While Intoxicated) in the past seven (7) years
c. Speak, write, and read English fluently
d. Successfully pass background checks annually which include social security number verification, no sex offender, no government restricted lists, no county, state and federal court records, no criminal misdemeanor co nvictions within the past three (3) years related to the possession, sale or use of illegal drugs, and verification of past living history or other available public records.
5. RideCo, through its Transportation Operations Provider, will regularly screen dri vers for legal and illegal substances via an independent medical agency in accordance with the U.S.
Department of Transportation regulations.
6. RideCo, through its Transportation Operations Provider, will train drivers focused on customer service including the ability to:
a. Handle inquiries and/or complaints
b. Develop rapport and the ability to respond to an individual’s needs c. How to handle doubt, misunderstandings and objections
7. RideCo, through its Transportation Operations Provider, will provide road drive r training to include:
a. Vehicle Familiarization Training
b. Tech Applications
c. Vehicle Inspection Training
d. Onsite Local Knowledge and Culture Training
e. On Demand Route Training
f. Maintenance Protocol
g. Parking and Storage Locations
h. Lost & Found Protocol
Customer Service:
1. RideCo, through its subcontractor Transportation Operations Provider, will maintain customer service access through an operations center , during hours of revenue service operations . For those who are not able to access the service via the software application, customers shall be able to call, during hours of revenue service operations, and book rides over the telephone and receive customer support including information about lost it ems.
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SCHEDULE "B"
RIDECO SERVICE LEVEL AGREEMENT
1. APPROVED EQUIPMENT / THIRD PARTY SOFTWARE
Driver Mobile App Requirements:
• Android Device running the most recent Android OS major version release and one previous major version release with Google Play Services
• GPS Enabled Phone
• High speed (4G recommended) data plan with a minimum of 2GB/month • Minimum screen resolution 800x480
• Minimum recommended CPU: Mid-to-High range performance CPU based on ARMv8-A 64-bit Architecture
• 2GB RAM
• 1GB internal storage
Passenger Mobile App Requirements:
• iPhone running the most recent iOS major version release and two previous major version releases, or Android device running the most recent Android OS major version release and two previous major version releases with Google
Play Services
• Minimum screen resolution 800x480
• Minimum recommended CPU: dual-core 1.5GHz
• 1GB RAM
• 200MB internal storage
Browser requirements for operations dashboards:
•
Google Chrome (the most recent major version release and one previous major version release)
• Firefox (the most recent major version release and one previous major version release ) • Safari (the most recent major version release and one previous major version release )
2. PRIORITY LEVELS, RESPONSE TIMES AND PROCEDURES
Priority Levels
High Business critical problems that affect the availability or access of or to the Service Offering for most users
Medium Not critical but important problems that materially interrupt or restrict the normal production running of the Software (affecting a minority of users) Low Not business critical or important. Issues that do not materially impact the normal production running of the Software
Resources and Forms of Support
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Support Portal Utilized for medium or low priority items
[** City specific slack channel(s)] (typically one slack channel for each active service)
Emergency hotline Used for critical / high priority items
[**City specific emergency telephone number]
[**City specific emergency slack channel]
Support Response Time
Priority Response Time Update Frequency Resolution Time High Reviewed by
RideCo staff and
support ticket
updated/created
within 2 hours
Every 2 hours or as
mutually determined
Within 24 hours
RideCo will attempt to resolve all high
priority issues within 24 hours, however
resolution times may be longer
depending on the nature and complexity
of the problem.
Medium Reviewed by
RideCo staff and
support ticket
updated/created
within 12 hours
Every working day or as
mutually
determined
Within five (5) business days
Low Reviewed by
RideCo staff and
support ticket
updated/created
within 24 hours
Every week or as
mutually determined
RideCo shall notify City within ten (10)
business days of the analysis of the
problem, the intended fix and the release
in which it will be delivered. Where
feasible, RideCo shall provide a
temporary workaround to City.
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SCHEDULE “C”
PERSONAL DATA PROTECTION UNDERTAKING
“Personal Data” means data, whether true or not, about an individual who can be identified: (a) from that data; or (b) from that data and other information to which the organization has or is likely to have access;
RideCo agrees that the following terms shall apply where RideCo accesses, handles or uses any Personal Data under the Agreement, including in the course of and/or in connection with exercising its rights or carrying out its obligations under the Agreement:
a. Unless otherwise permitted by the City, RideCo may only collect, use or process Personal Data as allowed under this Agreement, and RideCo shall comply with any written instructions the City gives RideCo in advance relating to compliance with any laws, regulations, court orders, or self-regulatory programs applicable to the collection, use, disclosure, treatment, protection, storage and return of Personal Data.
b. RideCo shall maintain commercially reasonable policies and procedures to protect the security, privacy, integrity, and confidentiality of Personal Data.
c. If RideCo knows of any breach or potential breach of protective measures or if there has been any actual or potential unauthorized or accidental disclosure of Personal Data, RideCo must inform the City immediately and cooperate with the City in any post-breach investigation or remediation efforts. d. RideCo shall notify the City promptly in the event of any claim or complaint from any individual to whom the Personal Data relates and/or where there has been an event of non- compliance with any data privacy laws by RideCo, whether discovered by RideCo or forming the subject of an investigation and/or action by the relevant authorities.
e. RideCo shall notify the City promptly in the event that RideCo is required by law, court order, warrant, subpoena, or other legal or judicial process to disclose any Personal Data to any person.
f. If under the Agreement, RideCo has to collect any Personal Data from the City’s employees or any other individuals directly, RideCo must notify the individuals about the pu rpose of RideCo’s collection and must obtain and record (for future reference) their consent before RideCo does so, and RideCo must follow any reasonable instructions which the City may give RideCo in this regard, and must comply with all applicable laws for such collection of Personal Data.
g. RideCo must not disclose any City Personal Data to any other persons/entities (e.g. to RideCo’s related company/affiliate) or transfer any Personal Data outside of the USA or Canada without the City’s permission in writing.
h. RideCo shall promptly return to the City or destroy any Personal Data received in error. RideCo must destroy Personal Data as soon as practicable if required by the City. At the end of the Agreement, RideCo must notify the City if RideCo or other recipients (if disclosure of Personal Data to such other recipients has been permitted by the City in writing) have any Personal Data collected/received as part of the Agreement, and follow the City’s instructions on destroying the Personal Data. Following such destruction, the City may require RideCo to certify that RideCo (and such recipients) no longer have Personal Data. If RideCo wants to retain any Personal Data b eyond the end of the Agreement, RideCo will be required to inform the City of RideCo’s reasons and seek the City’s agreement on the same.
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SCHEDULE "D"
SOFTWARE FUNCTIONAL REQUIREMENTS
Passenger Application Requirements
Rider Account
Trip history menu to see trip details
o Start & end time
o Starting & ending address
o Trip cost (if applicable)
o Help menu to provide feedback, or report other issue
Reserved trip details
Recent destinations are automatically saved to rider account Ride Booking and Tracking:
Ability to enter an address or select current or specific location on the map Reserve multiple seats or seat types (e.g. accessible) Reserve trips up to 5 business days in advance
Reserve multiple trips at once (same trip for multiple days in one week) Retain recently queried locations so they are easy to pull up even if rider does not designate them as a “favorite”
Ability to restrict virtual vs. doorstep drop-off and pick-up points Vehicle location, vehicle ID and driver information are displayed while waiting for pickup Ability to call and/or leave a note for driver
Payment
Ability to hold credit card information.
Place to enter promotional codes
Rating System
Ride rating (e.g., 1 to 5 stars)
Customer Support
Legal/terms and conditions
A place for Frequently Asked Questions (FAQs)
In app requests for support
Customer service system that creates trackable tickets for follow up and resolution Ability to mask phone number when contacting driver
Driver Application Requirements
Automatic trip dispatching
Dynamic routing capabilities to adjust vehicle allocation efficiently. Make phone calls to a rider via anonymized phone number Ability to launch turn-by-turn driving directions
Operations Dashboard Requirements
Dashboards accessible to operations coordinators and authorized individuals by the City Dashboard displays real -time data on riders, vehicles, drivers and service performance/Key Performance Indicators (KPIs). Data available includes:
o Ridership
o Travel times
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o Trip denial rate
o Booking abandonment rates
o On-time performance
o Trip and driver reviews
o Trip and driver comments
Ability to assign different user-level permissions and rights based on operator, seniority, or role. The data gathered will be shared with / available to the operator or agency in multiple formats:
o Dashboards to visualize rider, driver, and performance data, aggregated across a period or at an individual trip/driver level
o Weekly and monthly performance reports provided in Excel, in a performance format to be mutually agreed upon
o Exports of the raw data (rides, vehicles, times, locations etc.) in CSV format that can be further analyzed by the operator or agency staff if they desire
Software Security, Reliability & Privacy Requirements
The passenger and driver apps are ‘stateless’ and do not store any confidential passenger data on the local device.
All data is stored securely in the cloud (Amazon Web Services – ‘AWS’). The passenger and driver apps communicate securely with the cloud -based platform using RESTful APIs.
RideCo’s Platform Software has a 99.9%+ historical uptime performance record. Data is encrypted in transit using standard HTTPS, using an SSL wildcard certificate. All public facing webservers have been hardened using industry standard practices. Internal networks are shielded by AWS security groups which define allowable ports and IP addresses for internal services.
APIs are all secured using token authentication using an identity management system. Tokens are only valid for one user and can only be acquired by successfully authenticating against our authentication API. APIs used by internal components are never exposed publicly. For certain API calls, throttling exists to prevent against DOS type attacks. Daily backups of production databases for disaster recovery. Software does not store any payment card or billing information on RideCo’s servers. The mobile applications and operations dashboards include their own terms of service to end users that include provisions relating to data privacy, confidentiality, and intellectual property rights.
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SCHEDULE "E"
INSURANCE REQUIREMENTS
Contractor or Consultant shall procure and maintain for the duration of this Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Contractor or Consultant, its agents, representatives, employees or subcontractors. More specifically:
Contractor or Consultant shall provide its insurance broker(s)/agent(s) with a copy of these requirements and request that they provide Certificates of Insurance complete with copies of all required endorsements.
Contractor or Consultant shall furnish City with copies of original endorsements affecting coverage required by this “Schedule E”. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All endorsements and certificates are to be received and approved by City before work commences. City has the right to require Contractor’s or Consultant’s insurer to provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications.
In the event of the breach of any provision of this “Schedule E,” or in the event any notice is received which indicates any required insurance coverage will be diminished or canceled, City, at its option, may, notwithstanding any other provision of this A greement to the contrary, immediately dec lare a material breach of this Agreement and suspend all further work pursuant to this Agreement.
Commercial General Liability (CGL): Coverage at least as broad as Insurance Services Office (“ISO”) Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal and advertising injury with limits no less than $2,000,000.00 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.
Automobile Liability: Coverage at least as broad as ISO Form Number CA 0001 covering, Code 1 (any auto), with limit no less than $1,000,000.00 combined single limit for bodily injury and property damage.
Professional Liability (Errors and Omissions): Insurance appropriate to the Contractor or Consultant’s profession, with limit no less than $1,000,000.00 per occurrence or claim, $2,000,000.00 aggregate.
Workers’ Compensation Insurance: Contractor or Consultant shall purchase and maintain statutory workers’ compensation coverage for their employees if applicable. Employers’ liability limits shall not be less than $1,000,000 each accident, $1,000,000 by disease -policy limit, $1,000 ,000 by disease -each employee. The policy shall contain a Waiver of Our Rights to Recover from Others endorsement naming the City and its officers, officials, employees, and agents in the endorsement schedule.
Other Insurance Provisions:
The insurance policies are to contain, or be endorsed to contain the following provisions:
Additional Insured Status and Primary/Non-Contributory Language: Contractor’s general liability and automobile liability policies shall be primary and shall not seek contribution from the City’s coverage and be endorsed to add the City and VTA and their respective officers, officials, employees, and agents as additional insureds under such policies using Insurance Services Office form CG 20 10 (or equivalent) on the general liability policy. For construction projects, an endorsement providing completed operations coverage for the additional insured on the general liability policy, ISO form CG 20 37 (or equivalent), is 148
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also required.
The limits of insurance required in this Agreement may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non -contributory basis for the benefit of City and VTA (if agreed to in a written contract or agreement) before the City’s or VTA’s own insurance or self-insurance shall be called upon to protect it as a named insured.
Notice of Cancellation, Suspension or Otherwise Voiding Policies : Each insurance policy required above shall contain or be endorsed to contain that coverage sha ll not be suspended, voided, canceled or reduced in coverage or in limits except with thirty (30) days’ prior written notice by certified mail, return receipt requested to the City.
Waiver of Subrogation: Contractor or Consultant hereby grants to City and VTA a waiver of any right to subrogation which any insurer of said Contractor or Consultant may acquire against the City or VTA by virtue of the payment of any loss under such insurance. Contractor or Consultant shall obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City or VTA have received a waiver of subrogation endorsement from the insurer. The Workers’ Compensation Policy shall be endorsed with a waiver of subrogation in favor of the City and VTA for all work performed by Contractor or Consultant, its employees, agents and subcontractors.
THE FOLLOWING PROVISIONS APPLY TO ALL AGREEMENTS
Deductibles and Self-Insured Retentions (“SIR”): Any deductibles or self -insured retentions must be declared to and approved by City. The City may require the Contractor or Consultant to purchase coverage with a lower deductible or retention or provide proof of ability to pay losses and rel ated investigations, claim administration, and defense expenses within the retention. At the option of the City, either (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its elected and appointed of ficials, officers, attorneys, agents, and employees; or (2) the Contractor or Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses.
All SIRs must be disclosed to Risk Management for approval and shall not reduce the limits of liability.
Policies containing any SIR provision shall provide or be endorsed to provide that the SIR may be satisfied by either the named insured or the City.
City reserves the right to obtain a full-certified copy of any insurance policy and endorsements. Failure to exercise this right shall not constitute a waiver of right to exercise later.
Acceptability of Insurers: Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A-:VII, unless otherwise acceptable to City.
Claims Made Policies: (note - should be applicable only to professional liability, see below)
1. The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work.
2. Insurance must be maintained, and evidence of insurance must be provided for at least five (5) years after completion of contract of work.
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3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retro active Date prior to the contract effective date, the Contractor or Consultant must purchase “extended reporting” coverage for a minimum of five (5) years after completion of work.
4. A copy of the claims reporting requirements must be submitted to the City for review.
5. If the services involve lead -based paint or asbestos identification/remediation, the Contractor’s Pollution Liability Policy shall not contain lead -based paint or asbestos exclusions. If the services involve mold identification/remediation, the Contractors Pollution Liability Policy shall not contain a mold exclusion, and the definition of Pollution shall include microbial matter, including mold.
Subcontractors: Contractor or Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, except subcontractors shall maintain workers compensation coverage for subcontractors personnel and automobile liability coverage at least as broad as ISO Form Number CA 0001 covering, Code 1 (any auto), with limit no less than $5,000,000.00 combined single limit for bodily injury and property damage , and Contractor shall ensure that City is an additional insured on insurance required from subcontractors.
Subcontractor agrees to be bound to Contractor and City in the same manner and to the same extent as Contractor is bound to City under this Agreement and any other contract documents. Subcontractor further agrees to include the same requirements and provisions of this Agreement, including the indemnity an d insurance requirements, with any sub -subcontractor to the extent they apply to the scope of the sub - subcontractor’s work. A copy of th is Agreement, including all indemnity and insurance provisions, will be furnished to the subcontractor.
Verification of Coverage: Contractor or Consultant shall furnish the City with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor or Consultant’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.
Special Risks or Circumstances: City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage or other special circumstances.
Failure to Comply: Each insurance policy required above shall contain or be endorsed to contain that any failure to comply with reporting provisions of the policies shall not affect coverag e provided to the City, its elected and appointed officials, officers, attorneys, agents, and employees.
Applicability of Coverage: Each insurance policy required above shall contain or be endorsed to contain that the Contractor’s or Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 150
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RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MILPITAS TO
APPROVE AND AUTHORIZE THE CITY MANAGER TO EXECUTE A
SUBSCRIPTION AND SERVICES AGREEMENT WITH RIDECO FOR
CONSULTANT SERVICES TO OPERATE MILPITAS ONDEMAND AND MAKING
SOLE SOURCE FINDINGS AND FINDINGS THAT THE PROCUREMENT IS IN
THE BEST INTEREST OF THE CITY
WHEREAS, in November 2016, Santa Clara County voters approved the 2016 Measure B ballot measure, a 30-year half -cent countywide sales tax to enhance transit, highways, expressways and active transportation programs for bicycles and pedestrians; and
WHEREAS, the Valley Transportation Authority (VTA) established the 2016 Measure B Program and adopted Program categories and guidelines for Innovative Transit Service Models; and
WHEREAS, the goal of the Innovative Transit Service Models Program is to support affordable new innovative transit service models to address first/last -mile connections to transit, serving the vulnerable, underserved, and transit-dependent population; and
WHEREAS, the Innovative Transit Service Models Program provides approximately $6 million in funding to eligible cities through a competitive grant application process; and
WHEREAS, City staff focused on partnering with a transportation consulting firm that co uld deliver a transit service model that meets the grant program guidelines and requirements for an innovative service model; and
WHEREAS, City staff, in partnership with RideCo , Inc. (“RideCo”) , a transportation consulting firm that provides on-demand transit solutions, submitted a grant application for funding through the Innovative Transit Service Models Program to develop and implement Milpitas OnDemand, a 12-month pilot program to provide a flexible, convenient first/last -mile transit solution with connections to VTA light rail and the Milpitas Transit Center; and
WHEREAS, on March 4 th, 2021, the VTA Board of Directors approved the recommended projects, including Milpitas OnDemand, and authorized the General Manager to execute the necessary agreements; and
WHEREAS, the VTA awarded the City of Milpitas grant funding to operate a specific transit service model that only RideCo can deliver; and
WHEREAS, after conducting a good faith review of the available sources and pursuant to Milpitas Municipal Code s ection I-2-3.06 (Sole Source Procurement), the City’s Purchasing Agent has determined that RideCo is the only source for the implementation and operation of Milpitas OnDemand; and
WHEREAS, Milpitas Municipal Code section I -2-3.03(d) authorizes the City to make procurements without a formal competitive process when authorized by the City Council to be in the best interests of the City; and
WHEREAS, it is in the City’s best interests to contract with RideCo for the reasons noted herein.
NOW, THEREFORE, the City Council of the City of Milpitas hereby finds, determines, and resolves as follows:
1. The City Council has considered the full record before it, which may include but is not limited to 151
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such things as the staff report, testimony by staff and the public, and other materials and evidence submitted or provided to it. Furthermore, the recitals set forth above are found to be true and correct and are incorporated herein by reference.
2. RideCo is approved as the sole source provider for the implementation and operation of Milpitas OnDemand pursuant to Milpitas Municipal Code section I-2-3.06 (Sole Source Procurement).
3. Pursuant to Milpitas Municipal Code section I -2-3.03(d), the City Council finds that the procurement with RideCo is in the best interest of the City based on the following:
a) RideCo customized its proprietary transit service model for the City of Milpitas to use in its Measure B grant application; and
b) RideCo is the only firm to have designed and validated the “Hub and Spoke” service model, which combines the convenience of a ride hailing service with the capacity and affordability of a traditional shuttle service; and
c) While some vendors can offer some features of the proposed service model, no vendors have been able to demonstrate all the required features to successfully execute this service model; and
d) RideCo’s proprietary service model addresses critical first/last -mile connections to transit and supports VTA’s existing light-rail and bus systems, which is an important goal of the Innovative Transit Service Models Program; and
e) Of all the on -demand micro-transit software providers in the market, only RideCo has demonstrated a consistent track record of aligning arrival times with the schedules of high-frequency transit schedules; and
f) Riders do not have to plan the timing of their trip themselves since RideCo’s platform ensures they arrive on time, unlike other qualified vendors who only provide an estimated time of approval; and
g) RideCo has a track record of consistently achieving the highest productivity in first/last- mile projects, which results in a lower cost per passenger than other qualified vendors.
4. The City Manager is hereby authorized and directed to execute the Subscription and Services Agreement with RideCo in a not-to-exceed amount of $1,355,916 for consultant services related to Milpitas OnDemand.
PASSED AND ADOPTED this day of 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED:
Wendy Wood, City Clerk Rich Tran, Mayor
APPROVED AS TO FORM:
Christopher J. Diaz, City Attorney
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March 8, 2022
Ms. Jane Shinn
2016 Measure B Program Manager
Valley Transportation Authority
3331 N. First Street
Santa Clara, CA 95134
RE: Changes to the 2016 Measure B Innovative Transit Service Models Project Entitled “Milpitas On Demand”
Dear Ms. Shinn:
I am writing to you to request changes to the 2016 Measure B Innovative Transit Service Models project entitled “Milpitas OnDemand,” which has been awarded $1,084,632 to operate a first-last mile micro-transit pilot program. The requested changes to the project are a result of the increasing cost of providing transit services due to market conditions outside of our control.
In January, the primary contractor for this project, RideCo, informed the City that the original transit subcontractor, Yellow Checker Cab Company, had decided to not participate in the Milpitas OnDemand pilot project due to a number of factors related to the ongoing COVID-19 pandemic.
Those factors include: 1) driver shortage due to illness and overall labor shortages; 2) inability to procure vehicles due to supply chain issues (e.g., microchip shortage); and 3) rising fuel costs.
RideCo has since engaged in an extensive bid process with several potential subcontractors, and due to market conditions and transit services being in high demand, estimated costs have significantly increased. However, RideCo has selected an alternative subcontractor that submitted a competitive bid complemented by operational excellence, extensive experience in micro-transit, and current operations in the Bay Area.
In light of the increasing cost of providing transit service, City of Milpitas staff collaborated closely with RideCo to keep the project cost within the initial budget of our Measure B grant application while minimizing changes to the original scope of services. We believe that the requested changes will not substantively alter the project or its key goals of providing a convenient, affordable, and innovative transit service option to our most vulnerable/transit-dependent residents, as demonstrated in our grant application.
Most aspects of the service would remain unchanged, including the project/service area, daily hours of operation, number of vehicles, service model, wait times, number of hubs, and virtual stops, etc.
The requested changes include the following:
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Changes to the 2016 Measure B Innovative Transit Service Models Page 2 of 2 Project Entitled “Milpitas OnDemand”
March 8, 2022
1. Another transit service subcontractor would replace Yellow Checker Cab Company.
2. The total hourly subscription and services fee (RideCo hourly cost + hourly vehicle operations and software cost) would increase from $39.10 to $58.65.
3. The pilot program term would be reduced from 18 to 12 months, which would consequently reduce the vehicle revenue hours (32,760 to 21,840) and ridership projections.
While the pilot program term would decrease from 18 to 12 months, the City of Milpitas will proactively explore ways to extend the program beyond the proposed 12-month term. As indicated in our grant application, the service can be easily scaled down during off-peak hours to match vehicle supply to ridership demand on a day-to-day basis and reduce operational costs. Based on an expectation of savings through this demand-responsive service model, we are committed to expending any funds remaining after 12 months to extend the program.
Additionally, the City is committed to expending any fare recovery beyond our out-of-pocket costs to further extend the program. As indicated in our grant application, the City has committed a 20 percent local match of $271,183, $200,000 of which will come from funds received from a developer earmarked for a shuttle study and $71,183 of which will come from the City’s General Fund. The estimated fare recovery based on the most conservative ridership projection is expected to exceed the $71,183 out-of-pocket cost to the City.
The City’s professional services agreement with RideCo will include a clause to allow for a one-time option to extend the contract and program for a duration determined upon mutual agreement by both parties. Furthermore, we are willing to incorporate language into the City’s funding agreement with VTA to ensure that we will use any remaining funds at the end of the program term to extend service.
Given the challenging and uncertain environment facing transit operators today, we hope that these requested changes to Milpitas OnDemand are acceptable to VTA. If needed, we would like to continue this dialogue and come up with an acceptable solution in the coming weeks to receive City Council approval and launch the program in early summer. Please contact Jay Lee, Principal Planner, by phone at (408) 586-3077 or by email at [email protected] with any questions or
concerns. We look forward to continuing our partnership with VTA to provide a much-needed transportation solution for the region.
Sincerely,
Ashwini Kantak
Assistant City Manager
City of Milpitas
C: Steve McHarris, City Manager
Ned Thomas, Planning Director
Jay Lee, Principal Planner
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CITY OF MILPITAS
AGENDA REPORT
(AR)
Item Title: Adopt a Resolution Releasing Unclaimed Funds with a Value less than $15 amounting to $171.82 (Staff Contact: Lauren Lai, Finance Director/Risk Manager, 408-586-3111)
Category: Consent Calendar-Leadership and Support Services Meeting
Date:
4/5/2022
Recommendations: Adopt a resolution releasing Unclaimed Funds with a value less than $15 Amounting to $171.82
BACKGROUND:
According to the City of Milpitas’ Standard Operating Procedure (SOP) No. 26-1, which conforms with California Government Code Section 50055, unclaimed checks and credits of less than $15, or any amount if the depositor’s name is unknown, which remain unclaimed for more than one year may be transferred to the General Fund by authorization of the City Council.
ANALYSIS:
The City has 38 unclaimed credits/funds of less than $15 amounting to $171.82 related to classes offered by the Recreation Community Services Department.
All the credits/funds listed in Exhibit A of the attached resolution are older than February 2021 and remained unclaimed for more than one year. Consistent with SOP No. 26-1, staff recommends that Council adopt a resolution authorizing the release of the unclaimed credits/funds.
POLICY ALTERNATIVE:
Alternative 1: Do not approve the proposed recommendation to release Unclaimed Funds
Pros: None.
Cons: Compliance the City of Milpitas’ Standard Operating Procedure (SOP) No. 26-1, which in turn conforms with California Government Code Section 50055.
Reason for not Recommending: Considering the release of the Unclaimed Credits/Funds is in compliance with the City of Milpitas’ Standard Operating Procedure (SOP) No. 26-1, which conforms with California Government Code Section 50055.
FISCAL IMPACT:
The unclaimed recreation credits/funds will be written off and no longer available after Council approval. Release of unclaimed recreation credits/funds will result in $171.82 increase to the General Fund.
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California Environmental Quality Act:
The action being considered is exempt from environmental review pursuant to CEQA Guideline 15378(b)(4) as a governmental fiscal activity without a commitment to any project that would result in a potentially significant impact on the environment.
Recommendation:
Adopt a resolution releasing Unclaimed Funds with a value less than $15 amounting to $171.82.for a total of $171.82 in Credits.
Attachments:
1. Resolution
2. Exhibit A – Finance Operation Accounts Unclaimed Credits of less than $15 and one year or older.
167
Item # C8.
RESOLUTION NO. ______
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MILPITAS RELEASING UNCLAIMED FUNDS WITH A VALUE LESS THAN $15 AMOUNTING TO $171.82
WHEREAS, the unclaimed Recreation credits/funds on the list attached hereto as Exhibit A have been outstanding and unclaimed for more than one year; and
WHEREAS, the amounts on the credits/funds on the list attached hereto as Exhibit A are each less than $15.
NOW, THEREFORE, the City Council of the City of Milpitas hereby find s, determines, and resolves as follows:
1. The City Council has considered the full record before it, which may include but is not limited to such things as the staff report, testimony by staff and the public, and other materials and evidence submitted or provided to it. Furthermore, the recitals set forth above are found to be true and correct and are incorporated herein by reference.
2. The Recreation Credit/Funds at less than $15 each, for a total amount of $171.82, on the list attached hereto as Exhibit A shall be released and be written off , in accordance with Section 50055 of the California Government Code.
PASSED AND ADOPTED this on ______ day of ________, 2022 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED:
Wendy Wood, City Clerk Rich Tran, Mayor
APPROVED AS TO FORM:
Christopher J. Diaz, City Attorney
168
Item # C8.
Receipt No.
Date
Amount
2024882.002
2/4/2020
4.00 $
2024875.002
2/4/2020
4.00 $
2024822.002
2/4/2020
4.00 $
2024854.002
2/4/2020
4.00 $
2024842.002
2/4/2020
4.00 $
2024877.002
2/4/2020
4.00 $
2024883.002
2/4/2020
4.00 $
2024857.002
2/4/2020
4.00 $
2024825.002
2/4/2020
4.00 $
2024864.002
2/4/2020
4.00 $
2024837.002
2/4/2020
4.00 $
2024873.002
2/4/2020
4.00 $
2024888.002
2/4/2020
4.00 $
2024834.002
2/4/2020
4.00 $
2024815.002
2/4/2020
4.00 $
2024829.002
2/4/2020
4.00 $
2024858.002
2/4/2020
4.00 $
2024863.002
2/4/2020
4.00 $
2024841.002
2/4/2020
4.00 $
2024839.002
2/4/2020
4.00 $
2024843.002
2/4/2020
4.00 $
2024887.002
2/4/2020
4.00 $
2024845.002
2/4/2020
4.00 $
2024844.002
2/4/2020
4.00 $
2024833.002
2/4/2020
4.00 $
2024817.002
2/4/2020
4.00 $
2024870.002
2/4/2020
4.00 $
2024846.002
2/4/2020
4.00 $
2024856.002
2/4/2020
4.00 $
2024885.002
2/4/2020
4.00 $
2024867.002
2/4/2020
4.00 $
2024872.002
2/4/2020
4.00 $
2024891.002
2/4/2020
4.00 $
2024836.002
2/4/2020
4.00 $
2024820.002
2/4/2020
4.00 $
2024830.002
2/4/2020
4.00 $
2024351.002
8/30/2019
13.75 $
2024881.002
2/4/2020
14.07 $
TOTAL
171.82
$
- Amount Less Than $15.00
- No Later than February 2021
Exhibit A
RECREATION ACCOUNTS
UNCLAIMED CREDITS
169
Item # C8.
CITY OF MILPITAS
AGENDA REPORT
(AR)
Item Title: Consider the Request Received by the City Clerk and Approve Fee Waiver of $1,500.00 for the Milpitas Community Educational Endowment & Samuel Ayer Alumni Association for an Event on September 30, 2022, and Approve a Fee Waiver of $420.00 for the Christian Worship Center for a Community Easter Egg Hunt on April 16, 2022. (Staff Contact: Wendy Wood, City Clerk, 408-586-3001) Category: Consent Calendar-Leadership and Support Services Meeting Date: 4/5/2022
Recommendation: Approve Fee Waiver of $1,500.00 for the Milpitas Community Educational Endowment & Samuel Ayer Alumni Association for an event on September 30, 2022, and approve a Fee Waiver of $420.00 for the Christian Worship Center Community Easter Egg Hunt on April 16, 2022.
Background:
Milpitas City Council adopted the “City Council Donation and Fee Waiver/Reduction Policy” on April 16, 2013.
This policy allows Milpitas non-profit organizations to request city fees to be waived up to $1,500 or a donation amount up to $500 be granted upon request. Requesting organizations must be local Milpitas non-profits and provide proof of non-profit status from the federal Internal Revenue Service or the state Franchise Tax Board.
A requesting organization must also meet other requirements contained in the policy and ensure a certain percentage of the funds raised are for the general benefit of the Milpitas community. Groups are required to file a follow-up report with the City Clerk 60 days after the completion of the event for which the fee waiver or funds were granted. The items needed for the follow-up report are listed in the policy under item 3(i).
As required by the Fee Waiver Policy, the Milpitas Community Educational Endowment & Samuel Ayer Alumni Association and Christian Worship Center have provided copies of their determination from the Internal Revenue Service stating they are tax-exempt organizations.
Analysis
On March 22, 2022, the City Clerk received a “Donation or Fee Waiver/Reduction Request Application Forms” from the Milpitas Community Educational Endowment & Samuel Ayer Alumni Association. On March 23, 2022, the City Clerk received a “Donation or Fee Waiver/Reduction Request Application Forms” from the Christian Worship Center.
The Milpitas Community Educational Endowment & Samuel Ayer Alumni Association requests the City Council waive the permit fee for the community event for Alumni of Samuel Ayer High School on September 30, 2022.
This event will help raise awareness of Milpitas Community Educational Endowment charitable programs and raise funds for future Milpitas students’ scholarships. The Milpitas Community Educational Endowment & Samuel Ayer Alumni Association is requesting a waiver in the amount of $1,500 for the park rental permit fees.
The Christian Worship Center requests the City Council to waive the permit fee for the Community Easter Egg Hunt on April 16, 2022. The Christian Worship Center originally requested the City Council to waive $1,500 for the park rental permit fee. Staff reviewed the scope of the event and determined the rental permit fees will be $420 and is therefore recommending the City Council waive the $420 park rental permit fee.
170
Item # C9.
The adopted Fiscal Year 2021-22 Budget includes $25,000 for donations, fee waivers, and events. To date, two fee waivers requests have been approved during Fiscal Year 2021-22, and the remaining fund balance is currently $22,200.
Policy Alternative:
Alternative: Do not approve the fee waivers as requested.
Pros: The City’s General Fund will not incur the costs of the fees waived and would receive revenue.
Con: Denial of the request would negatively impact the non-profit organizations.
Reason not recommended: Denial of this request would negatively impact services provided to the community from the Milpitas Community Educational Endowment & Samuel Ayer Alumni Association and Christian Worship Center.
Fiscal Impact:
$25,000 was approved and included in the FY 2021-22 City budget for City Council’s Unallocated Community Promotions. If the requests are approved by City Council, the fee waiver would be paid from FY 2021-22 budget and $20,280.00 would remain in that line item of the current year’s budget.
Recommendation:
Approve Fee Waiver of $1,500.00 for the Milpitas Community Educational Endowment & Samuel Ayer Alumni Association for an event on September 30, 2022 and approve a Fee Waiver of $420.00 for the Christian Worship Center Community Easter Egg Hunt on April 16, 2022.
Attachments:
1. Milpitas Community Educational Endowment & Samuel Ayer Alumni Association Application and Internal Revenue Service (IRS) non-profit letter
2. Christian Worship Center Application and Internal Revenue Service (IRS) proof of non-profit status
3. City Council Donation and Fee Waiver/Reduction Policy
171
Item # C9.
172
Item # C9.
173
Item # C9.
174
Item # C9.
175
Item # C9.
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/97/109/88/i255/100/96/77/93/86/82/i255/88/82/83/82/111/81/i255/109/111/76/75/84/90/i255/113/83/82/77 /29/34/32/34/16/17/5/i255/2/69/3/36 /100/96/77/93/86/82/i255/88/82/83/82/111/81 /114/19/33/21/19/62/15/17/15/21/19/18/28/i255/63/61/27/35/22/17/15/21/19 /113/77/98/111/108/82/75/115/75/76/75/82/116 /12/21/19/17/14/15/66/34/17/15/21/19/16/i255/18/14/27/i255/62/27/62/34/33/17/15/66/28/27 /95/83/96/i255/100/96/77/93/86/82/i255/79/76/83/81/81/75/74/75/108/83/82/75/73/84 /109/77/76/75/90/75/73/84/117/109/77/76/83/82/77/98/118/i255/88/86/75/72/75/82/111/83/76/i255/113/77/110/77/76/73/86/93/77/84/82/i255/38/1/33/18/1/35/15/28/22/15/17/18/16/1/119/120/17/121/19/17/27/27/2/39 /63/19/17/27/14/i255/19/18/35/27/i255/18/19/62/1/21/14/i255/18/62/62/14/27/16/16/31/31/31 /25/27/18/14/33/13/122 176
Item # C9.
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/65/54/66/39/56/49/67/39/46/49/63/56/68/55/i255/45/69/54/45/63/55/43/55/70/i255/i255 /39/48/46/49/50/49/46/49/43/55/70/i255/71/i255/63/45/43/54/39/46/49/63/56/55 /52/53/69/54/48/53/70/i255/55/51/56/39/66/63/66/69/43/70/i255/43/46/48/i255/57/1/33/18/1/35/15/28/22/15/17/18/16/1/7/7/2/59/17/60/18/33/17/15/72/15/17/73/61/i255/i255 /57/19/21/17/27/8/i255/17/13/15/16/i255/18/33/17/15/72/15/17/73/i255/33/28/18/16/16/15/24/15/33/18/17/15/21/19/i255/13/18/16/i255/74/27/27/19/i255/14/27/22/28/18/33/27/75/i255/74/73/i255/17/13/27/i255/76/18/77/i255/78/77/27/35/22/17/i255/12/28/18/16/16/15/24/15/33/18/17/15/21/19/i255/16/13/21/30/19/i255/18/74/21/72/27/i255/16/15/19/33/27 /2/79/79/37/31/61
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/91/21/i255/19/27/27/75/i255/17/21/i255/79/79/7/85/10/93/i255/14/27/17/34/14/19 /47/55/55/43/46/i255/84/39/56/66/43/i255/84/43/45/63/54/46/43/64/i255/63/56/i255/80/63/54/44/i255/94/94/95 /96/7 /97/56/48/63/44/43/i255/84/39/56/66/43/i255/84/43/45/63/54/46/43/64/i255/63/56/i255/80/63/54/44/i255/94/94/95/96/7 /47/48/48/63/69/56/46/49/56/66/i255/87/43/54/49/63/64 /7/0 177
Item # C9.
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Item # C9.
CITY OF MILPITAS, CALIFORNIA
STANDARD OPERATING PROCEDURE
SUBJECT: CITY COUNCIL DONATION AND FEE WAIVER/REDUCTION POLICY
1. Purpose
The City of Milpitas recognizes the value of partnership with other agencies and organizations in providing services that benefit the community and its residents. To that end, the City may provide a donation or grant a reduction and/or waiver of fees to intergovernmental agencies or non-profit organizations that provide Milpitas community benefit.
2. Donation and Fee Waiver Budget
With each budget cycle, the City Council will establish an annual budget amount for donations or fee waivers/ reductions for unspecified community events. Except for extraordinary circumstances, donations and or fee waivers/reductions will not be granted once the budgeted amount has been expended.
3. Requirements
a) Any requests for donation or fee waiver/reduction must be submitted in writing using the attached application form.
b) Requests for donations or fee waivers/reductions will be considered by the City Council during a regularly scheduled meeting.
c) To be eligible, the organization must be a non-profit organization as described by the Internal Revenue Section such as 501(c)(3) or an intergovernmental agency. In either case, only events that provide community benefit within the City of Milpitas shall be eligible. If fund raising is involved, the organization must demonstrate that at least 60% of fund raised will be of general benefit to the Milpitas community. The organization must be non-discriminatory, and non-political in nature, based in Milpitas or have a local affiliation within the City.
d) If the request for donation or fee waiver/reduction is for a community event, the event must be advertised, open to the public and no entrance fee shall be charged for the event.
e) Fee waivers/reductions only apply to services provided by the City during its regular course of business.
Such fees may include rental fees for the City’s facilities or equipment, building permit fees or fire permit fees. Any City staff overtime costs required due to the event cannot be waived.
f) The City Council may grant donation or fee waiver/reduction to each organization once annually, regardless of how many branches or affiliations it may have in the City.
g) The fee waiver/reduction amount is further subject to $1,500 maximum annually and the donation amount is subject to $500 maximum annually for each organization. A fee waiver/reduction request cannot be combined with a donation request.
h) To the extent possible, the City’s contribution should be recognized in the event fliers and/or advertising.
i) Within 60 days after completion of the event in which a donation was received or a fee waiver/reduction was granted by the City, the organization will provide a written report to the City Clerk to include at minimum:
number of participants, copies of all publicity of the event, any benefit to the community, amount of funds raised and an accounting of how the proceeds of the event will be dispersed.
j) Failure to abide by the rules and procedures as set forth in this document will result in the organization being denied for funding and/or fee waiver/reduction in the future. 179
Item # C9.
CITY OF MILPITAS
AGENDA REPORT
(AR)
Item Title: Accept Committee Member and Commissioner Resignations (Staff Contact: Wendy Wood, City Clerk, 408-586-3001)
Category: Consent Calendar-Leadership and Support Services Meeting Date: 4/5/2022
Recommendation: Accept the resignation of Committee Member Dhanwant Dhaliwal from the Measure F Oversight Committee, accept the resignation of Sukhpreet Badesha from the Arts Commission, and direct the City Clerk to post the notices of the unscheduled vacancies.
Background:
In accordance with the City of Milpitas Commission By-Laws, any member or alternate member of a Commission who is no longer available to serve must submit a resignation in writing by sending a written communication to the Mayor and the City Clerk, per adopted City Council Resolution No. 7702. The written resignation must then be accepted and confirmed by City Council via action on the consent calendar at a regularly scheduled City Council meeting. Committee Member Dhanwant Dhaliwal submitted his resignation from the Measure F Oversight Committee and staff notified the City Clerk on March 15, 2022. Commissioner Sukhpreet Badesha submitted her resignation from the Arts Commission and staff notified the City Clerk’s Office on March 16, 2022
Analysis:
By state law, a Notice of an Unscheduled Vacancy must be posted by the City Clerk to advertise the vacant Commission seat. Final appointment to the board, commission, or committee for the Unscheduled Vacancy shall not be made by the legislative body for at least ten working days after the posting of the notice in the Clerk’s office.
Fiscal Impact:
There is no fiscal impact associated with this item.
Recommendation:
Accept the resignation of Committee Member Dhanwant Dhaliwal from the Measure F Oversight Committee, accept the resignation of Sukhpreet Badesha from the Arts Commission, and direct the City Clerk to post the notices of the unscheduled vacancies.
Attachments:
1. Email from Committee Member Dhanwant Dhaliwal
2. Email from Commissioner Sukhpreet Badesha
180
Item # C10.
1 Wendy Wood
Subject:
FW: MFOC Committee resignation - Dhanwant Dhaliwal
From:
Dhanwant Dhaliwal
Sent:
Tuesday, March 15, 2022 4:47 PM
To:
Rosanne Yamashita <
[email protected]
>
Cc:
Measure F Oversight Committee <
[email protected]
>; Lauren Lai <
[email protected]
>;
Ashwini Kantak <
[email protected]
>; Rachelle Currie <
[email protected]
>
Subject:
Re: Measure F Oversight Committee
-
April Agenda packet
CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or cl icking
links.
Hi chair man and all committee members,
Very pleases working with you. I am resigning due to my health issue. Thanks.
Regards,
Dhanwant Dhaliwal
Sent from my iPhone
181
Item # C10.
1 Wendy Wood
Subject:
FW: [BULK] Re: Checking for a quorum
From:
joven badesha
Sent:
Monday, October 11, 2021 6:12 PM
To:
Tegan McLane <
[email protected]
>
Subject:
[BULK] Re: Checking for a quorum
CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links.
Hello Tegan,
Unfortunately I will not be able to attend tonight. I actually wanted to let you know I was accepted to medical school outside of the state. Although I am fully interested in coming back to Milpitas, I am not a resident for the time being. Im unsure if this disqualifies me for participating as a commissioner. It is unfortunate if that is the case, but I enjoyed being able to have an input.
Sincerely,
Sukhpreet Badesha
On Oct 11, 2021, at 5:51 PM, Tegan McLane <
[email protected]
> wrote:
Hi All,
Please confirm your attendance for this evening's Special Arts Commission meeting.
Thanks,
Tegan
<Outlook-
ee2xb3qc.jpg>
Tegan McLane (she/her/hers)
Community Engagement & Inclusion Administrator/
Assistant Director
Recreation and Community Services
Office
(408) 586-3212
Cell
(408) 209-5321
Fax
(408)586-3295
Email
457 E. Calaveras Blvd., Milpitas CA 95035
www.ci.milpitas.ca.gov
182
Item # C10.
CITY OF MILPITAS
AGENDA REPORT
(AR)
Item Title: Adopt a Resolution Approving the Application for $224,543 Per Capita Grant Funds from the State Department of Parks and Recreation and Designating the City Manager as the Authorized Signer on the Grant Agreement with the State of California (Staff Contact: Renee Lorentzen, Recreation and Community Services Director, 408-586-3409)
Category: Community Services and Sustainable Infrastructure Meeting Date: 4/5/2022
Recommendation: Adopt a Resolution Approving the Submittal of an Application for Per Capita Grant Funds from the State Department of Parks and Recreation and Designating the City Manager as the Authorized Signer on the Grant Agreement with the State of California
Background:
The California Department of Parks and Recreation Office of Grants and Local Services (OGAL) strives to address California’s diverse recreational, cultural and historical resource needs by developing grant programs, administering funds, offering technical assistance, building partnerships and providing leadership through quality customer service. The OGAL Per Capita Program originates from Proposition 68 and was placed on the ballot via Senate Bill 5 and was approved by voters on June 5, 2018. Funds are available for local park rehabilitation, creation, and improvement grants to local governments on a per capita basis. Grant recipients are encouraged to utilize awards to rehabilitate existing infrastructure and to address deficiencies in neighborhoods lacking access to the outdoors. $224,543 in grant funds are available and earmarked for the City of Milpitas.
Analysis:
Per the OGAL Per Capita Program (Program), eligible projects must be capital outlay for recreational purposes, either acquisition or development, and can only have only have one location. Projects not serving a “severely disadvantaged community” which is defined by the Program as median households whose income is less than 60% of the statewide average, require a 20% match. Grantees must use the grant funds to supplement existing project expenditures, not replace them.
Considering the Program project eligibility and matching requirements for severely disadvantaged comminutes, staff is proposing to submit a project application(s) for any individual or combination of parks on the City’s Park Improvement CIP short-term project list and are referenced in the Parks and Recreation Master Plan.
Per the OGAL Per Capita Program process, a Resolution approving the filing of the application packet is required. The Resolution captures key points including but not limited to the approval of the application, certifies that the grantee has the funds to complete the applied for projects, and that the project(s) are consistent with the grantee’s General Plan and/or Parks and Recreation Master Plan.
Fiscal Impact:
There is no fiscal impact with the adoption of the Resolution. Should the grant be awarded to the City, staff will bring back to the City council a report to request acceptance of the grant and the necessary budget appropriation with local match, if any.
183
Item # C11.
California Environmental Quality Act:
The City Council’s action in adopting this Resolution is exempt from environmental review pursuant to CEQA Guideline 15378(b)(4) as a governmental fiscal activity which does not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment. Instead, if funding is provided, staff will look at the financial allocation and return to the City Council with a specific project or projects along with any required CEQA analysis prior to any discretionary action being taken.
Recommendation:
Adopt a Resolution Approving the Application for $224,543 Per Capita Grant Funds from the State Department of Parks and Recreation and Designating the City Manager as the Authorized Signer on the Grant Agreement with the State of California.
Attachments:
1. Resolution
184
Item # C11.
