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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the date first above written by their respective officers duly authorized in that behalf.
CITY OF FOSTER CITY
Dated: _________________________________ Patrick Sullivan, Mayor
ATTEST:
Dated: ________________________________ Priscilla Schaus, City Clerk
APPROVED AS TO FORM
Dated:
Benjamin Stock, City Attorney
West Coast Code Consultants, Inc.
Dated:
Donald Zhao, Vice President/Regional
Manager
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Exhibit B-1
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MASTER SERVICES AGREEMENT
FOR
PROFESSIONAL ON-CALL BUILDING SERVICES
This Agreement is made and entered into as of the 18th day of July, 2023 by and between the City of Foster City hereinafter called "CITY" and West Coast Code Consultants, Inc. (WC-3). hereinafter called "CONSULTANT".
RECITALS
This Agreement is entered into with reference to the following facts and circumstances:
WHEREAS, CITY desires to engage CONSULTANT to provide professional services in the CITY;
WHEREAS, CONSULTANT is qualified to provide such services to the CITY and;
NOW, THEREFORE, in consideration of the mutual promises, covenants, terms and conditions hereinafter contained, the parties hereby agree as follows:
TERMS AND CONDITIONS
1. Services. The services to be performed by CONSULTANT under this Agreement shall include those services set forth in Exhibit A, which is, by this reference, incorporated herein and made a part hereof as though it were fully set forth herein.
Performance of the work specified in said Exhibit A is hereby made an obligation of CONSULTANT under this Agreement, subject to any changes that may be made subsequently hereto upon the mutual written agreement of the said parties.
Where in conflict, the terms of this Agreement supersede and prevail over any terms set forth in Exhibit A.
2. Term; Termination. (a) The term of this Agreement shall commence July 18, 2023 and shall expire on June 30, 2024 by CONSULTANT. (b) Notwithstanding the provisions of (a) above, CITY may with or witho ut cause, direct CONSULTANT to suspend, delay or interrupt Services, in whole or in part, for such periods of time as CITY may determine in its sole discretion. (c) CITY may terminate performance of the Services under this Agreement in whole, or from time to time in part, for default, should CONSULTANT commit a material breach of this Agreement, or part thereof, and not cure such breach within ten (10) calendar days of the date of CITY’s written notice to CONSULTANT demanding such cure, in which case CONSULTANT shall be liable to CITY for all loss, cost, expense, damage DocuSign Envelope ID: 3F8B53D2-36DF-4415-84C5-8473EF2FAD99
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and liability resulting from such breach and termination. (d) CITY may terminate performance of the Serv ices under this Agreement in whole, or from time to time in part, for convenience, whenever CITY determines that such termination is in CITY’s best interests, in which case CONSULTANT shall be entitled to recover its costs expended up to the termination da te plus reasonable profit thereon to the termination date as this Agreement would otherwise provide, but may recover no other cost, damage or expense. CONSULTANT shall continue its work throughout the course of any dispute, and CONSULTANT’s failure to continue work during a dispute shall be a material breach of this Agreement.
3. Compensation; Expenses; Payment . CITY shall compensate CONSULTANT for all services performed by CONSULTANT hereunder in an amount based upon CONSULTANT’s hourly rates during the time of the performance of said services. A copy of CONSULTANT’s hourly rates for which services hereunder shall be performed are set forth in CONSULTANT’s fee schedule marked Exhibit “B” hereof, attached hereto and by this reference incorporated herein.
Notwithstanding the foregoing, the combined total of compensation and reimbursement of costs payable hereunder shall not exceed the sum of seventy-five thousand dollars ($75,000). Invoices for amounts in excess of seventy-five thousand dollars ($75,000) shall not be paid unless the performance of services and/or reimbursement of costs and expenses in excess of said amounts have been approved in advance of performing such services or incurring such costs and expenses by the City Manager (for contracts less than $50,000) or City Council (for contracts $50,000 or more) evidenced by motion duly made and carried and a written contract amendment having been executed.
Compensation and reimbursement of costs and expenses he reunder shall be payable upon monthly billing therefor by CONSULTANT to CITY, which billing shall include an itemized statement, briefly describing by task and labor category or cost/expense items billed. Final payment will be made when all Services requir ed under this Agreement have been completed to the reasonable satisfaction of CITY including, without limitation, CONSULTANT's transmittal of all deliverables to CITY required by EXHIBIT A.
CITY shall not incur any charges under this Agreement, nor shall any payments become due to CONSULTANT for any payment period on the Project, until CITY receives all deliverables required under Exhibit A, SCOPE OF WORK AND SCHEDULE, for the payment period (if any) and reasonably accepts such deliverables as meeting the requirements of this Agreement. In cases where CONSULTANT has partially completed one or more deliverables due during a payment period, a nd if CONSULTANT DocuSign Envelope ID: 3F8B53D2-36DF-4415-84C5-8473EF2FAD99
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demonstrates diligent progress thereon, then CITY may make a partial progress payment based upon percentage completion of the partially completed deliverables and diligent progress but taking into account any adverse impacts upon CITY. CITY shall not be liable for, and CONSULTANT shall not be entitled to, any payment for Services performed before this Agreement's execution.
4. Additional Services. In the event CITY desires the performance of additional services not otherwise included within the services described in Exhibit A, such services shall be authorized in advance of the performance thereof by the City Manager (for contracts less than $ 50,000) or City Council (for contracts $ 50,000 or more) by motion duly made and carried. Such amendment to this Agreement shall include a description of the services to be performed thereunder, the maximum compensation and reimbursement of costs and expenses payable there for, the time of performance thereof, and such other matters as the parties deem appropriate for the accomplishment of such services. Except to the extent modified by written amendment, all other terms and conditions of this Agreement shall be deemed incorporated in each such amendment.
5. Records. CONSULTANT shall keep and maintain accurate records of all time expended and costs and expenses incurred relating to services to be performed by CONSULTANT hereunder. Said records shall be available to CITY for review and copying during regular business hours at CONSULTANT’s place of business or as otherwise agreed upon by the parties.
6. Authorization. This Agreement becomes effective when endorsed by both parties in the space provided below.
7. Reliance on Professi onal Skill of CONSULTANT. CONSULTANT represents that it has the necessary professional skills to perform the services required and the CITY shall rely on such skills of the CONSULTANT to do and perform the work. In performing services hereunder CONSULTANT shall adhere to the standards generally prevailing for the performance of expert consulting services similar to those to be performed by CONSULTANT hereunder.
CONSULTANT represents that it has reviewed Exhibit A and that in its professional judgment the Services to be performed under this Agreement can be performed for a fee within the maximum amount set forth in the Compensation Sc hedule established in Exhibit A and within the times specified for each individual Project.
CONSULTANT represents that it possesses all necessary training, licenses and permits to perform the Services and that its performance of the Services DocuSign Envelope ID: 3F8B53D2-36DF-4415-84C5-8473EF2FAD99
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will conform to the standards of practice of a professional having experience and expertise in performing professional services of like nature and complexity of the Services working on similar, successfully completed projects.
The granting of any progress payment by CITY, or the receipt thereof by CONSULTANT, or any inspection, review, approval or oral statement by any representative of CITY or any other governmental entity, shall in no way waive or limit the obligations in this Paragraph 7 or lessen the liability of CONSULTANT for unsatisfactory Services, including but not limited to cases where the defective or below standard Services may not have been apparent or detected at the time of such payment, inspection, review or approval.
8. Documents. All documents, plans, drawings, renderings, and other papers, or copies thereof, as finally rendered, prepared by CONSULTANT pursuant to the terms of this Agreement, shall, upon preparation and delivery to CITY, become the property of CITY.
9. Relationship of Parties. CONSULTANT is an independent Contractor and does not act as City’s agent in any capacity, whatsoever. CONSULTANT is not entitled to any benefits that CITY provides to CITY employees, including, without limitation, worker’s compensation benefits or payments, pension benefits, health benefits or insurance benefits. Terms within this Agreement regarding direction apply to and concern the result of the CONSULTANT’s provision of Services, not the means, methods, or scheduling of the CONSULTANT’s work. CONSULTANT shall be s olely responsible for the means, methods, techniques, sequences and procedures with respect to its provision of Services under this Agreement.
CONSULTANT shall pay all payroll taxes imposed by any governmental entity and shall pay all other taxes not spec ifically ident ified in this Agreement as CITY’s responsibility.
10. Schedule. CONSULTANT shall adhere to the schedule set forth in Exhibit A; provided, that CITY shall grant reasonable extensions of time for the performance of such services occasioned by governmental reviews of CONSULTANT’s work product or other unavoidable delays; provided, further, that such unavoidable delay shall not include strikes, lockouts, work stoppages, or other labor disturbances conducted by, or on behalf of, CONSULTANT’s officers or employees.
CONSULTANT acknowledges the importance to CITY of CITY’s Project schedule and agrees to put forth its best professional efforts to perform its services under this Agreement in a manner consistent with that schedule.
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11. Indemnity. To the fullest extent allowed by law, CONSULTANT hereby agrees to defend, indemnify, and save harmless CITY and Estero Municipal Improvement District, its Council, boards, commissions, officers, employees, directors, volunteers and agents, from and against any and all claims, suits, actions liability, loss, damage, expense, injury (including, without limitation, economic harm, injury to or death of any person, including an employee of CONSULTANT or its Subconsul tants), cost (including, without limitation, costs and fees of litigation) of every nature, kind or description, at law or equity, which may be brought against, o r suffered or sustained by, City of Foster City or Estero Municipal Improvement District, its Council, boards, commissions, officers, employees, directors, volunteers or agents that arise out of , pertain to, or relate to any negligence, recklessness, or willful misconduct of CONSULTANT, any Subconsultant, anyone directly or indirectly employed or retained by them, or anyone that they control. In the event one or more defendants is unable to pay its share of defense costs due to bankruptcy or dissolution of the business, the CONSULTANT shall meet and confer with other parties regarding unpaid defense costs.
The duty of CONSULTANT to indemnify and save harmless, as set forth herein, shall include the duty to defend as set forth in Section 2778 of the California Civil Code; provided, however, that nothing herein contained shall be construed to require CONSULTANT to indemnify City of Foster City and Estero Municipal Improvement District, its Council, boards, commissions, officers, employees and agents against any responsibility or liability in contravention of Section 2782 of the California Civil Code.
CONSULTANT’s responsibility for such defense and indemnity obligations shall survive the termination or completion of this Agreement for the full period of time allowed by law.
The defense and indemnification obligations of this agreement are undertaken in addition to, and shall not in any way be limited by, the insurance obligations contained within this Agreement.
12. Insurance. Prior to execution of this Agreement, CONSULTANT shall furnish to CITY Certificates of Insurance showing satisfactory proof that it maintains the insurance required by t his Contract as set forth in EXHIBIT C, Insurance, which are attached and made a part of this Agreement.
CONSULTANT shall maintain all required insurance throughout the term of this Agreement and as otherwise provided in EXHIBIT C. In the event CONSULTANT fails to maintain any required insurance, a nd notwithstanding Paragraph 3 above, CITY may (but is not obligated to) purchase such insurance and deduct or retain premium amounts from any sums due CONSULTANT under this Agreement (or CONSULTANT shall promptly reimburse CITY for such expense).
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CONSULTANT shall maintain insurance as required by this Agreement to the fullest amount allowed by law and shall maintain in surance for a minimum of five (5) years following completion of this project or service. In the event CONSULTANT fails to obtain or maintain completed operations coverage as required by this Agreement, the CITY at its sole discretion may purchase the coverage required and the cost will be paid by CONSULTANT.
13. WORKERS' COMPENSATION. CONSULTANT certifies that he is aware of the provisions of the Labor Code of the State of California which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that Code, and CONSULTANT certifies that he will comply with such provisions before commencing the performance of the work of this agreement.
14. NON-DISCRIMINATION. The CONSULTANT will not discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin. The CONSULTANT will take affirmative action to ensure that applicants are employed and the employees are treated during employment without regard to their race, color, religion, sex or national origin. Such action shall include, but not be limited to the following:
employment, advancement, demotion, transfer, recruitment, or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, inclu ding apprenticeship. The CONSULTANT shall at all times be in compliance with the requirements of the Federal Americans With Disabilities Act (Public Law 101 -336) which prohibits discrimination on the basis of disability by public entities. The CONSULTANT agrees to post in conspicuous places available to employees and applicants for employment any notices provided by the CITY setting forth the provisions of this non-discrimination clause.
15. Notice. All notices required by this Agreement shall be given to the CITY and CONSULTANT in writing, by first class mail, postage prepaid, addressed as follows:
CITY: City of Foster City
610 Foster City Boulevard
Foster City, CA 94404-2299
Attention: Priscilla Schaus
CONSULTANT: West Coast Code Consultants, Inc. (WC3)
417 Grand Avenue, #201
South San Francisco, CA 94080
[email protected]
Attention: Donald Zhao
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16. Non-Assignment. This Agreement is not assignable either in whole or in part.
17. Amendments. This Agreement may be amended or modified only by written agreement signed by both parties.
18. Validity. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement.
19. Governing Law. This Agreement shall be deemed to have been executed in the County of San Mateo, California . The formation, interpretation and performance of this Agreement shall be governed by the laws of the State of California, excluding its conflict of laws rules . Any suit or action initiated by either party shall be brought in the County of San Mateo, California unless the parties agree otherwise in a written amendment to this Agreement. In the event of litigation between the parties hereto to enforce any provision of the Agreement, the unsuccessful party will pay the reasonable attorney’s fees and expenses of litigation of the successful party.
20. Mediation. Should any dispute arise out of this Agreement, the parties shall meet in mediation and attempt to reach a resolution with the assistance of a mutually acceptable mediator. Neither party shall be permitted to file legal action without first meeting in mediation and making a good faith attempt to reach a mediated resolution. The costs of the mediator, if any, shall be paid equally by the parties. If a mediated settlement is reached neither party shall be deemed the prevailing party for purposes of the settlement and each party shall bear its own legal costs.
21. Conflict of Interest . CONSULTANT represents and warrants that it presently has no interest, and shall not have any interest, direct or indirect, which would conflict in any manner with the performance of work and services required under this Agreement. Without limitation, CONSULTANT represents to and agrees with CITY that CONSULTANT has disclosed any potential conflict of interest, and will have no future conflict of interest, in providing CITY services hereunder, including but not limited to, any interest (financial, share ownership, sha red management, shared directors, or reporting responsibilities) CONSULTANT may presently have, or will have in the future, with respect to any other person or entity (including but not limited to potential suppliers, vendors, consultants, contractors, or regulatory agency) which may have an interest in the subject matter of the Services.
22. Liability of CITY.
Except as provided in Exhibit A, Services to be Provided by CONSULTANT and Exhibit C, Insurance, CITY's obligations under this Agreement shall be DocuSign Envelope ID: 3F8B53D2-36DF-4415-84C5-8473EF2FAD99
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limited to the payment of the compensation provided for in Paragraphs 1, 3, and 4 of this Agreement,
Notwithstanding any other provision of this Agreement, in no event shall CITY be liable, regardless of whether any claim is based on contract, tort or otherwise, for any special, consequential, indirect or incidental damages, lost profits or revenue, arising out of or in connection with this Agreement, the Services, or the Project.
CITY shall not be responsible for any damage to persons or property as a result of the use, misuse or failure of any equipment used by CONSULTANT, or by any of its employees, even though such equipment be furnished, rented or loaned to CONSULTANT by CITY. The acceptance or use of such equipment by CONSULTANT or any of its emp loyees shall be construed to mean that CONSULTANT accepts full responsibility for and shall exonerate, indemnify, defend and save harmless CITY from and against any and all claims for any damage or injury of any type, including attorneys' fees, arising fro m the use, misuse or failure of such equipment, whether such damage be to the CONSULTANT, its employees, CITY employees or third parties, or to property belonging to any of the above.
Nothing in this Agreement shall constitute a waiver or limitation of any right or remedy, whether in equity or at law, which CITY or CONSULTANT may have under this Agreement or any applicable law. All rights and remedies of CITY or CONSULTANT, whether und er this Agreement or other applicable law, shall be cumulative.
23. Waiver of Default. Waiver of any default by either party to this Agreement shall not be deemed to be waiver of any subsequent default. Waiver or breach of any provision of this Agreeme nt shall not be deemed to be a waiver of any other or subsequent breach, and shall not be construed to be a modification of the terms of this Agreement unless this Agreement is modified as provided below.
24. Force Majeure . Excep t for defaults of subcons ultants at any tier, CONSULTANT shall not be liable for any excess costs if the failure to perform the Agreement arises from causes beyond the control and without the fault or negligence of CONSULTANT, including without limitation failure to reasonably mit igate any adverse impacts (Force Majeure) . Force Majeure events include the following:
Acts of God, fires, floods, earthquake, other natural disasters, epidemics and pandemics (other than COVID -19 or variants), abnormal weather conditions beyond the parameters otherwise set forth in this Article, nuclear accidents, strikes, lockouts, freight embargos, interruptions in service by a DocuSign Envelope ID: 3F8B53D2-36DF-4415-84C5-8473EF2FAD99
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regulated utility, or governmental statutes or regulations enacted or imposed after the fact (together, “force majeure events”).
Any Force Majeure event with a duration in excess of 30 days entitles either party to terminate this Agreement with written notice to the other party, without further penalty or compensation.
25. Entire Agreement . This Agreement, including Exhibit s A, B , C, and D comprises the entire Agreement.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the date first above written by their respective officers duly authorized in that behalf.
CITY OF FOSTER CITY
Dated: _________________________________ Jon Froomin, Mayor
ATTEST:
Dated: ________________________________ Priscilla Schaus, City Clerk
APPROVED AS TO FORM
Dated:
Benjamin Stock, City Attorney
CONSULTANT
Dated:
Donald Zhao, Vice President/Regional Manager
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EXHIBIT A
Services shall commence on July 18, 2023 and terminate on June 30, 2024 unless otherwise extended in a written agreement by the parties.
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EXHIBIT B - FEE SCHEDULE
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EXHIBIT C
INSURANCE FORMS
CONSULTANT shall provide, in addition to the Certificates of Insurance, original Endorsement affecting the coverages specified in herein on the attached form. No substitute form will be accepted.
This is an Exhibit to, and made a part of and incorporated by reference to the Agreement dated July 18, 2023, by and between West Coast Code Consultants, Inc. (WC -3), hereinafter referred to as "Consultant”, and the City of Foster City , hereinafter referred to as " City", providing for professional services.
1. Consultant's Duty to Show Proof of Insurance. Consultant, in order to protect City and its Council members, officials, agents, officers, and employees against all claims and liability for death, injury, loss and damage as a result of Consultant's acts, errors, or omissions in connection with the performance of Consultant's obligations, as required in this Agreement, shall secure and maintain insurance as described below. Consultant shall not perform any work under this Agreement until Consultant has obtained all insurance required under this section and the required certificates of insurance and all required endorsements have been filed with the City's authorized insurance representative, insurance Tracking Services Inc. (ITS). Receipt of evidence of insurance that does not comply with all applicable insurance requirements shall not constitute a waiver of the insurance requirements set forth herein. The required documents must be signed by the authorized representative of the insurance company shown on the certificate. Upon request, Consultant shall supply proof that such person is an authorized representative thereof, and is authorized to bind the named underwr iter(s) and their company to the coverage, limits and termination provisions shown thereon, Consultant shall promptly deliver to ITS a certificate of insurance, and all required endorsements, with respect to each renewal policy, as necessary to demonstrate the maintenance of the required insurance coverage for the term specified herein. Such certificates and endorsements shall be delivered to ITS prior to the expiration date of any policy and bear a notation evidencing payment of the premium thereof if so requested. Consultant shall immediately pay any deductibles and self -insured retentions under all required insurance policies upon the submission of any claim by Consultant or City as an additional insured.
1.1 Insurance Requirements
Commercial General Liability Insurance
Commercial General Liability Insurance including, but not limited to, Contractual Liability Insurance (specifically concerning the indemnity provisions of this Agreement with the City ), Products-Completed Operations Hazard, liability for slander, false arrest and invasion of privacy arising out of professional services rendered hereunder, Personal Injury (including bodily injury and death), and Property Damage for liability arising out of Consultant's performance of services under this Agreement. The Commercial General Liability insurance shall contain no exclusions or limitation for independent contractors working on the behalf of the named insured. Consultant shall maintain the Prod ucts-Completed Operations Hazard coverage for the longest period allowed by law following termination of this Agreement. The amount of said insurance coverage required by this Agreement shall be the policy limits, which shall be at least one million dolla rs ($ 1,000,000) each occurrence and two million dollars ($2,000,000) aggregate.
*Please note, the City will require a separate additional insured endorsement for the Commercial General Liability policy, listing the “ City of Foster City , its Council member s, officials, agents, officers, and employees”.
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☒ Business Automobile Liability Insurance
Automobile Liability Insurance against claims of Personal Injury (including bodily injury and death) and Property Damage covering any vehicle and/or all owned, leased, hired and non-owned vehicles used in the performance of Services pursuant to this Agreement with co verage equal to the policy limits, which shall be at least two million dollars ($2,000,000) each occurrence.
☒ Workers' Compensation Insurance
Consultant shall submit written proof that Consultant is insured against liability for workers' compensation in accordance with the provisions of section 3700 of the California Labor Code. Consultant shall require any Subconsultants to provide workers' compensation for all of the Subconsultants' employees, unless the Subconsultants' employees are co vered by the insurance afforded by Consultant. If any class of employees engaged in work or services performed under this Agreement is not covered by California Labor Code section 3700, Consultant shall provide and/or require each Subconsultant to provide adequate insurance for the coverage of employees not otherwise covered. Consultant shall also maintain employer's liability insurance with limits of one million dollars ($1,000,000) for bodily injury or disease.
☒ Professional Liability Insurance
Professional Liability (Errors and Omissions) Insurance, for liability arising out of, or in connection with, all negligent acts, errors or omissions in connection with services to be provided under this Agreement, with no exclusion for claims of one insured against another insured, with coverage equal to the policy limits, which shall not be less than two million dollars ($2,000,000) per occurrence and two million dollars ($2,000,000) aggregate.
1.2 Self-Insured Retention
Any self -insured retentions in exc ess of $100,000 must be declared on the Certificate of insurance or other documentation provided to City and must be approved by the City Risk Manager.
1.3 Claims-Made Basis Coverage
If any of the insurance coverages required under this Agreement is written on a claims -made basis, Consultant, at Consultant's option, shall either (i) maintain said coverage for at least five (5) years following the termination of this Agreement with coverage extending back to the effective date of this Agreement; (ii) purchase an extended reporting period of not less than five (5) years following the termination of this Agreement; or (iii) acquire a full prior acts provision on any renewal or replacement policy.
2. City as Additional Insured
On Consultant's Commercial General Liability and Automobile policies, the City, its Council members, officers, directors, agents, employees, and volunteers, shall be named as additional insured's, but only with respect to liability arising out of the activities of the named insured. Any endorsement shall be provided using one of the following three options: (i) on ISO form CG 20 10 1 1 85; or (ii) on ISO form CG 20 37 10 01 plus either ISO form CG 20 10 10 01 or CG 20 33 10 01; or (iii) on such other forms which provide coverage at least equal to or better than form CG 20 10 1 1 85.
3. Insurance terms and conditions:
3.1 Cancellation of Insurance
The above stated insurance coverages required to be maintained by Consultant shall be maintained until the completion of all of Consultant's obligations under this Agreement except as otherwise indicated herein. Each insurance policy supplied by Consultant shall not be suspended, voided, cancelled or reduced in coverage or in limits except after ten (10) days written n otice by Consultant in the case of non -payment of premiums, or thirty (30) days DocuSign Envelope ID: 3F8B53D2-36DF-4415-84C5-8473EF2FAD99
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written notice in all other cases. This notice requirement does not waive the insurance requirements stated herein.
Consultant shall immediately obtain replacement coverage f or any insurance policy that is terminated, canceled, non - renewed, or whose policy limits have been exhausted or upon insolvency of the insurer that issued the policy.
3.2 All insurance shall be issued by a company or companies admitted to do business in Cal ifornia and listed in the current "Best's Key Rating Guide" publication with a minimum rating of A-; VII Any exception to these requirements must be approved by the City Risk Manager.
3.3 If Consultant is, or becomes during the term of this Agreement, self -insured or a member of a self -insurance pool, Consultant shall provide coverage equivalent to the insurance coverages and endorsements required above.
The City will not accept such coverage unless the City determines, in its sole discretion and by writte n acceptance, that the coverage proposed to be provided by Consultant is equivalent to the above -required coverages.
3.4 For any claims related to the Agreement, the Consultant’s insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the City , its officers, officials, employees, and volunteers. Any insurance or self -insurance maintained by the City , its officers, officials, employees, or volunteers shall be excess of the Consultant’s insurance and shall not contribute with it.
3.5 Insurance coverages in the minimum amounts set forth herein shall not be construed to relieve Consultant for any liability, whether within, outside, or in excess of such coverage, and regardless of solvency or insolvency of the insurer that issues the coverage; nor shall it preclude the City from taking such other actions as are available to it under any other provision of this Agreement or otherwise in law.
3.6 Failure by Consultant to maintain all such insurance in effect at all time s required by this Agreement shall be a material breach of this Agreement by Consultant. City , at its sole option, may terminate this Agreement and obtain damages from Consultant resulting from said breach. Alternatively, City may purchase such require d insurance coverage, and without further notice to Consultant, City shall deduct from sums due to Consultant any premiums and associated costs advanced or paid by City for such insurance. If the balance of monies obligated to Consultant pursuant to this Agreement are insufficient to reimburse City for the premiums and any associated costs, Consultant agrees to reimburse City for the premiums and pay for all costs associated with the purchase of said insurance. Any failure by City to take this alternative action shall not relieve Consultant of its obligation to obtain and maintain the insurance coverages required by this Agreement.
3.7 Should any of the required insurance (other than errors and omissions insurance) be provided under a form of coverage that includes a general annual aggregate limit or provides that claims investigation or legal defenses costs be included in such general aggregate limit, such genera l annual aggregate limit shall be double the occurrence or claims limit specified above.
3.8 City may (but is under no obligation to) secure project -specific insurance, wrap -up insurance, or administer an owner controlled insurance program ("OCIP"), in which case Consultant and its subconsultants shall communicate this fact to their insurance carriers and request that the risk of this project be excluded from their practice policies.
Consultant's fees under this Agreement (and the fee of its subconsultants u nder subconsultant agreements) shall be reduced by the amount of insurance premiums that may be avoided by Consultant and its subconsultants by virtue of the City's obtaining the project-specific insurance, wrap-up insurance or administering an OCIP, and t he exclusion of this project from coverage of Consultant's and subconsultants policies. Construction Manager and its subconsultants shall afford City access to their books and records and cooperate with City in verifying the amount of savings realized.
ATTACHED
1. Insurance Coverage Form
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EXHIBIT C
This INSURANCE COVERAGE FORM modifies or documents insurance provided under the following:
Named Insured: Effective Work Date(s):
Description of Work/Locations/Vehicles:
ADDITIONAL INSURED: City of Foster City/Estero Municipal Improvement District (CITY) 610 Foster City Boulevard, Foster City, CA 94404
Attention: _________________________________
Contract Administrator
Endorsement and Certificates of Insurance Required
The Additional Insured, its elected or appointed officers, officials, employees and volunteers are included as insureds with regard to damages and defense of claims arising from: (Check all that apply)
Insurer Policy
No.
General Liability : (a) activities performed by or on behalf of the Named Insured, (b) products and completed operations of the Named Insured, (c) premises owned, leased occupied or used by the Na med Insured, and/or (d) permits issued for operations performed by the Named Insured. {Note:
MEETS OR EXCEEDS ISO Form # CG 20 10 11 85}
Auto Liability : the ownership, opera tion, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Named Insured, regardless of whether liability is attributable to the Named Insured or a combination of the Named Insured and the Additional Insured, its elected or appointed officers, officials, employees or volunteers.
Other:
Certificates of Insurance Required (no endorsement needed) (Check all that apply) Insurer Policy No.
Workers Compensation : work performed by employees of the Named Insured while those employees are engaged in work under the simultaneous directions and control of the Named Insured and the Additional Insured.
Professional Liability:
PRIMARY/NON-CONTRIBUTORY: This insurance is primary and is not additional to or contributing with any other insurance carried by or for the benefit of Additional Insureds.
SEVERABILITY OF INTEREST: The insurance afforded by this policy applies separately to each insured who is seeking coverage or against whom a claim is made or a suit is brought, except with respect to the insurer’s limit of liability.
PROVISIONS REGARDING THE INSURED'S DUTIES AFTER ACCIDENT OR LOSS: Any failure to comply with reporting provisions of the policy shall not affect coverage provided to the Additional Insured, its elected or appointed officers, officials, employees, or volunteers.
CANCELLATION NOTICE. The insurance afforded by this policy shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days' prior written notice (ten (10) days if canceled due to non -payment) by regular mail return receipt requested has been given to the Additional Insured. Such notice shall be addressed as shown above.
WAIVER OF SUBROGATION: The insurer(s) named above agree to waive all rights of subrogation against the CITY, its elected or appointed officers, officials, agents, volunteers and employees for losses paid under the terms of this policy which arise from work performed by the Named Insured for the CITY.
Nothing herein contained shall vary, alter or extend any provision or condition of the Policy other than as above stated.
SIGNATURE OF INSURER OR AUTHORIZED REPRESENTATIVE OF THE INSURER
I, ______________________________________________________________(print/type name), warrant that I have authority to bind the above-named insurance company and by my signature hereon do so bind this company.
SIGNATURE OF AUTHORIZED REPRESENTATIVE (original signature required) DocuSign Envelope ID: 3F8B53D2-36DF-4415-84C5-8473EF2FAD99
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ORGANIZATION: TITLE:
ADDRESS:
TELEPHONE: ( ) DATE ISSUED:
DocuSign Envelope ID: 3F8B53D2-36DF-4415-84C5-8473EF2FAD99
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EXHIBIT D
COVID-19 AMENDMENT/ATTACHMENT
(Consulting Agreement Form)
This COVID-19 Amendment/Attachment amends the Agreement between (“City”) and West Coast Code Consultants, Inc. (WC-3) (“Consultant”) dated July 18, 2023.
1. Definitions
A. The 2019 novel coronavirus and the disease it causes are collectively referred to herein as “COVID-19”.
B. A “COVID-19 Condition” is something attributable to COVID-19 not caused by the Consultant (which for purposes herein includes all subconsultants) and beyond its reasonable control including but not limited to COVID-19 Proclamations and supply chain disruptions due to COVID-19, and other circumstances concerning COVID-19 not caused by the Consultant and which are beyond its reasonable control.
C. A “COVID-19 Proclamation” includes but is not limited to orders, directives and guidance concerning COVID-19 that have been issued, and which may be issued from time to time, by public agencies or regulatory bodies, the CDC or OSHA or Cal/OSHA, including without limitation the Cal/OSHA COVID-19 Prevention Emergency Temporary Standards. Consultant acknowledges that those orders, directives and guidance may require the Project to shut down or otherwise increase the Consultant’s cost or time of performance by calling for things such as social distancing and the use of personal protective equipment. In the event of conflicting COVID-19 Proclamations, the Consultant shall follow the most applicable, restrictive and newest COVID-19 Proclamations.
D. An “Unknown COVID-19 Condition” is a COVID-19 Condition the Consultant did not know about, and reasonably should not have known about, as of the date the Consultant submitted its proposal. The requirements contained in COVID-19 Proclamations issued before submission of a proposal are not Unknown COVID-19 Conditions, and the Consultant will be deemed to have knowledge of those requirements.
E. An “Unknown COVID-19 Cost” is a cost that: (i) is solely attributable to an Unknown COVID- 19 Condition; (ii) is reasonable and unavoidable under the circumstances; (iii) is not the result of the Consultant’s failure to comply with the contract documents or a COVID-19 Proclamation; and (iv) is not the result of a subconsultants failure to comply with a COVID-19 Proclamation in connection with the performance of the Services.
2. COVID-19 Conditions and Proposal. Consultant is expected to know and is deemed to have known about COVID-19 Conditions when it submits its proposal, and COVID-19 Conditions must be accounted for in the Consultant’s price and schedule. In order to be entitled to any relief from a COVID- 19 Condition, the Consultant must demonstrate that the issue, cost or delay is due to an Unknown COVID-19 Condition.
3. Compliance with COVID-19 Proclamations.
A. Consultant shall comply with COVID-19 Proclamations in the performance of the Services, irrespective of when the COVID-19 Proclamations are issued, and as they pertains to performance of DocuSign Envelope ID: 3F8B53D2-36DF-4415-84C5-8473EF2FAD99
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the Services. The cost of such compliance is non-compensable, except as otherwise expressly stated herein.
B. Consultant is responsible to ensure that its subconsultants and suppliers comply with COVID- 19 Proclamations at all times in connection with the performance of their Services.
4. Delay. The Consultant is entitled to a reasonable time extension for an Unknown COVID-19 Condition. Such time extension is non-compensable.
5. City Directed Suspension. The City may suspend Services due to COVID-19 health concerns, even though the Consultant may be allowed to proceed with the Services based on COVID-19 Proclamations. The City may suspend the Services for its convenience. The Consultant is entitled to a time extension for a City Directed Suspension, and the contract amount will be equitably adjusted if and to the extent Consultant incurs increased costs that are Unknown COVID-19 Costs.
6. Compensation for COVID-19 Costs. City will reimburse the Consultant for Unknown COVID-19 Costs that are not included in the schedule of values.
7. Safe Work Practices. Consultant shall implement safe work practices recommended by CDC or OSHA or Cal/OSHA, which may include, inter alia, screening all employees, subconsultants, or others (“worker(s)”) at all locations where Services are performed for signs and symptoms of COVID-19; adopting staggered work schedules, e.g., providing alternating workdays or extra shifts, to reduce the total number of employees on a site at any given time and to ensure physical distancing; identifying choke points where workers are forced to stand together, such as hallways and elevators, ingress and egress points, break areas, and buses, and implement policies to maintain social distancing; coordinating deliveries in line with the employer's minimal contact and cleaning protocols; and instituting a rigorous housekeeping program to reduce dust levels at all exterior locations. Consultant remains fully responsible for following and complying with changes to recommended safe work practices from time to time.
8. Monitoring and Reporting. City may require the Consultant to actively monitor the health of its workers through temperature checks and questionnaires of major COVID-19 symptoms, including but not limited to cough, fever above 100.4 degrees Fahrenheit and shortness of breath. Consultant shall immediately report to City any outbreaks of COVID-19 among its workers. The Consultant shall not knowingly allow any worker who has tested positive with COVID-19 to enter a City building. In the event of an outbreak or an exposure to COVID-19, the City may impose appropriate mitigation strategies which may be in consultation with the public health officer.
9. Conflicts. In the event of an inconsistency between this COVID-19 Amendment and the Agreement, this Addendum shall control.
[Signatures on Next Page]
DocuSign Envelope ID: 3F8B53D2-36DF-4415-84C5-8473EF2FAD99
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IN WITNESS WHEREOF, the City and Consultant have executed this Covid-19 Amendment as of the date set forth above.
CONSULTANT: CITY:
________________________ ____________________________
Signature Signature
Donald Zhao, Vice President/ Jon Froomin, Mayor
Regional Manager
________________________ ______________________________ Print Name & Title Print Name & Title
DocuSign Envelope ID: 3F8B53D2-36DF-4415-84C5-8473EF2FAD99
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DATE: April 1, 2024
TO: Mayor and Members of the City Council
VIA: Stefan Chatwin, City Manager
FROM: Tracy Avelar, Police Chief
DEPARTMENT: Police
SUBJECT: AUTHORIZING A FIVE-YEAR AGREEMENT WITH AXON
ENTERPRISE, INC. IN AN AMOUNT NOT TO EXCEED
$460,468.53 TO PURCHASE NEW BODY-WORN CAMERAS,
TASER DEVICES, AND ALL ANCILLARY EQUIPMENT AND
SERVICES
RECOMMENDATION
It is recommended that the City Council adopt the attached resolution authorizing the Mayor to execute a Five-Year Agreement with Axon Enterprise, Inc. (Axon), in an amount not to exceed $460,468.53 for new Body-Worn Cameras, TASERs, and all ancillary equipment and services.
EXECUTIVE SUMMARY
In 2017, the Foster City Police Department (FCPD) purchased 45 updated body-worn cameras and deployed them to each officer in the field. Since the implementation of the body-worn camera program in 2013, the FCDP staff has found the recordings from the cameras to be an invaluable tool for documenting events, actions, conditions, and statements made during contacts with members of the public. The cameras have been found to enhance the department’s high level of accountability and in some cases disprove false claims of police misconduct thereby proving to be an effective risk mitigation tool for the FCPD. The cameras currently being used have reached the end of their useful life. Because of the daily demands of police work, the cameras continually break and costs to repair and replace the cameras are ongoing. The current
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cameras do not meet the current needs and expectations of the Police Department as it relates to body-worn camera technology.
In 2019, the City Council authorized the FCPD to purchase 35 updated TASER devices including duty and training cartridges. Since the initial purchase of TASERs in 2009, staff has found that TASERs continue to be an invaluable tool for deescalating combative subjects and have reduced the chances of serious injury to suspects and officers alike. The Police Department’s current devices are nearing the end of their projected service life. Staff is recommending the replacement of our existing devices. As is the case with most technologies, improvements to the TASER device have been made over the last five years.
Based on the items outlined above, staff is recommending the replacement of the Police Department’s existing body-worn cameras and TASER’s with the purchase of 43 body-worn cameras, and 34 TASER’s from Axon by entering into a five-year agreement. The total costs over five years shall not exceed $460,468.53. The first year (FY 2024-25) will be funded through FCPD Equipment Replacement Fund (ERF) (620- 421-42-51) with the remaining four years being funded through the budget process.
The cameras and accompanying peripherals are being recommended for purchase because they are designed specifically for use by police departments and their officers. This means the camera’s durability, video/audio quality, available features, and the overall security of the camera content meet the needs of the Police Department. All officers assigned to patrol and special assignments, as well as the two patrol Community Service Officers and Reserve Police Officers, will be issued a body- worn camera.
BACKGROUND
FCPD officers are required by policy to record many different types of contacts.
Between 2017 and 2024, FCPD officers have used the Watchguard body-worn camera system during every type of interaction with the public in which recording the interaction was appropriate. These interactions have included traffic stops, calls for service, arrest situations, vehicle pursuits, interviews, and voluntary citizen contacts. The recordings have served as an invaluable investigative tool and aided in the successful prosecution of many criminal cases. The current cameras have functioned adequately overall but are now up for replacement. The current cameras have frequent malfunctions due to age. Based on these issues, staff recommends the purchase of 43 new body-worn cameras from Axon, which has a proven track record within law enforcement.
In 2019, FCPD purchased updated TASER’s and distributed them to all officers assigned to the patrol and administrative division. FCPD officers used their TASER devices while interacting with suspects who were actively resisting officers’ attempts to gain compliance, which allowed the officers to safely take the suspects into custody.
Moreover, the officers were able to choose an alternative to deadly force. The combination of intensive annual training and our officers demonstrating discipline with
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its application has made the TASER a highly effective use of force option. TASER technology currently used by FCPD officers has been surpassed by more useful TASER technology, rendering the current TASERs obsolete.
The FCPD has not been capable of transferring digital evidence electronically to the San Mateo County District Attorney’s Office due to the technology associated with the Watchguard camera system. Entering into the agreement with Axon will provide this ability through the integration of Evidence.com and thereby bringing FCPD into alignment with all other San Mateo County agencies and the District Attorney’s Office.
ANALYSIS
Body-worn cameras and TASER devices have proven to be useful tools for the FCPD.
Camera video has provided evidence in criminal matters, video used to confirm the innocence of officers accused of wrongdoings, and video used for accountability and training purposes. The newer technology being sought through Axon will provide cameras that perform well and a system that will allow secure electronic sharing of evidence.
TASER devices have proven their worth over the many years of use by FCPD officers.
These devices provide a less than lethal level of force, and when deployed, have typically resulted in minimal injury while providing officers with opportunity to gain subjects compliance. Because the simple display of the TASER device is often enough to gain compliance; the discharge of the TASER is typically not necessary.
Staff recommends that we upgrade our WatchGuard Video body-worn camera system to Axon and purchase 43 cameras based on the following:
•Secure data storage: Utilizes encrypted storage to protect the integrity and confidentiality of recorded footage.
•Quick activation: Enables rapid activation to start recording at a moment's notice. •Pre-event buffering: Records a short buffer of footage prior to activation to capture events leading up to the recording.
•Long battery life: Ensures extended recording time for full shifts or longer operations.
•Durability: Designed to withstand the rigors of law enforcement and public safety environments.
•GPS and timestamping: Provides location and time information for each recording, enhancing accountability and situational awareness. •Integration with cloud-based Evidence.com platform: Allows seamless uploading, storage, management, and sharing of recorded footage with the San Mateo County District Attorney’s office. Our current process involves a Senior Community Service Officer downloading digital media evidence on a CD and our
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Court Officer hand delivers the evidence to the District Attorney’s office. This process is not timely or cost efficient. Having the ability to share the evidence directly with the District Attorney’s office will cut down on staff time preparing and delivering evidence, the cost of supplies and will ensure the District Attorney’s office will have evidence available in a timely manner in order to make filing decisions on our criminal cases and discovery for court hearings. •The expected service life of the Axon body-worn camera is five years. •Purchasing 43 cameras will allow us to issue a body-worn camera to every police officer assigned to patrol and special assignments, as well as to each community service officer on patrol, and it allows for the availability of spare devices in the event there is a need.
The following provides an overview basis for the need to replace our current TASER devices:
•The current devices are suffering an increasing number of malfunctions due to age and usage.
•The demonstrated effectiveness of the device in gaining suspect compliance/cooperation.
•The demonstrated effectiveness of the device as a less lethal use of force option. •An assumed reduction of injury to both suspects and officers averted through the display and/or application of the device.
Per TASER International, the recommended service life of a TASER device is five years. The useful life takes into account deployments and the environment in which they are used. As the devices age, malfunctions exhibited by the TASERs increase, resulting in a failure of the darts to deploy or a lack of electrical charge. Furthermore, devices that have exceeded their useful life are no longer eligible for service by TASER.
The contract specifies the provision of 43 Body-Worn Cameras will be replaced at multiple intervals, which is included in the costs. This ensures that there will be no additional costs throughout the contract..
California Environmental Quality Act
The multi-year contract with Axon for purchase of law enforcement equipment and ancillary services is not subject to review under the California Environmental Quality Act (CEQA) pursuant to Public Resources Code Section 21000, et seq. and the CEQA Guidelines (14 Cal. Code Regs. §§ 15000 et. seq.), including without limitation, Public Resources Code section 21065 and California Code of Regulations 15378 as this is not a “project” that may cause a direct, or reasonably foreseeable indirect, physical change in the environment.
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FISCAL IMPACT
The total cost of purchasing 43 Axon Body-worn cameras and 34 Axon TASERs over a five-year contract is $460,468.53. The payment structure involves $145,010.51 in the first year, $78,864.48 in years two through four, and $78,864.58 in the fifth year. The cost of the first year of the contract will be funded through our Equipment Replacement Funds for TASERs and Body Worn Cameras, which as of July 1, 2024, will have a combined balance of $147,000. The Equipment Replacement Funds will be transferred into line item 001-0620-421-4251, and then used to pay for the first year of the contract.
The appropriation of funds will be through the budget process with the first year being FY 24/25.
For the remaining four years, we will be requesting the City allocate the necessary funding from the General Fund into line item 001-0620-421-4251. The total amount required for these years totals $315,458.02 broken down as follows:
•Year 2-FY 25/26 /August 2025 - $78,864.48
•Year 3-FY 26/27 /August 2026 - $78,864.48
•Year 4-FY 27/28 /August 2027 - $78,864.48
•Year 5-FY 28/29 /August 2028 - $78,864.58
The purchase will be made through Axon, a sole source vendor to law enforcement agencies.
The total cost breakdown will be:
43 Body-Worn Cameras
Unlimited Storage & Auto Tagging
License Bundles
34 Taser Devices
$118,368.80
$100,962.60
$51,999.00
$165,729.60
2-day Taser Training $2,500.00
Estimated Tax $20,908.53
Total $460,468.53
CITY COUNCIL VISION, MISSION, AND VALUE/PRIORITY AREA
Public Safety and Social Equity
ATTACHMENTS
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Attachment 1 - Resolution
Attachment 2 - Axon Enterprise, Inc. Quote
Attachment 3 - Sole Source Letter
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6 6
RESOLUTION NO. _________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FOSTER CITY
AUTHORIZING THE MAYOR TO EXECUTE A FIVE-YEAR AGREEMENT WITH AXON ENTERPRISE, INC. IN AN AMOUNT NOT-TO-EXCEED $460,468.53 FOR THE
PURCHASE OF NEW BODY-WORN CAMERAS, TASER DEVICES, SOFTWARE,
LICENSES AND TECHNICAL SUPPORT SERVICES
CITY OF FOSTER CITY
WHEREAS, the City of Foster City needs to replace the current body-worn cameras, which have become obsolete; and
WHEREAS, body-worn cameras have proven to be an effective tool in mitigating risk, evidence collection, ensuring appropriate officer conduct, encouraging appropriate citizen conduct, accountability, transparency; and
WHEREAS, the City is interested in purchasing reliable, high-quality body-worn cameras and TASERS for its officers; and
WHEREAS, there is a demonstrated effectiveness of a TASER in gaining suspect compliance/cooperation; and
WHEREAS, the assumed reduction of injury to both suspects and officers averted through the display and/or application of the device; and WHEREAS, Axon Enterprises is a sole source vendor under the City’s Municipal Code section 3.04.08 for the body-worn cameras and TASERS, based on in part by the integration Evidence.com, that will bring the City into alignment with other San Mateo County agencies and the District Attorney’s Office.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Foster City does hereby authorize the Mayor to execute a five-year agreement beginning August 1, 2024 and ending August 31, 2029 with Axon Enterprise, Inc. in an amount not-to-exceed $460,468.53 for the purchase of new body-worn cameras, taser devices, software, licenses and technical support services.
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6 6
PASSED AND ADOPTED as a resolution of the City Council of the City of Foster City at the regular meeting held on the 1st day of April, 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
PATRICK SULLIVAN, MAYOR
ATTEST:
PRISCILLA SCHAUS, CITY CLERK
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Q-558910-45377.847TR
Issued: 03/26/2024
Quote Expiration: 03/29/2024
Estimated Contract Start Date: 09/01/2024
Account Number: 190614
Payment Terms: N30
Delivery Method:
SHIP TO BILL TO SALES REPRESENTATIVE PRIMARY CONTACT
Foster City Police Dept. - CA
1030 E Hillsdale Blvd
Foster City,
CA
94404-1604
USA
Foster City Police Dept. - CA
1030 E Hillsdale Blvd
Foster City
CA
94404-1604
USA
Email:
Thom Ruseva-Mahan
Phone: +1 4804148450
Email: [email protected]
Fax: +1 4809993359
William Sandri
Phone: (650) 286-3321
Email: [email protected]
Fax:
Quote Summary Discount Summary
Program Length 60 Months Average Savings Per Year $23,669.32 TOTAL COST $439,560.00
ESTIMATED TOTAL W/ TAX $460,468.53 TOTAL SAVINGS $118,346.60 Axon Enterprise, Inc.
