 10/8/2023-Ve toed by the Governor. In Senate. Consideration of Governor's veto pending.
SB 360 (Blakespear) California Coastal Commission: member voting. (Chaptered: 7/21/2023) Link The Californi a Coastal Act of 1976 establishes the California Coastal Commission and prescribes the membership and duties of the commission. The act provid es that its provisions do not preclude or prevent any member or employee of the commission who is also an employee of another public agency, a county supervisor or city councilperson, or a member of specified associations or organization s, and who has in that designated capacity voted or acted upon a particular matter, from voting or otherwise acting upon that matter as a member or employee of the commission. This bill would apply the latt er provision to a member of a joint powers authority and a membe r of a local agency formation commi ssion.
Status: 7 /21/2023-Approved by the Governor. Chaptered by Secretary of State. Chapter 108, Statutes of 2023.
SB 638 (Eggman) Climate Resiliency and Flood Protection Bond Act of 2024. (Amended: 6/28/2023) Link Would enact the Climate Resiliency and Flood Protection Bond Act of 2024 which, if approved by the voters, would authorize the issuance of bonds in the amount of $6,000,000,000 pursuant to the State General Obligation Bond Law, for flood protection and climate resiliency projects.
Status: 7/6/2023 -July 11 hearing postponed by committee.
SB 867 (Allen) Drought, Flood, and Water Resilience, Wildfire and Forest Resilience, Coastal Resilience, Extreme Heat Mitigation. Biodiversity and Nature-Based Climate Solutions, Climate Smart Agriculture, Park Creation and Outdoor Access. and Clean Energy Bond Act of 2024. (Amended: 6/22/2023) Link Would enact the Drought, Flood, and Water Resilience, Wildfire and Forest Resilience, Coastal Resilience, Ext reme Heat Mitigation, Biodiversity and Nature -Based Climate Solutions, Climate Smart Agriculture, Park Creation and Outdoor Access, and Clean Energy Bond Act of 2024, which, if approved by the voters, would authorize the issuance of bonds in the amount of $15,500,000,000 pursuant to the State General Obligation Bond Law to finance project s for drought, flood, and water resilience, wildfire and forest resilience, coastal resilience, extreme heat mitigation, biodiversity and nature -based climate solution s, climate smart agriculture, park creation and outdoor access, and clean energy programs.
Status: 7/6/2023 -July 10 hearing postponed by committ ee.
Governmental Operations
AB 504 (Reyes) State and local public employees : labor relations : strikes. (Vetoed: 10/8/2023) Link The Meyers-Milias -Brown Act and the Ralph C. Dills Act regulate th e labor relations of employees and employers of local public agencies and the state, respectively. Those acts grant specified employees, including, among others, certai n employees of fire departm ents, of local public agencies and the state the right to form, join , and participate in the activities of employee organizations of their choosing and require public agency employers, among other thin gs, to meet and confer with Nov. 14,2023 Item #2 Page 48 of 67
representatives of recognized employee organizations and exclusive representatives on terms and conditions of emplo yment. The acts grant the Public Employment Relations Board the power to hear specified disputes in relation to these provisions and to make determinations regarding them. This bill would provide, except as specified, that it is not unlawful or a cause for discipline or other adverse action against a public employee for that public employee to refuse to enter property that is th e site of a primary strike, perform work for a public employer involved in a primary strike, or go through or work behind a primary strike line. The bill would prohibit a public employer from directing a public emplo yee to take those actions. The bill wou ld authorize a recognized employee organization to inform employees of these rights and encourage them to exercise th ose rights.
Status: 10/8/2023-Vetoed by Governor.
AB 520 (Santiago) Employment: public entities. (Chaptered: 10/10/2023) Link Current law authorizes the Labor Commissioner to investigate employee complaints and to provide for a hearing in any action to recover wages, penalt ies, and other demands for compensation. Under existing law, any individual or business ent ity that contracts for services in the property services or long-term care industries is jointly and severally liable for any unpaid wages, including interest, where the individual or business entity has been provided notice, by any party, of any proceeding or investigation by the Labor Commissioner in which the employer is found liable for those unpaid wages, to the extent the amounts are for services performed under that contract, as provided, and except as specified. This bill would additionally provide that any public entity, defined as a city, county, city and county, district, public authority, public agency, and any other political subdivision or public corporation in the state, is jointly and severally liable for any unpaid wages, as provided in the above paragraph.
Status: 10/10/2023 -Approved by the Governor. Chaptered by Secretary of State - Chapter 656, Statutes of 2023.
AB 1484 (Zbur) Temporary public employees. (Chaptered : 10/10/2023) Link This bill would impose specified requirements with respect to the temporary employees of a public employer who have been hired to perform the same or similar type of work that is performed by permanent employees represented by a recognized employee organization, subject to limited exceptions. In this regard the bill would require those temporary employees to be automatically included in the same bargaining unit as the permanent employees if the requested classification of temporary employees is not presently within the unit. The bill would further require the public employer to promptly participate in collective bargaining to establish certain employment conditions for the newly added temporary employees if the parties' current memorandum of understanding does not address them, as specified. The bill would also require a public employer to, upon hire, provide each temporary employee with their job description, wage rates, and eligibility for benefits, anticipated length of employment, and procedures to apply for open, permanent positions. By imposing new duties on local agencies that employ temporary employees, the bill wou ld impose a state-mandated local program. The bill wou ld require complaints alleging a violation of its provisions to be processed as unfair practice charges under the act. The bill would additionally include the same findings and declarations as set forth above. This bill contains other related provisions and other existing laws.
Status: 10/10/2023-Approved by the Governor. Chaptered by Secretary of State - Chapter 691, Statutes of 2023.
Client Position: Oppose
Notes: 5/3/23: EN tagged as pending oppose. 5/8/23 AB: tagged as oppose and submitted letter of opposition through the Legislative portal. 5/8/23: EN emailed letter to delegation. 6/23/23: EN submitted to Sen LPER, emailed delegation and governor's office. 7 /12/23: AS me too'd in Senate Labor, Public Employment, and Retirement. 8/14/23: SG me too'd in Senate Appropriations Committee . 9/18/23: EN emailed request for veto letter to the governor's office.
AB 1637 (Irwin) Local government : internet websites and email addresses. (Chaptered: 10/9/2023) Link Would, no later than January 1, 2029, require a local agency, as defined , that maintains an internet website for use by the public to ensure that the internet website utilizes a ".gov" top -level domain or a ".ca.gov" second-level domain and would require a local Nov. 14, 2023 Item #2 Page 49 of 67
agency that maintains an internet website that is noncom pliant with that requirement to redirect that internet website to a domain name that does utilize a ".gov" or ".ca.gov" domain. This bill, no later than January 1, 2029, wou ld also require a local agency that maintains public email addresses to ensure that each email address provided to its employees utilizes a ".gov" domain name or a ".ca.gov" domain name. By adding to the duties of local officials, the bill would impose a state-mandated local program.
Status: 10/8/2023 -Approved by the Governor. Chaptered by Secretary of State - Chapter 586, Statutes of 2023.
AB 1638 (Fong, Mike) Local government: emergency response services: use of languages other than English. (Chaptered: 10/9/2023) Link
Would require , commencing January 1, 2025, in the event of an emergency within the jurisdiction of a local agency, as defined, that provides emergency response services and that serves a population with in which 5% or more of the people speak English less than "very well" according to American Community Survey data and jointly speak a language other than English, that the local agency provide information related to the emergency in English and in all languages spoken jointly by the 5% or more of the population that speaks English less than "very well." The bill would require local agencies to use data by January 1, 2025, as specified, to determine which languages are spoken jointly by 5% or more of the population in its jurisdiction and to reassess that data every 5 years. The bill wou ld impose various requirements on the manner in which information is provided in languages other than English. The bill wou ld also require the Office of Planning and Research to survey a sample of local agencies every 3 years to determine compliance with these requirements and to report its findings to the Legislature. Because the bill would require local agencies to provide a higher level of service, the bill wou ld impose a state-mandated local program .
Status: 10/8/2023-Approved by the Governor. Chaptered by Secretary of State - Chapter 587, Statutes of 2023.
ACA 13 (Ward) Voting thresholds. (Chaptered: 11/2/2023) Link The California Constitution provides that a proposed constitut ional amendment and a statewide initiative measure each take effect only if approved by a majority of the votes cast on the amendment or measure. This measure would further provide that an initiative measure that includes one or more provisions that would amend the Constitution to increase the voter approval requirement to adopt any state or local measure would be approved by the voters only if the proportion of votes cast in favor of the initiative measure is equal to or greater than the highest vote r approval requirement that the initiative measure wou ld impose. The measure would specify that this voter approval requirement would apply to statewide initiative measures that appear on the ballot on or after January 1, 2024.