Resolution Form
Resolution Number: (insert number here)
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MILPITAS APPROVING THE APPLICATION(S) FOR $224,543 PER CAPITA GRANT FUNDS FROM THE STATE
DEPARTMENT OF PARKS AND RECREATION AND DESIGNATING THE CITY MANAGER AS
THE AUTHORIZED SIGNER ON THE GRANT AGREEMENT WITH THE STATE OF C ALIFORNIA WHEREAS, the State Department of Parks and Recreation has been delegated the responsibility by the Legislature of the State of California for the administration of the Per Capita Grant Program, setting up necessary procedures governing application(s); and
WHEREAS, said procedures established by the State Department of Parks and Recreation require the grantee's Governing Body to certify by resolution the approval of project application(s) before submission of said applications to the State; and WHEREAS, the grantee will enter into a contract(s) with the State of California to complete project(s);
NOW, THEREFORE, BE IT RESOLVED that theMilpitas City Council hereby:
1. Approves the filing of project application(s) for Per Capita program grant project(s); and
2. Certifies that said grantee has or will have available, prior to commencement of project work utilizing Per Capita funding, sufficient funds to complete the project(s); and
3. Certifies that the grantee has or will have sufficient funds to operate and maintain the project(s), and
4. Certifies that all projects proposed will be consistent with the park and recreation element of the City of Milpitas General or Recreation plan (PRC §80063(a)), and
5. Certifies that these funds will be used to supplement, not supplant, local revenues in existence as of June 5, 2018 (PRC §80062(d)), and
6. Certifies that it will comply with the provisions of §1771.5 of the State Labor Code, and
7. (PRC §80001(b)(8)(A-G)) To the extent practicable, as identified in the "Presidential Memorandum --Promoting Diversity and Inclusion in Our National Parks, National Forests, and Other Public Lands and Waters," dated January 12, 2017, the City of Milpitas will consider a range of actions that include, but are not limited to, the following:
(A) Conducting active outreach to diverse populations, particularly minority, low - income, and disabled populations and tribal communities, to increase awareness within those communities and the public generally about specific programs and opportunities.
(B) Mentoring new environmental, outdoor recreation, and conservation leaders to increase diverse representation across these areas.
(C) Creating new partnerships with state, local, tribal, private, and nonprofit organizations to expand access for diverse populations. 8 185
Item # C11.
(D) Identifying and implementing improvements to existing programs to increase visitation and access by diverse populations, particularly minority, low-income, and disabled populations and tribal communities.
(E) Expanding the use of multilingual and culturally appropriate materials in public communications and educational strategies, including through social media strategies, as appropriate, that target diverse populations. (F) Developing or expanding coordinated efforts to promote youth engagement and empowerment, including fostering new partnerships with diversity -serving and youth-serving organizations, urban areas, and programs. (G) Identifying possible staff liaisons to diverse populations.
8. Agrees that to the extent practicable, the project(s) will provide workforce education and training, contractor and job opportunities for disadvantaged communities (PRC §80001(b)(5)).
9. Certifies that the grantee shall not reduce the amount of funding otherwise available to be spent on parks or other projects eligible for funds under this division in its jurisdiction. A one-time allocation of other funding that has been expended for parks or other projects, but which is not availa ble on an ongoing basis, shall not be considered when calculating a recipient's annual expenditures. (PRC §80062(d)).
10. Certifies that the grantee has reviewed, understands, and agrees to the General Provisions contained in the contract shown in the Procedural Guide; and
11. Delegates the authority to the City Manager, or designee to conduct all negotiations, sign and submit all documents, including, but not limited to applications, agreements, amendments, and payment requests, which may be necessary for the completion of the grant scope(s); and
12. Agrees to comply with all applicable federal, state and local laws, ordinances, rules, regulations and guidelines.
Approved and adopted the day of __, 20 .
I, the undersigned, hereby certify that the foregoing Resolution Number ________ was duly adopted by the Milpitas City Council following a roll call vote:
Ayes: ______
Noes: ______
Absent: ______
(Clerk)
9 186
Item # C11.
CITY OF MILPITAS
AGENDA REPORT
(AR)
Item Title: Accept the Report for Key 2021 Approved State Laws Impacting Municipal Operations (Staff Contact: Walter C. Rossmann, Deputy City Manager, 408-586- 3012)
Category: Consent Calendar-Leadership and Support Services Meeting Date: 4/5/2022
Recommendation: Accept the Report for Key 2021 Approved State Laws Impacting Municipal Operations
BACKGROUND:
On May 18, 2021, the City Council approved the Legislative Advocacy Policy and Legislative Guiding Principles. The Policy establishes clear guidelines for advancing City goals and positions through legislative review and advocacy at the regional, state, and federal levels of government and to provide guidance for City officials who serve on regional, state, and national boards, committees, and commissions when they are asked to review public policy matters and issues.
Legislation and issues of interest are brought to the City’s attention through several means: League of California Cities, National League of Cities, Cities Association of Santa Clara County, Councilmembers, legislators, City staff, community members, and professional or governmental organizations. Per the Council Policy, all legislation or issues of interest shall be referred to the City Manager’s Office.
ANALYSIS:
According to the attached League of California Cities 2021 Legislative Report, lawmakers introduced over 2,400 bills, far more than in 2019 or 2020. Of the 2,400 bills introduced, both chambers of the legislature approved 836 bills and the Governor signed 770 bills, or 92%, into law. However, only a fraction of these new laws directly affect municipal operations.
This staff report highlights key legislation grouped by City Service Areas (CSA), which staff is required to implement. It is important to note that due to its budget surplus, the State also approved one-time funding to support the production of affordable housing, programs for the unhoused, broadband infrastructure and disaster preparedness, resiliency, and recovery. Staff will monitor these programs for potential local funding opportunities.
Finally, at the end of this section staff provides an update of the legislative advocacy success for 2021.
Community Development CSA
Legislation Title Legislation Description Impact to City Operations Urban Lot Splits
and Two-unit
Developments
(SB 9)
Under SB 9, the City must ministerially approve
certain subdivisions of one lot into two without
discretionary review or a hearing. SB 9 also requires
the City to ministerially approve a proposed two-unit
development project on a lot in a single-family
residential zone without discretionary review or a
hearing. This applies to building two new units or
adding a second one. The City may adopt and
enforce objective development standards on
Qualifying criteria and standards for both by-right
“urban lot splits” and two-unit development projects.
In December 2021, the City
Council adopted an urgency
ordinance to establish objective
development standards for these
mandatory, ministerial lot splits
and two-unit development
projects. No further action is
needed unless the City chooses
to amend any of the adopted
standards.
187
Item # C12.
Legislation Title Legislation Description Impact to City Operations Residential short-
term rental
ordinances:
health or safety
infractions:
maximum fines
(SB 60)
SB 60 increases the maximum fines that the City can
impose for violations of the short-term rental (STRs)
ordinance. The maximum fine amounts for violations
were $100 for the first violation, $200 for a second
violation of the same ordinance within one year, and
$500 for each additional violation of the same
ordinance within one year. For short-term rental
violations that pose a threat to public health or safety, SB 60 increases the maximum fine limits to $1,500
for the first violation, $3,000 for a second violation of the same ordinance within the same year, and
$5,000 for each additional violation of the same
ordinance within the same year. In addition, the City
will need to establish a process for granting a
hardship waiver if payment of the fine would impose
an undue financial burden.
Under SB 60, the City can levy
significantly higher fines on any
violation of the STR Ordinance
that poses a threat to public
health or safety. This is a
powerful tool to enforce
compliance. The City will need
to amend the STR Ordinance to
set the new fines and clarify the
types of violations that pose a
threat to public health and
safety. Staff time will be required
to effectively enforce the STR
ordinance and collect fees.
Additional revenue is anticipated
to be generated through
proactive enforcement of the
STR ordinance and the
collection of new, higher fees.
Housing Element
(AB 215)
AB 215 increases oversight and accountability for
cities that are underperforming on housing
production, including adding SB 8 to the list of
housing laws that the Attorney General (AG) can
enforce. Requires that draft revisions of the Housing
Element be available for public comment for 30 days
and then consider and incorporate public comments
prior to submission to HCD for review. Creates a new
three-year statute of limitations for any action brought pursuant to the AB 72 enforcement process and
allows HCD to appoint or contract with other counsel
to represent the department when the AG declines to
represent HCD in an AB 72 enforcement action.
Building Safety and Housing
Department will take these
legislative changes into account
during preparation of the next
Housing Element scheduled for
Council consideration in the
upcoming months.
Accessory
dwelling units:
separate
conveyance (AB
345)
Under AB 345, the City is now required to allow
accessory dwelling units (ADUs) to be sold or
conveyed separately from the primary dwelling. AB
345 applies only to properties built by qualified
nonprofits that are then purchased and occupied by
qualified low-income buyers.
AB 345 does not apply to or permit the separate sale
or conveyance of junior accessory dwelling units
(JADUs).
Staff may have to bring forward
an amendment to the ADU
ordinance to include something
to the effect of: “Except as
otherwise provided in
Government Code Section
65852.26, no ADU may be sold
or otherwise conveyed
separately from the lot and the
primary dwelling.”
General Plan:
Safety Element
(AB 1409)
AB 1409 requires the City to amend the safety
element of the Milpitas General Plan to identify
evacuation locations, in addition to evacuation
routes, for identified fire and seismic hazards within
the jurisdiction.
Staff will need to evaluate sites
for potential evacuation locations
as part of any revision to the
General Plan safety element,
which may require contracting
with a consultant.
Mitigation Fee
Act — Impact
Fee Nexus Study
Requirements
(AB 602)
AB 602 requires the City to consider additional
factors and information when preparing and adopting
development impact nexus fee studies. The nexus
fee study must include the following analysis:
After Council approvalof the
Metro Specific Plan, staff will
move forward with a
development impact fee nexus
study. The City will need to
ensure that that the scope of 188
Item # C12.
Legislation Title Legislation Description Impact to City Operations Identify proposed new levels and include an
explanation of why the new level of service is
necessary.
For housing developments, a study adopted after
July 1, 2022, must calculate fees proportionate to
the square footage of the units or make findings
explaining why that is not an appropriate method.
Studies must be adopted at a public hearing with
30 days of notice.
Studies must be updated every eight years, with
fee schedules posted on the website.
work for the study addresses the
AB 602 requirements. This will
add to the costs of the overall
project.
Housing Crisis
Act of 2019 -
Extension/Update
(SB 8)
SB 8 extends and makes numerous changes to the
Housing Crisis Act of 2019 (SB 330). It extends the
Act’s sunset by five years to January 1, 2034, and
amends key provisions. SB 8 addresses challenges
identified during implementation, such as unintended
consequences from the displacement provisions for
existing low-income tenants. Key provisions are
focused on expediting affordable and market-rate
construction by providing early vested rights, limiting ad hoc fee increases on housing projects, and
barring local governments from reducing the number
of homes that can be built.
Staff will ensure compliance with
SB 8 when reviewing and
processing housing
development projects.
Budget Trailer
Bills (SB 129 and
AB 140)
The FY 2021-22 Budget Act provides about $4 billion
in funding for housing and homelessness including:
$100 million to the California Housing Finance
Agency (CalHFA) to expand homebuyer assistance,
$250 million for Homekey, and $2 billion in aid to
counties, large cities, and Continuums of Care
through the Homeless Housing, Assistance and
Prevention grant program.
Staff will monitor these funding
sources bills to potentially
secure new resources for
housing for our City.
Community Services and Sustainable Infrastructure CSA
Legislation
Title
Legislation Description Impact to City Operations
Local
government:
water or sewer
service: legal
actions (SB 323)
Plaintiffs must bring a challenge to new or increased
water or sewer rates within 120 days of the effective
date or date of final passage, adoption, or approval
of the ordinance or resolution adopting the water or
sewer rate. Proposition 218 requires local agencies
to mail a notice of proposed new or increased water
or sewer rate to property owners and tenants directly
responsible for the bill at least 45 days before the
public hearing on the rate increases. In order to take
advantage of SB 323’s statute of limitations for retail water or sewer rates, the notice must include a
statement that there is a 120-day statute of
limitations for challenging the rates.
Depending on the final water
wholesale rate increases, staff
may have to bring forward a rate
increase in the coming months.
Further, in FY 2022-23, staff will
bring forward a multi-year rate
setting process for water and
sewer rates. During the
associated Public Noticing
process related to any change in
rates, staff will include SB 323
language stating there is a 120-
day statute of limitations for
challenging the rates.
Organic waste:
reduction
regulations: local
jurisdiction
Under Senate Bill 619, cities, counties and special
districts that failed to adopt enforceable mechanisms
to divert organic waste from landfills in accordance
with SB 1383 regulations before Jan. 1, 2022, may
seek relief from administrative civil penalties.
In December 2021, the City of
Milpitas amended its Municipal
Code in accordance with the SB
1383 regulations. Thus, the City
189
Item # C12.
Legislation
Title
Legislation Description Impact to City Operations
compliance (SB
619)
does not need to seek relief from
penalties as afforded by this bill.
Single-use
Foodware
Accessories and
Standard
Condiments (AB
1276)
This measure requires food and beverage
accessories, such as single-use condiments and
plastic silverware, be available only upon request.
This includes food facilities who use third parties for their take-out food order and delivery. AB 1276 is
effective January 1, 2022. First and second
violations result in a notice of violation, any additional violation carries a $25 fine not to exceed $300
annually. Further, it requires a city, county, or city
and county to authorize an enforcement agency for
the law by June 1, 2022.
The City of Milpitas is in talks with
the County of Santa Clara to
explore enforcement options.
Solid Waste staff is also
discussing potential internal
enforcement procedures.
Youth Service
Organizations.
Child Abuse and
Neglect
Prevention (AB
506)
This measure requires an administrator, employee,
or volunteer of a youth service organization to
complete child abuse and neglect reporting training
and undergo a background check. This measure
also requires a youth service organization to develop
and implement child abuse prevention policies and
procedures that, among other things, ensure the
reporting of suspected incidents of child abuse to
persons or entities outside of the organization. AB
506 additionally authorizes insurers to request
information demonstrating compliance with these
provisions before writing liability insurance for a
youth service organization.
Staff currently does background
checks on all staff and volunteers
(18+) and conducts annual
Mandated Reporter Training.
Current instructions on reporting
abuse in staff handbooks into a
Policy and Procedures Document
will be updated.
Street Closures
and
Designations
(AB 773)
The measure allows a local authority to adopt a rule
or regulation by ordinance to implement a slow street
program, which may include closures to vehicular
traffic or through vehicular traffic of neighborhood
local streets with connections o citywide bicycle
networks, destinations that are within walking
distance, or green space. This measure also
requires the local authority to meet specified
conditions to implement a slow street, including a
determination that closure or traffic restriction is
necessary for the safety and protection of persons
using the closed or restricted portion of the street,
conducting an outreach and engagement process,
and clearly designating the closure or traffic
restriction with specific signage.
Requires the City to adopt
regulations and meet conditions
for implementation of a slow
street program.
Public Safety CSA
Legislation
Title
Legislation Description Impact to City Operations
Military
Equipment
funding,
acquisition, and
use (AB 481)
The measure defines certain equipment used by law
enforcement as “military equipment.” Further the
measure requires public disclosure of equipment and
their uses through approval by the governing body
by May 1, 2022, for continued use of any equipment
purchased before January 2022, oversight by the
governing body, and annual reporting of inventory,
use, and procurement of qualifying equipment.
Staff is bringing forward a policy
for Council consideration at the
April 19 City Council meeting.
190
Item # C12.
Legislation
Title
Legislation Description Impact to City Operations
Release of
Police Personnel
Records (SB 16)
Expands the scope of SB 1421 to include: sustained
findings of unreasonable or excessive use of force,
sustained findings of failure to intervene, sustained
findings of bias, and sustained findings of unlawful
arrest/search.
Delayed implementation until
January 1, 2023. It is unclear if
this bill will be retroactive. If
retroactive, it will require a review
of past discipline cases and the
release of records upon request.
SB 1421 significantly increased
CPRA requests for police
personnel records and SB 16 is
expected to do the same
Leadership and Support Services CSA
Legislation Title Legislation Description Impact to City Operations Clarifying Local
Agencies’ Audit
Obligations for
Land Use Fees
(SB 391)
The Mitigation Fee Act requires local agencies
imposing or increasing fees relating to
development projects to identify the purpose of the
fee, and the use to which it is being put. The fees
must also be deposited in a separate account from
the agency’s other funds and expended only for the
purpose for which they were collected. After each
fiscal year, the City must publicize information
about the amount of the fees collected and what
they were used for.
Currently, any person can
request an audit to determine if
the fee collected by the City
exceeds the amount reasonably
necessary to cover the purpose it
was collected for. If the City has
failed to comply with its legal
disclosure requirements with
respect to the fees for three
consecutive years, the local
agency is required to pay the cost
of the audit rather than requiring
a deposit from the requesting
person. SB 391 adds a
requirement that if the City did
not comply with its disclosure
requirements for three
consecutive years, the City must
include in its audit the data for all
of the years it did not make the
required disclosures.
Claims Against
Public Entities (SB
501)
SB 501 provides a six-month extension by which a
qualifying individual may request leave from the
public entity to present a claim outside the six-
month presentation period and up to one year from
the accrual period. If the governing body fails to act
on an application within 45 days, it is deemed
denied on the 45th day or, if applicable, the last
day of the period provided by agreement between
the applicant and the entity.
Staff has adjusted the City’s
claims handling process to
comply with this new provision.
Public Employees’
Retirement
System,
Disallowed
Compensation
Benefit
Adjustments (SB
278)
This measure requires public agencies, when
CalPERS determines that compensation agreed to
under a collective bargaining agreement is non-
pensionable, to pay penalties in a lump sum and
pay CalPERS the full cost of any overpayment of
paid benefits made to the affected retired member,
survivor, or beneficiary resulting from the
disallowed compensation. The penalty is 20% of
the difference between the monthly allowance with
This burdensome new mandate
shifts responsibility from
CalPERS to the City for any
overpayment of reported
pensionable compensation and
authorizes fines to be paid by the
City for violation of the law.
191
Item # C12.
Legislation Title Legislation Description Impact to City Operations the disallowed compensation and without. Ninety
percent of the penalty goes to the retiree and 10%
goes directly to CalPERS.
Local Government
Meetings: Agenda
and Documents
(SB 274)
This law makes it easier for constituents to become
informed about the actions under consideration by
their local governments and to voice their concerns
in a timely manner. This piece of legislation
requires an agency to mail or email agenda
packets.
Staff has been providing agenda
packets via email, as requested.
2021 Legislative Advocacy Summary:
Consistent with the Legislative Advocacy Policy Guiding Principles, the City submitted 14 legislative advocacy letters supporting or opposing legislation. The table below summarizes the City’s position and outcome of the bills the City opposed or supported. Of the 14 bills advocated for, 5 bills are held in submission by the Senate Appropriations Committee for consideration in the 2022 legislative period. For the remaining 9 bills the City either opposed or supported, the majority of the legislation outcomes were consistent with the City’s position.
Measure
Number and
Sponsor Measure Title Measure Description
City’s
Position
Legislation
Outcome
AB 14
(Aguiar-Curry)
Broadband
Services. California
Advanced Services
Fund.
Reforms the existing California
Advanced Services Fund (CASF)
surcharge to help close the digital
divide.
Support Passed
AB 43
(Freidman)
Speed Limits. Grants local authorities greater
flexibilities in setting speed limits on
the most dangerous local streets.
Support Passed
AB 237 (Gray) Public Employment.
Unfair Practices.
Health Protection.
Prohibits public employers from
terminating, or threatening to
terminate, the health care coverage
and related benefits of employees and
their families during an authorized
strike and grants the Public Employee
Relations Board (PERB) jurisdiction to
enforce this prohibition.
Oppose Passed
AB 585 (Luz
Rivas)
Climate Change.
Extreme Heat and
Community
Resilience Program.
Would establish the Extreme Heat and
Community Resilience Program within
the Office of Planning and Research to
coordinate the state’s efforts to
address extreme heat and facilitate the
implementation of local, regional, and
state planning efforts.
Would award competitive grants to
eligible entities for implementation of
these efforts.
Support still in Senate
Appropriations
Committee,
held under
submission
AB 718
(Cunningham)
Peace Officers:
Investigations of
Misconduct.
Would require a law enforcement
agency to complete its investigation
into an allegation of misconduct
despite the peace officer’s or custodial
officer’s voluntary separation from the
employing agency.
Would also require disclosure of the
investigative findings.
Support still in Senate
Appropriations
Committee,
held under
submission
AB 773
(Nazarian)
Street Closures and
Designations.
Authorizes cities to adopt a rule or
regulation to designate a local street
Support Passed
192
Item # C12.
Measure
Number and
Sponsor Measure Title Measure Description
City’s
Position
Legislation
Outcome
within its jurisdiction as a slow street,
where thru traffic would be banned,
limiting speeds so people could use
the pavement for individual and
community benefits.
AB 1401
(Friedman)
Residential and
Commercial
Development.
Parking
Requirements.
Would prohibit local governments from
imposing or enforcing a minimum
automobile parking requirement for
residential, commercial and other
developments if the parcel is located
within one-half mile walking distance
of public transit.
Oppose still in Senate
Appropriations
Committee,
held under
submission
SB 60 (Glazer) Short-Term Rental
Ordinance
Violations.
Allows cities and counties to impose
larger fines for violations of short-term
rental ordinances up to $5,000 for
each violation.
Support Passed
SB 99 (Dodd) Community Energy
Resilience Act of
2021.
Would require the Energy Commission
(CEC) to develop and implement a
grant program for local governments.
Would also require the CEC to
develop and adopt project evaluation
guidelines for applicants to submit a
funding proposal to develop a
community energy resilience plan.
Support still in Senate
Appropriations
Committee,
held under
submission
SB 270 (Durazo) Public Employment.
Labor Relations.
Employee
Information
Authorizes a public employee
bargaining representative to file an
unfair labor practice claim with PERB if
a public employer fails to provide
certain employee information in a
timely and accurate manner.
Would subject the employer to civil
penalties and a prevailing party’s
attorney’s fees and costs.
Oppose Passed
SB 278 (Leyva) Public Employees’
Retirement System.
Disallowed
Compensation.
Benefit
Adjustments.
Requires a public employer to cover
the cost difference between a retiree’s
pension as originally calculated and as
reduced by California Public
Employees’ Retirement System
(CalPERS) in situations where
CalPERS reduces a retiree’s pension
post-retirement due to CalPERS
determining that inclusion of
compensation agreed to under a
collective bargaining agreement is
nonpensionable.
Oppose Passed
SB 556 (Dodd) Street Light Poles,
Traffic Signal Poles,
Utility Poles, and
Support Structures.
Attachments.
Would have required local
governments to make space available
on streetlight poles, traffic signal poles,
utility poles, and other public
infrastructure to telecommunications
providers in accordance with the
Federal Communications
Oppose Vetoed
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Measure
Number and
Sponsor Measure Title Measure Description
City’s
Position
Legislation
Outcome
Commission's adopted regulations on
wireless services deployment.
SB 780 (Cortese) Public Investment
Authorities.
Provides improved flexibility and
capacity to Enhanced Infrastructure
Financing Districts and Community
Revitalization and Investment
Authorities aimed at increasing
investor confidence and ease of
administration.
Support Passed
SB 792 (Glazer) Sales and Use Tax.
Retailer Reporting.
Would have required online retailers,
with annual taxable sales exceeding
$50 million, to report to CDTFA certain
taxing jurisdiction information of where
a product, purchased online, is
shipped.
Support Vetoed
FISCAL IMPACT:
Any fiscal impact will be identified when the implementation of a particular legislation requires Council approval or funding.
California Environmental Quality Act (CEQA):
By the definition provided in the California Environmental Quality Act (CEQA) Guidelines Section 15378, this action does not qualify as a “project” for the purpose of CEQA.
RECOMMENDATION:
Accept the Report for Key 2021 Approved State Laws Impacting Municipal Operations
Attachment(s):
Attachment 1 – League of California Cities 2021 Legislative Report 194
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Legislative
Report
December 2021
Strengthening California Cities Through Advocacy and Education ATTACHMENT 1
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League of California Cities
2021 Legislative Report
Copies of the Legislative Report may be purchased for:
City Officials $15.00
Non-City Officials $25.00
Price includes sales tax and shipping
10% discount on orders of five or more copies
Please mail payment to: League of California Cities
Publications Department
1400 K Street, Suite 400
Sacramento, CA 95814
Publications: Phone: (916) 658-8200
Fax: (916) 658-8240
www.calcities.org
This document will be available on the Cal Cities website in December 2021. www.calcities.org/advocacy
About the League of California Cities
Established in 1898, the League of California Cities (Cal Cities) is a member organization that represents California’s incorporated cities. Cal Cities strives to protect the local authority and autonomy of city government and help California’s cities effectively serve their residents.
In addition to advocating on cities’ behalf at the California State Capitol, Cal Cities provides its members with professional development programs and information resources, conducts educational conferences and research, and publishes the Cal Cities Advocate weekly newsletter and Western City magazine.
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Legislative Report
2021
Please note: Legislation marked with an asterisk (*) has been identified as high priority by Cal Cities staff.
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Copyright 2021. All rights reserved. This publication is the work product of the League of California Cities and is being provided to city officials in its member cities in electronic form to assist their efforts to track legislation. If information is taken from this document and is used by city officials in member cities for informational and other purposes, Cal Cities requests that the information be attributed to the League of California Cities.
This publication, or parts thereof, may not be reproduced in any form by any person not employed by a member city without the express permission of the League of California Cities.
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Table of Contents i
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TABLE OF CONTENTS
Glossary of Terms ........................................................................................................ iii
2021 Legislative Year in Review .................................................................................. 1 I. Budget and Trailer Bills ....................................................................................... 11 A. 2021 Budget Acts ............................................................................................... 11 B. 2021 Budget Act Trailer Measures ..................................................................... 15 II. Community Services ............................................................................................ 24 A. Aging and Seniors .............................................................................................. 24 B. Animal Services .................................................................................................. 24 C. Arts and Culture .................................................................................................. 25 D. Children, Childcare, and Youth Programs .......................................................... 25 E. Mental and Community Health ........................................................................... 27 F. Natural Disaster Preparedness........................................................................... 27 G. Parks and Recreation ......................................................................................... 28 III. Environmental Quality .......................................................................................... 29 A. Air Quality ........................................................................................................... 29 B. California Environmental Quality Act (CEQA) ..................................................... 30 C. Climate Change .................................................................................................. 30 D. Coastal ............................................................................................................... 31 E. Emergency-Disaster Planning, Response, and Recovery .................................. 32 F. Energy and Utilities ............................................................................................. 33 G. Hazardous Materials and Waste ......................................................................... 35 H. Solid Waste and Recycling ................................................................................. 36 I. Water .................................................................................................................. 38 J. Wildfires .............................................................................................................. 40 IV. Governance, Transparency, and Labor Relations ............................................. 43 A. Political Reform Act of 1974 ............................................................................... 43 B. Elections ............................................................................................................. 44 C. Workers’ Compensation/Healthcare ................................................................... 47 D. Employee Relations ............................................................................................ 49 E. Government Operations ..................................................................................... 51 F. Privacy and Data Protection ............................................................................... 53 G. California Public Records Act ............................................................................. 54 H. Public Employee Retirement System ................................................................. 54 I. Public Meetings .................................................................................................. 55 V. Housing, Community, and Economic Development .......................................... 57 A. Accessory Dwelling Units ................................................................................... 57 B. Economic Development ...................................................................................... 57 C. Affordable Housing ............................................................................................. 58 D. Homelessness .................................................................................................... 60 E. Land Use/Planning ............................................................................................. 62 F. Landlord–Tenant ................................................................................................ 67 G. Mobilehomes ...................................................................................................... 67 H. Budget Trailer Bills ............................................................................................. 68 199
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I. Regional ............................................................................................................. 70 J. Workforce Development ..................................................................................... 71 K. Miscellaneous ..................................................................................................... 71 VI. Public Safety ......................................................................................................... 74 A. Cannabis ............................................................................................................ 74 B. Courts ................................................................................................................. 75 C. Crime & Punishment ........................................................................................... 78 D. Emergency Management ................................................................................... 82 E. Firearms ............................................................................................................. 82 F. Fire/Emergency Medical Services ...................................................................... 83 G. Juvenile Justice .................................................................................................. 84 H. Law Enforcement ................................................................................................ 85 I. Mental Health ..................................................................................................... 87 J. Miscellaneous ..................................................................................................... 87 K. Pandemic Relief ................................................................................................. 88 L. Rehabilitation ...................................................................................................... 89 M.State Services .................................................................................................... 90 VII. Revenue and Taxation .......................................................................................... 92 A. Sales and Use Tax ............................................................................................. 92 B. Property Tax ....................................................................................................... 92 C. Investments and Development Finance ............................................................. 94 D. Fees, Fines, and Miscellaneous ......................................................................... 95 VIII. Transportation, Communications, and Public Works ....................................... 97 A. Electric Vehicles, Emissions, and Vehicle Technology ....................................... 97 B. Public Works and Contracting ............................................................................ 99 C. Telecommunications ......................................................................................... 100 D. Transportation – Funding, Planning, Streamlining, and State Agencies ........... 102 Appendix A - Additional Resources
2021 Budget Act Bills and Trailer Bills .................................................................. 110 Key Organic Waste Legislation and Funding ........................................................ 111 Key Recycling Legislation and Funding ................................................................ 114 Key Broadband Legislation ................................................................................... 117 Appendix B - Cal Cities Staff
Legislative Staff .................................................................................................... 122 Regional Public Affairs Managers ......................................................................... 123 10 Tips for Cities Lobbying the California Legislature ........................................... 124 Effective Letter Writing Techniques ...................................................................... 125 Index of Chaptered Bills ........................................................................................... 127
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Glossary of Terms
ABC Alcohol Beverage Control
ARPA American Rescue Plan Act
BART Bay Area Rapid Transit
BCC Bureau of Cannabis Control
CAC California Arts Council
CALFIRE California Department of Forestry and Fire Protection CalOES California Office of Emergency Services
CalPERS California Public Employees Retirements System CalRecycle California Department of Resources Recycling and Recovery CalSTRS California State Teachers Retirement System
Caltrans Department of Transportation
CalWORKs California Work Opportunities and Responsibility to Kids Program CARB California Air Resources Board
CASF California Advanced Services Fund
CCA Community Choice Aggregation
CCC California Coastal Commission
CDCR California Department of Corrections and Rehabilitation CDPH California Department of Public Health
CDWB California Workforce Development Board
CEC California Energy Commission
CEQA California Environmental Quality Act
CPUC California Public Utilities Commission
CRIA Community Revitalization and Investment Authority C.R.I.S.E.S. Community Response Initiative to Strengthen Emergency Systems CRV California Redemption Value
CSPP California State Preschool Program
CTC California Transportation Commission
DEA Drug Enforcement Administration
DDTP Deaf and Disabled Telecommunications Program
DIVCA Digital Infrastructure and Video Competition Act DMV Department of Motor Vehicles
DOJ Department of Justice
EIFD Enhanced Infrastructure Financing District
EV Electric Vehicle
FCC Federal Communications Commission
FEHA Fair Employment Housing Act
FPPC Fair Political Practices Commission
GGRF Greenhouse Gas Reduction Fund
HCD Department of Housing and Community Development
MAUCRSA Medicinal and Adult Use Cannabis Regulation and Safety Act NOI Notice of Intent
OPR Office of Planning and Research
POST Peace Officers Standards and Training
SOS Secretary of State
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SPI Superintendent of Public Instruction
SWRCB State Water Resources Control Board
VoIP Voice over Internet Protocol
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LEGISLATIVE YEAR IN REVIEW
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2021 Legislative Year in Review
For many, the beginning of 2021 felt like a continuation of 2020, as COVID-19 continued to significantly impact the globe, and cities throughout the state were still reeling from the economic impacts of the pandemic. On the legislative side, 2020’s truncated legislative session was defined more by Gov. Gavin Newsom’s executive authority than state lawmakers taking action. And worst of all, any guarantee of state or federal relief for cash-strapped cities was tepid at best.
One silver lining from the mayhem of the 2020 legislative session — which ended with a crying newborn, a cursing legislator, and two COVID-19 outbreaks — was that the League of California Cities was able to build upon key relationships in the Legislature to advance top priorities for cities in 2021. Many important bills that died in 2020 came back, often with favorable results for cities. Moreover, the state’s historic budget surplus of $100 billion, along with $8 billion for California cities through a federal relief package, created new opportunities to fund an array of city priorities.
Lawmakers were also more focused this year, introducing a whopping 2,421 bills, far more than in 2019 or 2020. Cal Cities monitored more than 70% of the bills introduced and engaged on the most important measures to cities. Of the 836 bills to reach the Governor’s desk, 92% were signed. Further, the Governor’s actions aligned with Cal Cities’ positions on bills 70% of the time, highlighting how critical it is that we engage on bills in the legislative process to try to stop or get amendments to those impacting cities the most.
Although this year seemed in many respects to be a repeat of 2020, the legislative results are anything but. Cal Cities’ many — and at times, monumental — wins this year at the state and federal level have demonstrated the strength of our organization, and most importantly, our members. Together, we successfully advanced each legislative priority in our 2021 Action Agenda.
An $8 billion lifeline for cities
At the beginning of the year, the state announced that it was flush with cash, despite predictions to the contrary, and the federal government was poised to deliver billions in aid to American families and businesses in yet another relief package. Unfortunately, both seemed reluctant to provide funding relief for cities, which had provided many new, pandemic-related services while maintaining existing services with shrinking budgets.
Statewide, cities were facing a $7 billion shortfall. Save for $500 million in CARES Act state funding in 2020, cities had been left to fend for themselves. Many powerful lawmakers at the federal level openly balked at the idea of providing any relief to cities.
In March, Cal Cities’ year-long research, lobbying, and grassroots efforts finally paid off.
Thanks to strong partnerships with the state of California and our Support Local Recovery coalition, as well as national partners like the National League of Cities, Cal Cities delivered on its first Action Agenda item: $8 billion in direct, flexible funding for 204
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cities of all sizes through the American Rescue Plan Act. The historic funding package has already had a transformative effect on many communities.
However, dollars do not guarantee success. Cal Cities worked closely with the U.S.
Department of the Treasury and the California Department of Finance throughout the year to ensure cities’ concerns were addressed during the federal rulemaking process and that the application process was streamlined. Those partnerships ensured that every city in California received American Rescue Plan Act dollars. Working closely with the Department of Finance to get processes established quickly helped California be one of the first states to distribute funding to all its municipalities, whereas other states continue to struggle to do so. Cal Cities involvement was key to ensuring expedited and streamlined distribution of funds here at home while also keeping city officials updated with important information about resources and processes to access these funds through regular updates on our Guide to Local Recovery
webpage.
The state made a significant investment in the production of affordable housing, but high-profile housing bills undermined local control
For years, Cal Cities has sought ongoing dedicated funding from the state to help address California's affordable housing crisis while preserving local decision-making.
And for years, the state and Legislature has responded by proposing — or worse, passing — inflexible statewide mandates that prioritize the needs of developers over local communities, while simultaneously failing to provide any long-term resources to help cities plan for housing. Some bills have even upended or hindered existing housing plans. As a Cal Cities legislative priority this year, we fought hard to stave off housing bills that were most harmful to cities and supported bills to help cities plan for more housing. Some of the housing bills that undermine local decision-making made it through and were signed by the Governor, while important budget bills were largely positive for cities.
The state continued this year to make homelessness a budget priority. In total, the 2021-22 budget
provides $10 billion for affordable housing and homeless programs.
The budget specifically includes more than $2 billion over the next two years to help cities address homelessness and $2.2 billion for Homekey. The budget also includes more than $750 million to support affordable housing development. This funding marks an important shift from providing less generous, one-time funding to cities to address homelessness, to the state providing $1 billion annually for the next two years.
Additionally, the Legislature and the Governor have committed to making funding to address homelessness an annual priority.
In another significant win for cities, several bills infringing upon local control became two-year bills or failed to advance entirely, including AB 500 (Ward), AB 1401
(Friedman), and AB 989 (Gabriel). These bills would have added more decision-makers to the housing plan process, which would adversely impact cities, and would have likely stalled existing efforts to build more affordable housing.
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Unfortunately, two bills of significant concern were ultimately signed into law, despite the fervent objections of California's city leaders: SB 9 (Atkins) and AB 215 (Chiu). More than 240 cities joined Cal Cities in opposition to SB 9, which will require local governments to ministerially approve a housing development containing two residential units in single-family zones and urban lot splits. This ‘by right’ or mandatory approval scheme changes the rules midstream and as a result, may hinder housing plans already being implemented.
AB 215 slows existing housing efforts by adding a step to the housing element certification process requiring 40 additional days. Moreover, a last-minute amendment created a new three-year statute of limitations for any housing plan enforcement process. It also allows the Department of Housing and Community Development to appoint or contract with other counsel to represent the department in such cases if the Attorney General declines to represent them.
Cal Cities expects to see additional proposals over land use authority in the next session, particularly on state funding reporting requirements — which were not fully codified in this year’s budget trailer bills — and single-family zoning. Cal Cities continues to prioritize the need for resources to support the construction of affordable housing while preserving local control. Ultimately, this problem affects all Californians and requires extensive collaboration at the local, regional, and state levels.
California passes largest public broadband infrastructure investment in the country
The pandemic shined a glaring floodlight on many of the state's inequities, including the massive digital divide. For years, Cal Cities has advocated for high-quality, affordable broadband in rural, urban, and suburban communities. In 2020, Cal Cities came close to securing a funding package, which ultimately crumbled due to legislators in-fighting during the end-of-session chaos, while many Californians struggled to stay connected while working from home and having children doing school remotely.
Protecting and modernizing infrastructure was another Cal Cities priority this year and we pushed legislators hard on the issue. By the summer our efforts paid off. In July, the state passed a $6 billion broadband package
— the country’s largest public broadband
infrastructure investment. Unlike previous funding attempts, this bill provides local leaders more opportunities to participate in broadband deployment. It also prioritizes the construction of networks in unserved areas, as well as those with lower speeds not suitable for education, commerce, and video conferencing. This ensures that services benefit those needing them the most.
Cal Cities also worked closely with Assembly Member Cecilia Aguiar-Curry and Senator Lena Gonzalez, who have long advocated for high-speed, widely available, and reliable broadband to develop two complementary bills: AB 14 (Aguiar-Curry) and SB 4
(Gonzalez). The two measures prioritize equitable broadband deployment and make important separate tweaks to the California Advanced Services Fund, which supports 206
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broadband deployment. While a last-minute industry push was made to kill SB 4, cities came out strong, advocating to legislators about the need for these bills, which secured their passage in the Legislature and the Governor’s signature on both bills. These two lawmakers were honored for their persistent work to bring broadband to California's unserved and underserved neighborhoods with the 2021 Distinguished Legislative Leadership Award at the Cal Cities 2021 Annual Conference and Expo.
AB 14 and SB 4 also were accompanied by a welcomed veto of SB 556 (Dodd) , which
would have forced local governments to make space on public infrastructure available to telecommunications providers. The Governor’s veto message largely mirrored Cal Cities’ arguments, with Gov. Gavin Newsom noting that provisions of the bill “conflict with and complicate some of the FCC requirements.” He also stated, “part of our achievements laid out in the broadband budget bill, SB 156 (Chapter 112, Statutes of 2020), enables and encourages local governments to take an active role in last mile deployment and, in doing so, drive competition and increase access.”
Cities could not have had a better year regarding affordable and reliable broadband.
Collectively, these wins are the result of years of continued intense advocacy from Cal Cities and its members. Cities put themselves at the forefront of a national conversation about broadband access and demonstrated their capability to provide high-quality services to all their residents. In doing so, we were able to fend off bad bills and lay the groundwork for transformative change in cities.
Cal Cities secures much-needed funding for disaster preparedness, resiliency, and recovery
With unprecedented pandemic-related shortfalls, legislators and the Governor were forced to rework the 2020 state budget. One of the first major areas that was chopped was disaster preparedness, resiliency, and recovery. The narrative was substantially different in 2021. For starters, the state’s coffers were overflowing providing significant opportunities to create and reimagine programs and provide resources. Second, California was entering another devastating — and likely multi-year drought — as well as an increasingly long and volatile fire season. It was clear that direct, flexible funding was desperately needed for those on the frontlines of climate change: cities.
With strengthening community disaster preparedness, resiliency, and recovery as another Cal Cities priority in 2021, and building on last year’s work, Cal Cities partnered with key legislators to secure $4.5 billion in the state budget to help cities prepare for, fight, and recover from wildfires, as well as update local coastal plans and fund urban climate resiliency programs. In the final days of the legislative session, lawmakers also passed SB 155 (Committee on Budget and Fiscal Review) and SB 170 (Skinner) , two
trailer bills that provide millions for climate resiliency and disaster preparedness.
Notably, SB 155 contains an ongoing, ten-year appropriation of $200 million to CAL FIRE for healthy forest fire prevention programs, prescribed burns, and other fuel reduction projects.
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In 2020, the state could not even agree on a one-time climate change package. This year, every issue area, from sea level rise to extreme heat mitigation, received state funding.
Major Brown Act relief secured; proposed unfunded mandate vetoed
In addition to Cal Cities’ top four priorities in our 2021 Action Agenda, other issues emerged and were a focus for our advocacy efforts. Unsurprisingly, Brown Act relief and modernization was a critical priority issue for many city officials in 2021. Last March, the Governor issued Executive Order N-29-20, which was followed by subsequent executive orders, allowing cities to conduct remote meetings under modified Brown Act requirements. The Legislature passed, and the Governor signed, AB 361 (Robert Rivas)
shortly before the order was set to expire, which allows cities to conduct remote meetings under some similar conditions and rules, while also expanding this to include any declared state of emergency. At the urging of Cal Cities and other local government associations, the bill was amended to include an urgency clause, allowing cities to provide services and conduct city business safely and uninterrupted.
From the moment AB 339 (Lee)
was introduced, Cal Cities led a coalition in strong
opposition to the bill. While cities are committed to conducting public meetings transparently and providing opportunities for public participation, AB 339 was the wrong approach. The bill failed to consider the practical impacts of unlimited remote public comment on local agencies’ ability to both deliberate and act on items of importance to the public. The measure would have required cities to provide call-in and internet-based options, in addition to in-person options, for members of the public during any public meeting. By not including any clear ability to limit participation or length of testimony, the bill would have allowed a relatively small group of people from anywhere in the world to disrupt a local government meeting. With continued pressure from Cal Cities and local governments, the bill was significantly amended but remained problematic.
Although AB 339 passed out of the Legislature, it eventually was vetoed by the Governor, who shared many of Cal Cities’ concerns. He noted that the bill would “set a precedent of tying public access requirements to the population of jurisdiction,” “limits flexibility and increases costs for the affected local jurisdictions trying to manage their meetings,” and “puts the health and safety of the public and employees at risk.”
The Governor’s veto is important; however, much work remains to be done as we are actively looking at ways to revise and modernize the Brown Act to increase public access while protecting public health and safety.
Pandemic regulatory relief maintains local control
In a move to support California’s post-pandemic recovery, the Governor and the Legislature almost unanimously approved several pieces of legislation to build upon some of the state’s more successful pandemic-era rules: SB 314 (Wiener), AB 61
(Gabriel), and SB 389 (Dodd). All three Cal-Cities supported measures provide some 208
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regulatory flexibility or relief to qualified businesses serving alcoholic beverages in nontraditional spaces due to indoor dining restrictions. Cal Cities worked closely with SB 314’s and AB 61’s authors to secure key amendments that preserve local authority.
A good year for organic waste diversion
Although Cal Cities focuses much of its advocacy efforts on its yearly Action Agenda, it is also responsive to the evolving needs of cities. One key issue in 2021 was the need for additional funding and time to implement SB 1383 (Lara, 2016) organic waste
diversion regulations. Cal Cities worked closely with its members through a survey and a series of roundtables to determine the extent of the issue and with Senator John Laird on a legislative solution.
A longtime assembly member, former budget chair, and former Natural Resources Agency Secretary, Senator Laird was instrumental in helping cities secure funding and flexible compliance pathway. SB 170 (Skinner)
includes $60 million in grant funding to
help cities implement SB 1383 regulations and more than $100 million for organic waste infrastructure. Although far less than Cal Cities’ original ask, it is still the largest amount of money ever set aside for cities in a single fiscal year for SB 1383 implementation.
Additionally,
SB 619, which Senator Laird authored, gives local governments a pathway to compliance with SB 1383 and Cal Cities more time to secure additional SB 1383 funding.
Senator Laird ultimately was awarded the 2021 Distinguished Legislative Leadership Award at Cal Cities’ 2021 Annual Conference and Expo for his work in providing additional funding and time for SB 1383 regulations.
A good year for other environmental issues
For years, Cal Cities has been heavily involved in attempts to overhaul California’s plastic recycling system, a desire shared by many lawmakers, most notably Senator Ben Allen. This year, several innocuous, but notable recycling bills finally passed — despite fervent opposition from industry groups, potentially setting up a larger fight in 2022, including at the ballot box.
One of the more noteworthy measures is SB 343 (Allen)
which clarifies which materials
are suitable for recycling. Due to decades of greenwashing, many consumers wrongly assume that all materials with the word “recyclable” or the “chasing arrows” symbol are recyclable. These designations now will be reserved for materials that are truly recyclable and routinely sold to manufacturers to make new products. These changes will reduce contamination, lower waste volume, and improve recycling rates. SB 343 passed due to a coalition of nonprofits and local government partners, including Cal Cities.
Cal Cities also worked closely with cities and lawmakers to pass AB 1311 (Wood) . Cal
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Representatives of California, identified a crisis-in-making early on — zero access to certified recycling centers in numerous counties. Using that information, Assembly Member Jim Wood crafted AB 1311, which expands the number of beverage container redemption opportunities under the California Beverage Container Recycling and Litter Reduction Act. The bill, which is a strong step in the right direction, will help create new opportunities for consumers to redeem their California Redemption Value and preserve the program's core functions.
Unlike last year, dozens of environmental quality bills advanced to the Governor’s desk.
Other significant bills include SB 1 (Atkins)
, which establishes new planning,
assessment, funding, and mitigation tools for California to address and respond to sea level rise, and
SB 323 (Caballero) that gives public agency water and sewer rates the same protections already afforded to fees and charges that fund other essential government services.
SB 640 levels the playing field for key transportation funding process
Transportation funding continues to be an issue for cities struggling to maintain their roads, streets, and bridges. Cities seek creative ways to leverage their existing funds to help deliver needed local and regional projects. One strategy to successfully finance projects is to partner with other jurisdictions to pool transportation funds. However, under SB 1 (Beall, 2017), it was unclear if cities had the authority to jointly sponsor local streets and roads projects. SB 640 (Becker)
clarifies this additional flexibility for cities to
access the funding while teaming up with other cities or counties.