17800 N 85th St.
Scottsdale, Arizona 85255
United States
VAT: 86-0741227
Domestic: (800) 978-2737
International: +1.800.978.2737
5.12 Attachment 2 - Axon Enterprise, Inc Quote
245
Payment Summary
Date Subtotal Tax Total
Aug 2024 $139,000.00 $6,010.51 $145,010.51
Aug 2025 $75,140.00 $3,724.48 $78,864.48
Aug 2026 $75,140.00 $3,724.48 $78,864.48
Aug 2027 $75,140.00 $3,724.48 $78,864.48
Aug 2028 $75,140.00 $3,724.58 $78,864.58
Total $439,560.00 $20,908.53 $460,468.53
5.12 Attachment 2 - Axon Enterprise, Inc Quote
246
Quote Unbundled Price: $557,906.60
Quote List Price: $488,396.00
Quote Subtotal: $439,560.00
Pricing
All deliverables are detailed in Delivery Schedules section lower in proposal Item Description Qty Term Unbundled List Price Net Price Subtotal Tax Total Program
BWCamMBDTAP Body Worn Camera Multi-Bay Dock TAP Bundle 8 60 $73.05 $36.07 $36.07 $17,313.60 $1,308.70 $18,622.30 BWCamTAP Body Worn Camera TAP Bundle 43 60 $41.29 $33.80 $33.80 $87,204.00 $6,351.93 $93,555.93 C00010 BUNDLE - TASER 10 CERTIFICATION 34 60 $97.14 $81.24 $81.24 $165,729.60 $13,168.11 $178,897.71 A la Carte Hardware
H00002 AB4 Multi Bay Dock Bundle 8 $1,638.90 $106.40 $851.20 $79.79 $930.99 H00001 AB4 Camera Bundle 43 $849.00 $0.00 $0.00 $0.00 $0.00 A la Carte Software
73682 AXON EVIDENCE - AUTO TAGGING LICENSE 43 60 $10.85 $10.85 $27,993.00 $0.00 $27,993.00 73686 AXON EVIDENCE - STORAGE - UNLIMITED (AXON
DEVICE) 43 60 $27.12 $27.12 $69,969.60 $0.00 $69,969.60 BasicLicense Basic License Bundle 40 60 $16.27 $16.25 $39,000.00 $0.00 $39,000.00 ProLicense Pro License Bundle 5 60 $43.40 $43.33 $12,999.00 $0.00 $12,999.00 A la Carte Services
101208 AXON TASER 10 - 2 DAY INSTRUCTOR COURSE - INSIDE SALES 1 $2,500.00 $2,500.00 $2,500.00 $0.00 $2,500.00
79999 AXON EVIDENCE - IMPLEMENTATION FOR AUTO
TAGGING/PERFORMANCE 1 $3,000.00 $3,000.00 $3,000.00 $0.00 $3,000.00 85144 AXON BODY - PSO - STARTER 1 $13,000.00 $13,000.00 $13,000.00 $0.00 $13,000.00 Total $439,560.00 $20,908.53 $460,468.53
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Delivery Schedule
Hardware
Bundle Item Description QTY Shipping Location Estimated Delivery Date
AB4 Camera Bundle 100147 AXON BODY 4 - CAMERA - NA US FIRST RESPONDER BLK RAPIDLOCK 43 1 08/01/2024 AB4 Camera Bundle 100147 AXON BODY 4 - CAMERA - NA US FIRST RESPONDER BLK RAPIDLOCK 1 1 08/01/2024 AB4 Camera Bundle 100466 AXON BODY 4 - CABLE - USB-C TO USB-C 48 1 08/01/2024 AB4 Camera Bundle 74020 MAGNET MOUNT, FLEXIBLE, AXON RAPIDLOCK 48 1 08/01/2024 AB4 Multi Bay Dock Bundle 100206 AXON BODY 4 - DOCK - EIGHT BAY 8 1 08/01/2024 AB4 Multi Bay Dock Bundle 70033 AXON - DOCK WALL MOUNT - BRACKET ASSY 8 1 08/01/2024 AB4 Multi Bay Dock Bundle 71019 AXON BODY - DOCK POWERCORD - NORTH AMERICA 8 1 08/01/2024 BUNDLE - TASER 10 CERTIFICATION 100390 AXON TASER 10 - HANDLE - YELLOW CLASS 3R 34 2 08/01/2024 BUNDLE - TASER 10 CERTIFICATION 100390 AXON TASER 10 - HANDLE - YELLOW CLASS 3R 1 2 08/01/2024 BUNDLE - TASER 10 CERTIFICATION 100393 AXON TASER 10 - MAGAZINE - LIVE DUTY BLACK 34 1 08/01/2024 BUNDLE - TASER 10 CERTIFICATION 100393 AXON TASER 10 - MAGAZINE - LIVE DUTY BLACK 1 1 08/01/2024 BUNDLE - TASER 10 CERTIFICATION 100394 AXON TASER 10 - MAGAZINE - HALT TRAINING BLUE 4 1 08/01/2024 BUNDLE - TASER 10 CERTIFICATION 100395 AXON TASER 10 - MAGAZINE - LIVE TRAINING PURPLE 3 1 08/01/2024 BUNDLE - TASER 10 CERTIFICATION 100396 AXON TASER 10 - MAGAZINE - INERT RED 30 1 08/01/2024 BUNDLE - TASER 10 CERTIFICATION 100399 TASER 10 LIVE CARTRIDGE 680 1 08/01/2024 BUNDLE - TASER 10 CERTIFICATION 100400 AXON TASER 10 - CARTRIDGE - HALT 210 1 08/01/2024 BUNDLE - TASER 10 CERTIFICATION 100401 AXON TASER 10 - CARTRIDGE - INERT 300 1 08/01/2024 BUNDLE - TASER 10 CERTIFICATION 100611 AXON TASER 10 - SAFARILAND HOLSTER - RH 34 1 08/01/2024 BUNDLE - TASER 10 CERTIFICATION 100623 AXON TASER - TRAINING - ENHANCED HALT SUIT V2 1 1 08/01/2024 BUNDLE - TASER 10 CERTIFICATION 20018 AXON TASER - BATTERY PACK - TACTICAL 34 1 08/01/2024 BUNDLE - TASER 10 CERTIFICATION 20018 AXON TASER - BATTERY PACK - TACTICAL 6 1 08/01/2024 BUNDLE - TASER 10 CERTIFICATION 20018 AXON TASER - BATTERY PACK - TACTICAL 1 1 08/01/2024 BUNDLE - TASER 10 CERTIFICATION 70033 AXON - DOCK WALL MOUNT - BRACKET ASSY 1 1 08/01/2024 BUNDLE - TASER 10 CERTIFICATION 71019 AXON BODY - DOCK POWERCORD - NORTH AMERICA 1 1 08/01/2024 BUNDLE - TASER 10 CERTIFICATION 74200 AXON TASER - DOCK - SIX BAY PLUS CORE 1 1 08/01/2024 BUNDLE - TASER 10 CERTIFICATION 80087 AXON TASER - TARGET - CONDUCTIVE PROFESSIONAL RUGGEDIZED 1 1 08/01/2024 BUNDLE - TASER 10 CERTIFICATION 80090 AXON TASER - TARGET FRAME - PROFESSIONAL 27.5 IN X 75 IN 1 1 08/01/2024 BUNDLE - TASER 10 CERTIFICATION 100399 TASER 10 LIVE CARTRIDGE 110 1 08/01/2025 BUNDLE - TASER 10 CERTIFICATION 100400 AXON TASER 10 - CARTRIDGE - HALT 280 1 08/01/2025 BUNDLE - TASER 10 CERTIFICATION 100399 TASER 10 LIVE CARTRIDGE 100 1 08/01/2026 BUNDLE - TASER 10 CERTIFICATION 100400 AXON TASER 10 - CARTRIDGE - HALT 270 1 08/01/2026 Body Worn Camera Multi-Bay Dock TAP Bundle 73689 AXON BODY - TAP REFRESH 1 - DOCK MULTI BAY 8 1 02/01/2027 Body Worn Camera TAP Bundle 73309 AXON BODY - TAP REFRESH 1 - CAMERA 44 1 02/01/2027 BUNDLE - TASER 10 CERTIFICATION 100399 TASER 10 LIVE CARTRIDGE 100 1 08/01/2027 BUNDLE - TASER 10 CERTIFICATION 100400 AXON TASER 10 - CARTRIDGE - HALT 270 1 08/01/2027 BUNDLE - TASER 10 CERTIFICATION 100399 TASER 10 LIVE CARTRIDGE 100 1 08/01/2028 BUNDLE - TASER 10 CERTIFICATION 100400 AXON TASER 10 - CARTRIDGE - HALT 270 1 08/01/2028 Body Worn Camera Multi-Bay Dock TAP Bundle 73688 AXON BODY - TAP REFRESH 2 - DOCK MULTI BAY 8 1 08/01/2029 Body Worn Camera TAP Bundle 73310 AXON BODY - TAP REFRESH 2 - CAMERA 44 1 08/01/2029
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Software
Bundle Item Description QTY Estimated Start Date Estimated End Date Basic License Bundle 73683 AXON EVIDENCE - STORAGE - 10GB A LA CARTE 40 09/01/2024 08/31/2029 Basic License Bundle 73840 AXON EVIDENCE - ECOM LICENSE - BASIC 40 09/01/2024 08/31/2029 BUNDLE - TASER 10 CERTIFICATION 101180 AXON TASER - DATA SCIENCE PROGRAM 34 09/01/2024 08/31/2029 BUNDLE - TASER 10 CERTIFICATION 20248 AXON TASER - EVIDENCE.COM LICENSE 34 09/01/2024 08/31/2029 BUNDLE - TASER 10 CERTIFICATION 20248 AXON TASER - EVIDENCE.COM LICENSE 1 09/01/2024 08/31/2029 Pro License Bundle 73683 AXON EVIDENCE - STORAGE - 10GB A LA CARTE 15 09/01/2024 08/31/2029 Pro License Bundle 73746 AXON EVIDENCE - ECOM LICENSE - PRO 5 09/01/2024 08/31/2029 A la Carte 73682 AXON EVIDENCE - AUTO TAGGING LICENSE 43 09/01/2024 08/31/2029 A la Carte 73686 AXON EVIDENCE - STORAGE - UNLIMITED (AXON DEVICE) 43 09/01/2024 08/31/2029 Services
Bundle Item Description QTY
BUNDLE - TASER 10 CERTIFICATION 100751 AXON TASER 10 - REPLACEMENT ACCESS PROGRAM - DUTY CARTRIDGE 34 BUNDLE - TASER 10 CERTIFICATION 101193 AXON TASER - ON DEMAND CERTIFICATION 1 A la Carte 101208 AXON TASER 10 - 2 DAY INSTRUCTOR COURSE - INSIDE SALES 1 A la Carte 79999 AXON EVIDENCE - IMPLEMENTATION FOR AUTO TAGGING/PERFORMANCE 1 A la Carte 85144 AXON BODY - PSO - STARTER 1
Warranties
Bundle Item Description QTY Estimated Start Date Estimated End Date Body Worn Camera Multi-Bay Dock TAP Bundle 80465 AXON BODY - TAP WARRANTY - MULTI BAY DOCK 8 08/01/2025 08/31/2029 Body Worn Camera TAP Bundle 80464 AXON BODY - TAP WARRANTY - CAMERA 43 08/01/2025 08/31/2029 Body Worn Camera TAP Bundle 80464 AXON BODY - TAP WARRANTY - CAMERA 1 08/01/2025 08/31/2029 BUNDLE - TASER 10 CERTIFICATION 100704 AXON TASER 10 - EXT WARRANTY - HANDLE 34 08/01/2025 08/31/2029 BUNDLE - TASER 10 CERTIFICATION 100704 AXON TASER 10 - EXT WARRANTY - HANDLE 1 08/01/2025 08/31/2029 BUNDLE - TASER 10 CERTIFICATION 80374 AXON TASER 7 - EXT WARRANTY - BATTERY PACK 34 08/01/2025 08/31/2029 BUNDLE - TASER 10 CERTIFICATION 80374 AXON TASER 7 - EXT WARRANTY - BATTERY PACK 1 08/01/2025 08/31/2029 BUNDLE - TASER 10 CERTIFICATION 80374 AXON TASER 7 - EXT WARRANTY - BATTERY PACK 6 08/01/2025 08/31/2029 BUNDLE - TASER 10 CERTIFICATION 80396 AXON TASER 7 - EXT WARRANTY - DOCK SIX BAY 1 08/01/2025 08/31/2029
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Shipping Locations
Location Number Street City State Zip Country
1 1030 E Hillsdale Blvd Foster City CA 94404-1604 USA
2 1030 E Hillsdale Blvd Foster City CA 94404-1604 USA
Payment Details
Aug 2024
Invoice Plan Item Description Qty Subtotal Tax Total
Upfront PSO + HW 101208 AXON TASER 10 - 2 DAY INSTRUCTOR COURSE - INSIDE SALES 1 $2,500.00 $0.00 $2,500.00 Upfront PSO + HW 79999 AXON EVIDENCE - IMPLEMENTATION FOR AUTO TAGGING/PERFORMANCE 1 $3,000.00 $0.00 $3,000.00 Upfront PSO + HW 85144 AXON BODY - PSO - STARTER 1 $13,000.00 $0.00 $13,000.00 Upfront PSO + HW H00001 AB4 Camera Bundle 43 $0.00 $0.00 $0.00 Upfront PSO + HW H00002 AB4 Multi Bay Dock Bundle 8 $851.20 $79.79 $930.99 Year 1 73682 AXON EVIDENCE - AUTO TAGGING LICENSE 43 $7,970.63 $0.00 $7,970.63 Year 1 73686 AXON EVIDENCE - STORAGE - UNLIMITED (AXON DEVICE) 43 $19,922.91 $0.00 $19,922.91 Year 1 BasicLicense Basic License Bundle 40 $11,104.73 $0.00 $11,104.73 Year 1 BWCamMBDTAP Body Worn Camera Multi-Bay Dock TAP Bundle 8 $4,929.81 $372.63 $5,302.44 Year 1 BWCamTAP Body Worn Camera TAP Bundle 43 $24,830.16 $1,808.62 $26,638.78 Year 1 C00010 BUNDLE - TASER 10 CERTIFICATION 34 $47,189.27 $3,749.47 $50,938.74 Year 1 ProLicense Pro License Bundle 5 $3,701.29 $0.00 $3,701.29 Total $139,000.00 $6,010.51 $145,010.51
Sep 2024
Invoice Plan Item Description Qty Subtotal Tax Total
Invoice Upon Fulfillment BWCamMBDTAP Body Worn Camera Multi-Bay Dock TAP Bundle 8 $0.00 $0.00 $0.00 Total $0.00 $0.00 $0.00
Aug 2025
Invoice Plan Item Description Qty Subtotal Tax Total
Year 2 73682 AXON EVIDENCE - AUTO TAGGING LICENSE 43 $5,005.59 $0.00 $5,005.59 Year 2 73686 AXON EVIDENCE - STORAGE - UNLIMITED (AXON DEVICE) 43 $12,511.68 $0.00 $12,511.68 Year 2 BasicLicense Basic License Bundle 40 $6,973.82 $0.00 $6,973.82 Year 2 BWCamMBDTAP Body Worn Camera Multi-Bay Dock TAP Bundle 8 $3,095.95 $234.02 $3,329.97 Year 2 BWCamTAP Body Worn Camera TAP Bundle 43 $15,593.46 $1,135.82 $16,729.28 Year 2 C00010 BUNDLE - TASER 10 CERTIFICATION 34 $29,635.07 $2,354.64 $31,989.71 Year 2 ProLicense Pro License Bundle 5 $2,324.43 $0.00 $2,324.43 Total $75,140.00 $3,724.48 $78,864.48
Aug 2026
Invoice Plan Item Description Qty Subtotal Tax Total
Year 3 73682 AXON EVIDENCE - AUTO TAGGING LICENSE 43 $5,005.59 $0.00 $5,005.59 Year 3 73686 AXON EVIDENCE - STORAGE - UNLIMITED (AXON DEVICE) 43 $12,511.68 $0.00 $12,511.68 Year 3 BasicLicense Basic License Bundle 40 $6,973.82 $0.00 $6,973.82 Year 3 BWCamMBDTAP Body Worn Camera Multi-Bay Dock TAP Bundle 8 $3,095.95 $234.02 $3,329.97
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Aug 2026
Invoice Plan Item Description Qty Subtotal Tax Total
Year 3 BWCamTAP Body Worn Camera TAP Bundle 43 $15,593.46 $1,135.82 $16,729.28 Year 3 C00010 BUNDLE - TASER 10 CERTIFICATION 34 $29,635.07 $2,354.64 $31,989.71 Year 3 ProLicense Pro License Bundle 5 $2,324.43 $0.00 $2,324.43 Total $75,140.00 $3,724.48 $78,864.48
Aug 2027
Invoice Plan Item Description Qty Subtotal Tax Total
Year 4 73682 AXON EVIDENCE - AUTO TAGGING LICENSE 43 $5,005.59 $0.00 $5,005.59 Year 4 73686 AXON EVIDENCE - STORAGE - UNLIMITED (AXON DEVICE) 43 $12,511.68 $0.00 $12,511.68 Year 4 BasicLicense Basic License Bundle 40 $6,973.82 $0.00 $6,973.82 Year 4 BWCamMBDTAP Body Worn Camera Multi-Bay Dock TAP Bundle 8 $3,095.95 $234.02 $3,329.97 Year 4 BWCamTAP Body Worn Camera TAP Bundle 43 $15,593.46 $1,135.82 $16,729.28 Year 4 C00010 BUNDLE - TASER 10 CERTIFICATION 34 $29,635.07 $2,354.64 $31,989.71 Year 4 ProLicense Pro License Bundle 5 $2,324.43 $0.00 $2,324.43 Total $75,140.00 $3,724.48 $78,864.48
Aug 2028
Invoice Plan Item Description Qty Subtotal Tax Total
Year 5 73682 AXON EVIDENCE - AUTO TAGGING LICENSE 43 $5,005.59 $0.00 $5,005.59 Year 5 73686 AXON EVIDENCE - STORAGE - UNLIMITED (AXON DEVICE) 43 $12,511.67 $0.00 $12,511.67 Year 5 BasicLicense Basic License Bundle 40 $6,973.82 $0.00 $6,973.82 Year 5 BWCamMBDTAP Body Worn Camera Multi-Bay Dock TAP Bundle 8 $3,095.95 $234.01 $3,329.96 Year 5 BWCamTAP Body Worn Camera TAP Bundle 43 $15,593.47 $1,135.85 $16,729.32 Year 5 C00010 BUNDLE - TASER 10 CERTIFICATION 34 $29,635.07 $2,354.72 $31,989.79 Year 5 ProLicense Pro License Bundle 5 $2,324.43 $0.00 $2,324.43 Total $75,140.00 $3,724.58 $78,864.58
5.12 Attachment 2 - Axon Enterprise, Inc Quote
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Tax is estimated based on rates applicable at date of quote and subject to change at time of invoicing. If a tax exemption certificate should be applied, please submit prior to invoicing.
Standard Terms and Conditions
Axon Enterprise Inc. Sales Terms and Conditions
Axon Master Services and Purchasing Agreement:
This Quote is limited to and conditional upon your acceptance of the provisions set forth herein and Axon’s Master Services and Purchasing Agreement (posted at www.axon.com/legal/sales-terms-and-conditions), as well as the attached Statement of Work (SOW) for Axon Fleet and/or Axon Interview Room purchase, if applicable. In the event you and Axon have entered into a prior agreement to govern all future purchases, that agreement shall govern to the extent it includes the products and services being purchased and does not conflict with the Axon Customer Experience Improvement Program Appendix as described below.
ACEIP:
The Axon Customer Experience Improvement Program Appendix, which includes the sharing of de-identified segments of Agency Content with Axon to develop new products and improve your product experience (posted at www.axon.com/legal/sales-terms-and-conditions), is incorporated herein by reference. By signing below, you agree to the terms of the Axon Customer Experience Improvement Program.
Acceptance of Terms:
Any purchase order issued in response to this Quote is subject solely to the above referenced terms and conditions. By signing below, you represent that you are lawfully able to enter into contracts. If you are signing on behalf of an entity (including but not limited to the company, municipality, or government agency for whom you work), you represent to Axon that you have legal authority to bind that entity. If you do not have this authority, please do not sign this Quote.
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\s1\ \d1\
Signature Date Signed
3/26/2024
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Axon Enterprise, Inc. Energy Weapon and Axon System Sole Source Letter Version 42.0 Page 1
3/25/2024
To: Foster City Police Department
Re: Sole Source Letter for Axon Enterprise, Inc.’s TASER Energy Weapons, Axon brand products, and Axon Evidence (Evidence.com) Data Management Solutions A sole source justification exists because the following goods and services required to satisfy the agency’s needs are only manufactured and available for purchase from Axon Enterprise. Axon is also the sole distributor and retailer of all TASER brand products for the agency identified in this letter.
TASER Energy Weapon Descriptions
TASER 7 Energy Weapon
• Multiple-shot energy weapon
• High-efficiency flashlight
• Close Quarter and Standoff cartridges
• Green LASER and dual red LASERs that adjust for cartridge angle • Arc switch enables drive-stun with or without a TASER 7 Cartridge installed • Central Information Display (CID): Displays mission critical data such as remaining battery energy, burst time, and cartridge status.
• Weapon logs
• TASER 7 Dock connected to Axon Evidence (Evidence.com) services • Onboard self-diagnostic and system status monitoring and reporting • Real-time clock updated when the battery pack is plugged into the TASER 7 Dock • Ambidextrous safety switch
• Can be configured by the agency to alert Axon camera systems • The trigger activates a single cycle (approximately five seconds). Holding the trigger down will continue the discharge beyond the standard cycle (unless configured by the agency to stop at five seconds). The energy weapon cycle can be stopped by placing the safety switch in the down (SAFE) position.
• Compatible with TASER 7 Cartridges only
TASER 7 CQ Energy Weapon
• Multiple-shot energy weapon for agencies that deploy energy weapons mostly at close quarters (CQ)
• High-efficiency flashlight
• Close Quarter cartridges
• Arc switch enables drive-stun with or without a TASER 7 Cartridge installed • Central Information Display (CID): Displays mission critical data such as remaining battery energy, burst time, and cartridge status.
• Weapon logs
• TASER 7 Dock connected to Axon Evidence (Evidence.com) services
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Axon Enterprise, Inc. Energy Weapon and Axon System Sole Source Letter Version 42.0 Page 2 • Onboard self-diagnostic and system status monitoring and reporting • Real-time clock updated when the battery pack is plugged into the TASER 7 Dock • Ambidextrous safety switch
• Can be configured by the agency to alert Axon camera systems • The trigger activates a single cycle (approximately five seconds). Holding the trigger down will continue the discharge beyond the standard cycle (unless configured by the agency to stop at five seconds). The energy weapon cycle can be stopped by placing the safety switch in the down (SAFE) position.
• Compatible with 12-degree TASER 7 Cartridges only
X2 Energy Weapon
• Multiple-shot energy weapon
• High efficiency flashlight
• Static dual LASERs (used for target acquisition)
• ARC switch enables drive-stun with or without a Smart Cartridge installed • Central Information Display (CID): Displays mission-critical data such as remaining battery energy, burst time, operating mode, and user menu to change settings and view data on a yellow-on-black display
• The Trilogy log system records information from a variety of sensors into three data logs: Event log, Pulse log, and Engineering log. Data can be downloaded using a universal serial bus (USB) data interface module connected to a personal computer (PC). Data may be transferred to Evidence.com services. • Real-time clock with back-up battery
• Onboard self-diagnostic and system status monitoring and reporting • Ambidextrous safety switch
• Capable of audio/video recording with optional TASER CAM HD recorder • The trigger activates a single cycle (approximately five seconds). Holding the trigger down will continue the discharge beyond the standard cycle (except when used with an APPM or TASER CAM HD AS). The energy weapon cycle can be stopped by placing the safety switch in the down (SAFE) position
• Compatible with TASER Smart Cartridges only
X26P Energy Weapon
• High efficiency flashlight
• Red LASER (used for target acquisition)
• Central Information Display (CID): Displays data such as calculated remaining energy, burst time, and notifications
• The Trilogy log system records information from a variety of sensors into three data logs: Event log, Pulse log, and Engineering log. Data can be downloaded using a universal serial bus (USB) data interface module connected to a personal computer (PC). Data may be transferred to Evidence.com services. • Real-time clock with back-up battery
• Onboard self-diagnostic and system status monitoring and reporting • Ambidextrous safety switch
• Capable of audio/video recording with optional TASER CAM HD recorder • The trigger activates a single cycle (approximately five seconds). Holding the trigger down will continue the discharge beyond the standard cycle (except when used with
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Axon Enterprise, Inc. Energy Weapon and Axon System Sole Source Letter Version 42.0 Page 3 an APPM or TASER CAM HD AS). The energy weapon cycle can be stopped by placing the safety switch in the down (SAFE) position.
• Compatible with TASER standard series cartridges
Axon Signal Performance Power Magazine (SPPM)
• Battery pack for the X2 and X26P conducted energy weapons • Shifting the safety switch from the down (SAFE) to the up (ARMED) positions sends a signal from the SPPM. Upon processing the signal, an Axon system equipped with Axon Signal technology transitions from the BUFFERING to EVENT mode. Axon Signal technology only works with Axon cameras.
TASER Brand Energy Weapon Model Numbers
1. Energy Weapons:
• TASER 7 Models: 20008, 20009, 20010, and 20011
• TASER 7 CQ Models 20213, 20214
• TASER X2 Models: 22002 and 22003
• TASER X26P Models: 11002 and 11003
2. Optional Extended Warranties for Energy Weapons:
• TASER 7 – 4-year extended warranty, item number 20040 • X2 – 4-year extended warranty, item number 22014
• X26P – 2-year extended warranty, item number 11008
• X26P – 4-year extended warranty, item number 11004
3. TASER 7 Cartridges (compatible with the TASER 7; required for this Energy Weapon to function in the probe deployment mode)
• Standoff cartridge, 3.5 degrees, Model 22175
• Close Quarter cartridge, 12 degrees, Model 22176
• Hook and Loop Training (HALT) cartridge, 3.5 degrees, Model 22177 • Hook and Loop Training (HALT) cartridge, 12 degrees, Model 22178 • Inert cartridge, 3.5 degrees, Model 22179
• Inert cartridge, 12 degrees, Model 22181
4. TASER standard cartridges (compatible with the X26P; required for this Energy Weapon to function in the probe deployment mode):
• 15-foot Model: 22188
• 21-foot Model: 22189
• 21-foot non-conductive Model: 44205
• 25-foot Model: 22190
5. TASER Smart cartridges (compatible with the X2; required for this Energy Weapon to function in the probe deployment mode):
• 15-foot Model: 22184
• 25-foot Model: 22185
• 25-foot inert simulation Model: 22155
• 25-foot non-conductive Model: 22157
6. Battery Packs for TASER 7 Energy Weapons:
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Axon Enterprise, Inc. Energy Weapon and Axon System Sole Source Letter Version 42.0 Page 4 • Tactical battery pack Model 22018
• Compact battery pack Model 22019
• Non-Rechargeable battery pack Model 22020
• Disconnect battery pack Model 20027
7. TASER CAM HD recorder Model: 26810 (full HD video and audio) and TASER CAM HD with AS (automatic shut-down feature) Model: 26820. The TASER CAM HD is compatible with both the X26P and X2 energy weapons.
• TASER CAM HD replacement battery Model: 26764
• TASER CAM HD Download Kit Model: 26762
• TASER CAM HD optional 4-year extended warranty, item number 26763
8. Battery Packs for X26P and X2 Energy Weapons:
• Performance Power Magazine (PPM) Model: 22010
• Tactical Performance Power Magazine (TPPM) Model: 22012 • Automatic Shut-Down Performance Power Magazine (APPM) Model: 22011 • eXtended Performance Power Magazine (XPPM) Model: 11010 • eXtended Automatic Shut-Down Performance Power Magazine (XAPPM) Model:
11015
• Axon Signal Performance Power Magazine (SPPM) Model: 70116
9. TASER 7 Dock:
• TASER 7 Dock Core and Multi-bay Module: 74200
• TASER 7 Dock Core and Single-bay Module: 74201
• TASER 7 Dock Single Bay Dataport: 74208
10. TASER Dataport Download Kits:
• Dataport Download Kit for the X2 and X26P Model: 22013
11. TASER Blast Door Repair Kit Model 44019 and TASER Blast Door Replenishment Kit Model 44023
12. Energy Weapon Holsters:
• Right-hand TASER 7 holster by Safariland Model: 20063 • Left-hand TASER 7 holster by Safariland Model: 20068
• Right-hand TASER 7 holster with cartridge carrier by Safariland Model: 20160 • Left-hand TASER 7 holster by with cartridge carrier by Safariland Model: 20161 • Right-hand X2 holster by BLACKHAWK Model: 22501
• Left-hand X2 holster by BLACKHAWK Model: 22504
• Right-hand X26P holster by BLACKHAWK Model: 11501
• Left-hand X26P holster by BLACKHAWK Model: 11504
13. TASER Simulation Suit II Model 44550
14. TASER 7 conductive target Model: 80087
15. Blue X26P Demonstrator/LASER Pointer Model: 11023
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Axon Enterprise, Inc. Energy Weapon and Axon System Sole Source Letter Version 42.0 Page 5 Axon Digital Evidence Solution Description
Axon Body 3 Video Camera (DVR)
• Improved video quality with reduced motion blur and better low-light performance • Multi-mic audio—four built-in microphones
• Wireless upload option
• Gunshot detection and alerts
• Streaming audio and video capability
• “Find my camera” feature
• Verbal transcription with Axon Records (coming soon)
• End-to-end encryption
• Twelve-hour battery
• Up to 120-second buffering period to record footage before pressing record button Axon Flex 2 Video Camera
• Video playback on mobile devices in the field via Bluetooth pairing • Retina Low Light capability sensitive to less than 0.1 lux • Audio tones to alert user of usage
• Low SD, high SD, low HD, and high HD resolution (customizable by the agency) • Up to 120-second buffering period to record footage before pressing record button • Multiple mounting options using magnetic attachment: head, collar, shoulder, helmet, ball cap, car dash, and Oakley sunglass mounts available • 120-degree diagonal field of view camera lens, 102-degree horizontal field of view, and 55-degree vertical field of view
Axon Flex 2 Controller
• 12+ hours of battery operation per shift (even in recording mode) • LED lights to show current battery level and operating mode • Haptic notification available
• Tactical beveled button design for use in pocket
• Compatible with Axon Signal technology
Axon Air System
• Purpose-built solution for law enforcement UAV programs • Supported applications on iOS and Android
• Automated tracking of pilot, aircraft, and flight logs • Unlimited Storage of UAV data in Axon Evidence (Evidence.com) • In application ingestion of data in Axon Evidence (Evidence.com) • Axon Aware integration for live streaming and situational awareness Axon Body 2 Video Camera
• Video playback on mobile devices in the field via Bluetooth pairing • Retina Low Light capability sensitive to less than 1 lux • Audio tones and haptic (vibration) notification to alert user of usage • Audio mute during event option
• Wi-Fi capability
• High, medium, and low quality recording available (customizable by the agency) • Up to 2-minute buffering period to record footage before pressing record button
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Axon Enterprise, Inc. Energy Weapon and Axon System Sole Source Letter Version 42.0 Page 6 • Multiple mounting options using holster attachment: shirt, vest, belt, and dash mounts available
• 12+ hours of battery operation per shift (even in recording mode) • LED lights to show current battery level and operating mode • 143-degree lens
• Includes Axon Signal technology
Axon Fleet 3 Camera
• High-definition Dual-View Camera with panoramic field of view, 12x zoom, and AI processing for automatic license plate reader (ALPR)
• High-definition Interior Camera with infrared illumination for back seat view in complete darkness
• Wireless Mic and Charging Base for capturing audio when outside of vehicle • Fleet Hub with connectivity, global navigation satellite system (GNSS), secure solid - state storage, and Signal inputs
• Automatic transition from Buffering to Event mode with configurable Signals • Video Recall records last 24 hours of each camera in case camera not activated for an event
• Intuitive mobile data terminal app, Axon Dashboard, for controlling system, reviewing video, quick tagging, and more
• Ability to efficiently categorize, play back and share all video and audio alongside other digital files on Evidence.com
• Multi-cam playback, for reviewing up to four videos, including body-worn and in-car footage, at the same time
• Fully integrated with Evidence.com services and Axon devices • Automatic time synchronization with all Axon Fleet and other Axon on-officer cameras allows for multi-camera playback on Evidence.com. • Prioritized upload to Evidence.com of critical event videos via 4G/LTE • Wireless alerts from the TASER CEW Signal Performance Power Magazine (SPPM) and Signal Side Arm (SSA).
• Best-in-class install times, wireless updates and quick remote troubleshooting • Optional Axon Aware live stream, alerts, and location updates for situational awareness
• Optional Axon ALPR hotlist alerts, plate read retention, and investigative search Axon Fleet 2 Camera
• Fully integrated with Axon Evidence services and Axon devices • Automatic time synchronization with other Axon Fleet and Axon on-officer cameras allows for multi-camera playback on Axon Evidence.
• Immediate upload to Axon Evidence of critical event videos via 4G/LTE • Wireless alerts from the TASER energy weapon Signal Performance Power Magazine (SPPM).
• Automatic transition from BUFFERING to EVENT mode in an emergency vehicle equipped with the Axon Signal Unit
• Decentralized system architecture without a central digital video recorder (DVR). • Cameras that function independently and communicate wirelessly with the computer in the vehicle (MDT, MDC, MDU) for reviewing, tagging and uploading video. • Wireless record alert based on Bluetooth communication from Axon Signal Vehicle
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Axon Enterprise, Inc. Energy Weapon and Axon System Sole Source Letter Version 42.0 Page 7 when a configured input is enabled (e.g. emergency light, siren, weapon rack, etc.). • Receives alerts from Axon Signal Sidearm.
• Plug-And-Play design allowing for cameras to be easily replaced and upgraded. • Ability for an unlimited number of agency vehicles recording in the same vicinity with an Axon Fleet system to be automatically associated with one another when reviewing video in the video management platform. This feature is also supported across body cameras.
Axon Signal Unit (ASU)
• Communications device that can be installed in emergency vehicles. • With emergency vehicle light bar activation, or other activation triggers, the Axon Signal Unit sends a signal. Upon processing the signal, an Axon system equipped with Axon Signal technology transitions from the BUFFERING to EVENT mode.
Axon Signal Performance Power Magazine (SPPM)
• Battery pack for the TASER X2 and X26P conducted electrical weapons • Shifting the safety switch from the down (SAFE) to the up (ARMED) positions sends a signal from the SPPM. Upon processing the signal, an Axon system equipped with Axon Signal technology transitions from the BUFFERING to EVENT mode. Axon Signal technology only works with Axon cameras.
Axon Signal Sidearm Sensor
• Can be installed on common duty holsters
• Drawing a service handgun from the holster sends a signal from the Axon Signal Sidearm sensor. Upon processing the signal, an Axon system equipped with Axon Signal technology transitions from the BUFFERING to EVENT mode.
Axon Interview Solution
• High-definition cameras and microphones for interview rooms • Covert or overt camera installations
• Touch-screen user interface
• Motion-based activation
• Up to 7-minute pre- and post-event buffering period
• Full hardware and software integration
• Upload to Axon Evidence services
• Interview room files can be managed under the same case umbrella as files from Axon on-officer cameras and Axon Fleet cameras; i.e., Axon video of an arrest and interview room video are managed as part of the same case in Axon Evidence • Dual integration of on-officer camera and interview room camera with Axon Evidence digital evidence solution
Axon Signal Technology
• Sends a broadcast of status that compatible devices recognize when certain status changes are detected
• Only compatible with TASER and Axon products
Axon Dock
• Automated docking station uploads to Axon Evidence services through Internet connection
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Axon Enterprise, Inc. Energy Weapon and Axon System Sole Source Letter Version 42.0 Page 8 • No computer necessary for secure upload to Axon Evidence • Charges and uploads simultaneously
• The Axon Dock is tested and certified by TUV Rheinland to be in compliance with UL 60950-1: 2007 R10.14 and CAN/ CSA-C22.2 N0.60950-l-07+Al:2011+A2:2014 Information Technology Equipment safety standards.
Axon Evidence Data Management System
• Software as a Service (SaaS) delivery model that allows agencies to manage and share digital evidence without local storage infrastructure or software needed • SaaS model reduces security and administration by local IT staff: no local installation required
• Automatic, timely security upgrades and enhancements deployed to application without the need for any local IT staff involvement
• Securely share digital evidence with other agencies or prosecutors without creating copies or requiring the data to leave your agency’s domain of control • Controlled access to evidence based on pre-defined roles and permissions and pre- defined individuals
• Password authentication includes customizable security parameters: customizable password complexity, IP-based access restrictions, and multi-factor authentication support
• Automated category-based evidence retention policies assists with efficient database management
• Ability to recover deleted evidence within seven days of deletion • Stores and supports all major digital file types: .mpeg, .doc, .pdf, .jpeg, etc. • Requires NO proprietary file formats
• Ability to upload files directly from the computer to Axon Evidence via an Internet browser
• Data Security: Robust Transport Layer Security (TLS) implementation for data in transit and 256-bit AES encryption for data in storage
• Security Testing: Independent security firms perform in-depth security and penetration testing
• Reliability: Fault- and disaster-tolerant infrastructure in at least 4 redundant data centers in both the East and West regions of the United States • Chain-of-Custody: Audit logs automatically track all system and user activity. These logs cannot be edited or deleted, even by account administrators and IT staff • Protection: With no on-site application, critical evidence stored in Axon Evidence is protected from local malware that may penetrate agency infrastructure • Stability: Axon Enterprise is a publicly traded company with stable finances and funding, reducing concerns of loss of application support or commercial viability • Application and data protected by a CJIS and ISO 27001 compliant information security program
• Dedicated information security department that protects Axon Evidence and data with security monitoring, centralized event log analysis and correlation, advanced threat and intrusion protection, and incident response capabilities • Redact videos easily within the system, create tags, markers and clips, search 7 fields in addition to 5 category-based fields, create cases for multiple evidence files Axon Evidence for Prosecutors
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Axon Enterprise, Inc. Energy Weapon and Axon System Sole Source Letter Version 42.0 Page 9 • All the benefits of the standard Axon Evidence services • Ability to share information during the discovery process • Standard licenses available for free to prosecutors working with agencies already using Axon Evidence services
• Unlimited storage for data collected by Axon cameras and Axon Capture Axon Capture Application
• Free app for iOS and Android mobile devices
• Allows users to capture videos, audio recordings, and photos and upload these files to their Axon Evidence account from the field
• Allows adding metadata to these files, such as: Category, Title, Case ID, and GPS data
Axon Commander Services
• On-premises data management platform
• Chain of custody reports with extensive audit trail
• Automated workflows, access control, storage, and retention • Compatible with multiple file formats
Axon View Application
• Free app for iOS and Android mobile devices
• Allows user to view the camera feed from a paired Axon Body, Axon Body 2, Axon Flex, or Axon Flex 2 camera in real-time
• Allows for playback of videos stored on a paired Axon Body, Axon Body 2, Axon Flex, or Axon Flex 2 system
• Allows adding meta-data to videos, such as: Category, Title, Case ID, and GPS data Axon Records
• Continuously improving automated report writing by leveraging AI and ML on officer recorded video, photo, and audio from BWC, In-Car, Mobile App (Axon Capture), or other digital media
• Collaborative report writing through instantly synced workspaces allowing officers to delegate information gathering on scene
• Instant access to records allowing detectives to begin their investigation and records clerks to update information exchanges on things like missing people or stolen property as soon as possible
• Complete leveraging of Axon Evidence sharing to allow fast, efficient, digital, and secure sharing of records and cases to DAs and Prosecutors • Robust API and SDK allows data to be easily ingested and pushed out to other systems—preventing data silos
• Deep integration with Axon Evidence putting video at the heart of the record and automating the process of tagging and categorizing digital evidence stored in Axon Evidence
• Automatic association of digital evidence to the record and incident through Axon Evidence integration
• In context search of master indexes (people, vehicles, locations, charges)— promoting efficient report writing through prefilling of existing data which promotes clean and deduped data in the system
• Quick views for users to track calls for service and reports in draft, ready for review,
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Axon Enterprise, Inc. Energy Weapon and Axon System Sole Source Letter Version 42.0 Page 10 kicked back for further information, or submitted to Records for archiving. • Federal and State IBRS fields are captured and validated—ensuring the officer knows what fields to fill and what information needs to be captured • Intuitive validation ensures officers know what information to submit without being burdened by understanding the mapping of NIBRS to state or local crime codes • Ability to create custom forms and add custom fields to incident reports—allowing your agency to gather the information you find valuable • Software as a Service (SaaS) delivery model that allows agencies to write, manage, and share digital incident reports without local storage infrastructure or software needed
• SaaS model reduces security and administration by local IT staff: no local installation required
• Automatic, timely security upgrades and enhancements deployed to application without the need for any local IT staff involvement
• Securely share records and cases with other agencies or prosecutors without creating copies or requiring the data to leave your agency’s domain of control • Controlled access based on pre-defined users, groups, and permissions • Password authentication includes customizable security parameters: customizable password complexity, IP-based access restrictions, and multi-factor authentication support
• Security Testing: Independent security firms perform in-depth security and penetration testing
• Reliability: Fault- and disaster-tolerant infrastructure in at least 4 redundant data centers in both the East and West regions of the United States • Chain-of-Custody: Audit logs automatically track all system and user activity. These logs cannot be edited or deleted, even by account administrators and IT staff Axon Standards
• Internal affairs and professional standards reporting • Customizable information display, including custom forms • Customizable workflows and user groups
• Automated alerts
• Compatible with digital documents, photos, and videos • Connection with Transcription (beta)
• Shared Index with evidence.com and Records
• Data Warehouse allowing custom summary reports and integration into 3rd party analytic tools.
• Workflow analytics to provide SLA on throughputs
• Integration with the TASER 7 energy weapon for automatically pulling firing logs (alpha)
• Available as an option for Axon Records
• Automatically bundled with Officer Safety Plan 7+
Axon Professional Services
• Dedicated implementation team
• Project management and deployment best practices aid
• Training and train-the-trainer sessions
• Integration services with other systems
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Axon Enterprise, Inc. Energy Weapon and Axon System Sole Source Letter Version 42.0 Page 11 Axon Support Engineer:
• Dedicated Axon Regional/Resident Support Engineer Services • Quarterly onsite visits
• Solution and Process Guidance custom to your agency
• White-Glove RMA and TAP (if applicable) Service for devices • Monthly Product Usage Analysis
• Resident Support Engineer also includes onsite product maintenance, troubleshooting, and beta testing assistance
Axon Customer Support
• Online and email-based support available 24/7
• Human phone-based support available Monday–Friday 7:00 AM–5:00 PM MST; support is located in Scottsdale, AZ, USA
• Library of webinars available 24/7
• Remote-location troubleshooting
Axon Brand Model Numbers
1. Axon Body 3 Camera Model: 73202
2. Axon Flex 2 Cameras:
• Axon Flex 2 Camera (online) Model: 11528
• Axon Flex 2 Camera (offline) Model: 11529
3. Axon Flex 2 Controller Model: 11532
4. Axon Flex 2 USB Sync Cable Model: 11534
5. Axon Flex 2 Coiled Cable, Straight to Right Angle, 48″ (1.2 m)
6. Axon Flex 2 Camera Mounts:
• Oakley Flak Jacket Kit Model: 11544
• Collar Mount Model: 11545
• Oakley Clip Model: 11554
• Epaulette Mount Model: 11546
• Ballcap Mount Model: 11547
• Ballistic Vest Mount Model: 11555
7. Universal Helmet Mount Model: 11548
8. Axon Air System with Axon Evidence (Evidence.com) 5-Year License Model: 12332
9. Axon Body 2 Camera Model: 74001
10. Axon Flex 2 Controller and Axon Body 2 Camera Mounts:
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Axon Enterprise, Inc. Energy Weapon and Axon System Sole Source Letter Version 42.0 Page 12 • Z-Bracket, Men’s, Axon RapidLock Model: 74018
• Z-Bracket, Women’s Axon RapidLock Model: 74019
• Magnet, Flexible, Axon RapidLock Model: 74020
• Magnet, Outerwear, Axon RapidLock Model: 74021
• Small Pocket, 4″ (10.1 cm), Axon RapidLock Model: 74022 • Large Pocket, 6″ (15.2 cm), Axon RapidLock Model: 74023 • MOLLE Mount, Single, Axon RapidLock Model: 11507
• MOLLE Mount, Double, Axon RapidLock Model: 11508
• Belt Clip Mount, Axon RapidLock Model: 11509
11. Axon Fleet Camera
• Axon Fleet 2 Front Camera: 71079
• Axon Fleet 2 Front Camera Mount: 71080
• Axon Fleet 2 Rear Camera: 71081
• Axon Fleet 2 Rear Camera Controller: 71082
• Axon Fleet 2 Rear Camera Controller Mount: 71083
• Axon Fleet Battery System: 74024
• Axon Fleet Bluetooth Dongle: 74027
• Axon Fleet 3 Dual View Camera: 72000
• Axon Fleet 3 Interior Camera: 72037
• Axon Fleet Hub: 72010
12. Axon Signal Unit Model: 70112
13. Axon Dock Models:
• Axon Body 3 Dock – 8-Bay Model AX1026
• Axon Body 3 Dock – 1-Bay Model AX1027
• Power cord for Axon Body 3 6-Bay and Axon Body 2 6-Bay and 1-Bay Docks Model:
71019
• Axon Dock – Individual Bay and Core for Axon Flex 2
• Axon Dock – 6-Bay and Core for Axon Flex 2
• Individual Bay for Axon Flex 2 Model: 11538
• Core (compatible with all Individual Bays and 6-Bays) Model: 70027 • Wall Mount Bracket Assembly for Axon Dock: 70033
• Axon Dock – Individual Bay and Core for Axon Body 2 and Axon Fleet Model 74009 • Axon Dock – 6-Bay and Core for Axon Body 2 and Axon Fleet Model 74008 • Individual Bay for Axon Body 2 and Axon Fleet Model: 74011 • Axon Signal Performance Power Magazine (SPPM) Model: 70116
Axon Brand Model Numbers
1. Axon Body 3 Camera Model: 73202
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Axon Enterprise, Inc. Energy Weapon and Axon System Sole Source Letter Version 42.0 Page 13
2. Axon Flex 2 Cameras:
• Axon Flex 2 Camera (online) Model: 11528
• Axon Flex 2 Camera (offline) Model: 11529
3. Axon Flex 2 Controller Model: 11532
4. Axon Flex 2 USB Sync Cable Model: 11534
5. Axon Flex 2 Coiled Cable, Straight to Right Angle, 48″ (1.2 m)
6. Axon Flex 2 Camera Mounts:
• Oakley Flak Jacket Kit Model: 11544
• Collar Mount Model: 11545
• Oakley Clip Model: 11554
• Epaulette Mount Model: 11546
• Ballcap Mount Model: 11547
• Ballistic Vest Mount Model: 11555
• Universal Helmet Mount Model: 11548
7. Axon Body 2 Camera Model: 74001
8. Axon Body 2 Camera Mounts:
• Axon RapidLock Velcro Mount Model: 74054
9. Axon Flex 2 Controller and Axon Body 2 Camera Mounts:
• Z-Bracket, Men’s, Axon RapidLock Model: 74018
• Z-Bracket, Women’s Axon RapidLock Model: 74019
• Magnet, Flexible, Axon RapidLock Model: 74020
• Magnet, Outerwear, Axon RapidLock Model: 74021
• Small Pocket, 4″ (10.1 cm), Axon RapidLock Model: 74022 • Large Pocket, 6″ (15.2 cm), Axon RapidLock Model: 74023 • MOLLE Mount, Single, Axon RapidLock Model: 11507
• MOLLE Mount, Double, Axon RapidLock Model: 11508
• Belt Clip Mount, Axon RapidLock Model: 11509
10. Axon Air System with Axon Evidence (Evidence.com) 5-Year License Model: 12332
11. Axon Fleet 2 Camera
• Axon Fleet 2 Front Camera: 71079
• Axon Fleet 2 Front Camera Mount: 71080
• Axon Fleet 2 Rear Camera: 71081
• Axon Fleet 2 Rear Camera Controller: 71082
• Axon Fleet 2 Rear Camera Controller Mount: 71083
• Axon Fleet Battery System: 74024
• Axon Fleet Bluetooth Dongle: 74027
12. Axon Signal Unit Model: 70112
13. Axon Dock Models:
• Axon Dock – Individual Bay and Core for Axon Flex 2
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Axon Enterprise, Inc. Energy Weapon and Axon System Sole Source Letter Version 42.0 Page 14 • Axon Dock – 6-Bay and Core for Axon Flex 2
• Individual Bay for Axon Flex 2 Model: 11538
• Core (compatible with all Individual Bays and 6-Bays) Model: 70027 • Wall Mount Bracket Assembly for Axon Dock: 70033
• Axon Dock – Individual Bay and Core for Axon Body 2 and Axon Fleet Model 74009 • Axon Dock – 6-Bay and Core for Axon Body 2 and Axon Fleet Model 74008 • Individual Bay for Axon Body 2 and Axon Fleet Model: 74011 TASER 7 Warranties
1. Tactical Battery Pack Model 20041
2. TASER 7 Dock and Core Warranty Model: 20042
3. TASER 7 Single Bay Dock and Core Warranty Model: 20047 Axon Product Packages
1. Officer Safety Plan: includes an X2 or X26P energy weapon, Axon camera and Dock upgrade, and Axon Evidence (Evidence.com) license and storage. See your Sales Representative for further details and Model numbers.
2. Officer Safety Plan 7Includes a TASER 7 energy weapon, Axon Body 3 camera, Axon Dock, Axon Camera and Dock upgrade, Axon Evidence (Evidence.com) licenses and storage, and Axon Aware, and Axon Records Core.
3. Officer Safety Plan 7 Plus: Includes a TASER 7 energy weapon, Axon Body 3 camera, Axon Evidence (Evidence.com) licenses and storage, Axon Records Core, Axon Aware +, Axon Auto-Tagging Services, Axon Performance, Axon Citizen for Communities, Axon Redaction Assistant, and Axon Signal Sidearm.
4. Officer Safety Plan 7 Plus Premium: Includes a TASER 7 energy weapon, Axon Body 3 camera, Axon Evidence (Evidence.com) licenses and storage, Axon Records Core, Axon Aware +, Axon Auto-Tagging Services, Axon Performance, Axon Citizen for Communities, Axon Redaction Assistant, Axon Signal Sidearm, Axon Auto-Transcribe, Axon VR Training, and unlimited first-party and unlimited third-party storage.
5. TASER 7 Basic: Pays for TASER 7 program in installments over 5 years including access to Axon Evidence services for energy weapon program management.
6. TASER Assurance Plan (TAP): Hardware extended warranty coverage, Spare Products, and Upgrade Models available for the X2 and X26P energy weapons, and the TASER CAM HD recorder. (The TAP is available only through Axon Enterprise, Inc.)
7. TASER 7 Certification: Pays for TASER 7 program in installments over 5 years including access to Evidence.com for energy weapon program management, annual training cartridges, unlimited duty cartridges and online training content.
8. TASER Certification Add-On: Allows the agency to pay an annual fee to receive an annual allotment of training cartridges, unlimited duty cartridges and online training content.
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Axon Enterprise, Inc. Energy Weapon and Axon System Sole Source Letter Version 42.0 Page 15
9. TASER 7 Certification with Virtual Reality (VR): Pays for the TASER 7 program in installments over 5 years including access to Evidence.com for energy weapon program management, annual training cartridges, unlimited duty cartridges, online training content, and VR training.
10. TASER 60: Pay for X2 and X26P energy weapons and Spare Products in installments over 5 years.
11. Unlimited Cartridge Plan: Allows agency to pay an annual fee to receive annual training cartridges, unlimited duty cartridges and unlimited batteries for the X2 and X26P.
12. TASER 60 Unlimited: Pay for X2 and X26P energy weapons and Spare Products in installments over 5 years and receive unlimited cartridges and batteries.
13. TASER 7 Close Quarters Dock Plan: Pays for TASER 7 Close Quarters Plan over a 5- year period in installments including access to Evidence.com for energy weapon program management, rechargeable batteries, annual cartridge shipments, unlimited duty cartridges, and access to online training.
14. Axon Core: Pays for the TASER 7 CQ, TASER Dock, weapon Axon Evidence license, training and duty cartridges, Axon Body 3 camera, Professional Axon Evidence license, unlimited storage, camera hardware upgrade every 2.5 years, Axon Respond, Axon Signal Sidearm, and auto tagging.
15. Axon Core+: Pays for the TASER 7 energy weapon, TASER Dock, weapon Axon Evidence license, training and duty cartridges, Axon Body 3 camera, Professional Axon Evidence license, unlimited storage, camera hardware upgrade every 2.5 years, Axon Respond, Axon Signal Sidearm, and auto tagging.
16. Corrections Officer Safety Plan: Includes a TASER 7 energy weapon, Axon Body 3 Camera, Axon Dock, Axon Camera and Dock Upgrade, Axon Evidence Licenses and unlimited Axon storage.
17. Corrections Post OSP: Includes one TASER 7 energy weapon for every two licenses, one Axon Body 3 Camera for every two licenses, Axon Dock, Axon Camera and Dock Upgrade, Axon Evidence Licenses and unlimited Axon storage for each license.
SOLE AUTHORIZED DISTRIBUTOR FOR
AXON BRAND CAMERAS AND TASER
BRAND ENERGY WEAPON PRODUCTS
SOLE AUTHORIZED REPAIR FACILITY
FOR AXON BRAND CAMERAS AND
TASER BRAND ENERGY WEAPON
PRODUCTS
Axon Enterprise, Inc.
17800 N. 85th Street, Scottsdale, AZ 85255
Phone: 800-978-2737
Fax: 480-991-0791
Axon Enterprise, Inc.
17800 N. 85th Street, Scottsdale, AZ 85255
Phone: 800-978-2737
Fax: 480-991-0791
Please contact your local Axon sales representative or call us at 1-800-978-2737 with any questions.
Sincerely,
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Axon Enterprise, Inc. Energy Weapon and Axon System Sole Source Letter Version 42.0 Page 16
Josh Isner
Chief Revenue Officer
Axon Enterprise, Inc.
Android is a trademark of Google, Inc, BLACKHAWK! is a trademark of the Blackhawk Products Group, Bluetooth is a trademark of the Bluetooth SIG, Flak Jacket is a trademark of Oakley, Inc, iPod touch is a trademark of Apple Inc., IOS is a trademark of Cisco, LTE is a trademark of the European Telecommunications Standards Institute, Safariland is a trademark of Safariland, LLC, Shoei is a trademark of Shoei Co., Ltd., VELCRO is a trademark of Velcro Industries, B.V., and Wi-Fi is a trademark of the Wi-Fi Alliance.
The Delta Logo, the Axon + Delta Logo, Axon, Axon Aware, Axon Citizen, Axon Evidence, Axon Flex, Axon Interview, Axon Records, Fleet, X2, X26P, TASER 7, TASER, and the Lightning Bolt in Circle Logo are trademarks of Axon Enterprise, Inc., some of which are registered in the US and other countries. For more information, visit www.axon.com/legal. All rights reserved. © 2022 Axon Enterprise, Inc.
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DATE: April 1, 2024
TO: Mayor and Members of the City Council
VIA: Stefan Chatwin, City Manager
Marlene Subhashini, Assistant City Manager
FROM: Sofia Mangalam, Community Development Director
Vanessa Brannon, Senior Management Analyst
DEPARTMENT: Community Development
SUBJECT: INFORMATIONAL REPORT ON FOSTER CITY DRAFT CLIMATE
ACTION PLAN UPDATE
RECOMMENDATION
It is recommended that the City Council: (1) receive and accept an informational report on the City’s draft Climate Action Plan (CAP) Update; (2) by Minute Order, provide direction on any modifications to the goals and strategies recommended in the draft CAP Update; and (3) accept the draft CAP Update framework, including reduction targets, goals, and strategies and find acceptance of draft CAP Update framework exempt from CEQA.
EXECUTIVE SUMMARY
Foster City’s Climate Action Plan is part of the General Plan’s Land Use and Circulation Element. The CAP is a comprehensive framework aiming to address and mitigate the impacts of climate change locally, reflecting the city's commitment to environmental stewardship and sustainable development. The City’s first CAP was adopted in 2016 and needs updating to reflect new state legislation, changing priorities, and updated/new environmental sustainability and greenhouse gas (GHG) reduction policies.
Foster City’s Draft CAP Update framework sets forth a paramount objective of slashing carbon emissions by nearly 50% below 2005 levels by 2030, marking a pivotal step toward the overarching aim of an 85% reduction by 2045.
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Through this informational report, staff is presenting the draft CAP Update framework and requesting feedback on any modifications to the goals and strategies included in the draft CAP Update. Subsequently, staff will complete the necessary review under the California Environmental Quality Act (CEQA) prior to adoption of the CAP, develop an implementation plan, and return to the City Council at a future hearing date for approval of the associated CEQA document and adoption of the CAP.
BACKGROUND
As part of a comprehensive General Plan Update, the City Council adopted Foster City's first CAP in 2016 ( link here), establishing GHG reduction targets and identifying strategies to mitigate climate change caused by GHG emissions. The CAP set reduction targets for GHG emissions of 15% by 2020, 20% by 2025, and 80% by 2050 compared to 2005 levels. The 2016 CAP also identified 42 reduction measures related to energy use, transportation, land use, solid waste, water, and education, which served as a roadmap for reducing emissions.
California State Law does not require local agencies to have climate action plans, but various state laws incentivize their use. Of California’s 482 cities, approximately 200 have CAPs, and of the 58 counties, almost two dozen have CAPs.
While part of the City’s General Plan, the CAP also falls under the City’s Sustainable Foster City initiative, first developed in 2008. Sustainable Foster City aims to safeguard and enhance Foster City's economic and natural resources, ensuring a better quality of life for all its residents. It is grounded in sustainability principles and focuses on three main areas: caring for the environment and natural resources (Environmental Sustainability), promoting fairness and well-being among community members (Social Equity and Engagement), and boosting the community's economic health (Economic Development).