Status: 11/2/202 3-Chaptered by Secretary of State- Chapter 176, Statutes of 2023 SB 428 (Blakespear) Temporary restraining orders and protective orders: employee harassment. (Chaptered: 9/30/2023) Link Current law author izes any empl oyer, whose employee has suffered unlawful violence or a credible threat of violence from any individual that can reasonably be construed to be carried out or to have been carried out at the workplace, to seek a temporary restraining order and an injunction on behalf of the employee and other employees of the employer. Current law requires an employer seeking a temporary restraining order to show reasonable proof that an employee has suffered unlawful violence or a credible threat of violence and that a great or irrep arable harm would result to an employee if the order is not issued. Current law prohibits issuing such an order to the extent that the order wou ld prohibit constitutionally protected speech, specified activities related to dispute resolution between employers and employee organizations, or other law. This bill would additionally authorize any employer whose employee has suffered harassment, as defined, to seek a temporary restraining order and an injun ction on behalf of the employee and other employees upon a showing of clear and convincing evidence that an employee has suffered harassment, that great or irreparable harm would result to an employee, and that the respondent 's course of conduct served no legitimate purpose.
Status: 9/30/2023-Approved by the Governor. Chaptered by Secretary of State. Chapter 286, Statutes of 2023.
Nov. 14,2023 Item #2 Page 50 of 67
Client Position: Sponsor
Notes: 3/10/23: Amy submitt ed letter to portal. 3/10/23: EN emailed delegation. 4/17 /23: EN submitted letter to Sen Approps. 4/24/23: SG testified in support in Senate Appropriations Committee 4/27 /23: EN submitt ed a coalition letter. 4/28/23: EN submitted an updated coalition lett er. 6/20/23: EN submitt ed letter to Asm Jud, emailed city, delegation, and governor' s office. 6/27 /23: Bill was on consent in Asm Jud. 9/18/23: EN emailed the City a draft request for signatur e letter. 9/20/23: EN emailed request for signature coalition letter to Kalyn Dean, Faith Borges, Jean Hurst, Sarah Dukett, and Johnnie Pina. 9/20/23: EN emailed request for signature coalition letter to governor's office. 9/2 0/23: EN received request for signatur e letter from Jason and emailed Governo r's office and Jessica Devencenzi.
SB 654 (Jones) Local agencies: public property: airport leases. (Chaptered: 9/1/2023) Link Current law authorizes a local agency to lease or sublease property owned, leased, or otherwise controlled by it for a period not to exceed 50 years for airport purposes or purposes incidenta l to aircraft. This bill would authorize a local agency and the leaseholder, with respect to a lease or sublease entered into pursuant to the above-described authority, to amend the lease or sublease to extend the duration of the lease or sublease, to terminat e the lease or sublease and enter into a new lease or sublease, or to transfer an existing lease or sublease, as specified.
Status: 9/1/2023 -Approved by the Governor. Chaptered by Secretary of State. Chapter 155, Statute s of 2023.
Notes: 4/12/23 SG: Carlsbad Jet Center is in support
SB 799 (Portantinol Unemployment insurance: trade disputes: eligibility for benefits. (Vetoed: 9/30/2023) Link Current law provides for the payment of unemp loyment compensation benefits and extended benefits to eligible individuals who meet specified requirements. Under current law, unemployment benefits are paid from the Unemployment Fund, which is continuou sly approp riated for these purposes. Current law makes an employee ineligible for benefits if the employee left work because of a trade dispute and specifies that the employee remains ineligible for the duration of the trade dispute. Current case law holds that employees who left work due to a lockout by the employer, even if it was in anticipation of a trade dispute, are eligible for benefits . This bill would restore eligibility after the first 2 weeks for an employee who left work because of a trad e dispute. The bill would codify specified case law that holds that employees who left work due to a lockout by the employer, even if it was in anticipation of a trade dispute, are eligible for benefits . The bill would specify that the bill's provisions do not diminish eligibility for benefits of individual s deprived of work due to an employer lockout or similar action, as specified .
Status: 9/30/2023-Vetoed by the Governor . In Senate. Consideration of Governor's veto pending.
SB 825 (Limon) Local government : public broadband services. (Chaptered : 9/8/2023) Link Would add metropolitan planning organizations and regional tran sportation planning authorities to that list of local government agencies included in the definition of "local agency."
Status: 9/8/2023-Approved by the Governor. Chaptered by Secretary of State . Chapter 186, Statutes of 2023.
Health and Human Services
SB 43 (Eggmanl Behavioral health. (Chaptered : 10/10/2023) Link The Lanterman- Petri s-Short Act provides for the involunt ary commitment and tre atment of a person who is a danger to themse lves or others or who is gravely disabled. Current law, for purposes of involunt ary commitm ent, defines "gravely disabled" as either a condition in which a person, as a result of a mental health disorder, is unable to provid e for their basic personal needs for food, clothing, or shelter or has been found mentally incompetent, as specified . This bill expands the definition of "gravely disabled" to also include a conditi on in which a person, as a result of a severe substance use disorder, or a co-occurring menta l Nov. 14,2023 Item #2 Page 51 of 67
health disorder and a severe substance use disorder, is, in addit ion to the basic personal needs described above, unable to provide for their personal safety or necessary medical care, as defined.
Status: 10/10/2023-Approved by the Governor. Chaptered by Secretary of State. Chapter 637, Statutes of 2023.
Client Position: Support
Notes: 3/14/23 SG: Subcommittee approved support position 3/29/23 SG: Testified in support in Senate Health Committee 4/7 /23 AB: Submitted letter of support to the Judiciary Committee and the Author through the Legislative portal. 4/7 /23: EN emailed letter to delegation . 5/8/23: AS testified in support in Senate Appropriations. 6/9/23: EN submitted to Asm Health, emailed delegation and governor's office . 6/27 /23: SG me too'd in Asm Health. 7 /3/23: EN submitted to Asm Judiciary, emailed delegation and governor's office. 7 /11/23: AS me too'd in Asm Judiciary. 9/19/23: EN emailed request for signature letter to the governor's office.
SB 326 (Eggmanl The Behavioral Health Services Act. (Chaptered: 10/12/2023) Link Would, If approved by the voters at the March 5, 2024, statewide primary election, recast the Mental Health Services Act (MHSA) by, among other things, renaming it the Behavioral Health Services Act (BHSA), expanding it to include treatment of substance use disorders, changing the county planning process, and expanding services for which counties and the state can use funds . The bill wou ld revise the distribution of MHSA moneys, including allocating up to $36,000,000 to the department for behavioral health workforce funding. The bill would authorize the department to require a county to implement specific evidence-based practices.
This bill wou ld require a county, for behavioral health services eligible for reimbursement pursuant to the federal Social Security Act, to submit the claims for reimbursement to the State Department of Health Care Services (the department) under specific circumstance s. The bill would require countie s to pursue reimbursement through various channels and would authorize the counties to report issues with managed care plans and insurers to the Department of Managed Health Care or the Department of Insurance.
Status: 10/12/2023 -Approved by the Governor. Chaptered by Secretary of State. Chapter 790, Statutes of 2023.
Client Position: Support
Notes: 7/19/23: EN tagged as pending support and emailed Jason a draft letter. 8/11/23 : EN tagged as support, submitted to Assembly Health Committee, emailed delegation and Governor's office. 8/22/23: SG me too'd in Assembly Health Committee. 8/24/23: EN submitted to Assembly Housing and Community Development Committee, emailed delegation and Governor's office. 8/28/23: SG me too'd in Assembly Housing Committee. 9/13/23: SG me too'd in Senate Health Committee. 9/19/23: EN emailed request for signature letter to the governor's office.
SB 363 (Eggmanl Facilities for inpatient and residential menta l health and substance use disorder: database. (Amended: 5/18/2023) Link
Would require , by January 1, 2026, the State Department of Health Care Services, in consultat ion with the State Department of Public Health and the State Department of Social Services, and by conferring with specified stakeholders, to develop a real-time , internet-based database to collect, aggregate, and display information about beds in specified type s of facilities, such as chemical dependency recovery hospitals, acute psychiatric hospitals, and mental health rehabilitation centers, among others , to identify the availability of inpatient and residential mental health or substance use disorder treatment. The bill would require the database to include a minimum of specific information, including the contact information for a facility's designated employee , the types of diagnoses or treatments for which the bed is appropriate, and the target populations served at the facility, and have the capacity to, among other things, enable searches to identify beds that are appropriate for individuals in need of inpatient or residential mental health or substance use disorder treatment.