Under SB 640, two or more eligible cities, or one or more cities and a county, can combine resources on projects that affect multiple jurisdictions. The bill also consolidates reporting requirements into a single report making it easier for cities to provide required information. A desperately needed bill, both changes will allow cities to negotiate more competitive rates, thus maximizing SB 1 dollars on regional projects, and adding flexibility to the spending of that funding.
While this is a step in the right direction, continued talks around a more sustainable funding source for road maintenance and construction are urgently needed.
Major pension bill unfairly punishes cities
Despite opposition from Cal Cities members and coalition partners SB 278 (Leyva) will
become law in 2022. Under SB 278, if CalPERS determines that compensation agreed to under a collective bargaining agreement is non-pensionable, cities must pay penalties to the affected retired member, survivor, or beneficiary and CalPERS, with 10% going directly to CalPERS. This creates both a conflict of interest for CalPERS and places 100% of the total liability for such overpayments on public agencies. SB 278 is a de facto and retroactive benefit enhancement measure that will further strain local agency budgets at a time where the impacts of COVID-19 and retirement obligations are making it exceedingly difficult to effectively provide critical services for the public. 210
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Revenue and taxation measures yield mostly positive results
This year, lawmakers were reluctant to alter the existing revenue and taxation laws as many communities were still struggling to recover from the pandemic. Cal Cities worked extensively to educate key lawmakers about these impacts, resulting in several bills being held. As a result, 2021 was a good year for cities in the revenue and taxation space, except for a key sales tax measure that failed to secure the Governor’s signature.
Two Cal Cities-supported bills, SB 60 (Glazer) and SB 219 (McGuire) , were passed and
signed. SB 60 allows cities and counties to impose larger fines for violations of short- term rental ordinances up to $5,000 for each violation, which will help prevent public health and safety violations related to short-term rentals. SB 219 provides much-needed flexibility to residents unable to pay their property taxes due to economic hardship caused by a shelter-in-place order. Additionally,
SB 555 (McGuire), a bill that would
have resulted in less effective tax collection from short-term rentals, was turned into a two-year bill.
SB 792 (Glazer)
aimed to better inform the public’s understanding of online transactions and the flow of goods across the state with new, modernized reporting requirements.
Cal Cities members and others advocated for better data about these transactions.
However, the Governor vetoed the bill, noting that it creates a “burdensome and costly new reporting requirement for many retailers that is unrelated to their tax obligations.” Cities will have to continue relying on current analysis, which is constrained to modeling based on transaction and use tax (district tax) data from about half of California’s 482 cities.
Key amendments secured for significant police reform bills
After the senseless death of George Floyd and the civil unrest that followed, it became clear that public safety and police reform policy would be a major priority of the Legislature this session. The Cal Cities Board of Directors voted in December 2020 to create a Public Safety Task Force, which would provide feedback and recommendations on public safety policy priorities. This allowed Cal Cities to remain highly engaged on these issues throughout the year, negotiating amendments that removed some of the more contentious elements for cities, while preserving the bills’ core functions and promoting appropriate transparency, reporting, and certification standards.
Cal Cities, California State Sheriffs Association, and the California Correctional Peace Officers Association, played a key role in securing amendments to SB 16 (Skinner) . As
previously drafted, the measure would have made every incident involving unreasonable or excessive force and any sustained finding that an officer failed to intervene in such cases subject to disclosure. The bill now only mandates the disclosure of substantiated claims. Cal Cities and others removed their opposition, paving the way for the Governor’s eventual signature.
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Cal Cities also secured substantial amendments to SB 2 (Bradford), which undercuts the federally held doctrine of qualified immunity and outlines a largely unworkable peace officer decertification process. The amendments Cal Cities negotiated addressed financial concerns related to lawsuits under the Tom Bane Civil Rights Act, which would have seriously impacted cities financially. While these were critical amendments, Cal Cities remained opposed to the bill largely due to the new Peace Officer Standards and Training Commission advisory board, which removes police chiefs from the decision- making process. Despite our continued opposition, the Governor signed this measure.
Cal Cities supported AB 89 (Jones-Sawyer)
after the author addressed concerns about
the measure's impact on recruitment and a lack of access to higher education in some communities. The signed bill takes a nuanced, collaborative, and thoughtful approach to the law enforcement certification process. This measure includes the requirement to create a modern policing degree program by June 2023, as well as recommendations to provide financial assistance for students from historically underserved and disadvantaged communities.
One of the last bills the Governor acted on was AB 603 (McCarty) , which he vetoed.
The bill would have required cities to post details about money spent on law enforcement-related settlements and judgments online. Cal Cities argued that the measure would both undermine trust — as most defendants settle with the plaintiff out of economic necessity — and impose a significant, non-reimbursable cost statewide.
The Governor partially agreed with Cal Cities, noting that the information is already available and could “have potentially significant General Fund costs associated with [it].”
The bills passed this year largely mirror Cal Cities recently adopted peace officer decertification process policy. Bad actors need to be held accountable, but in a way that does not remove cities from the decision-making process. Bills like SB 2 (Bradford), while far from perfect, make moves in the right direction. Cal Cities will continue to focus advocacy efforts on improving that process and ensuring its transparency and effectiveness.
In short, 2021 yielded positive legislative results for cities, largely thanks to the efforts of Cal Cities and California’s city officials. Despite monumental — and at times, seemingly insurmountable challenges — local leaders rose to the occasion and made sure lawmakers knew how bills would impact their communities.
But city leaders were not just their greatest advocates. They also demonstrated that, when given the right tools and information, cities can find solutions to some of the nation's most pressing problems. Working together with state and federal lawmakers, Cal Cities and its members were able to deliver some truly historic outcomes for California's many diverse communities.
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Outlook for 2022
Next year will undoubtedly be another interesting year. Several key housing bills that failed to materialize may resurface in 2022, and a statewide drought and the continuing effects of climate change will influence many legislative conversations around water infrastructure, disaster preparedness, and climate resiliency. Pension sustainability, infrastructure funding, and other public safety reforms will also remain hot-button issues, all as local communities continue to recover from the economic and public health impacts of the pandemic.
The policy fight will not just be confined to the halls of the Capitol. Next year is also an election year, which means voters will be asked to decide the fate of several ballot initiatives in November 2022, many of which may significantly impact cities.
The 2022 election, as well as new redistricting lines, will certainly impact decisions and priorities in Sacramento. The Governor, as well as many lawmakers, will be up for reelection, some in new legislative districts. The election will most likely impact the Legislature’s legislative agenda but given the Governor’s large margin of victory in the recall election, it’s difficult to anticipate how his reelection campaign may impact his priorities in 2022.
Given the magnitude of legislative issues that are left to be resolved and the ballot measure fights ahead of us, it will be more important than ever that in 2022 cities are united in their effort to affirm local decision-making. Cal Cities will continue to fight on behalf of cities to ensure that their voices are heard loud and clear in the Capitol, and remain laser-focused on advancing the priorities that matter most to city leaders.
Together, we will work to uphold local authority, advance our legislative priorities, and improve the quality of life for the Californians that call our communities home.
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BUDGET AND TRAILER BILLS
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I. Budget and Trailer Bills
A. 2021 Budget Acts
AB 128 (Ting) Budget Act of 2021.
Chapter 21, Statutes of 2021 (Urgency)
Cal Cities has prepared a comprehensive summary of this measure in Appendix A of this document.
AB 161 (Ting) Budget Act of 2021.
Chapter 43, Statutes of 2021
This measure contains revisions to the Budget Act of 2021 (AB 128). Notable for local governments, this measure includes the following provisions:
Environmental Quality
• $500 million General Fund available for wildfire prevention and forest resilience activities in 2021-22, upon order of the Department of Finance; and • $15 million for the San Joaquin River Conservancy for operations and maintenance.
Statewide Government
• $28.4 million General Fund for counties related to the Gubernatorial Recall Election.
AB 164
(Ting) Budget Act of 2021.
Chapter 84, Statutes of 2021
This measure contains revisions to the Budget Act of 2021 (AB 128). Notable for local governments, this measure includes the following provisions:
Transportation, Communications, and Public Works
This measure provides the following investments in broadband infrastructure, as follows:
• $2 billion for last-mile broadband infrastructure, which will increase connectivity and affordability for underserved and unserved rural and urban communities; • $3.25 billion for a statewide, open-access, middle-mile network, to make it easier for internet providers to provide faster, cheaper service throughout the state; and • $750 million to establish a new loan loss reserve account to provide collateral to local governments issuing bonds for municipal broadband deployment.
SB 129
(Skinner) Budget Act of 2021.
Chapter 69, Statutes of 2021
This measure contains major revisions to the Budget Act of 2021 (AB 128). Notable for local governments, this measure includes the following provisions:
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Revenue and Taxation
The state continues utilizing its record surplus to pay down debt, honor deferrals, and prepare for rising outyear costs. Notably, the budget agreement includes the following:
• The reserve funds include: $15.8 billion in the Proposition 2 Budget Stabilization Account (Rainy Day Fund) for fiscal emergencies, $900 million in the Safety Net Reserve, $4.5 billion in the Public School System Stabilization Account, and an estimated $4 billion in the state’s operating reserve; and • The budget continues to pay down the state’s long-term retirement liabilities, with $3.4 billion in payments required by Proposition 2 in 2021-22 plus $7.9 billion in additional payments over the next three years.
Housing and Homelessness
Housing
• $50 million for the Serna Jr. Farmworker Housing Grant Program at the Department of Housing and Community Development;
• $10 million for a grant program for local governments to incentivize the conversion of idle commercial properties to affordable housing; • $50 million in one-time General Fund resources to expand the Golden State Acquisition Fund (GSAF), which, combined with matching funds, GSAF makes up to five-year loans to developers for acquisition or preservation of affordable housing; and
• $100 million to the California Housing Finance Agency (CalHFA), to expand CalHFA’s homebuyer assistance program and begins the process of developing the California Dream for All First Time Homebuyer Program to be used for homebuyer assistance.
Homelessness
• $250 million in General Fund for Homekey within the Multifamily Housing Program, bringing the total investment to $1.45 billion; • $4 million for a homeless data system at the Business, Consumer Services, and Housing Agency;
• $285 million General Fund for the Department of Social Services for the CalWORKs homeless program;
• $50 million to address encampments for persons experiencing homelessness; • $300 million General Fund one-time for the Home Safe Program over two years to help combat senior homelessness; and
• $380 million one-time for the CalWORKs Housing Support Program over two years to house families in the program and help them avoid eviction.
Environmental Quality
Climate Resiliency Package
• $2.5 billion in General Fund.
o $730.7 million for water and drought resilience package; o $440 million on a one-time basis for a climate resiliency package; 216
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o $65 million on a one-time basis for a circular economy package; o $200 million for local parks grants; and
o $258 million for wildfire prevention and forest resiliency package.
Office of Planning and Research (OPR)
• $185 million to OPR for cities for local assistance, $150 million to the 13 largest cities, and $35 million to all cities under 300,000 population.
Sea Level Rise
• $40 million for sea level rise grants for support or local assistance to local governments.
Wildfire
• Approximately $39.5 million from the Greenhouse Gas Reduction Fund (GGRF) to the California Department of Forestry and Fire Protection (CAL FIRE) for healthy forest and fire prevention programs and projects that improve forest health and reduce greenhouse gas emissions caused by uncontrolled wildfires; and
• $35 million from the GGRF to CAL FIRE to complete prescribed fire and other fuel reduction projects through proven forestry practices consistent with the recommendations of the Forest Carbon Plan, including the operation of year- round prescribed fire crews and implementation of a research and monitoring program for climate change adaptation.
Water
• $663 million for local assistance to Department of Water Resources; includes $100 million for urban community drought relief and $3 million for immediate drought support;
• $1.385 billion to the State Water Resources Control Board; includes $650 million each for drinking water and wastewater projects; and
• $985 million to forgive residential and commercial customer arrearages and water enterprise revenue shortfalls from March 4, 2020, to June 15, 2021.
Energy
• $993.5 million for California Arrearage Payment Program to reduce delinquent electricity and natural gas utility bill balances for customers experiencing economic hardship from COVID-19.
Transportation, Communications, and Public Works
• $2.7 billion in funding for a variety of programs related to zero-emission vehicles. o $525 million for the Clean Vehicle Rebate Project;
o $500 million for zero-emission vehicle charging and fueling infrastructure; o $500 million in funding for the Clean Truck, Bus, and Off-Road Vehicle and Equipment Technology Program;
o $125 million in zero-emission vehicle manufacturing grants; 217
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o $475 million for drayage trucks, transit buses, and school buses, and associated infrastructure;
o $407 million for zero-emission transit investments; and o $50 million for near-zero truck replacement.
• $350 million for the first year of a $400 million transportation adaptation grant program; and
• $328 million for a variety of beautification and improvement projects along the state highway system and local streets and roads.
Public Safety
Cannabis
The budget agreement contains spending allocations to transition provisional licenses to more permanent annual licenses under the new Department of Cannabis Control, including:
• $30 million for fee waivers and deferrals for social equity applicants; and • $100 million allocated for the Local Jurisdiction Assistance Grant Program, which will provide funding to local jurisdictions with commercial cannabis licensees needing the greatest assistance in transitioning from a provisional license to an annual license.
SB 170
(Skinner) Budget Act of 2021.
Chapter 240, Statutes of 2021
This measure contains revisions to the Budget Act of 2021 (AB 128). Notable for local governments, this measure includes the following provisions:
• $50 million for urban greening and urban forestry projects; • $10 million for regional climate assistance, and $115 million for the Transformative Climate Communities program through the Strategic Growth Council;
• $25 million to the Governor’s Office of Planning and Research through the Integrated Climate Adaptation and Resiliency Program for climate resiliency planning and implementation grants;
• $100 million to CAL FIRE, including for priority urban forestry projects; • $25 million in fiscal year 2022-23, and $75 million in fiscal year 2023-24, to OPR for projects that mitigate the impacts of extreme heat or the urban heat island effect;
• $40 million in various grants to further the creation of a circular economy by funding recycling and organic waste infrastructure projects; and • $130 million from the GGRF for waste reduction and management; including $60 million for local jurisdictions to implement the CalRecycle SB 1383 (Lara, Statutes of 2016) organic waste diversion regulations, and $70 million for organic waste infrastructure.
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B. 2021 Budget Act Trailer Measures
AB 88 (Cmte. on Budget) One-Time Stimulus and Grant Payments. Garnishment.
Exclusion From Gross Income.
Chapter 12, Statutes of 2021
This measure amends the Golden State Stimulus Act established in SB 88 (Cmte. On Budget and Fiscal Review, Chapter 8, Statutes of 2021) to exempt the stimulus payments from garnishment orders, exclude the stimulus payments from the definition of gross income, and other technical changes.
AB 137 (Cmte. on Budget) State Government.
Chapter 77, Statutes of 2021
This measure implements the following actions notable for local governments related to state administration:
• Establishes the Forced or Involuntary Sterilization Program within the California Victim Compensation Board to provide reparations for the survivors of state- sponsored sterilization;
• Waives fees for state gambling licenses between Jan. 31, 2020, to July 31, 2021; and
• Creates the Solar Restitution Program to provide restitution for homeowners that have been defrauded by solar installers after Jan. 1, 2016. This measure sunsets on June 30, 2024.
AB 140 (Cmte. on Budget) Housing.
Chapter 111, Statutes of 2021
This measure includes the following provisions and funding for housing and homelessness:
• $2 billion in aid to counties, large cities, and Continuums of Care through the Homeless Housing, Assistance and Prevention grant program; • $50 million for Encampment Resolution Grants, which will help local governments resolve critical encampments and transition individuals into permanent housing;
• $2.7 million in one-time funding for Caltrans Encampment Coordinators to mitigate safety risks at encampments on state property and to coordinate with local partners to connect these individuals to services and housing; • $250 million for the Infill Infrastructure Grant Program and extends the lifetime of the program to Jan. 1, 2026; and
• A statutory exemption for the California Environmental Quality Act for activities funded by the second round of funding for Homekey.
AB 141 (Cmte. on Budget) Budget Act of 2021. Department of Cannabis Control.
Licensure. Safety and Quality Assurance.
Chapter 70, Statutes of 2021
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functions, responsibilities, and jurisdiction for commercial cannabis activities previously divided among the Bureau of Cannabis Control, the Department of Food and Agriculture, and the Department of Public Health. Further information is included on the Cal Cities website in the publication
Seed to Sale: A Guide to Regulating Cannabis in
California Cities.
AB 145 (Cmte. on Budget) Public Safety.
Chapter 80, Statutes of 2021
This measure implements the following actions related to public safety that are notable for local governments:
• Authorizes counties to enter into contracts with the state to train justice-involved youth in firefighting skills at the Pine Grove Youth Conservation Camp; • Establishes the County Resentencing Pilot Program to exercise prosecutorial resentencing discretion between district attorneys, county public defenders, and community-based organizations;
• Modified the California Community Corrections Performance Incentives Act allocation formula for the 2021-22 fiscal year; and
• Authorizes the Governor’s Office of Emergency Services to provide financial reimbursements for the conduction of medical evidentiary examinations of sexual assault survivors.
AB 148 (Cmte. on Budget) Public Resources.
Chapter 115, Statutes of 2021
This measure makes the following changes to the Public Resources Code as follows:
• Establishes the California Water and Wastewater Arrearage Payment Program within the State Water Resources Control Board to provide relief for arrearages accrued during the COVID-19 pandemic, with specified parameters; • Authorizes the state to create a grant program or make direct expenditures to provide relief in response to health and safety impacts of a drought. This program is subject to appropriation in a subsequent fiscal year; and • Extends the sunset date of the Beverage Container Recycling Pilot Program to Jan. 1, 2027 and expands the pilot program capacity to 10 projects.
AB 149 (Cmte. on Budget) Transportation.
Chapter 81, Statutes of 2021
This measure includes the following provisions and funding within the overall 2021-22 budget package necessary to implement actions related to transportation:
Extension of Statutory Relief for Transit Agencies
Extends several types of temporary statutory relief for transit agencies impacted by the COVID-19 pandemic that were provided as part of the 2020 Budget Act. These provisions include:
• Continues the hold harmless provision for calculation and allocation of State Transit Assistance (STA) Program, STA-State of Good Repair, and Low Carbon Transit Operations Program allocations (Local Revenue Basis Only) provided in the 2020 Budget Act through the 2022-23 budget years. Directed the State 220
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Controller to "freeze" for the 2020-21 through 2022-23 budget years the local revenue allocation factors used most recently before the pandemic; • Allocates transit agencies funds under these three programs using those same allocation factors, as opposed to updating the factors each year; • Extends the temporary suspension of the financial penalties associated with the Transportation Development Act's requirements that transit agencies obtain specified fixed percentages of their operating budgets from passenger fares through 2022-23; and
• Continues the temporary suspensions of the financial penalties associated with the STA Program's operating cost per revenue vehicle hour requirements through 2022-23.
Clean California
Establishes the Clean California Local Grant Program of 2021, to allocate grants to local and regional public agencies, transit agencies, and tribal governments for purposes of beautifying and cleaning up local streets and roads, tribal lands, parks, pathways, transit centers, and other public spaces.
• Limits grant awards to $5 million per grant;
• Prohibits grants that fund projects that displace people experiencing homelessness;
• Requires a funding distribution that takes into account the population that each project is intended to benefit relative to the total population that all projects awarded grants pursuant to the program will benefit and the needs of underserved communities;
• Establishes the Clean California State Beautification Program of 2021 to provide funding to beautify and clean up state highways;
• Allows the Department of Transportation to use job order contracting for the Clean California Beautification Program of 2021; and
• Provides that the Department of Transportation is delegated the authority necessary to carry out the purchase of vehicles, equipment, or other products as needed to implement the department's supplemental Fleet Acquisition Plan Fiscal Year 2021–22 for the acquisition of 269 medium-and heavy-duty vehicles and equipment to support litter abatement under the Clean California Beautification Program of 2021.
Local Streets and Roads
Makes the following changes related to the local streets and roads maintenance of efforts for cities and counties, as follows:
• Provides that cities and counties are not required to comply with the annual minimum expenditure requirements in 2019-20;
• Requires the Controller to adjust the annual minimum expenditure requirements in the 2020-21 and 2021-22 fiscal years in proportion to any decrease in taxable sales within the applicable city or county between specified fiscal years; and • Authorizes a city or county to petition the State Controller to use transient occupancy tax revenues in lieu of taxable sales, for purposes of making these adjustments.
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AB 150 (Cmte. on Budget) Sales and Use Tax Law. Personal Income Tax Law.
Corporation Tax Law. Budget Act of 2021.
Chapter 82, Statutes of 2021
This measure makes several statutory changes to the Revenue and Taxation code necessary to implement the 2021 Budget Act. This measure makes the following changes notable for local governments:
• Extends the sunset date for the State Historic Tax Credit to Jan. 1, 2027; • Permanently exempts sales and sales use tax for diapers and menstrual products;
• Expands a tax credit for small businesses that hire new employees; • Establishes a tax credit for employers who hire homeless individuals between Jan. 1, 2022, and Jan. 1, 2027;
• Extends the sunset date for tax credits for individuals that donate fresh fruits and vegetables to a food bank; and
• Increases the amount of credits allocated in the California Competes Tax Credit program.
AB 175 (Cmte. on Budget) Housing. Mortgages and Deeds of Trust. Use of State Property. Surplus Land Disposal. Financing Programs.
Chapter 255, Statutes of 2021
This measure makes a variety of technical, clarifying changes to recent legislation to address housing and homelessness included in the 2021 Budget Act. Specifically, this measure makes the following changes notable for local governments:
• Clarifies foreclose procedures and requirements for bidders, foreclosed-on owners, and foreclosure trustees;
• Authorizes the City of Sacramento to enter into a contract with the Cal Expo Board of Directors to provide emergency homelessness shelters; and • Provides that surplus land disposal procedures existing on Dec. 31, 2019, apply to the Metro North Hollywood Joint Development Project under specific conditions until Dec. 31, 2024.
AB 177
(Cmte. on Budget) Public Safety.
Chapter 257, Statutes of 2021
This measure makes several technical statutory changes in order to implement the public safety portions of the 2021 Budget Act, and also makes the following changes notable for local governments:
• Eliminates 17 criminal administrative fees as of Jan. 1, 2022; and • Increases the transcript rate for court reporters to $1.13 for each 100 words.
SB 85 (Cmte. on Budget and Fiscal Review) Budget Act of 2020.
Chapter 14, Statutes of 2021
This measure amends the 2020 Budget Act and appropriates $536 million for the 2020- 21 fiscal year for wildfire and forest resiliency programs. Cities are eligible for several large pots of funding for home hardening, urban forestry, and wildfire prevention.
Notable items for cities within this funding package include:
• $342 million to CAL FIRE, including but not limited to:
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o $123 million for fire prevention grants to reduce wildfire risk to homes and communities;
o $10 million for urban forestry to provide grants to local governments to plant trees, improve the management of urban forests, and better utilize wood waste; and
o $2 million for defensive space inspectors in the State Responsibility Area lands to ensure that structures are in compliance with state defensible space requirements.
• $25 million for the California Office of Emergency Services to assist low-income and disadvantaged homeowners with home hardening programs; • $16 million for the Climate Catalyst Revolving Loan Fund. Eligible uses for this fund include: providing loans, loan guarantees, and other credit support to encourage the development of businesses that utilize wood and forest biomass and encouraging private-sector innovations in technology, business models, infrastructure, and supply chains in woody biomass markets; and • $50 million to the Department of Conservation for the Regional Forest and Fire Capacity Program, which provides block grants to regional and statewide entities to engage with communities, develop project priority plans, prepare projects to be shovel-ready, and implement demonstration projects.
SB 87 (Caballero) California Small Business Covid-19 Relief Grant Program.
Income Tax. Gross Income. Exclusion. Small Business Grants.
Chapter 7, Statutes of 2021
This measure appropriates $2.075 billion to establish the California Small Business COVID-19 Relief Grant Program to provide economic relief via grants to small businesses impacted by the COVID-19 pandemic.
SB 88
(Cmte. on Budget and Fiscal Review) One-Time Stimulus Payment.
Delinquent Accounts. Earned Income Tax Credit. Statements.
Chapter 8, Statutes of 2021
This measure establishes the Golden State Stimulus program, which includes one-time $600 stimulus payments to provide relief for low-income Californians impacted by the COVID-19 pandemic, within specified parameters. See SB 139 (Chapter 71, Statutes of 2021) for the Golden State Stimulus II program.
SB 91 (Cmte. on Budget and Fiscal Review) COVID-19 Relief. Tenancy. Federal Rental Assistance.
Chapter 2, Statutes of 2021
This measure extends the statewide moratorium on evictions for nonpayment of rent due to COVID-19 financial hardship to June 30, 2021, and establishes the State’s Emergency Rental Assistance Program. The U.S. Treasury Department allocated $2.6 billion to California for the program, with $1.5 billion of federal rental relief funds to go toward implementation of a statewide rental assistance program, and $1.1 billion to go to California’s largest cities and counties according to federal law. More information is available on the Cal Cities website.
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SB 92 (Cmte. on Budget and Fiscal Review) Juvenile Justice.
Chapter 18, Statutes of 2021
This measure includes provisions and amendments to execute the shift of responsibility for the state’s juvenile justice system to local jurisdictions, as included in the 2020 Budget Act. Specifically, this measure includes the following statutory changes notable for local governments:
• Closes state juvenile justice correctional facilities on June 30, 2023; and • Authorizes counties to establish secure youth treatment facilities for youth that are found to be a ward of the court as a result of an offense that would have resulted in commitment to a state juvenile justice correctional facility.
SB 93 (Cmte. on Budget and Fiscal Review) Employment. Rehiring and Retention.
Displaced Workers. COVID-19 Pandemic.
Chapter 16, Statutes of 2021
This measure requires employers in specified industries to offer return-rights to formerly laid-off employees as a result of the COVID-19 pandemic until Dec. 31, 2024.
SB 94
(Skinner) Alcoholic Beverage Control. Barbering and Cosmetology.
License Renewal Fees. Waiver.
Chapter 9, Statutes of 2021
This measure waives fees for the licensees of the State Board of Barbering and Cosmetology between Jan. 1, 2021, and Jan. 1, 2023. This measure also waives fees for licensees of the Department of Alcoholic Beverage Control between March 1, 2021, and Feb. 28, 2023.
SB 139 (Cmte. on Budget and Fiscal Review) Golden State Stimulus II. Golden State Stimulus.
Chapter 71, Statutes of 2021
This measure establishes the Golden State Stimulus II program, which includes one- time stimulus payments to provide relief for low-income and middle-income Californians impacted by the COVID-19 pandemic, within specified parameters and with varying stimulus amounts based on marital status, tax filing status, and with or without dependents. See SB 88
(Chapter 8, Statutes of 2021) for the first Golden State Stimulus program.
SB 147 (Cmte. on Budget and Fiscal Review) Budget Act of 2020. Augmentation.
Chapter 40, Statutes of 2021
This measure amends the 2020 Budget Act to provide supplemental appropriations in the 2020-21 fiscal year. These augmentations are for unforeseen state costs, primarily related to court-ordered reforms at correctional facilities.
SB 151 (Cmte. on Budget and Fiscal Review) Economic Development.
Chapter 74, Statutes of 2021
This measure includes a suite of investments in economic development and economic relief related to the COVID-19 pandemic. Most notable investments for local governments in this measure include:
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• Establishes the California Competes Grant Program to incentivize businesses to make significant investments in California, with specified requirements; • Updates to the Innovation Hubs Program to focus on inclusivity, startup companies, and commercialization of technology;
• Establishes the California Dream Fund to provide small grants to new businesses via the California Small Business Technical Assistance Expansion Program; • Establishes the California Venues Grant Program to provide grants to venues that host live events;
• Establishes the California Nonprofit Performing Arts Grant Program to support performing arts workforce development; and
• Establishes the California Microbusiness COVID-19 Relief Grant Program to fund regional programs that support microbusinesses.
SB 152 (Cmte. on Budget and Fiscal Review) Elections.
Chapter 34, Statutes of 2021
This measure appropriates $35 million to the Secretary of State to support statewide and county costs of the 2021 gubernatorial recall election. It also authorizes a local government entity that previously called a special local election to consolidate that election with a gubernatorial recall election if all the following conditions are met:
• The special local election was called prior to June 15, 2021; • The original date on which the special local election was called is not more than 30 days before and not more than 30 days after the date of the gubernatorial recall election; and
• The call to consolidate the special local election with the gubernatorial recall election is issued within four days from the date of issuance of the Lieutenant Governor’s proclamation calling a gubernatorial recall election.
SB 155
(Cmte. on Budget and Fiscal Review) Public Resources Trailer Bill.
Chapter 258, Statutes of 2021
This measure makes the following investments in climate resiliency and disaster preparedness:
• $200 million continuously appropriated to CAL FIRE for healthy forest and fire prevention programs, and for prescribed burns and other fuel reduction projects; • $350 million to the State Coastal Conservancy for mitigating the impacts and effects of sea level rise, including low-interest loans to local jurisdictions to purchase properties vulnerable to sea level rise;
• $25 million to the OPR through the Integrated Climate Adaptation Program for establishing a grant program to mitigate the impacts of extreme heat or the heat island effect; and
• $25 million to the Strategic Growth Council for the establishment of a community resilience centers grant program.
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SB 156 (Cmte. on Budget and Fiscal Review) Communications. Broadband.
Chapter 112, Statutes of 2021
This measure provides the statutory framework to implement the investments in public broadband infrastructure appropriated in AB 164 (Ting, Chapter 84, Statutes of 2021), as follows:
• $2 billion for last-mile broadband infrastructure, which will increase connectivity and affordability for underserved and unserved rural and urban communities; • $3.25 billion for a statewide, open-access, middle-mile network, to make it easier for internet providers to provide faster, cheaper service throughout the state; and • $750 million to establish a new loan loss reserve account to provide collateral to local governments issuing bonds for municipal broadband deployment.
The measure also reforms the California Advanced Services Fund program to ensure the funds are spent quickly and efficiently and includes accountability and oversight provisions, including a nine-member council with broad representation.
SB 158 (Cmte. on Budget and Fiscal Review) Hazardous Waste.
Chapter 73, Statutes of 2021
This measure makes several programmatic and structural reforms to the Department of Toxic Substances Control, of which, items notable for local governments include:
• The establishment of an Office of the Ombudsperson to receive complaints and suggestions from the public and regulated community;
• Changes to the existing Hazardous Waste Management Account fee structure; and
• Appropriates $500 million to address underutilized properties with the presence of a hazardous substance, pollutant, or contaminants and establishes a competitive grant program to provide funding to local governments and other entities to investigate and clean up such properties.
SB 160 (Cmte. on Budget and Fiscal Review) Department of Cannabis Control.
Licensure. Appellations of Origin. Trade Samples.
Chapter 87, Statutes of 2021
This measure makes various technical amendments and revisions to AB 141 (Cmte. on Budget, Chapter 70, Statutes of 2021) regarding the Department of Cannabis Control.
Further information is included on the Cal Cities website in the publication Seed to Sale:
A Guide to Regulating Cannabis in California Cities.
SB 162 (Cmte. on Budget and Fiscal Review) Community Economic Resilience Fund Program.
Chapter 259, Statutes of 2021
This measure appropriates $600 million to establish the Community Economic Resilience Fund Program, which is intended to build an equitable and sustainable economic recovery from the impacts of COVID-19 on California’s industries, workers, and communities, and to provide for the durability of that recovery by fostering long-term economic resilience in the overall transition to a carbon-neutral economy. Specifically, this measure will, among other things:
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• Award planning grants on a competitive basis to establish and support at least one High Road Transition Collaborative per region in areas that have had disproportionate impacts due to COVID-19; and
• Develop one or more regional and subregional economic recovery and transition plans addressing essential elements of a high road strategy, including economic diversification, industry planning, workforce development, and the identification and integration of current or supplemental safety net programs.
SB 169
(Cmte. on Budget and Fiscal Review) Postsecondary Education Trailer Bill.
Chapter 262, Statutes of 2021
This measure, among other items, appropriates $500 million in the 2021-22 fiscal year to establish the Higher Education Student Housing Grant Program to provide one-time grants for the construction or renovation of student housing. This program is intended to provide affordable, low-cost options for students enrolled in public postsecondary education. This measure also establishes the Higher Education Capacity Expansion Grant Program to provide one-time grants for capacity expansion projects to support increased California resident enrollment and includes legislative intent to appropriate funds for this program in a subsequent fiscal year.
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II. Community Services
A. Aging and Seniors
AB 323
(Kalra) Long-Term Health Facilities.
Chapter 458, Statutes of 2021
This measure increases the number of civil penalties that can be assessed by the California Department of Public Health (CDPH) when issuing penalties against long- term care facilities for violations that result in the death of a resident from "direct proximate cause" to "substantial factor" and the death was a result of the violation.
AB 665
(E. Garcia) Care Facilities. Internet Access.
Chapter 469, Statutes of 2021
This measure requires residential facilities serving adults, residential care facilities for persons with chronic life-threatening illness, and residential care facilities for the elderly with existing internet service to provide at least one internet access device that can support real-time interactive applications, is equipped with videoconferencing technology, and dedicated for client or resident use.
SB 650
(Stern) Skilled Nursing Facilities.
Chapter 493, Statutes of 2021
This measure requires organizations that operate, conduct, own, manage, or maintain a skilled nursing facility to prepare and file an annual consolidated financial report with the California Department of Health Care Access and Information. The financial report will include data from all related parties the organization has an ownership or control interest of 5% or more and that provides any services or supplies to the skilled nursing facility. This measure also requires the financial reports to begin after Dec. 31, 2023, and to be reviewed by a certified public accountant.
B. Animal Services
AB 468
(Friedman) Emotional Support Animals.
Chapter 168, Statutes of 2021
This measure requires a person or business that sells or provides a dog for use as an emotional support dog to provide a written notice to the buyer or recipient of the dog stating that the dog does not have the special training required to qualify as a guide, signal, or service dog. This notice must also explain that these animals are not entitled to the rights and privileges accorded by law to a guide, signal, or service dog and that knowingly and fraudulently representing oneself to be the owner or trainer of any canine licensed as a guide, signal, or service dog is a misdemeanor.
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AB 1535 (Cmte. on Business and Professions) Veterinary Medical Board.
Application and Examination. Discipline and Citation.
Chapter 631, Statutes of 2021
This measure extends the provisions establishing the Veterinary Medical Board within the Department of Consumer Affairs and authorizes the Board to appoint an executive officer until Jan. 1, 2026. Additionally, this measure enacts numerous changes to the regulation of veterinarians, Registered Veterinary Technicians, Veterinary Assistant Controlled Substances Permit holders, veterinary schools, and veterinary premises.
C. Arts and Culture
SB 628
(Allen) California Creative Workforce Act of 2021
This measure enacts the California Creative Workforce Act of 2021 to establish creative arts workforce development as a state priority and promote employment and "earn and learn" job training opportunities for creative workers. This measure requires the California Arts Council (CAC) to design the program in collaboration with the California Workforce Development Board (CWDB). The CAC is required to consult with local governments, community nonprofit organizations, and educational institutions in this effort. Additionally, this measure directs the CAC, in consultation with the CWDB, to design a grant program pursuant to the objectives of the California Creative Workforce Act.
D. Children, Childcare, and Youth Programs
*AB 46
(L. Rivas) California Youth Empowerment Act.
Chapter 660, Statutes of 2021
This measure creates the California Youth Empowerment Act and establishes the California Youth Empowerment Commission (CYEC) in state government. The CYEC will consist of 13 voting commissioners between 14 and 25 years of age, with 11 members appointed by the Governor, one at-large member appointed by the Senate Committee on Rules, and one at-large member appointed by the Speaker of the Assembly, along with several ex officio, non-voting members from various geographic regions of the state. The CYEC will serve as an advisory body to the Legislature and Administration.
AB 366
(Rubio) Foster Youth. Placement of Siblings.
Chapter 581, Statutes of 2021
This measure prohibits the physical capacity of the home from being the sole reason to deny placement of a sibling group if each child in the home has an age-appropriate place to sleep and there are no other safety risks.
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AB 382 (Kamlager) Whole Child Model Program.
Chapter 51, Statutes of 2021
This measure removes labor organizations from the Department of Health Care Services Whole Child Model program stakeholder advisory group and instead includes recognized exclusive representatives of California Children's Services county providers.
Additionally, this measure extends the sunset of the advisory group from Dec. 1, 2021, to Dec. 31, 2023.
AB 506
(Gonzalez) Youth Service Organizations. Child Abuse and Neglect Prevention.
Chapter 169, Statutes of 2021
This measure requires an administrator, employee, or volunteer of a youth service organization to complete child abuse and neglect reporting training and undergo a background check. This measure also requires a youth service organization to develop and implement child abuse prevention policies and procedures that, among other things, ensure the reporting of suspected incidents of child abuse to persons or entities outside of the organization. AB 506 additionally authorizes insurers to request information demonstrating compliance with these provisions before writing liability insurance for a youth service organization.
AB 1140
(R. Rivas) Foster Care. Rights.
Chapter 297, Statutes of 2021
This measure specifies that children who are placed in residential facilities and homes by the Office of Refugee Resettlement of the federal Department of Health and Human Services are included among those who the Office of the State Foster Care Ombudsperson is responsible for investigating and attempting to resolve complaints made by or on behalf of children placed in foster care, related to their care, placement, or services.
AB 1363
(L. Rivas) Preschool. Dual Language Learners.
Chapter 498, Statutes of 2021
This measure requires the Superintendent of Public Instruction (SPI) to develop procedures for providers to identify and report data on dual language learners enrolled in the California State Preschool Program. Additionally, this measure requires the SPI quality indicator for preschool programs to include activities and services that support dual language learners in the development of their home language and English.
SB 400
(Jones) Homeless Children and Youths. Local Educational Agencies.
Collaboration, Training, and Reporting.
Chapter 400, Statutes of 2021
This measure requires a liaison for homeless children and youths of a local educational agency, as defined to include a school district, county office of education, charter school, or special education local plan area, to ensure the identification by school personnel of those children and youths through outreach and coordination activities with other organizations and the referral of services to homeless families and homeless children and youth.
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E. Mental and Community Health
SB 465 (Eggman) Mental Health.
Chapter 544, Statutes of 2021
This measure requires the Mental Health Services Oversight and Accountability Commission to report to specified legislative committees the outcomes for people receiving community mental health services under a full-service partnership model, including any barriers to receiving the data and recommendations to strengthen California's use of full-service partnerships to reduce incarceration, hospitalization, and homelessness.
F. Natural Disaster Preparedness
*AB 118
(Kamlager) Department of Social Services. C.R.I.S.E.S. Grant Pilot Program.
Chapter 694, Statutes of 2021
This measure creates the Community Response Initiative to Strengthen Emergency Systems (C.R.I.S.E.S) Grant Pilot Program. The C.R.I.S.E.S. grants are intended to expand the participation of community-based organizations in an emergency response role for vulnerable populations. This measure requires the Department of Social Services to administer the program and award grants to qualified grantees, which include city, county, and tribal departments of social services, disability services, health services, public health, or behavioral health, based on grant eligibility criteria developed in partnership with a stakeholder workgroup.
*AB 580
(Rodriguez) Emergency Services. Vulnerable Populations.
Chapter 744, Statutes of 2021
This measure requires the Governor's Office of Emergency Services (Cal OES) to establish a standardized emergency management system for use by all emergency response agencies. Additionally, AB 580 requires the Director of Cal OES to appoint representatives of the access and functional needs population to serve on pertinent committees related to that system and to ensure the needs of that population are met within that system. This measure also requires counties to send their emergency plan to Cal OES on or before March 1, 2022, and upon any update to the plan after that date.
AB 663
(Chen) Corporations. Electronic Transmissions. Bylaws. Emergency Powers.
Chapter 523, Statutes of 2021
This measure authorizes a general corporation, nonprofit corporation, or cooperative corporation, in anticipation of an emergency or during an emergency to take any action it determines to be necessary or appropriate to respond to the emergency, mitigate the effects of the emergency, or comply with lawful federal and state government orders.
However, this measure prohibits action that requires the vote of the shareholders or members unless the required shareholder or member approval was obtained prior to the emergency. Additionally, this measure permits a general corporation to hold annual 232
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shareholder meetings and a nonprofit corporation and cooperative corporation to hold meetings entirely via teleconference or other remote means when all shareholders consent or in the case of an emergency.
G. Parks and Recreation
AB 959
(Mullin) Park Districts. Ordinances. Nuisances. Abatement.
Chapter 268, Statutes of 2021
This measure authorizes the board of directors of a regional park district, regional park and open-space district, or regional open-space district, by ordinance, to declare an encroachment onto district lands constitutes a nuisance. This measure additionally authorizes a district that adopts such a nuisance ordinance to establish a nuisance abatement procedure, including notice and hearing requirements, and to collect abatement and related administrative costs and penalties, including through a nuisance abatement lien. The county recorder can also impose a fee on a district to reimburse the costs of processing and recording a nuisance abatement lien and providing notice. The district can initiate a civil action to abate a nuisance in the name of the district. 233
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III. Environmental Quality
A. Air Quality
AB 619
(Calderon) Air Quality
Chapter 412, Statutes of 2021
This measure requires the California Department of Public Health (CDPH), in coordination with stakeholders, to develop a plan with recommendations and guidelines for counties to use in the case of a significant air quality event caused by wildfires or other sources. Counties, in advance of their next emergency plan update, must use the air quality plan developed by the department to create a county-specific plan that addresses all these recommendations and guidelines.
AB 1261
(Burke) State Air Resources Board. Greenhouse Gas Emissions.
Incentive Programs.
Chapter 714, Statutes of 2021
This measure requires the California Air Resources Board (CARB) to establish specified processes to assist the state in achieving its greenhouse gas emissions reduction goals.
This includes a process to identify any overlap among its incentive programs that share the same objectives and evaluate data on the behavioral changes that result from each of its incentive programs. The information collected pursuant to these processes will be used to refine the greenhouse gas emissions estimates for its incentive programs in annual reports to the Legislature, funding plans, or any long-term planning documents or reports as recommended by the State Auditor.
AB 1346
(Berman) Air Pollution. Small Off-Road Engines.
Chapter 753, Statutes of 2021
This measure requires CARB, by July 1, 2022, consistent with federal law, to adopt cost-effective and technologically feasible regulations to prohibit engine exhaust and evaporative emissions from new small off-road engines. CARB will also identify and, to the extent feasible, make available funding for a commercial rebate or similar incentive funding as part of any updates to existing applicable funding program guidelines. This funding will be made available to local air pollution control districts and air quality management districts to implement to support the transition to zero-emission small off- road equipment operations.
SB 589
(Hueso) Air Pollution. Alternative Vehicles and Vehicle Infrastructure.
Chapter 732, Statutes of 2021
This measure requires the State Energy Resources Conservation and Development Commission to identify workforce development and training resources needed to meet the electric vehicle charging infrastructure goals of putting at least five million zero- emission vehicles in service by 2030 and reducing greenhouse gas emissions to 40% below 1990 levels by 2030.
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B. California Environmental Quality Act (CEQA)
AB 819 (Levine) California Environmental Quality Act. Notices and Documents.
Electronic Filing and Posting.
Chapter 97, Statutes of 2021
This measure requires California Environmental Quality Act (CEQA) notices and environmental review documents to be filed electronically and posted online. This measure also requires notices of an environmental impact report to be posted on the website of the county clerk of each county in which the project is located.
AB 1344 (Arambula) State Department of Public Health. Needle and Syringe Exchange Services
Chapter 480, Statutes of 2021
This measure reiterates and clarifies an existing exemption from CEQA for needle and syringe exchange program application submissions, authorizations, and operations performed pursuant to the Clean Needle and Syringe Exchange Program within CDPH.
SB 7
(Atkins) Environmental Quality. Jobs and Economic Improvement Through Environmental Leadership Act of 2021.
Chapter 19, Statutes of 2021
This measure re-establishes the expedited California Environmental Quality Act (CEQA) administrative and judicial review procedures in the Jobs and Economic Improvement Through Environmental Leadership Act (Leadership Act) for “environmental leadership development projects” for four years. Projects certified by the Governor under the former Leadership Act before Jan. 1, 2020, and approved by a lead agency on or before Jan. 1, 2022, may be governed by the requirements of the former Leadership Act.
SB 44
(Allen) California Environmental Quality Act. Streamlined Judicial Review.
Environmental Leadership Transit Projects.
Chapter 633, Statutes of 2021
This measure establishes expedited administrative and judicial review of environmental review and approvals granted for an environmental leadership transit project proposed by a public or private entity or its affiliates that is located wholly within the County of Los Angeles or connects to an existing transit project wholly located in that county and that is approved by the lead agency on or before Jan. 1, 2024. This measure sunsets on Jan. 1, 2025.
C. Climate Change
AB 680
(Burke) Greenhouse Gas Reduction Fund. California Jobs Plan Act of 2021.
Chapter 746, Statutes of 2021
This measure enacts the California Jobs Plan Act of 2021. This measure requires CARB to work with the Labor and Workforce Development Agency to update, by July 1, 2025, Greenhouse Gas Reduction Fund (GGRF) funding guidelines for administering 236
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agencies. This update ensures all applicants to grant programs funded by the GGRF meet specified standards, including fair and responsible employer standards and inclusive procurement policies. Additionally, this measure requires administering agencies to prioritize applicants that demonstrate a partnership with an educational institution or training program targeting residents of under-resourced, tribal, and low- income communities in the same region as the proposed project.
D. Coastal
AB 63
(Petrie-Norris) Marine Resources. Marine Managed Areas Improvement Act.
Restoration and Monitoring Activities.
Chapter 368, Statutes of 2021
This measure adds restoration and monitoring to the list of authorized activities by the designating entity or managing agency in a State Marine Conservation Area.
AB 66
(Boerner Horvath) Coastal Resources. Research. Landslides and Erosion.
Early Warning System. County of San Diego.
Chapter 456, Statutes of 2021
This measure requires the Scripps Institution of Oceanography at the University of California, San Diego, to conduct research on coastal cliff landslides and erosion in the County of San Diego. This measure requires the research to be completed by Jan. 1, 2025. Additionally, this measure requires the Scripps Institution of Oceanography to provide a report to the Legislature with recommendations for developing a coastal cliff landslide and erosion early warning system based on available research. This report must be submitted to the Legislature no later than March 15, 2025.
AB 72
(Petrie-Norris) Environmental Protection. Coastal Adaptation Projects.
Natural Infrastructure. Regulatory Review and Permitting. Report.
Chapter 369, Statutes of 2021
This measure enacts the Coastal Adaptation Permitting Act of 2021. This measure authorizes the Natural Resources Agency to establish a more coordinated and efficient regulatory review and permitting process for coastal adaptation projects that use natural infrastructure. This measure requires the agency to submit, by July 1, 2023, a report to the Legislature with suggestions and recommendations to improve coordination between agencies.