A previous effort to update the City’s CAP was put on hiatus during the height of the pandemic as the City refocused on other priorities. On June 21, 2021, the City Council approved a contract with Integrated Design 360 (ID 360) to complete an assessment of the 2016 CAP and create a 2019 GHG Emissions Inventory. Before conducting the Inventory, 2017 was the most recent data year available to the City. The 2019 Inventory was completed in January 2022.
On May 2, 2022, the City Council approved the creation of a permanent Citizens Sustainability Advisory Committee (CSAC), comprised of ten members – five Foster City Resident member seats, two Foster City resident youth member seats, two in-City business member seats (one of the City’s major employers and one of which should be from one of the City’s small businesses), and one in-City non-profit member seat. All member seats are voting members. CSAC members help support the City Council, City staff, and outside consultants in the climate action planning process and implementation of sustainability programs and initiatives. In addition to supporting both consultants and
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staff in developing new and upcoming plans, CSAC also advises the City Council to help plan and promote new sustainability programs
On August 15, 2022, the City Council approved a contract with Cascadia Consultants for community engagement services to support the CAP Update efforts, which City staff would develop in-house.
ANALYSIS
Climate Action Planning and Community Engagement
In the Fall of 2022, the climate action planning project team, comprised of City Staff, consultants, and CSAC Members, began the long process of updating the City’s CAP.
Engaging with the community was pivotal in updating the CAP, which, from the outset, guided its objectives, priorities, and actions. Over the period of a year, the project team dedicated to Foster City's CAP Update actively sought insights into the community's priorities and concerns through extensive outreach.
In September 2022, the initiative kicked off with the formulation of a Community Engagement Plan. This plan laid out the goals, target audiences, demographic insights of Foster City, and a strategic approach for effective communication and engagement with the city's diverse communities.
The Community Engagement Plan aimed to achieve several key objectives:
•Ensure the plan reflects the unique perspectives, priorities, and values of Foster City's diverse communities.
•Educate, empower, and motivate residents and businesses to foster a collective understanding of climate change and encourage proactive measures. •Establish a clear and actionable framework for community-led initiatives within the CAP Update.
•Enhance collaboration and strengthen partnerships between the City, its residents, and other stakeholders to align on common goals.
To accomplish these goals, the project team planned various community interactions and activities, set timelines, defined key messages, designed a style guide and visuals, updated the project website, and produced additional materials to boost community participation.
The engagement process unfolded in three (3) stages:
Phase One—Raising Awareness: Initial efforts aimed at making the community aware of the CAP Update initiative, inviting input on their visions and concerns, and informing them about ongoing sustainability projects.
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Phase Two—Developing Goals and Planning: This stage was crucial for deepening community engagement, establishing or reinforcing stakeholder connections, and discussing the CAP Update’s fundamental components with the community.
Following this, in November 2022, the team drafted the CAP Update, marking a significant milestone in the project.
Phase Three—Refining and Implementing the Plan: The current focus is refining the draft based on city staff and community feedback. This phase also includes beginning the groundwork for implementing the plan's strategies.
The Draft Climate Action Plan Update
Foster City has made significant progress in its climate goals, reducing emissions by 59,810 metric tons of CO2 equivalents (mtCO2e) from 2005 to 2019, a 22.5% decrease from 2005 levels. To meet the ambitious CAP goal of a 50% reduction by 2030, Foster City needs to cut an additional 130,226 mtCO2e by the end of this decade. This effort is crucial for limiting carbon emissions and addressing the growing challenges of climate change.
The draft CAP comprises of six (6) sections, including the following:
Section 1: Introduction
Section 2: What is Climate Change?
Section 3: Greenhouse Gas (GHG) Emissions
Section 4: Greenhouse Gas (GHG) Reduction Targets
Section 5: Strategies to Reduce Greenhouse Gas Emissions Section 6: Conclusion
The draft CAP Update includes information about why the City is updating its original plan, climate hazards in Foster City, the methodology used to create the 2019 GHG Inventory, forecasting models for years 2030 to 2045, and finally, strategies to reduce GHG emissions. Many of the strategies in the CAP Update are expansions or updates to existing ones found in the original 2016 plan.
To create actionable goals and targets, the City utilized its 2019 GHG Emissions Inventory to understand what sectors contributed the highest GHG emissions in Foster City. Based on the 2019 Inventory, the Transportation sector is the highest source of GHG, contributing 57% of overall emissions. The second highest source is non- residential building use (electricity, natural gas, and other fuel sources), with 28% of emissions (see Figure 1, CAP, p.14). However, all energy usage in the City’s built environment (residential and commercial electricity and natural gas use) was 42% of overall emissions. An in-depth analysis is included in the draft CAP Update.
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Figure 1: Foster City 2019 Community GHG Emissions (MTCO2e) by Sector To meet the 2030 50% reduction goal, this draft CAP Update provides a roadmap to reduce emissions and promote climate action in four (4) sectors:
(1) energy and water usage
(2) transportation and land use
(3) waste and consumption
(4) climate resilience and leadership
These efforts aim to prepare Foster City for the future by mitigating climate-related risks and ensuring a sustainable environment for its residents.
A complete list of the target measures and their associated sectors, goals, and GHG impacts is included in the chart below:
TARGET MEASURE SECTOR GOAL GHG IMPACT
Reduce energy emissions by 50%
by 2030 compared to 2005
Energy and Water Reduce emissions from the energy
sector
0 MTCO2e
Increase residential and
commercial solar installations
Energy and Water Decarbonize existing residential
and commercial buildings
-1,485
MTCO2e
Decarbonize 10% of existing
commercial and 20% of existing
residential buildings by 2030
Energy and Water Decarbonize existing residential
and commercial buildings
-29,308
MTCO2e
Continue to provide carbon-free
electricity options to the
community and maintain
Peninsula Clean Energy opt-out
rates of less than 3%
Energy and Water Decarbonize existing residential
and commercial buildings
-6,280
MTCO2e
Reduce water consumption by
5% by 2030 and 15% by 2045
Energy and Water Reduce water consumption 0
MTCO2e
Reduce vehicle miles traveled in
the City
Transportation
and Land Use
Reduce vehicle miles traveled in
the City
0 MTCO2e
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Increase the share of ZEV
passenger vehicles to 30%
Transportation
and Land Use
Decarbonize Transportation -26,542
MTCO2e
Encourage bicycling and micro-
mobility as an alternative to
vehicular travel
Transportation
and Land Use
Increase walkability and bike-ability -1,714
MTCO2e
Significantly reduce organic
waste in landfills.
Waste and
Consumption
Increase diversion of materials
from landfills
0 MTCO2e
Collaborate with community
stakeholders to create Local
Climate Action Programs that
empower individuals to make
behavioral changes
Climate
Resiliency and
Leadership
Educate and support the whole
community to live sustainably
0 MTCO2e
Develop adaptation strategies to
assist the Foster City community
with the effects of climate change
Climate
Resiliency and
Leadership
Prepare for and adapt to a rising
sea level and climate change
0 MTCO2e
TOTAL DRAFT CAP UPDATE GHG EMISSIONS REDUCTION 65,329
MTCO2e
In transportation, the plan advocates for a shift to low-carbon modes by promoting electric vehicles (EVs), enhancing public transit, and supporting active transportation options like biking and walking. It emphasizes the transition to renewable energy and electrification in residential and commercial sectors, encouraging the adoption of solar power and electric appliances while aiming for energy efficiency in buildings. Waste reduction and water conservation measures are also central, including the promotion of composting, sustainable purchasing, and efficient water use appliances.
Further, the plan outlines specific strategies for climate resilience and leadership, urging the integration of climate adaptation into city planning and operations. It envisions a collaborative approach, involving local stakeholders in developing localized climate solutions and advocating for broader policy and systemic changes at the state and federal levels.
The draft CAP Update also stresses community engagement and education as pivotal elements, calling on all residents and businesses to actively participate in climate action planning initiatives and embrace sustainable practices. To ensure the CAP's effective implementation, the City will collaborate with civic and business leaders to maintain momentum and accountability. Annual progress reports, an online dashboard to track emissions and goals, and a five-year CAP update will be integral to monitoring and adjusting strategies accordingly.
The draft CAP Update uses the RICAPS Climate Action Plan template (RICAPS, or Regionally Integrated Climate Action Planning Suite, is a collaborative effort among all 20 cities in the county and the county itself for climate action planning, an approach that helps ensure regional consistency in policies and methodologies). Using the RICAPS
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template, our current draft CAP Update aims to provide a framework for reducing GHG emissions in line with state goals and local needs.
Policy Direction
Staff would like to seek direction from the City Council on any modifications to the goals and strategies recommended in the draft CAP update.
Next Steps
Following guidance from the City Council, the team will undertake the necessary CEQA review. This will involve an Initial Study to determine any potential adverse environmental impacts of the proposed strategies or policies within the CAP related to GHG emissions.
The Initial Study will determine whether the CAP requires the preparation of (a) a Draft Negative Declaration, (b) a Draft Mitigated Negative Declaration, or (c) an Environmental Impact Report (EIR).
The CEQA process should take approximately three (3) to six (6) months to complete, which may vary depending on the level of necessary review. The cost to complete an initial study and the associated CEQA documents is approximately $25,000 to $40,000, and funding is available in the Construction and Demolition fund for Climate Action Plan (129-0932-431-42-51) for CEQA compliance.
Concurrently, efforts will commence on the CAP Implementation Plan in collaboration with city staff and subsequently with CSAC.
ANTICIPATED TIMELINE OF NEXT STEPS FOR CEQA
April 2024 – Initiate Initial Study for CEQA
May 2024 – Preparation of CEQA Document
June 2024 – Preparation of Checklist for Future Developments and Public Review Period
July 2024 – Public Hearing for the CEQA document, then certification and CAP adoption
ANTICIPATED TIMELINE OF NEXT STEPS FOR CAP ADOPTION
April 2024 – Update draft CAP based on feedback and initiate Draft Implementation Plan
May 2024 – Preparation of Draft Implementation Plan with Staff and CSAC July 2024 – Completed Implementation Plan document included with CAP adoption Components of the CAP Implementation Plan will be integrated into a wider Sustainable Foster City Plan, which will highlight community engagement best practices to advance sustainability in Foster City. Implementation of the Climate Action Plan Update begins upon the City Council's adoption of the CAP.
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CEQA
The acceptance of the CAP framework is not subject to review under the California Environmental Quality Act (CEQA) as that action is exempt pursuant to 15061(b)(3) of the CEQA Guidelines (common sense exemption) and 15306 (Class 6) of the CEQA Guidelines as this information is being gathered as part of a study leading to an action which a public agency has not yet adopted. As indicated above, City staff will undertake further CEQA analysis prior to adoption of the CAP.
FISCAL IMPACT
There is no cost associated with this report.
CITY COUNCIL VISION, MISSION, AND VALUE/PRIORITY AREA
Sustainability
ATTACHMENTS
Attachment 1 – Foster City Draft Climate Action Plan Update
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City of Foster City
2023 Climate Action Plan
November 2023 First DRAFT
March 2024 Second DRAFT
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Acknowledgments
City Council
Patrick Sullivan, Mayor
Stacy Jimenez, Vice Mayor
Jon Froomin, Councilmember
Sam Hindi, Councilmember
Art Kiesel, Councilmember
THANK YOU!
In addition to the Foster City
community who took the time
to participate in the Climate
Action Plan (CAP) community
outreach process to share their
experiences and priorities with
us, we would also like to thank
external stakeholders and non-
profit organizations who
provided additional guidance,
support, feedback, and content
throughout the development
and adoption process. Their
oversight was invaluable to the
creation of this CAP and will
continue to be instrumental
throughout its implementation.
Citizen Sustainability Advisory Committee (CSAC)
Nilofer Motiwala, Chair
Siddarth Gogi, Vice-Chair (Youth Member)
Marah Curry, Committee Member (Non-Profit)
Shilpli Goel, Committee Member
Stuti Goel, Committee Member (Youth Member)
Ron Haupt, Committee Member
Nicole Kho, Committee Member (Large Business)
Maxwell Kwan, Committee Member
Larry Staley, Committee Member
Katiya Wright, Committee Member (Small Business)
City Staff
Stefan Chatwin, City Manager
Marlene Subhashini, Assistant City Manager
Sofia Mangalam, Community Development Director
Vanessa Brannon, Senior Management Analyst
This Climate Action Plan was
developed using sections from
the Regionally Integrated
Climate Action Planning Suite
(RICAPS) template and climate
action planning tools.Consultants
Cascadia Consulting Group
Integrated Design 360 Additional technical assistance
was provided by Rincon
Consultants, Inc.
Disclaimer
This Climate Action Plan outlines general policies aimed at equitable climate action. It does not give approval, funding, or authorization for specific projects. Implementation programs will undergo gradual review and approval, adhering to established adoption protocols. This process may include further public scrutiny, evaluations by City Council, and environmental assessments as mandated by the California Environmental Quality Act.
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Letter from the Mayor
At a critical point in its climate journey, Foster City is greatly influenced by its community's and businesses' innovative and entrepreneurial spirit. This spirit has fueled its legacy in environmental leadership, showcased by initiatives such as the Levee Improvements Project, the various environmental rebates offered by the City, green infrastructure, the Library/Community Center Solar Parking Project, and single-stream recycling, to name a few.
Since introducing the Climate Action Plan (CAP) in 2016, Foster City and the rest of California have faced unprecedented climate challenges such as droughts, heatwaves, wildfires, and extreme storms. These events demonstrate that climate change is an immediate threat to the quality of life in Foster City and the broader San Mateo County. As part of San Mateo County, Foster City confronts rising sea levels, temperature fluctuations, flooding, air pollution, health issues, and water supply concerns, all demanding immediate action. The city has a history of leading in sustainability and climate action, evidenced by its achievements in meeting greenhouse gas (GHG) reduction goals.
In response to these challenges, Foster City has developed a forward-thinking CAP. This plan is rooted in local solutions to tackle the global issue of climate change effectively. It is a comprehensive blueprint for sustainability, involving every community member in the mission to protect our environment and health. In 2023, extensive outreach was conducted to gather feedback on GHG reduction strategies and to understand what sustainable actions community members are already undertaking and the barriers to climate action.
The CAP sets ambitious targets, including reducing community and municipal emissions by 50% below 2005 levels by 2030, leading towards an 85% reduction by 2045. It offers practical suggestions for energy efficiency, water conservation, and alternative transportation, emphasizing a collective approach to a sustainable future.
Foster City’s efforts, although significant, are just a part of the more extensive community action needed for sustainability. The CAP is a call to action for everyone to join in Foster City’s transition toward a cleaner, healthier, and more prosperous future. Your participation is crucial to our success in this endeavor!
Signed,
[Your Mayor]
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What You Can Do
LOW CARBON TRANSPORTATION
•
•
•
•
Switch to an electric vehicle (EV) instead of a traditional car.
Opt for biking, walking, or using public transport as much as possible.
Cut down on driving by working from home if it's an option.
Turn off your car when waiting, like at the ATM or school pick-up/drop-off lines.
RENEWABLE ENERGY & ELECTRIFICATION
•
•
•
Instead of using natural gas, upgrade to electric appliances and heating systems, such as heat pumps, water heaters, and HVAC systems.
Choose Peninsula Clean Energy's ECO100 for 100% renewable and carbon-free electricity.
Put a solar energy system on your home and consider adding battery storage.
ENERGY EFFICIENCY
•
•
•
•
Improve your home or business's energy efficiency by enhancing insulation, sealing leaks, and installing a programmable thermostat.
Switch to LED bulbs for indoor and outdoor lighting and remember to turn them off when not needed.
Opt for appliances and equipment that are Energy Star certified for better energy conservation.
Consider getting an energy assessment for your home or business to identify further energy-saving opportunities.
WASTE REDUCTION
•
•
Dispose of your food scraps in the green bin or compost them at home.
Shop smart by purchasing only what you require and buy previously owned where feasible.
•
•
Give away surplus food, used clothing, and housewares.
Avoid aspirational recycling. Be meticulous in sorting your recyclables correctly.
WATER CONSERVATION
•
•
Switch out your lawn for a garden that can withstand dry conditions.
Set up a drip irrigation system, schedule it to operate early in the morning, and routinely inspect it for leaks.
•
•
Opt for faucets, showerheads, and toilets that use less water.
When it's time to replace them, choose water-efficient dishwashers and clothes washers.
SEQUESTRATION
•
•
Plant trees appropriate to your situation.
Add compost to your soil.
SUSTAINABLE LIVING
• Calculate and commit to reducing your carbon footprint by taking the actions this plan identifies.
•
•
Become a climate advocate at every "table" you sit at – home, work, clubs, school, etc.
Encourage friends and neighbors to adopt sustainable living practices – lead by example (adopt a plant-based diet, purchase an EV, electrify your home, etc.) Foster City 2023 Climate Action Plan Page | vii
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Table of Contents
Executive Summary.......................................................................................................................... 12 Section 1: Introduction .................................................................................................................... 14 Benefits of Climate Action (and Adaptation)............................................................................ 18 Why Update the City’s Climate Action Plan?............................................................................ 21 Highlights of the Foster City 2023 Climate Action Plan ......................................................... 22 How to Achieve the “Big Goal (50% GHG Emissions Reduction by 2030)?”...................... 22 Section 2: What is Climate Change? ............................................................................................. 25 Climate Change 101 .................................................................................................................... 25 Climate Hazards in Foster City.................................................................................................... 26 Section 3: Greenhouse Gas (GHG) Emissions.............................................................................. 41 Methodology................................................................................................................................. 41 2019 GHG Emissions Inventory.................................................................................................. 43 2030 – 2045 GHG Emissions Forecasts..................................................................................... 47 Section 4: Greenhouse Gas (GHG) Reduction Targets ............................................................... 53 2023 Climate Action Plan Reduction Targets........................................................................... 53 Local Greenhouse Gas Emissions Reduction Strategies......................................................... 55 Section 5: Strategies to Reduce Greenhouse Gas Emissions..................................................... 57 Community Engagement ............................................................................................................ 57 Climate Action Plan Reduction Strategies Overview .............................................................. 58 Sector 1: Energy and Water (E-W) ............................................................................................. 60 Sector 2: Transportation and Land Use (T-L) ............................................................................ 68 Sector 3: Waste and Consumption (W-C) ................................................................................. 73 Sector 4: Climate Resiliency and Leadership (C-L) .................................................................. 75 Section 6: Conclusion ...................................................................................................................... 78 Implementation and Monitoring................................................................................................ 78 Funding.......................................................................................................................................... 78 Appendix A – Climate Regulatory Context................................................................................... 80 International Climate Action Guidance ..................................................................................... 80 California Policy and Regulatory Context................................................................................. 81 State-Level Programs................................................................................................................... 86 Local Policy.................................................................................................................................... 87 Foster City 2023 Climate Action Plan Page | ix
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Appendix B – Glossary of Abbreviations....................................................................................... 89 Appendix C – Community Engagement........................................................................................ 90 Appendix D – 2019 Greenhouse Gas Emissions Inventory........................................................ 91 Foster City 2023 Climate Action Plan Page | x
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Executive Summary
The City of Foster City was established in 1971 in San Mateo County, California. Nestled on the eastern shoreline of the San Francisco Peninsula, it sits between San Francisco and San Jose, east of U.S. 101. Initially conceived as a "Planned Community," Foster City is home to over 33,000 residents and boasts a unique character defined by nine residential neighborhoods complemented by commercial hubs and light industrial areas. Encompassing approximately 20 square miles, four square miles consist of developed land and reclaimed marshland, with the remainder comprised of the waters of the San Francisco Bay and Belmont Sloughs.
Positioned at an elevation of around 7 feet above sea level, Foster City relies on a network of levees and seawalls to mitigate tidal and flood risks from the Bay to the east and the Peninsula to the west.
Foster City grapples with climate-related challenges, including rising sea levels, flooding (potential dam inundation), extreme heat, and drought. Since its incorporation, the city has encountered several of these phenomena. Looking ahead, the intensification of these hazards could be exacerbated by evolving climatic conditions driven by rising temperatures and shifting precipitation patterns.
Cities stand at the frontline combating climate change, spearheading global efforts to curb carbon emissions through bold policies and embracing clean technologies. Foster City's Climate Action Plan (CAP) sets forth a paramount objective: slashing carbon emissions by nearly 50% below 2005 levels by 2030, marking a pivotal step toward the overarching aim of an 85% reduction by 2045.
Remarkably, Foster City has already made substantial headway in its climate endeavors.
Between 2005 and 2019, emissions plummeted by 59,810 metric tons (MT) of carbon dioxide equivalents (mtCO2e), achieving a 22.5% reduction from 2005 levels. To achieve the targeted 50% reduction by 2030, Foster City must further slash emissions by approximately 130,226 mtCO2e by the end of the decade, a crucial stride in curbing the trajectory of carbon emissions and averting exacerbated climate impacts.
The CAP delineates a comprehensive roadmap for emissions reduction across two pivotal sectors: 1) energy and water and 2) transportation and land use. Additionally, it emphasizes two additional sectors focusing on (3) waste and consumption as well as (4) climate resiliency and leadership, recognizing the imperative of fortifying the city against impending climate hazards.
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Furthermore, the CAP underscores the involvement of municipal operations and community engagement, rallying residents, organizations, and businesses to partake in Foster City's emission reduction endeavors. It is an ambitious community-driven platform to propel policies and initiatives that foster quality of life, innovation, and social equity.
Acknowledging that even complete elimination of emissions today won't preclude future climate impacts, Foster City underscores the necessity of fortifying resilience against rising sea levels, heightened temperatures, and exacerbated fire risks. The CAP articulates a strategic blueprint for proactively developing a climate change resiliency plan to address these challenges.
Realizing the considerable investment required to support the CAP, Foster City emphasizes the need to facilitate residents' and businesses' access to funding for decarbonizing buildings, vehicles, and lifestyles.
To ensure the CAP's effective implementation, Foster City underscores forming an interdepartmental team, collaborating with civic and business leaders to maintain momentum and ensure accountability. Annual progress reports and a five-year CAP update will be integral to tracking and adjusting strategies accordingly.
Ultimately, the CAP serves as a conduit to build upon past successes, rallying stakeholders to actively participate in the transition to a low-carbon future and a clean economy. In doing so, Foster City envisions fostering a resilient economy while nurturing a livable and sustainable community for present and future generations.
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Section 1: Introduction What is a Climate Action Plan?
A Climate Action Plan (CAP) is a crucial
strategic document for a city, focusing on
several key aspects:
Climate change, driven by human activities,
influences extreme weather and climate
phenomena worldwide. Documented changes
include more frequent and intense heat waves,
heavy rainfall, coastal flooding, droughts, and
hurricanes. California, including Foster City, is
witnessing the impacts of these climatic shifts. Both
gradual changes, like sea level rise, and sudden
climate events, such as extreme temperature
fluctuations, pose challenges to people,
1. Projection of Climate Change Impact on
Natural Hazards: The plan also examines
how climate change might alter the
frequency and intensity of natural hazards
like flooding, wildfires, and storms, and
prepares the city to adapt to these
changes.
2. Assessment of Current and Future
Greenhouse Gas Emissions: This involves
a detailed analysis of the current levels of
greenhouse gas emissions within the city
and projections for future emissions
based on current trends and policies.
infrastructure, urban areas, and natural
ecosystems. These challenges often hit the most
vulnerable groups in the community hardest.
3. Setting Greenhouse Gas Emissions
Reduction Targets: Climate Action Plan’s
set specific, measurable targets for
reducing greenhouse gas emissions
within a certain time frame, aligning with
broader environmental goals and
commitments.
In response, Foster City proudly introduces its
2023 Climate Action Plan. This strategic guide
outlines the city's approach to tackling climate
change. Foster City's residents have already been
proactive in environmental stewardship,
positioning the city as a leader in regional climate
initiatives. Aligning with the state's vision, Foster
City aims to achieve 50% below 2005 levels by
2030.
4. Developing Strategies and Actions for
Emissions Reduction: The CAP outlines
various strategies and actions that the City
intends to implement to achieve the set
emission reduction targets. This could
include promoting renewable energy,
enhancing public transportation,The 2023 Climate Action Plan is an update to the City’s first CAP, adopted in 2016. Since completing
most of the initiatives in the original Plan, this
update charts the course for reaching a new
ambitious target. The first Climate Action Plan
established the following GHG Reduction targets:
improving energy efficiency in buildings,
and other sustainable practices.
Specifically, the CAP for Foster City is tailored
to reflect the unique environmental and
community characteristics of Foster City. It
represents a reaffirmation of Foster City's
commitment to environmental leadership
within San Mateo County in the face of climate
change challenges.
•
•
15% GHG emissions reduction below 2005
levels by 2020 – TARGET MET
20% below 2005 by 2025 – TARGET MET
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Since 2016, significant climate action and sustainable measures have already been taken by the city, including, but not limited to:
• Enhancing the levee system to bolster defenses against storm surges and rising sea levels, ensuring its stability until at least 2050
•
•
•
•
Installing solar panels at the Library/ Community Center Adding electric vehicle charging stations to the library’s public parking lot Upgrading to low-flow faucets and energy-efficient lighting in city facilities Shifting city facilities to entirely renewable energy sources, with community options available through Peninsula Clean Energy
•
•
Transforming Park landscapes to low water usage designs Providing rebates and financial incentives for community members to adopt energy- efficient, water-efficient, and sustainable practices
•
•
Incorporating electric and hybrid vehicles into the city's fleet Implementing the latest Green Building standards for new construction and remodeling projects
•
•
Created an agreement with Peninsula Clean Energy to create an Electric Vehicle Fleet Plan
Offer PACE (Property Assessed Clean Energy) Program financing to residents These initiatives reflect Foster City's dedication to environmental responsibility and its role as a forerunner in regional climate action.
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In 2021, the existing plan, various measures,
and laws were evaluated to update the Climate
Action Plan. This review also involved creating
a Greenhouse Gas (GHG) Emissions Inventory
for 2019, which helped understand how much
greenhouse gas the city produced.
Foster City 2019 GHG-Emissions
Inventory Key Findings
•
•
•
Foster City's 2019 GHG Emissions:
205,958 metric tons
Total GHG Reduction (from 2005 levels):
22.5% (from 265,768 metric tons)
The 2019 Greenhouse Gas (GHG) emissions
Inventory demonstrated that Foster City
produced approximately 205,958 metric tons
of CO2 equivalent community-wide, spanning
Main emissions source:
Transportation contributed 57%
(117,524 metric tons).
• Second-highest source:
residential, commercial/ industrial, Nonresidential building energy use (electricity, natural gas), 28% of
emissions (56,641 metric tons).
transportation, waste, wastewater, and water
sectors. This figure represents a 22.5%
reduction in total community emissions
compared to the baseline year 2005.
2019 emissions align with the 2015 Climate
Action Plan goals, achieving a 22.5% decrease
from the 2005 baseline.
Figure 1.1: Foster City 2019 Community GHG
Emissions (MTCO2e) by Sector
Residential Energy Use, 14%
Commercial Industrial
Energy Use, 28% Solid Waste, 1%
Water, <1%
Wastewater, <1%
Transportation, 57%
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This CAP update looks ahead to the ambitious goals
and transformation and lays the groundwork for
embracing innovation and weathering disruption. By
achieving the objectives in this CAP, the City will reach the first milestone target of at least a 50 percent
reduction in GHG emissions below 2005 levels by
20300F
1. Achieving this first milestone will allow
Foster City’s Citizens
Sustainability Advisory
Committee (CSAC)
The City's Citizens Sustainability
Advisory Committee (CSAC) was
instrumental in aligning the Climate
Action Plan (CAP) with the community's
vision, playing a vital role in outreach
and planning. Functioning as anIn addition to reducing emissions, the community will need to adjust to a changing climate and prepare for
more frequent and intense climate change impacts.
This CAP indicates how to plan a pathway to increased
community resilience and climate readiness. The
City’s Levee Improvements Project exemplifies
climate readiness and mitigation.
advisory body on sustainability
challenges in Foster City, CSAC
addresses environmental, economic,
and social aspects. Its composition
includes five voting members who are
residents of Foster City, two youth
voting members from the community,
two voting members representing local
businesses (one from a major employer
and another from a small business),
and one voting member from a local
non-profit organization.
This Plan was developed in collaboration with
community stakeholders and is a call to action for
government, businesses, and residents to engage
and support the collective journey to achieving the
City’s climate goals.
Throughout the climate planning
process and beyond, CSAC acted as a
key liaison and trusted partner to the
wider Foster City community. As
representatives of the community,
CSAC members were pivotal in forging
essential connections and gathering
crucial feedback.
Since its initiation in September 2022, the Foster City Climate Action Plan (CAP) Update Project has
demonstrated the effectiveness of community
engagement in shaping environmental policy. With a
thorough approach that included a Community
Engagement Plan, Citizens Sustainability Advisory
Committee (CSAC) involvement, and aggressive
community outreach, the CAP team effectively captured the diverse viewpoints of Foster City residents. Insights from surveys, meetings, and focus groups have been crucial to identifying key areas like improved public transportation and sustainable living and highlighting the community's eagerness for proactive climate action, from recycling to advocating for electrification.
1 On September 8, 2016, the governor signed SB 32 into law, extending AB 32 by requiring the State to further reduce GHGs to 40 percent below 1990 levels by 2030.
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This engagement process has enhanced the understanding of community needs and barriers to action and set the stage for actionable strategies, reflecting Foster City's dedication to a collaborative approach to climate change solutions. The solid foundation of community feedback as the Climate Action Plan advances to implementation is essential for its effectiveness and enduring impact, embodying the essence of collective action for a better future.
While the CAP focuses on achieving the 2030 goal, continued implementation of the actions in the plan past that date will help the City reach its 2045 goal. Ultimately, more aggressive state, federal, and international action is required to reduce global emissions to levels that will avoid the catastrophic impacts of climate change. For this reason, Foster City’s CAP contains actions to advocate at the state and federal levels for policies and actions that support the rapid transition to GHG-free energy sources, electrification of buildings and the transportation fleet, and other sweeping measures to reduce greenhouse gas emissions sharply.
The Big Goal: 50% GHG Emissions Reduction by 2030, Leading to an 85% Reduction By 20452 (below pre-2005 levels)
To meet the 2030 50% reduction goal, this Plan provides a roadmap to reduce emissions and promote climate action and sustainable living in four sectors:
•
•
•
•
Energy and Water (emissions reduction)
Transportation and Land Use (emissions reduction)
Waste and Consumption (sustainable living)
Climate Resiliency and Leadership (sustainable living)
Each sector has strategies, actions, and methods to encourage community participation. The key actions identified in each sector need to be accomplished within the next 5-7 years to stay on pace with achieving the City’s climate goals. These sectors were selected based on GHG emissions, community feedback received throughout the engagement process, and climate action best practices. Below is a complete list of all the strategies included in this plan:
2 In 2022, California passed AB 1279, mandating the state to reach "net zero greenhouse gas emissions" at the earliest possible time, with a deadline of no later than 2045. Following this, the state must then attain and sustain net negative GHG emissions.
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Table 1.1: List of 2023 Climate Action Plan Target Measures and GHG Emission Reduction Impact
GHG
TARGET MEASURE SECTOR GOAL
Reduce emissions from the
energy sector
IMPACT
Reduce energy emissions by
50% by 2030 compared to 2005 Water
Energy and 0
MTCO2e
Increase residential and
commercial solar installations
Energy and
Water
Decarbonize existing
residential and commercial
buildings
-1,485
MTCO e2
Decarbonize 10% of existing
commercial and 20% of existing Water
residential buildings by 2030
Energy and Decarbonize existing
residential and commercial
buildings
-29,308
MTCO e2
Continue to provide carbon-
free electricity options to the
community and maintain
Energy and
Water
Decarbonize existing
residential and commercial
buildings
-6,280
MTCO2e
Peninsula Clean Energy opt-out
rates of less than 3%
Reduce water consumption by
5% by 2030 and 15% by 2045
Energy and
Water
Reduce water consumption 0
MTCO2e
Reduce vehicle miles traveled in Transportation Reduce vehicle miles traveled in the City
Decarbonize Transportation
0 MTCO2e
the City and Land Use
Transportation
and Land Use
Increase the share of ZEV
passenger vehicles to 30%
-26,542
MTCO e2
Encourage bicycling and micro- Transportation Increase walkability and bike- ability
-1,714
MTCO e
mobility as an alternative to
vehicular travel
and Land Use
2 Significantly reduce organic
waste in landfills.
Waste and
Consumption
Climate
Resiliency and
Leadership
Increase diversion of materials
from landfills
Educate and support the
whole community to live
sustainably
0 MTCO2e
Collaborate with community
stakeholders to create Local
Climate Action Programs that
empower individuals to make
behavioral changes
0 MTCO2e
Develop adaptation strategies
to assist the Foster City
community with the effects of
climate change
Climate
Resiliency and
Leadership
Prepare for and adapt to a
rising sea level and climate
change
0 MTCO2e
TOTAL CAP GHG EMISSIONS REDUCTION 65,329
MTCO e2
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This CAP also focuses on municipal operations, issues, and community activities, including how residents, organizations, and businesses can contribute to Foster City’s emission reduction goals. It provides an ambitious, community-focused platform to advance policies that enhance quality of life and well-being, embrace smart city innovation, and improve social equity.
Even if all emissions were eliminated today, the City would still see climate change impacts in the future, including rising sea levels, hotter temperatures, and increased fire risks. Foster City understands the importance of laying out a framework for enhancing Foster City’s resilience to these impacts.
To ensure full implementation of the CAP, an interdepartmental team of City staff, in collaboration with civic and business leaders, should be assembled to maintain momentum and ensure accountability. Staff will provide annual progress reports, including greenhouse gas (GHG) inventories, maintain a climate action dashboard on the City’s sustainability website (sustainable.fostercity.org), and begin preparing an update to the Climate Action Plan after five years.
All Foster City community members, including individuals and businesses, have a key part to play in cutting down their emissions. This collective effort is crucial for Foster City to reach its environmental goals. Working together can overcome this challenge, and a stronger, more sustainable community can be built for everyone.
Benefits of Climate Action (and Adaptation)
Beyond the direct benefit of a more stable climate, many climate actions generate additional benefits, such as the ones listed below.
Public Health
Actions to mitigate climate change can improve air quality, physical and mental health, and access to healthy food. Research suggests that living within 50 to 200 meters of major roadways can trigger asthma symptoms among adults and children and contribute to the development of asthma in children. Consequently, actions aimed at cutting gasoline consumption, reducing traffic congestion, taking vehicles off the road, and electrifying the whole community’s vehicle fleet can reduce the risk of cardiovascular disease, chronic and acute respiratory illnesses, cancer, and preterm births for those near busy roads.
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health, and diminish the cost of public health services. Green infrastructure projects have been shown to increase recreational opportunities and physical fitness exercises such as dog walking or jogging.
Increased intake of more climate-friendly foods, such as whole grains and vegetables, can reduce the risk of chronic diseases. Adaptation actions that mitigate urban heat island effects, such as planting shade trees, lessen potential health risks to sensitive populations.
The health benefits of climate action include tangible healthcare savings as well. The cost of reducing CO2 emissions is less than the medical costs of treating the health effects of climate change.
Enhanced Resilience
Actions addressing climate change and planning for its impacts can bolster resilience to other hazards. Climate actions can also enhance community cohesion – the networks of formal and informal relationships among neighbors that foster a mutually supporting community. •
•
•
One study showed a direct link between increased vegetation and the use of outdoor spaces for social activity.3
Another study found that even small amounts of greenery increased the safety of urban areas.3F
4 A survey of residents in many different types of neighborhoods found that the more that neighborhoods were walkable and neighbors knew each other, the more likely neighborhood residents were to participate politically, trust others, and be socially engaged.4F
5 Reduced Traffic Congestion
Climate actions can reduce traffic congestion. Cities such as New York, Stockholm, and London have implemented congestion pricing—charging tolls to travel in designated urban areas during peak travel times to reduce traffic volume.
The City/County Association of Governments of San Mateo County and the San Mateo County 3 Sullivan, W., Kuo, F. and Depooter, S. (2004). The Fruit of Urban Nature: Vital Neighborhood Spaces. Environment and Behavior. 36:678. Retrieved from https://journals.sagepub.com/doi/10.1177/0193841X04264945. 4 Kuo, F.E. and Sullivan, W.C. (2001). Aggression and violence in the inner city: Impacts of environment via mental fatigue.
Environment & Behavior. 33(4): 543-571.
5 Leyden K. M. (2003). Social Capital and the Built Environment: The Importance of Walkable Neighborhoods. Am. J. Public Health. 93:1546– 1551.
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Transportation Authority partnered to build the San Mateo 101 Express Lanes Project—22 miles of express lanes on U.S.101 from the San Mateo County/Santa Clara County line to I-380 in South San Francisco. The project is designed to reduce traffic congestion and encourage carpooling and transit use on U.S. 101 in San Mateo County.
Foster City has installed 'no left turn' signs on parts of East Hillsdale Boulevard to help manage the heavy traffic during rush hours. The Traffic Relief Program aims to lessen the number of drivers who cut through Foster City to avoid traffic jams on Highway 101 and State Route 92.
These drivers often use East Hillsdale Boulevard and East Third Avenue to bypass the busy interchange, rejoining State Route 92 later to cross the bridge. Traffic data from 2018 showed a significant increase in cars on East Hillsdale Boulevard during peak times compared to 2015.
Besides easing local traffic, this plan also aims to reduce the greenhouse gas emissions from vehicles within the city.
Equity and Inclusion
Climate action can foster a more equitable and inclusive community.
Equity vs. EqualityRecognizing the importance of public participation and inclusion, the City conducted two online
Community Meetings to expand access, leveraged
the diverse makeup of the City’s Citizens Sustainability Advisory Committee (CSAC) to “go where the people
are” further increasing community engagement with
traditionally hard-to-reach population segments, and
provided the community with a menu of opportunities
to be heard (surveys, community meetings,
sustainable activities, booths at events, focus groups, Equality is like giving everyone the
same thing, no matter their situation.
Equity, on the other hand, is about
giving people what they specifically
need to have the same chance as
everyone else. Think of it like this:
Equality is handing out the same pair of
shoes to everyone, while equity is
giving each person a pair of shoes that
fits them perfectly.
and individual community conversations). Over 2,000 community members were engaged through the combined efforts of the CAP team.
Economic Stability and Growth
Climate action can boost the local economy through local projects, programs, and jobs.
Investments in the construction, manufacturing, clean technology, green infrastructure, and civil engineering sectors provide businesses with growth opportunities and create skilled, well- paying “green” jobs for the community. For example, many jobs in the renewable energy and energy efficiency sector are in installation, maintenance, and construction—making them inherently local and influential to the local economy. Cities can partner with workforce Foster City 2023 Climate Action Plan Page | 20
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development organizations, business incubators, B-corporations 6, and green businesses to build a diverse workforce pipeline for these fields.
Studies have shown that energy efficiency investments create more jobs than those in fossil fuel industries—the estimate is approximately eight jobs per $1 million invested, compared to approximately three jobs per $1 million invested in fossil fuel industries.5F 7 Investments in
climate action and adaptation can also save the City and community members money. A study by the University of California Transportation Center estimated that maintenance of electric vehicles (EVs) would cost only 50 percent to 75 percent of the average maintenance cost of a conventional vehicle.6F
8 The sectors most likely to benefit from climate actions and policies are those related to household spending, such as housing, wholesale, and retail. Manufacturers of energy efficiency equipment and appliances and renewable energy generation equipment also benefit.
Why Update the City’s Climate Action Plan?
The City of Foster City already plays an important role in shaping community services, including building construction, land use and development, transportation, infrastructure maintenance, parks and open space management and maintenance. The City is uniquely positioned to lead on climate action, facilitate collaboration and partnerships, and engage residents, businesses, community groups, and other partners, including regional agencies, to join these efforts.
The City of Foster City is updating its original 2016 CAP to align with new State regulations (see Appendix B: Regulatory Framework) and targets related to climate change. Furthermore, the 2016 CAP set an emissions target for 2025 to achieve 20% in GHG emissions below the baseline year of 2005. This updated CAP extends the horizon year to 2030 and sets a long- term goal of carbon neutrality by 2045 to align with State targets. The 2016 CAP set the 2025 target of a 20% decrease in emissions from the baseline year of 2005, which the City has already achieved. The City also implemented many policies, projects, and programs outside the 2016 Climate Action Plan reduction strategies.
6 A certified B Corporation is one that has voluntarily met the highest standards for social and environmental performance in key areas, including Governance, Workers, Community, Environment, and Customers 7 Environmental Defense Fund Climate Corps. (2017). The Growth of America's Clean Energy & Sustainability Jobs. Retrieved from http://edfclimatecorps.org/sites/edfclimatecorps.org/files/the_growth_of_americas_clean_energy_and_sustainability_jobs.pdf. 8 Environmental Defense Fund Climate Corps. (2017). The Growth of America's Clean Energy & Sustainability Jobs. Retrieved from http://edfclimatecorps.org/sites/edfclimatecorps.org/files/the_growth_of_americas_clean_energy_and_sustainability_jobs.pdf.
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Highlights of the Foster City 2023 Climate Action Plan
This Climate Action Plan update outlines how the City will create new policies, projects, and programs to support the community in reducing GHG emissions and adopting sustainable living. By updating its existing CAP, the City of Foster City continues its commitment to leading the way to a more sustainable future.
Since the City’s first Climate Action Plan (CAP) was adopted in 2016, much has changed regarding climate protection. Consequently, this updated CAP includes the following:
•
•
New federal, state, and local policies and climate targets, including carbon neutrality Climate change impacts and hazards in San Mateo County and previews what the City needs to plan for
•
•
•
How the City and community plan to work together to achieve its goals Foster City GHG emissions from the various sectors
More ways for individuals, community groups, and businesses to get involved How to Achieve the “Big Goal (50% GHG Emissions Reduction by 2030)?”
The City of Foster City already plays an important role in shaping community services. The City evaluated existing local actions and outcomes from the 2016 Climate Action Plan, best practices, and State and regional policies to identify four key Focus Areas and associated Goals to achieve its Climate Reduction Targets.
Energy and Water Big Goals:
1. Reduce emissions from the energy sector
2. Decarbonize existing residential and commercial buildings
3. Reduce Water Consumption
Largest Emissions Reductions
Electrify Buildings and Appliances. This plan includes strategies to push new residential and commercial constructions to be entirely electric. Additionally, it calls for replacing natural gas appliances and equipment with highly efficient electric alternatives, such as heat pump technology, when they wear out or break down.
Energy Efficiency. The plan includes continued promotion and participation in energy efficiency and conservation programs to reduce energy consumption in the built environment.
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Transportation and Land Use Big Goals:
1. Reduce vehicle miles traveled in the City
2. Decarbonize transportation
3. Increase walkability and bike-ability
Largest Emissions Reductions
Electric Vehicles. The plan targets 30% of passenger vehicles registered in Foster City to be plug-in electric vehicles by 2030.
Waste and Consumption Big Goal
1. Increase diversion of materials from landfills.
Largest Emissions Reductions
Waste Reduction. The plan includes actions to significantly reduce organic waste from landfills.
Climate Resiliency and Leadership Big Goals
1. Educate and support the whole community in living sustainably.
2. Prepare for and adapt to a rising sea level and climate change.
The 2023 Climate Action Plan aims primarily to reach the 2030 target, but continuing its actions beyond that year will help meet the State's 2045 carbon neutrality goal. However, to truly minimize the severe effects of climate change, more intense efforts are needed at the state, federal, and international levels. Therefore, the CAP includes steps to push for policies and actions at the state and federal levels. These would support a prompt shift to greenhouse gas- free energy sources, electrifying buildings and transportation, and implementing other major steps to drastically reduce greenhouse gas emissions.
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Section 2: What is Climate Change?
Human activities, notably the burning of fossil fuels for transportation, electricity, and industry, are major contributors to the emission of carbon dioxide and other greenhouse gases, driving global climate change. These emissions trap heat in the Earth's atmosphere, leading to a gradual warming effect. This warming triggers significant changes in the Earth's systems, such as altered rainfall and snow patterns, melting glaciers, and ocean warming. This section provides an overview of climate change and its specific impacts on Foster City.
Climate Change 101
Climate refers to long-term atmospheric conditions, like average temperature, snowpack, or rainfall. Human-induced greenhouse gas emissions are causing unprecedented changes in the climate system, leading to various global weather and climate extremes, including intense heatwaves, coastal flooding, heavy precipitation, droughts, and hurricanes.
California, including Foster City, is already experiencing the impacts of climate change. Both gradual changes (like sea level rise) and extreme weather events pose risks to people, infrastructure, and ecosystems. These changes disproportionately affect vulnerable populations such as children, older adults, low-income families, and renters. For instance, these groups are more susceptible to health issues during extreme heat and may lack the resources to adapt to climate shocks.
While climate projections don't predict specific future dates, they offer insights into expected climatic changes. For example, they can estimate future temperature increases or the frequency of extreme weather events, though they cannot pinpoint exact timings.
The future extent of climate change partly depends on current and future greenhouse gas emissions, influenced by economic, land use, transportation, and energy systems, as well as social and political factors. Scientists use emission scenarios to understand potential climate outcomes, including a high-emission scenario where emissions rise until 2050 and plateau by 2100 and a low-emission scenario with a peak and decline mid-century due to global reduction efforts.
Climate projections are based on global climate models that simulate past and future conditions. These models help climate scientists assess potential changes based on greenhouse gas emission scenarios.
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Climate Hazards in Foster City
Foster City can expect higher temperatures, worsening air quality, extreme droughts, extreme storms, and rising seas due to climate change. Cal-Adapt, the City’s Local Hazard Mitigation Plan (LHMP), and other available tools describe the type, magnitude, and onset of various local exposures of climate change that can be expected by the years 2050 and 2100, as predicted by the modeling of high emissions and low emissions scenarios. This report considers the effects of climate change on local temperature, precipitation, drought, wildfire, and sea-level rise.
Extreme Heat
California, in general, expects overall hotter conditions for both mean and extreme temperatures. An increase in heat waves and wildfires is likely among the earliest climate impacts experienced across the state.
Average maximum temperatures in Foster City are expected to increase by 5-9 degrees Fahrenheit by the end of the century (CalAdapt, 2021). Historically, Foster City has experienced approximately four days of extreme heat per year (For Foster City, this is defined as days when the maximum temperature rises above 93 degrees). This is expected to increase to between 11 and 19 extreme heat days annually by the end of the century (CalAdapt, 2021). Across the region, heat waves are expected to occur more frequently and be more intense and long- lasting due to climate change.
Unfortunately, Foster City’s tree canopy, which can provide much-needed shade during extreme heat, is limited relative to other cities in the state, covering only seven percent of its land. This percentage is weighted by the number of people per acre (HPI, 2021).
Figure 2.1 illustrates the “urban heat island” effect, where buildings, roads, and urban infrastructure absorb and re-emit the sun’s heat more intensely than the natural landscape. This effect becomes exaggerated in urban areas with limited greenery, resulting in higher daytime and nighttime temperatures relative to outlying areas. The urban heat island effect may exacerbate warming and extreme heat in Foster City and result in higher cooling demands.
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Source: USEPA, 2001
Anticipated Impacts
Increases in the number and intensity of extreme heat events will likely result in public health impacts, including heat-related illnesses, death, and worsening cardiovascular and respiratory conditions. Additionally, extreme heat can impact mental health by causing stress, aggression, and fatigue and by worsening existing mental health conditions. The 2006 heat wave in California killed over 600 people and resulted in 1,200 hospitalizations and 16,000 emergency department visits (CNAP, 2015). Extreme heat days also result in missed school and work days due to heat-related illnesses.
Extreme heat can indirectly impact health when power outages are caused by stress on the electrical grid and increased electricity demand for air conditioning. Power outages put vulnerable populations such as the elderly and individuals with existing health conditions at further risk as they must go without medical devices, air conditioning, and refrigeration. Power outages can also result in traffic disruptions and resulting delays in emergency response.
Extreme heat may also result in higher energy costs to cool homes and, over long periods, may result in tree die-off and the loss of urban tree canopy and parks.
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Vulnerabilities
Populations vulnerable to extreme heat include individuals with chronic illnesses, children, elderly, unsheltered individuals, uninsured individuals, people with reduced mobility, outdoor workers, linguistically isolated households, and low-income households.
Energy infrastructure experiences stress during periods of high demand that can impact the regional energy grid and result in power outages. Critical infrastructure such as emergency response facilities, healthcare facilities, cooling centers, and community centers may be vulnerable to extreme heat, especially if they do not have backup power sources. Extreme heat can also damage roads due to softening and melting of asphalt, especially in areas with high traffic volumes. Emergency response facilities cannot maintain operations if the connections to power or transportation routes between facilities and areas served are damaged or disrupted.
Higher average temperatures and long heat waves can also impact regional water sources by increasing water demand and evaporation losses.
Most Foster City residents live within walking distance of a park, beach, or open space, which can provide relief during extreme heat events. Additionally, the City’s proximity to the San Francisco Bay and the Pacific Ocean helps mitigate severe heat impacts relative to other communities lying further inland.
Air Pollution
Foster City is vulnerable to high levels of air pollution, mainly diesel particulate matter (diesel PM), resulting from high traffic density and proximity to state and federal highways. The area near the city center is in the 73rd percentile statewide regarding diesel PM. On an average day, the City experiences almost 15 kg/day of pollution from diesel PM. Climate change is expected to increase diesel PM and ground-level ozone concentrations, exacerbating the existing pollution burden in the City (CNRA, 2018; Park et al., 2020).
Regional wildfires are expected to increase in frequency and severity in the coming decades.
While wildfires in Northern California are generally not a direct threat to Foster City, the City’s air quality will be worsened by their far-ranging smoke impacts (CNRA, 2018). Additionally, changes in precipitation and temperatures are expected to increase pollen and airborne allergens, which may increase allergic reactions and asthma attacks.
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Anticipated Impacts
Foster City already experiences air pollution, which higher temperatures and smoke from regional wildfires will exacerbate. Existing health conditions may be worsened by poor air quality.
When wildfires are extreme, as occurred in the Fall of 2020, poor air quality may require individuals to “shelter in place” in their homes, which can negatively impact physical and mental health and cause missed work and school days.
Vulnerabilities
Communities and individuals who live in census tracts with poor air quality are susceptible to the effects of climate change. The City has relatively high levels of diesel PM, particularly in the census tracts near the center of the City, making it vulnerable to worsening air quality caused by climate change. Trees reduce air pollution by intercepting airborne particles and through the uptake of air pollutants through the leaf stomata. As a result, areas with greater tree cover, like the southeastern portion of the city, generally have better air quality compared to areas with fewer trees. Populations that are particularly vulnerable to the impacts of poor air quality include children, the elderly, outdoor workers, individuals with existing health conditions such as asthma, individuals without access to healthcare, and communities with low birthweights.
Sea Level Rise
This section is directly informed by the 2021 Multijurisdictional Local Hazard Mitigation Plan (San Mateo County, 2021), County of San Mateo Sea Level Rise Vulnerability Assessment (2018), and Adapting to Rising Tides.
Sea level rise is primarily caused by the melting of ice sheets and glaciers and the expansion of seawater due to global warming. As much of Foster City and the Bay Area is close to the shore, rising sea levels represent one of the region's greatest, if not the greatest, threats from climate change.
Several agencies in San Mateo County have conducted multiple studies on sea level rise, ensuring they use the latest data and scientific findings as climate conditions change. So far, sea level rise has been the most extensively researched aspect of climate change in the Bay area. San Mateo County has also created a Sea Level Rise Vulnerability Assessment. This assessment pinpoints regional risks and outlines strategies to enhance resilience against rising sea levels.
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In April 2018, the City/County Association of Governments of San Mateo County (C/CAG) Countywide Water Coordination Committee started working on a plan to create a countywide organization to tackle sea level rise, flooding, coastal erosion, and stormwater infrastructure at a regional level. After considering different ways to set up this agency, the Committee suggested expanding the scope, area, and governing board of the existing 1959 San Mateo County Flood Control District. Assembly Bill 825 (Mullin) was enacted following this recommendation in September 2019. Consequently, on January 1, 2020, the San Mateo County Flood and Sea Level Rise Resiliency District, also known as One Shoreline, was established.
Foster City took dramatic steps to address Sea Level Rise by implementing the Levee Improvements Project, which began in 2014 when the Federal Emergency Management Agency (FEMA) determined that the Levee did not meet the minimum criteria for flood protection. To maintain FEMA accreditation and keep Foster City properties out of the flood zone, Foster City voters approved Measure P in 2018 with nearly 81% support, authorizing the City to issue a $90 million general obligation (GO) bond to improve and strengthen the Foster City levee system.
The project began construction in October 2020, and over the past several years, the City and a team of contractors have worked to construct the new and improved levee and Bay Trail. The project is expected to be completed in 2024.