Status: 9/1/2023-September 1 hearing: Held in committee and under submission.
Nov. 14, 2023 Item #2 Page 52 of 67
Client Position: Support
Notes: 3/14/23 SG: Subcommittee approved support position 3/22/23 SG: Testified in support in Senate Health Committee 4/7 /23 AB: Submitted letter of support to the Judiciary Committee and the Author. 4/7 /23: EN emailed letter to delegation . 4/11/23 SG:
Testified in support in Senate Judiciary Committee 4/24/23 SG: Testified in support in Senate Approps 6/6/23: EN submitted to Asm Health and emailed City, delegation , and governor's office. 6/13/23: AS testified in Asm Health.
Homelessness
AB 1215 (Carrillo, Wendy) Pets Assistance With Support Grant Program: homeless shelters: domestic violence shelters: pets. (Vetoed: 10/7/2023) Link
Would require the Department of Housing and Community Development, upon appropriat ion by the Legislature, to develop and administer the Pets Assistance With Support Grant Program (PAWS), to award grants to qualified homeless shelters and qualified domestic violence shelters, as defined . The bill would require grant recipients to meet certain availability and service requirements as they relate to the pets of people experiencing homelessness and people escaping domestic violence. The bill would authorize the department to use up to 7% of the funds appropriated in the annual Budget Act for those purposes for its costs in administering the program.
Status: 10/7 /2023-Vetoed by Governor.
AB 1285 (Wicks) Homeless Housing. Assistance, and Prevention program and Encampment Resolution Funding program. (Chaptered: 10/10/2023) Link
The Homeless Housing, Assistance, and Prevention program is administered by the California lnteragency Council on Homelessness to provide grant funds to cities, continuums of care, and tribes in 5 rounds to support regional coordination and expand or develop local capacity to address homelessness challenges informed by a best-practices framework focused on moving homele ss individuals and families into permanent housing and supporting the effort of those individuals and familie s to maintain their permanent housing. Current law requires, to be eligible for a round 5 base program allocation, a jurisdiction that is not a tribe to apply as part of a region and to be signatory to a regionally coordinated homelessness action plan that has been approved by the council. Current law requir es the regionally coordinated homelessness action plan to include, among other things, an explanation of how each participating jurisdiction is utili zing local, state, and federal funding programs to end homele ssness.
Current law establishes the Encampment Resolution Funding program, administered by the California lnteragency Council on Homelessness, to increase collaboration between the council, local juri sdictions, and continuums of care for specified purposes.
Existing law requires the council to award moneys pursuant to the program as competitive grants, as specified, to be used to suppo rt encampment resolution and rehousing efforts for local jurisdictions. Current law requires the council to prioritize funding applicants that demonstrate a commitment to cross-systems collaboration and innovativ e efforts to resolve encampment issues or have 50 or more individuals living in the encampment. This bill would require the above-described regionally coordinated homelessness action plan to additionally include evidence and an explanation by a continuum of care that shares geographic boundaries with a city, county, or city and county that is using state funding allocated pursuant to the Homeless Housing, Assistance, and Prevention program or is receiving state funding pursuant to the Encampment Resolution Funding program to provide services or housing for place-based encampment resolution, of collaboration with the city, county, or city and county that addresses how peop le served through encampment resolution have or will be included in prioritization for perm anent housing within coordinated entry systems.
Status: 10/10/2023-Approved by the Governor. Chaptered by Secretary of State - Chapter 727, Statutes of 2023.
Housing and Land Use
AB 72 (Boerner) Coastal resources: research: landslides and erosion: early warning system. (Chaptered: 7/21/2023) Link Nov. 14,2023 Item #2 Page 53 of 67
Current law requires the Scripps Institution of Oceanography at the University of California, San Diego, upon appropriation by the Legislature, to conduct research on coastal cliff landslides and erosion in the County of San Diego, to be comp leted by January 1, 2025. Current law requires the institution to conduct real-time measurements of land deformation to identify and analyze conditions that precede catastrophic bluff failure on 2 specified sites as a condition of receiving funds. Current law requires the institut ion to provide a report to the Legislature with recommendations for developing a coastal cliff landslide and erosion early warning system based on available research no later than March 15, 2025. This bill would require those real-time measurements, and identification and analysis of those conditions, for a 3rd specified site as a condition of receiving that funding, and would postpone the deadline for the research to be completed to January 1, 2026.
Status: 7 /21/2023 -Approved by the Governor. Chaptered by Secretary of State - Chapter 80, Statutes of 2023.
AB 434 (Grayson) Housing element: notice of violation. (Chaptered: 10/11/2023) Link Current law requires each county and city to adopt a comprehe nsive, long-term general plan for the physical development of the county or city, and specified land outside its boundaries, that includes, among other mandatory elements, a housing element.
Upon adoption of a housing element or amendment to an adopted housing element, current law requires the planning agency to submit a copy to the Department of Housing and Community Development, as provided, and requires the department to evaluate the adopted housing element or amendment and report its findings to the planning agency within 90 days. This bill would, instead, require the department to review an adopted housing element or amendment and report its findings to the local planning agency within 60 days.
Status: 10/11/2023 -Approved by the Governor. Chaptered by Secretary of State - Chapter 740, Statutes of 2023.
AB 480 (Ting) Surplus land. (Chaptered: 10/11/2023) Link Current law prescribes requirements for the disposal of surplus land by a local agency, as defined, and requires, except as prov ided, 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, particularly that the local agency send a notice of availability to specified entities that have notified the Department of Housing and Community Development of their interest in surplus land, as specified . Under current law, if t he local agency receives a notice of interest, the local agency is required to engage in good faith negotiations with the entity desiring to purchase or lease the surplus land. This bill would define 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 would provide 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.
Status: 10/11/2023-Approved by the Governor. Chaptered by Secretary of State - Chapter 788, Statutes of 2023.
AB 531 (Irwin) The Behavioral Health Infrastructure Bond Act of 2023. (Chaptered: 10/12/2023) Link Would provide that projects funded by the Behavioral Health Infrastructure Bond Act of 2024 that provide housing for individuals and families who are experiencing homelessness or who are at risk of homelessness and who are inherent ly impacted by or at increased risk for medical diseases or conditions due to the COVID-19 pandemic or other communicable diseases and are disbursed in accordance with the Multifamily Housing Program, or projects that are disbursed in accordance with the Behavioral Health Continuum Infrastructure Program, are a use by right and subject to the streamlined, ministerial review process. The bill would define use by right for these purposes to mean that the local government's review of the project does not require a conditional use permit , planned unit development permit , or other discretionary local government review or approval that would constitute a project subject to the approval process in CEQA.
Status: 10/12/2023 -Approved by the Governor. Chaptered by Secretary of State - Chapter 789, Statutes of 2023.
Client Position: Support
Nov. 14,2023 Item #2 Page 54 of 67
Notes: 7 /19/23: EN tagged as pending suppo rt and emailed Jason a draft letter. 8/11/23: EN tagged as support, submitted to Senate Appropriations, emailed delegation and Governor's office. 9/19/23 : EN emailed request for signature letter to the governor' s office .
AB 894 (Friedman) Parking requirements: shared parking. (Chaptered : 10/11/2023) Link The Planning and Zoning Law requires each county and city to adopt a comprehensive, long-term general plan for its physical development, and the development of certain lands outside its boundaries, that includes, among other mandatory elements, a housing element. Current law also authorizes the legislative body of a city or a county to adopt ordinances establishing requirements for parking. When an entity receiving parking is not using that parking to meet public automobile parking requirements, this bill would require a local agency, as defined, to allow entities with underutilized parking to share their underutilized parking with th e public, local agencies, or other entities, if those entities submit a shared parking agreement, as defined, to the local agency, and information identifying the benefits of the propo sed shared parking agreement. The bill would require a local agency to allow parking spaces identified in a shared parking agreement to count toward meeting automobile parking requirements for a new or existing development or use, including, but not limited to, shared parking in underutilized spaces and in parking lots and garages that will be constructed as part of the development or developments when specified condition s regarding the distance between the entities that will share the parking are met. The bill would require a local agency to approve the shared parking agreement if it includes, among other things, a parking analysis using peer-reviewed methodologies developed by a professional planning association, as specified. The bill would require a local agency to decide whether to approve or deny the shared parking agreement and determine how many parking spaces can be reasonably shared between uses to fulfill parking requirements if the shared parking agreement does not include this parking analysis. If the local agency is required to decide whether to approve or deny an agreement for specified developments under these provisions, the bill would require the local agency to notify all property owners within 300 feet of the shared parking spaces of the proposed agreement and to hold a public meeting if it receives a request to do so within 14 days of notifying property owners, as provided. The bill would specify that these notificat ion and public meeting requirements would not apply to local agencies that enact an ordinance that provides for shared parking agreements, including ordinances enacted before January 1, 2024.