*SB 1 (Atkins) Coastal Resources. Sea Level Rise.
Chapter 236, Statutes of 2021
This measure establishes the California Sea Level Rise Mitigation and Adaptation Act of 2021 and creates the California Sea Level Rise State and Regional Support Collaborative (Collaborative) at the Ocean Protection Council to help coordinate and fund state efforts to prepare for sea level rise associated with climate change. This measure also requires the Collaborative to provide, upon appropriation, up to $100 million for cities to update local coastal plans to address sea level rise. This measure additionally requires the California Coastal Commission (CCC) to adopt 237
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recommendations and guidelines for the identification, assessment, minimization, and mitigation of sea level rise within each local coastal program.
SB 433
(Allen) California Coastal Act of 1976. Enforcement. Penalties.
Chapter 643, Statutes of 2021
This measure extends the CCC’s authority to impose administrative civil penalties on a person, including a landowner, who is in violation of any provision of the California Coastal Act other than public access. This measure requires CCC staff to annually prepare and present a written report that includes information related to the imposition of those penalties and to annually provide the written report to the Legislature.
Additionally, this measure requires the CCC to provide an opportunity for local governments with a certified Local Coastal Program to enforce violations of its building codes.
E. Emergency-Disaster Planning, Response, and Recovery
*SB 52
(Dodd) State of Emergency. Local Emergency. Planned Power Outage.
Chapter 597, Statutes of 2021
This measure clarifies that planned power shutoff events, such as a public safety power shutoff, qualifies as a “deenergization event” for which a local emergency can be declared under the California Emergency Services Act.
*SB 109
(Dodd) Department of Forestry and Fire Protection. Office of Wildfire Technology Research and Development.
Chapter 239, Statutes of 2021
This measure establishes the Office of Wildfire Technology Research and Development (Office) within the Department of Forestry and Fire Protection (CAL FIRE), and the Wildfire Technology Research and Development Review Advisory Board (Advisory Board). The Office is responsible for studying, testing, and advising the procurement of emerging technologies and tools to more effectively prevent and suppress wildfires throughout the state. The Office is required to make recommendations to state and local agencies on the most effective and useful technologies and tools for procurement.
Additionally, the Advisory Board is required to meet at least four times per year to review, analyze, and assess the activities and progress of the Office, and to consult with the public, private, and nonprofit entities regarding their interaction and responsiveness of the Office. This measure sunsets on Jan. 1, 2029.
*SB 341
(McGuire) Telecommunications Service. Outages.
Chapter 425, Statutes of 2021
This measure requires the Governor’s Office of Emergency Services (Cal OES), in coordination with the California Public Utilities Commission (CPUC), to adopt regulations for public outage maps maintained by telecommunications providers on their websites. Additionally, this measure requires the CPUC and Cal OES to develop and implement backup electricity rules to require telecommunications providers to maintain backup electricity sufficient to maintain service for at least 72 hours. 238
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F. Energy and Utilities
AB 33 (Ting) Energy Conservation Assistance Act of 1979. Energy Storage Systems and Electric Vehicle Charging Infrastructure. Native American Tribes.
Chapter 226, Statutes of 2021
This measure expands, to local governments, the eligibility to fund projects under the California Energy Commission’s Energy Conservation Assistance Account to include installation of energy storage systems, such as backup batteries, and electric vehicle infrastructure.
AB 322
(Salas) Energy. Electric Program Investment Charge Program. Biomass.
Chapter 229, Statutes of 2021
This measure requires the California Energy Commission (CEC) to consider, in the investment planning process for the Electric Program Investment Charge (EPIC), funding for eligible biomass conversion to energy projects. This measure also requires the CEC to consider recommendations from CARB and CAL FIRE, and to coordinate with the Natural Resources Agency, the Department of Resources Recycling and Recovery (CalRecycle), and the Department of Food and Agriculture about the need for biomass conversion. Additionally, this measure requires the CEC to consider opportunities to reduce short-lived climate pollutant emissions, generate carbon negative emissions, reduce wildfire impacts, and increase energy reliability.
AB 758
(Nazarian) Marks-Roos Local Bond Pooling Act of 1985. Electric Utilities.
Rate Reduction Bonds.
Chapter 233, Statutes of 2021
This measure expands the authority of joint powers authorities to issue rate reduction bonds for local publicly owned electric utilities.
AB 843
(Aguiar-Curry) California Renewables Portfolio Standard Program.
Renewable Feed-In Tariff. Bioenergy Market Adjusting Tariff Program. Community Choice Aggregators.
Chapter 234, Statutes of 2021
This measure allows Community Choice Aggregators to access the CPUC’s Bioenergy Market Adjusting Tariff program.
AB 1124
(Friedman) Solar Energy Systems.
Chapter 235, Statutes of 2021
This measure revises several definitions related to solar energy. Specifically, this measure:
• Clarifies that "solar energy systems" must be designed to serve one utility retail customer on the same property, more than one utility retail customer on the same property, one utility retail customer on the same, adjacent, or contiguous properties, or more than one utility retail customer on the same, adjacent or contiguous properties, and not be designed for procurement of electricity by an electric utility;
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• Defines “commercial permit fee” to mean the sum of all charges levied by a city, county, city and county, or charter city in connection with an application for a commercial solar energy system, including, but not limited to, a solar energy system that is installed on the property of multifamily housing that has more than two family dwellings; and
• Revises the definition of “residential permit fee” to mean the sum of all charges levied by a city, county, city and county, or charter city in connection with the application for a solar energy system that is installed on the property of a single- or two-family dwelling.
SB 267
(Hertzberg) Property Taxation. Active Solar Energy Systems. Partnership Flip Transactions.
Chapter 424, Statutes of 2021
This measure extends the property tax reassessment exemption for active solar energy systems financed via a partnership flip arrangement. Specifically, this measure clarifies that neither an initial transfer of a capital and profits interest in the legal entity, nor any subsequent change in the allocation of the capital and profits of the legal entity among its members, constitutes a transfer of control of a legal entity that owns an active solar energy system in a partnership flip transaction.
SB 437
(Wieckowski) Local Publicly Owned Electric Utilities. Integrated Resource Planning. Transportation Electrification.
Chapter 138, Statutes of 2021
This measure requires local publicly owned electric utilities, in updating their integrated resource plans, to include details of the utility's electrical service rate design that support transportation electrification, and existing or planned incentives to support transportation electrification.
SB 479
(Laird) Local Government Renewable Energy Self-Generation Program.
Chapter 141, Statutes of 2021
This measure expands the local government renewable energy self-generation program definition of benefiting account to include accounts meeting specified requirements located within the geographical boundaries of a California Native American tribe.
SB 756
(Hueso) Home Weatherization Services for Low-Income Customers.
Chapter 248, Statutes of 2021
This measure, from Janu. 1, 2022, to June 30, 2022, defines “low-income customers” for the purposes of the Energy Savings Assistance Program as customers with annual household incomes that are no greater than 200% of the federal poverty guideline levels. On and after July 1, 2022, this measure defines “low-income customers” for those purposes as persons and families whose household income is at or below 250% of the federal poverty level and prohibits the commission from increasing the authorized budgets for the program based on that expansion of income eligibility.
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SB 757 (Limón) Solar Energy System Improvements. Consumer Protection.
Chapter 249, Statutes of 2021
This measure defines the term “home improvement” to include the construction, erection, installation, replacement, or improvement of driveways, swimming pools, including spas and hot tubs, terraces, patios, awnings, storm windows, solar energy systems, landscaping, fences, porches, garages, fallout shelters, basements, and other improvements of the structures or land which is adjacent to a dwelling house.
Additionally, this measure includes solar energy systems as an example of types of home improvements in, and adds the installation of those improvements to, that definition.
G. Hazardous Materials and Waste
*AB 332
(Cmte. on Environmental Safety and Toxic Materials) Hazardous Waste.
Treated Wood Waste. Management Standards.
Chapter 147, Statutes of 2021 (Urgency)
This measure facilitates the safe and proper handling and disposal of treated wood waste by codifying existing Alternative Management Standards. This measure sunsets on July 1, 2028.
AB 480
(Carrillo) Hazardous Materials.
Chapter 743, Statutes of 2021
This measure authorizes a Certified Unified Program Agency (CUPA), in the event of a hazardous waste spill or release, that the CUPA reasonably determines poses an imminent and substantial endangerment to public health, to take actions to protect the health and safety of the public.
AB 652
(Friedman) Product Safety. Juvenile Products. Chemicals. Perfluoroalkyl and Polyfluoroalkyl Substances.
Chapter 500, Statutes of 2021
This measure, on and after July 1, 2023, prohibits a person, including a manufacturer, from selling or distributing in commerce in this state any new, not previously owned, juvenile product that contains intentionally added perfluoroalkyl and polyfluoroalkyl substances (PFAS). This measure requires manufacturers to use the least toxic alternative when replacing PFAS chemicals in a juvenile product.
AB 1024
(Santiago) Hazardous Substances. Cleanups. Milestones and Contracting.
Chapter 474, Statutes of 2021
This measure requires the Department of Toxic Substances Control to post on its website the easily accessible information of each contaminated site cleanup project.
Additionally, this measure requires that moneys recovered by the State from responsible parties relating to the Exide Technology (Exide) cleanup site be used to repay the General Fund, the Lead Acid Battery Cleanup Fund, and any other funds sources for costs incurred during the cleanup of contaminated sites near Exide. 241
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AB 1200 (Ting) Plant-Based Food Packaging. Cookware. Hazardous Chemicals.
Chapter 503, Statutes of 2021
This measure prohibits the sale of paper-based food packaging containing PFAS, requires the disclosure of chemicals of concern for human health and the environment in cookware, and prohibits cookware companies from making misleading marketing claims.
H. Solid Waste and Recycling
AB 246
(Quirk) Contractors. Disciplinary Actions.
Chapter 46, Statutes of 2021
This measure adds illegal dumping to the list of violations that constitute a cause for disciplinary action against a contractor by the Contractors’ State License Board.
AB 504
(McCarty) Solid Waste. Commercial and Organic Waste. Recycling Bins.
Chapter 56, Statutes of 2021
This measure clarifies the requirements for recycling bins and organic bins in restaurants that are buffet style or self-service and in entertainment park food facilities.
AB 707
(Quirk) Mercury Thermostat Collection Act of 2021.
Chapter 703, Statutes of 2021
This measure repeals the Mercury Thermostat Collection Act of 2008 and recasts the program, as part of the state’s hazardous waste control laws, as the Mercury Thermostat Collection Act of 2021. This measure also requires each manufacturer of mercury-added thermostats, or group of manufacturers, on or before March 1, 2022, to contract with or retain a qualified third party to develop and implement a convenient, cost-effective, and efficient program for the collection, transportation, recycling, and disposal of out-of-service mercury-added thermostats.
AB 818
(Bloom) Solid Waste. Premoistened Nonwoven Disposable Wipes.
Chapter 590, Statutes of 2021
This measure establishes standardized labeling for single-use wet wipes to provide clear and consistent consumer information about what products are not safe to flush down the toilet.
AB 881
(Gonzalez) Recycling. Plastic Waste. Export.
Chapter 501, Statutes of 2021
This measure makes the export out of the country of a mixture of plastic wastes count as "disposal" and not “diversion” under the California Integrated Waste Management Act of 1989, unless the mixture includes only certain plastics destined for separate recycling, in which case that export constitutes diversion through recycling. Until Jan. 1, 2024, “export” means exporting out of the country and does include export to Canada or Mexico.
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AB 962 (Kamlager) California Beverage Container Recycling and Litter Reduction Act. Reusable Beverage Containers.
Chapter 502, Statutes of 2021
This measure authorizes CalRecycle to allow returnable bottles to flow through the state’s California Beverage Container Recycling and Litter Reduction Act (Bottle Bill) program and provide bottle washers the same processing payment that is currently paid to certified recyclers, and the same Quality Glass Incentive Payment that is currently paid to certified recycling processors.
AB 1201
(Ting) Solid Waste. Products. Labeling. Compostability and Biodegradability.
Chapter 504, Statutes of 2021
This measure ensures that only products capable of being composted in real-world compost facilities are labeled “compostable.” Specifically, this measure prohibits a person from selling or offering for sale a product that is labeled with the term “compostable” or “home compostable” unless the product satisfies specified criteria established by CalRecycle.
AB 1276
(Carrillo) Single-use Foodware Accessories and Standard Condiments.
Chapter 505, Statutes of 2021
This measure requires food and beverage accessories, such as single-use condiments and plastic silverware, be available only upon request. This includes food facilities who use third parties for their take-out food order and delivery. This measure also requires, on or before June 1, 2022, local governments to authorize an enforcement agency to enforce this measure’s requirements.
*AB 1311
(Wood) Recycling. Beverage Containers.
Chapter 506, Statutes of 2021
This measure expands the beverage container redemption opportunities under the Bottle Bill that includes, but are not limited to, appointment-based bottle drop-offs and electronic deposit payments. (Cal Cities has prepared a comprehensive summary of this measure in Appendix A of this document.)
SB 170
(Skinner) Budget Act of 2021.
Chapter 240, Statutes of 2021 (Urgency)
This measure contains revisions to the Budget Act of 2021 (AB 128). Notable for local governments, this measure includes the following provisions:
• $50 million for urban greening and urban forestry projects; • $10 million for regional climate assistance, and $115 million for the Transformative Climate Communities program through the Strategic Growth Council;
• $25 million to the Governor’s Office of Planning and Research through the Integrated Climate Adaptation and Resiliency Program for climate resiliency planning and implementation grants;
• $100 million to CAL FIRE, including for priority urban forestry projects; 243
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• $25 million in fiscal year 2022-23, and $75 million in fiscal year 2023-24, to OPR for projects that mitigate the impacts of extreme heat or the urban heat island effect;
• $40 million in various grants to further the creation of a circular economy by funding recycling and organic waste infrastructure projects; and • $130 million from the GGRF for waste reduction and management; including $60 million for local jurisdictions to implement the CalRecycle SB 1383 (Lara, Statutes of 2016) organic waste diversion regulations, and $70 million for organic waste infrastructure.
(Cal Cities has prepared a comprehensive summary of this measure in Appendix B of this document.)
*SB 343
(Allen) Environmental Advertising. Recycling Symbol. Recyclability.
Products and Packaging.
Chapter 507, Statutes of 2021
This measure provides additional clarity and regulatory standards on which products can use the recycling “chasing arrows” symbol on their packaging. These standards include, but are not limited to, requiring a plastic product to be recyclable by 60% of local jurisdictions to be allowed to use the “chasing arrows” symbol.
*SB 619
(Laird) Organic Waste. Reduction Regulations. Local Jurisdiction Compliance.
Chapter 508, Statutes of 2021
This measure gives local governments an optional pathway to comply with SB 1383 (Lara, Chapter 395, Statutes of 2016) CalRecycle organic waste regulations. If the compliance pathway, approved by CalRecycle is kept, then cities are shielded from penalties being imposed or accruing for the 2022 calendar year. (Cal Cities has prepared a comprehensive summary of this measure in Appendix A of this document.)
I. Water
AB 100
(Holden) Drinking Water. Endpoint Devices. Lead Content.
Chapter 692, Statutes of 2021
This measure, commencing Jan. 1, 2023, prohibits a person from manufacturing and offering for sale in the state, an endpoint device that does not meet a certain lead leaching standard. Additionally, this measure, commencing July 1, 2023, prohibits a person from introducing into commerce or offering for sale in the state an endpoint device that does not meet that lead leaching standard. This measure also requires the consumer-facing product packaging or product labeling of an endpoint device to bear specified lettering if the endpoint device meets that lead leaching standard and the above-described definition of “lead free.”
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AB 304 (Quirk) Contaminated Sites. Waste Releases of Surface of Groundwater Contamination. Local Oversight. Remedial Actions.
Chapter 698, Statutes of 2021
This measure strengthens oversight of contaminated site cleanups overseen by local health officers and includes provisions to increase transparency and public access to contaminated site information.
AB 1058
(C. Garcia) Large Water Corporations. Bill Payment Options.
Chapter 269, Statutes of 2021
This measure authorizes a water corporation, with more than 10,000 service connections, to recover in rates the transaction costs relating to all payment options, including credit cards, debit cards, and prepaid cards. This measure also prohibits such a water corporation from recovering such transaction costs from customers participating in a water rate relief program for low-income ratepayers authorized by the CPUC.
AB 1066
(Bloom) Priority Inland Water-Contact Recreation Sites. Water Quality Monitoring.
Chapter 711, Statutes of 2021
This measure requires the California Water Quality Monitoring Council (Council) to propose to the State Water Resources Control Board (SWRCB) for consideration a definition of a priority water-contact recreation site. Additionally, this measure requires the Council to, on or before July 1, 2022, direct a new or existing working group to study water recreation hazards at priority water-contact recreation sites. This measure also directs the Council to make recommendations and requirements for the establishment of a priority water-contact recreation site monitoring program for inland waters.
AB 1250
(Calderon) Water and Sewer System Corporations. Consolidation of Service.
Chapter 713, Statutes of 2021
This measure creates the Consolidation for Safe Drinking Water Act of 2021, which establishes timeframes by when the CPUC is required to take action on a request for a water system consolidation for a small water system that is failing or at risk of failing, specifically 12 months for an application, and 180 days for an advice letter.
AB 1428
(Quirk) Safe Drinking Water Act. Applicability.
Chapter 64, Statutes of 2021
This measure removes the ability of agricultural water districts to self-certify that the water they provide achieves an equivalent level of public health protection as the protection provided by applicable drinking water regulations.
SB 273
(Hertzberg) Water Quality. Municipal Wastewater Agencies.
Chapter 241, Statutes of 2021
This measure authorizes a municipal wastewater agency to acquire, construct, expand, operate, maintain, and provide facilities to manage stormwater and dry weather runoff.
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*SB 323 (Caballero) Local Government. Water of Sewer Service. Legal Actions.
Chapter 216, Statutes of 2021
This measure authorizes a local agency, or interested person, to bring a validation action in a superior court to determine the validity of a fee or charge for water and sewer service, and that such a party bring a validation action within 120 days after the fee or charge becomes effective. This measure only applies to a fee or charge for water or sewer service that has been adopted, modified, or amended after Jan. 1, 2022.
SB 403
(Gonzalez) Drinking Water. Consolidation.
Chapter 242, Statutes of 2021
This measure authorizes the SWRCB to order the consolidation of at-risk domestic wells and at-risk water systems. Both at-risk domestic wells and at-risk water systems are defined, in part, as serving disadvantaged communities.
SB 552 (Hertzberg) Drought Planning. Small Water Suppliers. Nontransient Noncommunity Water Systems.
Chapter 245, Statutes of 2021
This measure requires the SWRCB, the Department of Water Resources, counties, and small water suppliers to implement various recommendations from the County Drought Advisory Group to increase the drought resiliency of small water suppliers and rural communities.
SB 708
(Melendez) Water Shortage Emergencies. Declarations. Deenergization Events.
Chapter 68, Statutes of 2021
This measure adds planned power outages to reduce the risk of wildfires caused by utility equipment to the list of situations wherein a public water supply distributor can declare a water shortage emergency condition without a public hearing.
SB 776
(Gonzalez) Safe Drinking Water and Water Quality.
Chapter 187, Statutes of 2021
This measure makes several changes to the statute that guides the implementation of the Safe and Affordable Drinking Water Fund, including, but not limited to, consolidating the SWRCB’s authority to enforce the terms, conditions, and requirements of its financial assistance programs.
J. Wildfires
AB 9
(Wood) Fire Safety and Prevention. Wildfires. Fire Adapted Communities.
Office of the State Fire Marshal. Community Wildfire Preparedness and Mitigation.
Chapter 225, Statutes of 2021
This measure establishes within the Department of Conservation (DOC) the Regional Forest and Fire Capacity Program to support regional leadership to build local and regional capacity to implement strategies and projects that create fire adapted communities and landscapes. This measure also requires the DOC, upon an 246
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appropriation by the Legislature, to provide block grants to regional entities to develop regional strategies that develop governance structures, identify wildfire risks, foster collaboration, and prioritize and implement projects within the region to achieve the goals of the Program. This measure also delegates authority over this Program to the Office of the State Fire Marshal and creates within the Office a Deputy Director of Community Wildfire Preparedness and Mitigation who is responsible for fire preparedness and mitigation missions of CAL FIRE.
AB 431
(Patterson) Forestry. Timber Harvesting Plans. Defensible Space.
Exemptions.
Chapter 230, Statutes of 2021
This measure extends the sunset date for the exemption from the requirement to complete a timber harvest plan for maintaining defensible space between 150 feet and 300 feet from a habitable structure from Jan. 1, 2022, to Jan. 1, 2026.
AB 642
(Friedman) Wildfires.
Chapter 375, Statutes of 2021
This measure is an omnibus fire prevention measure that makes various changes to support cultural and prescribed fire, including the creation of a Cultural Burning Liaison at CAL FIRE, and requires a proposal for creating a prescribed fire training center in California. This measure also requires CAL FIRE to identify moderate and high fire hazard severity zones taking into consideration certain wildfire risk factors including winds. Local agencies are required to make information regarding these zones available for public comment, in addition to public review, within 30 days.
SB 63
(Stern) Fire Prevention. Vegetation Management. Public Education. Grants.
Defensible Space. Fire Hazard Severity Zones.
Chapter 382, Statutes of 2021
This measure makes multiple changes to enhance fire prevention efforts by CAL FIRE, including, among other things, improved vegetation management, and expanding the areas where enhanced fire safety building standards apply, and expanding eligible activities for CAL FIRE’s local assistance grant program in and near fire-threatened communities for fire prevention to include home hardening education.
SB 155
(Cmte. on Budget and Fiscal Review) Public Resources Trailer Bill.
Chapter 258, Statutes of 2021 (Urgency)
This measure makes the following investments in climate resiliency and disaster preparedness:
• $200 million continuously appropriated to CAL FIRE for healthy forest and fire prevention programs, and for prescribed burns and other fuel reduction projects; • $350 million to the State Coastal Conservancy for mitigating the impacts and effects of sea level rise, including low-interest loans to local jurisdictions to purchase properties vulnerable to sea level rise;
• $25 million to the OPR through the Integrated Climate Adaptation Program for establishing a grant program to mitigate the impacts of extreme heat or the heat island effect; and
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• $25 million to the Strategic Growth Council for the establishment of a community resilience centers grant program.
SB 456 (Laird) Fire Prevention. Wildfire and Forest Resilience. Action Plan.
Reports.
Chapter 387, Statutes of 2021
This measure requires the Forest Management Task Force, housed within CAL FIRE, to develop a comprehensive implementation strategy to achieve the goals and key actions identified in the task force’s “Wildfire and Forest Resilience Action Plan ”. This measure
requires specified annual reporting by the task force related to the progress achieving the goals and key actions in the plan.
SB 533
(Stern) Electrical Corporations. Wildfire Mitigation Plans. Deenergization Events.
Chapter 244, Statutes of 2021
This measure requires that an electrical corporation’s wildfire mitigation plan identify circuits that have frequently been deenergized to mitigate the risk of wildfire and the measures taken by the electrical corporation to reduce the need for future deenergization of those circuits.
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GOVERNANCE, TRANSPARENCY,
AND LABOR RELATIONS
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IV. Governance, Transparency, and Labor Relations
A. Political Reform Act of 1974
AB 319 (Valladares) Political Reform Act of 1974. Contributions. Foreign Governments of Principals.
Chapter 313, Statutes of 2021
This measure prohibits contributions, expenditures, and independent expenditures by foreign governments and foreign principals in connection with state and local candidate elections.
AB 1367
(Low) Political Reform Act of 1974. Committee Accounts and Campaign Funds.
Chapter 315, Statutes of 2021
This measure makes a person who uses campaign funds in a manner that violates the Political Reform Act of 1974 and results in an egregious personal benefit liable in an administrative or civil action brought by the commission for an amount of up to two times the amount of the unlawful expenditure. The measure defines “egregious personal benefit” to mean a direct personal benefit with a total value of $10,000 or more to a candidate, elected officer, or any individual or individuals with authority to approve the expenditure of campaign funds held by a committee.
AB 1590
(Cmte. on Elections) Political Reform Act of 1974.
Chapter 317, Statutes of 2021
This measure makes a non-substantive change to the Political Reform Act of 1974 by revising its definition of “proponent of a state ballot measure” to refer to the correct section in the Elections Code. This measure also clarifies that a committee that is required to pay a $50 annual fee to the Secretary of State, and that fails to timely pay that fee, is subject to an administrative penalty of $150. Transfers from the Fair Political Practices Commission to the Secretary of State (SOS) the responsibility for enforcing that requirement and for collecting the penalty.
SB 686
(Glazer) Campaign Disclosure. Limited Liability Companies.
Chapter 321, Statutes of 2021
This measure requires a limited liability company (LLC) that is engaged in campaign activity to provide additional information regarding the members and capital contributors to the LLC. An LLC that qualifies as a committee or a sponsor of a committee under the Political Reform Act of 1974 must file a statement of members with the SOS. This measure also requires the statement of members to include certain information about the limited liability company, including a list of all persons who have a membership interest in the limited liability company of at least 10% who made a cumulative capital contribution of at least $10,000 to the limited liability company after it qualified as a committee or sponsor of a committee, or within the 12 months before it qualified.
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B. Elections
*AB 37 (Berman) Elections. Vote by Mail Ballots.
Chapter 312, Statutes of 2021
This measure requires county elections officials to mail a ballot to every registered voter for all elections proclaimed or conducted prior to Jan. 1, 2022. This measure extends the requirements to mail a ballot to every registered voter to all elections and apply them to all local election officials. This measure also requires any county that does not conduct an all-mailed ballot election to provide at least two vote-by-mail ballot drop-off locations within the jurisdiction where the election is held, or at least one vote-by-mail ballot drop-off location for every 30,000 registered voters within the jurisdiction where the election is held, whichever results in more vote by mail ballot drop-off locations. In a jurisdiction with fewer than 30,000 registered voters, this measure requires at least one vote-by-mail ballot drop-off location and requires the elections official to make a reasonable effort to provide a ballot drop-off location in the jurisdiction where the election is held.
AB 502
(Davies) Common Interest Developments. Election Requirements.
Chapter 517, Statutes of 2021
This measure removes the requirement that a homeowner association (HOA) must have 6,000 or more units in order to use an election by acclamation procedure which allows HOAs to bypass a full election for board of directors if the number of nominees is not more than the number of vacancies to be filled. This measure instead authorizes the association to consider qualified candidates elected by acclamation if certain conditions are met including:
• The association has held a regular election for the directors in the last three years;
• The association provided individual notice of the election and procedures for nominating candidates at least 90 days before the deadline for submitting nominations, and a reminder notice between seven and 30 days before the deadline for submitting nominations; and
• The association board votes to consider the qualified candidates elected by acclamation at a meeting held in accordance with specified requirements.
AB 796
(Berman) Voter Registration. California New Motor Voter Program.
Chapter 314, Statutes of 2021
This measure requires a driver’s license or identification card application, renewal, or change of address notification, to include a voter registration application and requires the Department of Motor Vehicles (DMV) to transmit the application to the Secretary of State (SOS). The DMV must monitor the timeliness of its transmittals to the SOS, and to provide the SOS information regarding delays and irregularities in its ability to do so.
The DMV and the SOS each must designate an employee to undertake responsibilities to ensure compliance with the California New Motor Voter Program and the National Voter Registration Act. The SOS must also convene a task force to provide advice and perform other duties with respect to implementing the California New Motor Voter Program. The task force language in this measure sunsets on Jan. 1, 2025. 251
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AB 1495 (L. Rivas) Vacancy Elections.
Chapter 316, Statutes of 2021
This measure requires the Governor, when a vacancy occurs in California's representation in the U.S. Senate, to schedule an election for the U.S. Senate seat to be held at the next regularly scheduled statewide primary election that is at least 148 days away, with a general election for the seat being held at the ensuing statewide general election. This measure repeals a provision of law that permits a person who is appointed to fill a vacancy in the U.S. Senate to hold office for the remainder of the unexpired term if the vacancy occurs during a term that will expire on Jan. 3 following the next general election. This measure also requires that Los Angeles County place the regular election and special election for the office on the ballot before all other offices and measures, with the regular election for the office appearing first, for a statewide election if the election includes a special election to fill a vacancy in the Legislature or Congress.
AB 1591
(Cmte. on Elections) Elections Omnibus Bill.
Chapter 100, Statutes of 2021
This measure makes various minor, technical, and corresponding changes to the Elections Code, including:
• Revises ballot instructions with respect to candidates for Justice of the California Supreme Court or the California Court of Appeal such that voters are no longer instructed to mark a voting target to the right of the name of the candidate; • Permits a voter who wishes to opt out of receiving election materials by mail to confirm their identity by telephone or in person, and allows the elections official to process that request upon confirmation of the voter’s date of birth, residence address, and California driver’s license number, California identification number, or a partial social security number;
• Revises the notice required to be posted at voting locations that use electronic poll books to state that only a member of the precinct board may operate the device, and that it is a misdemeanor to tamper with, manipulate, or otherwise operate or interact with the device with the intent to falsify or prevent others from ascertaining specified information about a voter;
• Specifies that if an electronic poll book is used, a copy of the electronic data file may be preserved in lieu of preserving a paper copy of the rosters or combined rosters and voter lists, if applicable; and
• Deletes provisions of law that require an elections official, for specified elections, to preserve, among other items, a copy of the roster used as the voting record or, if an electronic poll book is used, a copy of the electronic data file, for a period of 22 months, and instead requires the records to be preserved for five years pursuant to a separate provision of existing law.
SB 29
(Umberg) Elections. Vote by Mail Ballots.
Chapter 3, Statutes of 2021 (Urgency)
This measure extends the requirement of county elections officials to mail a ballot to every registered voter for the Nov. 3, 2020, statewide general election to all elections proclaimed or conducted prior to Jan. 1, 2022. County elections officials must continue 252
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to use the vote-by-mail ballot tracking system developed by the Secretary of State (SOS), or a system that meets or exceeds the level of service provided by the SOS's system, for any election proclaimed or conducted prior to Jan. 1, 2022.
SB 35 (Umberg) Elections.
Chapter 318, Statutes of 2021
This measure makes changes to the distance withing which electioneering and other political activities near a voting site are prohibited. This measure also extends an existing deadline for a candidate for Governor to submit tax returns to the Secretary of State to have the candidate’s name printed on the direct primary ballot, from 98 days before the direct primary election to 88 days before the direct primary election.
SB 503
(Becker) Voting. Ballots and Signature Verification.
Chapter 319, Statutes of 2021
This measure adds additional parameters for county elections officials when comparing a voter’s signature on materials related to vote by mail ballots with the signature in the voter’s registration record. Specifically, this measure:
• Applies a presumption that the signature on an identification envelope, signature verification statement, unsigned ballot statement, or provisional ballot envelope, is the voter’s signature;
• Specifies that an exact signature is not required for an elections official to determine that the signature is valid and the fact that signatures share similar characteristics is sufficient to determine the signature is valid; • Permits a ballot to be rejected only if two officials determine beyond a reasonable doubt that a voter’s signature differs in multiple, significant, and obvious respects from all signatures in the voter’s registration record; • Prohibits an elections official from reviewing or considering a voter’s party preference, race, or ethnicity, when comparing signatures; and • Requires the elections official to send, on or before the next business day after discovering that a voter’s signature does not compare or is missing, except as specified, notice to the voter of the opportunity to verify or provide a signature and a postage-paid return envelope for the voter to return a signature verification statement or unsigned ballot statement.
*SB 590
(Allen) 2022 Statewide Primary Election. Terms of Office.
Chapter 107, Statutes of 2021
This measure extends any term of office set to expire in March or April 2022, where the next scheduled regular election for that office has been consolidated with the 2022 statewide primary election, until the certification of election results from the 2022 statewide primary election. This measure sunsets on Jan. 1, 2023.
SB 594 (Glazer) Elections. Redistricting.
Chapter 320, Statutes of 2021 (Urgency)
This measure makes various changes to state law governing candidate filing for the 2022 statewide primary election, redistricting in special districts following the 2020 census, and districting and redistricting for local governments. 253
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Specifically, this measure:
• Adds changes to the candidate filing process and administrative procedures for the 2022 statewide primary election to account for a later state redistricting deadline;
• Changes the redistricting deadlines for some special districts and added a Jan. 1, 2023 sunset date to these provisions;
• Deletes provisions in the bill relating to local redistricting that were technical or clarifying in nature; and
• Makes technical and conforming changes.
This measure sunsets on Jan. 1, 2023.
C. Workers’ Compensation/Healthcare
*AB 237
(Gray) Public Employment. Unfair Practices. Health Protection.
Chapter 740, Statutes of 2021
This measure prohibits California public employers from discontinuing employer contributions for health care coverage for employees who, during the duration of a strike, fall below the minimum hours worked to qualify for employee health care coverage.
*AB 654
(Reyes) COVID-19. Exposure. Notification.
Chapter 522, Statutes of 2021 (Urgency)
This measure clarifies provisions enacted in 2020 relating to workplace COVID-19 exposure notifications, which
• Adds renewable natural gas to the list of utilities that the Division of Occupational Safety and Health (Cal/OSHA) are not allowed to interrupt; and • Requires employers, when giving notice to the local public health agency of a COVID-19 outbreak, to give that notice within 48 hours or one business day, whichever is later.
This measure also adds the delivery of renewable natural gas to the list of utilities that the division’s prohibitions are not allowed to materially interrupt. This measure sunsets Jan. 1, 2023.
AB 845
(Rodriguez) Disability Retirement. COVID-19. Presumption.
Chapter 122, Statutes of 2021
This measure creates a rebuttable presumption that a COVID-19-related disability is employment-related for purposes of determining a disability retirement for public retirement system members. This measure sunsets on Jan. 1, 2023.
AB 1033
(Bauer-Kahan) California Family Rights Act. Parent-in-Law. Small Employer Family Leave Mediation. Pilot Program.
Chapter 327, Statutes of 2021
This measure modifies procedural aspects of the Department of Fair Employment and 254
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Housing’s (DFEH’s) pilot program under the California Family Rights Act (CFRA) to require an employee alleging a violation of job-protected leave to contact the dispute resolution division of DFEH prior to filing a civil action. This measure also clarifies that employers covered under the CFRA must grant eligible employees up to 12 weeks of job-protected time off from work annually for the purpose of providing care to a parent- in-law with a serious medical condition. The pilot program sunsets on Jan. 1, 2024.
SB 95
(Skinner) Employment. COVID-19. Supplemental Paid Sick Leave.
Chapter 13, Statutes of 2021 (Urgency)
This measure makes various changes to implement COVID-19 supplemental paid sick leave. Specifically, this measure:
• Provides for COVID-19 supplemental paid sick leave for covered employees who are unable to work or telework due to certain reasons related to COVID-19, including that the employee has been advised by a health care provider to self- quarantine due to concerns related to COVID-19;
• Entitles a covered employee to 80 hours of COVID-19 supplemental paid sick leave if that employee either works full time or was scheduled to work, on average, at least 40 hours per week for the employer in the 2 weeks preceding the date the covered employee took COVID-19 supplemental paid sick leave; and
• Provides a different calculation for supplemental paid sick leave for a covered employee who is a firefighter subject to certain work schedule requirements and for a covered employee working fewer or variable hours.
This measure specifies that COVID-19 supplemental paid sick leave shall remain in effect through Sept. 30, 2021.
SB 255
(Portantino) Health Care Coverage. Employer Associations.
Chapter 725, Statutes of 2021
This measure authorizes an association of employers to offer a large group health care service plan contract or large group health insurance policy consistent with the Employee Retirement Income Security Act of 1974 if certain requirements are met.
Requirements include that the association is headquartered in this state, is a multiple employer welfare arrangement (MEWA); and was established as a MEWA prior to March 23, 2010, and has continuously existed since that date.
SB 280
(Limón) Health Insurance. Large Group Health Insurance.
Chapter 636, Statutes of 2021
This measure requires a large group health insurance policy issued, amended, or renewed on or after July 1, 2022, to cover medically necessary basic health care services. This measure also authorizes the Insurance Commissioner to adopt regulations to implement these provisions. These provisions must apply to an individual, group, or blanket disability insurance policy if a specified condition is met.
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SB 718 (Bates) Health Care Coverage. Small Employer Groups.
This measure, until Jan. 1, 2026, permits an association of employers to offer a large group health plan contract or health insurance policy to small group employer members in the biomedical industry if the association is headquartered in California, was established before March 23, 2010, and in continued existence as a bona fide association that may act as an employer.
D. Employee Relations
AB 73 (R. Rivas) Health Emergencies. Employment Safety. Agricultural Workers.
Wildfire Smoke.
Chapter 322, Statutes of 2021 (Urgency)
This measure directs Cal/OSHA to review and update the content of wildfire smoke training in existing regulations and requires training provided by employers to be in a language and manner readily understandable by employees.
AB 1003
(Gonzalez) Wage Theft. Grand Theft.
Chapter 325, Statutes of 2021
This measure creates a new offense for the intentional theft of wages by an employer, punishable as either a felony or a misdemeanor. This measure authorizes wages, gratuities, benefits, or other compensation that are the subject of a prosecution under these provisions to be recovered as restitution in accordance with existing provisions of law.
SB 206
(McGuire) Firefighters Procedural Bill of Rights Act. Department of Forestry and Fire Protection. Temporary Appointments.
Chapter 722, Statutes of 2021
This measure applies the Firefighters Procedural Bill of Rights to seasonal temporary appointment firefighters.
*SB 270 (Durazo) Public Employment. Labor Relations. Employee Information.
Chapter 330, Statutes of 2021
This measure authorizes public employee unions to file a special unfair labor practices charge before the Public Employment Relations Board against public employers that fail to comply with existing law requiring disclosure of employee information to public employee unions. This measure limits the number of times a public employer can exercise their right to cure in a 12-month period.
SB 331 (Leyva) Settlement and Nondisparagement Agreements.
Chapter 638, Statutes of 2021
This measure prohibits the use of non-disclosure agreements to settle employment and housing-related legal claims involving unlawful harassment, discrimination, or related retaliation of any kind, with limited exceptions when requested by the complainant. This measure also prohibits the inclusion, in an employment severance agreement, of terms that prohibit the separated employee from discussing unlawful conduct at their former 256
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workplace, unless the separated employee agrees to those terms under specified conditions designed to safeguard the separated employee’s rights.
SB 572
(Hertzberg) Labor Commissioner. Enforcement. Lien on Real Property.
Chapter 335, Statutes of 2021
This measure authorizes the Labor Commissioner to create, as an alternative to a judgment lien, a lien on real property to secure amounts due to the commissioner under any final citation, findings, or decision.
SB 606
(Gonzalez) Workplace Safety. Violations of Statutes. Enterprise-Wide Violations. Egregious Violations.
Chapter 336, Statutes of 2021
This measure authorizes Cal/OSHA to issue a citation for an egregious violation of an occupational safety or health standard, order, special order, or regulation, for each willful violation determined by Cal/OSHA, and count each employee affected by the violation as a separate violation for the purposes of the issuance of fines and penalties.
This measure also establishes a rebuttable presumption that an employer’s written policy that violates certain health and safety regulations exists at all an employer’s worksites and adds a definition of “egregious violation” that carries specified additional penalties.
SB 634 (Cmte. on Labor, Public Employment and Retirement) Public Employees’ Retirement.
Chapter 186, Statutes of 2021
This measure makes technical amendments to clean up and clarify portions of the Education and Government Codes regulating the California State Teachers’ Retirement System (CalSTRS), the California Public Employees’ Retirement System (CalPERS), and the County Employees Retirement Law of 1937 (37 Act or CERL) retirement systems.
SB 639 (Durazo) Minimum Wages. Persons With Disabilities.
Chapter 339, Statutes of 2021
This measure requires the development of a plan to phase out the use of the subminimum wage certificate program which authorizes employers to pay less than minimum wage for employees with physical or mental disabilities, by Jan. 1, 2025. This measure also requires the plan be posted online and reported to the Legislature by Jan. 1, 2024. No new licenses for the subminimum wage certificate program shall be issued beginning Jan. 1, 2022, and existing license holders must meet benchmarks provided for in the phaseout plan in order to be relicensed.
SB 646 (Hertzberg) Labor Code Private Attorneys General Act of 2004. Janitorial Employees.
Chapter 337, Statutes of 2021
This measure allows janitorial employees who are covered by a collective bargaining agreement that meets certain conditions to be exempt from filing a lawsuit against their 257
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employer under the Private Attorneys General Act of 2004. The exemption sunsets on July 1, 2028.
SB 657
(Ochoa Bogh) Employment. Electronic Documents.
Chapter 109, Statutes of 2021
This measure provides that, in any instance in which an employer is required to physically post information, an employer may also distribute that information to employees by email with the document or documents attached. This measure also specifies that this does not alter the employer’s obligation to physically display the required posting.
SB 727
(Leyva) Labor-Related Liabilities. Direct Contractor.
Chapter 338, Statutes of 2021
This measure extends, for contracts entered into on or after Janu. 1, 2022, the direct contractor’s liability to penalties, liquidated damages, and interest owed by the subcontractor on account of the performance of the labor.
E. Government Operations
AB 378 (Bauer-Kahan) Public Officials.
Chapter 50, Statutes of 2021
This measure replaces gendered terms for non-gendered terms for California code sections involving statewide elected officers in the Fair Political Practices Act, and the California Coastal Act.
AB 751
(Irwin) Vital Records. Certified Copies. Electronic Requests.
Chapter 623, Statutes of 2021
This measure deletes the Jan. 1, 2022, sunset date authorizing an official to accept an electronic request for a certified copy of a birth, death, or marriage certificate. This measure also prohibits personal information and documents provided to the State Registrar, local registrar, or county recorder for the purpose of identity verification to acquire vital records from being used, shared, distributed, or accessed by any other state or municipal agency or third party for any other purpose.
AB 1480
(Rodriguez) Employers. Prohibited Disclosure of Information. Arrest of Detention.
Chapter 158, Statutes of 2021
This measure allows a criminal justice agency to inquire, seek, and utilize information about certain non-sworn employees concerning an arrest or detention that did not result in a conviction, information concerning a referral or participation in a diversion program, and information that has been judicially dismissed or ordered sealed, and similarly authorizes the disclosure of such records.
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SB 336 (Ochoa Bogh) Public Health. COVID-19.
Chapter 487, Statutes of 2021 (Urgency)
This measure requires, when the State Department of Public Health issues a statewide order or mandatory guidance, or when a local health officer issues an order, related to preventing the spread of COVID-19 or protecting public health against a threat of COVID-19, that they publish on their website the order or guidance and the date that the order or guidance takes effect. The measure also requires the department or local health officer to create an opportunity for local communities, businesses, nonprofit organizations, individuals, and others to sign up for an email distribution list relative to changes to the order or guidance.
SB 447
(Laird) Civil Actions. Decedent’s Cause of Action.
Chapter 448, Statutes of 2021
This measure authorizes damages for a decedent’s pain, suffering, or disfigurement to be recovered in an action brought by the decedent’s personal representative or successor in interest if the action or proceeding was granted a specified preference before Jan. 1, 2022, or was filed on or after Jan. 1, 2022, and before Jan. 1, 2026.
SB 461 (Cortese) Unfair Competition Law. Enforcement.
Chapter 140, Statutes of 2021
This measure authorizes the county counsel of any county in which a city has a population in excess of 750,000 people to bring actions under the Unfair Competition Law.
SB 501 (Wieckowski) Claims Against Public Entities.
Chapter 218, Statutes of 2021
This measure extends the conditions under which certain injured parties who are minors or who are physically or mentally incapacitated are entitled to have their applications to file untimely claims against public entities granted. This measure additionally requires a board to grant an application for leave to present a claim if the person who sustained the alleged injury, damage, or loss was a minor or was physically or mentally incapacitated during any of the six months after the accrual of the cause of action, if the application is presented within six months of the person turning 18 years of age, or of the person no longer being physically or mentally incapacitated or a year after the claim accrues, whichever occurs first.
SB 807
(Wieckowski) Enforcement of Civil Rights. Department of Fair Employment and Housing.
Chapter 278, Statutes of 2021
This measure tolls the deadline for the Department of Fair Employment and Housing (DFEH) to file a civil action pursuant to the California Fair Employment and Housing Act (FEHA) while a mandatory or voluntary dispute resolution is pending. The FEHA establishes DFEH within the Business, Consumer Services, and Housing Agency under the direction of the Director of DFEH. The FEHA makes certain discriminatory employment and housing practices unlawful, and authorizes a person claiming to be aggrieved by an alleged unlawful practice to file a verified complaint with the DFEH. The 259
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FEHA requires the DFEH to make an investigation in connection with a filed complaint alleging facts sufficient to constitute a violation of the FEHA, and requires the DFEH to endeavor to eliminate the unlawful practice by conference, conciliation, and persuasion.
If conference, conciliation, mediation, or persuasion fails and the DFEH has required all parties to participate in a mandatory dispute resolution, as specified, the FEHA authorizes the director to bring a civil action in the name of the DFEH on behalf of the person claiming to be aggrieved within a specified amount of time.
F. Privacy and Data Protection
AB 335 (Boerner Horvath) California Consumer Privacy Act of 2018. Vessel Information.
Chapter 700, Statutes of 2021
This measure clarifies that a consumer's right to opt-out of the sale or sharing of their personal information, provided by the California Consumer Privacy Act of 2018 and the California Privacy Rights Act, respectively, does not apply to vessel or ownership information shared between a vessel manufacturer and dealer for the purpose of or in anticipation of a vessel repair covered by a warranty or recall conducted pursuant to federal law.
AB 694
(Cmte. on Privacy and Consumer Protection) Privacy and Consumer Protection. Omnibus Bill.
Chapter 525, Statutes of 2021
This measure extends the authority of the board of supervisors of a county to charge an annual registration fee to recover the costs of the county sealer of weights and measures, until Jan. 1, 2027, and makes other technical changes to the Consumer Privacy Rights Act.
AB 825
(Levine) Personal Information. Data Breaches. Genetic Data.
Chapter 527, Statutes of 2021
This measure adds “genetic information” to the definition of personal information for purposes of the laws requiring certain businesses to implement and maintain reasonable security procedures and practices to protect personal information they own, license, or maintain. This measure requires businesses and agencies that maintain personal information to disclose a breach of genetic information.
AB 1391
(Chau) Unlawfully Obtained Data.
Chapter 594, Statutes of 2021
This measure makes it unlawful for a person to sell data, or sell access to data, that the person has obtained or accessed pursuant to the commission of a crime. It also makes it unlawful for a person, who is not an authorized person to purchase or use data from a source that the person knows or reasonably should know has obtained or accessed that data through the commission of a crime.
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G. California Public Records Act
AB 473 (Chau) California Public Records Act.