Forecast
The global mean sea level has increased by approximately seven to eight inches in the past century, caused by the anthropogenic influence of the global climate. The San Francisco Bay Area sea levels have increased by about eight inches since 1987 (SMC, 2018). However, the rise in sea level is expected to accelerate even faster in the coming decades, with potential increases of 1.0 feet to 10.2 feet by 2100 (CNRA, 2018). Coastal areas in the Bay Area are expected to experience an approximately 15% increase in areas vulnerable to flooding by 2100 (APG, 2012). Sea level rise increases typical tidal water levels, storm water levels, and flooding inundation risk. The frequency and intensity of coastal storms are expected to increase with climate change.
Daily tidal inundation refers to the effects of sea level rise on high tides, permanently increasing inundation of lower-lying areas. Figure 2.2 conceptually shows how sea level rise will affect daily tidal inundation and the severity of flooding from future coastal storms. Figure 2.3 depicts the San Mateo County area's regional sea level rise projections.
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Figure 2.2: Conceptual Shoreline Cross-Section Showing Tidal Inundation and Coastal Storm Flood Hazards
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Impact
The San Francisco Bay Area is one of the nation's hotspots for sea-level rise. Sea-level rise and coastal erosion will continue to affect public health facilities, and access to emergency medical services could be impaired. Flood events can lead to physical injury, illness, disease (e.g., vector-borne diseases like West Nile virus), and business disruption.
In 2018, the County of San Mateo finalized a Sea-Level Rise Vulnerability Assessment for the County in coordination with cities, agencies, businesses, community groups, and others. Sea- level rise impacts include flooding, increased wave action, rising groundwater tables and saltwater intrusion, increased erosion (i.e., landward shoreline retreat), and changes in sediment supply.
The economic value of San Mateo County property at risk from sea-level rise exceeds that of any other county in the Bay Area. The assessed value of parcels in the study area exposed to near-term (present-day) flooding exceeds $1 billion, and the assessed value of parcels exposed to erosion and flooding in the long term (50 to 100 years) totals roughly $39.1 billion.
In addition, the built and natural infrastructure meant to protect people and properties from flooding could be lost or severely affected, including more than 7,000 acres of wetlands (over 80 percent of all wetlands assessed) and as much as 24 miles of floodwalls and levees.
When population projections are considered, San Mateo County is one of six counties with more than 100,000 people in the nation (and the only one on the West Coast) that will be affected by a three-foot rise in sea level.
Vulnerabilities
Sea level rise would impact homes, roads, or major infrastructure in the City before 2100 if the City did not raise the levee and other adaptation actions. Additionally, the combined impacts of sea level rise and extreme rainfall could increase coastal and inland flooding of roads, residences, and evacuation routes. Ninety-nine percent of the population in Foster City lives within a sea level rise inundation area (HPI, 2021).
Recreational land uses such as parks and trails will be affected by sea-level rise. Other infrastructure designed to protect residents in a flood is vulnerable. This infrastructure includes outfalls, storm drains, and a stormwater pump station. Approximately 90% of Foster City’s wetlands, which will serve a role in helping the city adapt to rising sea levels, would be affected.
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with reduced mobility, as they may be less able to evacuate in the event of flooding. Low- income households, renters, rent-burdened households, and single-heads of the household are less likely to have access to financial resources and forms of reliable transportation, which are critical when evacuating from flood hazards or rebuilding following a flood event.
Unhoused individuals are particularly exposed to flood events and may have difficulty evacuating or relocating during a flood. Linguistically isolated households may also be vulnerable in a flood event as they may face more difficulty accessing timely information about evacuation.
Physical vulnerabilities to sea level rise within Foster City include residences, transportation infrastructure, businesses, recreational facilities, emergency response facilities, and stormwater and wastewater infrastructure.
Unfortunately, mitigating the impacts of rising sea levels is costly and requires extensive resources. Additionally, natural flood protection and natural recreation areas could be lost from significant impacts from rising sea levels.
Extreme Storms and Stormwater Flooding
Forecast
Foster City’s coastal areas and some areas further inland fall within the 100-year flood zone and storm wave hazard areas, as designated by FEMA. The city is also fully within the “Area of minimal flood hazards.” Under existing conditions, during a 50 or 100-year storm, widespread flooding can occur throughout the City. Figure 2.4, from the City’s 2020 Local Hazard Mitigation Plan (LHMP) (part of the City’s General Plan Safety Element), shows flood hazard areas at risk from 100-year and 500-year storms.
Foster City’s levee system provides flood protection from the San Francisco Bay area’s tidal action. City land within the levee system is not at risk from the 100-year floodplain, and flooding does not pose risks to land development (Foster City Land Use and Circulation Element, 2016) The city has existing natural and artificial infrastructure that protects it from flooding hazards.
Foster City Lagoon is a storm drainage retention basin, while Belmont Slough and Marina Lagoon is a stormwater basin.
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Figure 2.4: FEMA Flood Hazard Areas
Climate change is expected to increase the frequency, intensity, and duration of extreme precipitation events, likely increasing these types of flooding. By the late 21st century, total rainfall during precipitation events may increase by as much as 37 percent. The frequency and Foster City 2023 Climate Action Plan Page | 34
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severity of atmospheric river events (narrow bands of concentrated moisture that deliver intense precipitation over several days) are projected to increase in Foster City. Additionally, the impacts of stormwater flooding will be compounded by rising sea levels. With higher coastal water levels, extreme rainfall events will likely result in water backing up into the stormwater system and flooding through maintenance holes, as the stormwater system cannot move water into the ocean quickly enough.
Flooding from severe storms has been a common hazard in the Bay Area from 1950-2015, occurring on average 1.3 times per year over the past 60 years (Local Hazard Mitigation Plan).
Anticipated Impacts
Changes in snowpack levels and seasonal dryness increases could significantly impact regional water supply. As a part of the Bay Area Water Supply and Conservation Agency, Foster City relies heavily on water originating from the Sierra Nevada, with approximately 85% of the City’s total water supply coming from the Hetch Hetchy Watershed, sourced from the spring snowmelt from the Tuolumne River. The City also receives water from two local watersheds, the Alameda and Peninsula Watersheds. The recent 2011 to 2015 drought resulted in a declared State of Emergency and Bay Area water districts announcing local emergency proclamations.
Increased extreme storms and precipitation can result in flooding of streets, roads, and low- lying areas of the City due to the diminished function of the stormwater drainage system.
Flooding can impact important roadways and evacuation routes, as well as emergency evacuation routes and response times. Flooding of transportation routes may result in neighborhoods or households becoming stranded, unable to evacuate or access critical resources, or to be reached by emergency response. Additional surface water on roads can also lead to hazardous driving conditions. More frequent and severe flooding could damage residential and commercial property, displace populations, and cause injuries. Additionally, flooding can have a long-term impact, increasing mold and respiratory health issues.
If critical facilities such as emergency shelters, emergency response centers, or healthcare facilities are located below grade or have infrastructure situated below grade, they could be impacted by severe storms and flooding. Extreme storms and flooding also have the potential to impact power supplies, which are needed to deliver water, power, and other critical needs to residences and critical infrastructure such as hospitals and emergency response centers.
Vulnerabilities
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Vulnerable populations include individuals without automobile or transit access, linguistically isolated individuals, young children, and older adults, as they may be less able to evacuate in the event of a flood. Additionally, low-income households, renters, rent-burdened households, and single-head households are less likely to have access to financial resources and forms of reliable transportation, which are critical when evacuating from flood hazards or rebuilding following a flood event. Unhoused neighbors are particularly exposed to flood events and may have difficulty evacuating or relocating during a flood. Linguistically isolated households may be particularly vulnerable in a flood event as they may have more difficulty accessing evacuation information.
The City’s storm drain infrastructure is likely vulnerable to increases in precipitation. Property, facilities, and infrastructure below grade may also be vulnerable to stormwater flooding. This includes critical facilities, such as hospitals, fire stations, police stations, and city operations.
The City’s corporation yard, located within the flooding hazard area, contains a pump system that reduces interior flooding, water supply, and critical communications equipment during emergencies. Should flooding events occur, the facility and equipment could be damaged, and access to the facility could be hindered, affecting emergency response services. Other critical infrastructure at risk includes wastewater infrastructure and roads, which can potentially lose function with severe flooding.
Drought
Forecast
The Bay Area is at low risk of primary impacts from drought due to climate change, as the majority of Bay Area water sources are located outside of the region. Several secondary impacts can adversely affect the region, including a decrease in the water supply, impacts on agriculture quality and quantity, increased hazards from wildfires, and increased heat conditions. California experienced mild to extreme drought conditions over the past decade, which affected water supply statewide. Drought is affected by the quantity and distribution of precipitation and temperature. When total annual rainfall comes in fewer, more concentrated events, reservoirs and groundwater aquifers become saturated and cannot store additional water.
Water is then lost to stormwater runoff and is not retained in the watershed as it would with more evenly distributed precipitation. Warmer temperatures also increase snow melt, soil evaporation, and evapotranspiration, leading to drier soils, vegetation, and overall drier seasonal conditions.
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California's climate is quite unpredictable, with significant changes in rainfall from year to year.
In early 2023, for example, intense "atmospheric river" events led to more rain but less water stored in watersheds. Also, rising temperatures are expected to make soils drier and quickly lose moisture.
Rainfall in the Bay Area will keep showing dramatic shifts, alternating between very wet and very dry years. The Fourth Climate Assessment of California predicts more frequent and intense downpours. These heavy rain events could account for up to 50% of the yearly rainfall despite being only 17% of all rain events. Typically, these extreme storms dump a lot of rain over a small area, leading to flooding, especially in flood-prone regions. Moreover, studies suggest that warmer temperatures and short but intense rainfalls might increase the risk of flash floods and debris flows, especially in areas recently affected by wildfires.
Climate change is expected to increase the intensity and duration of future droughts (CNRA, 2018). More severe and prolonged droughts across California could significantly impact regional water supplies. In particular, climate change is expected to reduce snowpack in the Sierra Nevada, which supplies the majority of water for the Bay Area, placing pressure on groundwater resources and imported water supply. California has experienced prolonged, severe droughts in recent years, triggering water restrictions. These periods of drought are expected to increase in frequency and severity. The Bay Area is expected to experience secondary impacts on water supplies due to reduced snowpack levels.
Anticipated Impacts
The 2012–2016 statewide drought led to the most drastic moisture shortages in the last 1,200 years, resulting in a 1-in-500-year low in the Sierra snowpack. This drastically reduced snowpack resulted in $2.1 billion in economic losses, 21,000 jobs lost statewide in agricultural and recreational sectors, and a continuing exhaustion of groundwater sources.
Even while drought conditions lessened in 2023 due to increased rain in the Winter of 2023, the markers for future droughts persist. As the climate changes and drought become more prevalent, Foster City's primary reliance on Hetch Hetchy will become more problematic, with ever-increasing calls for conservation as the greater Bay Area relies on this vital resource as a continued reliable drinking source.
The Estero Municipal Improvement District (EMID), which provides water service to Foster City, declared a water shortage emergency in 2014, leading to water conservation measures.
Intensification of future droughts could result in more water restrictions, water price increases, Foster City 2023 Climate Action Plan Page | 37
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and water quality impacts. Stress on the water supply could be compounded by rising sea levels impacting groundwater resources. However, the County of San Mateo Sea Level Rise Vulnerability Assessment (2018), which evaluated the primary sources of potable municipal water supply in the Water Districts of San Mateo County, found that groundwater is not currently a resource for the majority of the Water Districts in San Mateo County, including EMID.
Increases in the frequency and severity of drought are likely to impact open spaces and parks, resulting in dry soils and vegetation and the loss of some species that are not drought tolerant.
Drought could result in loss of urban tree canopy and overall damage to local parks. Impacts on vegetation in parks and open spaces may also indirectly affect wildlife. Regionally, stress on water supply may impact agricultural yields and result in higher food prices. Increases in the severity and length of seasonal dryness and periods of drought are likely to increase the severity of regional wildfires. While wildland fires do not directly threaten Foster City, regional wildfires can worsen Foster City's air quality.
Under extreme conditions, drought can impact paving materials, resulting in racking and warping or paving materials. The loss of water storage and water supply can also reduce hydroelectric generation, a significant power source in California, leading to grid instability and increased reliance on fossil fuels to meet peak energy demand.
Vulnerabilities
Vulnerable populations include low-income households who will be disproportionately affected by increases in water prices. Additionally, individuals sensitive to air pollution, including outdoor workers and those with chronic illnesses, are indirectly impacted by drought when it increases the frequency and severity of regional wildfires, causing more smoke and bad air quality days.
The city's physical assets vulnerable to drought include parks, urban trees, and water supply infrastructure.
Increased Impact on Energy Systems
The Bay Area electrical grid, on which the City relies, is vulnerable to power outages during wind and wildfire events, such as Public Safety Power Shutoffs (PSPS) – planned power outages to prevent occurrences of electrical equipment starting wildfires. Many of the state’s natural gas pipelines are located along waterways and will be impacted by flooding from sea-level rise and extreme storm events. California’s transportation fuel sector, which distributes oil from Foster City 2023 Climate Action Plan Page | 38
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refineries to end users, will be increasingly exposed to extreme weather events such as flooding and wildfire.
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Section 3: Greenhouse Gas (GHG) Emissions
The first step toward developing a climate action plan is to identify sources of emissions and establish baseline levels. In 2021, the City performed a Community and Municipal inventory for calendar year 2019. The 2019 inventory was conducted using the same methodology for developing RICAPS inventories. It was What is RICAPS?
prepared using a consistent methodology
across all previous data years, except the
road length adjustment by Caltrans in
2016, which resulted in a significant VMT
reduction for 2016.
The Regionally Integrated Climate Action Planning
Suite (RICAPS) is a set of tools and a collaboration
of all 20 incorporated cities and the County in
climate action planning and implementation. The
20 cities and the County work together to plan and
implement measures to reduce greenhouse gas
(GHG) emissions (mitigation) and to plan for climate
change (adaptation). A working group of cities
Overall, emissions since 2005 have gone
down considerably, and the City has
achieved the first two reduction targets
from the 2015 Climate Action Plan.
meets monthly, and a countywide technical
contractor supports the cities and the County by
helping them develop climate action plans and
GHG emission inventories and by guiding plan
implementation.
Methodology
This Climate Action Plan includes a
detailed assessment of community Greenhouse Gas (GHG) emissions. This involves evaluating the emissions from both residents and businesses, as well as from municipal operations. This assessment follows recognized protocols and industry best practices to ensure accuracy and adherence to standards. The process begins by pinpointing the various activities that lead to GHG emissions. Data related to these activities for a specific calendar year was then gathered and summarized. Utilizing scientifically established GHG emission factors, this data is transformed into a comprehensive account of the GHG emissions resulting from all the identified sources. These emissions are quantified in metric tons of carbon dioxide equivalent (MT CO2e), providing a clear picture of Foster City’s environmental impact and paving the way for targeted climate action strategies.
This Climate Action Plan features a generation-based GHG inventory focused on emissions from various local sources (Table 4.1), such as transportation, energy use in the built environment (through electricity, natural gas use, and other stationary fuel combustion), and emissions from solid waste management (specifically, methane release during organic waste breakdown in landfills). Additionally, it covers water and wastewater-related emissions.
However, it's important to note that not all GHG-emitting activities within the city are accounted for in this inventory. Activities beyond the scope of city policies, and thus outside their control, Foster City 2023 Climate Action Plan Page | 41
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are not included. For instance, emissions from vehicles merely passing through the city, with no origin or destination within city limits, are omitted since these are not within the local government's sphere of influence. Additionally, GHG emissions related to food sources, such as meat and dairy consumption instead of plant-based sources, are not included.
There are two established GHG Inventory methods. Below is an analysis of both approaches.
Generation-Based GHG Inventory
•
•
Methodology: Focuses on emissions based on energy use.
Key Aspects:
o
o
o
Direct Energy Consumption: Includes transportation energy use.
Electrical Grid Consumption: Accounts for energy used from the grid.
Waste-Related Emissions: Considers emissions from waste treatment and decomposition.
•
•
Industry Standard: This method is widely accepted for quantifying community GHG emissions, categorizing emissions by their source.
This approach has been used consistently for GHG Inventories since 2005.
Consumption-Based GHG Inventory:
•
•
Methodology: Centers on emissions tied to overall consumption.
Holistic Approach: Offers a broader perspective by quantifying emissions from the consumption of goods and services by residents, including food, clothing, and electronics.
•
•
Emissions Reporting: Emissions are categorized based on consumption types.
Challenges and Limitations:
o Data Availability: There's a scarcity of necessary data to implement this method effectively.
o Life-Cycle Calculations: Difficulties arise in conducting life-cycle assessments with limited data, such as the specific breakdown of food types consumed per household.
• This methodology is not employed in this plan due to the above challenges.
In summary, While the generation-based inventory method focuses on direct and indirect energy consumption and waste-related emissions, the consumption-based method takes a broader view, considering the entire lifecycle and variety of goods and services consumed.
However, challenges like data availability and the complexity of life-cycle calculations have hindered the implementation of the consumption-based approach in Foster City's plan.
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2019 GHG Emissions Inventory
Foster City's first generation-based inventory was completed for 2005 (the baseline year).
Then, in 2010, new residential/business GHG inventories were completed annually, enabling Foster City to track progress over time. The whole community inventory was completed for all sectors – residential, business, and municipal.
In 2019, another whole community inventory (residential, business, and municipal) was conducted, which showed that the City emitted an estimated 205,958 metric tons (MT) of carbon dioxide equivalent (CO2e) from the residential, commercial/industrial, transportation, waste, wastewater, and water sectors. Compared to the baseline year 2005, 2019 saw a 22.5% decrease in total community emissions.
The inventory provides a detailed understanding of where the highest emissions come from and, therefore, where the most significant opportunities for emissions reductions lie. The inventory also establishes a baseline emission inventory against which to measure future progress.
Emissions are quantified according to these six sectors:
•
•
•
•
•
•
The Energy – The electricity sector represents emissions generated from electricity use in homes, commercial and public buildings and facilities, and electric vehicle charging in Foster City.
The Energy – Natural Gas & Multiple Fuels sector represents emissions generated from using natural gas in homes and natural gas and multiple fuels in commercial buildings.
The Transportation sector includes emissions from local roads and off-road equipment. Electricity used to charge electric vehicles is embedded in electricity consumption reported in the Built Environment – Electricity sector.
The Solid Waste sector represents fugitive methane emissions generated over time as organic material decomposes in landfills. Although most methane is captured or flared off at the landfill, approximately 25% escapes into the atmosphere.
The Wastewater sector represents stationary, process, and fugitive GHGs created during wastewater treatment generated by the community and emissions from energy used to process wastewater.
The Water sector represents emissions from energy used to pump, convey, treat, and distribute potable water from the water source to water users in Foster City.
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The two largest emissions categories are transportation (including highway travel, local travel, and off-road equipment) and building energy use (including residential and commercial/industrial).
Table 4.1: Foster City 2019 Community and Municipal GHG Emissions (MTCO2e) by Sector (breakdown)
2019 GHG
EMISSIONS
PERCENT OF TOTAL
EMISSIONS (%)INVENTORY/SECTOR
ENERGY (BUILT ENVIRONMENT)
(MT CO2e)
42%
7%Electricity
Residential Electricity
Commercial/Industrial Electricity
4,075 2%
10,483 5%
Natural Gas & Multiple Fuels
Residential Natural Gas
35%
12%
12%
10%
24,940
25,420
20,738
Commercial/Industrial Natural Gas
Stationary Source (Multiple Fuels)
TRANSPORTATION 57%
49%
8%
Transportation – Local Roads & State Highways
Off-road Equipment
100,867
16,657
SOLID WASTE 1%
Solid Waste Disposal 2,234
536
1%
WASTEWATER <1%
<1%
<1%
<1%
100%
Wastewater Treatment
WATER
Water Use 8
Total 205,958
MUNICIPAL INVENTORY
Energy – Buildings & Other Facilities
Transportation – Vehicle Fleet
Solid Waste
372
443
26 Total 841
Table 4.2: Foster City GHG Community Emissions Comparison 2005 vs. 2019 (energy breakdown by residential and commercial/industrial emissions) Foster City 2023 Climate Action Plan Page | 44
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2005 GHG
Emissions
(MT CO2e)
2019 GHG
Emissions
(MT CO2e)
Percent
Change in
Emissions (%)Sector
Residential – Energy
7F
9 44,742
53,581
163,301
4,144
29,015
56,641
117,524
2,234
8 -65%
+5%
-28%
-54%
N/A
Commercial/Industrial – Energy
8F
10 Transportation – Local Roads & State Highways
Solid Waste
Water9F 11 N/A
Wastewater
TOTAL
N/A 536 N/A
265,768 205,958 -22.5%
Table 4.3: Foster City Community Annual Emissions Over Time: 2005 – 2019 300,000
265,768
246,542
250,000
200,000
150,000
100,000
50,000
0 232,913
205,958
2005 2010 2015 2019
The most notable shift in GHG emissions comes from residential energy use (Table 4.2).
Overall, the results indicate that the City has already achieved the target milestone from the 2015 Climate Action Plan of reducing community-wide emissions 15 percent below 2005 levels by 2020 and 22.5 percent lower than 2005 levels; the City has achieved its 2025 – 20% GHG Emissions Reduction Goal (Table 4.3).
9 In 2005, 37% of Residential emissions were derived from electricity. In 2019, the percentage dropped to 14%.
Residential natural gas use has remained relatively flat. 10 Commercial/Industrial energy use has remained flat between 2005 and 2019. However, compared to 2005, Commercial/Industrial electricity use decreased 72% but natural gas and other stationary sources increased 64%. 11 Water and wastewater emissions were not available for 2005.
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Energy (Built Environment) – 85,656 MT CO2e
From 2005 to 2019, Foster City witnessed a remarkable 72% reduction in electricity emissions.
The residential sector saw a 75% decrease, paralleled by a 72% decline in the commercial and industrial sectors.
This significant reduction is linked to the city's transition to Peninsula Clean Energy (PCE) despite an overall increase in electricity consumption within this period. A pivotal shift in electricity emissions was observed in 2016, marked by a substantial decrease despite stable consumption levels from the previous year. This drop in emissions is credited to the adoption of Peninsula Clean Energy (PCE) as San Mateo County's electricity generator in 2016, which benefits both municipal and community accounts. Municipal accounts switched to the ECO100 service, offering 100% renewable energy. At the same time, the community was opted into the ECOplus service, which provides 50% renewables per the state's standards, with the option to upgrade to the ECO100. Residential electricity usage rose by 64%, and commercial/industrial usage by 74%.
Natural gas emissions in residential areas have steadily declined, with a 12% reduction from 2005 to 2019. In contrast, commercial and industrial natural gas and stationary source emissions surged by 52%. The decrease in residential natural gas emissions is attributed to a drop in consumption, given the consistent carbon intensity of natural gas combustion and a steady push toward electrification over the past 15 years. The increase in commercial/industrial natural gas and other fuels (stationary source) has increased yearly due to increased commercial/ industrial activity in the north part of Foster City.
Transportation – 117,524 MT CO2e
Transportation is the sector with the highest GHG emissions, accounting for 57% of total 2019 emissions. These emissions derive from local roads (including pass-through trips) and off-road equipment.
Between 2005 and 2019, emissions from transportation fell by 34 percent. This decrease was due to less transportation activity, improved vehicle fuel efficiency, and an updated methodology for tracking transportation emissions.12
12 RICAPS uses California Public Road Data (PRD) from Caltrans’ Highway Performance Monitoring System (HPMS) for all jurisdictions’ inventories within San Mateo County, unless the jurisdiction requests the alternative. HPMS VMT data is collected using the in-boundary method, which is more likely to include pass-through trips that fall within the jurisdiction’s geographic boundaries.
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Solid Waste – 2,234 MT CO2e
Emissions from solid waste, accounting for about 1% of the City's total emissions, saw a considerable reduction of 37% from 2005 to 2010. They remained relatively steady from 2010 to 2019. Overall, emissions from solid waste fell by 46% from 2005 to 2019, but the decrease was just 15% when considering the period from 2010 to 2019.
Greenhouse gas (GHG) emissions from solid waste occur when organic materials decompose under anaerobic conditions in landfills, releasing methane, a 28 times more potent GHG than CO2. In these anaerobic environments, organic waste like paper, plant debris, and food waste generates methane, whereas non-organic waste such as metal and glass does not.
Water and Wastewater – 544 MT CO2e
Water and wastewater contribute minimally to the City's emissions, each accounting for less than 1 percent of the total. These sectors were excluded from the 2005 emissions inventory due to a lack of data. It was presumed that emissions from water usage were included under the energy sector, and emissions from wastewater treatment13 were considered minimal.
However, between 2010 and 2019, emissions from wastewater treatment saw a substantial increase of over 200 percent, while emissions related to water usage dramatically decreased by 99 percent. However, in absolute terms, this equates to an increase of about 366 MTCO 2e for wastewater and a decrease of 559 MTCO2e for water.
2030 – 2045 GHG Emissions Forecasts
To develop a GHG emissions forecast, “growth metrics” (e.g., population, housing, and employment projections) are multiplied by Business-as-Usual (BAU) “growth indicators,” which represent a baseline metric developed from the GHG emissions inventory. This process allows the City to convert growth projections into future GHG emissions estimates using specific GHG emissions factors, which are assumed to be the same in the future as in the 2019 GHG emissions inventory. The result is a BAU forecast in which GHG emissions change in relation to demographics, assuming that GHG emissions rates and activity data will continue in the future as they did in the year of the 2019 GHG emissions inventory. This methodology is used for all GHG emissions sectors and sources included in the 2019 GHG emissions inventory. 13 Wastewater Treatment Plant emissions are shared with San Mateo, since Foster City and San Mateo share use and owndership of the San Mateo-Foster City Wastewater Treatment Plant (currently under construction).
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The adjusted GHG emissions forecast then accounts for reductions anticipated from state and regional legislation already in place. For example, the California Renewable Portfolio Standard (RPS) mandates that 100 percent of the electricity sold by the State’s investor-owned utilities be generated from renewable resources by 2045, with an interim target of 60 percent by 2030.
The impact of state- and regional-level actions on reducing local emissions is significant and can be seen in Figure 4.5. It is shown in relation to Foster City’s emissions baseline, business- as-usual forecast, and reduction target.
“Business-as-usual” (BAU) emissions (Figure 4.4)
• This projection represents the emissions expected if the 2019 patterns of travel, energy and water consumption, and waste generation/disposal were continued throughout time. This projection factors in the expected county population rate and job growth across Foster City. This projection is considered without any measures, policies, or actions reducing emissions over time, including state legislation and/or any other policies or procedures accepted after 2019.
Adjusted emissions (Figure 4.5)
• This projection incorporates the same factors as the BAU scenario but includes key State and regional policies. State policies include clean car standards, California Renewable Portfolio Standards (RPS), and energy efficiency policies such as Title 24.
This projection does not include the effect of Peninsula Clean Energy (PCE) operating in San Mateo County (see Section 6: Strategies). However, switching from PG&E to PCE reduces energy emissions by providing electricity sourced from a larger share of renewable and carbon-free sources, resulting in lower emissions. Though PCE provides critical emissions reductions through 2030 and 2040, by 2045, the Renewable Portfolio Standard will have closed that gap by forcing all electricity providers to offer a similarly clean energy mix.
2030 ADJUSTED EMISSIONS
(MT CO2e) – STATE
REDUCTIONS (the number
the City needs to reach AFTER
state programs)
FOSTER CITY
EMISSIONS
REDUCTIONS REQUIRED
(MT CO2e) TO MEET
2030 GOAL
TARGET EMISSIONS BY
2030 (MT CO2e) – 49%
BELOW 2005 (the number
the City needs to reach)
2019 EMISSIONS
(MT CO2e)
205,957 130,226 161,716 31,490
31,490 (MT CO2e): This reduction is necessary to reach the 2030 goal. Foster City is committed to taking the actions needed to meet this target. Those actions are described in Section 5:
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Strategies to Reduce Greenhouse Gas Emissions. By implementing the strategies in this Plan, emissions are projected to decrease by 62,329 MTCO2e) by 2030, doubling the 31,490 reductions required to meet the 2030 goal.
Figure 4.4: Foster City Business-as-Usual (BAU) GHG Emissions Forecasts (MT CO2e) 300,000
250,000
200,000
150,000
100,000
50,000
0 2005 2010 2015 2019 2030 2040 2045
Electricity Natural Gas/Multiple Fuels Transportation Sold Waste Wastewater Water Figure 4.4 shows the Business-as-Usual (BAU) forecast from Foster City’s projected growth.
Between 2019 and 2030, emissions are projected to increase by 5 percent, roughly 10,500 MTCO2e. Emissions are projected to rise by nearly 12 percent between 2019 and 2045, an increase of approximately 24,000 MTCO2e.
In addition to the Business-as-Usual (BAU), forecasts were developed under the adjusted BAU scenario, which accounts for the expected impact of significant federal and state policies and regulations designed to reduce GHG emissions from the energy and transportation sectors of the economy. The RICAPS Forecasting Tool was used to develop the adjusted BAU forecast, which includes the following regulations and assumptions:
•
•
•
Advanced Clean Cars initiative
Low Carbon Fuel Standard
Renewables Portfolio Standard (RPS)
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•
•
•
Zero net energy (ZNE) new residential construction by 2020 ZNE existing commercial construction by 2030
SB 1383 – Organic Waste Diversion
Figure 4.5: Foster City Adjusted BAU Forecast GHG Emissions Forecasts (MT CO2e) 300,000
250,000
200,000
150,000
100,000
50,000
0 2005 2010 2015 2019 2030 2040 2045
Electricity Natural Gas/Multiple Fuels Transportation Sold Waste Wastewater Water Figure 4.5 graphically depicts the adjusted BAU forecast, showing the large contribution State regulations are expected to have on the City’s future emissions. The City projects that the 2030 Adjusted GHG Emissions will be approximately 161,716 MT CO2e, a 39% reduction from 2005 levels.
As projections extend further into the future, confidence in their accuracy diminishes, given the uncertainty surrounding advancements and shifts in technology, regulations, and business conditions. However, the forecasting exercise provides a valuable basis for estimating Foster City’s future carbon footprint and establishing a roadmap for setting targets and reducing emissions.
To reach the 2045 goal, a much greater reduction would be needed. It is unlikely that the GHG reduction measures in the CAP will be enough to achieve carbon neutrality by 2045. However, Foster City 2023 Climate Action Plan Page | 50
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one can reasonably expect significant reductions from additional state actions and technological advances in the transportation and energy sectors over an extended period.
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Section 4: Greenhouse Gas (GHG) Reduction Targets
California has set bold and aggressive goals to reduce greenhouse gas (GHG) emissions. The California Global Warming Solutions Act (Assembly Bill 32) of 2006 aimed to bring emissions down to 1990 levels by 2020. due to a lack of available data for 1990 emissions for local governments, the California Air Resources Board (CARB) suggested they aim to reduce emissions by 15% from their current levels, as noted in the 2008 Climate Change Scoping Plan.
Due to the uncertainty of 1990 data, San Mateo County cities typically use 2005 as their baseline for measuring emissions and set their GHG reduction goals based on that year.
The State has set more ambitious goals for the future. Senate Bill 32, passed in 2016, targets a 40% reduction below 1990 levels by 2030. Assembly Bill 1279, from 2022, aims for an 85% reduction from 1990 levels and achieving carbon neutrality by 2045. 2023 Climate Action Plan Reduction Targets
This Climate Action Plan sets goals to cut communitywide emissions by 49% below 2005 levels (estimated to be 40% below 1990 levels), surpassing the State's guidance for local areas, and aims for carbon neutrality by 2045. The CAP outlines specific actions and projects emission reductions up to 2030.
Foster City has already surpassed its 2020 GHG reduction target, set in the 2015 Climate Action Plan, of a 20% reduction by 2025. As of the 2019 GHG inventory, Foster City has cut emissions by 22.5% compared to the 2005 baseline.
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Figure 4.1: Foster City 2023 Climate Action Plan GHG Emissions Reduction Targets Foster City
2023 Climate Action Plan GHG
Emissions Reduction Goal:
34,490
By 2030 (In Addition to State
Emissions Reductions)
To meet the 2030 Target, Foster City must reduce
GHG emissions by 130,226 MT CO2e.
The GHG Emissions reduction required by 2030 below business-as-usual projected emissions, 130,226 MT CO 2e, is the equivalent of taking 28,979 passenger vehicles off the road for an entire year. However, after adjusting for State regulations (Adjusted Emissions), Foster City needs to reduce local emissions by 34,490 MT CO2e. Section 5 includes strategies and actions to support the 2030 goal and sets the City toward 2045.
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Local Greenhouse Gas Emissions Reduction Strategies
GHG Reduction by Share of Total
ReductionsStrategy 2030
-29,308
-1,485
-6,280
-26,542
Electrification 47%
2%Solar Installations
Peninsula Clean Energy
Decarbonize Transportation
10%
43%
3%Micormobility -1,714
TOTAL -62,329
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Section 5: Strategies to Reduce Greenhouse Gas
Emissions
The 2023 Climate Action Plan includes a variety of regulatory, incentive-based, and market- based strategies that are expected to reduce emissions. Several strategies build on existing programs, while others provide new opportunities to address climate change. State actions will have a substantial impact on future emissions. Local strategies will supplement these State actions and achieve additional GHG emissions reductions. Successful implementation will rely on the combined participation of City staff and residents, businesses, and community leaders.
For each of the four sectors, a description of the specific actions the City will undertake to implement each measure is needed. Sometimes, there is no direct or reliable way to estimate GHG savings for a particular measure, or the savings are embedded in another measure.
Community Engagement
The Climate Action Plan Project Team, which included City Staff, consultants, and the City’s Citizens Sustainability Advisory Committee (CSAC) members, conducted extensive outreach on proposed draft strategies (see Appendix C: Community Engagement for more information).
Through surveys, Community Meetings, and individual and group conversations with community members, the following key themes, priorities, and concerns were identified:
•
•
•
•
•
•
Respondents felt subsidies were needed to help homeowners, multifamily housing, and businesses upgrade their infrastructure.
Respondents want updated building codes requiring solar panels and other sustainability metrics.
Respondents are worried about overdevelopment and want to preserve green space while adopting more drought-resistant plants.
Residents were very interested in creating more bike infrastructure and public transportation options for residents of Foster City.
There was an acknowledgment of the difficulty of upgrading and adopting technology while owning within a homeowners association.
Some respondents suggested taxing bad behaviors, such as creating too much waste, recycling improperly, or using too much electricity.
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Climate Action Plan Reduction Strategies Overview
This Climate Action Plan sets goals to cut communitywide emissions by 49% below 2005 levels (estimated to be 40% below 1990 levels) and aims for carbon neutrality by 2045. The CAP outlines specific actions and projects emission reductions up to 2030.
The local strategies presented in the following sections, summarized in Table 5.1 and Figure
5.2 below, achieve GHG emissions reductions in the community of approximately 17,950 MTCO2e in 2030.
To meet the 2030 50% reduction goal, this Plan provides a roadmap to reduce emissions and promote climate action in four sectors:
•
•
•
•
Energy and Water (E-W)
Transportation and Land Use (T-L)
Waste and Consumption (W-C)
Climate Resiliency and Leadership (C-L)
Each sector has strategies, actions, and methods to encourage community participation. The key actions identified in each sector must be accomplished within the next 1-5 years to stay on pace with achieving the goals in this plan. These sectors were selected based on GHG emissions, community feedback received throughout the engagement process, and climate action best practices. GHG mitigation measures and actions are organized according to the following hierarchy:
Sectors: Sectors define the GHG emissions category in which the GHG reductions will occur (see above).
Measures: Measures identify specific goals and GHG reductions necessary to address GHG emissions in each sector and achieve the community’s GHG reduction targets. The reduction of GHG emissions is included for each measure, if quantifiable.
Actions: Actions are the specific steps the City and community will implement to support each measure, which will accomplish the measure goal together. Actions specifically identify the mechanisms required for implementation. Measures and actions can be either quantitative or supportive, depending on whether they directly result in GHG emissions reductions or instead Foster City 2023 Climate Action Plan Page | 58
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support reductions (for example, the development of partnerships or education programs).
This CAP also focuses on municipal operations, issues, and community activities, including how residents, organizations, and businesses can contribute to Foster City’s emission reduction goals.
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Sector 1: Energy and Water (E-W)
In California, buildings account for 70 percent of total electricity use and 20 percent of total GHG emissions. In 2019, buildings in the residential and commercial/industrial sectors accounted for 42 percent of total emissions in Foster City, with 83 percent of building emissions resulting from natural gas or other fuel (stationary sources) consumption and 17 percent resulting from electricity consumption.
Buildings commonly use electricity for lighting, refrigeration, ventilation, cooling, and powering devices like computers and phones. Conversely, natural gas is mainly utilized for space heating, water heating, and cooking.
Connection Between Energy and Water Use
Energy and water usage are interconnected. Energy is necessary for water transport, wastewater, and heating water in homes and businesses. Around 20% of the state's electricity and 30% of its natural gas are used in these water-related processes. Figure 5.1 illustrates that 10% of this energy is dedicated to water transport and treatment, with the remainder used for heating water across various sectors.
Far more emissions are created from the energy used to heat water, but those emissions are counted in the residential and commercial energy sectors. Therefore, the water sector comprises a much smaller share of community emissions than one might expect.
The State of California remains a leader in implementing policies to reduce water consumption.
Assembly Bill 1668 (AB 1668) and Senate Bill 606 (SB 606), adopted in 2018, require urban water providers to establish a target for water use by 2022 and threaten fines for agencies failing to meet their goals beginning in 2027. Standards will be based on an allowance of 55 gallons per person per day for indoor water use, a to-be-determined amount of residential outdoor use, and a standard for water loss due to leak rates in water system pipes.
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Figure 5.1: Energy (Electricity and Natural Gas) Used by the Water Sector in California Considerations
To reach Foster City's 2030 emissions reduction target, natural gas consumption will need to decline significantly through energy efficiency and electrification. Energy efficiency is simply using less energy to perform the same task; for example, replacing a low-efficiency gas furnace with a high-efficiency gas furnace. Electrification is replacing equipment in buildings powered by natural gas, including gas furnaces and gas water heaters, with electric equipment, such as air source heat pumps and heat pump water heaters.
With the launch of Peninsula Clean Energy and the State’s requirement through Senate Bill 100 (SB 100) that utilities procure 100 percent of electricity through renewable resources by 2045, the percentage of building emissions associated with electricity will continue to decline.
The Big Energy and Water Goals:
E-W.1 Reduce emissions from the energy sector
Target: Reduce energy emissions by 50% compared to 2005 E-W.2 Decarbonize existing residential and commercial buildings Foster City 2023 Climate Action Plan Page | 61
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Target: Increase residential and commercial solar installations Target: Decarbonize 10% of existing commercial and 20% of existing residential buildings by 2030.
Target: Continue to provide carbon-free electricity options to the community and maintain Peninsula Clean Energy (PCE) opt-out rates of less than 3%.
E-W.3 Reduce Water Consumption
Target: Reduce water consumption by 5% by 2030 and 15% by 2045.
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E-W.1 Reduce emissions from the energy sector
Target: Reduce energy emissions by 50% compared to 2005 Enhancing the energy efficiency of buildings is typically the most economical way to reduce greenhouse gas (GHG) emissions. Implementing energy efficiency measures, like improving insulation and fixing leaks in heating ducts, can lead to energy savings of up to 20%. More comprehensive renovations, such as "whole house" retrofits, can yield even greater savings.
Many of these upgrades are affordable and don't require extensive remodeling. Simple changes can be highly cost-effective, such as replacing incandescent bulbs with LED bulbs, sealing drafts, and installing programmable thermostats. Investing in Energy Star-certified appliances, high-efficiency heating and cooling systems, and high-performance windows conserves energy and lowers operational costs. Various rebates, financing options, and tax incentives are often available for residents and businesses to support these improvements, helping offset the initial investment costs.
What YOU Can Do California mandates green building and
energy efficiency standards through its Title
24 building codes, updated roughly every
three years. Since 2001, these updates have
consistently heightened energy efficiency
requirements. The state's ultimate goal is for
all new buildings to achieve zero net
electricity consumption. Local governments
can hasten progress toward this goal by
recommending energy efficiency standards
for new constructions and remodels that
surpass state requirements. Additionally, they
•
•
•
•
•
Replace indoor and outdoor lights with LED
bulbs and turn them off when not in use.
Have an energy assessment done for your
home or business.
Upgrade insulation, seal leaks, and install a
programmable thermostat.
Purchase Energy Star appliances and
equipment.
Unplug electronic appliances when not in
use and set the thermostat to use less heat
and air conditioning.
can foster faster community adoption by offering incentives, technical support, and simplified permitting processes.
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E-W.1.1 Promote and expand participation in residential and commercial energy efficiency programs. (0 MTCO2e Emissions Reduction by 2030)
A. Market participation in commercial energy efficiency programs offered by SMC Energy Watch and PG&E.
B. Promote appliance rebate programs offered by Peninsula Clean Energy (PCE), PG&E, and the Bay Area Air Quality Management District (BAAQMD).
C. Continue and expand participation in energy efficiency programs as they become available.
D. Promote utility, state, and federal rebate and incentive programs.
E. Participate and promote financing and loan programs for residential and non- residential projects such as Property Assessed Clean Energy (PACE) programs, PG&E on-bill repayment, and California Hub for Energy Efficiency Financing (CHEEF) programs.
F. Through outreach and education, renters are guided on obtaining energy usage and efficiency information for rental units.
G. Promote energy audits for all residential, commercial, and municipal buildings through education and outreach.
E-W.1.2 Reduce municipal energy consumption through energy efficiency projects and behavioral and operational changes. (0 MTCO2e Emissions Reduction by 2030) A. Periodically conduct energy efficiency audits at City buildings and facilities and implement recommended energy efficiency projects.
What is Peninsula Clean Energy (PCE)?
Peninsula Clean Energy began providing electricity from clean energy sources at lower rates than PG&E to 20 cities and towns across San Mateo County in 2016. Customers of Peninsula Clean Energy have two different product options: ECOplus has lower power rates and nearly double the percentage of renewable energy as PG&E. ECO100 is 100% renewable, providing the greatest climate benefit. Peninsula Clean Energy also provides a suite of rebates and resources to electrify homes and vehicles, for both residents and businesses. Learn more at:
https://www.peninsulacleanenergy.com/
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E-W.2 Decarbonize existing residential and commercial
buildings
Target: Increase residential and commercial solar installations Target: Decarbonize 5% of existing commercial and 10% of existing residential buildings by 2030.
Target: Continue to provide carbon-free electricity options to the community and maintain Peninsula Clean Energy (PCE) opt-out rates of less than 3% Renewable energy sources, including solar, wind, geothermal, and small hydroelectric, are the cleanest and most environmentally friendly. According to data provided by Project Sunroof, 73% of Foster City's buildings have solar-viable roofs. Due to a shady roof or a reluctant landlord, residents and business owners can purchase 100% renewable electricity from Peninsula Clean Energy (PCE) when solar is not an option. Peninsula Clean Energy’s ECO100 is 100% renewable energy.
Since Foster City’s electricity is so clean, transitioning from natural gas to electric appliances and heating systems is a healthier option. Numerous incentives and rebates are available to encourage replacing natural gas appliances with efficient electric versions, such as water heaters, furnaces, and cooking ranges. To achieve the City’s long-term environmental goals, it will be necessary to switch most natural gas appliances and equipment in existing buildings to electric alternatives.
Additionally, the cost of batteries is decreasing,What YOU Can Do making them an increasingly viable option. For
those worried about power outages during
Public Safety Power Shutoff events, combining
solar energy with battery storage is a cleaner
and more sustainable alternative to generators
powered by natural gas or other fuels. As the
City moves towards decarbonizing buildings, it
will be essential for utilities to enhance grid
capacity, invest in electricity storage solutions,
and maintain system reliability. Fortunately, the
ongoing advancement in energy storage
technologies is opening up new business
•
•
•
•
Replace appliances that use natural gas
for ones that use electricity.
Switch to PCE’s 100% renewable
electricity ECO100 product.
Install a solar energy system on your home
or business and consider battery storage.
Investigate efficient heat pump
technology so you can swap out water
heaters and home heating systems that
use natural gas when it’s time to replace
them.
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prospects and paving the way for a future that relies entirely on electric power and 100% renewable energy sources.
E-W.2.1 Increase residential and commercial solar installations. (-1,485 MTCO 2e Emissions Reduction by 2030)
A. Provide financial incentives for solar PV and battery storage installations.
B. Encourage bulk purchases such as the Peninsula SunShares Program.
C. Provide free assistance for project developers through the Power Purchase Agreements (PPA) and interconnection process.
D. As necessary, update building codes, design guidelines, and zoning ordinances to facilitate further small, medium, and large-scale installations.
E. Encourage the installation of solar panels over parking areas on commercial projects and large-scale residential developments through ordinances, engagement campaigns, or agency incentives.
F. Identify and promote financing and loan programs for residential and non-residential projects.
G. Study opportunities and specific action steps to expand municipal rooftop solar and battery storage.
H. Provide education and outreach to stakeholders, including businesses, residents, and contractors, on the benefits of pairing battery storage with solar PV systems at City information centers like the permit counters.
E-W.2.2 Decarbonize 10% of existing commercial and 20% of existing residential buildings by 2030. (-29,308 MTCO2e Emissions Reduction by 2030)
A. Study alternatives and draft regulations that phase in requirements to replace all natural gas appliances and equipment with electric appliances and equipment when they fail or reach the end of their useful life in ALL Foster City buildings.
B. Work with clean energy providers like PCE and local installers to provide technical support to residents and businesses needing to replace gas appliances upon burnout.
C. Advocate for and require financial incentive programs for electrification address fixed- income households (senior and non-senior), multi-family apartments, and restricted affordable residential units.
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D. Promote awareness and understanding of electrification options to the construction industry and the community through education, outreach, and community partners.
E. Work with the County and regional partners, as appropriate, to create and/or implement a Home Ambassador electrification program and promote the program to the community.
F. Incentivize electric panel upgrades in existing residential and office buildings to accommodate all electric technologies.
E-W.2.3 Continue to provide carbon-free electricity options to the community and maintain Peninsula Clean Energy (PCE) opt-out rates of less than 3%. (-6,280 MTCO2e Emissions Reduction by 2030)
A. Until PCE's ECOplus becomes 100% renewable (estimated by 2025), promote and expand the community’s participation in Peninsula Clean Energy’s ECO100 product.
B. Collaborate with PCE and community-based organizations to conduct educational outreach to maintain the reduced opt-out rate levels in the community.
E-W.3 Reduce water consumption
Target: Reduce water consumption by 5% by 2030 and 15% by 2045.
A. Continue to promote water conservation programs and incentives.
B. Encourage the installation of purple pipes to supply recycled water for flushing toilets, washing clothes, and outdoor uses such as watering gardens in homes and businesses.
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Sector 2: Transportation and Land Use (T-L)
Between 2005 and 2019, the City reduced emissions from the transportation sector by 28% due to a decrease in vehicle miles traveled (VMT), improvements in fuel efficiency, and alternatively fueled cars. 57% of Foster City’s community-wide emissions come from the transportation sector. Reducing these emissions is a top priority to meet the City’s GHG emission reduction goals.
What YOU Can Do
Alternative transportation rates have remained
stagnant despite bicycle and pedestrian
network improvements and public information
campaigns to encourage residents to carpool,
bike, walk, and take transit. As a result, the
Climate Action Plan relies heavily on the
promise of zero-emission vehicles (ZEVs) to
meet its ambitious GHG reduction targets.
•
•
•
Drive an electric or plug-in hybrid vehicle.
Use electric landscape equipment.
Bike, walk, or take transit whenever
possible.
Reduce your miles by working from home
when possible and consolidating vehicle
trips.
•
• Shut your car off when waiting at the drive-
thru or school pick-up/drop-off lane.
ZEVs include all-battery vehicles as well as plug-
in electric hybrid vehicles. Foster City is a leader in ZEV adoption rates – ZEVs already make up approximately 9.27% of all registered vehicles in Foster City. The goal is to increase that rate to 30% by 2030 by building EV charging infrastructure and encouraging ZEV ownership through state and federal incentives and public education. This is an aggressive target, but one that complements the State’s goals to put 5 million ZEVs on the road by 2030 and to require all new passenger vehicles sold in California to be zero emission by 2035. Improvements in battery and charging technology, expected cost reductions, and automakers’ commitments to significantly expand ZEV offerings point to an all-electric future. Programs that incentivize used EV car purchases and installation of EV chargers in multifamily buildings can help ensure the benefits of EV ownership are shared by all.
The Transportation and Land Use Big Goals:
T-L.1 Reduce vehicle miles traveled in the City
Target: Reduce vehicle miles traveled commuting to work.
E-W.2 Decarbonize transportation
Target: Increase the share of ZEV passenger vehicles to 30% by 2030.
E-W.3 Increase walkability and bike-ability
Target: Encourage active transportation as an alternative to vehicular travel.
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T-L.1 Reduce vehicle miles traveled in the City
Target: Reduce vehicle miles traveled commuting to work.
Minimizing the use of vehicles powered by fossil fuels, especially by substituting them with transportation modes that enhance public health and quality of life, is a key strategy for reducing greenhouse gas (GHG) emissions. This shift connects communities and promotes the well-being of Foster City residents. Encouraging more active forms of transportation can lead to improved public health and quality of life due to increased physical activity and enhanced community connections. Additionally, it helps reduce traffic congestion and the demand for roads and parking spaces. Increasing access to and use of public and shared transit increases the community’s access to economic opportunities and community connectivity while reducing the number of vehicle miles driven.
T-L.1.1. Reduce vehicle miles traveled commuting to work. (0 MTCO 2e Emissions Reduction by 2030)
A. Work with Commute.org and SamTrans to maximize ridership by making transit more frequent, accessible, cost-beneficial, and convenient through the expansion and/or improvement of transit routes, schedules, and bus shelters.
B. Work with all business owners to provide “first and last mile” programs to maximize utilization of public transit.
C. Continue collaborating with transit and transportation operators to develop shorter route shuttle programs serving residents, similar to Commute.org’s shuttle program.
D. Continue working with Commute.org, Metropolitan Transportation Commission (MTC), and the Bay Area Air Quality Management District (BAAQMD) to promote transportation demand programs to local employers, including rideshare matching programs, vanpool incentive programs, emergency ride home programs, telecommuting, transit use discounts and subsidies, showers and changing facilities, bicycle racks and lockers, and other incentives to use transportation other than single occupant vehicles.
E. Work with MTC to identify and notify non-compliant businesses in Foster City and encourage their participation in providing transportation demand management programs.
F. Continue to require program support through City Development Agreements and Conditions of Approval.
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T-L.2 Decarbonize Transportation
Target: Increase the share of ZEV passenger vehicles to 30%.
Electrifying the transportation sector will allow it to harness the benefits of increasingly clean electricity anticipated under SB 100. Furthermore, adopting electric vehicles (EVs) reduces tailpipe air pollution, thus offering significant public health advantages by cutting down a primary source of outdoor air pollution. To reduce emissions in the transportation sector, three key areas need to be addressed: 1) lowering the carbon intensity of fuels, 2) enhancing vehicle efficiency, and 3) reducing vehicle miles traveled (VMT). Gasoline and diesel, the primary fuels for vehicles in the state, are characterized by high carbon intensity.
Shifting to fuels with lower carbon intensity, particularly electricity, is crucial for emission reductions in transportation. This transition mirrors the electrification of equipment in buildings; as the electricity grid increasingly utilizes renewable energy sources, the environmental benefits of replacing gasoline and diesel vehicles with EVs grow.
While the City cannot mandate its residents or businesses to buy zero-emission vehicles (ZEVs), it can facilitate this transition by providing adequate infrastructure and incentives to overcome barriers to ZEV adoption.
Building out the public and private electric vehicle charging infrastructure is paramount to widespread ZEV adoption.
How many Electric Vehicle (EV) Charging Stations are required? The California Building Standards Commission (CBSC) published mandatory building standards requiring pre-wiring for EV charging station installation in parking spaces at one- and two-family dwellings with attached private garages, multi-family dwellings, commercial facilities, and public buildings in the California Green Building Standards Code within the California Building Standards Code. In cases in which EV charging stations can simultaneously charge more than one vehicle, the number of EV charging stations provided shall be considered equivalent to the number of electric vehicles that can be simultaneously charged.
The California Energy Commission estimates that a total of 1.01 million public and shared private chargers will be needed to support a projected 7.1 million passenger plug-in EVs in California by 2030.
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T-L.2.1 Increase the share of ZEV passenger vehicles to 30%. (-26,542 MTCO 2e Emissions Reduction by 2030)
A. Increase community knowledge of rebates and incentives for ZEV adoption.
B. Leverage incentives from PCE and expand charging infrastructure in public properties, multi-unit dwellings, and workplaces.
C. As the state provides information, document the number of new-vehicle registrations for passenger vehicles that are for zero-emission vehicles (ZEVs), including plug-in electric vehicles (EVs) and hydrogen fuel cell electric vehicles, as a means of evaluating outreach effectiveness and in preparation for the State of California’s restriction on the sale of gas-powered automobiles by 2035.