Status: 10/11/2023-Approved by the Governor. Chaptered by Secretary of State - Chapter 749, Statutes of 2023.
AB 976 (Ting) Accessory dwelling units: owner-occupancy requirements. (Chaptered: 10/11/2023) Link Current law requires a local ordinance to require an accessory dwelling unit to be either attached to, or located within, the proposed or existing primary dwelling , as specified, or detached from the proposed or existing primary dwelling and located on the same lot as the proposed or existing primary dwelling. Current law authorizes a local agency to require an accessory dwelling unit to be used for rentals of terms longer than 30 days. This bill, instead, would authorize a local agency to require terms that are 30 days or longer.
Status: 10/11 /2023-App roved by the Governor. Chaptered by Secretary of State - Chapter 751, Statutes of 2023.
AB 1218 (Lowenthal) Development projects: demolition of residential dwelling units. (Chaptered: 10/11/2023) Link The Housing Crisis Act of 2019 prohibits an affected city or an affected county, as defined , from approving a housing development project that will require the demolition of one or more residential dwelling units, unless the project creates at least as many residential dwelling unit s as will be demoli shed. The act also prohibits an affected city or affected county from approving any housing development project that will require the demolition of occupied or vacant protected unit s, unless specified conditions are met. In this regard, the act requires a project that will require the demolition of occupied or vacant protect ed units to, among othe r things, (1) replace all existing prote cted units and protected units demoli shed on or after January 1, 2020, (2) include a minimum amount of residential unit s, (3) allow existing occupants to occupy their units until 6 month s befo re the start of constr uction activitie s, and (4) provide relocation benefits to the existing occupants of any protected units that are lower income households. This bill would expand the demolition of residential dwelling units prohibitions to prohibit an affected city or affected Nov. 14,2023 Item #2 Page 55 of 67
county from approving any development project that will require the demolition of occupied or vacant protected unit s, or that is located on a site where protected units were demolished in the previous 5 years, unless the conditions described above are met, except as provided.
Status: 10/11/2023-Approved by the Governor. Chaptered by Secretary of State - Chapter 754, Statutes of 2023.
AB 1287 (Alvarez} Density Bonus Law: maximum allowable residential density : additional density bonus and incentives or concessions. (Chaptered: 10/11/2023) Link
Current l aw defines the term "density bonus" for specified purposes to mean a density increase over the otherwise maximum allowab le gross residential density as of the date of the application, as described. Current law defines the term "maximum allowab le residential density" for these purposes to mean the maximum number of units allowed under the zoning ordinance, specific plan, or land use element of the general plan, or, if a range of density is permitted, the maximum number of units allowed by the specific zoning range, specific plan, or land use element of the general plan applicable to the project. Current law provides under that definition that if the density allowed under the zoning ordinance is inconsistent with the density allowed under the land use element of the general plan or specific plan, th e greater density prevails. This bill would instead define "maximum allowab le residential density" to mean the greatest number of units allowe d under the zoning ordinance, specific plan, or land use element of the general plan, or, if a range of density is permitted, the greatest number of units allowed by the specific zoning range, specific plan, or land use element of the general plan applicable to the project. The bill would also remove from that definition the provision stat ing that the greater density prevails if the density allowed under the zoning ordinance is inconsistent wit h the density allowe d under the land use element of the general plan or specific plan. This bill would require a city, county, or city and county to grant an additional density bonus, calculated as specified, when {1) an applicant proposes to constr uct a housing development that confo rms to specified requirements, (2) the applicant agrees to include additional rental or for-sale units affordable to very low income households or moderate-income households, as specified, and (3) the housing development conforms to specified requirements and provides 24% of the tota l unit s to lower income households, conforms to specified requirements and provides 15% of the total units to very low income households, or confo rms to specified requirements and provides 44% of the total units to moderate -income units. The bill would require a city, county, or city and county to grant four incentives or concessions for a project that includes at least 16% of the units for very low income households or at least 45% for persons and families of moderate income in a development in which the units are for sale. The bill would increase the incentives or concessions for a project in wh ich 100% of all units are for lower income households, as specified, from 4 to 5.
I
Status: 10/11/2023-Approved by the Governor. Chaptered by Secretary of State - Chapter 755, Statutes of 2023.
AB 1332 (Carrillo, Juan} Accessory dwelling units: preapproved plans. (Chaptered : 10/11/2023) Link The Planning and Zoning Law author izes a local agency, by ord inance or ministerial approval, to provide for th e creat ion of accessory dwelling units in areas zoned for residential use, as specified. Current law authorizes a local agency to impose standards on accessory dwelling units that include, but are not limited to, parking, height, setback, landscape, architectural review, and maximum size of a unit . This bill wou ld require each local agency, by January 1, 2025, to develop a program for the preapproval of accessory dwelling unit plans, whereby the local agency accepts accessory dwelling unit plan submissions for preapproval and approves or denies the preapproval applications, as specified. The bill wou ld authorize a local agency to charge a fee to an applicant for the preapproval of an accessory dwelling unit plan, as specified. The bill would r"equire the local agency to post preapproved accessory dwelling unit plans and the contact information of the applicant on the local agency's internet website .
The bill would require a local agency to either approve or deny an application for a permit for a proposed accessory dwelling unit withi n 30 days that utilizes either an accessory dwelling unit plan preapproved within the current triennial Californ ia Building Standards Code rulemaking cycle or a plan that is identical to a plan used in an application for a detached accessory dwellin g unit approved by the local agency within the current triennial California Building Standards Code rulemaking cycle.
Status: 10/11/2023-Approved by the Governor. Chaptered by Secretary of State - Chapter 759, Statutes of 2023.
Nov. 14,2023 Item #2 Page 56 of 67
AB 1490 (Lee) Affordable housing development projects: adaptive reuse. (Chaptered: 10/11/2023) Link Under this bill, a housing development that is, among other requirements, an extremely affordab le adaptive reuse project on an infill parcel that is not located on or adjoined to a site where more than 1/3 of the square footage on the site is dedicated to industrial use, as specified, would be an allowab le use. The bill wou ld authorize a local agency to impose objective design review standards, except as specified. The bill would authorize a local agency to deny the project if it is proposed to be located on a site or adjoined to any site where any of the square footage on the site is dedicated to industrial use and the local agency makes written findings that approving the development would have an adverse effect on public health and safety. The bill would provide that for purposes of the Housing Accountability Act, a proposed housing development project is consistent, compliant, and in conformity with an applicable plan, program, policy, ordinance, standard, requirement, or other similar provision if the housing development project is consistent with the standards specified in these provisions. The bill would require a local agency to determine whether the proposed development meets those standards within specified timeframes. The bill would define an "extremely affordab le adaptive reuse project" for these purposes to mean a multifamily housing development project that involves retrofitting and repurposing of a residential or commercial building that currently allows temporary dwelling or occupancy, and that meets specified affordability requirements, including that 100% of the units be dedicated to lower income households, 50% of which shall be dedicated to very low income households, as specified. Because the bill would require local officia ls to provide a higher level of service, the bill would impose a state-mandated local program. This bill contain s other related provisions and other existing laws.
Status: 10/11/2023-Approved by the Governor. Chaptered by Secretary of State - Chapter 764, Statutes of 2023.
AB 1505 (Rodriguez) Seismic retrofitting: soft story multifamily housing. (Amended: 7/3/2023) Link Current law establishe s the Seismic Retrofitting Program for Soft Story Multifamily Housing for the purposes of providing financial assistance to owners of soft story multifamily housing for seismic retrofitting to protect individuals living in multifamily housing that have been determined to be at risk of collapse in earthquakes, as specified. Current law also establishes the Seismic Retrofitting Program for Soft Story Multifamily Housing Fund, and its subsidiary account, the Seismic Retrofitting Account, within the State Treasury. Current law provides that the Legislature will appropriate $250,000,000 from the General Fund in the 2023-24 Budget Act to the Seismic Retrofitting Program for Soft Story Multifamily Housing Fund for the purposes of carrying out the program. Current law requires the CRMP to develop and administer the program, as specified. Existing law makes these provisions inoperative on July 1, 2042, and repeals them as of January 1, 2043. Current federal law, the Robert T. Stafford Disaster Relief and Emergency Assistance Act, establishes various grant opportunities, including the Hazard Mitigation Grant Program and Building Resilient Infrastructure and Communities grant program, to support hazard mitigation projects. This bill wou ld remove the requirement for the Legislature to appropriate $250,000,000 from the General Fund in the 2023-24 Budget Act to the Seismic Retrofitting Program for Soft Story Multifamily Housing Fund. The bill would authorize the Office of Emergency Services to dedicate federal Hazard Mitigation Grant Program and Building Resilient Infrastructure and Communities application funding to specified projects to augment and support the Seismic Retrofitt ing Program for Soft Story Multifamily Housing.