Chapter 614, Statutes of 2021
This measure recodifies and reorganizes provisions of the California Public Records Act (CPRA) in the CPRA Recodification Act of 2021 without making any substantive changes to the act and makes related findings.
AB 474 (Chau) California Public Records Act. Conforming Revisions.
Chapter 615, Statutes of 2021
This measure enacts various conforming and technical changes related to AB 473, which recodifies and reorganizes the CPRA. The measure also specifies that any other bill enacted by the Legislature during the 2021 calendar year that takes effect on or before Jan. 1, 2022, and that affects a provision of this bill shall prevail over this act.
H. Public Employee Retirement System
AB 761 (Chen) County Employees’ Retirement. Personnel. Orange County.
Chapter 26, Statutes of 2021
This measure authorizes the Orange County Employees Retirement System Board of Retirement to appoint an expanded number of personnel who are exempt from the Orange County civil service.
AB 890
(Cervantes) Public Employee Retirement Systems. Investment Management. Reports.
Chapter 472, Statutes of 2021
This measure requires, until Jan. 1, 2028, requires the Board of Administration of CalPERS and the CalSTRS Board to provide reports to the Legislature, commencing March 1, 2023, and annually thereafter, on the status of achieving objectives and initiatives, to be defined by the boards, regarding participation of emerging managers or diverse managers responsible for asset management within each retirement system's portfolio of investments.
*SB 278
(Leyva) Public Employees’ Retirement System. Disallowed Compensation. Benefit Adjustments.
Chapter 331, Statutes of 2021
This measure requires public agencies, when CalPERS determines that compensation agreed to under a collective bargaining agreement is non-pensionable, to pay penalties in a lump sum and pay CalPERS the full cost of any overpayment of paid benefits made to the affected retired member, survivor, or beneficiary resulting from the disallowed compensation. The penalty is 20% of the difference between the monthly allowance with the disallowed compensation and without. Ninety percent of the penalty goes to the retiree and 10% goes directly to CalPERS.
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SB 294 (Leyva) Public Retirement. Leave of Absence. Service Credit.
Chapter 539, Statutes of 2021
This measure requires CalSTRS and CalPERS to credit their school members who are certificated or classified school employees of a K-12 or California community college district (including a county office of education) with a retirement service credit for the member’s service as an elected public employee union officer. This measure requires the appropriate union to reimburse the school employer. This also eliminates the 12- year cap and provides service credit retroactively, similar to treatment of such service for other public employees.
SB 411
(Cortese) Public Employees’ Retirement System. Employment Without Reinstatement.
Chapter 136, Statutes of 2021
This measure grants discretionary authority to CalPERS to reinstate a retiree to active membership if they work more than the 960 hours per fiscal year limit, under current law, in CalPERS-covered positions. This measure also limits the circumstances in which retired members and employers are obligated to pay employee and employer contributions, which would have otherwise been paid, plus interest, to apply only to specified reinstatements.
I. Public Meetings
*AB 361
(R. Rivas) Open Meetings. State and Local Agencies. Teleconferences.
Chapter 165, Statutes of 2021 (Urgency)
This measure allows, until Jan. 1, 2024, local agencies to use teleconferencing without complying with specified Ralph M. Brown Act restrictions in certain state emergencies, and provides similar authorizations, until Jan. 31, 2022, for state agencies subject to the Bagley-Keene Open Meetings Act and legislative bodies subject to the Gloria Romero Open Meetings Act of 2000.
AB 1291
(Frazier) State Bodies. Open Meetings.
Chapter 63, Statutes of 2021
This measure requires a state body, when it limits time for public comment, to provide at least twice the allotted time to a member of the public who utilizes translating technology.
SB 274 (Wieckowski) Local Government Meetings. Agenda and Documents.
Chapter 763, Statutes of 2021
This measure requires a local agency with an internet website, or its designee, to email a copy of, or website link to, the agenda or a copy of all the documents constituting the agenda packet if the person requests that the items be delivered by email. If a local agency determines it to be technologically infeasible to send a copy of the documents or a link to a website that contains the documents by email or by other electronic means, the legislative body or its designee must send by mail a copy of the agenda or a website link to the agenda and mail a copy of all other documents constituting the agenda 262
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packet.
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HOUSING, COMMUNITY, AND
ECONOMC DEVELOPMENT
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V. Housing, Community, and Economic Development
A. Accessory Dwelling Units
AB 345 (Quirk-Silva) Accessory Dwelling Units. Separate Conveyance.
Chapter 343, Statutes of 2021
This measure requires each local agency to allow an accessory dwelling unit to be sold or conveyed separately from the primary residence to a qualified buyer.
B. Economic Development
AB 1297
(Holden) California Infrastructure and Economic Development Bank.
Public and Economic Development Facilities. Housing.
Chapter 356, Statutes of 2021
This measure expands the financing authority of the California Infrastructure and Economic Development Bank (IBank) to include housing projects, when that housing is necessary for the operation of the financed project. The new authority applies to economic development facilities and public development facilities financed through any of the IBank’s financing programs or authorities.
AB 1574
(Cmte. on Jobs, Economic Development, and the Economy) Public Contracts. Small Business Liaisons and Advocates and Disabled Veteran Business Enterprises. Preferences.
Chapter 756, Statutes of 2021
This measure makes various changes to California's certified small and microbusiness, Disabled Veteran Business Enterprise, and Target Area Contract Preference Act (TACPA) programs, including enhancing the promotion of procurement programs, authorizing specified public entities to bring a civil action for a violation involving a knowingly fraudulent representation, and expanding and clarifying the TACPA.
SB 7
(Atkins) Environmental Quality. Jobs and Economic Improvement Through Environmental Leadership Act of 2021.
Chapter 19, Statutes of 2021 (Urgency)
This measure re-establishes the expedited California Environmental Quality Act (CEQA) administrative and judicial review procedures in the Jobs and Economic Improvement Through Environmental Leadership Act (Leadership Act) for “environmental leadership development projects” for four years. Projects certified by the Governor under the former Leadership Act before Jan. 1, 2020 and approved by a lead agency on or before Jan. 1, 2022, may be governed by the requirements of the former Leadership Act.
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C. Affordable Housing
AB 491 (Ward) Housing. Affordable and Market Rate Units.
Chapter 345, Statutes of 2021
This measure requires that a mixed-income multifamily structure provide the same access to the common entrances, common areas, and amenities of the structure to occupants of the affordable housing units in the structure as is provided to occupants of the market-rate housing units. This measure also prohibits a mixed-income multifamily structure from isolating the affordable housing units within the structure to a specific floor or an area on a specific floor.
AB 571
(Mayes) Planning and Zoning. Density Bonuses. Affordable Housing.
Chapter 346, Statutes of 2021
This measure prohibits a city or county from imposing affordable housing impact fees, including inclusionary zoning fees and in-lieu fees, on a housing development’s affordable units under Density Bonus Law.
AB 634
(Carrillo) Density Bonus Law. Affordability Restrictions.
Chapter 348, Statutes of 2021
This measure provides that, if permitted by local ordinance, the Density Bonus Law is not to be construed to prohibit a city, county, or city and county from requiring an affordability period that is longer than 55 years for any units that qualified the applicant for the award for the density bonus developed in compliance with a local ordinance that requires, as a condition of development of residential units, that a development include a certain percentage of units that are affordable to, and occupied by low-income, lower- income, very low-income, or extremely low-income households and that will be financed without low-income housing tax credits.
AB 721
(Bloom) Covenants and Restrictions. Affordable Housing.
Chapter 349, Statutes of 2021
This measure makes any recorded covenants, conditions, restrictions, or limits on the use of private or publicly owned land contained in any deed, contract, security instrument, or other instrument affecting the transfer or sale that restricts the number, size, or location of the residences that may be built on the property, or that restricts the number of persons or families who may reside on the property, unenforceable against the owner of an affordable housing development, as defined, if an approved restrictive covenant affordable housing modification document has been recorded in the public record, as provided, unless a specified exception applies.
AB 1043
(Bryan) Housing Programs. Rental Housing Developments. Affordable Rent.
Chapter 354, Statutes of 2021
This measure adds “acutely low-income households” to the list of income categories for purposes of defining affordable rents. This measure defines affordable rent for “acutely low-income households” as the product of 30 times 15% area median income (AMI) adjusted for family size appropriate for the unit and defines “acutely low-income 266
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households” as persons and families whose incomes do not exceed 15% AMI, adjusted for family size and revised annually.
AB 1095 (Cooley) Affordable Rental and Owner-Occupied Housing. Equity in State and Local Programs.
Chapter 355, Statutes of 2021
This measure:
• Clarifies that projects eligible for Affordable Housing Sustainable Communities funding include owner-occupied housing, in addition to rental housing; • Requires the Strategic Growth Council (SGC) to adopt guidelines or selection criteria that include both affordable housing rental units and owner-occupied affordable housing units; and
• Provides that for notices of funding availability released after July 1, 2022, SGC may include guidelines or criteria for the award of funds to projects that provide home ownership opportunities for low-income individuals.
*SB 290 (Skinner) Density Bonus Law. Qualifications for Incentives of Concessions. Student Housing for Lower-Income Students. Moderate-Income Persons and Families. Local Government Constraints.
Chapter 340, Statutes of 2021
This measure requires a unit designated to satisfy the inclusionary zoning requirements of a city or county to be included in the total number of units on which a density bonus and the number of incentives or concessions are based. This measure also requires a city or county to grant one incentive or concession for a student housing development project that will include at least 20% of the total units for lower-income students.
SB 591 (Becker) Senior Citizens. Intergenerational Housing Developments.
Chapter 364, Statutes of 2021
This measure authorizes the establishment of an intergenerational housing development that includes senior citizens along with caregivers and transition-age youth. This measure requires that the covenants, conditions, and restrictions and other documents or written policy for the development set forth the limitations on occupancy, residency, or use. This measure requires at least 80% of the occupied dwelling units in an intergenerational housing development to be occupied by at least one senior citizen, as specified, and up to 20% of the occupied dwelling units in the development to be occupied by at least one caregiver or transition-age youth, as specified. This measure also requires the development to be affordable to lower-income households.
SB 728
(Hertzberg) Density Bonus Law. Purchase of Density Bonus Units by Nonprofit Housing Organizations.
Chapter 365, Statutes of 2021
This measure amends the current statute to require the developer and the city or county to ensure that (1) a for-sale unit that qualified the developer for the award of the density bonus is initially occupied by a person or family of the required income, offered at an affordable housing cost, as defined, and includes an equity sharing agreement, or (2) a qualified nonprofit housing organization that is receiving the welfare exemption 267
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purchases (described below) the unit pursuant to a specified recorded contract that includes an affordability restriction, an equity sharing agreement and a repurchase option that requires a subsequent purchaser that desires to sell or convey the property to first offer the nonprofit corporation the opportunity to repurchase the property. Current law, commonly referred to as the Density Bonus Law, requires a city or county to provide a developer that proposes a housing development within the city or county with a density bonus and other incentives or concessions, as specified, if the developer agrees to construct, among other options, specified percentages of units for moderate- income, lower-, or very low-income households and meets other requirements. Current law requires the developer and the city or county to ensure that the initial occupant of a for-sale unit that qualified the developer for the award of the density bonus is a person or family of very low-, low-, or moderate-income.
D. Homelessness
AB 27 (L. Rivas) Homeless Children and Youths and Unaccompanied Youths.
Reporting.
Chapter 394, Statutes of 2021 (Urgency)
This measure requires a local educational agency to ensure that each school within the local educational agency identifies all homeless children and youths and unaccompanied youths enrolled at the school.
*AB 362 (Quirk-Silva) Homeless Shelters. Safety Regulations.
Chapter 395, Statutes of 2021
This measure requires a city or county that receives a complaint from an occupant of a homeless shelter, as defined, or an agent of an occupant, alleging that a homeless shelter is substandard to inspect the homeless shelter. This measure requires a city or county that determines that a homeless shelter is substandard to issue a notice to correct the violation to the owner or operator of the homeless shelter within 10 business days of the inspection or issue the notice to correct the violation immediately if the violation constitutes an imminent threat to the health and safety of the occupants of the homeless shelter. Additionally, this measure authorizes a city or county to issue an emergency order directing the owner or operator to take immediate action to rectify violations if the city determines that the violations are dangerous, hazardous, imminently detrimental to life or health, or otherwise render the homeless shelter unfit for human habitation.
AB 546
(Maienschein) Dependent Children. Documents. Housing.
Chapter 519, Statutes of 2021
This measure expands the list of information, documents, and services that a county welfare department, at the last review hearing prior to a youth's 18th birthday and at every regularly scheduled hearing thereafter, as well as prior to the termination of dependency jurisdiction, must report to the court its progress in providing to the youth to include whether referrals to transitional housing have resulted in housing being secured for the minor or nonminor, and, if not, what, if any, different or additional referrals or 268
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assistance the county welfare department has provided that are intended to secure housing; the duration of the housing, if known to the county welfare department; and, if applicable, information, including summaries, describing additional referrals, assistance, or services provided by county departments or agencies other than the county welfare department that are intended to prevent the youth from becoming homeless if jurisdiction is terminated.
*AB 464 (Mullin) Enhanced Infrastructure Financing Districts. Allowable Facilities and Projects.
Chapter 25, Statutes of 2021
This measure includes, in the list of facilities and projects the district may fund, the acquisition, construction, or repair of commercial structures by the small business occupant of such structures if facilities in which nonprofit community organizations provide health, youth, homeless, and social services. Current law authorizes the legislative body of a city or a county to establish 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, including, but not limited to, the acquisition, construction, or repair of industrial structures for private use.
AB 816
(Chiu) Homelessness. Housing Trust Fund. Housing Projects.
Chapter 396, Statutes of 2021
This measure requires the Department of Housing and Community Development (HCD) to allocate National Housing Trust Fund monies to projects serving individuals experiencing homelessness, to the extent that a sufficient number of projects exist.
*AB 977 (Gabriel) Homelessness Program Data Reporting. Homeless Management Information System.
Chapter 397, Statutes of 2021
This measure requires grantees or entities that receive funding from a state homeless program or programs to report certain data to the Homeless Coordinating and Financing Council (HCFC) on the populations they serve.
AB 1220
(L. Rivas) Homelessness. California Interagency Council on Homelessness.
Chapter 398, Statutes of 2021
This measure renames the HCFC as the Interagency Council on Homelessness, reconstitutes its membership, and requires it to consult with a specified advisory group of stakeholders.
SB 400
(Jones) Homeless Children and Youths. Local Educational Agencies.
Collaboration, Training, and Reporting.
Chapter 400, Statutes of 2021
This measure requires a liaison for homeless children and youths of a local educational agency, as defined to include a school district, county office of education, charter school, or special education local plan area, to ensure the identification by school 269
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personnel of those children and youths through outreach and coordination activities with other organizations and the referral of services to homeless families and homeless children and youth.
E. Land Use/Planning
AB 68
(Quirk-Silva) Department of Housing and Community Development.
California Statewide Housing Plan. Annual Reports.
Chapter 341, Statutes of 2021
This measure revises and recasts provisions related to the California Statewide Housing Plan. This measure, starting with any update or revision to the plan on or after Jan. 1, 2023, requires the plan to include specified information, including, among other things, the number of affordable units needed to meet the state’s affordable housing needs and recommendations for modernizing statutory and regulatory terminology. HCD must publish and make the plan available to the public on HCD’s website.
*AB 215 (Chiu) Planning and Zoning Law. Housing Element. Violations.
Chapter 342, Statutes of 2021
This measure adds a new step in the housing element certification process that require 40 additional days; creates a new three-year statute of limitations for any action brought pursuant to the AB 72 enforcement process; and allows HCD to appoint or contract with other counsel to represent the department when the Attorney General declines to represent HCD in an AB 72 enforcement action.
AB 787
(Gabriel) Planning and Zoning. Housing Element. Converted Affordable Housing Units.
Chapter 350, Statutes of 2021
This measure authorizes city or county to include in its annual report to HCD, for up to 25% of a jurisdiction’s moderate-income regional housing need allocation, the number of units in an existing multifamily building that were converted to deed-restricted rental housing for moderate-income households by the imposition of affordability covenants and restrictions for the unit.
AB 803
(Boerner Horvath) Starter Home Revitalization Act of 2021.
Chapter 154, Statutes of 2021
This measure authorizes a development proponent to submit an application for the construction of a small home lot development, as defined, that meets specified criteria.
The measure requires a small home lot development to be located on a parcel that is no larger than five acres, is substantially surrounded by qualified urban uses, and is zoned for multifamily residential use.
AB 1029
(Mullin) Housing Elements. Prohousing Local Policies.
Chapter 353, Statutes of 2021 (Urgency)
This measure adds the preservation of affordable housing units as a pro-housing local policy that HCD can consider in developing a pro-housing designation. 270
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*AB 1174 (Grayson) Planning and Zoning. Housing. Development Application Modifications, Approvals, and Subsequent Permits.
Chapter 160, Statutes of 2021 (Urgency)
This measure makes changes to the ministerial process created by SB 35 (Wiener, Chapter 366, Statutes of 2017). These changes include the following:
• "Development activity" includes permitted demolition and grading, rather than only vertical construction;
• The extension of the project approval that must be granted when a developer requests a project modification only applies to the first requested modification; • In determining whether a project modification would allow local agencies to apply new objective development standards, these calculations must not include underground space;
• For specified large projects that submitted applications before 2019, the definition of "affordable rent" for 70%of the affordable units must use the definition of "affordable rent" used by the California Tax Credit Allocation Committee, rather than the one specified in the Health and Safety Code; and • Amends the findings and declarations to clarify that it is the provision of affordable housing that is a matter of statewide concern and is not a municipal affair, rather than that the contents of this bill are unto themselves a matter of statewide concern.
AB 1180
(Mathis) Local Governments. Surplus Land. Tribes.
Chapter 62, Statutes of 2021
This measure adds to the definition of “exempt surplus land,” land transferred by a local agency to a federally recognized California Indian tribe.
AB 1304
(Santiago) Affirmatively Further Fair Housing. Housing Element.
Inventory of Land.
Chapter 357, Statutes of 2021
This measure clarifies that a public agency has a mandatory duty to administer its programs and activities relating to housing and community development in a manner to affirmatively further fair housing, and to not take any action that is materially inconsistent with this obligation. Specifically, this measure expands the ways in which local agencies must affirmatively further fair housing in their housing elements.
AB 1398
(Bloom) Planning and Zoning. Housing Element. Rezoning of Sites.
Prohousing Local Policies.
Chapter 358, Statutes of 2021
This measure requires a local government that fails to adopt a housing element that HCD has found to be in substantial compliance with state law within 120 days of the statutory deadline to complete this rezoning no later than one year from the statutory deadline for the adoption of the housing element.
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*SB 8 (Skinner) Housing Crisis Act of 2019.
Chapter 161, Statutes of 2021
This measure makes numerous changes to the Housing Crisis Act of 2019. The most notable changes are: extends the sunset on the Act by five years, to Jan. 1, 2030, and provides that until Jan. 1, 2034, the Act’s provisions apply to a housing development project that submits a preliminary application before Jan. 1, 2030; extends by one year, up to three and a half years, the period during which a local government may not impose new rules or standards on an affordable housing project, as defined; and clarifies that appeals and public meetings related to density bonus law are counted for the purposes of the five hearing limit in the Act and includes technical changes to the limitation on a local government’s ability to reduce the intensity of land use in its jurisdiction.
*SB 9 (Atkins) Housing Development. Approvals.
Chapter 162, Statutes of 2021
This measure, among other things, requires a proposed housing development containing no more than two residential units within a single-family residential zone to be considered ministerially, without discretionary review or hearing, if the proposed housing development meets certain requirements, including, but not limited to, that the proposed housing development would not require demolition or alteration of housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate-, low-, or very low-income, that the proposed housing development does not allow for the demolition of more than 25% of the existing exterior structural walls, except as provided, and that the development is not located within a historic district, is not included on the State Historic Resources Inventory, or is not within a site that is legally designated or listed as a city or county landmark or historic property or district. This measure also requires local governments to ministerially approve an urban lot split, thus creating two independent lots that may be sold separately.
*SB 10 (Wiener) Planning and Zoning. Housing Development. Density.
Chapter 163, Statutes of 2021
This measure, notwithstanding any local restrictions on adopting zoning ordinances, authorizes a local government to adopt an ordinance to zone any parcel for up to 10 units of residential density per parcel, at a height specified in the ordinance, if the parcel is located in a transit-rich area or an urban infill site, as those terms are defined. The measure specifies that an ordinance adopted under these provisions, and any resolution to amend the jurisdiction’s General Plan, ordinance, or other local regulation adopted to be consistent with that ordinance, is not a project for purposes of CEQA.
This measure also prohibits an ordinance adopted under these provisions from superseding a local restriction enacted or approved by a local initiative that designates publicly owned land as open-space land or for park or recreational purposes. This measure sunsets on Jan. 1, 2029.
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SB 51 (Durazo) Surplus Residential Property.
Chapter 130, Statutes of 2021 (Urgency)
This measure provides that the surplus land disposal procedures, as they existed on Dec. 31, 2019, apply if a local agency, as of Sept. 30, 2019, has issued a competitive request for proposals that seeks development proposals for the property that includes a residential component of at least 100 residential units and 25% of the total units developed comply with specified affordability criteria, provided that a disposition and development agreement, as defined, is entered into not later than Dec. 31, 2024. If the property is not disposed of pursuant to a qualifying disposition and development agreement before March 31, 2026, or if no disposition and development agreement is entered into before Dec. 31, 2024, the measure requires that future negotiations for and disposition of the property comply with the surplus land disposal procedures then in effect.
SB 319
(Melendez) Land Use. Development Fees. Audit.
Chapter 385, Statutes of 2021
This measure adds an additional requirement for audits requested by a person to determine whether a fee or charge levied by a local agency exceeds the amount reasonably necessary to cover the cost of any product, public facility, or service provided by the local agency This measure requires these audits to include each consecutive year the local agency did not comply with the disclosure requirement.
Current law authorizes a person to request an audit to determine whether a fee or charge levied by a local agency exceeds the amount reasonably necessary to cover the cost of any product, public facility, or service provided by the local agency. If a local agency does not comply with the above-described disclosure requirement for three consecutive years, existing law prohibits the local agency from requiring that person to make a specified deposit and requires the local agency to pay the cost of the audit.
*SB 478 (Wiener) Planning and Zoning Law. Housing Development Projects.
Chapter 363, Statutes of 2021
This measure prohibits a local agency from imposing a floor area ratio standard that is less than 1.0 on a housing development project that consists of three to seven units, or less than 1.25 on a housing development project that consists of eight to ten units.
SB 574
(Laird) Agricultural Preserves. Williamson Act.
Chapter 644, Statutes of 2021
This measure revises and recasts the provisions of the California Land Conservation Act of 1965 to no longer require the assessor to provide notice to the Department of Conservation and to require the board of supervisors or city council to provide notice to the Department if the certificate of tentative cancellation is withdrawn, as specified.
Under the California Land Conservation Act of 1965, the board of supervisors or city council may grant tentative approval for a cancellation by petition of a landowner as to all or any part of land subject to a contract, as specified. Prior to any action by the board or council giving tentative approval to the cancellation of any contract, the county assessor is required to determine the current fair market value of the land as though it were free of the contractual restriction and requires the assessor to send the fair market 273
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value to the Department at the same time the assessor sends the value to the landowner. Current law provides for a certificate of tentative cancellation upon tentative approval of a petition by a landowner accompanied by a proposal for a specified alternative use of the land, as provided. Current law requires the board of supervisors or city council to provide notice to the Department related to the cancellation of the contract as well as in other specified instances.
SB 712
(Hueso) Local Government. California Tribes. Federal Fee-to-Trust Applications to Regain Ancestral Lands.
Chapter 291, Statutes of 2021
This measure encourages state and local governments, as defined, to work cooperatively with tribes in their fee-to-trust applications for purposes of regaining ancestral lands, and to support tribes in their nongaming fee-to-trust applications. This measure also prohibits local governments from adopting or enforcing a resolution or ordinance that would prevent the local government from conducting a fair evaluation of a fee-to-trust application by a federally recognized tribe based on the merits of the application.
*SB 791 (Cortese) California Surplus Land Unit.
Chapter 366, Statutes of 2021
This measure, upon appropriation by the Legislature, establishes the California Surplus Land Unit within HCD with the primary purpose of facilitating the development and construction of residential housing on local surplus land. This measure authorizes the unit to, among other things, facilitate agreements between housing developers and local agencies that seek to dispose of surplus land; provide advice, technical assistance, and consultative and technical service to local agencies with surplus land and developers that seek to develop housing on the surplus land; and collaborate with specified state agencies to assist housing developers and local agencies with obtaining grants, loans, tax credits, credit enhancements, and other types of financing that facilitate the construction of housing on surplus land.
SB 828 (Cmte. on Governmental Organization) Surplus State Real Property.
Disposal.
Chapter 189, Statutes of 2021
This measure authorizes the Director of the Department of General Services (DGS) to dispose of specified state properties pursuant to these provisions, subject to conditions relating to the approval of the disposal to the extent the property is subject to outstanding bonds. Current law authorizes the Director of DGS to dispose of surplus state real property where that property is not needed by another state agency and the Legislature has authorized disposal of the property. Current law also specifies the manner in which the DGS is to dispose of surplus state real property.
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F. Landlord–Tenant
AB 832 (Chiu) COVID-19 Relief. Tenancy. Federal Rental Assistance.
Chapter 27, Statutes of 2021(Urgency)
This measure extends the tenant, landlord, and homeowner protections provided by SB 91 (Chapter 2, Statutes of 2021, see Budget Trailer Bills section) until Sept. 30, 2021, including the current requirement that tenants pay 25% per month by Sept. 30, 2021, when the moratorium ends. It also extends the dates around statewide uniformity and preemption rules until March 31, 2022 and codifies debt-masking protections in COVID- 19 cases. Additionally, this measure made changes to the Emergency Rental Assistance Program and court procedures for evictions.
*AB 838 (Friedman) State Housing Law. Enforcement Response To Complaints.
Chapter 351, Statutes of 2021
This measure, beginning July 1, 2022, requires a city or county that receives a complaint of a substandard building or a lead hazard violation from a tenant, resident, or occupant, or an agent of a tenant, resident, or occupant, except as specified, to inspect the building, portion of the building intended for human occupancy, or premises of the building, document the lead hazard violations that would be discovered based upon a reasonably competent and diligent visual inspection of the property and identify any building, portion of a building intended for human occupancy, or premises on which such a building is located that is determined to be substandard, as applicable. This measure requires the city or county to advise the owner or operator of each violation and of each action that is required to be taken to remedy the violation and to schedule a reinspection to verify correction of the violations.
G. Mobilehomes
AB 861 (Bennett) Mobilehome Parks. Rental Restrictions. Management.
Chapter 706, Statutes of 2021
This measure requires mobilehome park management to comply with any park rule or regulation which prohibits mobilehome owners from renting or subleasing unless management is renting or subleasing to an employee. This measure exempts tenancies established prior to Jan. 1, 2022, as long as a tenant listed on the rental agreement continues to occupy the mobilehome.
AB 978
(Quirk-Silva) Mobilehome Parks. Rent Caps.
Chapter 125, Statutes of 2021
This measure prohibits a mobilehome park located in two incorporated cities from raising rents more than 3%, plus the percentage change in the cost of living, and applies just cause eviction and anti-rent gouging protections to tenants in mobilehome units. In doing so, this measure extends the Tenant Protection Act of 2019 to an owner or operator of a mobilehome park and an owner of a mobilehome or their agent.
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H. Budget Trailer Bills
SB 129 (Skinner) Budget Act of 2021.
Chapter 69, Statutes of 2021
This measure contains major revisions to the Budget Act of 2021 (AB 128). Notable for local governments, this measure includes the following provisions:
Housing and Homelessness
Housing
• $50 million for the Serna Jr. Farmworker Housing Grant Program at the Department of Housing and Community Development;
• $10 million for a grant program for local governments to incentivize the conversion of idle commercial properties to affordable housing; • $50 million in one-time General Fund resources to expand the Golden State Acquisition Fund (GSAF), which, combined with matching funds, GSAF makes up to five-year loans to developers for acquisition or preservation of affordable housing; and
• $100 million to the California Housing Finance Agency (CalHFA), to expand CalHFA’s homebuyer assistance program and begins the process of developing the California Dream for All First Time Homebuyer Program to be used for homebuyer assistance.
Homelessness
• $250 million in General Fund for Homekey within the Multifamily Housing Program, bringing the total investment to $1.45 billion; • $4 million for a homeless data system at the Business, Consumer Services, and Housing Agency;
• $285 million General Fund for the Department of Social Services for the CalWORKs homeless program;
• $50 million to address encampments for persons experiencing homelessness; • $300 million General Fund one-time for the Home Safe Program over two years to help combat senior homelessness; and
• $380 million one-time for the CalWORKs Housing Support Program over two years to house families in the program, and help them avoid eviction.
AB 140
(Cmte. on Budget) Housing.
Chapter 111, Statutes of 2021
This measure includes the following provisions and funding for housing and homelessness:
• $2 billion in aid to counties, large cities, and Continuums of Care through the Homeless Housing, Assistance and Prevention grant program; • $50 million for Encampment Resolution Grants, which will help local governments resolve critical encampments and transitioning individuals into permanent housing;
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• $2.7 million in onetime funding for Caltrans Encampment Coordinators to mitigate safety risks at encampments on state property and to coordinate with local partners to connect these individuals to services and housing; • $250 million for the Infill Infrastructure Grant Program and extends the lifetime of the program to Jan. 1, 2026; and
• A statutory exemption for the California Environmental Quality Act for activities funded by the second round of funding for Homekey.
AB 175
(Cmte. on Budget) Housing. Mortgages and Deeds of Trust. Use of State Property. Surplus Land Disposal. Financing Programs.
Chapter 255, Statutes of 2021
This measure makes a variety of technical, clarifying changes to recent legislation to address housing and homelessness included in the 2021 Budget Act. Specifically, this measure makes the following changes notable for local governments:
• Clarifies foreclose procedures and requirements for bidders, foreclosed-on owners, and foreclosure trustees;
• Authorizes the City of Sacramento to enter into a contract with the Cal Expo Board of Directors to provide emergency homelessness shelters; and • Provides that surplus land disposal procedures existing on Dec. 31, 2019, apply to the Metro North Hollywood Joint Development Project under specific conditions until Dec. 31, 2024.
SB 91
(Cmte. on Budget and Fiscal Review) COVID-19 Relief. Tenancy. Federal Rental Assistance.
Chapter 2, Statutes of 2021
This measure extends the statewide moratorium on evictions for nonpayment of rent due to COVID-19 financial hardship to June 30, 2021 and establishes the State’s Emergency Rental Assistance Program. The U.S. Treasury Department allocated $2.6 billion to California for the program, with $1.5 billion of federal rental relief funds to go toward implementation of a statewide rental assistance program, and $1.1 billion to go to California’s largest cities and counties according to federal law. More information is available on the Cal Cities website.
SB 151
(Cmte. on Budget and Fiscal Review) Economic Development.
Chapter 74, Statutes of 2021
This measure includes a suite of investments in economic development and economic relief related to the COVID-19 pandemic. Most notable investments for local governments in this measure include:
• Establishes the California Competes Grant Program to incentivize businesses to make significant investments in California, with specified requirements; • Updates to the Innovation Hubs Program to focus on inclusivity, startup companies, and commercialization of technology;
• Establishes the California Dream Fund to provide small grants to new businesses via the California Small Business Technical Assistance Expansion Program; • Establishes the California Venues Grant Program to provide grants to venues that host live events;
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• Establishes the California Nonprofit Performing Arts Grant Program to support performing arts workforce development; and
• Establishes the California Microbusiness COVID-19 Relief Grant Program to fund regional programs that support microbusinesses.
SB 162 (Cmte. on Budget and Fiscal Review) Community Economic Resilience Fund Program.
Chapter 259, Statutes of 2021
This measure appropriates $600 million to establish the Community Economic Resilience Fund Program, which is intended to build an equitable and sustainable economic recovery from the impacts of COVID-19 on California’s industries, workers, and communities, and to provide for the durability of that recovery by fostering long-term economic resilience in the overall transition to a carbon-neutral economy. Specifically, this measure will, among other things:
• Award planning grants on a competitive basis to establish and support at least one High Road Transition Collaborative per region in areas that have had disproportionate impacts due to COVID-19; and
• Develop one or more regional and subregional economic recovery and transition plans addressing essential elements of a high road strategy, including economic diversification, industry planning, workforce development, and the identification and integration of current or supplemental safety net programs.
I. Regional
AB 687
(Seyarto) Joint Powers Authorities. Riverside County Housing Finance Trust.
Chapter 120, Statutes of 2021
This measure authorizes the creation of the Western Riverside County Housing Finance Trust, a joint powers authority, for the purposes of funding housing specifically assisting the homeless population and persons and families of extremely low-, very low-, and low- income within the County of Riverside.
SB 330
(Durazo) Los Angeles Community College District Affordable Housing Pilot Program.
Chapter 572, Statutes of 2021
This measure requires the governing board of the Los Angeles Community College District to develop and implement a pilot program to provide affordable housing to students or employees of the Los Angeles Community College District, and to provide a report to the Legislature, no later than Jan. 1, 2032, with findings and recommendations on the success of the program. This measure also requires priority be given to low- income students experiencing homelessness for the affordable units of affordable housing for students or employees.
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SB 381 (Portantino) Surplus Residential Property. Priorities, Procedures, Price, and Fund. City of South Pasadena.
Chapter 362, Statutes of 2021 (Urgency)
This measure, with respect to surplus residential property that is located within the City of South Pasadena, requires that if the surplus residential property is not sold to a former owner or present occupant, as described above, the property be offered at fair market value to present tenants who have occupied the property for five years or more and who are in good standing with all rent obligations current and paid in full, with first right of occupancy to the present occupants.
J. Workforce Development
SB 779 (Becker) California Workforce Innovation Opportunity Act. Earn and Learn Programs.
Chapter 223, Statutes of 2021
This measure amends the list of “earn and learn” programs by specifying that an “earn and learn” program includes transitional jobs in the federal Workforce Innovation and Opportunity Act, and subsidized employment with an employer of record, which may include, but not be limited to, an employment social enterprise, as defined, or a worker cooperative, as defined, particularly for individuals with barriers to employment. Current law requires, as part of the California Workforce Innovation and Opportunity Act, opportunities for “earn and learn” job training that meet the industry’s workforce demands and that are in high-wage, high-demand jobs. Under existing law, “earn and learn” programs include, but are not limited to, transitional and subsidized employment particularly for individuals with barriers to employment. .
K. Miscellaneous
AB 306
(O'Donnell) School Districts and Community College Districts. Employee Housing.
Chapter 49, Statutes of 2021
This measure excludes any building or facility that serves or is intended to serve as residential housing for school district and community college district teachers and employees and their families from the requirements of the Field Act. The Field Act requires DGS to supervise the design and construction of any school building, including both school district and community college district buildings, or, if the estimated cost exceeds $100,000.
AB 592
(Friedman) Foster Youth. Transitional Housing.
Chapter 702, Statutes of 2021
This measure requires a transitional housing unit with a host family to include supervised transitional housing services provided by the licensed transitional housing placement provider. With respect to a transitional housing placement program serving non-minor dependents, this measure additionally authorizes certain entities, including a 279
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resource family approved by a foster family agency or a county, a licensed foster family home, a certified family home, an approved relative caregiver, or a nonrelative extended family member of a participant to operate as a host family.
*AB 602 (Grayson) Development Fees. Impact Fee Nexus Study.
Chapter 347, Statutes of 2021
This measure, among other things, requires, on and after Jan. 1, 2022, a local agency that conducts an impact fee nexus study to follow specific standards and practices, including, but not limited to, (1) that prior to the adoption of an associated development fee, an impact fee nexus study be adopted, (2) that the study identify the existing level of service for each public facility, identify the proposed new level of service, and include an explanation of why the new level of service is necessary, and (3) if the study is adopted after July 1, 2022, either calculate a fee levied or imposed on a housing development project proportionately to the square footage of the proposed units, or make specified findings explaining why square footage is not an appropriate metric to calculate the fees.
AB 948
(Holden) Bureau of Real Estate Appraisers. Disclosures. Demographic Information. Reporting. Continuing Education.
Chapter 352, Statutes of 2021
This measure makes various reforms to safeguard against discrimination during the appraisal process; requires the collection of information in order to provide data in regard to demographics and other relevant evidence to analyze the appraiser's practices. Specifically, this measure requires the Bureau of Real Estate Appraisers within the Department of Consumer Affairs to place on an existing complaint form a check box asking if the complainant believes that the opinion of the value of the real estate is below market value. This measure also requires the Bureau to collect demographic information, voluntarily provided, regarding sellers, those seeking to refinance, buyers, or an authorized representative in real estate transactions making a complaint.
AB 1466
(McCarty) Real Property. Discriminatory Restrictions.
Chapter 359, Statutes of 2021
This measure requires a title company, escrow company, real estate broker, real estate agent, or association that delivers a copy of a declaration, governing document, or deed to a person who holds an ownership interest of record in property to identify whether any of the documents contain unlawfully restrictive covenants and, if found, record a specified modification document with the county recorder.
AB 1584
(Cmte. on Housing and Community Development) Housing Omnibus.
Chapter 360, Statutes of 2021
This measure makes several technical and clarifying changes to code sections pertaining to housing and community development.
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*SB 780 (Cortese) Local Finance. Public Investment Authorities.
Chapter 391, Statutes of 2021
This measure makes significant changes to the EIFD and Community Revitalization Infrastructure Authorities (CRIA) laws. Notably, this measure:
• Allows legislative bodies of participating tax entities to appoint one of its members to be an alternate member;
• Clarifies that a directly elected mayor of a charter city may serve on the governing board of a CRIA or EIFD;
• Authorizes an EIFD map to identify project areas; and • Commences the 45-year time limit for financing improvements after $100,000 in annual tax increment accumulates amongst other changes.
SB 807 (Wieckowski) Enforcement of Civil Rights. Department of Fair Employment and Housing.
Chapter 278, Statutes of 2021
This measure tolls the deadline for the Department of Fair Employment and Housing (DFEH) to file a civil action pursuant to the California Fair Employment and Housing Act (FEHA) while a mandatory or voluntary dispute resolution is pending. The FEHA establishes DFEH within the Business, Consumer Services, and Housing Agency under the direction of the Director of DFEH. The FEHA makes certain discriminatory employment and housing practices unlawful and authorizes a person claiming to be aggrieved by an alleged unlawful practice to file a verified complaint with the DFEH. The FEHA requires the DFEH to make an investigation in connection with a filed complaint alleging facts sufficient to constitute a violation of the FEHA and requires the DFEH to endeavor to eliminate the unlawful practice by conference, conciliation, and persuasion.
If conference, conciliation, mediation, or persuasion fails and the DFEH has required all parties to participate in a mandatory dispute resolution, as specified, the FEHA authorizes the director to bring a civil action in the name of the DFEH on behalf of the person claiming to be aggrieved within a specified amount of time. 281
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VI. Public Safety
A. Cannabis
AB 1138
(Rubio) Unlawful Cannabis Activity. Civil Enforcement.
Chapter 530, Statutes of 2021
This measure imposes a civil penalty on persons aiding and abetting unlicensed commercial cannabis activity of up to three times the license fee for each violation but no more than $30,000 for each violation. Additionally, this measure prohibits filing an action for civil penalties brought against a person under the Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA) three years after the first date of discovery of the violation.
AB 1222 (Chen) Cannabis Packaging. Beverages.
Chapter 532, Statutes of 2021
This measure authorizes cannabis beverages to be packaged in glass containers that are clear or any color.
AB 1305 (Lackey) The Medicinal and Adult-Use Cannabis Regulation and Safety Act. Exemptions.
Chapter 157, Statutes of 2021
This measure exempts from MAUCRSA activity performed pursuant to the United States Drug Enforcement Administration (DEA) registration if the person engaging in the activity provides the licensing authority valid documentation of their registration with DEA and the location where the activity will be performed before engaging in the activity.
SB 311
(Hueso) Compassionate Access to Medical Cannabis Act or Ryan’s Law.
Chapter 384, Statutes of 2021
This measure, the Compassionate Access to Medical Cannabis Act (“Ryan’s Law”), requires specified types of health care facilities to allow a terminally ill patient’s use of medicinal cannabis within a health care facility. Additionally, this measure requires a patient to provide the health care facility with a copy of their medical marijuana card or written documentation that the use of medicinal cannabis is recommended by a physician.
This measure also requires a health care facility to reasonably restrict how a patient stores and uses medicinal cannabis to ensure the safety of other patients, guests, and employees and ensure compliance with other state laws.
SB 544
(Laird) Cannabis Testing.
Chapter 547, Statutes of 2021
This measure implements provisions of the Control, Regulate, and Tax Adult Use of Marijuana Act (AUMA) by requiring the Department of Cannabis Control, on or before Jan. 1, 2023, to establish one or more standardized cannabinoids test methods to be used by all testing laboratories.
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B. Courts
AB 127 (Kamlager) Arrest Warrants. Declaration of Probable Cause.
Chapter 20, Statutes of 2021
This measure requires a magistrate, before issuing an arrest warrant, to examine the declaration of probable cause made by a peace officer or an employee of a public prosecutor’s office when the subject of the arrest warrant is a peace officer.
AB 262 (Patterson) Human Trafficking. Vacatur Relief for Victims.
Chapter 193, Statutes of 2021
This measure provides additional legal rights when a victim of human trafficking petitions the court to vacate a conviction for a non-violent crime committed when the petitioner was a victim of human trafficking. This measure allows a person when petitioning to vacate a non-violent conviction because the petitioner was a victim of human trafficking and the conviction was a direct result of being a victim of human trafficking, to appear at the court hearings by counsel and removes the time limitations to bring the petition.
AB 625
(Arambula) State Public Defender. Indigent Defense. Study.
Chapter 583, Statutes of 2021
This measure requires the State Public Defender to manage a study to analyze and determine appropriate workloads for public defenders and indigent defense attorneys and submit their findings to the Legislature.
AB 670
(Calderon) Child Abuse or Neglect. Minor and Nonminor Dependent Parents.
Chapter 585, Statutes of 2021
This measure requires, when a report alleging abuse or neglect of the child of a dependent of the juvenile court is made, the agency that received the report to:
• Notify the attorney representing the dependent within 36 hours; • Prohibits the court from declining to offer reunification services in certain instances where a minor or nonminor dependent (NMD) parent is involved; and • Requires a social worker or probation officer to use a strengths-based approach to support a minor or NMD parent in providing a safe and permanent home for their child.
AB 700
(Cunningham) Criminal Procedure. Arraignment and Trial.
Chapter 196, Statutes of 2021
This measure allows a defendant in custody to appear by counsel in criminal proceedings, with or without a written waiver, if the court makes specified findings on the record by clear and convincing evidence.
AB 716
(Bennett) Court Access.
Chapter 526, Statutes of 2021
This measure requires the court to provide, at a minimum, a public audio stream or telephonic means by which to listen to the proceedings when the courthouse is 284
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physically closed, except when the law authorizes or requires the proceedings to be closed.
AB 829
(Levine) Foster Children. Immigration Counsel and Guardianship.
Chapter 528, Statutes of 2021
This measure requires a county to make its best efforts to provide an undocumented minor or NMD in foster care under the jurisdiction of the juvenile court with access to immigration legal services.
AB 898
(Lee) Criminal Records. Automatic Conviction Record Relief.
Chapter 202, Statutes of 2021
This measure provides that if probation is transferred to another county, and a prosecutor or probation department in either county is seeking to file a petition to prohibit the Department of Justice (DOJ) from granting automatic conviction record relief, the petition must be filed in the county of current jurisdiction and expands notice provisions regarding conviction record relief to include probation transfer cases.
AB 1143
(Berman) Civil Procedure. Restraining Orders.
Chapter 156, Statutes of 2021
This measure provides that if the court determines at the hearing that, after a diligent effort, the petitioner has been unable to accomplish personal service and that there is reason to believe that the respondent is evading service or cannot be located, the court may specify another method of service that is reasonably calculated to give actual notice to the respondent and may prescribe how proof of service shall be made.
AB 1228
(Lee) Supervised Persons. Release.
Chapter 533, Statutes of 2021
This measure specifies that persons released from custody prior to a probation violation hearing shall be released on their own recognizance unless the court finds, by clear and convincing evidence, that the particular circumstances of the case require the imposition of conditions of release in order to provide reasonable protection of the public and reasonable assurance of the person's future appearance in court.
AB 1243 (Rubio) Protective Orders. Elder and Dependent Adults.
Chapter 273, Statutes of 2021
This measure allows an interested party to seek a protective order for isolation of an elder or dependent adult under the Elder Abuse and Dependent Adult Civil Protection Act and for the court to make a finding that specific debt was incurred as the result of financial abuse of the elder or dependent adult, effective Jan. 1, 2023.
AB 1259
(Chiu) Criminal Procedure. Motion to Vacate.
Chapter 420, Statutes of 2021
This measure provides that a person who is no longer in criminal custody may file a motion to vacate a conviction or sentence if the conviction or sentence is legally invalid due to prejudicial error damaging the moving party’s ability to meaningfully understand, 285
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defend against, or knowingly accept the actual or potential adverse immigration consequences of a conviction or sentence.
AB 1281 (Rubio) Criminal Procedure. Protective Orders.
Chapter 209, Statutes of 2021
This measure specifies that expungement of a criminal conviction does not release the defendant from specified, unexpired criminal protective orders issued by the court in the underlying case.
AB 1347
(Jones-Sawyer) Bail. Premiums.
Chapter 444, Statutes of 2021
This measure, on and after Jan. 1, 2022, prohibits an insurer, bail agent, or other bail licensee from entering into a contract, agreement, or undertaking of bail that requires the payment of more than one premium for the duration of the agreement, and requires the duration of the agreement to be until bail is exonerated. This measure also makes these prohibitions apply to an insurer or insurance licensee with regard to immigration bonds on and after July 1, 2022.
AB 1452 (Ting) Pilot Program. Increased Fee for Low-Income Jurors. Criminal Trials.
Chapter 717, Statutes of 2021
This measure authorizes the Superior Court of San Francisco, in conjunction with the City and County of San Francisco and their justice partners, to conduct a pilot program to analyze and determine whether paying certain low-income trial jurors $100 per day for each day they are required to report for service as a trial juror in a criminal case promotes a more economically and racially diverse trial jury panel that more accurately reflects the demographics of the community.
AB 1540 (Ting) Criminal Procedure. Resentencing.