D. Institute and/or promote financial incentives that encourage using ZEVs and discourage using vehicles with internal combustion engines.
E. Pursue opportunities to expand the City’s EV charging network by first identifying suitable Level 2 and DC fast charging locations in public and private locations.
F. Encourage schools to install charging stations in school parking lots.
G. Accommodate the installation of new electric vehicle charging stations in existing commercial parking lots and gas stations by streamlining the permit process and reducing financial barriers, where practicable.
H. Participate in regional and coordinated local procurement, outreach, and planning initiatives.
What is the City of Foster City doing?
As part of the commitment to sustainability, Foster City has been integrating hybrid and all-electric sedans into its municipal fleet since 2008. The City consistently assesses the potential for alternative fuel options for all vehicles at the time of their replacement. In a significant step forward, in November 2023, the City partnered with Peninsula Clean Energy by joining their GovEV Program.
This program is strategically designed to offer expert guidance and support to local governments in planning and implementing electric vehicle (EV) charging infrastructure and acquisitions. Through the Gov EV program, the City received complimentary technical assistance, project planning, and grant funding, which aids in acquiring new municipal EVs and developing fleet charging infrastructure. Participation in this initiative underscores the City’s dedication to reducing emissions and fostering a sustainable, environmentally friendly city.
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T-L.3 Increase walkability and bike-ability
Target: Encourage active transportation as an alternative to vehicular travel.
The City can prioritize active transportation by expanding access to safe and convenient biking and pedestrian infrastructure through implementing plans and programs, surveys of existing conditions, and advocacy.
What is Micromobility?
Micromobility refers to forms of transportation, human-powered or electric, that can occupy space alongside bicycles. It includes electric scooters and skateboards, docked and dockless shared bikes, and other forms of small, lightweight devices operating at speeds typically below 20 mph.
Micromobility devices do not have internal combustion engines.
T-L.3.1 Encourage active transportation as an alternative to vehicular travel. (-1,714 MTCO2e Emissions Reduction by 2030)
A. Promote safe bicycling and micromobility through outreach channels and partner agencies, including e-bikes, electric scooters, and electric skateboards.
B. Continue regional collaboration to establish a bike and/or scooter share program.
C. Enhance City policies to promote shared electric bikes and scooters D. Pilot a program to provide free or reduced-price access to e-bikes or other micro- mobility options to low-income residents and students.
E. Continue supporting the Safe Routes to School Program and strive to increase bicycling, walking, carpooling, and public transit to school.
F. Improve curb management to prioritize rideshare parking/loading zones, scooter and bike share docks, bike parking, EV charging stations, and autonomous vehicle loading zones.
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Sector 3: Waste and Consumption (W-C)
GHG accounting is directly concerned with
emissions from the anaerobic decomposition of
What YOU Can Do
organic waste in landfills. The decomposition
process creates methane, 28 times more potent
as a GHG than carbon dioxide over 100 years.
However, landfills capture most of the methane,
and some use it to create biogas or electricity;
about one-quarter of it escapes into the
atmosphere.
•
•
Buy only as much as you need.
Buy locally grown food and eat less
meat.
Put your food scraps in the green can
and/or compost them at home.
Donate extra food and used clothing
and housewares.
•
•
• Don’t be a “wishful” recycler. Be
scrupulous about how you sort your
recyclables.Diverting organic material from the landfill is a clear and viable option for reducing these
emissions. Paper and cardboard can be recycled. Food scraps, soiled paper (like napkins and paper towels), and yard waste can be composted at home or a commercial organic processing facility. Surplus food can be donated to non-profits that distribute it to those in need.
Local measures support state legislation to reduce emissions from organic waste disposal significantly. Senate Bill (SB) 1383 establishes a target to achieve a 75% reduction in statewide waste disposal from the 2014 level by 2025. The law also establishes a target that not less than 20% of currently disposed edible food is recovered for human consumption by 2025. On January 1, 2024, CalRecylce required local jurisdictions to impose penalties for non- compliance on regulated entities subject to their authority.
The Waste and Consumption Big Goals:
W-C.1 Increase diversion of materials from landfills
Target: Significantly reduce organic waste to landfills.
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W-C.3.1 Significantly reduce organic waste to landfills. (0 MTCO 2e Emissions Reduction by 2030)
A. Achieve increased waste diversion through a combination of efforts, including promoting traditional recycling and organics recycling and local enforcement of recycling requirements.
B. Regular residential and commercial waste audits and characterization studies are required to identify opportunities for increased diversion and track progress in meeting targets.
C. Promote reuse, repair, and recycling of inorganic materials and encourage reduced use of packaging and single-use items through engagement campaigns.
D. Consider adopting a City policy to require all City Events (those sponsored by or using City facilities) to be zero-waste events.
E. Embark on an educational campaign to increase recycling, composting, reuse, and waste reduction within municipal operations at public facilities.
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Sector 4: Climate Resiliency and Leadership (C-L)
California is already experiencing the effects of climate change. Every year, it seems like the news gets grimmer: more wildfires, more heat waves, longer droughts, more intense storms, less snowpack, and less fresh water. Average annual average air temperatures have already increased by almost 2° F in California, which will likely double even if the world can reduce emissions by 80% by 2050. Foster City needs to be prepared for the likely impacts of climate change, including flooding from more intense storms and rising sea levels and the health impacts from heat exposure and poor air quality.
The sea level in San Francisco Bay has risen about 9 inches since 1900 and is expected to rise another 10 inches by 2040. Within this short period, key access routes, public facilities, and commercial areas in the low-lying areas could experience flooding. While the Climate Action Plan contains some measures that address adaptation, a more complete set of goals, policies and programs are contained in the Foster City Local Hazard Mitigation Plan.
The City of Foster City must continue to be a leader in encouraging the behavioral changes needed to meet its community’s climate goals.
The Climate Resiliency and Leadership Big Goals:
C-L.1 Educate and support the whole community to live sustainably.
Target: Collaborate with stakeholders to create Local Climate Action Programs that empower individuals to make behavioral changes.
C-L.2 Prepare for and adapt to a rising sea level and climate change Target: Develop adaptation strategies to assist the Foster City community with the effects of climate change.
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C-L.4.1 Collaborate with stakeholders to create Local Climate Action Programs that empower individuals to make behavioral changes. (0 MTCO2e Emissions Reduction by 2030) A. Require all new municipal buildings and facilities to meet minimum LEED silver standards outlined by the US Green Building Council or equivalent green building rating system. Require feasibility studies for zero net energy use, on-site renewable energy generation, and on-site batteries for municipal buildings and facilities.
B. Create robust education and marketing Climate Action Programs to support the Community’s sustainability goals.
C. Regularly benchmark the environmental performance of municipal buildings, landscaping, parks and facilities, including energy and water use.
D. Track and report progress towards achieving the City’s greenhouse gas reduction goal – creating and updating a Climate Action Dashboard for Community use.
E. Prepare an inventory of emissions from municipal operations every five years, establish a GHG reduction target, and develop a work plan to reduce municipal emissions to achieve carbon neutrality by 2045.
F. Seek funding opportunities to support implementing greenhouse gas reduction projects, exploring grant funding, rebates, and other incentive opportunities.
C-L.4.2 Develop adaptation strategies to assist the Foster City community with the effects of climate change. (0 MTCO2e Emissions Reduction by 2030)
A. Coordinate and integrate climate adaptation planning consistently throughout related City plans, including but not limited to the General Plan and its Safety Element, Local Hazard Mitigation Plan (LHMP), sea level rise adaptation plans, and emergency and capital improvement plans.
B. Ensure fair and robust inclusion of lower-income households and diverse communities in the planning and response to climate change impacts, including sea level rise, wildfire, public health, and emergency preparedness.
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Section 6: Conclusion
Foster City's Climate Action Plan (CAP) creates a dynamic framework that positions the City on a trajectory towards achieving a 50 percent reduction in greenhouse gas (GHG) emissions relative to the levels of 2005 by the year 2030. However, the publication of this plan represents merely an initial step. Paramount to its success is the ongoing revitalization and adaptation of the plan, necessitating periodic updates to incorporate technological advancements and policy shifts.
The significance of the CAP extends beyond the municipal endeavor to regulate its emissions.
It serves as a clarion call to the entirety of the community - encompassing residents, educational institutions, and businesses - to actively participate in forging a future characterized by low carbon emissions and environmental purity. The progression of this plan not only facilitates the reduction of emissions but also contributes to the fortification of the local economy, enhances the City's resilience, and fosters the development of a community that is both sustainable and conducive to quality living for current and forthcoming generations. The overarching aim is to ensure that Foster City maintains its status as an exemplary place of residence, both presently and in the years to come.
Implementation and Monitoring
Plans are only effective if implemented and results are carefully evaluated. The City will prepare and report to the public an annual assessment of its progress in implementing the actions contained in this Climate Action Plan and continue to quantify community and government operations' GHG emissions to determine if the City is on track to meet its reduction targets.
Funding
The steps outlined in this Climate Action Plan (CAP) aren't just about finding the cheapest way to hit the greenhouse gas (GHG) targets in Foster City. These actions were chosen because they fit well with what's happening locally and what the community cares about. Plus, they bring a bunch of extra perks besides just cutting emissions. Following this, climate action plans can also be beneficial to the economy. CAPs can help grow local green businesses, create jobs, and even save money for people and companies in Foster City. Take, for example, making it safer to walk and bike and improving public transit. Not only does this make getting around cheaper, but it also encourages everyone to be more active, which is great for community health. This plan works toward a greener city and a healthier, more vibrant community.
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Appendix A – Climate Regulatory Context
As the impacts of climate change are being recognized, many strategies that address climate change have emerged at several levels of government. This appendix provides an overview of the international, State, and local regulatory context relative to Foster City’s actions toward reducing its communitywide greenhouse gas (GHG) emissions.
International Climate Action Guidance
1992 United Nations Framework Convention on Climate Change The United Nations Framework Convention on Climate Change Paris Agreement (UNFCCC) is the primary international regulatory framework for GHG reduction. The UNFCCC is an international treaty adopted in 1992 to stabilize atmospheric GHG concentrations to prevent disruptive anthropogenic climate change. The framework established non-binding limits on global GHG emissions and specified a process for negotiating future international climate- related agreements.10F 14
1997 Kyoto Protocol
The Kyoto Protocol is an international treaty adopted in 1997 to extend and operationalize the UNFCCC. The protocol commits industrialized nations to reduce GHG emissions per county- specific targets, recognizing that they hold responsibility for existing atmospheric GHG levels.
The Kyoto Protocol involves two commitment periods during which emissions reductions are to occur, the first of which took place between 2008-2012 and the second of which has not entered into force.11F 15
2015 The Paris Agreement
The Paris Agreement is the first-ever universal, legally binding global climate agreement adopted in 2015 and ratified by 189 countries worldwide. The Paris Agreement establishes a roadmap to keep the world under 2° C of warming to limit an increase of temperature to 1.5° C. The agreement does not dictate one specific reduction target; instead, it relies on individual countries to set nationally determined contributions (NDCs) or reductions based on GDP and other factors. According to the International Panel on Climate Change (IPCC), limiting global warming to 1.5° C will require global emissions to be reduced through 2030 and hit carbon neutrality by mid-century.12F 16
14 United Nations Framework Convention on Climate Change (UNFCCC). United Nations Framework Convention on Climate Change. https://unfccc.int/files/essential_background/background_publications_htmlpdf/application/pdf/conveng.pdf 15 UNFCCC. What is the Kyoto Protocol? https://unfccc.int/kyoto_protocol 16 UNFCCC. Paris Agreement Status of Ratification. https://unfccc.int/process/the paris agreement/status of ratiflcation- - - - - Foster City 2023 Climate Action Plan Page | 80
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California Policy and Regulatory Context
California remains a global leader in the effort to reduce GHG emissions and combat climate change through its mitigation and adaptation strategies. With the passage of Assembly Bill (AB) 32 in 2006, California became the first state in the United States to mandate GHG emission reductions across its entire economy. To support AB 32, California has enacted legislation, regulations, and executive orders (EO) that put it on course to achieve robust emission reductions and address the impacts of a changing climate. The following is a summary of executive and legislative actions most relevant to the CAP. 2002 Senate Bill 1078
In 2002, SB 1078 established the California Renewables Portfolio Standards (RPS) Program, accelerated in 2006 by SB 107, requiring 20 percent of retail electricity sales to be composed of renewable energy sources by 2010. EO S-14-08 was signed in 2008 to further streamline California's renewable energy project approval process and increase the State's RPS to the most aggressive in the nation at 33 percent renewable power by 2020. 2002 Assembly Bill 1493
In 2002, AB 1493, also known as the Pavley Regulations, directed the California Air Resources Board (CARB) to establish regulations to reduce GHG emissions from passenger vehicles to the maximum and most cost-effective extent feasible. CARB approved the first set of regulations to reduce GHG emissions from passenger vehicles in 2004, initially taking effect with the 2009 model year.
2005 Executive Order S-3-05
Executive Order (EO) S-3-05 was signed in 2005, establishing Statewide GHG emissions reduction targets for 2020 and 2050. The EO calls for reducing GHG emissions in California to 2000 levels by 2010, 1990 levels by 2020, and 80 percent below 1990 levels by 2050. The 2050 emission reduction target would put the State’s emissions in line with the worldwide reductions needed to reach long-term climate stabilization as concluded by the IPCC 2007 Fourth Assessment Report.
2006 Assembly Bill 32
California’s major initiative for reducing GHG emissions is outlined in AB 32, the “California Global Warming Solutions Act of 2006,” which was signed into law in 2006. AB 32 codifies the Statewide goal of reducing GHG emissions to 1990 levels by 2020. It requires the California Foster City 2023 Climate Action Plan Page | 81
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Resource Board (CARB) to prepare a Scoping Plan that outlines the main State strategies for reducing GHG emissions to meet the 2020 deadline. In addition, AB 32 requires CARB to adopt regulations to require reporting and verification of Statewide GHG emissions.
Based on this guidance, CARB approved a 1990 Statewide GHG baseline and 2020 emissions limit of 427 million metric tons of CO2 equivalent (MMT CO2e). CARB approved the Scoping Plan on December 11, 2008. It included measures to address GHG emission reduction strategies related to energy efficiency, water use, and recycling and solid waste, among other measures. Many of the GHG reduction measures included in the Scoping Plan (e.g., Low Carbon Fuel Standard, Advanced Clean Car standards13F
17, and Cap-and-Trade) have been
adopted since approval of the Scoping Plan.
In May 2014, CARB approved the first update to the AB 32 Scoping Plan. The 2014 Scoping Plan update defined CARB’s climate change priorities for the next five years and set the groundwork to reach post-2020 Statewide goals. The update highlighted California’s progress toward meeting the “near-term” 2020 GHG emission reduction goals defined in the original Scoping Plan. It also evaluated how to align the State’s longer-term GHG reduction strategies with other State policy priorities, including those for water, waste, natural resources, clean energy, transportation, and land use (CARB 2014).
2007 Executive Order S-1-07
Also known as the Low Carbon Fuel Standard, EO S-1-07, issued in 2007, established a Statewide goal that requires transportation fuel providers to reduce the carbon intensity of California’s transportation fuels by at least 10 percent by 2020. EO S-1-07 was readopted and amended in 2015 to require a 20 percent reduction in carbon intensity by 2030, the most stringent requirement in the nation. The new requirement aligns with California’s overall 2030 target of reducing climate changing emissions 40 percent below 1990 levels by 2030, which was set by Senate Bill 32 and signed by the governor in 2016. 2007 Senate Bill 97
Signed in August 2007, SB 97 acknowledges that climate change is an environmental issue that requires analysis in California Environmental Quality Act (CEQA) documents. In March 2010, the California Natural Resources Agency adopted amendments to the State CEQA Guidelines 17 On September 19, 2019, the National Highway Traffic Safety Agency (NHTSA) and the US Environmental Protection Agency (EPA) issued a final action entitled the One National Program on Federal Preemption of State Fuel Economy Standards Rule. This action finalizes Part I of the Safer, Affordable, Fuel-Efficient (SAFE) Vehicles Rule. This rule states that federal law preempts State and local tailpipe greenhouse gas (GHG) emissions standards as well as zero emission vehicle (ZEV) mandates. The SAFE Rule withdraws the Clean Air Act waiver it granted to California in January 2013 as it relates to California’s GHG and zero emission vehicle programs.
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for the feasible mitigation of GHG emissions or the effects of GHG emissions. The adopted guidelines give lead agencies the discretion to set quantitative or qualitative thresholds for assessing and mitigating GHG and climate change impacts. 2008 Senate Bill 375
SB 375, signed in August 2008, enhances the State’s ability to reach AB 32 goals by directing CARB to develop regional GHG emission reduction targets to be achieved from passenger vehicles by 2020 and 2035. In addition, SB 375 directs each of the State’s 18 major Metropolitan Planning Organizations (MPOs), including the Metropolitan Transportation Commission (MTC), to prepare a “sustainable communities strategy” (SCS) that contains a growth strategy to meet these emission targets for inclusion in the MPO’s Regional Transportation Plan (RTP).
On March 22, 2018, CARB adopted updated regional targets for reducing GHG emissions from 2005 levels by 2020 and 2035.
2009 California Green Building Code
The California Green Building Standards Code (CALGreen) is Part 11 of the California Building Standards Code or Title 24 and is the first Statewide “green” building code in the nation.
CALGreen aims to improve public health, safety, and general welfare by enhancing the design and construction of buildings. Enhancements include reduced negative impact designs, positive environmental impact designs, and encouraging sustainable construction practices.
The first CALGreen Code was adopted in 2009 and updated in 2013, 2016, and 2019. The CALGreen Code will have subsequent and continually more stringent updates every three years.
2009 Senate Bill X7-7
In 2009, SB X7-7, also known as the Water Conservation Act, was signed, requiring all water suppliers to increase water use efficiency. This legislation aims to reduce per capita urban water use by 20 percent by 2020.
2011 Senate Bill 2X
In 2011, SB 2X was signed, requiring California energy providers to buy (or generate) 33 percent of their electricity from renewable energy sources by 2020.
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2012 Assembly Bill 341
AB 341 directed the California Department of Resources Recycling and Recovery (CalRecycle) to develop and adopt regulations for mandatory commercial recycling. As of July 2012, businesses are required to recycle, and jurisdictions must implement a program that includes education, outreach, and monitoring. AB 341 also set a Statewide goal of 75 percent waste diversion by 2020.
2014 Assembly Bill 32 Scoping Plan Update
In 2014, CARB approved the first update to the Scoping Plan. This update defines CARB’s climate change priorities and sets the groundwork to reach the post-2020 targets outlined in EO S-3-05. The update highlights California’s progress toward meeting the 2020 GHG emissions reduction target, defined in the original Scoping Plan. It also evaluates how to align California’s longer-term GHG reduction strategies with other Statewide policy priorities, such as water, waste, natural resources, clean energy, transportation, and land use. 2014 Assembly Bill 1826
AB 1826 was signed in 2014 to increase the recycling of organic material. GHG emissions produced by decomposing these materials in landfills were identified as a significant source of emissions contributing to climate change. Therefore, reducing organic waste and increasing composting and mulching are goals set out by the AB 32 Scoping Plan. AB 1826 requires jurisdictions to establish organic waste recycling programs by 2016 and phases in mandatory commercial organic waste recycling over time.
2015 Senate Bill 350
SB 350, the Clean Energy and Pollution Reduction Act of 2015, has two objectives: to increase the procurement of electricity from renewable sources from 33 percent to 50 percent by 2030 and to double the energy efficiency of electricity and natural gas end users through energy efficiency and conservation.
In 2015, EO B-30-15 was signed, establishing an interim GHG emissions reduction target to reduce emissions to 40 percent below 1990 levels by 2030. The EO also calls for another update to the CARB Scoping Plan.
2016 Senate Bill 32
On September 8, 2016, the governor signed SB 32 into law, extending AB 32 by requiring the State to further reduce GHGs to 40 percent below 1990 levels by 2030 (the other provisions of Foster City 2023 Climate Action Plan Page | 84
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AB 32 remain unchanged). The bill charges CARB to adopt the regulation so that the maximum technologically feasible emissions reductions are achieved in the most cost-effective way. 2016 Senate Bill 1383
Adopted in September 2016, SB 1383 requires CARB to approve and begin implementing a comprehensive strategy to reduce emissions of short-lived climate pollutants. The bill requires the strategy to achieve the following reduction targets by 2030:
•
•
•
Methane – 40 percent below 2013 levels
Hydrofluorocarbons – 40 percent below 2013 levels
Anthropogenic black carbon – 50 percent below 2013 levels SB 1383 also requires the CalRecycle, in consultation with the CARB, to adopt regulations that achieve specified targets for reducing organic waste in landfills. The bill further requires 20% of edible food disposed of at the time to be recovered by 2025. 2017 Scoping Plan Update
On December 14, 2017, CARB adopted the 2017 Scoping Plan, which provides a framework for achieving the 2030 goal set by SB 32. The 2017 Scoping Plan relies on continuing and expanding existing policies and regulations, such as the Cap-and-Trade Program, and implementing recently adopted policies, such as SB 350 and SB 1383.
The 2017 Scoping Plan also emphasizes innovation, adoption of existing technology, and strategic investment to support its strategies. As with the 2014 Scoping Plan Update, the 2017 Scoping Plan does not provide project-level land-use development thresholds. Instead, it recommends that local governments adopt policies and locally appropriate quantitative thresholds consistent with Statewide per capita goals of six metric tons (MT) CO2e by 2030 and two MT CO2e by 2050 (CARB 2017). As stated in the 2017 Scoping Plan, these goals may be appropriate for plan-level analyses (city, county, subregional, or regional level) but not for specific individual projects because they include all emissions sectors in the State. 2018 Senate Bill 100
Adopted on September 10, 2018, SB 100 supports the reduction of GHG emissions from the electricity sector by accelerating the State’s Renewables Portfolio Standard Program, which was last updated by SB 350 in 2015. SB 100 requires electricity providers to increase procurement from eligible renewable energy resources to 33 percent of total retail sales by 2020, 60 percent by 2030, and 100 percent by 2045.
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Also, on September 10, 2018, the governor issued Executive Order B-55-18, establishing a new Statewide goal of achieving carbon neutrality by 2045 and maintaining net negative emissions afterward. This goal is in addition to the existing Statewide GHG reduction targets established by SB 375, SB 32, SB 1383, and SB 100.
2022 Assembly Bill 1279
In 2022, California passed AB 1279, which mandates the state to reach "net zero greenhouse gas emissions" at the earliest possible time, with a deadline of no later than 2045. Following this, the state must attain and sustain net negative GHG emissions. It also requires that statewide anthropogenic GHG emissions be reduced to at least 85% below 1990 levels.
State-Level Programs
In addition to State regulations that determine GHG Reduction Targets, the following programs assist Cities in meeting their climate goals. These programs also impact the Adjusted Emissions Reduction Target (see Section 4: GHG Emissions Inventory).
California Advanced Clean Cars Program
In 2012, CARB adopted a set of regulations to control passenger vehicle emissions called Advanced Clean Cars. The program was developed in coordination with the U.S. EPA and National Highway Traffic Safety Administration (NHTSA) and combines the control of smog- causing pollutants and GHG emissions into a single coordinated package of regulations. https://ww2.arb.ca.gov/our-work/programs/advanced-clean-cars-program California Low Carbon Fuel Standard Program
The Low Carbon Fuel Standard (LCFS) is designed to encourage the use and production of low-carbon fuels, thereby reducing GHG emissions. Currently, the LCFS calls for a 20 percent decline in the carbon intensity of diesel fuels below 2010 levels by 2030. https://ww2.arb.ca.gov/our-work/programs/low-carbon-fuel-standard California Renewable Portfolio Standard
The Renewable Portfolio Standard (RPS), originally established in 2002, required 20 percent of electricity retail sales to be served by renewable sources by 2017. The program was accelerated in 2015 with SB 350, which mandated a 50 percent RPS by 2030. SB 100, enacted in 2018, accelerated the program further, establishing renewable energy targets of 50 percent by 2026, 60 percent by 2030, and 100 percent by 2045. https://www.cpuc.ca.gov/rps Foster City 2023 Climate Action Plan Page | 86
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California Long-Term Energy Efficiency Strategic Plan
Published in 2008 and updated in 2011, the California Long Term Energy Efficiency Strategic Plan outlines goals and strategies for key market sectors (i.e., commercial, residential, industrial, and agricultural) and crosscutting initiatives (e.g., heating, ventilation, and air conditioning, codes and standards, research, and technology). While the Plan has not been updated since 2011, it is still referenced in numerous State documents and reports. The plan embraces four specific programmatic goals, including the Big Bold Energy Efficiency Strategies. These goals are:
•
•
•
All new residential construction in California will be zero net energy by 2020.
All new commercial construction in California will be zero net energy by 2030.
The heating, venting, and air conditioning (HVAC) industry will be re-shaped to deliver maximum performance in HVAC systems.
• All eligible low-income customers will be able to participate in the LIEE program and provided all cost-effective energy efficiency measures in their residences by 2020.
More information on California’s zero net energy goals can be found online at:
https://www.cpuc.ca.gov/ZNE
Local Policy
2019 San Mateo County Climate Emergency
In September 2019, the San Mateo County Board of Supervisors adopted a resolution declaring a climate emergency in San Mateo County to highlight the increasingly urgent need for action to address the climate crisis. The County of San Mateo joined over 1,000 national, international, and local jurisdictions with similar declarations. The resolution calls for the County to create climate action plans (CAPs) for its government operations and unincorporated community to achieve carbon neutrality in advance of the State of California’s 2045 goal, and coordinate with the cities and other local partners to address the climate crisis. 2022 California Green Building Code (CALGreen)
Title 24 of the California Building Standards Code includes CALGreen as Part 11 of its 13-part code. In 2022, Foster City adopted the most current CalGreen update, establishing baseline building construction standards. Since 2016, CalGreen has been applied to all new buildings, as well as changes or additions that expand the size of residential buildings and additions to nonresidential buildings. The goal of CalGreen is to reduce environmental impacts by Foster City 2023 Climate Action Plan Page | 87
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enforcing specific standards throughout a building's lifecycle. It promotes eco-friendly building practices in several key areas:
1) Planning and Design
2) Energy Efficiency
3) Water Efficiency and Conservation
4) Material Conservation and Resource Efficiency
5) Environmental Quality
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Appendix B – Glossary of Abbreviations
AB 32
BAAQMD
CARB
CAP
Assembly Bill 32, The California Global Warming Solutions Act of 2006 Bay Area Air Quality Management District
California Air Resources Board
Climate action plan
CEC California Energy Commission
California Environmental Quality Act
Carbon dioxide
CEQA
CO2
CO2e
CPUC
EV
Carbon dioxide equivalent
California Public Utilities Commission
Electric vehicle
GHG
ICLEI
IPCC
KPI
Greenhouse gas
Local Governments for Sustainability
Intergovernmental Panel on Climate Change
Key performance indicator
kilowatt hourkWh
MT Metric ton
MMT
PCE
Million metric tons
Peninsula Clean Energy
PG&E
RPS
Pacific Gas and Electric Company
Renewable portfolio standard
Transit-oriented development
United States Environmental Protection Agency
Vehicle miles traveled
TOD
U.S. EPA
VMT
WRI World Resources Institute
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Appendix C – Community Engagement
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The Foster City Climate Action Plan
(CAP) development began in
September 2022. Community
engagement was a critical component
of CAP development, steering the
priorities, goals and strategies from
the beginning. Over the course of one
year (September 2022 – September
2023) the Foster City CAP project
team conducted outreach and
engagement to understand
community priorities and concerns.
In September 2022, the project team began engagement planning by developing a Community Engagement Plan. The Community Engagement Plan outlined objectives, key audiences, Foster City demographics, and a strategic framework and strategies for engaging and hearing from Foster City communities.
The Community Engagement Plan identified the following key goals:
• Reflect community perspectives, priorities, and values for a community- oriented plan that is representative of the geographically rich and diverse communities of Foster City.
• Educate, empower, and energize the Foster City communities to cultivate a shared understanding around climate change and inspire action. • Create a framework for community action that clearly outlines how Foster City residents and businesses can take ownership in the CAP. • Strengthen City relationships with communities and partners to facilitate and coordinate opportunities to collaborate and meet shared priorities.
Additionally, the project team identified community touchpoints and engagement activities, developed a timeline, crafted key messages, and created a style guide and graphics, refreshed the project webpage, and developed additional materials to facilitate engagement.
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The Citizens Sustainability Advisory Committee (CSAC) played a critical role in planning for and conducting outreach to ensure the CAP aligned with and supported Foster City community vision.
The CSAC serves in an advisory
capacity on sustainability issues
facing Foster City regarding
environmental, economic, or social
sustainability. The CSAC is made
up of five Foster City Resident
voting member seats; two Foster
City resident youth voting member
seats; two in-town business voting
member seats, one of which
should be from one of the City’s
major employers and of which
should be from one of the City’s
small businesses; and one in-town non-profit voting member seat.
The CSAC was a trusted messenger and key intermediary to the broader Foster City community throughout the climate planning process and beyond. As members of Foster City communities, CSAC members helped to facilitate critical connections and collect critical feedback.
All CSAC members participated in facilitation trainings to serve as discussion leaders during the community workshops. Additionally, CSAC members planned, promoted, and facilitated all focus groups and community conversations.
The CAP project team engaged Foster City communities at three critical points during Plan development. Engagement activities included surveys, workshops, social media and newsletter updates, focus groups, community conversations, and more.
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Figure 1. Engagement Plan Timeline
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The CAP project team used many different types of activities and avenues to meaningfully reach Foster City community members and gather their feedback on CAP priorities and strategies.
Figure 2. CAP Engagement by the Numbers
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Two community-wide, online surveys gathered community input on Plan vision, priorities, draft strategies and collect new ideas. Community feedback collected through the surveys helped to refine the Plan during development, understand levels of community support and revise strategies. Both surveys launched in coordination with the Community Meetings, published on the project webpage and promoted through City social media and newsletters.
• Survey 1: Build awareness and understand priorities (December 12, 2022 – January 29, 2023). Survey 1’s intention was to gain a deeper understanding of community’s vision for a sustainable Foster City and top priorities for the CAP.
• Survey 2: Refine and develop strategies (May 11 – July 7,2023). Survey 2 focused on collecting community feedback on draft strategies and actions for the CAP, to understand where there is community support and concern, and to collect new ideas for strategies.
We hosted two online community meetings to share CAP updates and hear directly from Foster City community members. The meetings built on momentum from the online surveys and provided an opportunity for community members to hear directly from the project team, interact with other Foster City community members, and provide real-time feedback on draft Plan elements.
• Community Meeting 1: Build awareness and understand priorities (January 12, 2023). Meeting 1 gathered community priorities and values that directly shaped the CAP development in early planning stages.
Meeting 1 also shared other feedback opportunities for Foster City community members, and gained a deeper understanding of how community envisions a resilient, sustainable, and equitable Foster City. • Community Meeting 2: Refine and develop strategies (March 21, 2023). Community Meeting 2 presented and discussed draft CAP strategies. Participants heard from the project team about strategies being considered, asked questions, stated their priorities and concerns, and brainstormed new strategy ideas.
Focus groups and community conversations ensured that we heard from typically harder to reach, highly impacted residents and communities on CAP strategies and Foster City 2023 Climate Action Plan Page | 92
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actions. We designed the discussion guides to gather feedback on how members of our priority communities envision a sustainable Foster City, what their top priorities are for climate action, what challenges they envision facing regarding climate impacts and taking action, and lastly, what opportunities or new ideas do they have that the City can support.ꢀ
CSAC members conducted recruitment, outreach, and facilitation of all focus groups and community conversations. Focus groups and community conversations took place over 3 months, from June to August 2023, and were held in-person and virtually.
• Focus groups were structured 1-hour long discussions. CSAC members recruited community participants, selected a location and time, and used a discussion guide to facilitate the discussion. Each focus group discussion included a CSAC notetaker and facilitator. These discussions were primarily focused on Climate Action Planning and Draft CAP strategies. • Community conversations were informal conversations held between CSAC members and Foster City community members at existing events, community gathering spaces, and tabling at events. These conversations were shorter in nature and CSAC members used a community conversations handout to guide the discussion and record notes. These conversations were focused on individual current climate actions, challenges and barriers to making behavioral changes, and if they had more questions about climate action.
We will use an accessible online sharing and public comment platform to collect feedback on the draft CAP from the public and different stakeholder groups.
Lastly, we will host a City Staff Implementation workshop to meet with the staff across departments who will be responsible for directing and ensuring CAP implementation.
Below we’ve outlined key themes, priorities, concerns, and strategy-specific feedback heard directly from Foster City communities throughout the engagement process.
Across all community touchpoints, there was strong consensus from Foster City Foster City 2023 Climate Action Plan Page | 93
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community members that they are energized to take climate action to protect and restore the environment of Foster City.
• The large majority (87%) of respondents in Foster City were satisfied with the quality of life in Foster City and would recommend the city as a place to live. Respondents aged 18-34, Asian respondents, and respondents making between $100K-$300K a year were more satisfied than other analyzed groups.
• Over 85% of respondents were satisfied with the city’s parks and recreational amenities, the overall cleanliness and maintenance, and the overall safety. However, only 31% were satisfied with the availability of jobs, 20% were satisfied with the of public transportation, and 15% were satisfied with the affordable housing situation.
• 84% of respondents had heard of the Levee improvements project and 56% had heard of the initiative to complete bike and pedestrian improvements. Less than half the respondents had heard of other city environmental initiatives. Overall, respondents aged 18-34 were less likely than other groups to be aware of the city’s environmental initiatives. • 59% of respondents were satisfied with the city’s efforts to become more environmentally sustainable. Respondents would most like to see the city prioritize making it easier to walk or bike in the city (46%) and use more clear or renewable energy (41%).
• Over half the respondents across all analyzed demographic groups bring reusable bags to the store and purchase reusable items instead of single- use. Over 20% of respondents would consider installing solar panels, using alternatives to cars, insulating homes, and growing fruit and vegetables despite not many respondents already do so today.
• Foster City residents love the city's picturesque landscape, proximity to the water, vibrant and inclusive community, sustainability initiatives, opportunities for outdoor play and recreation, sense of safety, and community diversity.
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• Participants noted that some sustainability challenges facing Foster City include cost barriers to households regarding sustainable living (e.g., purchasing electric vehicles (EVs) and solar panels), ensuring equity in initiatives, limited safe bike and pedestrian paths, aging infrastructure, and inadequate public outreach and education on sustainability topics and actions.
• In the future, participants want to see more accessible and safer bike and pedestrian routes and public transportation; waste reduction; support and financial incentives for EVs, solar panels, and other sustainability initiatives; water conservation and reclamation; a ban on plastics; and green buildings.
• Respondents felt that subsidies were needed in order to help homeowners, multifamily housing, and businesses upgrade their existing infrastructure.
• Respondents want updated building codes, requiring solar panels and other sustainability metrics.
• Respondents are worried about overdevelopment, and want to ensure that green space is preserved, while adopting more drought resistant plants.
• Residents were very interested in creating more bike infrastructure and public transportation options for residents of Foster City. • There was an acknowledgement of the difficulty of upgrading and adopting technology while owning within a homeowners association. • Some respondents suggested taxing bad behaviors, such as creating too much waste, recycling improperly or using too much electricity. • Respondents hoped to increase educational awareness around climate change, recycling, and waste reduction.
• Make certain data available about waste rates, electricity use, and water use to encourage more civic responsibility among residents.
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• The most pressing concerns for Foster for workshop attendees were ecosystem health, public health, and conservation, placing emphasis on natural systems, community and community health.
• Foster City residents appreciate community action, civic responsibility and individual action, but also feel that larger companies should play a bigger role in creating climate solutions.
• Building codes need to encourage innovation, while also providing incentives to ensure that businesses and residents are motivated to take action and make it easy to install solar panels, electric appliances, and other energy-efficient upgrades and retrofits that reduce emissions. • Workshop attendees want to see a more walkable, less car dependent Foster City, that encourages safe streets and pedestrian and biking pathways.
Top actions Foster City community members are already taking:
• Recycling & composting
• Taking public transportation or walking
• Electric vehicles
• Water and energy conservation
• Limiting single use plastic
• Extending the life of clothing
Anticipated challenges:
• Cost
• Time constraints & convenience
• Individual behavior change & impact
• Apathy & attitudes
• Accessibility
• Corporate polluters & political challenges
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New ideas:
• Micro-mobility options (i.e. scooter and bike-share)
• Electrification: grid, buses, vehicles
• Financial incentives and disincentives
• Fix-it Fairs
Foster City community members like to know more about:
• What is Foster City doing?
• How to electric vehicles help?
• What can I do?
• Greenhouse gasses
• Alternative energy sources
Community members would also like to see:
• Community building & collaborations
• City engagement
• Shade from solar panels
• Educational & communications campaigns
In survey 1, our first community touchpoint, we learned that 59% of respondents were satisfied with Foster City’s environmental efforts to date.
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Figure 3. Satisfaction with Foster City's Environmental Efforts Unsatisfied, 6%
Neutral, 34%
Satisfied, 59%
Respondents also shared in survey 1 what are the top sustainability changes they’d like to see, top sustainability actions they take today, and top actions they’d consider taking in the future.
Figure 4. Survey 1 Top Sustainable Behaviors and Priorities Through survey 2, we gained a better understanding of how Foster City community members would like their top sustainability priorities implemented through different type of action mechanisms through the CAP. This feedback was critical during action development to know what types of actions community would most support and be more likely to participate in, as well as provides great insight for what community would support for future policy decisions for the City.
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Figure 5. Level of Support for Types of Climate Action
70.00%
60.00%
50.00%
40.00%
30.00%
20.00%
10.00%
0.00%
Financial or other
incentives
Mandates or
regulations
Education or logistical
support
Local advocacy to
promote climate action
at the state and federal
level
Do not support Neutral Somewhat support Strongly support We also learned in survey 2 and workshop 2 what are top barriers for Foster City community members to take climate action. Participants shared that their top barriers included:
• Cost or Resources (51.4%) – there are other competing economic demands in my life that are more important to me and my family • Outside forces (27.4%) - I feel that the changes need to be at larger scale than what I can do as an individual- nothing I do will make any difference • Time commitment (26.9%) - I do not have enough time to think about climate change.
However, the lowest ranking barrier was level of care and interest (14.4%), which illustrates that most people are care and are excited to take climate action. We hope to leverage Foster City’s excitement around climate action into implementation of the CAP.
In summary, the Foster City Climate Action Plan (CAP) development process, which began in September 2022, has been a testament to the power of community engagement in shaping effective environmental policy. The CAP team's comprehensive approach, involving a Community Engagement Plan, Citizens Sustainability Advisory Committee (CSAC) involvement, and a variety of engagement Foster City 2023 Climate Action Plan Page | 99
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activities, has successfully captured the diverse perspectives and priorities of the Foster City community. Through surveys, community meetings, and focus groups, the project team gained invaluable insights into residents' satisfaction with their quality of life, their environmental concerns, and their aspirations for a more sustainable and equitable city.
The feedback collected has been instrumental
in identifying key areas of focus, such as the
need for improved public transportation and
sustainable living solutions. It has also
underscored the community's enthusiasm for
taking proactive climate action, ranging from
everyday practices like recycling and
composting to broader initiatives like
advocating for updated building codes and
green infrastructure.
The CAP development process has not only fostered a deeper understanding of community needs and aspirations but has also laid the groundwork for meaningful, actionable strategies. The engagement journey reflects Foster City's commitment to a collaborative, inclusive approach in tackling climate change challenges. As the CAP moves into its implementation phase, the solid foundation of community input will be crucial in ensuring its success and sustainability, truly embodying the spirit of collective action for a better future.
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The survey gathered feedback on proposed CAP strategies and to collect new ideas from you. Community feedback guided CAP priorities and helped prioritize the solutions the City will take to lessen the impacts of and adapt to climate change.
The survey was open for 8 weeks (May 11 – July 7, 2023) , and received a total of 234 responses. The survey was published online through SurveyMonkey and promoted through City social media accounts and newsletters, on the project website, CSAC outreach, and in print.
• Gather feedback from Foster City community members to guide CAP development for priorities and vision
• Understand where the community is energized to take climate action • Collect new ideas for actions and opportunities for the CAP The following key themes, priorities, and concerns were collected through this survey:
• Respondents felt that subsidies were needed in order to help homeowners, multifamily housing, and businesses upgrade their existing infrastructure. • Respondents want updated building codes, requiring solar panels and other sustainability metrics.
• Respondents are worried about overdevelopment, and want to ensure that green space is preserved, while adopting more drought resistant plants. • Residents were very interested in creating more bike infrastructure and public transportation options for residents of Foster City.
• There was an acknowledgement of the difficulty of upgrading and adopting technology while owning within a homeowners association. • Some respondents suggested taxing bad behaviors, such as creating too much waste, recycling improperly or using too much electricity.
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• Respondents hoped to increase educational awareness around climate change, recycling, and waste reduction.
• Make certain data available about waste rates, electricity use, and water use to encourage more civic responsibility among residents.
This section provides a detailed summary of each survey question and corresponding responses. Questions 1 – 2 asked for contact information of survey respondents and are not included in this summary.
3. Do you live or work in Foster City?
234 answered, 0 skipped
• More than half of survey respondents live in Foster City (65.4%) followed by those who live and work in Foster City (20.5%).
• Other submissions included:
• Family lives in Foster City
• Previously lived in Foster City or concerned neighboring resident • Uses goods and services provided in Foster City
I do not live or
work in Foster
City, 5.6%
Other, 4.7%
Both, I live
and work in
Foster City,
20.5%
I live in Foster
City, 65.4%
I work in Foster
City, 3.9%
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4. How concerned are you about the following consequences of climate change? Please indicate your level of concern for each. 233 answered, 1 skipped
• Participants were most concerned about the negative effects of climate change on future generations (68.5%) as well as water and air pollution (64.7%). • Many were not concerned with impacts to seniors and vulnerable populations (11.2%) as well as Foster City’s economic vitality (10.3%).
Not concerned Neutral Somewhat concerned Very concerned Impaired well-being of future generations 6.5% 7.3%17.7% Pollution of water and air 5.6%6.9%22.8%
68.5%
64.7%
Threats to urban trees, landscapes, and open space 7.7% 9.9% 28.3% Impacts to seniors and vulnerable populations 11.2% 11.6% 23.6% Threats to public health 9.1% 11.3% 29.4%
54.1%
53.7%
50.2%
Threats to public infrastructure (e.g. roads, buildings) 8.6% 14.2% 32.6% 44.6% Threats to the economic vitality of the Foster City community 10.3% 15.5% 38.8% 35.3% 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%
5. Please rank your level of support for the following types of climate action. 232 answered, 2 skipped
• The greatest support for climate action was for educational and logistical (61.2%) and financial or other incentives (52.8%).
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• Participants were least supportive of mandates and regulations (21.7%).
Do not support Neutral Somewhat support Strongly support
61.2%
70.00%
60.00%
50.00%
40.00%
30.00%
20.00%
10.00%
0.00%
52.8%
47.4%
37.4%
24.8%27.3% 27.4%
21.7%
18.5%
13.8%16.1% 13.0%10.4% 12.2%9.5% 6.5%
Financial or other
incentives
Mandates or regulations Education or logistical Local advocacy to promote support climate action at the state
and federal level
6. Personally, what are some barriers that might prevent you from taking climate action? Select all that apply.
• Time commitment - I do not have enough time to think about climate change. • Cost or Resources - I have other competing economic demands in my life that are more important to me and my family
• Realizing benefits - I don’t plan to live in my current home long enough to recover the costs of making changes to my home to reduce its carbon footprint. OR I live in an apartment and cannot make the types of changes that are needed to reduce my carbon footprint.
• Level of care and interest - I do not think there is enough of a crisis that I personally need to do anything to reduce the risks of climate change. • Outside forces - I feel that the changes need to be at larger scale than what I can do as an individual- nothing I do will make any difference 208 answered, 26 skipped
• More than half of participants name costs and resources as a barrier to taking climate action (51.4%). And only 14.4% of participants name lack of interest as a barrier for taking action.
• Other submissions included:
• Distrust in government’s ability to make effective decisions Foster City 2023 Climate Action Plan Page | 114
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• Climate change is not real
• Other issues take priority
60.00%
50.00%
40.00%
30.00%
20.00%
10.00%
0.00%
51.4%
27.4%26.9%
24.0%
22.1%
14.4%
Time
commitment
Cost or
Resources
Realizing benefits Level of care and Outside forces
interest
Other (please
specify)
Questions 7 and 8 provided participants the option to review all draft strategies for all focus areas or self-select which focus areas strategies they were most interested in leaving feedback for. Question 8 only appeared for those who selected to review specific focus areas in Question 7.
7. How would you like to review and provide feedback on the strategies and actions?
219 answered, 15 skipped
Count
I would like to review and comment the strategies and actions for ALL focus areas (Buildings & Energy, Consumption & Disposal, Community Resiliency, Natural Systems, Mobility & Transportation). 134
85I would like to ONLY review and comment on the strategies and actions for SPECIFIC focus areas.
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8. Please indicate for which focus areas you would like to review the draft strategies. Check all that apply.
76 answered, 158 skipped
• Consumption and disposal, natural systems, and mobility and transportation were the strategies participants are most interested in reviewing.
Count
Consumption & Disposal
Natural Systems
43 39
35 31
27 Mobility & Transportation
Community Resilience
Buildings & Energy
BUILDINGS & ENERGY
9. Please indicate your level of support for each of the draft Buildings & Energy Strategies below:
144 answered, 90 skipped
• Participants were most supportive of the City offering incentives for solar panels and EV batteries (61.5%).
• Interestingly the most opposition for a strategy is also incentives for solar panels and EV batteries (7%).
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Strongly oppose Somewhat oppose Neutral Somewhat support Strongly support 100%
90%
80%
70%
60%
50%
40%
30%
20%
10%
0%
50.7% 56.3% 56.4%57.6% 61.5%
26.4%
12.5%
21.4%23.6%
9.0%
23.6%
8.3%
16.8%
11.9% 15.0%
3.6%4.2%
6.3%
3.5%
6.9%
5.6%
5.6%
2.8%
7.0% 3.6%
Adopt new building Provide incentives
codes that require that make it easier for leadership with a new Demonstrate City Offer enhanced
incentives for
Adopt a shade tree
program to offer
new construction and homes and offices to green building policy installing solar panels subsidized shade major remodels to upgrade electric that prioritizes energy and encourage trees that reduce the energy needed to
keep homes cool
meet higher energy panels and adopt all- efficiency in new City pairing PV systems efficiency standards electric technologies buildings with onsite battery storage
10. Do you have any new ideas for strategies to reduce buildings and energy emissions in Foster City?
51 answered, 183 skipped
Top themes from submissions to this open response question included:
• Retrofitting old and inefficient buildings, private and public • Increase in EV charging stations
• Increase use and accessibility of public transportation • Plant more trees
• Make change through policy and taxes
CONSUMPTION AND DISPOSAL
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11. Please indicate your level of support for the draft Consumption & Disposal Strategies below:
161 answered, 73 skipped
• Participants showed the most support for enforcing compost and recycling to divert waste ending up in the landfill (64%).
• There was the most opposition to the City committing to zero waste (6.2%).
Strongly oppose Somewhat oppose Neutral Somewhat support Strongly support 100%
90%
80%
70%
60%
50%
40%
30%
20%
10%
0%
56.5% 62.1%64.0%
19.3%
9.3%
1.9%
6.2%
16.2%13.7%
9.3%
3.1%
9.9%
1.2%3.1% 3.7%
Keep more waste out of the landfill Demonstrate City leadership by by heavily promoting and enforcing committing to achieve zero waste Provide education and resources
that encourage homes and
businesses to participate in
composting programs
recycling and organics recycling (95% waste diversion) across City programs operations
12. Do you have any new ideas for strategies to reduce consumption and disposal emissions in Foster City?
55 answered, 179 skipped
Top themes from submissions to this open response question included:
• Education was the top suggestion for reducing consumption and disposal. • Respondents mentioned adding more public access to disposal options, including more public recycling and composting.
• Respondents suggested fining or taxing bad behavior or excessive waste.
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• Respondents emphasized repair and reuse over disposal for many goods. • Respondents suggested a plastic ban, such as a plastic bag and serviceware ban.
COMMUNITY RESILIENCE
13. Please indicate your level of support for the draft Community Resilience Strategies below:
148 answered, 86 skipped
• There was the most support for identifying ways to measure progress toward meeting climate goals and sharing those reports with the community (52.7%). • There was the most opposition to incorporating climate, mitigation, resiliency, and equity considerations into the City’s budget (9.5%).
Strongly oppose
37.4%
Somewhat oppose Neutral Somewhat support Strongly support 100%
90%
80%
70%
60%
50%
40%
30%
20%
10%
0%
46.6% 47.6%52.7% 52.4%
30.6%
22.5%
15.0%
27.7%
16.9%
24.3%
13.5%
23.8%
10.9%23.8%
4.1%
3.4%
9.5%
6.8%
8.2%3.4%
5.4%
4.1%
5.4%4.1%
Host events where Encourage small
community businesses to
members can learn participate in the
about Sustainability, San Mateo County climate goals and Climate Action, and Green Business share regular
Resiliency program
Identify ways to Incorporate climate Develop an
interdepartmental
Climate Action
Team to manage
plan
measure progress
toward meeting
mitigation,
resiliency, and
equity
considerations into
reports with the the City's budgeting implementation and community process track progress
14. Do you have any new ideas for strategies to enhance community resilience to climate change in Foster City?
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37 answered, 197 skipped
Top themes from submissions to this open response question included:
• Respondents stressed the importance of education and involving students. • Respondents suggested creating climate change committees made up of community members to address issues and enhance visibility. • Respondents emphasized updating building codes, and creating a standard for sustainability among commercial entities.
• Respondents suggested investing in infrastructure and green spaces • Respondents were interested in electrification, and the adoption of electric vehicles.
NATURAL SYSTEMS
15. Please indicate your level of support for the above draft Natural Systems Strategies:
155 answered, 79 skipped
• Participants support providing incentives to retrofitting buildings for water efficiency the most (68.6%).
• There was not much opposition to these strategies but the same strategy to provide incentives had the most opposition (3.3%).
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Strongly oppose Somewhat oppose Neutral Somewhat support Strongly support 100%
90%
80%
70%
60%
50%
40%
30%
20%
10%
0%
58.7%
65.4% 68.6%
23.2%
19.6% 16.3%
12.9%
2.6%
8.5%
3.3%
11.1%
1.3%2.6% 2.6% 3.3%
Provide education and resources Continue to promote existing Provide incentives to make it easier to install water efficiency
retrofits in existing buildings
that encourage more water-
efficient landscaping at homes
and businesses
residential water conservation
rebates and services
16. Do you have any new ideas for strategies to strengthen natural systems in Foster City?
43 answered, 199 skipped
Top themes from submissions to this open response question included:
• Respondents were concerned about water conservation, suggesting new measures to lower peoples water use.
• Respondents want synthetic turfs to be replaced with native species, and providing more education on native species.
• Respondents thought more homeowner association education and new codes for replacing lawns would help.
• Respondents suggested working with developers on better standards for development.
• Respondents believed that subsidies and incentives for making landscaping changes would help.
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MOBILITY & TRANSPORTATION
17. Please indicate your level of support for the draft Mobility & Transportation Strategies below:
151 answered, 83 skipped
• There was the most support for expanding EV charging stations in public spaces, multi-family developments, and workplaces (58.4%). • The most opposition was to establishing an electric municipal fleet policy that prioritizes electric vehicle purchases (10.7%).
Strongly oppose
46.0%
Somewhat oppose Neutral Somewhat support Strongly support
44.0%
100%
90%
80%
70%
60%
50%
40%
30%
20%
10%
0%
52.7% 53.6% 58.4%
22.7%
16.7%
24.0%
19.3%
21.3%
13.3%
23.2%
13.9%
23.5%
11.4%
2.0%
8.0%
8.7%
2.0%
10.7%4.0%
6.7% 5.3%
4.0% 4.7%
Make it easier for Establish an electric Connect parts of Expand EV charging
Build more
infrastructure for
electric bikes and
scooters, such as
dedicated on-street
parking and on-
street corrals
bike- and car-
sharing companies
municipal fleet the city not covered
policy that by public transit by infrastructure in
to operate in Foster prioritizes electric expanding local City vehicles for new shuttle service
vehicle purchases within city limits
public spaces,
multi-family
dwellings, and
workplaces
18. Do you have any new ideas for strategies to reduce transportation emissions and increase mobility in Foster City?
46 answered, 188 skipped
Top themes from submissions to this open response question included:
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• Adding more bikes and bike infrastructure were the most popular suggestion for respondents.
• Respondents thought that adding more public transit opportunities would help cut down on the use of vehicles.
• Respondents believe the city should rethink traffic patterns, creating more car free areas.