Status: 9/14/ 2023-Ordered to inactive file at th e request of Senator McGuire.
AB 1657 (Wicks) The Affordable Housing Bond Act of 2024. (Amended: 4/17/2023) Link Would enact the Affordable Housing Bond Act of 2024, which, if adopted, would authorize the issuance of bonds in the amount of $10,000,000,000 pursuant to the State General Obligation Bond Law. Proceeds from the sale of these bonds would be used to finance programs to fund affordab le rental housing and homeowner ship programs, including, among others, the Multifamily Housing Program, the Cal Home Program, and the Joe Serna, Jr. Farmworker Housing Grant Program.
Status: 9/1/2023 -ln committee: Held under submission.
SB 4 (Wiener) Planning and zoning: housing development: higher education institutions and religious institutions. (Chaptered: 10/11/2023) Link
Nov. 14, 2023 Item #2 Page 57 of 67
Current law, the Zenovich-Moscone-Chacon Housing and Home Finance Act, establishes the California Tax Credit Allocat ion Committee within the Department of Housing and Community Development. Current law requires the committee to allocate state low -income housing tax credits in conformity with state and federal law that establishes a maximum rent that may be charged to a tenant for a project unit constructed using low -income housing tax credits. The bill wou ld define various terms for these purposes. Among other things, the bill would require that 100% of the units, exclusive of manager units, in a housing development project eligible for approval as a use by right under these provisions be affordable to lower income households, except that 20% ofthe unit s may be for moderate -income households, and 5% of the units may be for staff ofthe independent institution of higher education or the religious instituti on that owns the land, provided that the units affordable to lower income households are offe red at affordable rent, as set in an amount consistent with the rent limit s established by the Califo rnia Tax Credit Allocation Committee, or affordab le housing cost, as specified. The bill wou ld authorize the development to include ancillary uses on the ground floor of the development, as specified.
Status: 10/11/2023 -Approved by the Governor. Chaptered by Secretary of State. Chapter 771, Statutes of 2023.
SB 294 (Wiener) Artificial intelligence: regulation. (Amended: 9/13/2023) Link Would express the intent of the Legislature to enact legislation related to artificial intelligence that would relate to, among other things, establi shing standards and requirements for the safe development, secure deployment, and responsible scaling of frontier Al models in the California market by, among other things, establishing a framework of disclosure requirements for Al models, as specified.
Status: 9/14/2023-Withdrawn from committee. Re-referred to Com. on RLS.
SB 423 (Wiener) Land use: streamlined housing approvals: multifamily housing developments. (Chaptered : 10/11/2023) Link Would authorize 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, streamli ned review for development in compliance with the specified-described requirements on property owned by or leased to the state. The bill would extend the operation of the streamlined, ministerial approva l process to January 1, 2036. The bill wou ld provide that the streamlined, ministerial approval process does not apply to applicat ions for developments proposed on qualified sites, defined as a site that is located within an equine or equestrian district and meets certain other requirements, that are submitted on or after January 1, 2024, but before July 1, 2025. This bill would mod ify the specified-described objective planning standards, including by revising the standard that prohibits a multifamily housing development from being subject to the streamlined, ministerial approval process if t he development is located in a coastal zone to apply only if the development located in the coastal zone meets any one of specified conditions. The bill would require that a developme nt located in a coastal zone that satisfies the specified conditions obtain a coastal development permit.
The bill would require a local government to approve a coastal development permit if it determines that the development is consistent with all objective standards of the local government 's certified local coastal program, as specified. The bill would provide that the changes made by this act would apply in a coastal zone on or after January 1, 2025 This bill wou ld modify the objective planning standard that prohibits a development subject to the streamlined, ministeria l approval process from being located in a high fire severity zone by deleting the prohibition for a development to be located within a high or very high fire hazard severity zone as indicated on maps adopted by the Department of Forestry and Fire Protection , and would instead prohibit a development from being located with the state responsibility area, as defined, unless the site has adopted specified standards.
The bill would also remove an exception for sites excluded from specified hazard zones by a local agency, as specified.
Status: 10/11/2023-Approved by the Governor. Chaptered by Secretary of State. Chapter 778, Statutes of 2023.
Client Position: Oppose
Notes: 5/3/23: EN tagged as pending oppose and sent a draft letter to Jason and Allegra. 5/8/23 AB: tagged as opposed and submitted letter of opposition through the Legislative portal. 5/8/23: EN emailed letter to delegation. 5/15/23: SG test ified in Senate Appropriation s. 6/9/23: EN submitted to Asm HCD, emailed delegation and governor's office. 6/21/23: EN submitted an Nov. 14, 2023 Item #2 Page 58 of 67
updated lett er to Asm HCD. 6/28/23: EN me too'd in opposition in Asm HCD. 7 /3/23: EN submitt ed to Asm NR, emailed delegation and governor's office . 7 /10/23: EN me too'd in Asm NR. 9/13/23: EN emailed governor's office a request for veto lett er.
SB 555 (Wahab) Stable Affordable Housing Act of 2023. (Chaptered: 10/7/2023) Link Current law establishes various programs providing assistance for, among other thin gs, emergency housing, mult ifamily housing, farmworker housing, homeownership for very low and low-inc ome households, and down payment assistance for first-t ime home buyers. Current law requires the departme nt to, on or before December 31 of each year, submit an annual report to the Governor and both houses of the Legislature on the operations and accomplishments during the previous fiscal year of the housing programs administered by the departme nt, as prescribed. This bill, the Stable Affordable Housing Act of 2023, would require the department, no later than December 31, 2026, to complete a California Social Housing Study consisting of a comprehensive analysis of th e opportunities, resources, obstacles, and recommendation s for the creation of housing that is affor dable, as defined, and social housing, as defined, at scale, to assist in meeting the need identifi ed in the statewi de proj ections for below market rate housing afford able to households with extremely low, very low, low, and moderate incomes in th e 6th Regional Housing Needs Assessment cycle.
Status: 10/7 /2023-Ap proved by the Governor . Chaptered by Secretary of State . Chapter 402, Statut es of 2023.
SB 747 (Caballero) Land use: surplus land. (Chaptered: 10/11/2023) Link Current law prescribes requirements for the disposal of surplus land by a local agency. Current law defines term s for these purposes. Existing law defines "surplus land" to generally mean land owne d in fee simple by a local agency for which the local agency's govern ing body takes formal action in a public meeting declaring that the land is surplus and not necessary for the agency's use. Current law define s "agency's use" to include land that is being used, is planned to be used pursuant to a written plan adopted by the local agency's governing board, or is disposed of to support agency wo rk or operations. Current law excludes from "agency's use" commercial or industrial uses or activities, or property disposed of for the sole purpo se of investment or generation of revenue, unless the local agency is a district, except as specified, and the agency's governing body takes specified actio ns in a public meeting . Current law excludes from these requirements the disposal of exempt surplus land by an agency of the state or any local government . Current law requires a local agency to declare land as either surplus land or exempt surplus land, as support ed by written findings, before a local agency may take any action to dispose of it. Under existing law, exempt surplus land includes, among other types of land, property that is used by a district for an "agency's use" as expressly authorized, land for specified developments, including a mixed-use development, if put out to open, competitive bid by a local agency, as specified, and surplus land that is subject to specified valid legal restrictions. This bill wou ld define the term "dispose" for these purposes 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.
Status: 10/11/2023 -Approved by the Governor. Chaptered by Secretary of State . Chapter 786, Statutes of 2023.
Client Position: Neut ral
Notes: 4/11/23 SG: Carlsbad Legislativ e Subcommitt ee adopt support position 4/12/23 SG/EN: Testified in support in Senate Governance and Finance 4/13/23: EN sent draft letter to Jason and Allegra for review. 4/24/23: SG testified in support in Senate Housing Committee 5/3/23: EN uploaded to Sen Appropriations and emailed delegation. 5/15/23: SG testified in Senate Appropr iations. 6/2 1/23: EN submitt ed letter to Asm LG, emailed governor's office and delegation . 6/28/23: RPPG testified in support in Asm LG. 7 /5/23: EN submitted to Asm Housing, emailed governor's office and delegation . 7 /12/23: SG me too'd in Asm Housing. 9/12/23: EN tagged as pending neutral and sent a draft letter to the City for review. 9/19/23 : EN tagged as neutral.