Chapter 719, Statutes of 2021
This measure requires the court to state its reasons for a resentencing decision on the record and require the court to provide notice to the defendant, set a status conference within 30 days of the receipt of the request, and appoint counsel for the defendant. This measure also authorizes the court to grant a resentencing without a hearing if the parties are in agreement.
SB 24
(Caballero) Domestic Violence. Protective Orders. Information Pertaining to a Child.
Chapter 129, Statutes of 2021
This measure authorizes a court to include in an ex parte order a provision restraining a party from accessing records and information pertaining to the health care, education, daycare, recreational activities, or employment of a minor child of the parties, commencing Jan. 1, 2023. This measure requires an essential care provider to develop protocols relating to compliance with that order on or before February 1, 2023 and requires a discretionary services organization to develop those protocols within 30 days of receipt of the first order.
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SB 317 (Stern) Competence to Stand Trial.
Chapter 599, Statutes of 2021
This measure authorizes good conduct credits for a person found incompetent to stand trial, who is receiving treatment in a treatment facility, and makes modifications to existing procedures related to a finding of mental incompetence for misdemeanor defendants to provide for community-based treatment rather than confinement in a treatment facility.
SB 248
(Bates) Sexually Violent Predators. Open Court Proceedings.
Chapter 383, Statutes of 2021
This measure requires the Department of Corrections and Rehabilitation (CDCR) to refer a person directly to the Department of State Hospitals (DSH) for an evaluation as to whether the person still meets the criteria as a sexually violent predator (SVP) if the person is in CDCR for an offense committed while the person was previously serving an indeterminate term in DSH as an SVP.
SB 354
(Skinner) Public Social Services.
Chapter 687, Statutes of 2021
This measure authorizes the court to order placement of a child with a relative, regardless of the status of any criminal exemption or resource family approval, if the court finds that the placement does not pose a risk to the health and safety of the child.
SB 446
(Glazer) Factual Innocence.
Chapter 490, Statutes of 2021
This measure changes existing procedures related to wrongful conviction compensation claims and shifts the burden on the state to prove that the claimant is not entitled to compensation in specified cases.
SB 483 (Allen) Sentencing. Resentencing to Remove Sentencing Enhancements.
Chapter 728, Statutes of 2021
This measure applies retroactively to the repeal of sentence enhancements for prior prison or county jail felony terms and prior convictions of specified crimes related to controlled substances.
C. Crime & Punishment
AB 124 (Kamlager) Criminal Procedure.
Chapter 695, Statutes of 2021
This measure requires courts to consider whether specified trauma to a defendant and other factors contributed to the commission of an offense when making sentencing and resentencing determinations and expands the affirmative defense of coercion for human trafficking victims and extends it and vacatur relief to victims of intimate partner violence and sexual violence.
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AB 287 (Quirk) Civil Actions. Statute of Limitations.
Chapter 264, Statutes of 2021
This measure creates a three-year statute of limitations on civil actions for violations arising from a person engaging in unlicensed cannabis activities, extending the current one-year statute of limitations.
AB 331
(Jones-Sawyer) Organized Theft.
Chapter 113, Statutes of 2021 (Urgency)
This measure re-establishes the crime of organized retail theft until Jan. 1, 2026. This measure also empowers the existence of a task force established by the California Highway Patrol to analyze organized retail theft and vehicle burglary and assist local law enforcement in counties identified as having elevated property crime.
AB 333
(Kamlager) Participation in a Criminal Street Gang. Enhanced Sentence.
Chapter 699, Statutes of 2021
This measure redefines the terms "pattern of criminal gang activity" and "criminal street gang" for the purposes of the gang offense, enhancement, and alternate penalty and requires bifurcation of gang-related prosecutions from prosecutions that are not gang- related.
AB 430
(Grayson) Debt Collection. Identity Theft.
Chapter 265, Statutes of 2021
This measure allows the use of a Federal Trade Commission identity theft report, in lieu of a police report when a victim of identity theft seeks civil protections pursuant to the Rosenthal Fair Debt Collection Practices Act, the Identity Theft Law, and the Penal Code.
AB 453
(Garcia, Cristina) Sexual Battery. Nonconsensual Condom Removal.
Chapter 613, Statutes of 2021
This measure expands what actions constitute a sexual battery, under the Civil Code, to include an act that causes contact between a penis, from which a condom has been removed, and the intimate part of another who did not verbally consent to the condom being removed.
AB 518
(Wicks) Criminal Law. Violations Punishable in Multiple Ways.
Chapter 441, Statutes of 2021
This measure allows a criminal act that is punishable in different ways by different provisions of law to be punished under any of those provisions, rather than requiring the provision that provides for the longest potential term of imprisonment.
AB 556 (Maienschein) Misuse of Sperm, Ova, of Embryos. Damages.
Chapter 170, Statutes of 2021
This measure establishes a private cause of action for damages against a person who misuses sperm, ova, or embryos and provides for damages for a prevailing plaintiff, including actual or statutory damages.
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AB 600 (Arambula) Hate Crimes. Immigration Status.
Chapter 295, Statutes of 2021
This measure clarifies that "immigration status" is included in the scope of a "hate crime" based on "nationality," and provides that this is declaratory of existing law.
AB 636
(Maienschein) Financial Abuse of Elder of Dependent Adults.
Chapter 621, Statutes of 2021
This measure authorizes information relevant to an incident of elder or dependent adult abuse to be given to a federal law enforcement agency for the sole purpose of investigating a financial crime committed against the elder or dependent adult. This measure also authorizes the information to be given to a local code enforcement agency for the sole purpose of investigating an unlicensed care facility where the health and safety of an elder or dependent adult resident are at risk.
AB 750 (Jones-Sawyer) Crimes. Perjury.
Chapter 267, Statutes of 2021
This measure clarifies the crime of a peace officer making a false report against another person, when the officer knows the statement is false and is presenting the statement to be true.
AB 764 (Cervantes) Contempt of Court. Victim Intimidation.
Chapter 704, Statutes of 2021
This measure increases the maximum punishment for the misdemeanor offense of contempt of court that applies when a person who has previously been convicted of stalking, willfully contacts a victim by social media, electronic communication, or electronic communication device, from six months in jail to one year in jail.
AB 913 (Smith) Collateral Recovery.
Chapter 416, Statutes of 2021
This measure clarifies and updates definitions used in the Collateral Recovery Act to conform to current practices and align with other provisions of law.
AB 1171
(Garcia, Cristina) Rape of a Spouse.
Chapter 626, Statutes of 2021
This measure repeals the existing stand-alone provision of law relating to spousal rape and expands the definition of rape to include the rape of a spouse, making a state prison sentence mandatory in most circumstances, and requiring the convicted spouse to register as a sex offender.
AB 1247
(Chau) Criminal Procedure. Limitations of Actions.
Chapter 206, Statutes of 2021
This measure allows the statute of limitations for the prosecution of a felony offense for unlawful access of computer services to be tolled three years within the discovery of the commission of the offense, but no more than six years from the commission of the offense.
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AB 1318 (Stone) Deferred Entry of Judgment Pilot Program.
Chapter 210, Statutes of 2021
This measure extends the operative date of the exiting Transition Age Youth pilot program to Jan. 1, 2024, and establishes a Dec. 31, 2022, deadline by which a report on the program must be delivered to the Senate and Assembly Public Safety Committees.
SB 71
(McGuire) Infractions. Community Service. Education Programs.
Chapter 598, Statutes of 2021
This measure allows a court to permit a person to participate in an educational program as part of their community service to pay off the fine imposed for an infraction.
SB 73 (Wiener) Probation. Eligibility. Crimes Relating to Controlled Substances.
Chapter 537, Statutes of 2021
This measure permits a court to grant probation for specified drug offenses, which are currently either ineligible or presumptively ineligible for probation.
SB 81 (Skinner) Sentencing. Dismissal of Enhancements.
Chapter 721, Statutes of 2021
This measure authorizes a court, either on its own motion or upon the application of the prosecuting attorney, to dismiss an action in the furtherance of justice.
SB 427
(Eggman) Water Theft. Enhanced Penalties.
Chapter 137, Statutes of 2021
This measure allows water agencies and districts to adopt an ordinance with enhanced penalties for water theft.
SB 567 (Bradford) Criminal Procedure. Sentencing.
Chapter 731, Statutes of 2021
This measure requires that the facts underlying any aggravating circumstances relied upon by the court to impose a sentence exceeding the middle term either for a criminal offense or for an enhancement be submitted to the trier of facts and found to be true or be admitted by the defendant.
SB 775
(Becker) Felony Murder. Resentencing.
Chapter 551, Statutes of 2021
This measure clarifies that persons who were convicted of attempted murder or manslaughter under a theory of felony murder are permitted the same relief as those persons convicted of murder under the same theories. This measure permits for the appointment of counsel in petitions for resentencing under these provisions and authorizes a person convicted of
murder, attempted murder, or manslaughter whose
conviction is not final to challenge the validity of that conviction upon direct appeal.
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D. Emergency Management
AB 934 (Cooley) Public Buildings. Shelter in Place. Guidelines.
Chapter 174, Statutes of 2021
This measure, no later than March 1, 2022, requires the Department of General Services to prepare and submit to the Joint Rules Committee a report summarizing current building safety guidelines of the Federal Emergency Management Agency or similar building safety guidelines relating to the integration of shelter-in-place facilities in public buildings.
SB 816
(Cmte. on Governmental Organization) Master Mutual Aid Agreement.
Tribes.
Chapter 292, Statutes of 2021
This measure amends the California Emergency Services Act to confirm the state's authority to contract with California tribes for the purposes of providing mutual aid.
E. Firearms
AB 1057 (Petrie-Norris) Firearms.
Chapter 682, Statutes of 2021
This measure, on and after July 1, 2022, defines a firearm, for the purpose of Gun Violence Restraining Order (GVRO) and domestic violence restraining order provisions, to include a frame or receiver of the weapon or a firearm precursor part.
AB 1191
(McCarty) Firearms. Tracing.
Chapter 683, Statutes of 2021
This measure requires the DOJ to analyze information reported by law enforcement agencies regarding the history of a recovered firearm that is illegally possessed, has been used in a crime, or is suspected of having been used in a crime. Additionally, this measure requires DOJ to submit a report to the Legislature summarizing the analysis.
SB 264
(Min) Firearms. The OC Fair and Event Center.
Chapter 684, Statutes of 2021
This measure prohibits an officer, employee, operator, lessee, or licensee of the 32nd District Agricultural Association from contracting, authorizing, or allowing the sale of any firearm, firearm precursor part, or ammunition on the property or in the buildings that comprise the OC Fair and Event Center. Additionally, this measure exempts from its provisions a gun buyback event held by a law enforcement agency, the sale of a firearm by a public administrator, public guardian, or public conservator within the course of their duties, a sale that occurs pursuant to a contract that was entered into before Jan. 1, 2022, and the purchase of ammunition on state property by a law enforcement agency in the course of its regular duties.
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SB 320 (Eggman) Domestic Violence Protective Orders. Possession of a Firearm.
Chapter 685, Statutes of 2021
This measure codifies existing Rules of Court related to the relinquishment of a firearm by a person subject to a civil domestic violence restraining order and requires the courts to notify law enforcement and the county prosecutor’s office when there has been a violation of a firearm relinquishment order.
SB 538
(Rubio) Domestic Violence and Gun Violence Restraining Orders.
Chapter 686, Statutes of 2021
This measure requires, by July 1, 2023, a court or court facility that receives petitions for domestic violence restraining orders or GVROs to permit those petitions to be filed electronically. Additionally, this measure authorizes parties and witnesses to appear remotely at a hearing on a petition for a GVRO or domestic violence restraining order.
This measure also requires the superior court of each county to develop and to post on its website local rules and instructions for electronic filing and remote appearances.
F. Fire/Emergency Medical Services
*AB 389 (Grayson) Ambulance Services.
Chapter 460, Statutes of 2021
This measure specifies that a county is authorized to contract for emergency ambulance services with a fire agency that will provide those services, in whole or in part, through a written subcontract with a private ambulance service.
AB 450 (Gonzalez) Paramedic Disciplinary Review Board.
Chapter 463, Statutes of 2021
This measure creates the Paramedic Disciplinary Review Board to act on appeals regarding the Emergency Medical Services Authority’s denial of licensure and decision to impose licensure action on and after Jan. 1, 2023.
AB 798 (Ramos) Vehicles. Fire Department. Federally Recognized Tribes.
Chapter 282, Statutes of 2021
This measure exempts ambulances owned or operated by a fire department of a federally recognized tribe or operators of those ambulances from the requirement to have a license and prohibits the California Highway Patrol from inspecting those ambulances.
AB 1104
(Grayson) Air Ambulance Services.
Chapter 476, Statutes of 2021 (Urgency)
This measure extends the July 1, 2021, sunset date by an additional 18 months of the Emergency Medical Air Transportation Act and its $4 penalty assessment collected from every conviction for a violation of the Vehicle Code or local ordinance adopted pursuant to the Vehicle Code, other than a parking offense, to be used for purposes of the Emergency Medical Air Transportation and Children's Coverage Fund.
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SB 206 (McGuire) Firefighters Procedural Bill of Rights Act. Department of Forestry and Fire Protection. Temporary Appointments.
This measure applies the Firefighters Procedural Bill of Rights to seasonal temporary appointment firefighters.
SB 332
(Dodd) Civil Liability. Prescribed Burning Operations. Gross Negligence.
Chapter 600, Statutes of 2021
This measure provides that a burn boss and a private landowner upon whose property a burn boss carries out a prescribed burn are immune from liability for damages or injuries to persons or property as the result of a prescribed burn, unless the burn was conducted in a grossly negligent manner.
G. Juvenile Justice
AB 624
(Bauer-Kahan) Juveniles. Transfer to Court of Criminal Jurisdiction.
Appeals.
Chapter 195, Statutes of 2021
This measure requires an order transferring a minor from the juvenile court to a court of criminal jurisdiction to be subject to immediate appellate review if a notice of appeal is filed within 30 days of the order transferring the minor.
Additionally, this measure
requires the superior court to issue a stay of the criminal court proceedings until a final determination of the appeal if requested by the minor.
AB 640 (Cooley) Extended Foster Care. Eligibility Redetermination.
Chapter 622, Statutes of 2021
This measure authorizes a county child welfare, probation, or tribal placing agency, to petition the juvenile court on behalf of certain NMD’s to terminate dependency or transition jurisdiction over the youth to establish the NMD's eligibility for federal financial participation under the Families with Dependent Children-Foster Care program.
Additionally, this measure requires a county child welfare, probation, or tribal placing agency to ensure an NMD does not experience a break in services or supports before, during, or after the filing or granting of the petition.
SB 383
(Cortese) Juveniles. Informal Supervision. Deferred Entry of Judgment.
Chapter 603, Statutes of 2021
This measure increases access to diversion programs for youth that commit non-violent felonies with the intention to shift the focus of the juvenile justice system from incarceration to rehabilitation.
This measure also removes procedural barriers restricting diversion services for youth who commit a crime in a county that is not their county of residence.
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H. Law Enforcement
AB 26 (Holden) Peace Officers. Use of Force.
Chapter 403, Statutes of 2021
This measure requires law enforcement policies to include a requirement for officers to immediately report potential excessive force.
*AB 48 (Gonzalez) Law Enforcement. Use of Force.
Chapter 404, Statutes of 2021
This measure prohibits the use of kinetic energy projectiles or chemical agents by any law enforcement agency to disperse any assembly, protest, or demonstration, except to defend against a threat to life or serious bodily injury to any individual, including a peace officer, or to bring an objectively dangerous and unlawful situation safely and effectively under control. This measure further prohibits their use solely due to a violation of an imposed curfew, verbal threat, or non-compliance with a law enforcement directive.
AB 57 (Gabriel) Law Enforcement. Hate Crimes.
Chapter 691, Statutes of 2021
This measure requires a basic peace officer course curriculum to include instruction on the topic of hate crimes and incorporates a specified hate crimes video developed by the Commission on Peace Officer Standards and Training (POST).
*AB 89 (Jones-Sawyer) Peace Officers. Minimum Qualifications.
Chapter 405, Statutes of 2021
This measure increases the minimum qualifying age for law enforcement officers from 18 to 21 and requires the office of the Chancellor of the California Community Colleges to develop a modern policing degree program, with POST and other stakeholders to serve as advisors, as specified, and to submit a report on recommendations to the Legislature outlining a plan to implement the program on or before June 1, 2023.
AB 481
(Chiu) Law Enforcement and State Agencies. Military Equipment. Funding, Acquisition, and Use.
Chapter 406, Statutes of 2021
This measure requires a law enforcement agency to obtain approval of the applicable governing body, by the adoption of a military equipment use policy by ordinance at a regular meeting held pursuant to specified open meeting laws, prior to taking certain actions relating to the funding, acquisition, or use of military equipment.
AB 483
(Jones-Sawyer) Peace Officers. California Science Center and Exposition Park.
Chapter 411, Statutes of 2021
This measure grants peace officer status to security officers appointed by the Exposition Park Manager and clarifies the training requirements for those peace officers.
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AB 490 (Gipson) Law Enforcement Agency Policies. Arrests. Positional Asphyxia.
Chapter 407, Statutes of 2021
This measure prohibits a law enforcement agency from authorizing techniques or transport methods that involve a substantial risk of positional asphyxia.
AB 958
(Gipson) Peace Officers. Law Enforcement Gangs.
Chapter 408, Statutes of 2021
This measure defines a law enforcement gang as a group of law enforcement officers within an agency that engages in a pattern of specified unlawful or unethical on-duty behavior and requires law enforcement agencies to have a policy prohibiting these gangs and making participation in such grounds for termination.
AB 1455 (Wicks) Sexual Assault by Law Enforcement Officers. Actions Against Public Entities. Statute of Limitations.
Chapter 595, Statutes of 2021
This measure amends the statute of limitations for seeking damages arising out of a sexual assault committed by a law enforcement officer, eliminates the claim presentation requirements for such claims, and revives such claims that would otherwise be barred by the existing statute of limitations.
AB 1475 (Low) Law Enforcement. Social Media.
Chapter 126, Statutes of 2021
This measure prohibits a police department or sheriff’s office from sharing, on social media, booking photos of an individual arrested on suspicion of committing a non- violent crime.
AB 1480
(Rodriguez) Employers. Prohibited Disclosure of Information. Arrest of Detention.
Chapter 158, Statutes of 2021
This measure allows a criminal justice agency to inquire, seek, and utilize information about certain non-sworn employees concerning an arrest or detention that did not result in a conviction, information concerning a referral or participation in a diversion program, and information that has been judicially dismissed or ordered sealed, and similarly authorizes the disclosure of such records.
*SB 2 (Bradford) Peace Officers. Certification. Civil Rights.
Chapter 409, Statutes of 2021
This measure grants new powers to POST to investigate and determine peace officer fitness and to decertify officers who engage in “serious misconduct,” allows for the filing of wrongful death suits under the Tom Bane Civil Rights Act and eliminates certain immunity provisions for peace officers and custodial officers, or public entities employing peace officers or custodial officers sued under the act.
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*SB 16 (Skinner) Peace Officers. Release of Records.
Chapter 402, Statutes of 2021
This measure expands the categories of police personnel records that are subject to disclosure under the California Public Records Act to include a sustained finding involving force that is unreasonable or excessive, and any sustained finding that an officer failed to intervene against another officer using unreasonable or excessive force.
*SB 586 (Bradford) Peace Officers. Certification.
Chapter 429, Statutes of 2021
This measure corrects a technical drafting error by Legislative Counsel to SB 2 (Bradford) Chapter 409, Statutes of 2021, stating that whether a particular factual or legal determination in a prior appeal proceeding has preclusive effect in POST proceedings would be governed by the existing law of collateral estoppel.
SB 715
(Portantino) Criminal Law.
Chapter 250, Statutes of 2021
This measure authorizes the Attorney General to investigate and gather facts in an incident involving a shooting by a peace officer that results in the death of a civilian if there is a reasonable dispute as to whether the civilian was armed.
I. Mental Health
AB 1443
(McCarty) Mental Health. Involuntary Treatment.
Chapter 399, Statutes of 2021
This measure requires a county behavioral health director who denies or revokes an individual’s designation for involuntary treatment to provide written notification to the person who made the request for designation of the individual, and the individual who is the subject of the request for designation, describing the reasons for denial or revocation.
SB 578
(Jones) Lanterman-Petris-Short Act. Hearings.
Chapter 389, Statutes of 2021
This measure requires a hearing held under the Lanterman-Petris-Short Act to be presumptively closed to the public if that hearing involves the disclosure of confidential information.
J. Miscellaneous
*AB 358 (Flora) Electrified Security Fences. Permitted Use.
Chapter 148, Statutes of 2021
This measure authorizes property owners to install and operate electrified security fences on their property, whether combined with an alarm system or not, provided the fences meet specified conditions and are not prohibited by a local ordinance.
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AB 381 (Davies) Licensed Facilities. Duties.
Chapter 437, Statutes of 2021
This measure requires alcohol and other drug residential treatment facilities licensed by the Department of Health Care Services to maintain at least two unexpired doses of naloxone hydrochloride on the premises and have at least one staff member who knows the specific location of the naloxone hydrochloride and is trained to administer it.
SB 98
(McGuire) Public Peace. Media Access.
Chapter 759, Statutes of 2021
This measure clarifies that reporters may access areas shut off by police for a command post, police line, or rolling closure at a demonstration, march, protest, or rally where individuals are engaged primarily in constitutionally protected activity.
SB 296
(Limón) Code Enforcement Officers. Safety Standards.
Chapter 637, Statutes of 2021
This measure requires each local jurisdiction that employs code enforcement officers to develop safety standards appropriate for the code enforcement officers employed in their jurisdiction.
K. Pandemic Relief
*AB 61 (Gabriel) Business Pandemic Relief.
Chapter 651, Statutes of 2021(Urgency)
This measure extends COVID-19 regulatory relief for temporary catering authorized by the Department of Alcohol Beverage Control (ABC). This relief includes the COVID-19 temporary catering authorization, which allows for expanded alcoholic beverage sales and outdoor dining in nontraditional spaces due to indoor dining restrictions.
Specifically, this measure allows for the continuation of this authorization for one year after the end of the state of emergency declared in response to COVID-19 or until Jan. 1, 2024, whichever comes first.
*SB 314 (Wiener) Alcoholic Beverages.
Chapter 656, Statutes of 2021(Urgency)
This measure extends COVID-19 regulatory relief for temporary catering permits authorized by the ABC. This relief includes the COVID-19 temporary catering permit, which authorizes expanded alcoholic beverage sales and outdoor dining in nontraditional spaces due to indoor dining restrictions. Specifically, this measure allows for the continuation of these temporary permits for one year after the end of the state of emergency or until Jan. 1, 2024, and authorizes licensed manufacturers to share a common licensed area with multiple licensed retailers, alleviating burdensome administrative costs.
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*SB 389 (Dodd) Alcoholic Beverages. Retail On-Sale License. Off-Sale Privileges.
Chapter 657, Statutes of 2021
This measure, until Dec. 31, 2026, authorizes the holder of an on-sale license for a bona fide public eating place that has off-sale privileges, or a licensed beer manufacturer, licensed wine manufacturer, or licensed craft distiller that operates a bona fide public eating place at its premises of production, to exercise additional off-sale rights and privileges. Additionally, this measure authorizes a licensee to sell the alcoholic beverages, except beer, for off-sale consumption for which their license permits on-sale consumption when the beverages are not in manufacturer-prepackaged containers.
L. Rehabilitation
AB 292 (Stone) Corrections. Rehabilitative Programming.
Chapter 579, Statutes of 2021
This measure requires CDCR to conduct rehabilitative programming in a manner that minimizes program wait times and offers a variety of program opportunities to inmates regardless of security level or sentence length. Additionally, this measure requires CDCR to prioritize individuals who have been transferred between facilities to resume rehabilitative programming if the transfer was for non-adverse reasons.
AB 644
(Waldron) California Mat Re-Entry Incentive Program.
Chapter 59, Statutes of 2021
This measure modifies the California Medication-Assisted Treatment Re-Entry Incentive Program. Instead of requiring individuals in the program to participate in an institutional substance abuse program, this measure requires the person to have been enrolled in, or successfully participated in, a post-release substance abuse program to receive a reduction to their period of parole.
SB 416
(Hueso) Corrections. Educational Programs.
Chapter 766, Statutes of 2021
This measure modifies the requirements for the Secretary of CDCR regarding literacy, education, and college programs in state prisons. Specifically, this measure requires CDCR to:
• Make college programs available for the benefit of inmates with a general education development certificate or equivalent or a high school diploma and requires those college programs to only be provided by the California Community Colleges, the California State University, the University of California, or other regionally accredited, nonprofit colleges or universities; • Prioritize various college programs, including face-to-face instruction, comprehensive in-person support, and coordination with nonprofit postsecondary programs serving formerly incarcerated students;
• Require education providers to be responsible for determining and developing their curricula and degree pathways, determining certificate pathways, providing 298
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instructional staff, and determining what services will be offered to ensure incarcerated students can successfully complete the course of study; and • Recognize inmates enrolled in a full-time college program as participating in full- time work or training assignments.
M. State Services
AB 673
(Salas) Domestic Violence.
Chapter 680, Statutes of 2021
This measure requires that the portion of any grant funding awarded by the Comprehensive Statewide Domestic Violence Program in the California Office of Emergency Services (Cal OES) funded by the state be distributed to the recipient in a single disbursement at the beginning of the grant period.
AB 689 (Petrie-Norris) Comprehensive Statewide Domestic Violence Program.
Chapter 152, Statutes of 2021
This measure requires the Comprehensive Statewide Domestic Violence Program in Cal OES to provide financial and technical assistance to local domestic violence centers in implementing 24-hour crisis communication systems that, in addition to telephone services, may also include other communication methods such as text messaging, computer chat, or any other approved technology.
AB 1126 (Bloom) Commission on the State of Hate.
Chapter 712, Statutes of 2021
This measure establishes the Commission on the State of Hate to include nine members, appointed by the Governor, the Speaker of the Assembly, and the Senate Committee on Rules. The goals of the Commission on the State of Hate include:
• Providing resources to various state agencies and the public to inform them on the state of hate; and
• Advising the Legislature, the Governor, and state agencies on policy recommendations to promote intersocial education designed to foster mutual respect and understanding among California’s diverse population.
AB 1593
(Gonzalez) State Claims. California Victim Compensation Board.
Government Claims Program.
Chapter 127, Statutes of 2021 (Urgency)
This measure appropriates $5,675,880 from the General Fund to the Executive Officer of the California Victim Compensation Board for payment of the claims of specified individuals.
SB 215
(Leyva) DNA Evidence.
Chapter 634, Statutes of 2021
This measure requires the DOJ to establish, on or before July 1, 2022, a process that allows a survivor of sexual assault to track and receive updates privately, securely, and 299
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electronically on the status, location, and information regarding their sexual assault evidence kit in the DOJ’s database.
SB 631
(Portantino) State Claims. California Victim Compensation Board.
Chapter 185, Statutes of 2021 (Urgency)
This measure appropriates $1,165,920 from the General Fund to the Executive Officer of the California Victim Compensation Board for payment of the claim for a specified individual.
300
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REVENUE AND TAXATION
301
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VII. Revenue and Taxation
A. Sales and Use Tax
*AB 150
(Cmte. on Budget) Sales and Use Tax Law. Personal Income Tax Law.
Corporation Tax Law. Budget Act of 2021.
Chapter 82, Statutes of 2021 (Urgency)
This measure makes several statutory changes to the Revenue and Taxation code, necessary to implement the 2021 Budget Act. This measure makes the following changes notable for local governments:
• Extends the sunset date for the State Historic Tax Credit to Jan. 1, 2027; • Permanently exempts sales and sales use tax for diapers and menstrual products;
• Expands a tax credit for small businesses that hire new employees; • Establishes a tax credit for employers who hire homeless individuals between Jan. 1, 2022 and Jan. 1, 2027;
• Extends the sunset date for tax credits for individuals that donate fresh fruits and vegetables to a food bank; and
• Increases the amount of credits allocated in the California Competes Tax Credit program.
AB 296
(Gipson) Sales and Use Taxes. Exclusion. Pawnbrokers. Transfer of Vested Property.
Chapter 164, Statutes of 2021 (Urgency)
This measure extends the sunset on the sales and use tax exemption for customers who repurchase their property from a pawnbroker until Jan. 1, 2027.
B. Property Tax
AB 1203
(Burke) Property Taxation. Assessment Appeals Board. Qualifications.
County of Los Angeles.
Chapter 418, Statutes of 2021
This measure expands the type of professional experience a person may have to be eligible for nomination for membership on an assessment appeals board in the County of Los Angeles to include professional experience in a real estate field, including, but not limited to, business accounting and taxation, land use and urban planning, real estate development or investment analysis, and real estate banking or financing. This measure also permits the Los Angeles County Board of Supervisors by ordinance to reduce the period for a person to have been employed in an assessor’s office from three years to one year that disqualifies a person from serving on an assessment appeals board.
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AB 1583 (Cmte. on Revenue and Taxation) Property Taxation. Equalized Assessment Roll. Aircrafts.
Chapter 67, Statutes of 2021
This measure specifies that for purposes of calculating the annual tax increment, including for purposes of apportioning property tax revenues, commencing with the 2022-23 fiscal year, the equalized assessment roll shall exclude non-certificated aircraft assessed values.
SB 219
(McGuire) Property Taxation. Delinquent Penalties and Costs.
Cancellation. Public Health Orders.
Chapter 131, Statutes of 2021 (Urgency)
This measure allows county tax collectors to cancel property tax delinquency penalties when failure to make payment(s) is due to a hardship caused by a shelter-in-place order.
SB 267 (Hertzberg) Property Taxation. Active Solar Energy Systems. Partnership Flip Transactions.
Chapter 424, Statutes of 2021 (Urgency)
This measure extends the property tax reassessment exemption for active solar energy systems financed via a partnership flip arrangement. Specifically, this measure clarifies that neither an initial transfer of a capital and profits interest in the legal entity, nor any subsequent change in the allocation of the capital and profits of the legal entity among its members, constitutes a transfer of control of a legal entity that owns an active solar energy system in a partnership flip transaction.
SB 303 (Borgeas) Property Taxation. Transfer of Base Year Value. Disaster Relief.
Chapter 540, Statutes of 2021 (Urgency).
This measure extends by two years the five-year time period for a taxpayer affected by a disaster to transfer their base year value to a replacement property if the property was substantially damaged or destroyed on or after March 4, 2020, but on or before the COVID-19 emergency termination date or March 4, 2022, whichever occurs sooner.
This measure makes these provisions applicable to the determination of base year values for the 2015-16 fiscal year and fiscal years thereafter.
SB 539
(Hertzberg) Property Taxation. Taxable Value Transfers.
Chapter 427, Statutes of 2021 (Urgency)
This measure enacts new sections of property tax law to implement Proposition 19 of 2020. This measure specifically provides statutory detail for taxpayers to claim base year transfers allowed under Proposition 19 and implements new limitations on parent- child and grandparent-child change in ownership exclusions.
SB 667 (Roth) Property Taxation. Disabled Veterans’ Exemption. Filing of Claims.
Chapter 430, Statutes of 2021
This measure authorizes the executor, administrator, or personal legal representative of a claimant’s estate or the trustee of the deceased claimant’s trust assets to file a claim for a disabled veterans’ property tax exemption with a county assessor.
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C. Investments and Development Finance
AB 336 (Villapudua) Enhanced Infrastructure Financing Districts. Public Financing Authority. Members. Joint Powers Authorities.
Chapter 22, Statutes of 2021
This measure allows any member of a taxing entity’s legislative body serving on an Enhanced Infrastructure Financing District (EIFD) board to concurrently serve as a board member of a joint powers authority where the taxing entity is a member.
AB 447
(Grayson) California Debt Limit Allocation Committee. Income Taxes.
Low-Income Housing Tax Credits.
Chapter 344, Statutes of 2021
This measure makes several significant changes to the state low-income housing tax credit program administered by the California Tax Credit Allocation Committee including updates to the list of federal programs that allow a property to be considered “at risk of conversion” and clarifications that improve tenant access to low-income housing.
AB 869
(Bloom) State Funds. Investments.
Chapter 60, Statutes of 2021
This measure authorizes the State Treasurer to invest up to 1% of Pooled Money Investment Account funds in sovereign debt instruments.
AB 1177
(Santiago) California Public Banking Option Act.
Chapter 451, Statutes of 2021
This measure establishes the CalAccount Blue Ribbon Commission to conduct a market analysis to determine the feasibility of the CalAccount Program for expanding consumer access to banking services.
*
SB 734 (Hueso) Redevelopment Agencies. Passthrough Agreements.
Modification.
Chapter 221, Statutes of 2021
This measure authorizes a successor agency and one or more taxing agencies to enter into an agreement to modify the interest owed by a former redevelopment agency under a passthrough agreement that was entered into before Jan. 1, 1994, or owed under any successive amendment of that passthrough agreement, and which is owed as interest on passthrough payments agreed to be deferred by the taxing entity under the passthrough agreement including that the interest rate on a passthrough agreement modified under these provisions be 0%.
*
SB 780 (Cortese) Local Finance. Public Investment Authorities.
Chapter 391, Statutes of 2021
This measure makes significant changes to the EIFD and Community Revitalization Infrastructure Authorities (CRIA) laws. Notably, this measure:
• Allows legislative bodies of participating tax entities to appoint one of its members to be an alternate member;
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• Clarifies that a directly elected mayor of a charter city may serve on the governing board of a CRIA or EIFD;
• Authorizes an EIFD map to identify project areas; and • Commences the 45-year time limit for financing improvements after $100,000 in annual tax increment accumulates amongst other changes.
SB 810 (Cmte. on Governance and Finance) Validations.
Chapter 36, Statutes of 2021 (Urgency)
This measure enacts the First Validating Act of 2021, which retroactively insulates state and local bonds against harmless typographical, grammatical, and procedural errors.
SB 811 (Cmte. on Governance and Finance) Validations.
Chapter 37, Statutes of 2021 (Urgency)
This measure enacts the Second Validating Act of 2021, which prospectively insulates state and local bonds against harmless typographical, grammatical, and procedural errors.
SB 812 (Cmte. on Governance and Finance) Validations.
Chapter 38, Statutes of 2021
This measure enacts the Third Validating Act of 2021, which prospectively insulates state and local bonds against harmless typographical, grammatical, and procedural errors.
D. Fees, Fines, and Miscellaneous
*AB 286
(Gonzalez) Food Delivery. Purchase Prices and Tips.
Chapter 513, Statutes of 2021
This measure prohibits a food delivery platform from charging a customer any purchase price for food or beverage that is higher than the price posted on the food delivery platform’s website by the food facility at the time of the order. This measure also makes it unlawful for a food delivery platform to retain any portion of amounts designated as a tip or gratuity and requires platforms to pay any tip or gratuity for a delivery order, in its entirety, to the person delivering the food or beverage, and to pay any tip or gratuity for a pickup order, in its entirety, to the food facility.
AB 1402 (Levine) Marketplace Facilitator. Fee Collection.
Chapter 421, Statutes of 2021
This measure would extend the requirements of marketplace facilitators designated as such under the Marketplace Facilitator Act to register, collect, and remit special fees collected on purchases of new tires, electronic devices, lead-acid batteries, lumber, and engineered wood.
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*SB 60 (Glazer) Residential Short-Term Rental Ordinances. Health of Safety Infractions. Maximum Fines.
Chapter 307, Statutes of 2021 (Urgency)
This measure raises the maximum fines for violation of a city or county ordinance relating to a residential short-term rental, that is an infraction and poses a threat to health or safety, to $1,500 for a first violation, $3,000 for a second violation of the same ordinance within one year, and $5,000 for each additional violation of the same ordinance within one year of the first violation.
SB 813 (Cmte. on Governance and Finance) Local Government Omnibus Act of 2021.
Chapter 224, Statutes of 2021
This measure is the annual local government omnibus act which makes minor, noncontroversial statutory changes to state laws that affect local agencies.
SB 824 (Cmte. on Governance and Finance) California Department of Tax and Fee Administration.
Chapter 432, Statutes of 2021
This measure makes several noncontroversial statutory changes to clarify tax administration for the California Department of Tax and Fee Administration. Notably, this measure clarifies that “food products” exempt from sales and use tax do not include “cannabis” or “cannabis products,” and states that this change is declaratory of existing law that states cannabis products are subject to sales and use tax under the Medicinal and Adult-Use Cannabis Regulation and Safety Act.
SB 825
(Cmte. on Governance and Finance) Tax and Fee Administration. Local Government Finance.
Chapter 433, Statutes of 2021
This measure extends the welfare exemption for property used solely for the preservation of natural resources or open space to Jan. 1, 2027, and extends the intercountry pipeline valuation methodology five years until Jan. 1, 2027. This measure also clarifies that a taxpayer must demonstrate to the tax collector that delinquency is due to the tax collector's failure to mail or electronically transmit the tax bill to the correct address provided on the tax roll or electronic address for a taxpayer to cancel a delinquency.
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COMMUNICATIONS, AND PUBLIC
WORKS
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VIII. Transportation, Communications, and Public Works
A. Electric Vehicles, Emissions, and Vehicle Technology
AB 794
(Carrillo) Air Pollution. Purchase of New Drayage and Short-Haul Trucks.
Incentive Programs. Eligibility. Labor Standards.
Chapter 748, Statutes of 2021
This measure establishes specified labor standards that a fleet purchaser is required to meet in order to be eligible to receive incentives for new drayage and short-haul trucks under the incentive programs beginning with the 2022-23 fiscal year.
*AB 970 (McCarty) Planning and Zoning. Electric Vehicle Charging Stations.
Permit Application. Approval.
Chapter 710, Statutes of 2021
This measure requires a local authority to reduce the number of required parking spaces for any existing uses by the amount necessary to accommodate electric vehicle (EV) charging stations and deem an EV charging application complete and approved in an expedited, streamlined permitting process.
AB 992
(Cooley) California Clean Truck, Bus, and Off-Road Vehicle and Equipment Technology Program.
Chapter 624, Statutes of 2021
This measure specifies that peer-to-peer truck sharing platform demonstrations are eligible for funding under the California Clean Truck, Bus, and Off-Road Vehicle and Equipment Technology Program, which is administered by the California Air Resources Board (CARB), to fund development, demonstration, precommercial pilot, and early commercial deployment of zero and near-zero-emission truck, bus, and off-road vehicle and equipment technologies.
SB 68
(Becker) Building Electrification and Electric Vehicle Charging.
Chapter 720, Statutes of 2021
This measure requires the California Energy Commission (CEC) to gather or develop and publish on its website, guidance and best practices to help building owners, the construction industry, and local governments overcome barriers to the electrification of buildings and installation of electric vehicle charging equipment.
SB 214
(Bates) Neighborhood Electric Vehicles. County of Orange. Ranch Plan Planned Community.
Chapter 101, Statutes of 2021
This measure repeals the existing Jan. 1, 2022, sunset date, thereby indefinitely extending the Orange County’s authority to establish a neighborhood electric vehicle (NEV) transportation plan for the Ranch Plan Planned Community that include specified elements, including provisions relating to parking, charging, NEV only lanes, and shared use with conventional vehicle lanes.
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SB 372 (Leyva) Medium- and Heavy-Duty Fleet Purchasing Assistance Program.
Zero-Emission Vehicles.
Chapter 639, Statutes of 2021
This measure establishes the Medium and Heavy-Duty Zero-Emission Vehicle Fleet Purchasing Assistance Program within the Air Quality Improvement Program, administered by CARB, to make financing tools and nonfinancial supports available to operators of medium and heavy-duty vehicle fleets to enable those operators to transition their fleets to zero-emission vehicles. The program funds projects related to, among other things, the reduction of criteria air pollutants and improvement of air quality, including the Clean Vehicle Rebate Project, to promote the use of zero-emission vehicles by providing rebates for the purchase of new zero-emission vehicles.
SB 500 (Min) Autonomous Vehicles. Zero Emissions.
Chapter 277, Statutes of 2021
This measure, commencing Jan. 1, 2030, and to the extent authorized by federal law, prohibits the operation of certain new autonomous vehicles that are not zero-emission vehicles. The measure also prohibits the Department of Motor Vehicles (DMV) from commencing rulemaking for the adoption of regulations implementing this provision until Jan. 1, 2027. The CARB, as a part of the Air Quality Improvement Program, promotes the use of zero-emission vehicles by providing rebates for the purchase of new zero- emission vehicles, and the Charge Ahead California Initiative, which establishes various goals, including the goal of placing in service at least 1,000,000 zero-emission and near-zero-emission vehicles by Jan. 1, 2023.
SB 570
(Wieckowski) Vehicles. Equipment.
Chapter 428, Statutes of 2021
This measure exempts autonomous vehicles that are not capable of operation with a human driver or occupant in the vehicle from certain standards and requirements for the equipment of motor vehicles and provides specified alternative standards for those vehicles, provided that those exemptions or alternative standards are consistent with applicable federal laws or regulations.
SB 589 (Hueso) Air Pollution. Alternative Vehicles and Vehicle Infrastructure.
Chapter 732, Statutes of 2021
This measure requires the State Energy Resources Conservation and Development Commission to identify workforce development and training resources needed to meet the electric vehicle charging infrastructure goals of putting at least five million zero- emission vehicles in service by 2030 and reducing greenhouse gas emissions to 40% below 1990 levels by 2030.
SB 643
(Archuleta) Fuel Cell Electric Vehicle Fueling Infrastructure and Fuel Production. Statewide Assessment.
Chapter 646, Statutes of 2021
This measure requires, until Jan. 1, 2030, the CEC, in consultation with the CARB and the California Public Utilities Commission (CPUC), to prepare a statewide assessment of the fuel cell electric vehicle fueling infrastructure and fuel production needed to 309
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support the adoption of zero-emission trucks, buses, and off-road vehicles at levels necessary for the state to meet specified goals and requirements relating to vehicular air pollution. In addition, this measure requires a statewide assessment to consider all necessary fuel production and distribution infrastructure to meet those goals and requirements and to examine existing and future fuel production and distribution infrastructure needs throughout the state, including in low-income communities.
SB 671
(Gonzalez) Transportation. Clean Freight Corridor Efficiency Assessment.
Chapter 679, Statutes of 2021
This measure establishes the Clean Freight Corridor Efficiency Assessment to be developed by the California Transportation Commission (CTC), in coordination with other state agencies. In developing the assessment, this measure requires the CTC to identify freight corridors, or segments of corridors, throughout the state to be priority candidates for the deployment of zero-emission medium and heavy-duty vehicles. The measure further requires:
• The CTC to submit a report containing the assessment’s findings and recommendations to certain committees of the Legislature by Dec. 1, 2023; • The assessment’s findings anabd recommendations be incorporated into the development of the California Transportation Plan; and
• The state freight plan includes a description of needed infrastructure, projects, and operations for the deployment of zero-emission medium and heavy-duty vehicles and the development of freight corridors identified in the assessment.
B. Public Works and Contracting
AB 1499
(Daly) Transportation. Design-Build. Highways.
Chapter 212, Statutes of 2021
This measure extends the operation of regional transportation agencies to utilize design-build procurement for projects on expressways that are not on the state highway system or adjacent to the state highway system until Jan. 1, 2034. This was previously scheduled to expire on Jan. 1, 2024, or one year from the date that the Department of Transportation posts on its website that the provisions described related to construction inspection services for these projects have been held by a court to be invalid.
SB 79 (Nielsen) County Road Commissioner. Counties of Colusa and Glenn.
Chapter 33, Statutes of 2021 (Urgency)
This measure authorizes the Boards of Supervisors of the counties of Colusa and Glenn to transfer the duties of the county road commissioner (previously appointed by the board of supervisors) to the county director of the department of public works.
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C. Telecommunications
AB 14 (Aguiar-Curry) Communications. California Advanced Services Fund Deaf and Disabled Telecommunications Program. Surcharges.
Chapter 658, Statutes of 2021 (Urgency)
This measure authorizes the CPUC to continue collecting the California Advanced Services Fund (CASF) surcharge for an additional ten years through Dec. 31, 2032.
AB 41
(Wood) Broadband Infrastructure Deployment.
Chapter 659, Statutes of 2021
This measure requires Caltrans to collaborate with companies and organizations working on broadband deployment on department-led highway construction projects that include the installation of conduits capable of supporting optic communication cables.
AB 74
(Gonzalez) Communications. Universal Service. Lifeline Program.
Chapter 410, Statutes of 2021
The measure requires the CPUC, in consultation with lifeline service providers, the Federal Communications Commission (FCC), and the Universal Service Administrative Company, before Jan. 1, 2023, to adopt updated rules for the Universal Lifeline Telephone Service program (lifeline program) with the goal of achieving recertification rates at least equivalent to those rates achieved for the federal lifeline program.
Additionally, this measure further requires:
• CPUC, before March 1, 2022, to adopt updated rules for the lifeline program establishing a modified recertification process that minimizes barriers to lifeline subscriber recertification and reduces the burden and cost of recertification on the lifeline program; and
• CPUC to annually publicly report on its website the participation and recertification rates of eligible lifeline subscribers.
AB 537
(Quirk) Communications. Wireless Telecommunications and Broadband Facilities.
Chapter 467, Statutes of 2021
This measure requires that the city, county, or city and county notify the applicant of the incompleteness of an application within the time periods established by applicable FCC rules. This measure also requires that the time period for a city or county to approve or disapprove a collocation or siting application commence when the applicant makes the first required submission or takes the first required step.
AB 665 (E. Garcia) Care Facilities. Internet Access.
Chapter 469, Statutes of 2021
This measure requires residential facilities serving adults, residential care facilities for persons with chronic life-threatening illness, and residential care facilities for the elderly with existing internet service to provide at least one internet access device that can support real-time interactive applications, is equipped with videoconferencing technology, and dedicated for client or resident use.
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AB 242 (Holden) Public Utilities.
Chapter 228, Statutes of 2021
This measure consolidates reporting requirements for entities that are required to disclose their electricity sources and associated intensity of greenhouse gas emissions.
The measure requires that the disclosure be posted to the retail supplier’s website by Oct. 1 of each year and available in written promotional materials by the end of the first complete billing cycle for the fourth quarter of the year.
AB 955 (Quirk) Highways. Encroachment Permits. Broadband Facilities.
Chapter 670, Statutes of 2021
This measure establishes additional procedures for Caltrans review of an application for an encroachment permit for a broadband facility. Under this measure, these procedures require Caltrans, among other things, to notify an applicant in writing whether the application is complete within 30 days of receiving the application, to take certain actions if it deems an application incomplete, and to approve or deny an application that requires supplemental information within 30 days after receiving that information. If Caltrans notifies the applicant that the application is incomplete within that 30-day time period, this measure deems Caltrans’ failure to notify to constitute a finding that the permit application is complete.
SB 4 (Gonzalez) Communications. California Advanced Services Fund.