• Respondents believe that alternatives within Foster City are well established, but that there should be more connection with transit outside of the city. • Respondents suggested promoting electric vehicles, and finding ways of changing car habits, like scheduled usage of cars.
The following questions help us understand the profile of survey participants and supports our effort to make this process as comprehensive and inclusive as possible.
These questions are optional. ꢀ
19. What is your gender?
179 answered, 55 skipped
• Over half of participants self described as female (53%) and around a third self- described as male (37%), with 7% choosing not to disclose this information. • Other Submissions:
• Adult Human Female
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I prefer not to say,
13 Genderqueer, 0
I prefer to self-
describe (please
specify), 4
Non-binary or
non-
conforming, 0
Female, 95Male, 67
20. Which of the following best represents your racial or ethnic heritage?ꢀ 176 answered, 58 skipped
• White (41.5%) and Asian (34.7%) ethnicities/races make up over ¾ of participants. Black (1.1%), Native American (1.1%) and Middle Eastern (2.3%) ethnicities/races are the least represented.
• However, 14.2% of participants chose not to disclose this information. • Open response submissions included:
• Race not relevant
• Human Race
• Religious Ethnic Minority
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• Nepali
45.00%
40.00%
35.00%
30.00%
25.00%
20.00%
15.00%
10.00%
5.00%
41.5%
34.7%
14.2%
5.1%4.6%
2.3%1.1% 1.1% 0.0% 0.0%
0.00%
White or Black or Latino, Asian or Native Middle Native Multiracial I prefer Other Caucasian African Latina, or Asian American, Eastern, Hawaiian American Latinx American American North or other
Indian, or African, or Pacific
Alaskan Arab Islander
Native American
not to say (please
specify)
21. In what decade were you born?
174 answered, 60 skipped
• The top two decades represented in the participants are 1980’s (16.7%) and 1970’s (21.3%).
• The decades least represented are the 90’s (6.3%) and 2000’s (5.2%), however
9.2% of participants did not share the decade they were born.
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25.00%
20.00%
15.00%
10.00%
5.00%
21.3%
16.7% 16.1%
14.4%
10.9%
9.2%
6.3%
5.2%
0.00%
After 2000 1990-1999 1980-1989 1970-1979 1960-1969 1950-1959 Before 1950 I prefer no to say
22. What is your approximate average household income?
142 answered, 92 skipped
• Most of the participants make over $200,000 average household income (44.4%). With 11.9% of participants making $74,999 to less that $15,000 average household income.
50.00%
45.00%
40.00%
35.00%
30.00%
25.00%
20.00%
15.00%
10.00%
5.00%
44.4%
19.0%
16.9%
7.8%
4.2% 4.2%3.5%
0.0% 0.0%
0.00%
Under
$15,000
$15,000 to $25,000 to $35,000 to $50,000 to $75,000 to $100,000 to$150,000 to $200,000 $24,999 $34,999 $49,999 $74,999 $99,999 $149,999 $199,999 and over Foster City 2023 Climate Action Plan Page | 126
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23. Do you rent or own the place where you live?
179 answered, 55 skipped
• Other Submissions:
• Lives with parents
• Lives with kids
• Does not trust electrical grid
Neither (please
specify), 2.8%
Rent, 21.8%
Own, 75.4%
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Appendix D – 2019 Greenhouse Gas Emissions
Inventory
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DATE: April 1, 2024
TO: Mayor and Members of the City Council
VIA: Stefan Chatwin, City Manager
FROM: Andrew Brozyna, Public Works Director
Derek Schweigart, Parks and Recreation Director
DEPARTMENT: Public Works
Parks and Recreation
SUBJECT: REPORT ON IMPLEMENTATION OF A BANNER PROGRAM
RECOMMENDATION
It is recommended that the City Council receive this report and provide direction by Minute Order on the implementation of a Banner Program as proposed by the Ad Hoc Community Beautification Subcommittee.
EXECUTIVE SUMMARY
The Ad Hoc Community Beautification Subcommittee (Beautification Subcommittee) was established in 2021 to help identify ways to improve the City’s physical image and appearance. The group developed a list of recommendations, all of which have been completed or incorporated into Capital Improvement Projects or division workplans with the exception of the recommendation for an on-going banner program in which the City would use the light poles in certain locations to install banners for seasonal messaging.
If the City Council wishes to move forward with a Banner Program, staff would propose to add a line item in the Recreation Division FY 2024-2025 budget in the amount of $20,000 as discussed in the Fiscal Impact of this report. However, staff believes it may be prudent to consider waiting to implement this program until after the Recreation Center project has been completed.
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Staff requests Council direction by Minute Order regarding how to proceed with this program.
BACKGROUND
On December 13, 2021, the City Council established a new Ad Hoc Beautification Subcommittee to help identify ways to improve the City’s physical image and appearance (including but not limited to the City’s entry landmarks/monuments, signs, etc.) On January 12, 2022, the City Council appointed Mayor Sullivan and Councilmember Froomin as members of the Beautification Subcommittee.
The subcommittee met for the first time on February 22, 2022, and established a list of items to be considered and/or addressed. On March 28, 2022, the City Council received an update on the status of each recommendation. As outlined in that report, five (5) items had been incorporated into the Capital Improvement Program, four (4) were completed or programmed into the operations workload and three (3) required further discussion.
Two of the three discussion items have been resolved. The entry signs are currently undergoing a restoration process, the overpass and on-ramp aesthetic projects were discouraged by Caltrans, and an added item, the Utility Box Art Pilot Program, was brought to the City Council for consideration on March 18, 2024.
ANALYSIS
The final Beautification Subcommittee recommendation that requires Council consideration is the implementation of an on-going banner program. In brief, the Beautification Subcommittee members propose that the City develop seasonal messaging to be printed on banners to be installed on the streetlight poles on East Hillsdale and Foster City Boulevards and/or on the light poles in Leo Ryan Park. Most likely these banners would be changed four times per year, with a new banner installed as the previous banner is removed. The program would be coordinated by the Recreation Division who would develop messaging that complements their annual events programming, with graphics designed by the City’s Communications Division.
Although rarely used, the City does have a Banner Pole Policy which allows certain outside groups to utilize the banner poles for their own messaging. If the City Council were to authorize this seasonal programming message, it would more than likely preclude the use of the banner poles by outside groups. Any outside groups utilizing the banner poles would continue to be subject to the City’s existing Banner Policy which requires the applicant to obtain an encroachment permit and hire a professional installation company.
If the City Council wishes to move forward with a Banner Program, staff would propose to add a line item in the FY 2024-2025 Recreation Division budget in the amount of $20,000 as discussed in further detail in the Fiscal Impact section of this report.
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However, due to the level of staff resources currently dedicated to the Recreation Center Rebuild Project, and likely impacts of the Recreation Center Rebuild project to the logistics associated with the annual community events, Staff believes that it may be prudent to consider waiting to implement this program until after the Recreation Center project has been completed. If this is Council’s direction, then the Recreation Division can bring this program back as a line item in a future budget for Council consideration following Recreation Center Rebuild project completion.
CEQA
Not Applicable
FISCAL IMPACT
There are 48 streetlight poles that have banner holders along E. Hillsdale and Foster City Boulevards (2’ W x 4.5’ H) and 21 banner poles in Leo Ryan Park (2’ W x 3’ H). The last time the City created banners in 2021, the cost to print 2 sided banners for the street signs was about $73 each and parks signs was about $35 each. The figures below assume a 3% per year cost escalation factor:
Estimated Printing Costs (first year, per seasonal message): $4,734 •48 banners x $82 each = $3,936
•21 banners x $38 each = $798
Estimated Staff Time (first year, per seasonal message): 86 hours •Message Development/Coordination (Recreation): 24 staff hours •Graphic Design (Communications): 40 staff hours
•Installation/Removal (Maintenance): 22 staff hours (3 staff x 6 hours for street banners and 2 staff x 2 hours for park banners)
Total Program Budget for the first annual (4 message) cycle would be approximately $20,000 in hard costs for printing banners as well as 344 hours of staff time. It would be expected that all or some of the banners could be reinstalled annually for up to 5 years before needing to be reprinted or replaced, so it could be assumed that the average annual program cost would be about $5,000, or one-quarter of the first year cost, plus 100 staff hours since installation costs would remain constant and some coordination time would be anticipated every year.
CITY COUNCIL VISION, MISSION, AND VALUE/PRIORITY AREA
City Council Operations and Improved Community Engagement
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DATE: April 1, 2024
TO: Mayor and Members of the City Council
VIA: Stefan Chatwin, City Manager
FROM: Marlene Subhashini, Assistant City Manager
Dane Hutchings, Managing Director, Renne Public Policy Group DEPARTMENT: City Manager
SUBJECT: 2024 STATE LEGISLATIVE UPDATE
RECOMMENDATION
It is recommended that the City Council, by Minute Order, receive and accept an informational report on the 2024 State Legislative Update.
EXECUTIVE SUMMARY
State legislation has the potential to have direct and significant impacts on a city’s legal authority; fiscal, operational, and environmental stability. Active legislative engagement protects and enhances the interests of Foster City’s residents and businesses.
Ensuring that Council, city staff and the community are aware of policies impacting our community is an important step when conducting City business.
In an effort to advance the City’s public policy advocacy efforts, the City’s legislative consultant, Renne Public Policy Group (RPPG) has been tracking priority legislation on behalf of the City. Some of these bills will have an impact in our community as well impact the City’s ability to retain local decision making, conduct operations and/or create new financial and legal liability.
BACKGROUND
After working closely with the City’s legislative consultant, the City Council adopted its first comprehensive state legislative platform at the December 18, 2023, Council
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meeting (Attachment 2). Having a legislative platform is critical in the effectiveness of an overall legislative advocacy program as it provides broad policy statements that enables the City and its legislative advocacy firm to sift through the thousands of legislative proposals introduced each legislative session while elevating those measures that fall within the scope of the platform. The practice of adopting a legislative platform and policy is commonplace for public agencies that wish to have a sustained and engaged presence in the State legislative process. Upon adopting the Legislative Platform, Council requested that City staff along with our legislative consultant provide at least three (3) formal legislative updates to Council during a regularly scheduled meeting. Such updates are intended to provide Council with the information about the Legislative process and policy themes of interest to Council.
January 3, 2024, was the start of the 2024 legislative session. Governor Newsom unveiled the Administration’s FY24-25 budget proposal. The proposal was reflective of reduced state revenues. The forecast - which was originally projected to be a $38B deficit ballooned to nearly $70B by February. As expected, the Governor did not include the San Mateo County Vehicle Licensing Fee (VLF) shortfall in his budget. Although RPPG on behalf of the City has been successful in years past in securing the City’s portion of its VLF backfill, given the growing budget deficit, it is unlikely that a backfill will be included in this year’s final FY24-45 state budget. While negotiations will take place between the Newsom Administration and the Legislature, we will have a better sense of the overall deficit when Governor Newsom presents his updated budget proposal known as the “May Revise” which typically happens mind-May. From there, the Legislature must approve a balanced state budget no later than June 15 and the Governor has until June 30 to sign the budget.
February 16 marked the bill introduction deadline for the 2024 legislative session. There have been 2,231 pieces of new legislation introduced. Once introduced, all bills have to remain unchanged for 30 days; once this waiting period is over, they can have their language substantially altered. Additionally, about 400 bills that were introduced last year, but that did not make it to the Governor’s desk, remain active.
March 22 was the “amendment deadline” meaning that substantive language needs to be inserted in legislation in order for a piece of legislation to be referred to the appropriate policy committee. Lawmakers departed for their 10-day legislative spring break on March 23 and will resume session on Monday April 1. Over the next two months, thousands of measures will be heard in various policy committees with all bills needing to advance from their house of origin to the opposite house by Friday, May 24.
ANALYSIS
2024 State Legislative Trends
Within respect to Foster City’s top priorities, legislative focus for 2024 seems to be consistent with recent prior years: housing and land use (102 bills in this space), governmental operations, and transportation, public works – all policy areas have seen
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movement in this year. Additionally, public safety has re-emerged as a top priority.
Together, these four (4) policy areas account for more than 350 of the bills that have been introduced this year. In an effort to advance the City’s public policy advocacy efforts, RPPG has been tracking priority legislation on behalf of the City. As noted previously, some of these bills will have an impact in our community as well impact the City’s ability to retain local decision making, conduct operations and/or create new financial and legal liability. Below are a sampling of the measures that touch on each of the themes outlined above. For a more comprehensive list of tracked priority measures, please refer to Attachment 1.
LAND USE PLANNING AND HOUSING
AB 1820 (Schiavo) Housing development projects: applications: fees and exactions. (As Amended 02/20/2024)
Existing law requires a housing development project be subject only to the ordinances, policies, and standards adopted and in effect when the preliminary application was submitted. This bill would authorize a development proponent that submits a preliminary application for a housing development project to request a fee and exaction estimate, as defined, and would require the local agency to provide the estimate within ten (10) business days of the submission of the preliminary application. The author’s intent is that such a request would allow developers to have a better financial picture of the cost of a development before committing to building the project, which would ensure affordable housing developments are brought online quickly and to completion without surprise costs. AB 1820 Press Release: Link
Status: Assembly Housing & Community Development Committee Set for Hearing April 10, 2024
AB 1886 (Alvarez) Housing Element Law: substantial compliance: Housing Accountability Act. (As Introduced 01/22/2024)
Current law permits a local jurisdiction to adopt its housing element if the Agency believes that it is substantially compliant with state housing laws. The California Housing and Community Development Department (HCD) has the ability to certify a housing element if it determines that it is substantially compliant with state housing laws and may seek additional changes to a housing element that may go beyond state housing goals.
However, current law allows an agency to adopt the draft housing element or amendment without changes and make specified findings as to why the draft element or amendment substantially complies with the Housing Element Law despite findings by HCD. This bill would provide HCD with a reputable presumption of validity thereby removing the ability for a local jurisdiction to adopt its housing element until HCD’s proposed revisions are adopted. AB 1886 Fact Sheet: Link
Status: Referred to Assembly Housing & Community Development Committee and Assembly Local Government Committee.
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Set for Hearing in Assembly Housing April 10, 2024
AB 2023 (Quirk-Silva) Housing element: inventory of land: rebuttable presumptions. (As Amended 03/21/2024)
This bill, for the 7th and each subsequent revision of the housing element, would require a local government to complete the rezoning of sites within one year of the statutory deadline for the adoption of the housing element or the earlier of three (3) years after the date the housing element is adopted or 90 days after receipt of comments from HCD, as specified, if the local government satisfies certain requirements, including submitting a draft element or draft amendment to HCD for review within specified timeframes and adopting a draft element or draft amendment that the department finds to be in substantial compliance with the Housing Element Law, as specified.
Existing law requires a planning agency to submit a draft element revision or draft amendment to HCD for review at least 90 days prior to adoption and requires HCD, in written findings, to determine whether the draft element or amendment substantially complies with the Housing Element Law. Existing law, if HCD finds that the draft element or amendment does not substantially comply with the Housing Element Law, requires the legislative body to either change the draft element or draft amendment to substantially comply with the Housing Element Law or adopt the draft element or draft amendment without changes. Existing law requires a planning agency, promptly following the adoption of its element or amendment, to submit a copy to HCD.
This bill would specify that the duty to submit a copy of the adopted element or amendment to HCD does not excuse a legislative body from taking required actions in response to HCD finding that the draft element or amendment does not substantially comply with the Housing Element Law. More info: Link
Status: Assembly Housing & Community Development Committee Set for Hearing April 10, 2024
AB 2430 (Alvarez) Planning and zoning: density bonuses: monitoring fees. (As Introduced 02/13/2024)
This bill would prohibit a city, county, or city and county from charging a monitoring fee, as defined, on those types of housing developments if certain conditions are met.
Specifically, AB 2430 would prohibit a local government from charging a monitoring fee on affordable housing developments built using State Density Bonus Law that are already subject to a regulatory monitoring agreement with the California Tax Credit Allocation Committee (TCAC), the HCD, or the California Debt Limit Allocation Committee (CDLAC). The bill would provide that, beginning on January 1, 2025, any housing development that is currently placed in service, is subject to monitoring fees, and meets those conditions shall no longer be subject to those fees. AB 2430 Fact Sheet: Link
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Status: Assembly Housing & Community Development Committee Set for Hearing April 10, 2024
SB 1164 (Newman) Property taxation: new construction exclusion: accessory dwelling units. (As Introduced 02/14/2024)
This bill would exempt new ADU construction from property tax assessment for 15 years from the date of completion or until the property is sold. Specifically, this bill would exclude from classification as “newly constructed” and “new construction” the construction of an ADU, as defined, until 15 years have passed since construction on the ADU was completed or there is a subsequent change in ownership of the ADU. SB 1164 Press Release: Link
Status: Referred to Senate Revenue and Taxation Committee Set for Hearing April 10, 2024
CITY ADMINISTRATION, GOVERNMENTAL TRANSPARENCY AND PUBLIC ACCESS
AB 817 (Pacheco) Open meetings: teleconferencing: subsidiary body. (As Amended 01/17/2024)
This bill, until January 1, 2026, would provide additional flexibility under the Ralph M.
Brown Act to permit non-decision-making bodies to continue to meet remotely without adhering to posting requirements. This bill will assist in helping diversify City boards in an open and transparent manner. The bill includes a 2026 sunset date and requires an in-person location for public comment. It does not include an in-person quorum requirement for members.
Status: In Senate, awaiting referral to appropriate Senate Policy Committees.
AB 2715 (Boerner) Ralph M. Brown Act: closed sessions. (As Introduced 02/14/2024)
Existing law, the Ralph M. Brown Act, generally requires that all meetings of a legislative body of a local agency be open and public and that all people be permitted to attend and participate. Existing law authorizes a legislative body to hold a closed session on, among other things, matters posing a threat to the security of essential public services, as specified. This bill would additionally authorize a closed session to consider or evaluate matters related to cybersecurity, as specified, provided that any action taken on those matters is done in open session.
Status: Referred to Assembly Local Government Committee AB 2561 (McKinnor) Local public employees: vacant positions. (As Amended 03/11/2024)
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This bill would require each public agency with bargaining unit vacancy rates exceeding 10% for more than 90 days within the past 180 days to meet and confer with a representative of the recognized employee organization to produce, publish, and implement a plan consisting of specified components to fill all vacant positions within the subsequent 180 days. The bill would require the public agency to present this plan during a public hearing to the governing legislative body and to publish the plan on its internet website for public review for at least one year. AB 2561 Fact Sheet: Link Status: Referred to Assembly Public Employment and Retirement Committee SB 1116 (Portantino) Unemployment Insurance: Trade disputes: eligibility for Benefits. (As Introduced 02/13/2024)
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. Existing 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 trade dispute. SB 1116 Press Release: Link Status: Referred to Senate Labor, Public Employee and Retirement Committee
PUBLIC SAFETY
AB 1772 (Ramos) Theft. (As Amended 02/01/24)
Existing law, the Safe Neighborhoods and Schools Act, enacted by Proposition 47, as approved by the voters at the November 4, 2014, statewide general election, defines and prohibits an act of shoplifting and prohibits prosecution for an act of shoplifting under any other law. Existing law defines shoplifting as entering a commercial establishment with intent to commit larceny while the establishment is open during regular business hours.
This bill, if enacted and subsequently approved by the voters, would revise the definition of shoplifting to require an intent to steal retail property or merchandise. AB 1772 Press Release: Link
Status: Referred to Assembly Public Safety Committee.
SB 905 (Weiner) Crimes: theft from a vehicle. (As Amended 03/18/2024) Existing law defines the crime of burglary to include entering a vehicle when the doors are locked with the intent to commit grand or petit larceny or a felony. Existing law makes the burglary of a vehicle punishable as a misdemeanor or a felony. This bill would make forcibly entering a vehicle, as defined, with the intent to commit a theft therein a crime punishable by imprisonment in a county jail for a period not to exceed one year or imprisonment in a county jail for 16 months, or 2 or 3 years.
Status: Referred to Senate Public Safety Committee, set for hearing April 2.
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SB 982 (Wahab) Crimes: organized theft. (As Amended 03/05/24) Existing law, until January 1, 2026, makes a person guilty of organized retail theft, punishable as a misdemeanor or a felony, as specified, if the person acts in concert with one or more persons to steal merchandise from one or more merchant’s premises or online marketplaces with the intent to sell or return the merchandise for value, acts in concert with 2 or more persons to receive, purchase, or possess merchandise knowing or believing it to have been stolen, acts as an agent of another to steal merchandise from one or more merchant’s premises or online marketplaces as part of an organized plan to commit theft, or recruits, coordinates, organizes, supervises, directs, manages, or finances another to undertake acts of theft. This bill would extend the operation of the crime of organized retail theft indefinitely.
Status: Passed out of Senate Public Safety committee. Referred to Senate Appropriations committee.
SUSTAINABILITY AND TRANSPORTATION
AB 2427 (McCarty) Electric vehicle charging stations: permitting: curbside charging. (As Introduced 02/13/2024)
Existing law creates the Governor’s Office of Business and Economic Development, known as “GO-Biz,” and requires GO-Biz to serve the Governor as the lead entity for economic strategy and the marketing of California on issues relating to business development, private sector investment, and economic growth. Existing law continues into existence the zero-emission vehicle (ZEV) division within GO-Biz as the Zero- Emission Vehicle Market Development Office. Existing law references GO-Biz’s Electric Vehicle Charging Station Permitting Guidebook, which recommends best practices for electric vehicle supply equipment permitting. This bill would require the office to develop a model permitting checklist, model zoning ordinances, and best practices for permit costs and permit review timelines to help local governments permit curbside charging stations as part of the office’s development of the Electric Vehicle Charging Station Permitting Guidebook or any subsequent updates. The bill would also require the office to consult with local governments, electric vehicle service providers, and utilities while developing the above-described materials.
Status: Referred to Assembly Transportation Committee and Assembly Local Government committee. Set for hearing in Assembly Local Government committee 04/10/24.
SB 915 (Cortese) Local Government: autonomous vehicles. (As Introduced, 01/09/2024)
This bill would prohibit an autonomous vehicle service, which has received approval to conduct commercial passenger service or engage in commercial activity using driverless vehicles by the Department of Motor Vehicles, the Public Utilities Commission, or another
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state agency, from commencing operation within a local jurisdiction until authorized by a local ordinance enacted pursuant to the bill’s provisions. The bill would authorize each city, county, or city and county in which an autonomous vehicle has received authorization to operate, to protect the public health, safety, and welfare by adopting an ordinance or resolution in regard to autonomous vehicle services within that jurisdiction.
The bill would require each city, county, or city and county that adopts an ordinance or resolution to include certain provisions within that ordinance or resolution. These would include a policy for entry into the business of providing autonomous vehicle services including a permitting program, the establishment of reasonable vehicle caps and hours of service restrictions, and the establishment of an interoperability or override system accessible by first responders in case of an emergency.
Status: Set for hearing, April 3, 2024, Senate Local Government committee.
SB 1031 (Wiener) San Francisco Bay area: local revenue measure: transportation improvements. (As Amended 03/18/24)
This bill would authorize the Metropolitan Transportation Commission (MTC) to raise and allocate new revenue and incur and issue bonds and other indebtedness, as specified.
In this regard, the bill would authorize the commission to impose a retail transaction and use tax, a regional payroll tax, a parcel tax, and a regional vehicle registration surcharge in all or a subset of the nine (9) counties of the San Francisco Bay area, in accordance with applicable constitutional requirements. The bill would require the parcel tax to be collected by counties and the other three (3) taxes to be collected by specified state agencies and would require the net revenues from those taxes to be remitted to the commission, as prescribed. The bill would require the revenue generated pursuant to these provisions to be used for transportation improvements in the San Francisco Bay area, including for various transit purposes, and would require the commission to distribute those revenues in accordance with specified requirements and expressions of legislative intent.
Status: In Senate Rules, Awaiting Committee Assignment
ENERGY AND UTILITIES
AB 1999 (Irwin) Electricity: fixed charges. (As Introduced 01/30/2024) Existing law vests the Public Utilities Commission with regulatory authority over public utilities, including electrical corporations. Existing law authorizes the commission to adopt new, or expand existing, fixed charges, as defined, for the purpose of collecting a reasonable portion of the fixed costs of providing electrical service to residential customers. Under existing law, the commission may authorize fixed charges for any rate schedule applicable to a residential customer account. Existing law requires the commission, no later than July 1, 2024, to authorize a fixed charge for default residential rates to be established on an income-graduated basis, with no fewer than 3 income
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thresholds, so that low-income ratepayers in each baseline territory would realize a lower average monthly bill without making any changes in usage (AB 205). This bill would repeal the provisions described in the preceding paragraph. The bill would instead permit the commission to authorize fixed charges that, as of January 1, 2015, do not exceed $5 per residential customer account per month for low-income customers enrolled in the California Alternate Rates for Energy (CARE) program and that do not exceed $10 per residential customer account per month for customers not enrolled in the CARE program.
The bill would authorize these maximum allowable fixed charges to be adjusted by no more than the annual percentage increase in the Consumer Price Index for the prior calendar year, beginning January 1, 2016. This bill contains other related provisions and other existing laws. AB 1999 Press Release: Link
Status: Referred to Committee on Utilities & Energy
FULL BILL TEXT TO ANY MEASURE CAN BE FOUND BY GOING TO THE STATE’S LEGISLATIVE INFORMATION WEBSITE: THAT CAN BE ACCESSED BY
CLICKING HERE
California Environmental Quality Act
Not Applicable
FISCAL IMPACT
There is no fiscal impact associated with receiving this report.
CITY COUNCIL VISION, MISSION, AND VALUE/PRIORITY AREA
Smart Planning, Development, and the Local Economy
ATTACHMENTS:
Attachment 1 – Full Priority List
Attachment 2 – Council Adopted Legislative Platform
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1 City of Foster City: Priority Legislation as of March 25, 2024 Economic Development
AB 2922 (Garcia) Economic development: capital investment incentive programs. (Introduced 02/15/2024) Link
Prior law, until January 1, 2024, authorized a county, city and county, or city to establish a capital investment incentive program, pursuant to which the county, city and county, or city was authorized to pay, upon request, a capital investment incentive amount that does not exceed the amount of property tax derived from that portion of the assessed value of a qualified manufacturing facility, as defined, that exceeds $150,000,000 to a proponent of a qualified manufacturing facility for up to 15 years. This bill would reestablish the authorization for capital investment incentive programs until January 1, 2035. The bill would make conforming changes. (Based on 02/15/2024 text) Status: 03/11/2024 - Referred to Com. on L. GOV.
Calendar: 04/10/24 A-LOCAL GOVERNMENT 1:30 p.m. - State Capitol, Room 447 CARRILLO, JUAN, Chair Energy and Utilities
A
B 1999 (Irwin) Electricity: fixed charges. (Introduced 01/30/2024) Link Existing law vests the Public Utilities Commission with regulatory authority over public utilities, including electrical corporations. Existing law authorizes the commission to adopt new, or expand existing, fixed charges, as defined, for the purpose of collecting a reasonable portion of the fixed costs of providing electrical service to residential customers. Under existing law, the commission may authorize fixed charges for any rate schedule applicable to a residential customer account. Existing law requires the commission, no later than July 1, 2024, to authorize a fixed charge for default residential rates. Existing law requires these fixed charges to be established on an income-graduated basis, with no fewer than 3 income thresholds, so that low-income ratepayers in each baseline territory would realize a lower
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2 average monthly bill without making any changes in usage. This bill would repeal the provisions described in the preceding paragraph. The bill would instead permit the commission to authorize fixed charges that, as of January 1, 2015, do not exceed $5 per residential customer account per month for low-income customers enrolled in the California Alternate Rates for Energy (CARE) program and that do not exceed $10 per residential customer account per month for customers not enrolled in the CARE program. The bill would authorize these maximum allowable fixed charges to be adjusted by no more than the annual percentage increase in the Consumer Price Index for the prior calendar year, beginning January 1, 2016. This bill contains other related provisions and other existing laws. (Based on 01/30/2024 text)
Status: 02/12/2024 - Referred to Com. on U. & E.
AB 2462 (Calderon) Public Utilities Commission: written reports: energy. (Introduced 02/13/2024) Link
Existing law vests the Public Utilities Commission with regulatory authority over public utilities, including electrical corporations and gas corporations. Existing law requires the commission to annually prepare a written report on the costs of programs and activities conducted by certain electrical corporations and gas corporations. Existing law requires the commission to annually prepare and submit to the Governor and Legislature a separate written report that contains the commission’s recommendations for actions that can be undertaken during the succeeding 12 months to limit utility cost and rate increases consistent with the state’s energy and environmental goals, including goals for reducing emissions of greenhouse gases, and requires the commission, in preparing the separate report, to require certain electrical corporations and gas corporations to study and report on measures they recommend be undertaken to limit costs and rate increases. This bill would require the written report on the costs of programs and activities to also identify how the current rate trends affect households across their full portfolio of all energy uses, as provided, and how the adoption of electricity across more end-uses may reduce the total cost of energy for households over time. The bill would require the separate report to contain recommendations that may take longer than 12 months to implement, but could lead to substantial reductions in monthly electric bills, and would expand the above-described goals to additionally include goals for encouraging beneficial electrification. This bill contains other related provisions and other existing laws. (Based on 02/13/2024 text) Status: 02/26/2024 - Referred to Com. on U. & E.
Calendar: 04/03/24 A-UTILITIES AND ENERGY 1:30 p.m. - State Capitol, Room 437 PETRIE-NORRIS, COTTIE, Chair
AB 3011 (Bains) Electricity: rates: unreasonable hardship. (Introduced 02/16/2024) Link
Existing law vests the Public Utilities Commission with regulatory authority over public utilities, including electrical corporations. Existing law authorizes the commission to fix the rates and charges for every public utility and requires that those rates and charges be just and reasonable. This bill would require the commission to ensure that each electrical rate schedule does not cause an unreasonable hardship on senior citizens, renters, families with minor children, medically vulnerable customers, or economically vulnerable residential customers in hot climate zones, as specified. The bill would provide that any electrical rate schedule that imposes rates on those identified customers above baseline rates
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3 during any hour where the temperature is above 90 degrees Fahrenheit for the duration of the hour is considered an unreasonable hardship. (Based on 02/16/2024 text) Status: 03/11/2024 - Referred to Com. on U. & E.
SB 1374 (Becker) Net energy metering. (Amended 03/18/2024) Link Existing law vests the Public Utilities Commission with regulatory authority over public utilities, including electrical corporations. Existing law requires the commission to develop a standard contract or tariff, which may include net energy metering, for eligible customer-generators, as defined, with a renewable electrical generation facility, as defined, that is a customer of a large electrical corporation. Existing law requires, in developing the standard contract or tariff for large electrical corporations, the commission to take specified actions. This bill would require, no later than July 1, 2025, the commission to ensure that any contract or tariff established by the commission pursuant to the above described provisions for renewable electrical generation facilities configured to serve either multiple customers with meters on a single property, or multiple meters of a single customer on a property or a set of contiguous properties owned, leased, or rented by the customer, meets certain requirements, including that eligible customer- generators are authorized to elect to aggregate the electrical load, as specified. This bill contains other related provisions and other existing laws. (Based on 03/18/2024 text) Status: 03/19/2024 - Set for hearing April 2.
Calendar: 04/02/24 S-ENERGY, UTILITIES AND COMMUNICATIONS 9 a.m. - 1021 O Street, Room 1200 BRADFORD, STEVEN, Chair
Environment and Climate
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 05/26/2023) Link
The California Drought, Water, Parks, Climate, Coastal Protection, and Outdoor Access For All Act of 2018, approved by the voters as Proposition 68 at the June 5, 2018, statewide primary election, authorizes the issuance of bonds in the amount of $4,100,000,000 pursuant to the State General Obligation Bond Law to finance a drought, water, parks, climate, coastal protection, and outdoor access for all program. Article XVI of the California Constitution requires measures authorizing general obligation bonds to specify the single object or work to be funded by the bonds and further requires a bond act to be approved by a 2/3 vote of each house of the Legislature and a majority of the voters. This bill would enact the Safe Drinking Water, Wildfire Prevention, Drought Preparation, Flood Protection, Extreme Heat Mitigation, Clean Energy, and Workforce Development Bond Act of 2024, which, if approved by the voters, would authorize 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, wildfire prevention, drought preparation, flood protection, extreme heat mitigation, clean energy, and workforce development programs. This bill contains other related provisions. (Based on 05/26/2023 text)
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4 Status: 06/14/2023 - Referred to Coms. on N.R. & W. and GOV. & F.
AB 2346 (Lee) Organic waste reduction regulations: procurement of recovered organic waste products. (Introduced 02/12/2024) Link
Existing law requires the State Air Resources Board to complete, approve, and implement a comprehensive strategy to reduce emissions of short-lived climate pollutants in the state to reduce the statewide methane emissions by 40% below 2013 levels by 2030. Existing law requires the Department of Resources Recycling and Recovery, in consultation with the state board, to adopt regulations that achieve specified targets for reducing organic waste in landfills, as provided. The department’s organic waste regulations require local jurisdictions to annually procure a quantity of recovered organic waste products and to comply with their procurement targets by directly procuring recovered organic waste products for use or giveaway or by requiring, through a written agreement, that a direct service provider to the jurisdiction procure recovered organic waste products, or both. Those regulations specify the types of recovered organic waste products that a jurisdiction may procure, including compost that is produced at a compostable material handling operation or facility, or a specified digestion facility that composts onsite. Other regulations of the department require all compostable materials handling activities to obtain a facility permit from the department prior to commencing operations and meet other specified requirements, but exclude from those requirements certain activities that the regulations state do not constitute a compostable material handling operation or facility, including the composting of green material, agricultural material, food material, and vegetative food material, and the handling of compostable materials under certain conditions, as provided. This bill would authorize local jurisdictions to be credited for the procurement of recovered organic waste products through an agreement with a direct service provider, as defined, and would allow the direct service provider agreement to include the procurement of recovered organic waste products on a prospective or retrospective basis as long as the purchase of those products occurs during the year for which the local jurisdiction seeks credit. The bill would also authorize local jurisdictions to count towards their procurement targets, compost produced and procured from specified compost operations, as defined, and, until 2030, investments made for the expansion of the capacity of compostable materials handling operations or community composting operations, as provided. (Based on 02/12/2024 text) Status: 02/26/2024 - Referred to Com. on NAT. RES.
Calendar: 04/08/24 A-NATURAL RESOURCES 2:30 p.m. - State Capitol, Room 447 BRYAN, ISAAC, Chair AB 2626 (Dixon) Advanced Clean Fleets regulations: local governments. (Introduced 02/14/2024) Link
Existing law requires the State Air Resources Board to adopt and implement motor vehicle emission standards, in-use performance standards, and motor vehicle fuel specifications for the control of air contaminants and sources of air pollution that the state board has found necessary, cost effective, and technologically feasible. The California Global Warming Solutions Act of 2006 establishes the state board as the state agency responsible for monitoring and regulating sources emitting greenhouse gases and requires the state board to adopt rules and regulations to achieve the maximum technologically feasible and cost-effective greenhouse gas emission reductions from those sources. Pursuant to its authority, the state board has adopted the Advanced Clean Fleets Regulation, which imposes various requirements for transitioning local, state, and federal government fleets of medium- and heavy-duty trucks, other high- priority fleets of medium- and heavy-duty trucks, and drayage trucks to zero-emission vehicles. The Advanced Clean Fleets Regulation authorizes entities subject to the regulation to apply for exemptions
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5 from its requirements under certain circumstances. This bill would extend the compliance dates for local government set forth in the Advanced Clean Fleets Regulation by 10 years. The bill would prohibit the state board from taking enforcement action against a local government for violating the Advanced Clean Fleets Regulation if the alleged violation occurs before January 1, 2025. This bill contains other existing laws. (Based on 02/14/2024 text)
Status: 03/04/2024 - Referred to Coms. on TRANS. and NAT. RES.
AB 2658 (Bains) Short-lived climate pollutants: organic waste: reduction regulations: exemption. (Introduced 02/14/2024) Link
Existing law requires the State Air Resources Board to implement a comprehensive short-lived climate pollutant strategy to achieve a reduction in statewide emissions of methane by 40% by 2030. Existing law requires the methane emissions reduction goals to include a 75% reduction in the level of the statewide disposal of organic waste from the 2014 level by 2025. Existing law requires the Department of Resources Recycling and Recovery, in consultation with the state board, to adopt regulations to achieve these organic waste reduction goals that include, among other things, requirements intended to meet the goal that not less than 20% of edible food that is currently disposed of be recovered for human consumption by 2025 and that may include penalties to be imposed by the department for noncompliance, as provided. This bill would exempt from the above-referenced organic waste reduction goal requirements and regulations, food processing establishments, as defined, that do not divert organic waste to landfills. (Based on 02/14/2024 text)
Status: 03/04/2024 - Referred to Com. on NAT. RES.
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 06/22/2023) Link The California Drought, Water, Parks, Climate, Coastal Protection, and Outdoor Access For All Act of 2018, approved by the voters as Proposition 68 at the June 5, 2018, statewide primary election, authorizes the issuance of bonds in the amount of $4,100,000,000 pursuant to the State General Obligation Bond Law to finance a drought, water, parks, climate, coastal protection, and outdoor access for all program. Article XVI of the California Constitution requires measures authorizing general obligation bonds to specify the single object or work to be funded by the bonds and further requires a bond act to be approved by a 2/3 vote of each house of the Legislature and a majority of the voters. This bill would enact the 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, 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 projects for 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 programs. This bill contains other related provisions. (Based on 06/22/2023 text) Status: 07/06/2023 - July 10 hearing postponed by committee.
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6 SB 1175 (Ochoa Bogh) Organic waste: reduction goals: local jurisdictions: waivers. (Introduced 02/14/2024) Link
Existing law requires the State Air Resources Board to approve and begin implementing a comprehensive short-lived climate pollutant strategy to achieve a certain reduction in statewide emissions of methane, including a goal of a 75% reduction in the level of the statewide disposal of organic waste from the 2014 level by 2025.This bill would require the department to consider alternatives to census tracts, as provided, when deciding the boundaries of a low-population or elevation waiver and would require low-population waivers to be valid for a period of 10 years. This bill contains other existing laws. (Based on 02/14/2024 text) Status: 03/08/2024 - Set for hearing April 3.
Calendar: 04/03/24 S-ENVIRONMENTAL QUALITY 9 a.m. - 1021 O Street, Room 1200 ALLEN, BENJAMIN, Chair
SB 1361 (Blakespear) California Environmental Quality Act: exemption: local agencies: contract for providing services for people experiencing homelessness. (Introduced 02/16/2024) Link The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of an environmental impact report on a project that it proposes to carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if it finds that the project will not have that effect. CEQA also requires a lead agency to prepare a mitigated negative declaration for a project that may have a significant effect on the environment if revisions in the project would avoid or mitigate that effect and there is no substantial evidence that the project, as revised, would have a significant effect on the environment. CEQA exempts for its requirements, among other things, actions taken by the Department of Housing and Community Development, the California Housing Finance Agency, or a local agency not acting as the lead agency to provide financial assistance or insurance for the development and construction of residential housing for persons and families of low or moderate income, as provided. This bill would additionally exempt from CEQA’s requirements actions taken by a local agency to approve a contract for providing services for people experiencing homelessness. This bill contains other existing laws. (Based on 02/16/2024 text) Status: 03/08/2024 - Set for hearing April 3.
Calendar: 04/03/24 S-ENVIRONMENTAL QUALITY 9 a.m. - 1021 O Street, Room 1200 ALLEN, BENJAMIN, Chair
Governmental Operations
AB 1725 (McCarty) Law enforcement settlements and judgments: reporting. (Amended 01/03/2024) Link
Existing law requires each law enforcement agency to monthly furnish specified information to the Department of Justice regarding the use of force by a peace officer. This bill would require municipalities, as defined, to annually post on their internet websites specified information relating to
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7 settlements and judgments of $50,000 or more resulting from allegations of improper police conduct, including, among other information, amounts paid, broken down by individual settlement and judgment, information on bonds used to finance use of force settlement and judgment payments, and premiums paid for insurance against settlements or judgments resulting from allegations of improper police conduct. The bill would also require municipalities to annually post additional information pertaining to settlements and judgments, as specified, irrespective of the amount paid. By increasing requirements for local governments, this bill would impose a state-mandated local program. The bill would make legislative findings and declarations. (Based on 01/03/2024 text) Status: 01/25/2024 - Read third time. Passed. Ordered to the Senate. (Ayes 69. Noes 0.) In Senate. Read first time. To Com. on RLS. for assignment.
AB 2089 (Holden) Local government: collection of demographic data. (Introduced 02/05/2024) Link
Existing law requires the State Controller’s Office, to the extent the office has completed the functionality necessary, and the Department of Human Resources, when collecting demographic data as to the ancestry or ethnic origin of Californians hired into state employment, to use additional collection categories and tabulations for specified Black or African American groups. This bill would, commencing January 1, 2026, require a city, county, or city and county, when collecting demographic data as to the ancestry or ethnic origin of persons, to include the additional collection categories and tabulations for specified Black or African American groups, as described above. The bill would make related findings and declarations. By imposing new duties on cities, counties, or a city and county, the bill would impose a state-mandated local program. This bill contains other related provisions and other existing laws. (Based on 02/05/2024 text)
Status: 03/21/2024 - Referred to Com. on JUD.
AB 2153 (Lowenthal) California Public Records Act: public agency employees: notice requirements:
personnel and medical information. (Introduced 02/06/2024) Link Existing law, the California Public Records Act, requires public records to be open to inspection at all times during the office hours of the state or local agency that retains those records, and provides that every person has a right to inspect any public record, except as provided. Existing law requires each agency, upon a request for records, to determine within 10 days whether that request, in whole or in part, seeks copies of disclosable public records in the agency’s possession and to promptly notify the person making the request of its determination and reasons for that determination. Under existing law, the act generally does not require disclosure of personnel, medical, or similar files, the disclosure of which would constitute an unwarranted invasion of personal privacy. Existing law requires an agency, if it determines a request seeks disclosable public records, to state the estimated date and time when the records will be made available. Existing law permits the prescribed time limits of the act to be extended in unusual circumstances. In this connection, “unusual circumstances” include, among other reasons, the need to search for and collect the requested records from field facilities or other establishments separate from the office processing the request. This bill would require each agency, upon receipt of a request for a copy of, or the inspection of, any personnel, medical, or similar records of a public agency employee or any record that would disclose a public agency employee’s personal identity in connection with the performance of that employee’s work duties, to promptly and prior to the release of the records, provide written notice of the request to that public agency employee. By placing new
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8 requirements on local agencies, the bill would impose a state-mandated local program. This bill contains other related provisions and other existing laws. (Based on 02/06/2024 text) Status: 03/13/2024 - In committee: Set, first hearing. Hearing canceled at the request of author.
AB 2257 (Wilson) Local government: property-related water and sewer fees and assessments:
remedies. (Amended 03/20/2024) Link
The California Constitution specifies various requirements with respect to the levying of assessments and property-related fees and charges by a local agency, including notice, hearing, and protest procedures, depending on the character of the assessment, fee, or charge. Existing law, known as the Proposition 218 Omnibus Implementation Act, prescribes specific procedures and parameters for local jurisdictions to comply with these requirements. This bill would prohibit, if a local agency complies with specified procedures, a person or entity from bringing a judicial action or proceeding alleging noncompliance with the constitutional provisions for any new, increased, or extended fee or assessment, as defined, unless that person or entity has timely submitted to the local agency a written objection to that fee or assessment that specifies the grounds for alleging noncompliance, as specified.
This bill would provide that local agency responses to the timely submitted written objections shall go to the weight of the evidence supporting the agency’s compliance with the substantive limitations on fees and assessments imposed by the constitutional provisions. The bill would also prohibit an independent cause of action as to the adequacy of the local agency’s responses. This bill would, if the local agency complies with the specified procedures, provide that in any judicial action or proceeding to review, invalidate, challenge, set aside, rescind, void, or annul the fee or assessment for failure to comply with the procedural and substantive requirements of specified constitutional provisions, provisions in the fee or assessment setting process, the court’s review is limited to a record of proceedings containing specified documents, except as otherwise provided. The bill would provide that this limitation does not preclude any civil action related to a local agency’s failure to implement a fee or assessment in compliance with the manner adopted by the local agency. The bill would make related findings and declarations. (Based on 03/20/2024 text)
Status: 03/21/2024 - Re-referred to Com. on L. GOV.
AB 2283 (Pacheco) Public Records: employee personnel records: notice. (Introduced 02/08/2024) Link
Existing law, the California Public Records Act, requires a state or local agency to make its public records available for public inspection and to make copies available upon request and payment of a fee, unless the public records are exempt from disclosure. The act requires a state or local agency to comply with specified procedural requirements when responding to a request for a copy of records. This bill would require a public agency that receives a request for the personnel records of one of the public agency’s employees to provide written notice, as prescribed, to the employee within 48 hours of receipt of the request if specified conditions are met. By imposing new duties on local agencies, this bill would impose a state-mandated local program. This bill contains other related provisions and other existing laws. (Based on 02/08/2024 text)
Status: 02/26/2024 - Referred to Com. on JUD.
AB 2421 (Low) Employer-employee relations: confidential communications. (Introduced 02/13/2024) Link
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9 Existing law that governs the labor relations of public employees and employers, including the Meyers- Milias-Brown Act, the Ralph C. Dills Act, provisions relating to public schools, provisions relating to higher education, and provisions relating to the the San Francisco Bay Area Rapid Transit District, prohibits employers from taking certain actions relating to employee organization, including imposing or threatening to impose reprisals on employees, discriminating or threatening to discriminate against employees, or otherwise interfering with, restraining, or coercing employees because of their exercise of their guaranteed rights. Those provisions of existing law further prohibit denying to employee organizations the rights guaranteed to them by existing law. This bill would also prohibit a local public agency employer, a state employer, a public school employer, a higher education employer, or the district from questioning any employee or employee representative regarding communications made in confidence between an employee and an employee representative in connection with representation relating to any matter within the scope of the recognized employee organization’s representation. (Based on 02/13/2024 text)
Status: 02/26/2024 - Referred to Com. on P.E. & R.
Calendar: 04/03/24 A-PUBLIC EMPLOYMENT AND RETIREMENT 9 a.m. - State Capitol, Room 444 MCKINNOR, TINA, Chair
AB 2439 (Quirk-Silva) Public records: owners and developers. (Introduced 02/13/2024) Link
Existing law, the California Public Records Act, requires state and local agencies, as defined, to make their records available for public inspection, unless an exemption from disclosure applies. Existing law declares that access to information concerning the conduct of the people’s business is a fundamental and necessary right of every person in this state. Existing law requires specified state and local bodies to establish written guidelines for accessibility of records. Existing law requires the state and local bodies to post a copy of these guidelines in a conspicuous public place at the offices of these bodies, and to make available a copy of the guidelines upon request, free of charge, to any person requesting that body’s records. This bill would additionally require an owner, developer, or their agents who receives public funds or the equivalent of public funds from a public agency to perform a public works project, as defined, to be subject to the act in connection with records that it prepares, owns, uses, or retains relating to that public works project. The bill would require the owner, developer, or their agents to establish written guidelines for accessibility of records. The bill would also require the owner, developer, or their agents to post a copy of these guidelines in a conspicuous public place at the offices of these owners and developers, and to make available a copy of the guidelines upon request, free of charge, to any person requesting that owner’s or developer’s records. This bill contains other related provisions and other existing laws. (Based on 02/13/2024 text)
Status: 03/13/2024 - In committee: Set, first hearing. Hearing canceled at the request of author.
Calendar: 04/02/24 A-JUDICIARY 9 a.m. - State Capitol, Room 437 KALRA, ASH, Chair AB 2561 (McKinnor) Local public employees: vacant positions. (Amended 03/11/2024) Link
Existing law, the Meyers-Milias-Brown Act (act), authorizes local public employees, as defined, to form, join, and participate in the activities of employee organizations of their own choosing for the purpose of representation on matters of labor relations. The act prohibits a public agency from, among other things, imposing or threatening to impose reprisals on employees, discriminating or threatening to
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10 discriminate against employees, or otherwise interfering with specified employee rights guaranteed by the act. This bill would require each public agency with bargaining unit vacancy rates exceeding 10% for more than 90 days within the past 180 days to meet and confer with a representative of the recognized employee organization to produce, publish, and implement a plan consisting of specified components to fill all vacant positions within the subsequent 180 days. The bill would require the public agency to present this plan during a public hearing to the governing legislative body and to publish the plan on its internet website for public review for at least one year. By imposing new duties on local public agencies, the bill would impose a state-mandated local program. The bill would also include findings that changes proposed by this bill address a matter of statewide concern. (Based on 03/11/2024 text) Status: 03/19/2024 - In committee: Hearing postponed by committee.
SB 1090 (Durazo) Unemployment insurance: disability and paid family leave: claim administration. (Introduced 02/12/2024) Link
Existing unemployment compensation disability law requires workers to pay contribution rates based on, among other things, wages received in employment and benefit disbursement, for payment into the Unemployment Compensation Disability Fund, for purposes of compensating in part for the wage loss sustained by any individual who is unable to work due to the employee’s own sickness or injury, among other reasons. Existing law sets forth standards for eligibility to receive unemployment compensation disability benefits.This bill would instead require, for purposes of unemployment compensation disability benefits, the issuance of the initial payment for those benefits within 14 days of receipt of the claimant’s properly completed first disability claim or as soon as eligibility begins, whichever is later. The bill would apply the same initial payment issuance schedule applicable to unemployment compensation disability benefits to the paid family leave program and repeal the requirement that eligible workers receive benefits generally in accordance with unemployment and disability compensation law. This bill contains other related provisions and other existing laws. (Based on 02/12/2024 text) Status: 02/21/2024 - Referred to Com. on L., P.E. & R.
SB 1116 (Portantino) Unemployment insurance: trade disputes: eligibility for benefits. (Introduced 02/13/2024) Link
Existing law provides for the payment of unemployment compensation benefits and extended benefits to eligible individuals who meet specified requirements. Under existing law, unemployment benefits are paid from the Unemployment Fund, which is continuously appropriated for these purposes. Existing 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. Existing 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 trade 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 individuals deprived of work due to an employer lockout or similar action, as specified.
This bill contains other related provisions and other existing laws. (Based on 02/13/2024 text) Status: 02/21/2024 - Referred to Com. on L., P.E. & R.
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11 SB 1441 (Allen) Examination of petitions: time limitations and reimbursement of costs. (Introduced 02/16/2024) Link
Existing law, the California Public Records Act, requires state and local agencies to make their records available for public inspection, except as provided. Existing law generally includes in the meaning of “public records” any writing containing information relating to the conduct of the public’s business prepared, owned, used, or retained by any state or local agency regardless of physical form or characteristics. Under existing law, certain election petitions are not public records and are not open to inspection except by certain persons. Specifically, existing law authorizes, among other persons, the proponents of a petition found to be insufficient or their designated representative to examine the petition no later than 21 days after certification of the insufficiency. This bill would require the examination to conclude no later than 60 days after it commenced. The bill would also require the proponent to reimburse all costs incurred by the county elections official due to the examination within 30 days after the examination concludes. The bill would, before an examination is conducted and at the beginning of each day following, require the proponent of a petition who requests to examine a petition and a memorandum to deposit with the elections official a sum required by the elections official to cover the cost of the examination for that day. The bill would authorize the return of any money deposited in excess of the cost of the examination and provide that money not required to be refunded be deposited in the appropriate public treasury. This bill contains other related provisions and other existing laws. (Based on 02/16/2024 text)
Status: 03/20/2024 - Set for hearing April 2.
Calendar: 04/02/24 S-JUDICIARY 1:30 p.m. - 1021 O Street, Room 2100 UMBERG, THOMAS, Chair
Housing and Land Use
AB 990 (Grayson) Water quality: waste discharge requirements: infill housing projects. (Amended 01/25/2024) Link
The Porter-Cologne Water Quality Control Act (act) designates the State Water Resources Control Board and the California regional water quality control boards as the principal state agencies with authority over matters relating to water quality. The act requires the state board and the regional boards to, among other things, coordinate their respective activities to achieve a unified and effective water quality control program in the state. Under existing law, the state board and the 9 California regional water quality control boards regulate water quality and prescribe waste discharge requirements in accordance with the federal National Pollutant Discharge Elimination System (NPDES) permit program established by the federal Clean Water Act and the act. This bill would require the regional water board, defined to mean the regional water board with geographic boundaries for the San Francisco Bay region, to, by July 1, 2025, initiate modifications to its waste discharge requirements, as specified. The bill would require these modifications to be completed within 6 months of initiation. Before finalizing the modifications, the bill would require the regional water board to make specified findings, including, among other things, that concerns regarding the potential impacts of the draft NPDES permit requirements on the development of housing on infill sites have been adequately addressed. The bill would make these provisions inoperative on July 1, 2028, and would repeal them on January 1, 2029.