SB 834 (Portantino) Housing: California Family Home Construction and Homeownership Bond Act of 2023. (Amended : 5/2/2023) Link
Nov. 14, 2023 Item #2 Page 59 of 67
Would enact the California Family Home Construction and Homeownership Bond Act of 2023 (bond act), which, if adopted, would authorize the issuance of bonds in the amount of $25,000,000,000 pursuant to the State General Obligation Bond Law to finance the Californ ia Family Home Construction and Homeownership Program, established as part of the bond act. The bill would authorize the California Housing Finance Agency to award California Socially Responsible Second Mortgage Loans to eligible applicants to use as a down payment or to pay closing costs on the purchase of a new home. The bill would also authorize the agency to award Family Homeownership Opportunity Infrastructure Improvement Loans to developers to be used for predevelopment infrastructure improvements and other upfront costs typically incurred in connection with new home construct ion, under specified condition s. The bill would require that moneys received from a loan recipient for the repayment of financing provided under the program be used to pay debt service when due on bonds issued pursuant to the bond act. The bill would also authorize the agency to issue revenue bonds for the purposes of financing the program, as specified.
Status: 7 /12/2023-Ju ly 12 set for first hearing canceled at the request of author.
Open Meetings and Transparency
AB 557 (Hart) Open meetings : local agencies: teleconferences. (Chaptered: 10/9/2023) Link The Ralph M. Brown Act allows for meetings to occur via teleconferencing subject to certain requirements, particularly that the legislative body notice each teleconference location of each member that will be participating in the public meeting, that each teleconference location be accessible to the public, that members of the public be allowed to address the legislative body at each teleconference location, that the legislative body post an agenda at each teleconference location , and that at least a quorum of the legislative body participate from location s within the boundaries of the local agency's jurisdiction. The act provides an exemption to the jurisdictional requirement for health authorities, as defined. Current law, until January 1, 2024, authorizes the legislative body of a local agency to use teleconferencing without complying with those specified teleconferencing requirements in specified circumstances when a declared state of emergency is in effect . Those circumstances are that (1) state or local officials have imposed or recommended measures to promote social distancing, (2) the legislative body is meeting for the purpose of determ ining whether, as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees, or (3) the legislative body has previously made that determination. If there is a continuing state of emergency, or if state or local officials have imposed or recommended measures to promote social distancing, existing law requires a legislative body to make specified findings not later than 30 days after the first teleconferenced meeting, and to make those findings every 30 days thereafter, in order to continue to meet under these abbreviated teleconf erencing procedures. This bill wou ld revise the author ity of a legislative body to hold a teleconference meeting under those abbreviated teleconferencing procedures when a declared state of emergency is in effect.
Status: 10/8/2023 -Approved by the Governor. Chaptered by Secretary of State - Chapter 534, Statutes of 2023.
Client Position: Support
Notes: 4/7/2023 AB: Submitted letter of Support to the ASM. Local Government Committee and added position. 6/1/23: EN submitted l etter to Senate Gov Fi Committee, emailed City and delegation. 6/7/23: EN me too'd in Sen GF. 6/8/23: EN submitted letter to Sen Jud, emailed delegation and governor's office. 6/21/23: EN resubmitted to Sen Jud. 6/27 /23: AS testified in support in Senate Judiciary. 9/13/23: EN emailed request for signature letter to governor's office.
SB 537 (Becker) Open meetings : multijurisdictional. cross-county agencies: teleconferences. (Amended: 9/5/2023) Link Current law, until January 1, 2024, authorizes the legislative body of a local agency to use alternate teleconferencing provisions during a proclaimed state of emergency or in other situation s related to public health that exempt a legislative body from the general requirements (emergency provisions) and impose different requirements for notice, agenda, and public participation, as prescribed . The emergency provisions specify that they do not require a legislative body to provide a physical location from which the public may attend or comment. Current law, until January 1, 2026, authorizes the legislative body of a local agency to use alternative teleconferencing in certain circumstances related to the particular member if at least a quorum of its members Nov. 14, 2023 Item #2 Page 60 of 67
participate from a singular physical location that is open to the public and situated within the agency's jurisdiction and other requirements are met, including restriction s on remote participation by a member of the legislative body. These circumstances include if a member shows "just cause," including for a childcare or caregiving need of a relative that requires the member to participate remotely. This bill wou ld expand the circumstances of "just cause" to apply to the situation in which an immunocompromised child, parent, grandparent, or other specified relative requires the member to participate remotely. The bill would authorize the legislative body of a mult ijuri sdictional, cross-county agency, as specified, to use alternate teleconferencing provisions if the eligible legislative body has adopted an authoriz ing resolution , as specified. The bill would also require the legislative body to provide a record of attendance of the members of the legislative body, the number of community members in attendance in the teleconference meeting, and the number of public comments on its internet website within 10 days after a teleconference meet ing, as specified. The bill wou ld require at least a quorum of members of the legislative body to participate from one or more physical location s that are open to the public and within the boundaries of the territory over which the local agency exercises jurisdiction .
Status: 9/14/2023-Ordered to inactive file on request of Assembly Member Bryan.
Client Position: Pending Support
Notes: 9/12/23: EN tagged as pending support, City requested a request for signature letter.
Public Safety and EMS
AB 33 (Bains) Fentanyl Misuse and Overdose Prevention Task Force. (Chaptered: 10/13/2023) Link Would, subject to an appropriation, establish the Fentanyl Misuse and Overdose Prevention Task Force to undertake various duties relating to fentany l misuse, including, among others, collecting and organizing data on the nature and extent of fentanyl misuse in California and evaluating approaches to increase public awareness of fentanyl misuse. The bill wou ld require the task force to be cochaired by the Attorney General and the State Public Health Officer, or their designees, and would specify the membership of the task force.
Status: 10/13/2023-Approved by the Governor. Chaptered by Secretary of State - Chapter 887, Statutes of 2023.
Client Position: Support
Notes: 5/24/23: EN tagged as pending support and sent a combined 3-bill letter to the City for review. 6/12/23: EN followed up with the City on the status of the letter . 7 /5/23: EN tagged as support, submitted to Sen Appropriations, emailed delegation and governor's office. 8/14/23: SG me too'd in Senate Appropriations Committee. 9/18/23: EN emailed request for signature letter to governo r's office.
AB 40 (Rodriguez) Emergency medical services. (Chaptered : 10/13/2023) Link The Emergency Medica l Services System and the Prehospital Emergency Medical Care Personnel Act creates the Emergency Medical Services Authority, which is responsible for the coordination of various state activities concerning emergency medical services. Among other duties, existing law requires the authority to develop planning and implementation guidelines for EMS systems, provide technical assistance to current agencies, counties, and cities for the purpose of developing the components of EMS systems, and receive plans for the implementation of EMS and trauma care systems from local EMS agencies. Current law makes a violation of the act or regulations adopted pursuant to the act punishable as a misdemeanor. This bill, on or before December 31, 2024, would require the authority to develop and implem ent an electronic signature for use between the emergency department medical personnel at a receiving hospital and the transporting emergency medical personne l that captures the points in time when the ambulance arrives at the hospital emergency department bay and when transfer of care is executed for documentation of ambu lance patient offload time, as defined. The bill would requir e every local EMS agency, by July 1, 2024, to develop a standard not to exceed 30 minute s, 90% of the time, for ambulance patient offload time and report the Nov. 14,2023 Item #2 Page 61 of 67
standardized time to the authority. The bill would authorize local EMS agencies to engage stakeholders in developing this standard, as specified.
Status: 10/13/2023-Approved by the Governor. Chaptered by Secretary of State - Chapter 793, Statutes of 2023.
Client Position: Support
Notes: 4/20/23: EN tagged as pending support. 4/20/2 3 SG: Draft letter of support sent to City 5/8/23: EN submitted to Asm Approps, emailed delegation , and tagged as support. 6/8/23: EN submitted to Sen Health Committee, emailed delegation and governor' s office. 7 /12/23: SG me too'd in Sen Health Committee. 8/14/23: SG me too'd in Sen Appropriations Committee. 9/12/23: EN emailed request for signature letter to the governor's office.
AB 474 (Rodriguez) State Threat Assessment Center: transnational criminal organizations. (Vetoed: 10/9/2023) Link Existing law, the California Emergency Services Act, creates, within the office of the Governor, the Office of Emergency Services, which is responsible for addressing natural, technological, or human-caused disasters and emergencies, including responsibility for activities necessary to prevent, respond to, recover from, and mitigate the effects of emergencies and disasters to people and property. This bill would find and declare that the State Threat Assessment Center (STAC) serves as California's information sharing clearinghou se of strategic threat analysis and situational awareness reportin g for statewide leadership and the public safety community, as specified, and that the STAC is California's state primary fusion center, as designated by the Governor, and is operated by the Department of the California Highway Patrol, the Office of Emergency Services, and the Department of Justice.