Chapter 671. Statutes of 2021 (Urgency)
This measure authorizes the CPUC to increase the annual CASF surcharge collection cap from $66 million to $150 million and expands eligibility to apply for those funds to include local authorities. Also, this measure requires the Governor's Office of Business and Economic Development to coordinate with other relevant state and local agencies and national organizations to explore ways to facilitate streamlining of local land use approvals and construction permit processes for projects related to broadband infrastructure deployment and connectivity.
SB 28 (Caballero) Digital Infrastructure and Video Competition Act of 2006.
Deployment Data.
Chapter 673, Statutes of 2021
This measure requires the CPUC to collect granular data on the actual locations served by franchise holders, adopt customer service requirements for franchise holders, and adjudicate any customer complaints.
SB 156
(Cmte. on Budget and Fiscal Review) Communications. Broadband.
Chapter 112, Statutes of 2021 (Urgency)
This measure provides the statutory framework to implement the investments in public broadband infrastructure appropriated in
AB 164 (Chapter 84, Statutes of 2021), as
follows:
• $2 billion for last-mile broadband infrastructure, which will increase connectivity and affordability for underserved and unserved rural and urban communities; • $3.25 billion for a statewide, open-access, middle-mile network, to make it easier for internet providers to provide faster, cheaper service throughout the state; and 312
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• $750 million to establish a new loan loss reserve account to provide collateral to local governments issuing bonds for municipal broadband deployment.
The measure also reforms the CASF program to ensure the funds are spent quickly and efficiently and includes accountability and oversight provisions, including a nine-member council with broad representation.
*SB 341 (McGuire) Telecommunications Service. Outages.
Chapter 425, Statutes of 2021
This measure requires the Governor’s Office of Emergency Services (Cal OES), in coordination with the California Public Utilities Commission (CPUC), to adopt regulations for public outage maps maintained by telecommunications providers on their websites. Additionally, this measure requires the CPUC and Cal OES to develop and implement backup electricity rules to require telecommunications providers to maintain backup electricity sufficient to maintain service for at least 72 hours.
SB 378
(Gonzalez) Local Government. Broadband Infrastructure Development Project Permit Processing. Microtrenching Permit Processing Ordinance.
Chapter 677, Statutes of 2021
This measure requires a local agency to allow microtrenching for the installation of underground fiber if the installation in the microtrench is limited to fiber. This measure requires:
• To the extent necessary, a local agency with jurisdiction to approve excavations to adopt or amend existing policies, ordinances, codes, or construction rules to allow for microtrenching;
• That these provisions do not supersede, nullify, or otherwise alter the requirements to comply with specified safety standards; and • Authorizes a local agency to impose a fee for its reasonable costs on an application for a permit to install fiber.
SB 394 (Hueso) Telecommunications. Moore Universal Telephone Service Act.
Chapter 765, Statutes of 2021
This measure revises the definition of “household” to include multiple lifeline telephone service subscribers to maintain the same address if they are not members of the same household for lifeline telephone service subscribers who are provided with one lifeline subscription at the subscriber’s principal place of residence.
D. Transportation – Funding, Planning, Streamlining, and State Agencies
AB 3
(Fong) Exhibition of Speed on A Highway. Punishment.
Chapter 611, Statutes of 2021
This measure prohibits a person from engaging in a motor vehicle exhibition of speed on a highway or aiding or abetting in a motor vehicle exhibition of speed on any highway. Upon conviction, current law punishes a person by imprisonment in a county jail for not more than 90 days, by a fine of not more than $500, or by both that fine and 313
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imprisonment. This measure, commencing July 1, 2025, additionally authorizes the court to order the privilege to operate a motor vehicle suspended for 90 days to six months and restrict the person’s operation of a motor vehicle for the purposes of their employment. This measure requires the court to consider a person’s hardships when deciding to either suspend or restrict a driver’s license.
*AB 43 (Friedman) Traffic Safety.
Chapter 690, Statutes of 2021
This measure authorizes local authorities on June 30, 2024, or when the Judicial Council has developed an online tool for traffic adjudication, whichever is sooner, flexibility in setting speed limits lower (in five mph increments) than what is determined by the engineering traffic survey methodology otherwise specified in state law (known as “the 85th percentile rule”), on roads designated as high-injury streets and in business activity districts and authorizes:
• Local jurisdictions to maintain current speed limits outside of those targeted areas, if they find that it is not safe to raise those speed limits on roads for which the latest engineering and traffic survey normally calls for an increase in speeds; and
• Extends the period that a speed limit justified by a traffic and engineering survey conducted more the seven years ago remains valid, for purposes of speed enforcement, if evaluated by a registered engineer to 14 years.
AB 149
(Cmte. on Budget and Fiscal Review) Transportation. Omnibus Bill.
Chapter 81, Statutes of 2021
This measure includes the following provisions and funding within the overall 2021-22 budget package necessary to implement actions related to transportation:
Extension of Statutory Relief for Transit Agencies
Extends several types of temporary statutory relief for transit agencies impacted by the COVID-19 pandemic included in the 2020 Budget Act. These provisions include:
• Continues the hold harmless provision for calculation and allocation of State Transit Assistance (STA) Program, STA-State of Good Repair, and Low Carbon Transit Operations Program allocations (Local Revenue Basis Only) provided in the 2020 Budget Act through the 2022-23 budget years. Directed the State Controller to "freeze" for the 2020-21 through 2022-23 budget years the local revenue allocation factors used most recently before the pandemic; • Allocates transit agencies’ funds under these three programs using those same allocation factors, as opposed to updating the factors each year; • Extends the temporary suspension of the financial penalties associated with the Transportation Development Act's requirements that transit agencies obtain specified fixed percentages of their operating budgets from passenger fares through 2022-2023; and
• Continues the temporary suspensions of the financial penalties associated with the STA Program's operating cost per revenue vehicle hour requirements through 2022-23.
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Clean California
Establishes the Clean California Local Grant Program of 2021 to allocate grants to local and regional public agencies, transit agencies, and tribal governments for purposes of beautifying and cleaning up local streets and roads, tribal lands, parks, pathways, transit centers, and other public spaces;
• Limits grant awards to $5 million per grant;
• Prohibits grants that fund projects that displace people experiencing homelessness;
• Requires a funding distribution that takes into account the population that each project is intended to benefit relative to the total population that all projects awarded grants pursuant to the program will benefit and the needs of underserved communities;
• Establishes the Clean California State Beautification Program of 2021 to provide funding to beautify and clean up state highways;
• Allows Caltrans to use job order contracting for the Clean California Beautification Program of 2021; and
• Provides that Caltrans is delegated the authority necessary to carry out the purchase of vehicles, equipment, or other products as needed to implement Caltrans supplemental Fleet Acquisition Plan Fiscal Year 2021-22 for the acquisition of 269 medium-and heavy-duty vehicles and equipment to support litter abatement under the Clean California Beautification Program of 2021.
Local Streets and Roads
Makes the following changes related to the local streets and roads maintenance of efforts for cities and counties, as follows:
• Provides that cities and counties are not required to comply with the annual minimum expenditure requirements in 2019-20;
• Requires the State Controller to adjust the annual minimum expenditure requirements in the 2020-21 and 2021-22 fiscal years in proportion to any decrease in taxable sales within the applicable city or county between specified fiscal years; and
• Authorizes a city or county to petition the State Controller to use transient occupancy tax revenues in lieu of taxable sales, for purposes of making these adjustments.
AB 232 (Gallagher) Off-Highway Vehicles. Reciprocity.
Chapter 739, Statutes of 2021
This measure recognizes out-of-state permits, identification plates, or devices issued by another state, for off-highway motor vehicles not registered by the DMV.
AB 302 (Ward) San Diego Metropolitan Transit Development Board. Regulation of For-hire Vehicle and Passenger Jitney Services.
Chapter 89, Statutes of 2021
This measure replaces the term “transportation services” with the term “for-hire vehicle services” and defines that term to mean vehicles, other than public transportation vehicles, transporting passengers over public streets for compensation in the 315
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San Diego Metropolitan Transit Development Board’s jurisdiction in the city and unincorporated areas of the County of San Diego.
AB 398 (Fong) Department of Motor Vehicles. Records.
Chapter 90, Statutes of 2021
This measure eliminates the authority for the DMV to sell vehicle registration and driver’s license information and instead provides that the charge for providing the inspection of the information shall not exceed the actual cost to the DMV.
AB 471 (Low) Bureau of Automotive Repair. Administration. Citations. Safety Inspections.
Chapter 372, Statutes of 2021
This measure extends the sunset of a review to be conducted by the Legislature of the Bureau of Automotive Repair operating under the Department of Consumer Affairs from Jan. 1, 2023, to Jan. 1, 2024. This measure also, on or after July 1, 2023, authorizes the Director of Consumer Affairs to review the administration of the system for the issuance of citations for violations of the system a process for an informal review of and recommendation on citations.
AB 726 (E. Garcia) Capital Investment Incentive Program. Qualified Manufacturing Facility. Ad Valorem Property Tax Revenue Allocation Payments.
Chapter 121, Statutes of 2021
This measure adds a business engaged in the manufacturing of fuels, electrical parts, or components used in the field of clean transportation or the production of alternative fuel vehicles or EVs to the list of businesses that may operate a qualified manufacturing facility. Qualified manufacturing facilities are paid by local authorities a capital investment incentive amount to the proponent of a qualified manufacturing facility for up to 15 years.
*AB 773 (Nazarian) Street Closures and Designations.
Chapter 587, Statutes of 2021
This measure allows a local authority to adopt a rule or regulation by ordinanc e to implement a slow street program, which may include closures to vehicular traffic or through vehicular traffic of neighborhood local streets with connections to citywide bicycle networks, destinations that are within walking distance, or green space. This measure also requires the local authority to meet specified conditions to implement a slow street, including a determination that closure or traffic restriction is necessary for the safety and protection of persons using the closed or restricted portion of the street, conducting an outreach and engagement process, and c learly designating the closure or traffic restriction with specific signage.
AB 784 (Quirk) Alameda-Contra Costa Transit District.
Chapter 200, Statutes of 2021
This measure repeals the authority to form a transit district and recognizes the Alameda-Contra Costa Transit District as the district formed pursuant to this authority.
The Transit District Law authorizes any city together with unincorporated territory, or two 316
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or more cities, with or without unincorporated territory, in either the Counties of Alameda or Contra Costa or both, to organize and incorporate as a transit district divided into five wards with specified powers and duties relative to providing public transit service.
AB 811
(L. Rivas) Los Angeles County Metropolitan Transportation Authority.
Contracting.
Chapter 414, Statutes of 2021
This measure authorizes the Los Angeles County Metropolitan Transportation Authority to award contracts with private entities that combine into a single contract all or some of the planning, design, permitting, development, joint development, construction, construction management, acquisition, leasing, installation, and warranty of some or all components of transit systems and certain facilities that include operation and maintenance elements by a two-thirds vote of the members of the authority, that awarding the contract will achieve for the authority a more competitive solicitation process with respect to quality, timeliness, price, and other private sector efficiencies relevant to the integration of design, project work, and components.
AB 901
(Calderon) Rental Passenger Vehicle Transactions.
Chapter 415, Statutes of 2021
This measure sets the damage waiver rate limitation that may be established by a vehicle rental company to be included with required disclosures, mandatory and prohibited contract provisions contained in a vehicle rental agreement for specified categories of vehicle to $25, and commencing Jan. 1, 2023, authorizes the rate cap to be adjusted according to the Consumer Price Index for All Urban Consumers.
AB 917
(Bloom) Vehicles. Video Imaging of Parking Violations.
Chapter 709, Statutes of 2021
This measure extends the authorization to any public transit operator in the state until Jan. 1, 2027, and to the City and County of San Francisco indefinitely, if the examiner or issuing agency of a violation allows for the reduction or waiver of parking penalties for indigent individuals. Current law requires a designated employee, who is qualified by the city and county of San Francisco, or a contracted law enforcement agency for the Alameda-Contra Costa Transit District, who is qualified by the city and county or the district to issue parking citations, to review video image recordings for the purpose of determining whether a parking violation occurred in a transit-only traffic lane and to issue a notice of violation to the registered owner of a vehicle within 15 calendar days, as specified. Current law makes these video image records confidential and provides that these records are available only to public agencies to enforce parking violations.
AB 1157 (Lee) Controller. Transportation Funds. Distribution and Reporting Requirements.
Chapter 205, Statutes of 2021
This measure requires local transportation agencies to report to the State Controller by June 15 of each year the public transportation operators within its jurisdiction that are eligible to claim specified local transportation funds within seven months after the end of each fiscal year.
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AB 1337 (Lee) Transportation. San Francisco Bay Area Rapid Transit District.
Policing Responsibilities.
Chapter 534, Statutes of 2021
This measure specifies that a person who enters or remains upon any property, facilities, or vehicles upon which the Bay Area Rapid District owes policing responsibilities to a local government pursuant to an operations and maintenance agreement or similar interagency agreement without permission, or whose entry, presence, or conduct upon that property interferes with, interrupts, or hinders the safe and efficient operation of the transit-related facility, is guilty of a misdemeanor. Under current law, a person who enters or remains upon any land, facilities, or vehicles owned, leased, or possessed by specified transit entities that are used to provide public transportation by rail or passenger bus, or are directly related to that use, without permission, or whose entry, presence, or conduct upon the property interferes with, interrupts, or hinders the safe and efficient operation of the transit-related facility, is guilty of a misdemeanor.
SB 69 (McGuire) North Coast Railroad Authority. Great Redwood Trail Agency.
Rail Rights-of-Way. Sonoma-Marin Area Rail Transit District.
Chapter 423, Statutes of 2021
This measure renames the North Coast Railroad Authority (NCRA) to the Great Redwood Trail Agency on March 1, 2022. This measure removes the ex officio member of the Golden Gate Bridge, Highway, and Transportation District from the board and authorizes the Governor to appoint a nonvoting director from the State Transportation Agency and a nonvoting director from the Natural Resources Agency. Under current law, the NCRA is governed by a board of directors composed of appointees from the counties of Humboldt, Marin, Mendocino, and Sonoma, a city representative selected by the cities served by the authority’s rail line, and a nonvoting, ex officio member of the Golden Gate Bridge, Highway, and Transportation District. Current law requires the authority to plan for the transfer of all its assets and liabilities and for its dissolution.
SB 287 (Grove) Vehicles. Trailers.
Chapter 610, Statutes of 2021
This measure permits a class C driver’s license holder to operate a vehicle when towing a trailer between 10,000- and 15,000-pounds gross vehicle weight rating or gross vehicle weight, if the towing is not for compensation or commercial purposes, the trailer is used exclusively for recreational purposes and for the transportation of property or human habitation, a specified coupling is used, and the person has passed a specialized written examination. The measure also includes within a class C driver’s license the operation of a vehicle when towing a fifth-wheel travel trailer between 10,000- and 15,000-pounds gross vehicle weight rating or gross vehicle weight when the towing is not for compensation and the license holder passes a specialized written examination.
SB 297 (Durazo) Subsurface Installations. Penalties.
Chapter 726, Statutes of 2021
This measure enacts the Wade Kilpatrick Gas Safety and Workforce Adequacy Act of 318
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2021. This measure prescribes a civil penalty of up to $100,000 to be imposed on an operator or excavator who knowingly and willfully violates provisions relating to excavations and subsurface installations and damages a gas or hazardous liquid pipeline subsurface installation in a way that results in the escape of any flammable, toxic, or corrosive gas or liquid.
SB 333
(Eggman) San Joaquin Regional Transit District. Procurement.
Chapter 217, Statutes of 2021
This measure increases the competitive bidding threshold to $75,000 and specifies that the contract be in the district’s discretion either to the lowest responsible bidder or to a responsible bidder that submits a proposal that provides the best value. The Local Agency Public Construction Act governs contracting by the San Joaquin Regional Transit District for the purchase of supplies, equipment, and materials. Additionally, this measure requires the district, when such an expenditure exceeds $50,000, to make that purchase by contract let to the lowest responsible bidder. This measure requires the district to publish notice requesting bids at least once in a newspaper of general circulation.
SB 339 (Wiener) Vehicles. Road Usage Charge Pilot Program.
Chapter 308, Statutes of 2021
This measure extends the operation of the Road Usage Charge (RUC) Technical Advisory Committee, under the direction of the Chair of the CTC, to study RUC alternatives to the gas tax, gather public comment on issues and concerns related to the pilot program, and make recommendations to the Secretary of Transportation on the design of a pilot program to guide the development and evaluation of the potential for mileage-based revenue collection as an alternative to the gas tax system until Jan. 1, 2027. The operation of these provisions was scheduled to expire on Jan. 1, 2023.
SB 366
(Umberg) Automobile Dismantling. Task Force.
Chapter 601, Statutes of 2021
This measure creates a violation of this provision punishable by specified fines for the first, second, third, and subsequent violations, ranging from $250 to $1,000. This measure declares a building or place used for the purpose of automobile dismantling in violation of those requirements for operation to be a public nuisance and authorizes a public body to seek certain remedies. Current law makes it unlawful for any person to act as an automobile dismantler without having an established place of business, meeting specified requirements, and having a current, valid license or temporary permit issued by the DMV. A violation of this provision is a misdemeanor, punishable by a fine not exceeding $1,000 or by imprisonment in the county jail not exceeding six months, or by both the fine and imprisonment.
SB 548
(Eggman) Tri-Valley-San Joaquin Valley Regional Rail Authority. Transit Connectivity.
Chapter 220, Statutes of 2021
This measure requires Tri-Valley-San Joaquin Valley Regional Rail Authority to be considered a rail transit district, thereby exempting the authority from specified 319
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provisions related to regulation by counties and cities regarding building, zoning, and related matters. Current law establishes the Authority for purposes of planning, developing, and delivering cost-effective and responsive transit connectivity, between the Bay Area Rapid Transit District’s rapid transit system and the Altamont Corridor Express commuter rail service in the Tri-Valley, as defined, region of California. Current law gives the authority all of the powers necessary for planning, acquiring, leasing, developing, jointly developing, owning, controlling, using, jointly using, disposing of, designing, procuring, and constructing facilities to achieve transit connectivity, including, among other powers, the power to enter into cooperative or joint development agreements with local governments or private entities necessary to achieve transit connectivity.
SB 629
(Roth) Identification Cards.
Chapter 645, Statutes of 2021
This measure deletes the requirements that the usable photo on file be no more than ten years old and that the person has no outstanding fees due for a prior identification card, requires a new photo to be taken if the photo on file is deemed unusable, and requires the inmate to provide, and the DMV to verify their California residency for purposes of obtaining an identification card. Current law requires the Department of Corrections and Rehabilitation and the DMV to ensure that any eligible inmate released from state prison has a valid identification card. Current law defines “eligible inmate,” in part, as a person who has previously held a California driver’s license or identification card, who has a usable photo on file with the DMV that is not more than ten years old, and who meets certain requirements, including that they have provided, and the DMV has verified, specified information, such as the inmate’s true full name.
SB 640 (Becker) Transportation Financing. Jointly Funded Projects.
Chapter 108, Statutes of 2021
This measure authorizes cities and counties to propose projects to be jointly funded by the cities and counties’ apportionments of increases in fuel taxes and vehicle fees, for the Road Maintenance and Rehabilitation Account. After certain allocations for the program are made, existing law requires the remaining funds available for the program to be continuously appropriated: 50% for allocation to Caltrans for maintenance of the state highway system or for the State Highway Operation and Protection Program and 50% for apportionment to cities and counties by the State Controller pursuant to a specified formula.
SB 814 (Cmte. on Transportation) Transportation. Omnibus Bill.
Chapter 311, Statutes of 2021
This measure expands the definition of a pedicab to include electric bicycles and expands the definition of a bicycle to include electric bicycles. By expanding these definitions, this measure expands an existing crime, thereby imposing a state-mandated local program.
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APPENDIX A – ADDITIONAL
RESOURCES
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2021 Budget Act Bills and Trailer Bills
2021 Budget Act Bills and Trailer Bills
On June 28, 2021, Governor Newsom signed AB 128 (Chapter 21, Statutes of 2021), which represented a preliminary budget agreement between the Legislature and the Administration. On July 12, 2021, Governor Newsom signed SB 129 (Chapter 69,
Statutes of 2021), which made significant amendments to AB 128 and represents the 2021 Budget Act agreement between the Legislature and the Administration. As such, AB 128 is omitted from this publication for clarity.
Consistent with prior fiscal years, several “Budget Bill Junior” statutory amendments followed to make technical changes or clarifications to the 2021 Budget Act. Budget Bill Junior measures related to the 2021 Budget Act notable for local governments include AB 161 (Chapter 43, Statutes of 2021), AB 164 (Chapter 84, Statutes of 2021), and SB
170 (Chapter 240, Statutes of 2021).
By providing for appropriations related to the state budget within the meaning of subdivision (e) of Section 12 of Article IV of the California Constitution, Budget Bills and Trailer Bills take effect immediately upon approval by the Governor.
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Key Organic Waste Legislation and Funding
Key Organic Waste Legislation and Funding
Organic Waste – Implementing SB 1383 Regulations
In November 2020, the California Department of Resources Recycling and Recovery (CalRecycle) finalized sweeping organic waste regulations to implement statewide organic waste diversion goals set forth in SB 1383 (Lara, Chapter 395, Statutes of 2016). These regulations took several years to develop and require local governments to implement many of the requirements outlined in the regulations by Jan. 1, 2022.
Anticipating the potential costs to cities to implement the regulations, Cal Cities conducted a survey
in November 2020 asking member cities if they anticipate their solid waste and recycling rates increasing, and if so, why? The results of the survey showed seven out of ten cities surveyed anticipate a solid waste and recycling rate increase between one to 20%in the next three years. One of the main cost drivers identified in the survey was the cost of implementing the regulations. As the survey data indicates, the burden of paying for the costs associated with implementing the regulations will fall to our residents and our businesses, given that the regulations do not have a source of state funding identified.
The results of this survey, combined with feedback from city officials during numerous roundtables, led Cal Cities to develop a legislative proposal to help local governments comply with the regulations. Cal Cities took the lead in establishing a coalition of local government associations and worked with Senator Laird on crafting a bill. This proposal was introduced as SB 619
(Laird, Chapter 508, Statutes of 2021). Over the course of the legislative session, Cal Cities worked closely with this coalition and Senator Laird to develop and refine the language, work with external stakeholders, and coordinate legislative testimony in support of the bill.
SB 619 became the policy vehicle through
which local governments sought to gain additional time and flexibility to implement the regulations.
In a parallel track, Cal Cities and this same local government coalition, also developed and pushed for a $225 million budget ask
for state dollars to help local governments
implement the regulations. Cal Cities’ budget ask gained traction in the State Senate, championed by Senators Allen, Laird, and Wieckowski, where $200 million was proposed to fund SB 1383 implementation in the Senate’s climate resiliency proposal.
Ultimately, Cal Cities was successful in our advocacy for both policy change and state funding. While Cal Cities’ original bill idea was sidelined, a compromise bill with CalRecycle was amended into the final version of SB 619. SB 619 was then passed by
the Legislature and signed into law by Governor Newsom. Cal Cities’ organic waste budget ask was included in the final budget bill,
SB 170 (Skinner, Chapter 240, Statutes
of 2021), but was pared down to $60 million from the Senate’s $200 million proposal.
Both the policy change and the state funding mark significant improvements that will help cities better implement the regulations and lower costs for their residents. A detailed list of key bills, including
SB 619, related to organic waste has been prepared
below.
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Key Organic Waste Legislation
AB 322 (Salas) Energy. Electric Program Investment Charge Program. Biomass.
Chapter 229, Statutes of 2021
This measure requires the California Energy Commission (CEC) to consider, in the investment planning process for the Electric Program Investment Charge (EPIC), funding for eligible biomass conversion to energy projects. This measure also requires the CEC to consider recommendations from CARB and CAL FIRE, and to coordinate with the Natural Resources Agency, CalRecycle, and the Department of Food and Agriculture about the need for biomass conversion. Additionally, this measure requires the CEC to consider opportunities to reduce short-lived climate pollutant emissions, generate carbon negative emissions, reduce wildfire impacts, and increase energy reliability.
AB 843
(Aguiar-Curry) California Renewables Portfolio Standard Program.
Renewable Feed-In Tariff. Bioenergy Market Adjusting Tariff Program. Community Choice Aggregators.
Chapter 234, Statutes of 2021
This measure allows Community Choice Aggregators to access the CPUC’s Bioenergy Market Adjusting Tariff program.
AB 1201
(Ting) Solid Waste. Products. Labeling. Compostability and Biodegradability.
Chapter 504, Statutes of 2021
This measure ensures that only products capable of being composted in real-world compost facilities are labeled “compostable.” Specifically, this measure prohibits a person from selling or offering for sale a product that is labeled with the term “compostable” or “home compostable” unless the product satisfies specified criteria established by CalRecycle.
SB 619
(Laird) Organic Waste. Reduction Regulations. Local Jurisdiction Compliance.
Chapter 508, Statutes of 2021
This measure gives local governments an optional pathway to compliance with SB 1383 (Lara, Statutes of 2016) CalRecycle organic waste regulations. If the compliance pathway approved by CalRecycle is kept, then cities are shielded from penalties being imposed or accruing for the 2022 calendar year.
Specifically, this measure:
• Authorizes a local jurisdiction facing continuous violations of the Regulations to submit a notice of intent to comply (NOI) to CalRecycle. If approved by CalRecycle, the jurisdiction is eligible for administrative civil penalty relief for the 2022 calendar year and a corrective action plan;
• Requires, for violations of the regulations that are disclosed in an approved NOI, CalRecycle to waive administrative civil penalties for noncompliance during the 2022 calendar year, and prohibits administrative civil penalties from accruing 324
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during the 2022 calendar year, if the local jurisdiction implements certain actions to remedy the violations;
o For violations that may take more than 180 days to correct, authorizes CalRecycle to instead address the violations disclosed in the NOI through a corrective action plan;
o Authorizes CalRecycle to revoke its approval of the NOI and impose administrative civil penalties for violations occurring during the 2022 calendar year retroactive to the date of violation if a local jurisdiction fails to adhere to the proposed actions;
• Permits, for violations that commence during 2022 and continue into 2023, administrative civil penalties to begin accruing as of Jan. 1, 2023; however, requires those penalties be waived upon compliance with a corrective action plan;
• Requires the NOI be filed with CalRecycle no later than March 1, 2022, and requires CalRecycle to respond to the local jurisdiction within 45 business days of receiving a NOI with approval, disapproval, request for additional information, or timeline for a decision on approval or disapproval; and • Authorizes CalRecycle to adopt emergency regulations to implement and enforce these provisions.
State Budget Funding
SB 170
(Skinner) Budget Act of 2021.
Chapter 240, Statutes of 2021
This measure makes numerous appropriations. Such appropriations include, but are not limited to, the following items related to organic waste:
• Circular Economy Package appropriates $75 million in 2021-22, including:
o $3 million to CalRecycle for food waste prevention and rescue programs; o $5 million to CalRecycle for community composting;
o $10 million to CalRecycle for co-digestion at wastewater treatment plants; and
o $20 million to CalRecycle for organics infrastructure grants. • Cap and Trade Discretionary Spending Plan appropriates $850 million Greenhouse Gas Reduction Fund, including:
o $130 million to CalRecycle for waste diversion/recycling infrastructure:
$70 million for organics infrastructure grants; and
$60 million for grants to local jurisdictions to assist in the implementation of SB 1383 (Lara, Statutes of 2016).
For more information on additional appropriations in SB 170 (Skinner), please see the budget section.
For more information related to recycling legislation and funding, please see Appendix A, Key Recycling Legislation and Funding.
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Key Recycling Legislation and Funding
Key Recycling Legislation and Funding
Recycling – Shifting How California Recycles
Over the past three years, there have been several major legislative attempts to overhaul how California recycles — but none have succeeded. For example, during the 2019-20 legislative session, Senator Ben Allen and Assembly Member Lorena Gonzalez championed SB 54 and AB 1080, which unsuccessfully sought to require single-use plastic producers to achieve a 75% reduction of waste generated from single‐use packaging and priority single‐use plastic products in the California market by 2030. While these bills did not advance, they brought the issue of reforming how California recycles to the forefront of the Legislature’s mind.
This year, both Senator Allen and Assembly Member Gonzalez continued to work on recycling issues but took smaller swings at reforming the recycling system by introducing SB 343 and AB 881
. Both bills, which were passed by the Legislature and
signed by Governor Newsom. Summaries of these bills are included in this document.
In February of 2021, Cal Cities, along with other local government associations, sent a
letter to the Legislature asking for urgent action to address needed changes to the Beverage Container Recycling Program to address the lack of convenient redemption opportunities in many parts of the state. This letter was a product of numerous Cal Cities solid waste and recycling roundtables and conversations with local governments up and down the state. In response to this letter, Assembly Member Wood introduced AB 1311 to make some of the tweaks requested. This measure was ultimately passed by the Legislature and signed by Governor Newsom. A summary of AB 1311 is included in this document.
In addition to this bill, there were several other bills, including SB 38 (Wieckowski), AB
1454 (Bloom), and SB 451 (Dodd), which unsuccessfully sought to overhaul the existing recycling system in California — in part due to the many issues related to the mass closure of redemption centers and declining recycling rates.
It is anticipated that the Legislature will continue the push to overhaul the recycling system in California in the next legislative session. A detailed list of key bills related to recycling is included in this document.
Key Solid Waste and Recycling Legislation
AB 881
(Gonzalez) Recycling. Plastic Waste. Export.
Chapter 501, Statutes of 2021
This measure makes the export out of the country of a mixture of plastic wastes count as "disposal" and not “diversion” under the California Integrated Waste Management Act of 1989, unless the mixture includes only certain plastics destined for separate recycling, in which case that export constitutes diversion through recycling. Until Jan. 1, 2024, “export” means exporting out of the country and does include export to Canada or Mexico.
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AB 962 (Kamlager) California Beverage Container Recycling and Litter Reduction Act. Reusable Beverage Containers.
Chapter 502, Statutes of 2021
This measure authorizes CalRecycle to allow returnable bottles to flow through the state’s Beverage Container Recycling and Litter Reduction Act (Bottle Bill) program and provide bottle washers the same processing payment that is currently paid to certified recyclers, and the same Quality Glass Incentive Payment that is currently paid to certified recycling processors.
AB 1276
(Carrillo) Single-Use Foodware Accessories and Standard Condiments.
Chapter 505, Statutes of 2021
This measure requires food and beverage accessories, such as single-use condiments and plastic silverware, be available only upon request. This includes food facilities that use third parties for their take-out food order and delivery. This measure also requires, on or before June 1, 2022, local governments to authorize an enforcement agency to enforce this measure’s requirements.
AB 1311
(Wood) Recycling. Beverage Containers.
Chapter 506, Statutes of 2021
This measure expands the beverage container redemption opportunities under the Bottle Bill program that include, but are not limited to, appointment-based bottle drop- offs and electronic deposit payments.
Specifically, this measure:
• Requires bag drop recycling centers to pay the refund value for beverage containers within a reasonable period of time, not to exceed three business days; • Specifies that the refund value can be paid electronically; o Defines “bag drop recycling center” as a recycling location operated by a recycling center at which consumers can drop off bagged empty beverage containers for redemption.
• Authorizes CalRecycle to require a certified recycling center to operate up to 50% of its hours of operation other than during 9 a.m. to 5 p.m; • Authorizes CalRecycle to certify a recycling center operating less than 30 hours per week if the recycling center posts a sign indicating the location of the nearest recycling center that is open at least 30 hours per week, accepts all material types, and if either of the following apply:
o The recycling center is in a rural region; or
o The needs of the community and the goals of the Bottle Bill will be best served by certification of the recycling center.
• Requires CalRecycle, before July 1, 2022, to develop and implement a process for certified recycling centers to apply for authorization to operate on an “alternative schedule,” which could include reduced hours of operation. Requires the process to include, at a minimum:
o The form and content of the application and the manner in which the application is required to be submitted;
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o The criteria used by CalRecycle to authorize a certified recycling center to operate on an alternative schedule, including providing flexibility for certified recycling centers that are owned or operated by small or family- owned businesses and centers that are experiencing operational challenges due to natural disasters or states of emergency; o A minimum number of hours per week, per month, or per year that a recycling center may be open to ensure that the ability of consumers to conveniently return all types of beverage containers is not significantly decreased; and
o Other requirements determined by CalRecycle to ensure convenient consumer redemption opportunities for all beverage types. • Specifies that, until July 1, 2023, a certified recycling center is open for business if it receives written confirmation from CalRecycle to operate pursuant to an appointment system, the recycling center ensures that an employee is present during all appointments and available to accept containers and pay the California Redemption Value (CRV); and
• Exempts dealers delivering empty beverage containers redeemed from consumers to a certified recycling center or processor from the daily load limits established by CalRecycle for containers.
SB 343
(Allen) Environmental Advertising. Recycling Symbol. Recyclability.
Products and Packaging.
Chapter 507, Statutes of 2021
This measure provides additional clarity and regulatory standards on which products can use the recycling “chasing arrows” symbol on their packaging. These standards include, but are not limited to, requiring a plastic product to be recyclable by 60% of local jurisdictions to be allowed to use the “chasing arrows” symbol.
State Funding
SB 170
(Skinner) Budget Act of 2021.
Chapter 240, Statutes of 2021 (Urgency)
This measure makes numerous appropriations. Such appropriations include, but are not limited to, the following items related to recycling:
• Circular Economy Package appropriates $75 million in 2021-22, including:
o $2 million to CalRecycle for Circular Economy development; o $25 million to CalRecycle for the Recycling Market Development Zone Loan Program; and
o $10 million to CalRecycle for the Quality Incentive Payment Program for plastic thermoforms.
For more information on additional appropriations in SB 170, please see the budget section.
For more information related to organic waste legislation and funding, please see Appendix A, Key Organic Waste Legislation and Funding
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Key Broadband Legislation
Key Broadband Legislation
Background:
While the digital divide is not a new challenge, the COVID-19 pandemic highlighted that a lack of broadband access persists for many communities. As nearly every household, business, and agency swiftly adapted to a new virtual environment, disparities around access to fast, reliable, and affordable broadband service became even more apparent.
In addition to increased individual reliance on the internet to meet daily obligations such as school, work, and access to healthcare, local governments have taken to online platforms to ensure that transparency and accessibility continues to be maintained.
In June 2020, the Transportation, Communications, and Public Works Policy Committee voted, and the Cal Cities Board approved a new broadband policy supporting broadband deployment in unserved and underserved areas. Additionally, Cal Cities 2021 Action Agenda included securing state and federal resources to close the digital divide while protecting and modernizing critical infrastructure in California's communities. The new policy, coupled with this its prominence in this year’s Action Agenda, played a key role in guiding Cal Cities staff as the Legislature considered broadband issues this last year.
Historical Role of the California Public Utilities Commission in Broadband Deployment
Under current law, the California Public Utilities Commission (CPUC) has regulatory authority over public utilities, including telephone corporations. Current law requires CPUC to develop, implement, and administer the California Advanced Services Fund (CASF) to encourage the deployment of high-quality advanced communications services to all Californians to promote economic growth, job creation, and the substantial social benefits of advanced information and communications technologies.
The CASF consists of several subaccounts, each with funding allocated for a specific purpose (i.e., infrastructure, consortia support, public housing, and adoption). In 2017, the program was reauthorized under AB 1665
(Eduardo Garcia, et al.), Chapter 851,
Statues of 2017. That measure authorized the CPUC to collect a surcharge from Jan. 1, 2018, through Dec. 31, 2022, to fund the program at a rate of up to $66 million per year.
The statutory goal of the program is to provide broadband access to no less than 98% of California households in each "consortium" (regional umbrella organizations made up of public, private, and community-based organizations that coordinate efforts to promote deployment, access, and adoption of broadband technology). As of 2021, the state has not met the CASF program goal; however, demand for CASF grants thoroughly exceeds available funds as thousands of Californian households across the state continue to lack service to even basic internet service.
Additionally, the CPUC is required to direct interconnected Voice over Internet Protocol providers, that service enabling two-way voice communications requiring broadband, to collect surcharges on California intrastate revenues and deposit those funds in the 329
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accounts for the state’s telecommunications universal service programs, including the CASF.
To address the digital divide, the Legislature proposed a package of broadband reforms, including the measures listed below, that would affirmatively embrace the small local government/non-profit model of broadband by creating a state-backed bond financing program that would enable long-term, low-interest loans to finance fiber; increased eligibility to grant programs; and increased oversight and accountability by the CPUC for the deployment of broadband throughout California communities.
Cal Cities Supported Measures:
AB 14
(Aguiar-Curry) Communications. California Advanced Services Fund. Deaf and Disabled Telecommunications Program. Surcharges.
Chapter 658, Statutes of 2021 (Urgency)
This measure extends the CASF program to encourage deployment of broadband service to unserved Californians and revises the surcharge collection methodology for interconnected VoIP service and the Deaf and Disabled Telecommunications Program (DDTP).
CPUC collects surcharges to fund and administer five telecommunications public purpose programs, including CASF and DDTP. Due to unreliable methodologies used to estimate surcharge amounts owed to the CPUC by providers of telephone service, the CPUC has under collected surcharges, leading to structural revenue problems for all the public purpose programs. The changes contained in this measure revise the surcharge collection mechanism for DDTP and all public purpose programs so that the CPUC may implement a more stable funding mechanism.
SB 4
(Gonzalez) Communications. California Advanced Services Fund.
Chapter 671, Statutes of 2021 (Urgency)
This measure eliminates the $330 cumulative cap on CASF funds and raises the annual revenue cap from $66 million to $150 million. Prior to Dec. 2020 adjustments to the CASF surcharge rate, CASF was on track to only collect $187 million out of the $330 million total funding authorized under existing law. Even with surcharge rate increases, CASF may never collect its total authorized revenue if the revenues disproportionately rely on surcharges paid by traditional telephone users.
On March 4, 2021, CPUC opened a rulemaking (R. 21-03-002) to update the surcharge mechanism for the state’s Universal Service Fund programs. Neither this measure or AB 14
require CPUC to set a specific surcharge amount or increase surcharges.
Instead, both measures eliminate restrictions in existing law that limit CPUC’s ability to modify the surcharge mechanism through its existing proceeding. To the extent that CPUC takes action in its ongoing proceeding that results in the collection of more CASF revenues from reducing cost-shifts to wireline telephone ratepayers, this measure and AB 14 could provide a long-term source of broadband deployment funding for multi-year broadband projects that may not meet the deadlines for federal stimulus funding and expand local governments’ eligibility to apply for available CASF grants.
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Key Broadband Legislation
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Cal Cities supported both AB 14 and SB 4 from the start of the legislative session. The authors, Assembly Member Cecilia Aguiar-Curry and Senator Lena Gonzalez partnered as principal co-authors to both measures after a comprehensive broadband package failed to pass in the 2020 legislative session. The CASF reforms included in AB 14 and SB 4 provide stability and reliability to the fund and permit more eligible participants to serve a more significant role in closing the digital divide.
SB 28
(Caballero) Digital Infrastructure and Video Competition Act of 2006.
Deployment Data.
Chapter 673, Statutes of 2021
This measure requires the CPUC to collect granular data on the actual locations served by the holder of a state franchise.
In 2006, the Legislature passed the Digital Infrastructure and Video Competition Act (DIVCA), which established a state cable franchise process at the CPUC. Prior to the passage of DIVCA, local governments licensed cable franchises. A cable provider seeking to offer video service in every part of California needed to obtain over 400 franchise agreements before the creation of a state franchise process. Few areas had more than one cable provider, and the primary service competing against cable, satellite television service, was not required to obtain franchise agreements. DIVCA was intended to grow cable service in the state and increase competition between cable providers by lowering barriers associated with local franchising.
In addition to providing video service, many DIVCA franchisees are also internet service providers and frequently provide video and internet services through some of the same infrastructure. Over 96% of Californians with broadband receive their internet service from a DIVCA franchisee. Since the enactment of DIVCA, the video service market has changed dramatically due to the rise of web-based streaming video subscriptions and the growth of wireless personal communications devices. As of 2018, the Motion Picture Association of America reported that total online streaming platform subscriptions surpassed total cable subscriptions.
While existing law requires cable providers to provide information about the number of households to which it provides internet service, existing law only requires this information on a census tract level and allows cable providers to submit an estimate of this figure if the company does not maintain the data. A census tract’s size depends on the density of the population. As a result, rural counties generally have fewer census tracts than those contained in more urban counties. Given the potentially large geographic area that a census tract may contain, data at this level is unlikely to provide enough detail to identify whether a franchise is discriminating against a specific community. The enhanced data collection required by this measure may provide information that could enable the CPUC to better identify communities that lack service.
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Key Broadband Legislation
League of California Cities 2021 Legislative Report
SB 156 (Cmte. on Budget and Fiscal Review) Communications. Broadband.
Chapter 112, Statutes of 2021
This measure implements the first year of a three-year $6 billion investment in broadband.
Most of the funding ($3.25 billion) is budgeted to build a statewide, publicly owned, open-access broadband middle-mile network overseen by the California Department of Technology and a third-party administrator. The middle-mile will not directly serve households, but rather is the essential backbone infrastructure needed to enable direct, or "last-mile," connections to households or businesses by internet service providers.
Therefore, the $3.25 billion middle-mile funding will serve a different purpose than CASF and this measure, which connects households through last-mile connections.
This year's budget also allocated $750 million for a Loan-Loss Reserve fund. This funding is to assist local governments and non-profits in financing broadband service projects across the state. Like the CASF, the Loan-Loss Reserve fund will be administered by the CPUC.
For last-mile connections, this year's budget allocated $2 billion to a new CASF subaccount, the Federal Funding Account. The Federal Funding Account is funded through federal monies received from the American Rescue Plan Act (ARPA). The Federal Funding Account will be used to fund last-mile projects to connect unserved and underserved households to broadband service by applicable federal deadlines.
Although the Federal Funding Account and its monies fall within the CASF program, that subaccount is separate from the existing CASF Infrastructure grant account. The CASF Infrastructure grant account also funds last-mile infrastructure projects for unserved households but currently has more funding requests than available funds.
In summary, this year's budget allocated $6 billion to broadband projects broadly; however, only $2 billion of that funding is allocated to CASF, and it all must be spent by 2026 or returned to the federal government. The surcharges collected under this measure could be used to fund the other CASF subaccounts that were not funded with the $2 billion appropriation under SB 156
, such as the adoption and public housing
subaccounts. The surcharge could also go towards funding the 37 outstanding CASF Infrastructure grant applications that have been pending since May 2020 but were never acted on, in part, because of a lack of available funding.
Cal Cities supported this measure as part of a large and diverse coalition. This measure included over $3 billion more than Cal Cities had originally requested in the budget for broadband deployment. SB 156
faced intense opposition from the telecommunications
industry, which sought to divert funding away from the middle mile.
Cal Cities Opposed Measure:
SB 556
(Dodd) Street Light Poles, Traffic Signal Poles, Utility Poles, and Support Structures. Attachments.
In 2018, the Federal Communications Commission (FCC) voted to limit the authority and standards that states and local governments can require for the installation and/or 332
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deployment of small cell wireless facilities. However, the FCC regulations explicitly protect the ability of local governments to ensure that such installations meet appearance and design standards, maintain traffic safety, protect historical resources' integrity, and safeguard citizens' quality of life. Additionally, local governments can continue to charge fees that are a reasonable approximation of the local government's actual and direct costs, including costs to maintain a structure within the right-of-way, process an application or permit, and review a siting application.
While Cal Cities was a party to litigation seeking the U.S. Supreme Court’s review and overturning of the 9th Circuit District Court of Appeals challenging the FCC declaratory ruling that abrogated protections for local governments in prior FCC regulations, the U.S. Supreme Court upheld the decision.
Specifically, SB 556
would have:
• Gone beyond the FCC’s adopted regulations on wireless services deployment, which cities and counties across the nation are actively implementing; • Required local governments to make space available to telecommunications providers for wireless infrastructure without recognizing local authority to manage the public right-of-way preserved in the federal law; and • Created ambiguity in the fees local governments can charge for access to their infrastructure.
Cal Cities worked diligently with the author's office to secure amendments to SB 556 that ensured conformity with the existing FCC regulations. However, despite these amendments, Cal Cities continued to oppose the measure as SB 556 did not include
any requirements that telecommunications providers service unserved and underserved communities across the state.
After the Legislature passed SB 556, Cal Cities urged the Governor to veto SB 556, which was successful.
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APPENDIX B – CAL CITIES
RESOURCES
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Legislative Staff
League of California Cities 2021 Legislative Report
Legislative Staff
Melanie Perron, Deputy Executive Director
Advocacy and Public Affairs
[email protected]
Jason Rhine, Assistant Legislative Director
Housing, Community and Economic Development
[email protected]
Derek Dolfie, Legislative Representative
Community Services; and Environmental Quality
[email protected]
TBD
Governance, Transparency and Labor Relations
Nick Romo, Legislative Representative
Revenue and Taxation
[email protected]
Damon Conklin, Legislative Representative
Transportation, Communications and Public Works
[email protected]
Meg Desmond, Associate Manager, Legislation Administration [email protected]
Johnnie Pina, Policy Analyst
Housing, Community and Economic Development; Governance, Transparency and Labor Relations; Revenue and Taxation
[email protected]
Caroline Cirrincione, Policy Analyst
Community Services; Environmental Quality; Public Safety; Transportation, Communications and Public Works
[email protected]
Jessica Sankus, Senior Policy and Legislative Analyst
[email protected]
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Regional Public Affairs Managers
League of California Cities 2021 Legislative Report
Regional Public Affairs Managers
Public Affairs Director
Bismarck Obando
Office: (916) 658-8273
Cell: (916) 612-9377
[email protected]
Central Valley
Stephen Qualls
P.O. Box 785
Hughson, CA 95326
Cell: (209) 614-0118
[email protected]
Channel Counties
David Mullinax
Cell: (805) 797-3530
[email protected]
Desert Mountain; Inland
Empire
Laura Morales
Cell: (909) 275-4110
[email protected]
East Bay
Sam Caygill
Cell: (510) 473-5418
[email protected]
Peninsula
Seth Miller
Cell: (415) 595-8629
[email protected]
Los Angeles County
Kristine Guerrero
P.O. Box 3482
Lakewood, CA 90711
Cell: (626) 716-0076
[email protected]
Jennifer Quan
P.O. Box 1444
Monrovia, CA 91017
Cell: (626) 786-5142
[email protected]
Jeff Kiernan
8149 Santa Monica Blvd.
#206
West Hollywood, CA
90046
Cell: (310) 630-7505
[email protected]
Monterey Bay
Deanna Sessums
P.O. Box 7980
Santa Cruz, CA 95061
Cell: (831) 915-8293
[email protected]
North Bay
Nancy Hall Bennett
Cell: (415) 302-2032
[email protected]
Orange County
Tony Cardenas
P.O. Box 28927
Anaheim Hills, CA 92809
Cell: (714) 425-5558
[email protected]
Redwood Empire
Sara Sanders
Office: (916) 658-8243
Cell: (916) 548-9030
[email protected]
Riverside County
Erin Sasse
12523 Limónite Ave.
Suite 440-161
Mira Loma, CA 91752
Cell: (951) 321-0771
[email protected]
Sacramento Valley
Charles Anderson
Cell: (916) 798-2231
[email protected]
San Diego County;
Imperial County
Catherine Hill
P.O. Box 82081
San Diego, CA 92138
Work: (619) 295-8282
Cell: (619) 733-1751
[email protected]
South San Joaquin
Valley
Rajveer Rakkar
Cell: (559) 214-1849
[email protected]
Note: With the exception of
those addresses listed, and
unless otherwise instructed,
mail may be sent to:
League of California Cities
1400 K Street, 4th Floor
Sacramento, CA 95814
Fax: (916) 658-8240
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10 Tips for Cities Lobbying the California Legislature
League of California Cities 2021 Legislative Report
10 Tips for Cities Lobbying the California Legislature
1. Become engaged in the state level political process by appointing a legislative liaison within your city to track key legislation and work with your regional public affairs manager. Visit the Cal Cities regional division webpage to locate contact
information for your regional public affairs manager.