This bill contains other related provisions. (Based on 01/25/2024 text)
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12 Status: 01/29/2024 - Read third time. Passed. Ordered to the Senate. (Ayes 75. Noes 0.) In Senate. Read first time. To Com. on RLS. for assignment.
AB 1657 (Wicks) The Affordable Housing Bond Act of 2024. (Amended 03/04/2024) Link Under existing law, there are programs providing assistance for, among other things, emergency housing, multifamily housing, farmworker housing, home ownership for very low and low-income households, and downpayment assistance for first-time home buyers. Existing law also authorizes the issuance of bonds in specified amounts pursuant to the State General Obligation Bond Law and requires that proceeds from the sale of these bonds be used to finance various existing housing programs, capital outlay related to infill development, brownfield cleanup that promotes infill development, and housing- related parks. This bill 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 affordable rental housing and homeownership programs, including, among others, the Multifamily Housing Program, the CalHome Program, and the Joe Serna, Jr. Farmworker Housing Grant Program.
This bill would provide for submission of the bond act to the voters at the March 5, 2024, statewide general election in accordance with specified law. This bill contains other related provisions. (Based on 03/04/2024 text)
Status: 03/04/2024 - From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on APPR.
Position: Support
Notes: 6/21/23: EN received letter of support, tagged as support, submitted to Sen GF and Sen Housing, emailed delegation and governor's office. 7/12/23: AS me too'd in Senate Governance and Finance. 8/14/23: SG me too'd in Senate Appropriations Committee.
AB 1789 (Quirk-Silva) Department of Housing and Community Development. (Introduced 01/04/2024) Link
Existing law authorizes the Department of Housing and Community Development, upon appropriation, to make loans or grants, or both loans and grants, to rehabilitate, capitalize operating subsidy reserves for, and extend the long-term affordability of department-funded housing projects that have an affordability restriction that has expired, that have an affordability restriction with a remaining term of less than 10 years, or are otherwise at risk of conversion to market-rate housing. This bill would also authorize the department to make those loans and grants to rehabilitate, capitalize operating subsidy reserves for, and extend the long-term affordability of housing projects that qualify as a challenged development. The bill would define “challenged development” for these purposes to mean a development that meets a specified criteria including that the development is at least 15 years old, serves households of very low income or extremely low income, and has insufficient access to private or other public resources to complete substantial rehabilitation, as determined by the department. This bill would require the department to grant priority for these loans and grants to housing projects that are department funded and have an affordability restriction that has expired or have a remaining term of less than 10 years, or are otherwise at risk for conversion. (Based on 01/04/2024 text) Status: 01/16/2024 - Referred to Com. on H. & C.D.
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13 Calendar: 04/10/24 A-HOUSING AND COMMUNITY DEVELOPMENT 9 a.m. - State Capitol, Room 437 WARD, CHRISTOPHER, Chair
AB 1813 (Alanis) Senior Tenant Shallow Rental Subsidy Program of 2024: housing grants. (Introduced 01/10/2024) Link
Existing law requires the Department of Housing and Community Development to administer various housing programs, including the Multifamily Housing Program and the CalHome Program. This bill would establish the Senior Tenant Shallow Rental Subsidy Program of 2024. The bill would require the department, upon appropriation by the legislature, to establish and administer a grant program for cities and counties to provide subsidies for senior citizens at risk of homelessness. The bill would require that, of the grants awarded pursuant to the program, 50% of the funds be awarded to localities with at least 250,000 residents, and 50% be awarded to localities with less than 250,000 residents. The bill would require funds awarded through the program be obligated by no later than July 31, 2025. The bill would authorize the department to reallocate any part of an award that is not so obligated to other grantees participating in the program that meet specified requirements. The bill would require a grantee to award rental subsidies to individuals, not to exceed $500 per month for up to 18 months, based on specified requirements. The bill would establish the Senior Tenant Shallow Rental Subsidy Program of 2024 Fund in the State Treasury, and would provide moneys in the fund be allocated, upon appropriation by the Legislature, to the department for use in accordance with the program. (Based on 01/10/2024 text)
Status: 01/29/2024 - Referred to Com. on H. & C.D.
AB 1820 (Schiavo) Housing development projects: applications: fees and exactions. (Amended 02/20/2024) Link
Existing law requires a city or county to deem an applicant for a housing development project to have submitted a preliminary application upon providing specified information about the proposed project to the city or county from which approval for the project is being sought. Existing law requires a housing development project be subject only to the ordinances, policies, and standards adopted and in effect when the preliminary application was submitted. This bill would authorize a development proponent that submits a preliminary application for a housing development project to request a preliminary fee and exaction estimate, as defined, and would require the local agency to provide the estimate within 10 business days of the submission of the preliminary application. This bill contains other related provisions and other existing laws. (Based on 02/20/2024 text)
Status: 02/21/2024 - Re-referred to Com. on H. & C.D.
Calendar: 04/10/24 A-HOUSING AND COMMUNITY DEVELOPMENT 9 a.m. - State Capitol, Room 437 WARD, CHRISTOPHER, Chair
AB 1886 (Alvarez) Housing Element Law: substantial compliance: Housing Accountability Act. (Introduced 01/22/2024) Link
The Planning and Zoning Law requires a city or county to adopt a general plan for land use development within its boundaries that includes, among other things, a housing element. Existing law, commonly referred to as the Housing Element Law, prescribes requirements for a city’s or county’s preparation of,
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14 and compliance with, its housing element, and requires the Department of Housing and Community Development to review and determine whether the housing element substantially complies with the Housing Element Law, as specified. If the department finds that a draft housing element or amendment does not substantially comply with the Housing Element Law, existing law requires the legislative body of the city or county to either (A) change the draft element or amendment to substantially comply with the Housing Element Law or (B) adopt the draft housing element or amendment without changes and make specified findings as to why the draft element or amendment substantially complies with the Housing Element Law despite the findings of the department. Existing law requires a planning agency to promptly submit an adopted housing element or amendment to the department and requires the department to review the adopted housing element or amendment and report its findings to the planning agency within 60 days. This bill would require a planning agency that makes the above- described findings as to why a draft housing element or amendment substantially complies with the Housing Element Law despite the findings of the department to submit those findings to the department. The bill would require the department to review those finding in its review of an adopted housing element or amendment. The bill would create a rebuttable presumption of validity for the department’s findings as to whether the adopted element or amendment substantially complies with the Housing Element Law. Because the bill would require planning agencies to submit specified findings to the department with an adopted housing element or amendment, the bill would impose a state- mandated local program. This bill contains other related provisions and other existing laws. (Based on 01/22/2024 text)
Status: 02/05/2024 - Referred to Coms. on H. & C.D. and L. GOV.
Calendar: 04/10/24 A-HOUSING AND COMMUNITY DEVELOPMENT 9 a.m. - State Capitol, Room 437 WARD, CHRISTOPHER, Chair
AB 1889 (Friedman) General plan: wildlife connectivity element. (Introduced 01/22/2024) Link
Existing law, the Planning and Zoning Law, requires the legislative body of a city or county to adopt a comprehensive general plan that includes various elements, including land use and housing elements, as specified. This bill would require a general plan to include a wildlife connectivity element, or related goals, policies, and objectives integrated in other elements, that considers the effect of development within the jurisdiction on fish, wildlife, and habitat connectivity, as specified. The bill would require the wildlife connectivity element to, among other things, identify and analyze connectivity areas, permeability, and natural landscape areas within the jurisdiction, incorporate and analyze specified guidelines and standards, incorporate and analyze relevant information from specified sources, and incorporate and analyze relevant best available science. The bill would require a city or county subject to these provisions to adopt or review the wildlife connectivity element, or related goals, policies, and objectives integrated in other elements, upon the adoption or next revision of one or more elements on or after January 1, 2025. The bill would include related legislative findings and declarations. By adding to the duties of county and city officials in the administrating of their land use planning duties, this bill would impose a state-mandated local program. This bill contains other related provisions and other existing laws. (Based on 01/22/2024 text)
Status: 02/05/2024 - Referred to Coms. on L. GOV. and W., P., & W.
Calendar: 04/10/24 A-LOCAL GOVERNMENT 1:30 p.m. - State Capitol, Room 447 CARRILLO, JUAN, Chair
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15 AB 1893 (Wicks) Housing Accountability Act: housing disapprovals: required local findings. (Introduced 01/23/2024) Link
The Planning and Zoning Law requires a city or county to adopt a general plan for land use development within its boundaries that includes, among other things, a housing element. Existing law, commonly referred to as the Housing Element Law, prescribes requirements for a city’s or county’s preparation of, and compliance with, its housing element, and requires the Department of Housing and Community Development to review and determine whether the housing element substantially complies with the Housing Element Law, as specified. Existing law, the Housing Accountability Act, among other things, prohibits a local agency from disapproving, or conditioning approval in a manner that renders infeasible, a housing development project for very low, low-, or moderate-income households unless the local agency makes written findings as to one of certain sets of conditions, as specified. One set of conditions is that (A) the jurisdiction has adopted a housing element that is in substantial compliance with the Housing Element Law, and (B) the housing development project is inconsistent with both the jurisdiction’s zoning ordinance and general plan land use designation as specified in any element of the general plan as it existed on the date the application was deemed complete. This bill would authorize a local agency to disapprove or conditionally approve a housing development project for very low, low-, or moderate-income households if it makes a finding that (A) the local agency has failed to adopt a revised housing element that is in substantial compliance with the Housing Element Law, (B) the housing development project is proposed for a site zoned for residential use or residential mixed-use development, and (C) the housing development project exceeds specified density requirements, has a density that is less than the minimum allowed by state or local law, or does not meet objective standards quantifiable, written development standards, as specified. This bill contains other related provisions and other existing laws. (Based on 01/23/2024 text) Status: 02/05/2024 - Referred to Coms. on H. & C.D. and L. GOV.
AB 1932 (Ward) California Statewide Housing Plan. (Introduced 01/25/2024) Link
Existing law establishes the California Statewide Housing Plan, developed in cooperation with the private housing industry, regional and local housing and planning agencies, and other agencies of the state, to serve as a state housing plan. Existing law requires the plan to incorporate specified segments, including a review of housing assistance policies, goals, and objectives affecting the homeless. This bill would recast that provision to require the plan to incorporate, in consultation with the Interagency Council on Homelessness and utilizing data from the Homeless Data Integration system, a review of housing assistance, policies, goals, and objectives affecting people experiencing homelessness. (Based on 01/25/2024 text)
Status: 02/05/2024 - Referred to Com. on H. & C.D.
AB 2023 (Quirk-Silva) Housing element: inventory of land: rebuttable presumptions. (Amended 03/21/2024) Link
The Planning and Zoning Law requires a city or county to adopt a general plan for land use development within its boundaries that includes, among other things, a housing element. Existing law, commonly referred to as the Housing Element Law, prescribes requirements for a city’s or county’s preparation of, and compliance with, its housing element, and requires the Department of Housing and Community Development to review and determine whether the housing element substantially complies with the
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16 Housing Element Law, as specified. Existing law requires the housing element to include an inventory of land suitable and available for residential development. If that inventory of sites does not identify adequate sites to accommodate the need for groups of all household income levels, as provided, existing law requires that the local government rezone sites within 3 years after the date the housing element is adopted or within one year if the local government fails to adopt a housing element that the department finds to be in substantial compliance with the Housing Element Law within 120 days of the statutory deadline to adopt the housing element. This bill, for the 7th and each subsequent revision of the housing element, would require a local government to complete the rezoning of sites within one year of the statutory deadline for the adoption of the housing element or the earlier of 3 years after the date the housing element is adopted or 90 days after receipt of comments from the department, as specified, if the local government satisfies certain requirements, including submitting a draft element or draft amendment to the department for review within specified timeframes and adopting a draft element or draft amendment that the department finds to be insubstantial compliance with the Housing Element Law, as specified. This bill contains other related provisions and other existing laws. (Based on 03/21/2024 text)
Status: 03/21/2024 - From committee chair, with author's amendments: Amend, and re-refer to Com. on H. & C.D. Read second time and amended.
Calendar: 04/10/24 A-HOUSING AND COMMUNITY DEVELOPMENT 9 a.m. - State Capitol, Room 437 WARD, CHRISTOPHER, Chair
AB 2085 (Bauer-Kahan) Planning and zoning: ministerial approval: community clinic. (Introduced 02/05/2024) Link
The Planning and Zoning Law, among other things, authorizes a development proponent to submit an application for a housing development that is subject to a specified streamlined, ministerial approval process not subject to a conditional use permit, if the development satisfies certain objective planning standards. This bill would authorize a development proponent to submit to a local agency an application for a licensed community clinic that is located in a zone where office, retail, health care, or parking are a principally permitted use. The bill would make the development subject to a streamlined, ministerial approval process where the development is not subject to a conditional use permit or any other nonlegislative discretionary approval, as described. The bill would provide that a development eligible for approval pursuant to this process is not a “project” for purposes of CEQA, thereby expanding the exemption for ministerial approval of projects under CEQA. By establishing the streamlined, ministerial approval process for these developments, the bill would impose a state-mandated local program. This bill contains other related provisions and other existing laws. (Based on 02/05/2024 text) Status: 03/04/2024 - Referred to Coms. on L. GOV. and NAT. RES.
Calendar: 04/10/24 A-LOCAL GOVERNMENT 1:30 p.m. - State Capitol, Room 447 CARRILLO, JUAN, Chair AB 2114 (Irwin) Building standards: exterior elevated elements: inspection. (Introduced 02/05/2024) Link
Existing law, the Davis-Stirling Common Interest Development Act, governs the management and operation of common interest developments. Existing law requires the board of an association of a condominium project to cause a visual inspection to be conducted, at least every 9 years, of the exterior
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17 elevated elements for which the association has maintenance or repair responsibility. Existing law requires the inspection to be conducted by a licensed structural engineer or architect. This bill would additionally authorize a licensed civil engineer to conduct the inspection. This bill contains other related provisions. (Based on 02/05/2024 text)
Status: 03/21/2024 - Read second time. Ordered to third reading.
AB 2430 (Alvarez) Planning and zoning: density bonuses: monitoring fees. (Introduced 02/13/2024) Link
Existing law, commonly referred to as the Density Bonus Law, requires a city, county, or city and county to provide a developer that proposes a housing development within the city or county with a density bonus, waivers or reductions of development standards, parking ratios, and other incentives or concessions, as specified, if the developer agrees to construct certain types of housing, including a housing development in which 100% of the units are for lower income households, except that up to 20% of the units in the development may be for moderate-income households, as specified. This bill would prohibit a city, county, or city and county from charging a monitoring fee, as defined, on those types of housing developments if certain conditions are met. The bill would provide that, beginning on January 1, 2025, any housing development that is currently placed in service, is subject to monitoring fees, and meets those conditions shall no longer be subject to those fees. By imposing new duties on local governments, this bill would impose a state-mandated local program. This bill contains other related provisions and other existing laws. (Based on 02/13/2024 text) Status: 02/26/2024 - Referred to Coms. on H. & C.D. and L. GOV.
Calendar: 04/10/24 A-HOUSING AND COMMUNITY DEVELOPMENT 9 a.m. - State Capitol, Room 437 WARD, CHRISTOPHER, Chair
AB 2433 (Quirk-Silva) California Private Permitting Review and Inspection Act: fees: building permits. (Introduced 02/13/2024) Link
Existing law, the State Housing Law, establishes statewide construction and occupancy standards for buildings used for human habitation. Existing law authorizes the governing body of a county or city to prescribe fees for permits, certificates, or other forms or documents required or authorized under the State Housing Law, and fees to defray the cost of enforcement required by the law to be carried out by local enforcement agencies. This bill, the California Private Permitting Review and Inspection Act, would require a building department of the county or city to prepare a schedule of the above-described fees and post the schedule on the county or city’s internet website if the city or county prescribes the fees.
This bill contains other related provisions and other existing laws. (Based on 02/13/2024 text) Status: 03/04/2024 - Referred to Coms. on L. GOV. and H. & C.D.
Calendar: 04/10/24 A-LOCAL GOVERNMENT 1:30 p.m. - State Capitol, Room 447 CARRILLO, JUAN, Chair AB 2553 (Friedman) Housing development: major transit stops: vehicular traffic impact fees. (Introduced 02/14/2024) Link
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18 Existing law, the California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of an environmental impact report on a project that it proposes to carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if it finds that the project will not have that effect. CEQA also requires a lead agency to prepare a mitigated negative declaration for a project that may have a significant effect on the environment if revisions in the project would avoid or mitigate that effect and there is no substantial evidence that the project, as revised, would have a significant effect on the environment.
CEQA exempts from its requirements residential projects on infill sites and transit priority projects that meet certain requirements, including a requirement that the projects are located within 1/2 mile of a major transit stop. CEQA defines “major transit stop” to include, among other locations, the intersection of 2 or more major bus routes with a frequency of service interval of 15 minutes or less during the morning and afternoon peak commute periods. This bill would revise the definition of “major transit stop” to increase the frequency of service interval to 20 minutes. The bill would additionally define “major transit stop” to include a site in an urbanized area that is being served by an on-demand transit service at least 12 hours a day, 7 days a week. Because the bill would require a lead agency to make an additional determination as to whether a location is a major transit stop for purposes of determining whether residential or mixed-use residential projects are exempt from CEQA, this bill would impose a state-mandated local program. This bill contains other related provisions and other existing laws. (Based on 02/14/2024 text)
Status: 03/21/2024 - Referred to Coms. on L. GOV. and H. & C.D.
Calendar: 04/10/24 A-LOCAL GOVERNMENT 1:30 p.m. - State Capitol, Room 447 CARRILLO, JUAN, Chair AB 2583 (Berman) School zones and walk zones. (Amended 03/12/2024) Link
Existing law, the Planning and Zoning Law, requires the legislative body of a city or county to adopt a comprehensive general plan that includes various elements, including a circulation element to plan for transportation routes. This bill would require, upon any substantive revision of the circulation element on or after January 1, 2025, the legislative body of a city or county, to identify and establish school walk zones for all schools located within the scope of the general plan. The bill would define a “school walk zone” to mean all roadways and sidewalks within1/2 mile in all directions of the boundary line of a school grounds. By placing new duties on county and city officials with respect to their land use planning, the bill would impose a state-mandated local program. This bill contains other related provisions and other existing laws. (Based on 03/12/2024 text) Status: 03/13/2024 - Re-referred to Com. on TRANS.
Calendar: 04/15/24 A-TRANSPORTATION 2:30 p.m. - 1021 O Street, Room 1100 WILSON, LORI, Chair AB 2632 (Wilson) Planning and zoning: thrift retail stores. (Introduced 02/14/2024) Link
Existing law, the Planning and Zoning Law, among other things, requires the legislative body of each county and city to adopt a comprehensive, long-term general plan for the physical development of the county or city and of any land outside its boundaries that relates to its planning. Existing law authorizes the legislative body, if it deems it to be in the public interest, to amend all or part of an adopted general plan, as provided. Existing law also authorizes the legislative body of any county or city, pursuant to specified procedures, to adopt ordinances that, among other things, regulate the use of buildings,
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19 structures, and land as between industry, business, residences, open space, and other purposes. This bill would prohibit a city, including a charter city, a county, or a city and county, from treating a thrift retail store, as defined, differently from a nonthrift retail store for purposes of zoning, development standards, or permitting. The bill would allow a city, county, or city and county to require that thrift retail stores meet certain aesthetic or design standards, as prescribed. The bill would prohibit a city, including a charter city, a county, or a city and county, from prohibiting a thrift retail store from receiving used and donated items for sale in the store or other thrift retail stores, or reuse or recycling, or both reuse and recycling, through other means. By imposing additional duties on local officials, the bill would impose a state-mandated local program. This bill contains other related provisions and other existing laws. (Based on 02/14/2024 text)
Status: 03/04/2024 - Referred to Com. on L. GOV.
AB 2712 (Friedman) Preferential parking privileges: transit-oriented development. (Amended 03/21/2024) Link
Existing law authorizes a local authority, by ordinance or resolution, to prohibit or restrict the stopping, parking, or standing of vehicles on certain streets or highways during all or certain hours of the day.
Existing law authorizes the ordinance or resolution to include a designation of certain streets upon which preferential parking privileges are given to residents and merchants adjacent to the streets for their use and the use of their guests, under which the residents and merchants may be issued permits that exempt them from the prohibition or restriction of the ordinance or resolution.Existing law prohibits a public agency from imposing any minimum automobile parking requirement on any residential, commercial, or other development project that is located within 1/2 mile of public transit, as defined, unless the public agency makes written findings that not imposing or enforcing minimum automobile parking requirements on the development would have a substantially negative impact on, among other things, the city’s, county’s, or city and county’s ability to meet its share of the regional housing need for low- and very low income households.This bill, for a residential, commercial, or other development project that is exempt from minimum automobile parking requirements and located within a preferential parking area, would require the development project to be excluded from the boundaries of the preferential parking area and would prohibit the local authority, as defined, from issuing any permit to the residents, vendors, or visitors of the development project that grants preferential parking privileges. The bill would also authorize a local authority to issue permits to residents, vendors, and visitors of the development project that is within the boundaries of a preferential parking area if the local authority makes written findings that including the development project would not have a substantially negative impact on the preferential parking area, as specified.The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities. (Based on 03/21/2024 text)
Status: 03/21/2024 - From committee chair, with author's amendments: Amend, and re-refer to Com. on L. GOV. Read second time and amended.
Calendar: 04/10/24 A-LOCAL GOVERNMENT 1:30 p.m. - State Capitol, Room 447 CARRILLO, JUAN, Chair AB 2729 (Patterson, Joe) Residential fees and charges. (Introduced 02/15/2024) Link
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20 Existing law prohibits a local agency that imposes fees or charges on a residential development for the construction of public improvements or facilities from requiring the payment of those fees or charges until the date of the final inspection or the date the certificate of occupancy is issued, whichever occurs first, except that the payment may be required sooner if the local agency determines that the fees or charges will be collected for public improvements or facilities for which an account has been established and funds appropriated and for which the local agency has adopted a proposed construction schedule or plan prior to final inspection or issuance of the certificate of occupancy, or if the fees or charges are to reimburse the local agency for expenditures previously made. This bill would delete the above-described authorization for a local agency to require payment of fees or charges prior to the date of final inspection or issuance of the certificate of occupancy, whichever occurs first. (Based on 02/15/2024 text)
Status: 03/04/2024 - Referred to Coms. on L. GOV. and H. & C.D.
Calendar: 04/10/24 A-LOCAL GOVERNMENT 1:30 p.m. - State Capitol, Room 447 CARRILLO, JUAN, Chair AB 2881 (Lee) The Social Housing Act. (Introduced 02/15/2024) Link
Existing law establishes the Department of Housing and Community Development and sets forth its powers and duties. Existing law creates a housing authority in each county or city, which functions upon the adoption of a specified resolution by the relevant governing body. Existing law authorizes these housing authorities, within their jurisdictions, to construct, reconstruct, improve, alter, or repair all or part of any housing project. Existing law establishes various programs that provide housing assistance.
This bill would enact the Social Housing Act and would create the California Housing Authority as an independent state body, the mission of which would be to ensure that social housing developments that are produced and acquired align with the goals of eliminating the gap between housing production and regional housing needs assessment targets and preserving affordable housing. The bill would prescribe a definition of social housing that would describe, in addition to housing owned by the authority, housing owned by other entities, as specified, provided that all social housing developed or authorized by the authority would be owned by the authority. This bill would prescribe the composition of the California Housing Authority Board, which would govern the authority, and which would be composed of appointed members and members who would be elected by residents of social housing developments, as specified. The bill would set forth the powers and duties of the authority and the board. The bill would require the authority to seek to achieve revenue neutrality, as defined, and would require the authority to seek to recuperate the cost of development and operations over the life of its properties through mechanisms that maximize the number of Californians who can be housed without experiencing rent burden. This bill contains other related provisions. (Based on 02/15/2024 text) Status: 03/11/2024 - Referred to Com. on H. & C.D.
AB 2904 (Quirk-Silva) Zoning ordinances: notice. (Introduced 02/15/2024) Link
Existing law requires the planning commission to hold a public hearing on any zoning ordinance or an amendment to a zoning ordinance that changes any property from one zone to another. Existing law, if the proposed ordinance or amendment to a zoning ordinance affects the permitted uses of real property, requires notice of the hearing to be, among other things, mailed or delivered at least 10 days prior to the hearing to the owner of the subject real property, as specified. This bill would instead require notice of the planning commission’s hearing on a proposed zoning ordinance or amendment to a
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21 zoning ordinance, if the proposed ordinance or amendment to a zoning ordinance affects the permitted uses of real property, to be mailed or delivered at least 60 days before the hearing to the owner of each property subject to the proposed zoning ordinance or amendment to a zoning ordinance, as specified.
The bill would require the notice to include details describing the zoning ordinance or the changes made by the amendment to the zoning ordinance, the reasons for adopting the zoning ordinance or amendment to a zoning ordinance, and information describing how property owners can participate in public hearings. The bill would require this notice to also be posted on the local government’s internet website. This bill contains other related provisions and other existing laws. (Based on 02/15/2024 text) Status: 03/11/2024 - Referred to Com. on L. GOV.
AB 2909 (Santiago) Historical property contracts: qualified historical property: adaptive reuse. (Introduced 02/15/2024) Link
Existing law authorizes an owner of any qualified historical property to contract with the legislative body of a city, county, or city and county to restrict the use of the property, as specified, in exchange for lowered assessment values. Existing law defines “qualified historical property” as privately owned property that is not exempt from property taxation and is either listed in the National Register of Historic Places or located in a registered historic district, as defined, or listed in any state, city, county, or city and county official register of historical or architecturally significant sites, places, or landmarks. This bill, starting January 1, 2026, and until January 1, 2036, would additionally define as “qualified historical property” a privately owned property that is not exempt from property taxation that was constructed at least 30 years prior to the year a legislative body and property owner enter into a contract to restrict the use of the property, as specified, and that is located on a site that satisfies certain criteria, including, among others, being in a zone where office, retail, or parking are a principally permitted use. The bill would require a contract entered into to restrict the use of that qualified historical property to require adaptive reuse of the qualified historical property. The bill would also update an obsolete cross- reference. This bill contains other existing laws. (Based on 02/15/2024 text) Status: 03/11/2024 - Referred to Coms. on L. GOV. and H. & C.D.
Calendar: 04/10/24 A-LOCAL GOVERNMENT 1:30 p.m. - State Capitol, Room 447 CARRILLO, JUAN, Chair AB 3057 (Wilson) California Environmental Quality Act: exemption: junior accessory dwelling units ordinances. (Introduced 02/16/2024) Link
The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of an environmental impact report on a project that it proposes to carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if it finds that the project will not have that effect. CEQA also requires a lead agency to prepare a mitigated negative declaration for a project that may have a significant effect on the environment if revisions in the project would avoid or mitigate that effect and there is no substantial evidence that the project, as revised, would have a significant effect on the environment. CEQA exempts from its requirements the adoption of an ordinance by a city or county to issue a zoning variance, special use permit, or conditional use permit for a dwelling unit to be constructed, or which is attached to or detached from, a primary residence on a parcel zoned for a single-family residence, as provided, or to provide for the creation of accessory dwelling units in areas zoned to allow single-family or multifamily dwelling residential use. This bill would expand the above CEQA exemption to include the adoption of an
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22 ordinance by a city or county to provide for the creation of junior accessory dwelling units in single- family residential zones. This bill contains other existing laws. (Based on 02/16/2024 text) Status: 03/11/2024 - Referred to Coms. on NAT. RES. and H. & C.D.
Calendar: 04/08/24 A-NATURAL RESOURCES 2:30 p.m. - State Capitol, Room 447 BRYAN, ISAAC, Chair AB 3086 (Santiago) General plan: annual report: housing units. (Introduced 02/16/2024) Link The Planning and Zoning Law requires a city or county to adopt a general plan for land use development of the city or county that includes, among other elements, a housing element. That law requires the housing element to include, among other things, an identification and analysis of existing and projected housing needs. That law requires the city or county to provide by April 1 of each year an annual report to, among other entities, the Department of Housing and Community Development that includes, among other specified information, the number of units of housing demolished and new units of housing that have been issued a completed entitlement, a building permit, or a certificate of occupancy.
This bill would additionally require the city or county to include in the annual report the number of units in the city or county with long-term affordable covenants or restrictions that expired in the prior year and the number of units in the city or county subject to a local rent control or any form of rent or price control that were withdrawn from rent or lease. By requiring a city or county to include additional information in the annual report, the bill would impose a state-mandated local program. This bill contains other related provisions and other existing laws. (Based on 02/16/2024 text) Status: 03/11/2024 - Referred to Coms. on H. & C.D. and L. GOV.
AB 3122 (Kalra) Streamlined housing approvals: objective planning standards. (Introduced 02/16/2024) Link
Existing law, the Planning and Zoning Law, authorizes a development proponent to submit an application for a multifamily housing development that is subject to a streamlined, ministerial approval process, as provided, and not subject to a conditional use permit, if the development satisfies specified objective planning standards, including, among others, that the development proponent has committed to record, prior to the issuance of the first building permit, a land use restriction or covenant providing that any lower or moderate-income housing units required remain available at affordable housing costs or rent to persons and families of lower or moderate income, as specified. Existing law authorizes a development proponent to request a modification to a development that has been approved under the streamlined, ministerial approval process if that request is submitted to the local government before the issuance of the final building permit. Existing law authorizes a local government to apply objective planning standards adopted after the development application was first submitted to the requested modification if the development is revised such that (1) the total number of residential units or total square footage of construction changes by 15% or more or (2) the development is revised such that the total number of residential units or total square footage of construction changes by 5% or more and it is necessary to impose an objective standard beyond those in effect when the development application was submitted in order to mitigate or avoid a specific, adverse impact upon the public health or safety.
This bill would instead authorize a local government to apply objective planning standards adopted after the development application was first submitted to the requested modification if the development is revised such that (1) the total square footage of construction increases by 15% or more or the total number of residential units decreases by 15% or more or (2) the total square footage of construction
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23 increases by 5% or more or the total number of residential units decreases by 5% or more and it is necessary to impose an objective standard beyond those in effect when the development application was submitted in order to mitigate or avoid a specific, adverse impact upon the public health or safety.
By reducing the ability of a local government to impose objective planning standards adopted after the development application was first submitted when reviewing a requested modification, the bill would impose a state-mandated local program. This bill contains other related provisions and other existing laws. (Based on 02/16/2024 text)
Status: 03/21/2024 - Referred to Coms. on H. & C.D. and L. GOV.
AB 3177 (Carrillo, Wendy) Mitigation Fee Act: land dedications: mitigating vehicular traffic impacts. (Introduced 02/16/2024) Link
Existing law, the Mitigation Fee Act, imposes various requirements with respect to the establishment, increase, or imposition of a fee by a local agency as a condition of approval of a development project.
Existing law requires a local agency that imposes a fee on a housing development for the purpose of mitigating vehicular traffic impacts to set the rate for the fee to reflect a lower rate of automobile trip generation if the housing development satisfies specified characteristics, including that the housing development is located within a 1/2 mile of a transit station. Existing law defines transit station for these purposes to mean a rail or light-rail station, ferry terminal, bus hub, or bus transfer station. This bill would instead require the housing development to be located within a 1/2 mile of a transit priority area for purposes of a local agency setting the rate for a mitigating vehicular traffic impacts fee to reflect a lower rate of automobile trip generation. The bill would define “transit priority area” as an area within 1/2 mile of a major transit stop that is existing or planned, if the planned stop is scheduled to be completed within the planning horizon included in a Transportation Improvement Program or applicable regional transportation plan. The bill would also prohibit local agency from imposing a land dedication requirement, as defined, on a housing development for the purpose of mitigating vehicular traffic impacts or achieving an adopted level of service related to vehicular traffic. This bill contains other related provisions and other existing laws. (Based on 02/16/2024 text) Status: 03/21/2024 - Referred to Coms. on H. & C.D. and L. GOV.
SB 7 (Blakespear) Planning and zoning: annual report: housing for extremely low income households. (Amended 01/22/2024) Link
Existing law, the Planning and Zoning Law, requires a city or county to adopt a general plan for land use development within its boundaries that includes, among other things, a housing element. That law requires the planning agency of a city or county to provide by April 1 of each year an annual report to, among other entities, the Department of Housing and Community Development. The law requires that the annual report include, among other specified information, the number of net new units of housing, including both rental housing and for-sale housing, that have been issued a completed entitlement, building permit, or certificate of occupancy, and the income category, by area median income, that each unit of housing satisfies, as specified. This bill would revise and recast these provisions to specify that the income category includes extremely low income households, as defined. By requiring cities and counties to include additional information in their annual reports, the bill would impose a state- mandated local program. (Based on 01/22/2024 text)
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24 Status: 01/29/2024 - Read third time. Passed. (Ayes 32. Noes 0.) Ordered to the Assembly. In Assembly.
Read first time. Held at Desk.
SB 834 (Portantino) Vehicles: preferential parking: residential, commercial, or other development project. (Amended 02/22/2024) 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 land use element, and a conservation element.
Existing law also authorizes the legislative body of a city or a county to adopt ordinances establishing requirements for parking, and permits variances to be granted from the parking requirements of a zoning ordinance for nonresidential development if the variance will be an incentive to the development and the variance will facilitate access to the development by patrons of public transit facilities. Existing law prohibits a public agency from imposing any minimum automobile parking requirement on any residential, commercial, or other development project, as defined, that is located within 1/2 mile of public transit, as defined. Existing law, notwithstanding the above-described prohibition, authorizes a city, county, or city and county to impose or enforce minimum automobile parking requirements on a housing development project if specified conditions are met. Existing law authorizes a local authority to authorize preferential parking for designated groups to park on specified streets if the local authority determines that use of the permits will not adversely affect parking conditions for residents and merchants in the area. This bill would prohibit a local authority from issuing any permit conferring preferential parking privileges to any residents or vendors of any developments within 1/2 mile of public transit and exempt from parking minimums. The bill would require the local authority to revise the boundaries of any such preferential parking district to exclude those developments from its boundaries.
The bill would make related findings and declarations, and state that it is the intent of the Legislature to discourage car use by incentivizing development near public transit. The bill finds that reducing greenhouse gases and dependence on car use is a matter of statewide concern and not a municipal affair, and this bill applies to all cities, including charter cities. By changing the duties of local planning officials, this bill would impose a state-mandated local program. (Based on 02/22/2024 text) Status: 02/29/2024 - Re-referred to Com. on RLS. pursuant to Assembly Rule 96.
SB 937 (Wiener) Development projects: permits and other entitlements: fees and charges. (Introduced 01/17/2024) Link
The Planning and Zoning Law requires each county and each city to adopt a comprehensive, long-term general plan for its physical development, and the development of specified land outside its boundaries, that includes, among other mandatory elements, a housing element. Existing law, the Permit Streamlining Act, among other things, requires a public agency that is the lead agency for a development project to approve or disapprove that project within specified time periods. Existing law extended by 18 months the period for the expiration, effectuation, or utilization of a housing entitlement, as defined, that was issued before, and was in effect on, March 4, 2020, and that would expire before December 31, 2021, except as specified. Existing law provides that if the state or a local agency extended the otherwise applicable time for the expiration, effectuation, or utilization of a housing entitlement for not less than 18 months, as specified, that housing entitlement would not be extended an additional 18 months pursuant to these provisions. This bill would extend by 18 months the period for the expiration, effectuation, or utilization of a housing entitlement, as defined, that was issued before January 1, 2024, and that will expire before December 31, 2025, except as specified. The
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25 bill would toll this 18-month extension during any time that the housing entitlement is the subject of a legal challenge. By adding to the duties of local officials with respect to housing entitlements, this bill would impose a state-mandated local program. The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities. This bill contains other related provisions and other existing laws. (Based on 01/17/2024 text)
Status: 03/15/2024 - Set for hearing April 3.
Calendar: 04/03/24 S-LOCAL GOVERNMENT 9:30 a.m. - 1021 O Street, Room 2200 DURAZO, MARIA ELENA, Chair
SB 1055 (Min) Accessory dwelling units: regional housing need. (Introduced 02/08/2024) Link
Existing law requires the Department of Housing and Community Development, in consultation with each council of governments, to determine each region’s existing and projected housing need, as provided. Existing law requires each council of governments, or the department for cities and counties without a council of governments, to adopt a final regional housing need plan that allocates a share of the regional housing need to each city, county, or city and county and that furthers specified objectives.
Existing law requires the planning agency of a city or county to provide an annual report to its legislative body, the Office of Planning and Research, and the Department of Housing and Community Development by April 1 of each year that includes, among other information, the city’s or county’s progress in meeting its share of regional housing needs, as described. Existing law, the Planning and Zoning Law, authorizes a local agency, by ordinance or ministerial approval, to provide for the creation of accessory dwelling units in areas zoned for residential use, as specified. Existing 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. Existing law prohibits a local agency from establishing height limitations for accessory dwelling units, including height limitations that would prohibit attached accessory dwelling units from attaining a height of 25 feet, as specified.
This bill would prohibit a qualifying local agency from imposing height limitations that would prohibit an attached accessory dwelling unit from attaining a height of 16 feet, as specified. The bill would define “qualifying local agency” as a local agency that the Department of Housing and Community Development has determined that the number of housing units that have been entitled by the local agency, as shown on its most recent annual progress report, is greater than the local agency’s share of the regional housing need, for the low- and very low income categories, prorated for that annual reporting period. This bill contains other existing laws. (Based on 02/08/2024 text) Status: 03/13/2024 - March 19 set for first hearing canceled at the request of author.
SB 1134 (Caballero) Surplus land. (Amended 03/18/2024) Link
Existing law provides for the disposal of land owned by a local agency that is surplus and is not necessary for the agency’s use. The local agency is required to declare the land either “surplus land” or “exempt surplus land,” as prescribed. Existing law sets forth procedures for the disposal of surplus land and provides that these procedures do not apply to exempt surplus land. Existing law, for prescribed surplus land parcels developed with residential units, requires minimum percentages of residential units developed on the parcel to be sold or rented at affordable housing cost or affordable rent.This bill, with regard to surplus land, would require each parcel of land to be considered a distinct unit of surplus land,
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26 with the exception of contiguous parcels that are disposed of simultaneously to the same receiving entity or any entity working in concert with another receiving entity, which parcels the bill would require to be treated as a single unit of land. (Based on 03/18/2024 text) Status: 03/18/2024 - From committee with author's amendments. Read second time and amended. Re- referred to Com. on RLS.
SB 1212 (Skinner) Investment entities: purchasing and acquisition interests in housing. (Amended 03/19/2024) Link
Existing law provides that all property has an owner, whether that owner is the state and the property is public, or the owner is an individual and the property is private. This bill, on and after January 1, 2025, would prohibit an investment entity, as defined, from purchasing or acquiring an interest, as defined, in a single-family dwelling or other dwelling that consists of one or 2 residential units within this state. The bill would provide that a purchase or acquisition of an interest in housing in violation of this prohibition is void. The bill would define “investment entity” as a real estate investment trust or an entity that manages funds pooled from investors and owes a fiduciary duty to those investors. The bill would exempt nonprofit organizations, entities primarily engaged in the construction of housing, and governmental entities from the definition of “investment entity.” The bill would absolve a seller of housing from liability under these provisions if the seller obtains a written release signed by the buyer stating that the buyer is not an investment entity. (Based on 03/19/2024 text) Status: 03/19/2024 - From committee with author's amendments. Read second time and amended. Re- referred to Com. on JUD.
SB 1438 (Niello) Housing First: sober housing. (Introduced 02/16/2024) Link
Existing law establishes the California Interagency Council on Homelessness to oversee the implementation of Housing First guidelines and regulations, and, among other things, identify resources, benefits, and services that can be accessed to prevent and end homelessness in California. Existing law requires a state agency or department that funds, implements, or administers a state program that provides housing or housing-related services to people experiencing homelessness or at risk of homelessness to revise or adopt guidelines and regulations to include enumerated Housing First policies. Existing law specifies the core components of Housing First, including prohibiting the use of alcohol or drugs, in and of itself, without other lease violations, from constituting a reason for eviction.
This bill would provide an exception to that prohibition, authorizing a tenant’s eviction based upon the use of drugs or alcohol, without other lease violations, when children are housed in the same location. (Based on 02/16/2024 text)
Status: 02/29/2024 - Referred to Coms. on HOUSING and JUD.
Calendar: 04/02/24 S-HOUSING 1:30 p.m. - 1021 O Street, Room 1200 SKINNER, NANCY, Chair SB 1439 (Ashby) Surplus Land Act: exempt surplus land: health facilities. (Introduced 02/16/2024) Link
Existing law prescribes requirements for the disposal of surplus land by a local agency. Existing law defines “surplus land” for these purposes to mean land owned in fee simple by any local agency for
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27 which the local agency’s governing body takes formal action in a regular public meeting declaring that the land is surplus and is not necessary for the agency’s use. Existing law provides that an agency is not required to follow the requirements for the disposal of surplus land for “exempt surplus land,” except as provided. Existing law defines “exempt surplus land” to include certain types of land, including surplus land that the local agency is exchanging for another property necessary for the agency’s use. This bill would define “exempt surplus land” to include land that is being or will be developed for a health facility, as defined and specified. (Based on 02/16/2024 text) Status: 02/29/2024 - Referred to Com. on L. GOV.
Open Meetings and Transparency
AB 817 (Pacheco) Open meetings: teleconferencing: subsidiary body. (Amended 01/17/2024) Link Existing law, the Ralph M. Brown Act, requires, with specified exceptions, each legislative body of a local agency to provide notice of the time and place for its regular meetings and an agenda containing a brief general description of each item of business to be transacted. The act also requires that all meetings of a legislative body be open and public, and that all persons be permitted to attend unless a closed session is authorized. The act generally requires for teleconferencing that the legislative body of a local agency that elects to use teleconferencing post agendas at all teleconference locations, identify each teleconference location in the notice and agenda of the meeting or proceeding, and have each teleconference location be accessible to the public. Existing law also requires that, during the teleconference, at least a quorum of the members of the legislative body participate from locations within the boundaries of the territory over which the local agency exercises jurisdiction. Existing law authorizes the legislative body of a local agency to use alternate teleconferencing provisions during a proclaimed state of emergency (emergency provisions) and, until January 1, 2026, in certain circumstances related to the particular member if at least a quorum of its members participate from a singular physical location that is open to the public and situated within the agency’s jurisdiction and other requirements are met (nonemergency provisions). Existing law imposes different requirements for notice, agenda, and public participation, as prescribed, when a legislative body is using alternate teleconferencing provisions. The nonemergency provisions impose restrictions on remote participation by a member of the legislative body and require the legislative body to specific means by which the public may remotely hear and visually observe the meeting. This bill, until January 1, 2026, would authorize a subsidiary body, as defined, to use similar alternative teleconferencing provisions and would impose requirements for notice, agenda, and public participation, as prescribed. In order to use teleconferencing pursuant to this act, the bill would require the legislative body that established the subsidiary body by charter, ordinance, resolution, or other formal action to make specified findings by majority vote, before the subsidiary body uses teleconferencing for the first time and every 12 months thereafter. This bill contains other related provisions and other existing laws. (Based on 01/17/2024 text)
Status: 01/25/2024 - Read third time. Passed. Ordered to the Senate. (Ayes 54. Noes 8.) In Senate. Read first time. To Com. on RLS. for assignment.
AB 2095 (Maienschein) Publication: newspapers of general circulation. (Amended 03/13/2024) Link
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28 Existing law requires various types of notices to be provided in a “newspaper of general circulation,” as that term is defined, in accordance with certain prescribed publication periods and legal requirements.
Existing law requires a newspaper of general circulation to meet certain criteria, including publication, a bonafide subscription list of paying subscribers, and printing and publishing at regular intervals in the state, county, or city where publication is to be given. This bill would require any public notice that is legally required to be published in a newspaper of general circulation to be published in the newspaper’s print publication, on the newspaper’s internet website or electronic newspaper available on the internet, and on a statewide internet website maintained as a repository for notices by a majority of California newspapers of general circulation, as specified. The bill would permit a newspaper that does not maintain its own internet website to satisfy these notice requirements by publishing the notice on a statewide internet website and referencing the statewide internet website in its print publication notice. The bill would provide that certain internet website operator errors or temporary outages or service interruptions resulting in an error in the legal notice published do not constitute a defect in publication, if the legal notice appears correctly in the newspaper’s print publication and satisfies all other legal notice requirements. The bill would prohibit a newspaper from charging any fee or surcharge specifically to access public notices on their internet website, except as specified. The bill would also require a state or local agency that maintains an internet website and publishes a public notice to include a reasonably accessible link on its internet website to the statewide internet website, currently capublicnotice.com, where the public notice will appear. By imposing new duties on local government agencies, the bill would create a state-mandated local program. This bill contains other related provisions and other existing laws. (Based on 03/13/2024 text) Status: 03/19/2024 - From committee: Do pass and re-refer to Com. on APPR. (Ayes 10. Noes 0.) (March 19). Re-referred to Com. on APPR.
AB 2302 (Addis) Open meetings: local agencies: teleconferences. (Introduced 02/12/2024) Link
Existing law, the Ralph M. Brown Act, requires, with specified exceptions, that all meetings of a legislative body, as defined, of a local agency be open and public and that all persons be permitted to attend and participate. The act generally requires for teleconferencing that the legislative body of a local agency that elects to use teleconferencing post agendas at all teleconference locations, identify each teleconference location in the notice and agenda of the meeting or proceeding, and have each teleconference location be accessible to the public. Existing law also requires that, during the teleconference, at least a quorum of the members of the legislative body participate from locations within the boundaries of the territory over which the local agency exercises jurisdiction. The act provides an exemption to the jurisdictional requirement for health authorities, as defined. Existing law, until January 1, 2026, authorizes the legislative body of a local agency to use alternative teleconferencing in specified circumstances if, during the teleconference meeting, at least a quorum of the members of the legislative body participates in person from a singular physical location clearly identified on the agenda that is open to the public and situated within the boundaries of the territory over which the local agency exercises jurisdiction, and the legislative body complies with prescribed requirements. Existing law imposes prescribed restrictions on remote participation by a member under these alternative teleconferencing provisions, including establishing limits on the number of meetings a member may participate in solely by teleconference from a remote location, prohibiting such participation for a period of more than 3 consecutive months or 20% of the regular meetings for the local agency within a calendar year, or more than 2 meetings if the legislative body regularly meets fewer than 10 times per calendar year. This bill would revise those limits, instead prohibiting such participation for more than a specified number of meetings per year, based on how frequently the legislative body regularly meets. The bill, for the purpose of counting meetings attended by
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29 teleconference, would define a “meeting” as any number of meetings of the legislative body of a local agency that begin on the same calendar day. This bill contains other related provisions and other existing laws. (Based on 02/12/2024 text)
Status: 02/26/2024 - Referred to Com. on L. GOV.
Calendar: 04/10/24 A-LOCAL GOVERNMENT 1:30 p.m. - State Capitol, Room 447 CARRILLO, JUAN, Chair AB 2715 (Boerner) Ralph M. Brown Act: closed sessions. (Introduced 02/14/2024) Link
Existing law, the Ralph M. Brown Act, generally requires that all meetings of a legislative body of a local agency be open and public and that all persons be permitted to attend and participate. Existing law authorizes a legislative body to hold a closed session on, among other things, matters posing a threat to the security of essential public services, as specified. This bill would additionally authorize a closed session to consider or evaluate matters related to cybersecurity, as specified, provided that any action taken on those matters is done in open session. This bill contains other related provisions and other existing laws. (Based on 02/14/2024 text)
Status: 03/04/2024 - Referred to Com. on L. GOV.
Public Safety and EMS
AB 1772 (Ramos) Theft. (Amended 02/01/2024) Link
Existing law, the Safe Neighborhoods and Schools Act, enacted by Proposition 47, as approved by the voters at the November 4, 2014, statewide general election, defines and prohibits an act of shoplifting and prohibits prosecution for an act of shoplifting under any other law. Existing law defines shoplifting as entering a commercial establishment with intent to commit larceny while the establishment is open during regular business hours. This bill would revise the definition of shoplifting to require an intent to steal retail property or merchandise. This bill contains other related provisions and other existing laws. (Based on 02/01/2024 text)
Status: 02/05/2024 - Re-referred to Com. on PUB. S.
AB 1779 (Irwin) Theft: jurisdiction. (Amended 03/11/2024) Link
Existing law defines types of theft, including petty theft, grand theft, and shoplifting. Existing law also defines the crimes of robbery and burglary. Existing law sets forth specific rules relating to the jurisdiction for the prosecution of theft by fraud, organized retail theft, and receiving stolen property, including that the jurisdiction for prosecution includes the county where an offense involving the theft or receipt of the stolen merchandise occurred, the county in which the merchandise was recovered, or the county where any act was done by the defendant in instigating, procuring, promoting, or aiding or abetting in the commission of a theft offense or other qualifying offense. Existing law jurisdictionally limits prosecution of each of the above to criminal actions brought by the Attorney General. This bill would no longer limit the jurisdictional rules for the above crimes to criminal actions brought by the Attorney General. If a case is brought by someone other than the Attorney General, the bill would
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30 require the prosecution to present written evidence in the jurisdiction of the proposed trial that all district attorneys in counties with jurisdiction over the offenses agree to the venue. The bill would require charged offenses from jurisdictions where there is not a written agreement from the district attorney to be returned to that jurisdiction. (Based on 03/11/2024 text) Status: 03/12/2024 - Re-referred to Com. on PUB. S.
AB 1794 (McCarty) Crimes. (Introduced 01/04/2024) Link
Existing law, the Safe Neighborhoods and Schools Act, enacted as an initiative statute by Proposition 47, as approved by the electors at the November 4, 2014, statewide general election, makes the theft of money, labor, or property petty theft punishable as a misdemeanor, whenever the value of the property taken does not exceed $950. Under existing law, if the value of the property taken exceeds $950, the theft is grand theft, punishable as a misdemeanor or a felony. Proposition 47 requires shoplifting, defined as entering a commercial establishment with the intent to commit larceny if the value of the property taken does not exceed $950, to be punished as a misdemeanor. This bill would state the intent of the Legislature to enact legislation relating to theft. (Based on 01/04/2024 text) Status: 01/05/2024 - From printer. May be heard in committee February 4.
Notes: Note: This bill is part of the Assembly’s Public Safety Retail Theft Package and an intent bill.
AB 1802 (Jones-Sawyer) Crimes: organized theft. (Introduced 01/08/2024) Link
Existing law, until January 1, 2026, makes a person guilty of organized retail theft, punishable as a misdemeanor or a felony, as specified, if the person acts in concert with one or more persons to steal merchandise from one or more merchant’s premises or online marketplaces with the intent to sell or return the merchandise for value, acts in concert with 2 or more persons to receive, purchase, or possess merchandise knowing or believing it to have been stolen, acts as an agent of another to steal merchandise from one or more merchant’s premises or online marketplaces as part of an organized plan to commit theft, or recruits, coordinates, organizes, supervises, directs, manages, or finances another to undertake acts of theft. This bill would extend the operation of the crime of organized retail theft until January 1, 2031. By extending the operation of an existing crime, this bill would create a state-mandated local program. This bill contains other related provisions and other existing laws. (Based on 01/08/2024 text)
Status: 01/22/2024 - Referred to Com. on PUB. S.
AB 1990 (Carrillo, Wendy) Criminal procedure: arrests: shoplifting. (Amended 03/18/2024) Link
Existing law prohibits shoplifting, defined as entering a commercial establishment with intent to commit theft while that establishment is open during regular business hours, where the value of the property that is taken or intended to be taken does not exceed $950. Existing law requires an act that falls within this definition to be charged as shoplifting and not as burglary or theft. Under existing law, shoplifting is punishable as a misdemeanor, except when the defendant has prior convictions, as specified. Existing law authorizes a peace officer to make a warrantless arrest for a misdemeanor when the officer has probable cause to believe the person to be arrested has committed the misdemeanor in the officer’s presence. Existing law also authorizes a private person to make an arrest for a misdemeanor committed
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31 in their presence, and requires the person to deliver the arrested person to a peace officer or magistrate. Existing law additionally authorizes a merchant to detain a person for a reasonable time and in a reasonable manner to determine if a person has unlawfully taken merchandise. Existing law authorizes a peace officer to make a warrantless arrest for specified misdemeanors relating to domestic violence, violation of a restraining order, and carrying a concealed firearm at an airport that did not occur in the officer’s presence. This bill would authorize a peace officer to make a warrantless arrest for a misdemeanor shoplifting offense not committed in the officer’s presence if the officer has probable cause to believe that person has committed shoplifting. This bill contains other related provisions and other existing laws. (Based on 03/18/2024 text)
Status: 03/19/2024 - Re-referred to Com. on PUB. S.