The bill would make other findings and declarations related to drug trafficking and transnational criminal organization s. This bill contain s other related provisions and other existing laws.
Status: 10/8/ 2023-Vetoed by Governor.
Client Position: Support
Notes: 5/24/23: EN tagged as pending support and sent a combined 3-bill letter to the City for review. 6/12/23: EN followed up with the City on the statu s of the letter. 7 /5/23: EN tagged as support, submitted to Sen Governmental Organization, emailed delegation and governor' s office. 7 / 11/23: CS me too 'd in Senate Governmental Organization . 8/14/23: SG me too'd in Senate Appropriation s Committee. 9/18/23: EN emailed request for signature letter to governor's office.
AB 701 (Villapudua) Controlled substances: fentanyl . (Chaptered : 10/9/2023) Link Current law classifies controlled substances into 5 schedules and places the greatest restriction s and penalties on the use of tho se substances placed in Schedule I. Current law classifies the drug fentanyl in Schedule II. Existing law prohibits a person from possessing for sale or purchasing for purposes of sale specified controlled substances, including fentanyl , and provide s for imprisonment in a county jail for 2, 3, or 4 years for a violation of this provision . Current law also imposes an additional term , and authorizes a trial court to impose a specified fine, upon a person who is convicted of a violation of, or of a conspiracy to violate, specified provisions of law with respect to a substance containing heroin, cocaine base, and cocaine, if the substance exceeds a specified weight. This bill would add fentanyl to the substances for which addition al terms or fines can be imposed and would require a defendant who violate s tho se laws with respect to a substance containing heroin , fentanyl , or cocaine, as specified, to know of the substance' s nature or character as a controll ed substance to be subjected to an additional term and authorized fin e.
Status: 10/8/2023 -Approved by the Governor. Chaptered by Secretary of State - Chapter 540, Statutes of 2023.
Client Position: Support
Notes: 5/24/23: EN tagged as pending support and sent a combined 3-bill letter to the City for review. 6/12/23: EN followed up with the City on the statu s of the letter. 7 /5/23: EN tagged as support, submitted to Sen Appropriations, emailed delegation and Nov. 14, 2023 Item #2 Page 62 of 67
governor's office. 8/14/23: SG me too'd in Senate Appropriations Committee. 9/18/23: EN emailed request for signature lett er to governor's office.
AB 825 (Bryan) Vehicles: bicycles on sidewalks. (Vetoed : 10/9/2023) Link Would, until January 1, 2031, and except as specified, prohibit a local author ity from pro hibitin g the operat ion of a bicycle on a sidewalk adjacent to a highway or corridor that does not include a Class I, Class II, or Class IV bikeway, as defined, and would require the Commissioner of the Californi a Highway Patrol to submit a report to th e Legislature regarding the effects of that pro hibition .
Status: 10/8/2023-Vetoed by Governor.
AB 1329 (Maienschein) County jail incarcerated persons: identification card pilot program. (Chaptered: 10/8/2023) Link Current law requires the Depart ment of Correction s and Rehabilitation and the Department of Motor Vehicles (OMV) to ensure that any eligible inmate, as defined, released from state prison has a valid identifi cation card. Current law authorizes the Department of Corrections and Rehabilitation and the OMV to provide a renewed driver's license in lieu of an identifica tion card if the inmate meets specified criteria. Existing law defines "eligible inmate," in part, as a person who has previously held a California driver's license or identification card, who has a usable photo on fil e with the Department of Motor Vehicles, and who meets certain requiremen ts, including that th ey have provided, and the Department of M otor Vehicles has verified, specified infor mation, such as the inm ate's true full name. Current law requires the Department of Corrections and Rehabilitation, to the extent admini stratively feasible and within available resources, to facilitate the process between an eligible inmat e and the agencies holding documentation required for the issuance of an identifi cation card, as specified. This bill would authorize the Sheriff's Departme nt of the County of San Diego and the OMV to impl ement a pilot program based on the above-described prov isions to provide eligible incarcerated persons, as defined, a valid identificat ion card or driv er's license when t hey are released from a County of San Diego detention facility.
Status: 10/8/2023 -Approved by the Governor. Chaptered by Secretary of State - Chapter 472, Statutes of 2023.
SB 2 (Portantino) Firearms. (Chaptered: 9/26/2023) Link Current law prohibits a person from carrying a concealed firearm or carrying a loaded firearm in public. Current law authorize s a licensing authori ty, as specified, if good cause exists for the issuance, and subject to certain other criteria includi ng, among other things, th e applicant is of good moral character and has completed a specified course of training, to issue a license to carry a concealed handgun or to carry a loaded and exposed handgun, as specified. Under curre nt law, th e required course of training for an applicant is no more than 16 hours and covers firearm safety and laws regarding the permissible use of a firearm. This bill wou Id require the licensing author ity to issue or renew a license if the applicant is not a disqualified person for the license and the applicant is at least 21 years of age. The bill would remove the good character and good cause requirements from the issuance criteria. Under the bill, t he applicant would be a disqualified person if they, among other things, are reasonably likely to be a danger to self, othe rs, or the community at large, as specified. This bill would add the requirement that the applicant be the recorded owner , with the Department of Justice, of the pistol, revolver, or other fi rearm capable of being concealed upon the person. This bill would change the training requirement to be no less than 16 hours in length and would add additional subjects to the course including, among other things, the safe storage and legal transportation of firearms. The bill wou ld require an issuing authority, prior to that issuance, renewal, or amendment to a license, if it has direct access to the designated departmen t system to determine if the applicant is t he recorded owner of the pistol, revolver, or other firearm.
Status: 9/26/2023 -Approved by the Governor. Chaptered by Secretary of State. Chapter 249, Statutes of 2023.
SB 19 (Seyarto) Fentanyl Misuse and Overdose Prevention Task Force. (Chaptered: 10/13/2023) Link Nov. 14,2023 Item #2 Page 63 of 67
Wou ld, upon appropriat ion by the Legislature, establish the Fentanyl Misuse and Overdose Prevention Task Force to undertake various dutie s relating to fentanyl misuse including, among others, collecting and organizing data on the nature and extent of fentanyl misuse in California and evaluating approaches to increase public awareness offentanyl misuse. The bill would require the task force to be co-chaired by the Attorney General and the State Public Health Officer or their designees, and would specify the member ship of the task force. The bill would require the first meeting of the task force to take place no later than June 1, 2024, and would require the task force to meet at least once every 2 months. The bill would require the task force to submit an interim report on its findings and recommendations to the Attorney General, the Governor, and the Legislature by July 1, 2025, and submit a final report by December 1, 2025. The bill wou ld repeal these provisions on January 1, 2026.
Status: 10/13 /2023-A pproved by the Governor. Chaptered by Secretary of State. Chapter 857, Statutes of 2023.
Client Position: Support
Notes: 6/13/23: EN tagged as pending support. 6/26/23: EN sent a letter to the City for review. 7 /5/23: EN tagged as support, submitted to Asm Public Safety, emailed delegation and governor's office. 7 /11/23: EN me too'd in Asm PS. 9/19/23: EN emailed request for signature letter to the governor's office.
SB 400 (Wahab) Peace officers: confidentiality of records. (Enrollment: 9/7/2023) Link The California Public Records Act generally requires public records to be open for inspection by the public. Current law provides numerous exceptions to this requirement. Under current law, the personne l records of peace officers and custodial officers are confide ntial and not subject to public inspection. Current law provides certain exemptions to this confidentiality, including the reports, investigations, and findings of certain incidents involving the use of force by a peace officer. This bill would clarify that this confidentiality does not prohibit an agency that formerly employed a peace officer or custodial officer from disclosing the termination for cause of that officer, as specified.
Status: 9/13/2023-Action rescinded whereby bill was read third t ime, passed, and ordered to Senate. Ordered to inactive file on request of Assembly Member Bryan.
Revenue and Taxation
ACA 1 (Aguiar-Curry) Local government financing: affordable housing and public infrastructure: voter approval. (Chaptered: 9/20/2023) Link
The California Constitution prohibits the ad valorem tax rate on real property from exceeding 1% of the full cash value of the property, subject to certain exceptions. This measure would create an additional exception to the 1% limit that would authorize a city, county, city and county, or special district to levy an ad valorem tax to service bonded indebtedness incurred to fund the construction, reconstruction, rehabilitation, or replacement of public infrastructure, affordable housing, includin g down payment assistance, 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, county, city and county, or special district, as applicable, and the proposition includes specified accountability requirements. The measure wou ld prohibit a city, county, city and county, or special district from placing a proposition on the ballot pursuant to these provisions if the voters have previously approved a proposition pursuant to these provisions or the below special tax provisions until all funds from the previous proposition are committed to programs and projects listed in the specific local program or ordinance, as described. The measure, subject to certain vote thresholds, would authorize the Legislature to enact laws establishing additiona l accountability measures and laws for the down payment assistance programs authorized by the measure, as specified.
Status: 9/20/2023-Chaptered by Secretary of State - Res. Chapter 173, Statute s of 2023.
Transportation and Public Works
AB 334 (Rubio, Blanca) Public contracts: conflicts of interest. (Chaptered: 9/30/2023) Link Nov. 14,2023 Item #2 Page 64 of 67
Current law prohibits members of the Legislature and state, county, district, judicial district, and city officers or employees from being financially interested in any contract made by them in their official capacity, or by any body or board of which they are members. Current law authorizes the Fair Political Practices Commission to commence an administrative or civil action against persons who violate this prohibition, as prescribed, and includes provisions for the collect ion of penalties after the time for judicial review of a commission order or decision has lapsed, or if all means of judicial review of the order or decision have been exhausted . Current law identifies certain remote interests in contra cts that are not subject to this prohibition and other situations in which an official is not deemed to be financially interested in a contract. Current law makes a willful violation of this prohibition a crime . This bill would establish that an independent contractor, who meets specified requirements, is not an officer for purpo ses of being subject to the prohibition on being financially interested in a contract. The bill would authorize a public agency to enter into a contract with an independent contractor who is an officer for a later phase of the same project if the independent contractor did not engage in or advise on, as specified, the making of the subsequent contra ct. This bill would establish that a person who acts in good faith reliance on these provisions is not in vio lation of the above-described conflict-of-interest prohibition s and would prohibit them from being subject to criminal, civil, or administrative enforcement under those prohibitions if the initial contract includes specified language and the independent contractor is not in breach of those terms.
Status: 9/30/2023 -Approved by the Governor. Chaptered by Secretary of State - Chapter 263, Statutes of 2023.
AB 965 (Carrillo, Juan) Local government: broadband permit applications. (Chaptered: 10/9/2023) Link The Permit Streamlining Act governs the approval process that a city or county is required to follow when approving, among other thing s, a permit for construction or reconstruction for a development project for a wireless telecommunications facility and a collocation or siting application for a wireless telecommunications facility. This bill, except as specified, wou ld require a local agency to undertake batch broadband permit processing, as defined, upon receiving 2 or more broadband permit application s for substantially similar broadband project sites submitt ed at the same time by the same applicant, within a presumptively reasonable time, as defined. The bill would define "local agency" for these purposes to mean a city, county, city and county, charter city, special district, or publicly owned utility, other than certain publicly owned electric utilities. If a local agency does not approve those broadband permit applications for substant ially similar broadband project sites and issue permits, or reject t he applicat ions and notify the applicants, within the presumptively reasonable time or longer period permitted under applicable law, the bill would require that all of those permits be deemed approved.
Status: 10/8/2023 -Approved by the Governor. Chaptered by Secretary of State - Chapter 553, Statutes of 2023.
AB 971 (Lee) Vehicles: transit-only traffic lanes. (Chaptered: 10/10/2023) Link Current law prohibits a person from operating a motor vehicle, or stopping, parking, or leaving a vehicle standing, on a portion of the highway designated for the exclusive use of public transit buses, subject to specified exceptions. Current law also require s a public transit agency, with the agreement of the agency wit h jurisdiction over the highway, to place and maintain signs and traffic contro l devices indicating that a portion of a highway is designated for the exclusive use of public transit buses, as specified. This bill would instead make these provisions applicable to transit-on ly traffic lanes. The bill would define transit -only traffic lanes as any designated transit -only lane on which use is restricted to mass tran sit vehicles, or other designated vehicles including taxis and vanpools, during posted times.
Status: 10/10/2023 -Approved by the Governor. Chaptered by Secretary of State - Chapter 672, Statutes of 2023.
SB 381 (Min) Electric bicycles: study. (Chaptered: 10/13/2023) Link Existing law defines an electric bicycle to mean a bicycle equipped with fully operable pedals and an electr ic motor of less than 750 watts, and subjects a person riding an electr ic bicycle to provisions of law governing the operation of a bicycle. This bill would require the Mineta Transportation Institute at San Jose State University, in consultation with relevant stakeholders , to, on or before January 1, 2026, conduct a study on electr ic bicycles to inform efforts to improve the safety of users of the transportation system, and to submit a report of the findings from the study to the Legislature. The bill would require the study to examine, Nov. 14, 2023 Item #2 Page 65 of 67
identify, and analyze available information regarding, among other things, data on injuries, crashes, emergency room visits, and deaths related to bicycles and electric bicycles and best practice s for policy to promote safe use of electric bicycles. This bill contai ns other related provisions and other existing laws.
Status: 10/13/2023-A pproved by the Governor. Chaptered by Secretary of State. Chapter 869, Statutes of 2023.
Client Position: Support
Notes: 5/8/23 AB: Added trackin g form, tagged support and submitted letter to support through th e Legislative portal. 5/8/23: EN emailed lett er to delegation. 6/6/23: EN submitted to Asm Transportation and emailed delegation and governor 's office. 6/23/23 :
EN resubmitted to Asm Transportation. 9/18/23: EN emailed request for signature lette r to governor's office.
SB 538 (Portantino) Department of Transportation : Chief Advisor on Bicycling and Active Transportation . (Chaptered : 10/9/2023) Link
Current law establishes the Department of Transportation and provides that the Director of Transportation shall perform all duties, exercise all powers and jurisdiction, assume and discharge all responsibilities, and carry out and effect all purposes vested by law in the department, except as otherwise provid ed by law. This bill wou ld require the director to appoint a Chief Advisor on Bicycling and Active Transportation, to serve as the department' s primary advisor on all issues related to bicycle transportation , safety, and infrastructure, as specified.
Status: 10/8/2023 -Approved by the Governor. Chaptered by Secretary of State. Chapter 617, Statutes of 2023.
SB 677 (Blakespear) Intercity rail: LOSSAN Rail Corridor. (Chaptered: 10/7/2023) Link Current law authorizes the Department of Transportation , subject to approval of the Secretary of Transportation, to enter into an inte ragency transfer agreement under which a joint powers board assumes responsibility for administering the state-f unded interc ity rail service in a part icular corridor , including th e LOSSAN Rail Corridor . Current law provide s for the allocation of state funds by the secretary to a joint powers board under an interagency transfer agreement based on an annual business plan for the intercity rail corridor and subsequent appropriation of state fund s. Existing law requires the joint powers board to submit the annual business plan to the secretary for review and recommendation by April 1 of each year. Current law requires the business plan to include, among other things, a report on the performance of the corridor service, an overall operating plan, short-te rm and long-term capital improvement programs, funding requirement s for th e upcoming fiscal year, and an action plan with specific performance goals and objectives. This bill would require the LOSSAN Rail Corridor Agency, as part of the annual business plan submitted to the secretary, to include a description of the effects of climate change on the LOSSAN corridor, to ident ify projects planned to increase climate resiliency on the corridor , and to discuss possible fundin g options for th ose identifi ed projects, as specified . To the extent the bill would add to the duties of the LOSSAN Rail Corridor Agency, the bill would impose a state mandated local program.
Status: 10/7 /2023-A pproved by the Governor. Chaptered by Secretary of State. Chapter 407, Statutes of 2023.
SB 706 (Caballero) Public contracts: progressive design-build : local agencies. (Chaptered : 10/8/2023) Link Current law, until January 1, 2029, authorizes local agencies, defined as any city, county, city and county, or special distri ct author ized by law to provide for the produ ction, storage, supply, treatment , or distribution of any water from any source, to use the progressive design-build process for up to 15 public works projects in excess of $5,000,000 for each project, similar to the progressive design-build process authorized for use by the Director of General Services. This bill would , until January 1, 2030, provide additional authority for cities, counties, cities and counties, or special district s to use the progressive design-build process for up to 10 public works in excess of $5,000,000, not limit ed to water -related projects, excluding projects on state-ow ned or state-operated facilities. The bill wou ld require information to be provided under penalty of perjury and would require similar reports due no later than December 31, 2028.
Nov. 14, 2023 Item #2 Page 66 of 67
Status: 10/8/2023-Approved by the Governor. Chaptered by Secretary of State. Chapter 500, Statutes of 2023.
Nov. 14, 2023 Item #2 Page 67 of 67