AB 2042 (Jackson) Police canines: standards and training. (Amended 03/21/2024) Link
Existing law requires all law enforcement agencies to maintain a use of force policy, as specified, and requires the Commission on Peace Officer Standards and Training to implement courses of instruction for the training of law enforcement officers in the use of force. This bill would require the commission, on or before January 1, 2026, to develop standards and training guidelines, as specified, for the use of canines by law enforcement. The bill would require each law enforcement agency in California, on or before January 1, 2027, to adopt a policy for the use of canines that, at a minimum, complies with the standards developed by the commission, and to require regular and periodic training for all canines and canine handlers that covers, at a minimum, the training guidelines developed by the commission.
Because the bill would impose additional requirements on local law enforcement agencies, the bill would impose a state-mandated local program. This bill contains other related provisions and other existing laws. (Based on 03/21/2024 text)
Status: 03/21/2024 - Referred to Com. on PUB. S. From committee chair, with author's amendments:
Amend, and re-refer to Com. on PUB. S. Read second time and amended.
AB 2438 (Petrie-Norris) Property crimes: enhancements. (Introduced 02/13/2024) Link
Existing law makes a person guilty of organized retail theft if, among other things, the person acts in concert with one or more persons to steal merchandise from one or more merchant’s premises or online marketplace with the intent to sell, exchange, or return the merchandise for value. Under existing law, these crimes are punishable as either misdemeanors or felonies, as specified. Existing law requires that a court dismiss an enhancement if it is in the furtherance of justice to do so, as specified. This bill would, notwithstanding the limitations on imposing an enhancement, make any person who acts in concert with 2 or more persons to take, attempt to take, damage, or destroy any property in the commission or attempted commission of a felony punishable by an additional and consecutive term of imprisonment of one, 2, or 3 years. By creating a new enhancement, this bill would impose a state- mandated local program. This bill contains other related provisions and other existing laws. (Based on 02/13/2024 text)
Status: 02/26/2024 - Referred to Com. on PUB. S.
AB 2943 (Zbur) Crimes: shoplifting. (Introduced 02/15/2024) Link
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32 Existing law divides theft into grand theft and petty theft. Existing law punishes petty theft as a misdemeanor while grand theft is punished as either a misdemeanor or a felony. Existing law lists specific types of theft which are grand theft and all other cases of theft as petty theft. Existing law authorizes a person to be charged with grand theft if the property taken exceeds $950 over the course of distinct but related acts. This bill would clarify that those related acts include acts committed against multiple victims or in counties other than the county of the current offense. This bill contains other related provisions and other existing laws. (Based on 02/15/2024 text) Status: 03/11/2024 - Referred to Com. on PUB. S.
AB 3241 (Pacheco) Law enforcement: police canines. (Introduced 02/16/2024) Link
Existing law requires all law enforcement agencies to maintain a use of force policy, as specified, and requires the Commission on Peace Officer Standards and Training (POST) to implement courses of instruction for the training of law enforcement officers in the use of force. This bill would require the commission to adopt uniform, minimum guidelines regarding the use of canines by law enforcement, including legal standards established by the bill, and to certify courses of training for all law enforcement canine handlers and those law enforcement supervisors directly overseeing canine programs, as specified. The bill would require, on or before July 1, 2025, each law enforcement agency to maintain a policy for the use of canines by the agency that, at a minimum, complies with the guidelines adopted by POST, and would require law enforcement agencies to establish a training regimen that includes a course certified by the commission. Because the bill would impose additional duties on local law enforcement agencies, the bill would impose a state-mandated local program. This bill contains other related provisions and other existing laws. (Based on 02/16/2024 text) Status: 03/11/2024 - Referred to Com. on PUB. S.
SB 21 (Umberg) Controlled substances. (Amended 01/17/2024) Link
Existing law makes it a crime to possess for sale or purchase for purpose of sale, transport, or sell, various controlled substances, including, among others, fentanyl. This bill would require a person who is convicted of, or who pleads guilty or no contest to, the above-described crimes as they relate to fentanyl to receive a written advisory of the danger of distribution of controlled substances and that, if a person dies as a result of that action, the distributor can be charged with homicide or murder. The bill would require that the fact the advisory was given be on the record and recorded on the abstract of the conviction. This bill would authorize a defendant who is charged with the above-described crimes to undergo a treatment program in lieu of a grant of probation or a jail or prison sentence if certain conditions are met. The bill would require the treatment program to be developed by a drug addiction expert and would authorize a defendant to participate in a substance abuse and mental health evaluation. The bill would make any statement or information from the evaluation inadmissible in any action or proceeding. The bill would require the drug treatment program to be approved by the court and could include mental health treatment and job training. The bill would require the court to dismiss the charges upon successful completion of the treatment program. (Based on 01/17/2024 text) Status: 01/17/2024 - From committee with author's amendments. Read second time and amended. Re- referred to Com. on APPR.
SB 905 (Wiener) Crimes: theft from a vehicle. (Amended 03/18/2024) Link
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33 Existing law defines the crime of burglary to include entering a vehicle when the doors are locked with the intent to commit grand or petit larceny or a felony. Existing law makes the burglary of a vehicle punishable as a misdemeanor or a felony.This bill would make forcibly entering a vehicle, as defined, with the intent to commit a theft therein a crime punishable by imprisonment in a county jail for a period not to exceed one year or imprisonment in a county jail for 16 months, or 2 or 3 years. By creating a new crime, this bill would impose a state-mandated local program. This bill contains other related provisions and other existing laws. (Based on 03/18/2024 text) Status: 03/18/2024 - From committee with author's amendments. Read second time and amended. Re- referred to Com. on PUB S.
Calendar: 04/02/24 S-PUBLIC SAFETY 8:30 a.m. - 1021 O Street, Room 2200 WAHAB, AISHA, Chair SB 923 (Archuleta) Theft. (Amended 03/18/2024) Link
Existing law, the Safe Neighborhoods and Schools Act, enacted by Proposition 47, as approved by the voters at the November 4, 2014, statewide general election, defines and prohibits an act of shoplifting and prohibits prosecution for an act of shoplifting under any other law. Existing law defines shoplifting as entering a commercial establishment with intent to commit larceny while the establishment is open during regular business hours.This bill would revise the definition of shoplifting to require an intent to steal retail property or merchandise. This bill contains other related provisions and other existing laws. (Based on 03/18/2024 text)
Status: 03/21/2024 - April 2 hearing postponed by committee.
Calendar: 04/16/24 S-PUBLIC SAFETY 8:30 a.m. - 1021 O Street, Room 2200 WAHAB, AISHA, Chair SB 926 (Wahab) Crimes: distribution of intimate images. (Amended 03/20/2024) Link
Existing law defines certain acts as disorderly conduct, punishable as a misdemeanor. Under existing law, it is disorderly conduct to intentionally distribute or cause to be distributed the image of the intimate body part or parts of another identifiable person, or an image of the person depicted engaged in an act of sexual intercourse, sodomy, oral copulation, sexual penetration, or an image of masturbation by the person depicted or in which the person depicted participates, under circumstances in which the persons agree or understand that the image shall remain private, the person distributing the image knows or should know that distribution of the image will cause serious emotional distress, and the person depicted suffers that distress. This bill would additionally make it a misdemeanor to intentionally distribute or cause to be distributed an image created or altered through digitization depicting the intimate body part or parts of another identifiable person, or depicting the person depicted engaged in an act of sexual intercourse, sodomy, oral copulation, sexual penetration, or depicting masturbation by the person depicted or in which the person depicted participates, that the person distributing the image knows or should know that the person depicted did not consent to the distribution and that the distribution of the image will cause serious emotional distress, and the person depicted suffers that distress. (Based on 03/20/2024 text) Status: 03/21/2024 - Withdrawn from committee. Re-referred to Com. on RLS.
SB 982 (Wahab) Crimes: organized theft. (Amended 03/05/2024) Link
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34 Existing law, until January 1, 2026, makes a person guilty of organized retail theft, punishable as a misdemeanor or a felony, as specified, if the person acts in concert with one or more persons to steal merchandise from one or more merchant’s premises or online marketplaces with the intent to sell or return the merchandise for value, acts in concert with 2 or more persons to receive, purchase, or possess merchandise knowing or believing it to have been stolen, acts as an agent of another to steal merchandise from one or more merchant’s premises or online marketplaces as part of an organized plan to commit theft, or recruits, coordinates, organizes, supervises, directs, manages, or finances another to undertake acts of theft. This bill would extend the operation of the crime of organized retail theft indefinitely. By extending the operation of an existing crime, this bill would impose a state-mandated local program. This bill contains other related provisions and other existing laws. (Based on 03/05/2024 text)
Status: 03/12/2024 - From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 0.) (March 12). Re-referred to Com. on APPR.
SB 1381 (McGuire) Property crimes: regional property crimes task force. (Amended 03/20/2024) Link
Existing law, until January 1, 2026, requires the Department of the California Highway Patrol to coordinate with the Department of Justice to convene a regional property crimes task force to identify geographic areas experiencing increased levels of property crimes, including, among other property crimes, organized retail theft and vehicle burglary, and assist local law enforcement with resources, such as personnel and equipment. This bill would include the sale of stolen goods as a property crime to be considered in the identification of geographic areas experiencing increased levels of property crimes. (Based on 03/20/2024 text)
Status: 03/20/2024 - From committee with author's amendments. Read second time and amended. Re- referred to Com. on PUB S.
Revenue and Taxation
AB 2061 (Wilson) Sales and Use Tax: exemptions: zero-emission public transportation ferries. (Introduced 02/01/2024) Link
Existing sales and use tax laws impose a tax on retailers measured by the gross receipts from the sale of tangible personal property sold at retail in this state, or on the storage, use, or other consumption in this state of tangible personal property purchased from a retailer for storage, use, or other consumption in this state. Those laws provide various exemptions from those taxes. This bill, beginning January 1, 2025, and until January 1, 2030, would exempt from those taxes the gross receipts from the sale in this state of, and the storage, use, or other consumption in this state of, zero-emission public transportation ferries, as defined, sold to a public agency, as specified. This bill contains other related provisions and other existing laws. (Based on 02/01/2024 text)
Status: 03/11/2024 - In committee: Set, first hearing. Referred to REV. & TAX. suspense file.
AB 2274 (Dixon) Taxation: sales and use taxes: exemption: school supplies tax holiday. (Amended 03/21/2024) Link
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35 Existing sales and use tax laws impose taxes on retailers measured by the gross receipts from the sale of tangible personal property sold at retail in this state, or on the storage, use, or other consumption in this state of tangible personal property purchased from a retailer for storage, use, or other consumption in this state, and provides various exemptions from the taxes imposed by those laws. This bill, on and after January 1, 2025, and before January 1, 2030, would exempt from those taxes the gross receipts from the sale of, and the storage, use, or other consumption of, qualified school supplies, as defined, purchased during the first weekend in August, beginning at 12:01 a.m. on Saturday and ending at 11:59 p.m. on Sunday. This bill contains other related provisions and other existing laws. (Based on 03/21/2024 text) Status: 03/21/2024 - From committee chair, with author's amendments: Amend, and re-refer to Com. on REV. & TAX. Read second time and amended.
Calendar: 04/01/24 A-REVENUE AND TAXATION 2:30 p.m. - State Capitol, Room 126 IRWIN, JACQUI, Chair
AB 2482 (Papan) County treasurer: settlement of accounts. (Amended 03/21/2024) Link
Existing law requires a county treasurer to receive and keep safely all moneys belonging to the county and all other moneys directed by law to be paid to the county treasurer, and to apply and pay those moneys out, rendering the account as required by law. Existing law requires the county treasurer to settle the county treasurer’s accounts relating to the collection, care, and disbursement of public revenue with the auditor no less frequently than monthly. Existing law additionally requires the county treasurer, upon the request of the auditor, to provide a settlement of cash receipts and disbursements of the prior calendar month to the auditor on or before 10 business days after the treasurer receives the auditor’s request. This bill would instead require the treasurer, upon the request of the auditor, to provide a settlement of cash receipts and disbursements of the prior calendar month to the auditor on or before 12 business days after the treasurer receives the auditor’s request. (Based on 03/21/2024 text)
Status: 03/21/2024 - Referred to Com. on L. GOV. From committee chair, with author's amendments:
Amend, and re-refer to Com. on L. GOV. Read second time and amended.
AB 2616 (Lee) Personal income tax: mortgage interest deduction. (Introduced 02/14/2024) Link
The Personal Income Tax Law allows various deductions in computing the income that is subject to the taxes imposed by that law, including, in modified conformity with federal income tax laws, a deduction for a limited amount of interest paid on acquisition indebtedness, as defined, with respect to a qualified residence of the taxpayer. Existing law limits the aggregate amount treated as acquisition indebtedness for these purposes to $1,000,000, or $500,000 in the case of a married individual filing a separate return. Existing law specifies for these purposes that a qualified residence includes the taxpayer’s principal residence and one other residence selected by the taxpayer, as provided. This bill, for taxable years beginning on or after January 1, 2025, would disallow the deduction of acquisition indebtedness with respect to a qualified residence of a taxpayer other than the principal residence. This bill would require the Franchise Tax Board, in consultation with the Department of Finance, to estimate the amount of additional revenue resulting from the above-described modifications made with respect to the calculation of taxable income under the Personal Income Tax Law by this bill and to notify the Controller of that amount, as provided. This bill contains other related provisions and other existing laws. (Based on 02/14/2024 text)
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36 Status: 02/15/2024 - From printer. May be heard in committee March 16.
SB 1072 (Padilla) Local government: Proposition 218: remedies. (Introduced 02/12/2024) Link The California Constitution sets forth various requirements for the imposition of local taxes. The California Constitution excludes from classification as a tax assessments and property-related fees imposed in accordance with provisions of the California Constitution that establish requirements for those assessments and property-related fees. Under these requirements, an assessment is prohibited from being imposed on any parcel if it exceeds the reasonable cost of the proportional special benefit conferred on that parcel, and a fee or charge imposed on any parcel or person as an incident of property ownership is prohibited from exceeding the proportional cost of the service attributable to the parcel.
Existing law, known as the Proposition 218 Omnibus Implementation Act, prescribes specific procedures and parameters for local compliance with the requirements of the California Constitution for assessments and property-related fees. This bill would require, if a property-related fee or charge creates revenues in excess of the local government’s reasonable cost of providing the specific benefit or specific government service, that the excess revenues be used only to reduce the subsequently adopted and following property-related fee or charge. The bill would declare that this provision is declaratory of existing law. This bill contains other existing laws. (Based on 02/12/2024 text) Status: 02/21/2024 - Referred to Com. on L. GOV.
SB 1164 (Newman) Property taxation: new construction exclusion: accessory dwelling units. (Introduced 02/14/2024) Link
The California Constitution generally limits ad valorem taxes on real property to 1% of the full cash value of that property. For purposes of this limitation, “full cash value” is defined as the assessor’s valuation of real property as shown on the 1975–76 tax bill under “full cash value” or, thereafter, the appraised value of that real property when purchased, newly constructed, or a change in ownership has occurred.This bill would exclude from classification as “newly constructed” and “new construction” the construction of an accessory dwelling unit, as defined, until 15 years have passed since construction on the accessory dwelling unit was completed or there is a subsequent change in ownership of the accessory dwelling unit. The bill would require the property owner to, prior to or within 30 days of completion of the project, notify the assessor that the property owner intends to claim the exclusion for an accessory dwelling unit and submit an affidavit stating that the owner shall make a good faith effort to ensure the unit will be used as residential housing for the duration the owner receives the exclusion.
The bill would require the State Board of Equalization to prescribe the manner and form for claiming the exclusion and would require all additional documents necessary to support the exclusion to be filed by the property owner with the assessor not later than 6 months after the completion of the project.
Because this bill would require an affidavit by a property owner and a higher level of service from county assessors, it would impose a state-mandated local program. This bill contains other related provisions and other existing laws. (Based on 02/14/2024 text)
Status: 03/19/2024 - Set for hearing April 10.
Calendar: 04/10/24 S-REVENUE AND TAXATION 9:30 a.m. - 1021 O Street, Room 1200 GLAZER, STEVE, Chair
SB 1494 (Glazer) Local agencies: Sales and Use Tax: retailers. (Introduced 02/16/2024) Link
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37 The Bradley-Burns Uniform Local Sales and Use Tax Law authorizes counties and cities to impose a local sales and use tax in accordance with that law for tangible personal property sold at retail in the city or county, or purchased for storage, use, or other consumption in the city or county. That law requires the city or county to contract with the California Department of Tax and Fee Administration for the administration of the taxes and requires the department to transmit those taxes to the city or county.
That law provides that for the purpose of a local sales tax adopted pursuant to that law, all retail sales are consummated at the place of business of the retailer unless otherwise specified. Existing law prohibits a local agency, defined to mean all cities and counties, from entering into any form of agreement that would result, directly or indirectly, in the payment, transfer, diversion, or rebate of Bradley-Burns local tax revenues to any person, as defined, for any purpose, if the agreement results in a reduction in the amount of Bradley-Burns local tax revenues that, in the absence of the agreement, would be received by another local agency and the retailer continues to maintain a physical presence within the territorial jurisdiction of that other local agency, with specified exceptions. This bill would additionally prohibit, on or after January 1, 2024, a local agency from entering into, renewing, or extending any form of agreement that would result, directly or indirectly, in the payment, transfer, diversion, or rebate of Bradley-Burns local tax revenues to any retailer, as defined, in exchange for the retailer locating or continuing to maintain a place of business that serves as the place of sale, as defined, within the territorial jurisdiction of the local agency if that place of business would generate revenue, from the sale of tangible property delivered to and received by the purchaser in the territorial jurisdiction of another local agency, for the local agency under the Bradley-Burns Uniform Local Sales and Use Tax Law. The bill would make those forms of agreements existing before January 1, 2024, void and unenforceable on January 1, 2030. The bill would require a local agency to post those forms of agreements existing before January 1, 2024, on the local agency’s internet website until the form of agreement expires or is made void and unenforceable by these provisions. The bill would make related findings and declarations. This bill contains other related provisions and other existing laws. (Based on 02/16/2024 text)
Status: 03/15/2024 - Set for hearing April 3.
Calendar: 04/03/24 S-LOCAL GOVERNMENT 9:30 a.m. - 1021 O Street, Room 2200 DURAZO, MARIA ELENA, Chair
Transportation and Public Works
AB 1837 (Papan) San Francisco Bay area: public transit: Regional Network Management Council. (Amended 03/21/2024) Link
Existing law creates the Metropolitan Transportation Commission as a local area planning agency for the 9-county San Francisco Bay area with comprehensive regional transportation planning and other related responsibilities. Existing law creates various transit districts located in the San Francisco Bay area, with specified powers and duties relating to providing public transit services. Existing law requires the commission to adopt rules and regulations to promote the coordination of fares and schedules for all public transit systems within its jurisdiction, as specified. This bill would create the Regional Network Management Council as an 11-member council to represent the interests of its stakeholders, to provide leadership and critical input on regional transit policies, and to provide executive guidance on regional transit policies and actionable implementation plans in pursuit of transformative improvements in the
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38 customer experience San Francisco Bay area transit. The bill would require the commission to facilitate the creation of the council. By requiring the commission to facilitate the creation of the council, and requiring certain employees of specified local agencies to serve on the council, the bill would impose a state-mandated local program. (Based on 03/21/2024 text) Status: 03/21/2024 - Referred to Com. on TRANS. From committee chair, with author's amendments:
Amend, and re-refer to Com. on TRANS. Read second time and amended.
AB 1890 (Patterson, Joe) Public works: prevailing wage. (Introduced 01/22/2024) Link
Existing law defines the term “public works” for the purposes of requirements regarding the payment of prevailing wages, the regulation of working hours, and the securing of workers’ compensation for public works projects. Existing law requires an entity awarding a public works contract, as specified, to provide notice to the Department of Industrial Relations. Existing law requires civil penalties to be imposed on an entity that fails to provide that required notice and authorizes the Labor Commissioner to issue a citation for civil penalties to an entity that fails to provide the required notice. This bill would additionally require the awarding body to provide notice to the department if there is a change in the identity of a contractor or subcontractor performing the project or, within 30 days, if the total amount of the contract change exceeds $10,000. By creating new notification requirements for public agencies, this bill would impose a state-mandated local program. This bill contains other related provisions and other existing laws. (Based on 01/22/2024 text)
Status: 03/14/2024 - Coauthors revised. From committee: Do pass and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 7. Noes 0.) (March 13). Re-referred to Com. on APPR.
AB 2037 (Papan) Weights and measures: electric vehicle chargers. (Amended 03/14/2024) Link
Existing law regulates advertising that indicates the price of motor vehicle fuel, including electricity sold as a motor vehicle fuel. Existing law requires a county sealer to enforce the advertising requirements.
Existing law makes a violation of these provisions a crime. Existing law defines “correct,” for purposes of testing and verifying the accuracy of a weighing or measuring device, as a weight or measure or a weighing, measuring, or counting instrument that meets certain tolerance and specification requirements. This bill would authorize a county sealer to test and verify as correct any electric vehicle charger operated by a public agency, as defined, that is located in the county in which the sealer has jurisdiction. The bill would require a county sealer to condemn and seize, or cause to be marked with a tag or other device with the words “out of order,” an incorrect, as defined, electronic vehicle charger operated by a public agency, as specified. The bill would authorize a county board of supervisors to charge an annual registration fee for the cost of inspecting and testing an electric vehicle charger operated by a public agency, as specified. The bill would authorize a county sealer to levy a civil penalty against a public agency, or an employee or agent thereof, that removes or obliterates a tag or device placed on an electric vehicle charger operated by a public agency, as specified. This bill contains other related provisions and other existing laws. (Based on 03/14/2024 text) Status: 03/18/2024 - Re-referred to Com. on APPR.
AB 2234 (Boerner) Vehicles: electric bicycles. (Introduced 02/08/2024) Link
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39 Existing law requires the Department of the California Highway Patrol to develop, on or before September 1, 2023, statewide safety and training programs based on evidence-based practices for users of electric bicycles, as defined, including, but not limited to, general electric bicycle riding safety, emergency maneuver skills, rules of the road, and laws pertaining to electric bicycles. Existing law requires the safety and training programs to be developed in collaboration with relevant stakeholders and to be posted on the department’s internet website. This bill would require the department, on or before June 30, 2025, to issue a skills waiver containing specific information, in an electronic format, to each person who completes the electric bicycle safety and training programs described above. The bill would state the intent of the Legislature to create a diversion program, comprised of traffic safety training and community service, for a person who is cited for a traffic violation while operating an electric bicycle. This bill contains other related provisions and other existing laws. (Based on 02/08/2024 text)
Status: 02/26/2024 - Referred to Com. on TRANS.
Calendar: 04/08/24 A-TRANSPORTATION 2:30 p.m. - 1021 O Street, Room 1100 WILSON, LORI, Chair AB 2427 (McCarty) Electric vehicle charging stations: permitting: curbside charging. (Introduced 02/13/2024) Link
Existing law creates the Governor’s Office of Business and Economic Development, known as “GO-Biz,” and requires GO-Biz to serve the Governor as the lead entity for economic strategy and the marketing of California on issues relating to business development, private sector investment, and economic growth.
Existing law continues into existence the zero-emission vehicle (ZEV) division within GO-Biz as the Zero- Emission Vehicle Market Development Office. Existing law references GO-Biz’s Electric Vehicle Charging Station Permitting Guidebook, which recommends best practices for electric vehicle supply equipment permitting. This bill would require the office to develop a model permitting checklist, model zoning ordinances, and best practices for permit costs and permit review timelines to help local governments permit curbside charging stations as part of the office’s development of the Electric Vehicle Charging Station Permitting Guidebook or any subsequent updates. The bill would also require the office to consult with local governments, electric vehicle service providers, and utilities while developing the above-described materials. This bill contains other related provisions and other existing laws. (Based on 02/13/2024 text)
Status: 03/04/2024 - Referred to Coms. on L. GOV. and TRANS.
Calendar: 04/10/24 A-LOCAL GOVERNMENT 1:30 p.m. - State Capitol, Room 447 CARRILLO, JUAN, Chair AB 2744 (McCarty) Vehicles: pedestrian, bicycle, and vehicle safety. (Introduced 02/15/2024) Link
Existing law authorizes the legislative body of a city to do any and all things necessary to lay out, acquire, and construct a section or portion of a street or highway within its jurisdiction as a freeway and to make an existing street or highway a freeway. Existing law authorizes a legislative body of a city, whenever this legislative body determines that it is necessary for the more efficient maintenance, construction, or repair of streets and roads within the city, to contract with the board of supervisors of any county for the rental of the county’s equipment, as specified. This bill would, beginning on January 1, 2025, prohibit the addition of a right-turn or travel lane within 20 feet of a marked or unmarked crosswalk where there is not already a dedicated and marked right-turn or travel lane, and would prohibit vehicles from using
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40 this 20-foot area for right turns unless the area is already marked as a dedicated right-turn lane before January 1, 2025. This bill contains other related provisions and other existing laws. (Based on 02/15/2024 text)
Status: 03/04/2024 - Referred to Com. on TRANS.
Calendar: 04/15/24 A-TRANSPORTATION 2:30 p.m. - 1021 O Street, Room 1100 WILSON, LORI, Chair AB 2813 (Aguiar-Curry) Government Investment Act. (Introduced 02/15/2024) Link Existing law, known as the Proposition 218 Omnibus Implementation Act, defines various terms and prescribes procedures and parameters for local jurisdictions to comply with specified provisions of the California Constitution. The Legislature adopted ACA 1 at the 2023–24 Regular Session of the Legislature, which, if approved by the voters, would amend and add provisions of the California Constitution to (1) create an additional exception to the 1% limit on the ad valorem tax rate on real property by authorizing a local jurisdiction to levy an ad valorem tax to service bonded indebtedness incurred to fund the construction, reconstruction, rehabilitation, or replacement of public infrastructure, affordable housing, or permanent supportive housing, if the proposition proposing that tax is approved by 55% of the voters in that local jurisdiction; and (2) authorize a local jurisdiction to impose, extend, or increase a sales and use tax to fund the construction, reconstruction, rehabilitation, or replacement of public infrastructure, affordable housing, or permanent supportive housing, if the proposition proposing that tax is approved by 55% of the voters in that local jurisdiction. Pursuant to the existing law described above, ACA 1 is scheduled to appear on the ballot at the November 5, 2024, statewide general election.
This bill would authorize a local government that imposes a tax under ACA 1 to commit revenues to affordable housing programs, including downpayment assistance, first-time home buyer programs, and owner-occupied affordable housing rehabilitation programs. The bill would require a local government to ensure that any project that is funded with ACA 1 bonded indebtedness or ACA 1 special taxes to have an estimated useful life of at least 15 years or 5 years if the funds are for specified public safety buildings, facilities, and equipment. The bill would specify that a local government may commit revenues derived from ACA 1 bonded indebtedness or an ACA 1 special tax to projects or programs administered by a nonprofit organization for affordable housing or permanent supportive housing purposes. This bill contains other related provisions and other existing laws. (Based on 02/15/2024 text) Status: 02/16/2024 - From printer. May be heard in committee March 17.
SB 768 (Caballero) California Environmental Quality Act: State Air Resources Board: vehicle miles traveled: study. (Amended 01/11/2024) Link
The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of an environmental impact report (EIR) on a project that it proposes to carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if it finds that the project will not have that effect. CEQA also requires a lead agency to prepare a mitigated negative declaration for a project that may have a significant effect on the environment if revisions in the project would avoid or mitigate that effect and there is no substantial evidence that the project, as revised, would have a significant effect on the environment. Existing law requires the Office of Planning and Research to prepare, develop, and transmit to the Secretary of the Natural Resources Agency for certification and adoption proposed revisions to guidelines establishing criteria for determining the significance of transportation impacts of projects within transit priority areas
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41 to promote the reduction of greenhouse gas emissions, the development of multimodal transportation networks, and a diversity of land uses. Existing law creates the State Air Resources Board as the state agency charged with coordinating efforts to attain and maintain ambient air quality standards, to conduct research into the causes of and solution to air pollution, and to systematically attack the serious problem caused by motor vehicles, which is the major source of air pollution in many areas of the state.
Existing law authorizes the state board to do those acts as may be necessary for the proper execution of the powers and duties granted to, and imposed upon, the state board. This bill would require the state board, by January 1, 2026, to conduct and submit to the Legislature a study on how vehicle miles traveled is used as a metric for measuring transportation impacts pursuant to CEQA, as specified. This bill contains other existing laws. (Based on 01/11/2024 text) Status: 01/29/2024 - Read third time. Passed. (Ayes 34. Noes 4.) Ordered to the Assembly. In Assembly.
Read first time. Held at Desk.
SB 915 (Cortese) Local government: autonomous vehicles. (Introduced 01/09/2024) Link
Existing law authorizes an autonomous vehicle, as defined, to be operated on public roads for testing purposes by a driver who possesses the proper class of license for the type of vehicle being operated if certain requirements are met, including that the vehicle is being operated solely by employees, contractors, or other persons designated by the manufacturer. Existing law prohibits an autonomous vehicle from being operated on public roads until the manufacturer submits an application to the Department of Motor Vehicles containing certain certifications regarding safety and other technological requirements and the department approves that application pursuant to adopted regulations. Existing law, commencing January 1, 2030, and to the extent authorized by federal law, prohibits the operation of certain new autonomous vehicles that are not zero-emission vehicles, as defined. This bill would prohibit an autonomous vehicle service, which has received approval to conduct commercial passenger service or engage in commercial activity using driverless vehicles by the Department of Motor Vehicles, the Public Utilities Commission, or another state agency, from commencing operation within a local jurisdiction until authorized by a local ordinance enacted pursuant to the bill’s provisions. The bill would authorize each city, county, or city and county in which an autonomous vehicle has received authorization to operate, to protect the public health, safety, and welfare by adopting an ordinance or resolution in regard to autonomous vehicle services within that jurisdiction. The bill would require each city, county, or city and county that adopts an ordinance or resolution to include certain provisions within that ordinance or resolution. These would include a policy for entry into the business of providing autonomous vehicle services including a permitting program, the establishment of reasonable vehicle caps and hours of service restrictions, and the establishment of an interoperability or override system accessible by first responders in case of an emergency. This bill contains other related provisions and other existing laws. (Based on 01/09/2024 text)
Status: 03/15/2024 - Set for hearing April 3.
Calendar: 04/03/24 S-LOCAL GOVERNMENT 9:30 a.m. - 1021 O Street, Room 2200 DURAZO, MARIA ELENA, Chair
Notes: Cal Cities Sponsored
SB 925 (Wiener) Legislative review of state agency action. (Amended 03/20/2024) Link
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42 Existing law requires a state agency, as specified, to notify the Joint Legislative Budget Committee not less than 60 days prior to the effective date on which the state agency will establish or change a federal aid allocation formula to a local agency. If the chairperson of the committee informs committee members of the chairperson’s intention to waive the 60-day notification period, existing law permits the chairperson to grant a waiver of that notification period after receipt of the notification if an objection is not received within 10 days. Existing law requires, upon the request of the chairperson or any member of the committee, the committee to schedule a hearing on the proposed allocation formula to be established or changed. This bill would reduce the objection period before granting a waiver to 9 days. (Based on 03/20/2024 text)
Status: 03/20/2024 - From committee with author's amendments. Read second time and amended. Re- referred to Com. on RLS.
SB 955 (Seyarto) Office of Planning and Research: Infrastructure Gap-Fund Program. (Amended 03/19/2024) Link
Existing law establishes the Office of Planning and Research in the Governor’s office for the purpose of serving the Governor and the Governor’s cabinet as staff for long-range planning and research and constituting the comprehensive state planning agency. Existing law authorizes a local agency to finance infrastructure projects through various means, including by establishing an enhanced infrastructure financing district to finance public capital facilities or other specified projects of communitywide significance that provide significant benefits to the district or the surrounding community. This bill would require the office, upon appropriation by the Legislature, to establish the Infrastructure Gap-Fund Program to provide grants to local agencies to develop and construct infrastructure projects, as defined.
The bill would authorize the office to provide funding for up to 20% of a project’s total cost, as specified.
The bill would require the office to develop guidelines and criteria to implement the program. The bill would make these provisions operative January 1, 2027. (Based on 03/19/2024 text) Status: 03/19/2024 - From committee with author's amendments. Read second time and amended. Re- referred to Com. on L. GOV.
Calendar: 04/03/24 S-LOCAL GOVERNMENT 9:30 a.m. - 1021 O Street, Room 2200 DURAZO, MARIA ELENA, Chair
SB 1031 (Wiener) San Francisco Bay area: local revenue measure: transportation improvements. (Amended 03/18/2024) Link
(1)Existing law creates the Metropolitan Transportation Commission as a local area planning agency for the 9-county San Francisco Bay area with comprehensive regional transportation planning and other related responsibilities. Existing law creates various transit districts located in the San Francisco Bay area, with specified powers and duties relating to providing public transit services. This bill would authorize the commission to raise and allocate new revenue and incur and issue bonds and other indebtedness, as specified. In this regard, the bill would authorize the commission to impose a retail transactions and use tax, a regional payroll tax, a parcel tax, and a regional vehicle registration surcharge in all or a subset of the 9 counties of the San Francisco Bay area, in accordance with applicable constitutional requirements. The bill would require the parcel tax to be collected by counties and the other 3 taxes to be collected by specified state agencies, and would require the net revenues from those taxes to be remitted to the commission, as prescribed. The bill would require the revenue generated
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43 pursuant to these provisions to be used for transportation improvements in the San Francisco Bay area, including for various transit purposes, and would require the commission to distribute those revenues in accordance with specified requirements and expressions of legislative intent. By adding to the duties of local officials with respect to elections procedures for revenue measures on behalf of the commission, this bill would impose a state-mandated local program. (2)Existing law establishes the Transportation Agency, consisting of various state agencies under the supervision of an executive officer known as the Secretary of Transportation, who is required to develop and report to the Governor on legislative, budgetary, and administrative programs to accomplish comprehensive, long-range, and coordinated planning and policy formulation in the matters of public interest related to the agency. This bill would require the Transportation Agency to select a transportation institute, as defined, to conduct an assessment of the associated advantages and disadvantages of consolidating all of the transit agencies, as defined, that are located in the 9-county San Francisco Bay area, as specified. The bill would require that assessment to be completed on or before January 1, 2026, and would require, as part of that assessment, the transportation institute to provide recommendations on how to consolidate those transit agencies and to include certain information in the assessment. Based on the findings of the assessment, the bill would require the Transportation Agency, on or before January 1, 2027, to recommend a comprehensive plan to consolidate all of the transit agencies located in the San Francisco Bay area, as provided. The bill would establish the Bay Area Transit Consolidation Technical Assistance Fund in the State Treasury for the deposit of moneys that can be used for specified purposes, including paying for the cost of conducting the assessment and preparing the comprehensive plan, as specified.
The bill would require the assessment and the comprehensive plan to be submitted to the Legislature upon completion. (3)Existing law requires the Metropolitan Transportation Commission to adopt rules and regulations to promote the coordination of fares and schedules for all public transit systems within its jurisdiction, as specified.This bill would revise and recast this provision by, among other things, providing that the commission is responsible for implementing a seamless transit rider experience across the San Francisco Bay area and requiring those rules and regulations to also promote the coordination of mapping and wayfinding, real-time transit information, and other customer-facing operating policies, as specified. The bill would also declare that it is intent of the Legislature that the commission implement and sustain specified outcomes in undertaking these responsibilities. The bill would require the commission to submit an annual report to the Legislature on the status of those outcomes and the status of transit ridership in the San Francisco Bay area. By imposing additional duties on the commission, the bill would create a state-mandated local program. (4)Under existing law, a transit operator within the jurisdiction of the commission is not eligible to receive funding allocated by the commission pursuant to the State Transit Assistance Program unless it has complied with the above- described rules and regulations adopted by the commission.This bill would also make a transit operator ineligible to receive an allocation from the commission of the revenues generated by the new taxing authority authorized by the bill or to make a claim pursuant to the Transportation Development Act for an allocation of funds from a local transportation fund if the operator is not in compliance with those rules and regulations. (5)Existing law authorizes the commission and the Bay Area Air Quality Management District to jointly adopt a commute benefit ordinance that requires covered employers operating within the common area of the 2 agencies with a specified number of covered employees to offer those employees certain commute benefits, as specified.This bill would also authorize one of those commute benefit options to include an employer-provided regional transit pass.This bill would authorize the commission, as part of a measure to impose a tax described above, to propose a ballot measure that would require a covered employer that is located in proximity to transit to purchase a regional transit pass for each of its employees and to require a covered employer that is not located in proximity to transit to provide a subsidy to each of its employees corresponding in financial value to the regional transit pass, as specified. If the ballot measure is approved by the voters, the bill would require the commission and the district to update the ordinance accordingly. (6)The California Constitution requires
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44 the state to reimburse local agencies and school districts for certain costs mandated by the state.
Statutory provisions establish procedures for making that reimbursement.This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above. (Based on 03/18/2024 text)
Status: 03/18/2024 - From committee with author's amendments. Read second time and amended. Re- referred to Com. on RLS.
SB 1393 (Niello) Advanced Clean Fleets Regulation Appeals Advisory Committee. (Introduced 02/16/2024) Link
Existing law requires the State Air Resources Board to adopt and implement motor vehicle emission standards, in-use performance standards, and motor vehicle fuel specifications for the control of air contaminants and sources of air pollution that the state board has found necessary, cost effective, and technologically feasible. The California Global Warming Solutions Act of 2006 establishes the state board as the state agency responsible for monitoring and regulating sources emitting greenhouse gases and requires the state board to adopt rules and regulations to achieve the maximum technologically feasible and cost-effective greenhouse gas emission reductions from those sources. Pursuant to its authority, the state board has adopted the Advanced Clean Fleets Regulation, which imposes various requirements for transitioning local, state, and federal government fleets of medium- and heavy-duty trucks, other high- priority fleets of medium- and heavy-duty trucks, and drayage trucks to zero-emission vehicles. The Advanced Clean Fleets Regulation authorizes entities subject to the regulation to apply for exemptions from its requirements under certain circumstances. This bill would require the state board to establish the Advanced Clean Fleets Regulation Appeals Advisory Committee by an unspecified date for purposes of reviewing appeals of denied requests for exemptions from the requirements of the Advanced Clean Fleets Regulation. The bill would require the committee to include representatives of specified state agencies, other state and local government representatives, and representatives of private fleet owners, the electric vehicle manufacturing industry, and electrical corporations, as provided. The bill would require the committee to meet monthly and would require recordings of its meetings to be made publicly available on the state board’s internet website. The bill would require the committee to consider, and make a recommendation on, an appeal of an exemption request denial no later than 60 days after the appeal is made. The bill would require specified information relating to the committee’s consideration of an appeal to be made publicly available on the state board’s internet website. The bill would require the state board to consider a recommendation of the committee at a public meeting no later than 60 days after the recommendation is made. This bill contains other existing laws. (Based on 02/16/2024 text)
Status: 03/08/2024 - Set for hearing April 3.
Calendar: 04/03/24 S-ENVIRONMENTAL QUALITY 9 a.m. - 1021 O Street, Room 1200 ALLEN, BENJAMIN, Chair
Water and Wastewater
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45 SB 1110 (Ashby) Urban retail water suppliers: informational order: conservation order. (Introduced 02/13/2024) Link
Existing law authorizes the State Water Resources Control Board, on and after January 1, 2024, to issue informational orders pertaining to water production, water use, and water conservation to an urban retail water supplier that does not meet its urban water use objective. Existing law requires the board to consider certain information in determining whether to issue an informational order.This bill would require the board to additionally consider lower cost actions the water supplier has implemented or will implement in order to help the water supplier achieve overall water supply resiliency in determining whether to issue an informational order. This bill contains other related provisions and other existing laws. (Based on 02/13/2024 text)
Status: 02/21/2024 - Referred to Com. on N.R. & W.
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MINUTE ORDER
No. 1954
OFFICE OF THE CITY CLERK
FOSTER CITY, CALIFORNIA
Date: December 19, 2023
Attention: City Council/ EMID Board
Stefan Chatwin, City/ District Manager
Marlene Subhashini, Assistant City/ District Manager
City Council/ EMID Board of Directors Meeting Date: December 18, 2023 Subject: 2024 State Legislative Platform and Policy
Motion by Councilmember Froomin, seconded by Councilmember Kiesel, and carried unanimously, 5-0-0, IT WAS ORDERED to direct staff to approve the 2024 State Legislative Platform and Policy ( attached) with amendments to section “ Land Use Planning and Housing”, item 2 to say “ Support housing measures that promote the preservation of existing affordable housing and development of new affordable housing while monitoring and evaluating measures which will impact local decision -making authority.”
CITY CLERK/ DISTRICT SECRETARY
DocuSign Envelope ID: C2723745- 0E00- 4539- 9EE9- 8F64A11E4177
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1 CITY OF FOSTER CITY
LEGISLATIVE PLATFORM
PURPOSE
Foster City’s State Legislative Platform affirms the City Council’s position on current issues with the potential to directly or indirectly impact the City. The Legislative Platform is a guiding document that the City will continue to work with constituents, legislative consultants, and elected representatives to promote and preserve the City’s interest at the State level.
In advance of each new legislative session – or each year should Council request, the City Council will consider modifying its platform by taking into consideration emerging and ongoing legislative trends, issues emerging locally that may require state policy reforms, Council’s annual strategic goals and priorities, or other factors deemed appropriate by the City to ensure its policy statements reflect the direction of the Council.
Below are the Guiding Principles and Policy Statements that will allow City staff to address legislative and regulatory issues in a timely manner, without precluding the consideration of additional legislative and budget issues that may arise during the legislative session.
GUIDING PRINCIPLES
I. STRATEGIC PRIORITIES
Support measures that enhance the ability for Council to achieve its strategic goals and priorities. Monitor legislation that seeks to undermine the ability for Council to implement its vision and mission for the City of Foster City both in the near term and the future.
II. RETAIN LOCAL DECISION MAKING
Preserve and protect the City’s powers, duties, and prerogatives to enact local legislation and policy direction concerning local affairs and monitor legislation that preempts local decision- making authority.
III. PROMOTE FISCAL STABILITY
Support measures that promote fiscal stability, predictability, financial independence, and preserve the City’s revenue base. Support legislation that maintains or increases local decision- making authority and actions over local
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2 government budgeting. Oppose measures that divert or eliminate local funds or create unfunded mandates/ mandated costs with no guarantee of local reimbursement or offsetting benefits.
IV. SUPPORT FUNDING OPPORTUNITIES
Support opportunities that allow the City to compete for its fair share of regional, state, and federal funding. Support funding for programs that benefit air quality, water quality, affordable housing, public safety, and public health.
LEGISLATIVE PLATFORM STATEMENTS
City Administration
1. Support legislation that promotes efforts to advance Diversity, Equity, and Inclusion ( DEI) organizational practices, policies, and procedures.
2. Support legislation that facilitates the ability of local government to share resources to increase efficiencies and decrease costs, including local efforts to address regional management of fire services.
3. Oppose legislation and ballot propositions that create new unfunded mandates to local governments and taxpayers or cause negative fiscal impact that affect local tax allocations or limit the ability of local governments to increase revenues.
4. Support long- term statutory solutions to adequately reimburse cities from the Vehicle License Fee ( VLF) Swap of 2004 as well as short -term, temporary adjustments, and oppose attempts from the state of California that aim to claw back VLF revenues.
5. Oppose measures that reduce local decision- making authority over employee relations issues, including service contracting, or mandating new or enhanced local government employee benefits.
6. Support efforts to maintain fiscal solvency with respect to unfunded pension and retiree healthcare liability. Support efforts that decrease local costs.
Governmental Transparency and Public Access
1. Support legislation that balances increased public trust, increased civil and respectful civic participation and engagement, and access to public meetings while realizing the fiscal and operational constraints of local government.
2. Support legislation that would increase civil and respectful civic participation and engagement, including the continued allowance of legislative subcommittees, advisory committees, and commissions to participate virtually ( post COVID- 19 State of Emergency) without physical location posting requirements under the Ralph M. Brown Act.
3. Monitor and evaluate state proposals that create new mandates under the California Public Records Act without state reimbursement provisions.
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3 Economic Development
1. Support policies, projects, programs, and regulations for diversifying Foster City’s primary economic base and facilitating investment that will result in strengthening local jobs and creating an environment that is attractive to current and emerging industries.
2. Support efforts to provide funding mechanisms and economic development tools including infrastructure investment, housing, and economic development.
3. Support economic development initiatives that preserve and enhance a positive business climate. Support measures that strengthen and diversify the local business tax base.
4. Support policies, programs, and regulations that allow for the continued disbursement of sales and use taxes which enhance and/ or maintain the financial needs of Foster City.
Sustainability
1. Support legislation that provides funding opportunities for the City, for public transportation, housing, and economic development.
2. Support continued funding and incentives to local agencies to improve air quality through the reduction of greenhouse gas emissions, and use of clean energy and technology.
3. Support policies, guidelines, incentives, and funding for programs that benefits air quality, water quality, infrastructure, and public health.
4. Support policies and funding measures to increase access and promote increased electrification and Electric Vehicle ( EV) Charging infrastructure in Foster City.
5. Support legislation that promotes Peninsula Clean Energy ( PCE) and locally run Community Choice Aggregators ( CCA) across California.
Hazard Mitigation
1. Support programs which provide funding for hazard mitigation projects, such as flood protection measures, including those identified in the FEMA- approved Local Hazard Mitigation Plan.
2. Support funding of state efforts to update and prepare earthquake hazard mapping.
Solid Waste and Recycling
1. Support measures that maintain and/ or enhance local authority and flexibility to regulate solid waste and recyclables.
2. Support measures that promote procurement and market development of cost- effective recyclable and recycled materials.
3. Support legislation that facilitates development of local and regional recycling and composting facilities that results in increasing diversion of waste toward recycling,
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4 composting, and reuse.
Water Supply
1. Support and monitor legislation that would increase the availability of water supply and drought relief measures as well as increased funding for, water conservation, water reuse technologies, water recycling, local water storage, and other water supply technologies.
2. Support legislation or regulatory efforts that reflect the realities of persistent drought conditions and impacts associated with reduced water supply in support of meeting state mandated Regional Housing Needs Assessment ( RHNA) targets.
Land Use Planning and Housing
1. Support efforts to strengthen the legal and fiscal capability of Foster City to prepare, adopt, and implement plans for orderly growth, development, beautification, and conservation of local planning areas.
2. Support housing measures that promote the preservation of existing affordable housing and development of new affordable housing. Monitor and evaluate measures which will impact local decision- making authority.
3. Support affordable housing funding opportunities that are made available to Foster City through statewide bond and grant efforts.
4. Monitor and evaluate measures which would undermine local land use and zoning regulations and the planning vision of Foster City that has detrimental public health and safety impacts on the community.
5. Support measures which meet the State’s planning goals in a collaborative manner with Foster City, ensuring communities evolve in a manner that reflects the will of our residents while protecting the public’s health, safety, and welfare.
6. Support all efforts to create efficiencies within CEQA while supporting local discretion and planning efforts to limit delays.
7. Support legislation that prevents CEQA lawsuits from being filed for any reason other than a bonafide environmental impact.
Parks, Open Space, and Recreation
1. Support legislation and funding opportunities ( e.g., federal and state park grant funds, conservancy grant funds, project mitigation funds, etc.) that helps cities build better, stronger communities by providing funding to improve air, water, parks, open space, natural resources, historic preservation, and arts and cultural resources.
2. Support legislation that seeks to preserve and enhance parks, open space, and recreational amenities within Foster City.
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5 Public Safety
1. Support legislation that strengthens community- oriented public safety policies.
2. Support legislation that strengthens local law enforcement ’s ability to prevent and fight crime, including funding to increase staffing, and procuring equipment and crime prevention tools to maintain public safety.
3. Support legislation that would deter and reduce repeat drug, organized retail, and property crime offenses.
Fire and Emergency Medical Services
1. Support local control of emergency medical services and ambulance services, including pre- hospital care and transport.
2. Monitor and evaluate legislation that reduces building and fire code standards aimed at protecting the health and safety of our residents.
Transportation
1. Support legislation that would maximize the effectiveness of funding for local transportation projects throughout the City where appropriate, including programs that facilitate transit- oriented development and enhanced pedestrian safety.
2. Support measures that allow for dedicated transportation- related tax revenues and ability of local agencies to finance local transportation programs and projects while protecting local transportation dollars from getting diverted or eliminated by the state.
3. Support joint planning efforts and projects with Foster City’s neighboring cities on traffic congestion relief projects.
4. Oppose efforts to raise Bay Area bridge tolls through state legislative proposals.
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6 LEGISLATIVE POLICY
In alignment with City Council approved annually adopted strategic priorities, the intent of the Legislative Policy is to codify a process that allows the City to have quick and sustained engagement on legislative issues important to the City.
The City Manager or designee will identify and inform Council on proposed legislation and other policy- related matters that may have a direct and significant impact on the city’s fiscal, operational, and environmental health, and the overall quality of life enjoyed by Foster City residents and other stakeholders.
This policy is not intended to limit the prerogative of individual Councilmembers from expressing their individual support for or opposition to any Local measure, or State proposition, State or Federal legislation, or grassroots advocacy actions. However, in doing so, the member should clearly state that they are speaking for themselves, not on behalf of the Council or the City.
Position Adoption
In consultation with the City staff, the City Manager or designee shall be permitted to exercise discretion to adopt a formal legislative position without taking items to the full Council so long as the proposed position is clearly in alignment with the Council adopted Legislative Platform.
In the case where a pending state legislative proposal falls outside of the scope of the approved Legislative Platform or if there is any ambiguity, that item will be placed on a future Council meeting agenda for review and consideration by the full Council.
Legislative Positions
The City’s legislative positions, as further defined below, may be supported with additional advocacy efforts, including but not limited to:
Position letters, including updating said letters as legislation is amended and/ or advances through the process, fact sheets, and other legislative advocacy support materials.
Preparing staff and councilmember testimony to legislative committees and other legislative and regulatory bodies; and
In person meetings and phone calls with members of legislative and regulatory agencies.
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7 Possible positions that can be adopted on legislation include:
Support – A support position indicates to the legislature, regulatory agencies, and other stakeholders, that Foster City is in favor of the legislation in question.
Support if Amended – A support if amended position indicates to the corresponding legislature, regulatory agencies, and other stakeholders, that Foster City is in favor of the legislation in question, if the requested changes are adopted.
Oppose – An oppose position indicates to the legislature, regulatory agency, and other stakeholders, that Foster City is against the legislation in question.
Oppose Unless Amended – An oppose unless amended position indicates to the legislature, regulatory agencies, and other stakeholders, that Foster City is against the legislation in question, unless the requested changes are adopted.
Neutral – A neutral position indicates to the corresponding legislature, regulatory agencies, and other stakeholders, that Foster City is impartial on the legislation in question and does not wish to take a position or has formally removed their prior adopted position due to changes being made to the legislation or proposa l.
Monitor and Evaluate ( Watch) – Monitor and Evaluate is an internal position which indicates that the City of Foster City is monitoring and evaluating the legislation to assess technical and/ or compliance issues without taking a formal position ( as indicated above). Prior to the City adopting a formal position, the City can use this position to engage with legislators and provide technical feedback and even attempt to secure amendments to address clarifying issues. Should the City choose to adopt a formal position as the legislative process progresses, staff will bring forward the item and recommend a position for Council’s consideration.
Council Communication
In order to ensure that the full Council is apprised of the City’s position, the City Manager or designee shall notify the Council of an adopted legislative position. Furthermore, the City’s legislative consultant and/ or staff shall provide monthly state legislative tracking documents outlining priority legislation, status, and the City’s position if one has been adopted. The City’s legislative consultant and/ or City staff shall provide monthly written updates to the full Council during key state legislative deadlines throughout each year.
These updates are in addition to the comprehensive end -of-year report that is provided to the City.
Should Council review the list of positioned bills and wish to change its position, that item will be scheduled for discussion at a duly noticed public meeting. Following the meeting, a formal letter may be drafted and submitted to the relevant legislative policy committee to reflect the change in - or the removal of - a policy position.
In addition, City staff along with its legislative consultants commit to providing formal legislative updates to the Council during a regularly scheduled Council meeting at least three ( 3) times a year. These updates may include discussion on bills that are under
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8 monitor and evaluate’ status where staff is recommending that the Council adopt a formal position.
Using the approved Legislative Platform as a guide, the Legislative Policy outlines the formal process for responding to legislative proposals in a streamlined manner as follows:
1. Once a determination is made that a legislative proposal may impact the City based on the Council- adopted Legislative Platform, a letter outlining the City’s position ( support, support if amended, oppose, oppose unless amended) will be drafted for the Mayor’s signature.
2. If the Mayor is unavailable and when time is of the essence, the Vice Mayor will sign the position letter.
3. If a legislative issue is not addressed in the adopted Legislative Platform but impacts the City, staff will place the matter on a City Council meeting agenda for consideration.
4. The position letter will be sent to the bill’s author, the City’s legislative representatives, League of California Cities ( CalCities), and other stakeholders as deemed appropriate.
5. A copy of the final letter will be transmitted to the full City Council from the City Manager’s Office.
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Prepared Date 3/5/2024 City of Foster City, CA
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