2. Use Cal Cities as a resource. Visit the Cal Cities advocacy page to access Cal Cities priority bills, city sample support and opposition letters, legislative contacts, and use our online bill search feature to track bills’ progress.
3. Read and subscribe to the Cal Cities Advocate, Cal Cities’ online newsletter, to stay current on important legislation and stories.
4. Develop relationships with your Senate and Assembly representatives as well as their Capitol and district office staff. Make sure to look up who your local state
elected official is.
5. Get to know members of your local press and educate them on legislative issues affecting your city.
6. Understand how state decisions impact your city’s budget by attending Cal Cities educational conferences, policy committee meetings, and regional division events.
7. Build networks and collaborate with other stakeholders, such as non-profits, businesses, or your county, in your community on key legislative issues.
8. Organize an internal process within your city for developing and proposing changes to both state and federal laws that will help your city.
9. Adopt local policies on legislation that enable your city to react quickly to the legislative process and respond to Cal Cities action alerts.
10. Write letters on legislation featured in the Cal Cities Advocate. City sample support and opposition letters can be found using the Cal Cities bill search feature and entering the bill number or bill author.
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Effective Letter Writing Techniques
League of California Cities 2021 Legislative Report
Effective Letter Writing Techniques
1. Include the Bill Number, Title, and Your Position in the Subject Line. Never bury the bill number and the action you want the legislator to take in the body of the letter.
2. One Bill per Letter. Legislators file letters according to the bill number.
3. State the Facts. Describe the impact the bill would have on your city. Use “real world” facts; legislators like to know how a bill would specifically affect cities in their districts. Cal Cities often provides a sample letter that includes space to describe local impacts. Take the time to provide such examples. This part of the letter is the most valuable to the legislator.
4. Think About the Message. Letters may be targeted to specific legislators or entire committees. Think about who you want to act on the bill and message accordingly. If you are writing in support of transportation funding, emphasizing how the project will reduce greenhouse gases might be important to one legislator, while highlighting how the project could encourage additional development and jobs might be important to another. Both messages are correct, but your effectiveness will be in selecting the right message.
5. Check for Amendments. Always check the Cal Cities bill search page to make sure you are addressing issues in the latest draft. Bills are often significantly amended and the issue you are writing about may have changed or have been deleted altogether by the time you send your letter.
6. Send Follow-up Letters to the Appropriate Legislative Committees as a Bill Moves Along. You can often use your original letter with some modifications. Visit the Cal Cities bill search webpage to track the bill’s location. In addition, the Cal Cities Advocate features stories on key legislation.
7. Provide a Contact. At the close of the letter, provide a contact person in case there are questions about the city’s position.
8. Know the Committees on Which Your Legislator Serves. A legislator is likely to pay more attention to the bill positions of their constituents especially when it comes before his or her committee. At the committee level, this is even more important because your legislator has greater ability at this point in the legislative process to have the bill amended.
9. Copy the Right People. Email a copy of the letter to your local state senator, assembly member, your Cal Cities regional public affairs manager, and Cal Cities.
10. Submit your Letter to the California Legislature Position Letter Portal. The portal automatically sends letters to the author’s office and the committee(s) of jurisdiction. Please visit the legislative portal
to create an account and upload the
letter.
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Effective Letter Writing Techniques
League of California Cities 2021 Legislative Report
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Index of Chaptered Bills
AB 3 ................................................. 102 AB 9 ................................................... 40 AB 14 ............................................... 100 AB 26 ................................................. 85 AB 27 ................................................. 60 AB 33 ................................................. 33 AB 37 ................................................. 44 AB 41 ............................................... 100 AB 43 ............................................... 103 AB 46 ................................................. 25 AB 48 ................................................. 85 AB 57 ................................................. 85 AB 61 ................................................. 88 AB 63 ................................................. 31 AB 66 ................................................. 31 AB 68 ................................................. 62 AB 72 ................................................. 31 AB 73 ................................................. 49 AB 74 ............................................... 100 AB 88 ................................................. 15 AB 89 ................................................. 85 AB 100 ............................................... 38 AB 118 ............................................... 27 AB 124 ............................................... 78 AB 127 ............................................... 75 AB 128 ............................................... 11 AB 137 ............................................... 15 AB 140 ......................................... 15, 68 AB 141 ............................................... 15 AB 145 ............................................... 16 AB 148 ............................................... 16 AB 149 ....................................... 16, 103
AB 150 ......................................... 18, 92 AB 161 ............................................... 11 AB 164 ............................................... 11 AB 175 ......................................... 18, 69 AB 177 ............................................... 18 AB 215 ............................................... 62 AB 232 ............................................. 104 AB 237 ............................................... 47 AB 242 ............................................. 101 AB 246 ............................................... 36 AB 262 ............................................... 75 AB 286 ............................................... 95 AB 287 ............................................... 79 AB 292 ............................................... 89 AB 296 ............................................... 92 AB 302 ............................................. 104 AB 304 ............................................... 39 AB 306 ............................................... 71 AB 319 ............................................... 43 AB 322 ............................................... 33 AB 323 ............................................... 24 AB 331 ............................................... 79 AB 332 ............................................... 35 AB 333 ............................................... 79 AB 335 ............................................... 53 AB 336 ............................................... 94 AB 345 ............................................... 57 AB 358 ............................................... 87 AB 361 ............................................... 55 AB 362 ............................................... 60 AB 366 ............................................... 25 AB 378 ............................................... 51 AB 381 ............................................... 88 AB 382 ............................................... 26 AB 389 ............................................... 83 AB 398 ............................................. 105 AB 430 ............................................... 79 AB 431 ............................................... 41 AB 447 ............................................... 94 AB 450 ............................................... 83 AB 453 ............................................... 79 AB 464 ............................................... 61 AB 468 ............................................... 24 AB 471 ............................................. 105 AB 473 ............................................... 54 AB 474 ............................................... 54 AB 480 ............................................... 35 AB 481 ............................................... 85 AB 483 ............................................... 85 AB 490 ............................................... 86 AB 491 ............................................... 58 AB 502 ............................................... 44 AB 504 ............................................... 36 AB 506 ............................................... 26 AB 518 ............................................... 79 AB 537 ............................................. 100 340
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Index 128
League of California Cities 2021 Legislative Report
AB 546 ............................................... 60 AB 556 ............................................... 79 AB 571 ............................................... 58 AB 580 ............................................... 27 AB 592 ............................................... 71 AB 600 ............................................... 80 AB 602 ............................................... 72 AB 619 ............................................... 29 AB 624 ............................................... 84 AB 625 ............................................... 75 AB 634 ............................................... 58 AB 636 ............................................... 80 AB 640 ............................................... 84 AB 642 ............................................... 41 AB 644 ............................................... 89 AB 652 ............................................... 35 AB 654 ............................................... 47 AB 663 ............................................... 27 AB 665 ....................................... 24, 100
AB 670 ............................................... 75 AB 673 ............................................... 90 AB 680 ............................................... 30 AB 687 ............................................... 70 AB 689 ............................................... 90 AB 694 ............................................... 53 AB 700 ............................................... 75 AB 707 ............................................... 36 AB 716 ............................................... 75 AB 721 ............................................... 58 AB 726 ............................................. 105 AB 750 ............................................... 80 AB 751 ............................................... 51 AB 758 ............................................... 33 AB 761 ............................................... 54 AB 764 ............................................... 80 AB 773 ............................................. 105 AB 784 ............................................. 105 AB 787 ............................................... 62 AB 794 ............................................... 97 AB 796 ............................................... 44 AB 798 ............................................... 83 AB 803 ............................................... 62 AB 811 ............................................. 106 AB 816 ............................................... 61 AB 818 ............................................... 36 AB 819 ............................................... 30 AB 825 ............................................... 53 AB 829 ............................................... 76 AB 832 ............................................... 67 AB 838 ............................................... 67 AB 843 ............................................... 33 AB 845 ............................................... 47 AB 861 ............................................... 67 AB 869 ............................................... 94 AB 881 ............................................... 36 AB 890 ............................................... 54 AB 898 ............................................... 76 AB 901 ............................................. 106 AB 913 ............................................... 80 AB 917 ............................................. 106 AB 934 ............................................... 82 AB 948 ............................................... 72 AB 955 ............................................. 101 AB 958 ............................................... 86 AB 959 ............................................... 28 AB 962 ............................................... 37 AB 970 ............................................... 97 AB 977 ............................................... 61 AB 978 ............................................... 67 AB 992 ............................................... 97 AB 1003 ............................................. 49 AB 1024 ............................................. 35 AB 1029 ............................................. 62 AB 1033 ............................................. 47 AB 1043 ............................................. 58 AB 1057 ............................................. 82 AB 1058 ............................................. 39 AB 1066 ............................................. 39 AB 1095 ............................................. 59 AB 1104 ............................................. 83 AB 1124 ............................................. 33 AB 1126 ............................................. 90 AB 1138 ............................................. 74 AB 1140 ............................................. 26 AB 1143 ............................................. 76 AB 1157 ........................................... 106 AB 1171 ............................................. 80 AB 1174 ............................................. 63 AB 1177 ............................................. 94 AB 1180 ............................................. 63 AB 1191 ............................................. 82 AB 1200 ............................................. 36 341
Item # C12.
Index 129
League of California Cities 2021 Legislative Report
AB 1201 ............................................. 37 AB 1203 ............................................. 92 AB 1220 ............................................. 61 AB 1222 ............................................. 74 AB 1228 ............................................. 76 AB 1243 ............................................. 76 AB 1247 ............................................. 80 AB 1250 ............................................. 39 AB 1259 ............................................. 76 AB 1261 ............................................. 29 AB 1276 ............................................. 37 AB 1281 ............................................. 77 AB 1291 ............................................. 55 AB 1297 ............................................. 57 AB 1304 ............................................. 63 AB 1305 ............................................. 74 AB 1311 ............................................. 37 AB 1318 ............................................. 81 AB 1337 ........................................... 107 AB 1344 ............................................. 30 AB 1346 ............................................. 29 AB 1347 ............................................. 77 AB 1363 ............................................. 26 AB 1367 ............................................. 43 AB 1391 ............................................. 53 AB 1398 ............................................. 63 AB 1402 ............................................. 95 AB 1428 ............................................. 39 AB 1443 ............................................. 87 AB 1452 ............................................. 77 AB 1455 ............................................. 86 AB 1466 ............................................. 72 AB 1475 ............................................. 86 AB 1480 ....................................... 51, 86
AB 1495 ............................................. 45 AB 1499 ............................................. 99 AB 1535 ............................................. 25 AB 1540 ............................................. 77 AB 1574 ............................................. 57 AB 1583 ............................................. 93 AB 1584 ............................................. 72 AB 1590 ............................................. 43 AB 1591 ............................................. 45 AB 1593 ............................................. 90 SB 1 ................................................... 31 SB 2 ................................................... 86 SB 4 ................................................. 101 SB 7 ............................................. 30, 57 SB 8 ................................................... 64 SB 9 ................................................... 64 SB 10 ................................................. 64 SB 16 ................................................. 87 SB 24 ................................................. 77 SB 28 ............................................... 101 SB 29 ................................................. 45 SB 35 ................................................. 46 SB 44 ................................................. 30 SB 51 ................................................. 65 SB 52 ................................................. 32 SB 60 ................................................. 96 SB 63 ................................................. 41 SB 68 ................................................. 97 SB 69 ............................................... 107 SB 71 ................................................. 81 SB 73 ................................................. 81 SB 79 ................................................. 99 SB 81 ................................................. 81 SB 85 ................................................. 18 SB 87 ................................................. 19 SB 88 ................................................. 19 SB 91 ........................................... 19, 69 SB 92 ................................................. 20 SB 93 ................................................. 20 SB 94 ................................................. 20 SB 95 ................................................. 48 SB 98 ................................................. 88 SB 109 ............................................... 32 SB 129 ......................................... 11, 68 SB 139 ............................................... 20 SB 147 ............................................... 20 SB 151 ......................................... 20, 69 SB 152 ............................................... 21 SB 155 ......................................... 21, 41 SB 156 ....................................... 22, 101
SB 158 ............................................... 22 SB 160 ............................................... 22 SB 162 ......................................... 22, 70 SB 169 ............................................... 23 SB 170 ......................................... 14, 37 SB 206 ......................................... 49, 84 SB 214 ............................................... 97 SB 215 ............................................... 90 342
Item # C12.
Index 130
League of California Cities 2021 Legislative Report
SB 219 ............................................... 93 SB 248 ............................................... 78 SB 255 ............................................... 48 SB 264 ............................................... 82 SB 267 ......................................... 34, 93 SB 270 ............................................... 49 SB 273 ............................................... 39 SB 274 ............................................... 55 SB 278 ............................................... 54 SB 280 ............................................... 48 SB 287 ............................................. 107 SB 290 ............................................... 59 SB 294 ............................................... 55 SB 296 ............................................... 88 SB 297 ............................................. 107 SB 303 ............................................... 93 SB 311 ............................................... 74 SB 314 ............................................... 88 SB 317 ............................................... 78 SB 319 ............................................... 65 SB 320 ............................................... 83 SB 323 ............................................... 40 SB 330 ............................................... 70 SB 331 ............................................... 49 SB 332 ............................................... 84 SB 333 ............................................. 108 SB 336 ............................................... 52 SB 339 ............................................. 108 SB 341 ....................................... 32, 102
SB 343 ............................................... 38 SB 354 ............................................... 78 SB 366 ............................................. 108 SB 372 ............................................... 98 SB 378 ............................................. 102 SB 381 ............................................... 71 SB 383 ............................................... 84 SB 389 ............................................... 89 SB 394 ............................................. 102 SB 400 ......................................... 26, 61 SB 403 ............................................... 40 SB 411 ............................................... 55 SB 416 ............................................... 89 SB 427 ............................................... 81 SB 433 ............................................... 32 SB 437 ............................................... 34 SB 446 ............................................... 78 SB 447 ............................................... 52 SB 456 ............................................... 42 SB 461 ............................................... 52 SB 465 ............................................... 27 SB 478 ............................................... 65 SB 479 ............................................... 34 SB 483 ............................................... 78 SB 500 ............................................... 98 SB 501 ............................................... 52 SB 503 ............................................... 46 SB 533 ............................................... 42 SB 538 ............................................... 83 SB 539 ............................................... 93 SB 544 ............................................... 74 SB 548 ............................................. 108 SB 552 ............................................... 40 SB 567 ............................................... 81 SB 570 ............................................... 98 SB 572 ............................................... 50 SB 574 ............................................... 65 SB 578 ............................................... 87 SB 586 ............................................... 87 SB 589 ......................................... 29, 98 SB 590 ............................................... 46 SB 591 ............................................... 59 SB 594 ............................................... 46 SB 606 ............................................... 50 SB 619 ............................................... 38 SB 628 ............................................... 25 SB 629 ............................................. 109 SB 631 ............................................... 91 SB 634 ............................................... 50 SB 639 ............................................... 50 SB 640 ............................................. 109 SB 643 ............................................... 98 SB 646 ............................................... 50 SB 650 ............................................... 24 SB 657 ............................................... 51 SB 667 ............................................... 93 SB 671 ............................................... 99 SB 686 ............................................... 43 SB 708 ............................................... 40 SB 712 ............................................... 66 SB 715 ............................................... 87 SB 718 ............................................... 49 SB 727 ............................................... 51 343
Item # C12.
Index 131
League of California Cities 2021 Legislative Report
SB 728 ............................................... 59 SB 734 ............................................... 94 SB 756 ............................................... 34 SB 757 ............................................... 35 SB 775 ............................................... 81 SB 776 ............................................... 40 SB 779 ............................................... 71 SB 780 ......................................... 73, 94 SB 791 ............................................... 66 SB 807 ......................................... 52, 73 SB 810 ............................................... 95 SB 811 ............................................... 95 SB 812 ............................................... 95 SB 813 ............................................... 96 SB 814 ............................................. 109 SB 816 ............................................... 82 SB 824 ............................................... 96 SB 825 ............................................... 96 SB 828 ............................................... 66
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Item # C12.
CITY OF MILPITAS
AGENDA REPORT
(AR)
Item Title: Consider the Recommendation from Mayor Tran for the Appointment to a City Commission (Contact: Mayor Tran, 408- 586-3029)
Category: Consent Calendar-Leadership and Support Services Meeting Date: 4/5/2022
Recommendation: Receive Mayor Tran’s recommendation and approve the appointment to the Energy and Environmental Sustainability Commission for a non-voting student member.
Background:
The City of Milpitas has 13 Commissions (including Measure F Oversight Committee), with the members appointed by the Mayor and confirmed by the City Council, that advise the Milpitas elected officials on a variety of community interest and policy areas. Mayor Tran is making the following recommendation.
Energy and Environmental Sustainability Commission
1. Appoint Tara Tony to serve as a non-voting student member.
Analysis:
Any resident interested in serving on a City Commission must complete a Commission Application and submit the form to the City Clerk. Copies of the applications are provided to the Mayor for his consideration. Per Government Code 40605, in a general law city where the office of Mayor is an elective office, the Mayor with the approval of the City Council, shall make all appointments to boards, commissions, and committees unless otherwise specifically provided by statute.
The recommended Commissioner appointment has been reviewed and confirmed by the City Clerk’s office.
Fiscal Impact:
There is no fiscal impact associated with this item.
Recommendation:
Receive Mayor Tran’s recommendation and approve the appointment to the Energy and Environmental Sustainability Commission for a non-voting student member.
Attachments:
1. Application
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Item # C13.
346
Item # C13.
CITY OF MILPITAS
AGENDA REPORT
(AR)
Item Title: Conduct a Public Hearing to Discuss the FY2022-25 Consolidated Plan Goals and Funding Allocations for FY2022-23 Community Development Block Grant and Corresponding Annual Action Plan (Staff Contact: Sharon Goei, Building Safety and Housing Director, 408-586-3260)
Category: Public Hearings-Community Development
Meeting Date: 4/5/2022
Recommendations: (1) Open the public hearing, hear testimony, then move to close the public hearing; and (2) Provide direction on the FY2022-25 Consolidated Plan goals and funding allocations for FY2022-23 Community Development Block Grant and corresponding Annual Action Plan.
Background:
The U.S. Department of Housing and Urban Development (HUD) provides annual grants through the Community Development Block Grant (CDBG) program to local entitlement cities and counties. The CDBG program provides resources to the most vulnerable low- and moderate-income communities to address a wide range of community development needs through investment in capital projects and public services. The amount of funds that Milpitas receives is determined by a formula based on population and other factors.
Eligible and Ineligible Uses
HUD sets restrictions on how CDBG can be used. CDBG activities must be on HUD’s list of eligible uses. A summary of eligible and ineligible activities is included as Attachment 1.
Meeting National Objectives
In addition, CDBG activities must meet one of the following National Objectives:
1. Provides a benefit to low- and moderate-income persons;
2. Eliminates or prevents slum or blight; or
3. Meets other community development needs having an urgency because existing conditions pose a serious and immediate threat to the health or welfare of the community and other financial resources are not available to meet such needs, often referred to as “urgent need.”
The City of Milpitas has historically used its CDBG allocation to benefit low- and moderate-income persons. To meet the slum or blight National Objective, the City would have to identify areas of the City that meet the definition of a slum, blighted, deteriorated or deteriorating area under state or local law. Milpitas has not identified significantly blighted conditions within its boundaries. As such, CDBG formula, and prior year formula funds must be used to benefit low- and moderate-income persons.
CARES Act Flexibility
HUD sets caps on the proportion of annual formula CDBG funds that can be spent on different types of activities. Capital projects are capped at 65%, public services at 15%, and administration at 20%. The CARES Act has modified the caps on funds to allow for greater flexibility in responding to the COVID-19 pandemic.
Specifically, there is no Public Service cap for COVID-19 related activities.
This means the City Council could allocate more of its formula funding, which would typically be reserved for capital improvement projects, to COVID-19 related activities within the fiscal year. This funding flexibility only applies if the allocations are used for COVID-19 related activities. If funds are allocated to a non-COVID-19 347
Item # 14.
related activity, those funds must conform to the standard CDBG caps of 15% for public services and 65% for capital projects.
As of this agenda report, HUD has not given the City clear guidance as to whether the COVID-19 related flexibilities in allowable activities and how those activities can be funded will continue for FY2022-23.
In accordance with the federal regulations listed at 24 CFR, Part 91, the City of Milpitas is required to prepare and submit its Consolidated Action Plan (Con Plan) for its Housing and Community Development Entitlement Program. The Con Plan outlines the City’s housing and non-housing community development needs and priorities. Included in the Con Plan is the FY2022-23 Annual Action Plan (AAP) which outlines how the City intends to use the HUD funds for the 2022-23 fiscal year. The City estimates it will receive $1,800,000 in Community Development Block Grant (CDBG) funds over the next three years. For FY2022-23, the City expects to have approximately $600,000 in CDBG funds available. As of this agenda report, HUD has yet to publish the FY2022-23 allocation amounts. It is expected that the allocations amounts will be released by the May 3, 2022 public hearing.
On June 30, 2020, the City Council approved a substantial amendment to the FY2017-22 Consolidated Plan to allow the City to allocate the CARES Act funding the City received in March 2020. See agenda report here.
During that discussion, the City Council authorized the modification of CDBG goals to more closely align with the stated Council goals for CDBG funding. These additions further specified the public service goals the Council wanted prioritized.
Analysis:
Consolidated Plan
The Consolidated Plan is a three to five-year document that demonstrates a jurisdiction’s plan to allocate CDBG funding to benefit low- and moderate-income individuals over that period of time. Each year, the City submits an Annual Action Plan to HUD which represents the City’s one-year plan of action within the three to five-year Consolidated Plan. As a part of the proposed FY2022-25 Consolidated Plan is the FY2022-23 Annual Action Plan. This Consolidated Plan will be a three-year Consolidated Plan to align our timelines with the rest of the County.
The Consolidated Plan requires maximum citizen participation through public outreach meetings, community engagement, and surveys. The Consolidated Plan process serves as the framework for a community-wide dialogue to identify housing and community development priority needs. The Consolidated Plan requires a summary of citizen participation, housing and non-housing community development needs assessment. The Consolidated Plan outlines the community’s priority needs, goals that address the priority needs, and strategies for CDBG funding and activity allocations that best meet those community needs and serve the City’s low- and moderate-income residents.
Community Outreach
The proposed FY2022-25 Consolidated Plan was prepared through extensive outreach, research, as well as community and Council engagement. City staff conducted a survey and held two public meetings, in December and March, as part of the Community Advisory Commission meetings. Two public hearings are planned for the April 5 and May 3, 2022 City Council meetings to gather Council feedback on the priorities and goals, as well as any further public comment and input on the Con Plan.
On October 21, 2021, City staff launched a CDBG Consolidated Plan survey to identify community goals and priorities for the City’s CDBG allocation over the next three years. The survey was distributed to the community via social media, direct email, and the City’s website. The online survey was available for approximately 5 weeks (from October 21 – November 28, 2021) and had 32 responses.
Below is a brief overview of the goal of the Consolidated Plan survey followed by some key takeaways from the community’s response. The CDBG Consolidated Plan Survey results are available as Attachment 2.
348
Item # 14.
Survey Questions included the following:
What are the City’s top priorities over the next 3 years? What do you feel are the most common or pressing housing or community development problems in the City?
What are the ways to overcome these problems?
How should the City spend their annual CDBG allocations?
Key takeaways from the community’s response:
72% of respondents want to see improvements to current City facilities 50% of respondents want the City to create additional affordable housing 56% of respondents want improvements to the current non-profit community services 66% of respondents want improved housing for special needs populations 59% of respondents would like the City to assist with job training for the homeless 63% of respondents want additional public services for people who are disabled 53% of respondents want increased funding for homeless, childcare, and mental health facilities 50% of respondents want a drop-in center for the homeless
Community Advisory Commission (CAC) Feedback
Feedback on the Consolidated Plan was solicited from the Community Advisory Commission. On December 1, 2021, staff held a public meeting to solicit community and CAC feedback on their desired Consolidated Plan goals. Nonprofit agencies that provide housing, health services, and social services provided comments to the CAC and the CAC agreed with the goals of these services. The CAC also received a staff presentation on the results of the CDBG Consolidated Plan survey, which guided their discussion.
The FY2022-25 Consolidated Plan Priority Needs and Goals Summary below reflect the Council priorities and goals that were approved during the June 30, 2020 City Council meeting. They also align with the priorities and goals expressed by the community and CAC. The full FY2022-25 draft Consolidated Plan is available for review as Attachment 3.
349
Item # 14.
Priority Needs
The table below represents the high-level priority needs the community has identified. The priorities listed below reflect the same Council priorities that were approved during the June 30, 2020 City Council meeting as noted above.
Priority Need Priority
Level Description Population or
Geographic Area Goal Basis for Relative
Priority
Affordable
Housing
Development
and Preservation
High Develop and
preserve
affordable housing
and owner
housing which
includes
rehabilitation and
new construction.
Targeted towards
low to moderate
income persons.
No geographic
areas targeted.
New Affordable
Housing
Maintain and
Preserve Existing
Housing
Affordable
Housing Rental
Rehabilitation
Feedback from
Consolidated Plan
Community survey and
stakeholder meetings.
Community
Services
High Greater provision
of community
services for those
who are homeless
or who have
urgent housing
instability.
Extremely low, very
low, low- and
moderate-income
individuals,
veterans,
emancipated youth.
No geographic
areas targeted.
Community
Funding/Public
Services
Feedback from
Consolidated Plan
Community survey and
stakeholder meetings.
Community
Services
High Greater provision
of community
social services for
low- and
moderate-income
families with
children, youth
and emancipated
youth
Low- and moderate-
income families with
children, youth,
emancipated youth,
and victims of
domestic violence,
No geographic
areas targeted.
Public Services
for Children and
Youth
Feedback from
Consolidated Plan
Community survey and
stakeholder meetings.
Community
Services
High Greater provision
of community
services for
seniors
Low- and moderate-
income seniors.
No geographic
areas targeted.
Public Services
for Seniors
Feedback from
Consolidated Plan
Community survey and
stakeholder meetings.
Community
Services
High Greater provision
of community
services including
fair housing,
landlord/tenant
mediation, and
legal services
Low- and moderate-
income renters and
landlords.
No geographic
areas targeted.
Community
Funding/Public
Services
Fair Housing
Feedback from
Consolidated Plan
Community survey and
stakeholder meetings.
Community,
Public, and
Neighborhood
Sustainability
Low Preservation,
revitalizing, and
maintenance of
neighborhoods.
All geographic
areas are targeted.
Public
Improvements
Feedback from
Consolidated Plan
Community survey and
stakeholder meetings.
Economic
Development
High Create and retain
jobs and
encourage
businesses etc. to
provide
educational and
job readiness.
People of low to
moderate income,
microenterprises
and small
businesses
Community
Funding/Public
Services
Feedback from
Consolidated Plan
Community survey and
stakeholder meetings.
Goals Summary
These CDBG goals are a reflection of how the Council should allocate its yearly CDBG allocation. Based on Council feedback, staff will guide the Council in allocating funding towards activities that best achieve the desired Consolidated Plan goals. As discussed in the background section, these goals were approved as part of a substantial amendment to the FY2017-22 Consolidated Plan at the June 30, 2020 City Council meeting. 350
Item # 14.
The goals listed below reflect the same goals. The funding amount and outcome indicators will be determined based on the Council’s discussion.
Goal Start
Year
End
Year Category Geographic
Area Needs Addressed Funding
Goal
Outcome
Indicator
Maintain and
Preserve Existing
Housing
2022 2025
Affordable Housing
Citywide
Affordable Housing
Development and
Preservation
TBD based
on Council
priority
TBD based
on Council
priority Non-Homeless
Special Needs
New Affordable
Housing 2022 2025 Affordable Housing Citywide
Affordable Housing
Development and
Preservation
” ”
Affordable
Housing Rental
Rehabilitation
2022 2025
Non-Housing
Community
Development
Citywide
Affordable Housing
Development and
Preservation
” ”
Community
Funding/Public
Services
2022 2025
Homeless
Citywide Community Services ” ” Non-Homeless
Special Needs
Public services
for low- and
moderate-income
residents at risk
of eviction
2022 2025
Homeless
Citywide Community Services ” ”
Non-Homeless
Special Needs
Fair Housing 2022 2025
Affordable Housing
Citywide Community Services ” ” Non-Homeless
Special Needs
Public Services
for Children and
Youth
2022 2025
Non-Homeless
Special Needs
Citywide Community Services ” ” Non-Housing
Community
Development
Public Services
for Seniors 2022 2025
Non-Homeless
Special Needs
Citywide Community Services ” ” Non-Housing
Community
Development
Public Services
for Domestic
Violence support
2022 2025 Non-Homeless
Special Needs Citywide Community Services ” ”
Public
Improvements
including
accessibility and
improving public
facilities
2022 2025
Non-Housing
Community
Development
Citywide
Community, Public, and
Neighborhood
Sustainability
” ”
Assist
Microenterprises
and Small
Businesses
2022 2025
Non-Housing
Community
Development
Citywide
Economic Development ” ”
Explore the use
of HUD Section
108 Loan
Guarantee
Program
2022 2025 Affordable Housing Citywide Community Services ” ”
351
Item # 14.
Public Services
- Supporting individuals with developmental
disabilities
- Supporting tenants and residents facing eviction
- Technology services for seniors
- Mental health supportive services
- Addressing food insecurity for most vulnerable
residents
- Domestic violence prevention
Capital Improvements
- Helping to improve community facilities
through capital improvements
- Capital improvements for low income,
affordable housing developments
- Provide more rental rehabilitation options
Housing Issues
- Assisting individuals experiencing
homelessness and low-income seniors
through affordable housing opportunities
- Providing more mobile services for the
unhoused
- Provide shelters for the unhoused
Economic Development
- Support more economic development
activities
- Support those who have lost employment
and are having trouble making ends meet
CAC Commissioner
Feedback
FY2022-23 Annual Action Plan
On December 24, 2021, the City announced that the application period for FY2022-23 CDBG applications would be open from January 3, 2022 through February 18, 2022. Throughout January and February, Staff conducted outreach to community organizations leading up to the application deadline. Staff also designed a simplified application to streamline and increase efficiency of the process. Twenty-three (23) simplified applications were received during the application period and one application was later withdrawn. The result was twenty-two (22) applications with requests totaling over $1,500,000. A full breakdown of these simplified applications is provided below.
As noted above, included in the submission of the proposed FY2022-25 Consolidated Plan will be the FY2022- 23 Annual Action Plan. The Action Plan is the City’s plan to accomplish the first year of goals and priorities laid out by the Consolidated Plan. The full FY2022-23 draft Annual Action Plan is available as Attachment 4.
Community Advisory Commission (CAC) Feedback
On March 2, 2022, staff held a public meeting to solicit community and CAC feedback on the proposed FY2022-2023 Annual Action Plan as well as the applicants applying for CDBG funding. Commissioners heard comments from the prospective FY2022-23 CDBG applicants. A total of 19 comments were provided, with at least one commenter from each applicant organization describing their proposed project and how it will benefit the residents of Milpitas.
Commissioners then provided verbal feedback on what priorities/areas they believe the City Council should focus on funding with the FY2022-2023 Annual Action Plan. A few Commissioners’ priorities were captured solely through the CDBG Community Needs Survey. Public services, capital improvements, housing needs, and COVID-19 response were among the top priorities of the Commissioners. A broader summary of the Commissioners’ priorities is provided below:
352
Item # 14.
Available Funds
As mentioned above, the City has yet to receive its FY2022-23 formula allocation from HUD. It is not anticipated at this time that any additional COVID-19 related funding will be allocated. As of the preparation of this report in March, staff is operating under the assumption that approximately $600,000 in formula funding will be available for allocation.
See the table below for a breakdown of the available funding, the action required to receive these allocations per HUD guidance, and the approximate time it will take to receive the funding.
Funding Amount Funding Year Action Required Eligible Use Approximate Time to
Receive
Funding
$600,000.00* FY2022-23 Formula Funds Prepare New FY2022- 23 Annual Action Plan
Awaiting HUD
guidance
Late 2022
$85,839.74 FY2020-21 Unused Funds Allocated Through
FY2022-23 Annual
Action Plan
Awaiting HUD
guidance
Late 2022
$685,839.74 Total
*Staff’s estimate based on prior year allocations. Final allocation will be determined when HUD releases the FY2022-23 allocations.
An estimated $85,839.74 in FY2020-21 unused funding is available to be reallocated. Staff is in the process of meeting with the City’s new HUD representative to determine the eligible uses for these funds.
Based on the approximate allocation of $600,000, the maximum funding allowed in each category would be as follows:
Approximate Allocation Public Services (15%) Capital Projects (65%) Program Administration (20%) $600,000.00 $90,000.00 $390,000.00 $120,000.00
It should be noted here that the City has not received clear direction from HUD as to whether COVID-19 related activities would be given the same flexibility as in the prior two fiscal years. During this time, as long as an activity was used to prepare, respond to, or prevent Coronavirus, it would not be counted towards any of the program caps. Economic development activities do not apply to any of the program caps listed above.
As noted above, twenty-three (23) simplified applications were received during the application period and one application was later withdrawn. A total of 22 applications from 19 applicants are being considered for FY2022- 23 CDBG funding. Two (2) of the applicants are new organizations that have not been funded by the City in recent years. The combined total of all requests is $1,583,167.75, with the breakdown of the applications as follows:
Public Service Requests = $796,415.00
Capital Improvement Requests = $710,462.75
Economic Development Requests = $20,000.00
Program Administration Request = $56,290.00
353
Item # 14.
The City received requests for funding that exceed the anticipated available amount it has to allocate.
Approximate
Total Allocation Public Services Capital Projects Program Administration CDBG Funds
Available $600,000.00 $90,000.00 $390,000.00 $120,000.00 Total Application
Requests* $1,583,167.75 $796,415.00 $710,462.75 $56,290.00 Requests for
Programs and
Services not
funded by ARPA
$1,190,047.75 $423,295.00 $710,462.75 $56,290.00
*Economic development activity does not apply to any of the program caps.
As can be seen from the CDBG funds available versus the total application requests above, there are more applicant requests for funding than there is funding available. It is likely that some of the applicants will not receive an allocation in the amount they have requested, or any funding at all. As noted above, HUD has not given the City clear guidance on the funding caps for activity categories or whether they allow COVID-19 related flexibilities. Staff is awaiting HUD guidance on both the formula funding and prior-year unused funding as the prior year flexibilities may apply here.
Since 2021, the City Council has held a series of discussions on allocating the American Rescue Plan Act (ARPA) funding to help a broader sector of the Milpitas community. Rent relief, small business assistance, domestic violence, at-risk youth, and mental health have been allocated ARPA funding. CDBG applicants have also requested funding in these areas.
Since these areas have already been funded by ARPA, Council may wish to consider not funding these same areas further with CDBG. This would allow the Council to allocate the CDBG funding across the remaining applications and service areas. Assuming the areas funded by ARPA do not receive CDBG consideration, this makes the remaining applications total $1,190,047.75 in CDBG requests. This still exceeds the anticipated funding amount available but reduces the requests by $393,120.00.
Applications
A full list of the applicants, their proposed activity, and the requested amount is displayed below. The column to the right of CDBG fund request is to note where the City Council may have already funded the high-level service area, such as funding for at-risk youth, mental health, domestic violence, rent and mortgage relief, and economic development. Is it important to note that the ARPA funds have not been allocated to these exact grantees, but ARPA funds have been allocated to the service areas.
354
Item # 14.
Public Service
Organization Name Project Description CDBG Fund
Request
Area Funded
by ARPA or
Other
Sources
Catholic Charities of
Santa Clara County
The mission of the Long-Term Care Ombudsman
Program is to seek resolution of problems and
advocate for the rights and well-being of residents
of long-term care facilities.
$20,500.00
Child Advocates of
Silicon Valley
Child Advocates’ mission is to be there for every
foster child in Santa Clara County who has
experienced abuse, neglect and/or abandonment.
We accomplish this by operating the Court
Appointed Special Advocates (CASA) program in
Santa Clara County. CASAs are trained
community volunteers who are appointed by a
judge’s order to advocate for the best interests of
foster children.
$14,000.00
$90,000 for
at-risk youth
funded by
ARPA
City of Milpitas
(Senior Nutrition
Program)
Request for funding to support excess senior
meals to Milpitas seniors (over the budgeted 77
average per day) as a result of the increased food
security need related to the pandemic.
$61,900.00
City of Milpitas
(Technology for
Seniors Program)
The Technology for Seniors program will target
seniors age 62+ who are needing continued
support and education on technology such as
Chromebooks, as a means to counter social
isolation, and as a result, stay better "connected"
to family, friends and Milpitas community-based
activities, services and resources.
$10,000.00
Hope for the
Unhoused
The first program, Emergency Shelter Fund, would
provide up to 100 nights for unhoused in critical
need. The second program, our Clean-Up Fund,
would provide for the costs associated with
helping encampments cleanup their areas, by
providing vehicles to transport garbage to the
dump.
$15,000.00
Lighthouse of Hope
Counseling Center
Lighthouse of Hope provides counseling,
psychological support, and education to the entire
community: families, homeless, adolescent
fathers, and high school students onsite in their
schools.
$5,000.00
$30,000 for
mental health
funded by
ARPA
M.A.C.A
To foster and promote substance abuse
prevention education to first, second, and third
graders in the Milpitas Unified School District or
Children Developmental Centers.
$50,000.00
Next Door Solutions
to Domestic Violence
58 victims of domestic violence (including
children) will receive comprehensive, survivor-
defined services from one or more programs
$28,120.00
$90,000 for
domestic
violence
funded by
ARPA
PRAGNYA
The Pragnya Enrichment program caters to
children, youth and adults with developmental and
intellectual disabilities (ID/DD).
$50,000.00
355
Item # 14.
Organization Name Project Description CDBG Fund
Request
Area Funded
by ARPA or
Other
Sources
Senior Adults Legal
Assistance (SALA)
SALA will continue our program of accessible and
affordable (free) Legal Services, serving 20
Milpitas residents 62 or older primarily by phone
during COVID-19.
$12,600.00
Silicon Valley
Independent Living
Center
SVILC has partnered with the City of Milpitas to
provide Rent Relief for residents who are
struggling to locate and secure affordable,
accessible housing, or to retain the housing they
currently have.
$300,000.00
$1.1M for
rent relief and
mortgage
relief funded
by ARPA
Public Service
Silicon Valley
Independent Living
Center
The Housing & Support Services for Persons with
Disabilities & Older Adults program is the most
utilized service with over 75% of consumers
requesting and receiving housing assistance, rent
relief, and/or other emergency services.
$18,295.00
Sourcewise
The Sourcewise Meals on Wheels program
provides vulnerable seniors age 60 and older who
are homebound or have been impacted by the
pandemic, nutritious home-delivered meals.
$39,000.00
Terrace Gardens
Senior Housing
Due to COVID-19, Terrace Gardens Senior
Housing has had to close our Resident Dining
Room and shift to “Delivery Only” for our Resident
Food Program.
$42,000.00
The Health Trust
Meals on Wheels helps medically vulnerable
neighbors access nutritious food, maintain health
and independence in their own homes, and
reduce social isolation, all important priorities
particularly during a pandemic.
$60,000.00
YWCA Golden Gate
Silicon Valley
YWCA Golden Gate Silicon Valley is proud to
provide residents of the City of Milpitas with
essential domestic violence services.
$26,000.00
$90,000 for
domestic
violence
funded by
ARPA
YWCA Golden Gate
Silicon Valley
YWCA GGSV’s School-Based Prevention team
will ensure that students in the Milpitas Unified
School District (MUSD) receive primary intimate
partner violence, sexual assault prevention
education, and safe bystander intervention
strategies.
$44,000.00
SubTotal $796,415.00
356
Item # 14.
Capital Projects
Organization Name Project Description CDBG Fund
Request
Area Funded
by ARPA or
Other
Sources
LifeMoves Funding will be used to make improvements to the Julian Street Inn. $400,000.00
Rebuilding Together
Silicon Valley
Rebuilding Together Silicon Valley’s mission is
repairing homes, revitalizing communities,
rebuilding lives, and our vision is safe homes and
communities for every person. We preserve
affordable housing by providing critical home
repairs and accessibility modifications for low-
income residents, at no cost to the recipient.
$280,462.75
Terrace Gardens
Senior Housing
The existing wood trellis located in the community
courtyard is an original fixture to our property built
in 1989. Throughout the 33 years that Terrace
Gardens has been in operation, the trellis has
naturally had its fair share of 'wear and tear' and is
in need of repair or replacement in order to remain
structurally sound.
$30,000.00
SubTotal $710,462.75
Organization Name Project Description CDBG Fund
Request
Area Funded
by ARPA or
Other
Sources
Economic
Development
Filipino American
Chamber of
Commerce Silicon
Valley
Extend the marketing project they are currently
doing for small businesses by helping them pivot
businesses from just brick and mortar to creating
a more robust online presence.
$20,000.00
$1,500,000 for
small business
assistance
funded by
ARPA
Program
Administration
Project Sentinel
Milpitas residents and those seeking to reside in
Milpitas will have their civil rights protected with
fair housing education, counseling, investigation,
and enforcement actions.
$56,290.00
Total of all applications $1,583,167.75
357
Item # 14.
Other Considerations
Staff has identified the following potential considerations for Council to assist in allocating funding to applications.
Applicant Grant Experience
There are two new applicants to the City of Milpitas: M.A.C.A. and Hope for the Unhoused. Given the administrative burden on the applicant to meet HUD’s stringent reporting requirements, the City’s HUD representative suggested taking an applicant’s experience into consideration when determining how much of an allocation to grant new applicants.
Applicant Activity Eligibility
All of the proposed activities in the applications are eligible activities and meet a national objective. However, in order to be eligible, an applicant must demonstrate that they have the systems in place to capture the HUD required data to prove their activity meets a national objective.
At the April public hearing, staff is seeking Council direction on the FY2022-25 Consolidated Plan goals listed in the Goals Summary above, and funding allocation focus for FY2022-23 CDBG and the corresponding Annual Action Plan. After receiving Council direction and HUD allocation and guidance, staff will prepare the FY2022-25 Consolidated Plan and FY2022-23 Annual Action Plan for Council approval in May.
Fiscal Impact:
At this time, there is no fiscal impact associated with this item to conduct a public hearing to discuss and provide input.
California Environmental Quality Act:
The actions being considered have no potential for causing a significant effect on the environment and are exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3). Further, this action does not meet the definition of a project under CEQA Guideline 15378 as it is a government fiscal activity which does not commit to any project that would result in a potentially significant impact on the environment.
Recommendations:
1. Open the public hearing, hear testimony, then move to close the public hearing.
2. Provide direction on the FY2022-25 Consolidated Plan goals and funding allocations for FY2022-23 Community Development Block Grant and corresponding Annual Action Plan.
Attachments:
1. Eligible and Ineligible CDBG Activities
2. Consolidated Plan Survey Results
3. FY2022-25 draft Consolidated Plan
4. FY2022-23 draft Annual Action Plan
358
Item # 14.
Eligible and Ineligible CDBG Activities
Eligible CDBG Activities
1. Acquisition of Real Property
2. Disposition
3. Public Facilities and Improvements
4. Clearance and Remediation
5. Public Services
6. Interim Assistance
7. Relocation
8. Loss of Rental Income
9. Housing Services
10. Privately-Owned Utilities
11. Rehabilitation and preservation
12. Construction of Housing
13. Code Enforcement
14. Special Economic Development Activities
15. Microenterprise Assistance
16. Special Activities by Community-Based Development Organizations
17. Homeownership Assistance
18. Planning and Capacity Building
19. Program Administration Costs
20. Miscellaneous Other Activities
Ineligible CDBG Activities
1. Buildings or portions thereof, used for the general conduct of government may not be assisted with CDBG funds. This does not include, however, the removal of architectural barriers involving any such building, which may be assisted under the category of Public Facilities and Improvements.
2. General government expenses. Expenses required to carry out the regular responsibilities of the unit of general local government are not eligible for assistance under this part.
3. Political activities. CDBG funds may not be used to finance the use of facilities or equipment for political purposes or to engage in other partisan political activities, such as candidate forums, voter transportation, or voter registration.
4. Purchase of equipment. The purchase of equipment with CDBG funds is generally ineligible – construction equipment, fire protection equipment, furnishings and personal property.
5. Operating and maintenance expenses. The general rule is that any expense associated with repairing, operating, or maintaining public facilities, improvements, and services is ineligible.
6. New housing construction.
7. Income payments. The general rule is that CDBG funds may not be used for income payments.
Adapted from HUD booklet, Community Development Block Grant Program; A guide to National Objectives & Eligible Activities for Entitlement Communities.
359
Item # 14.
1 | www.opentownhall.com/11247 Created with OpenGov | December 1, 2021, 11:55 AM 2022-2025 Community Development
Block Grant
December 1, 2021, 11:55 AM
Contents
i. Summary of responses 2
Topic Registration Type: No registration
360
Item # 14.
Summary Of Responses
Topic Registration Type: No registration
As of December 1, 2021, 11:55 AM, this forum had: Topic Start Attendees: 46 October 19, 2021, 9:08 AM
Responses: 32
Hours of Public Comment: 1.6
QUESTION 1
How important are these Overall Services (1=not important, 2=somewhat important, 3=very important, 4=don't know)?
Improve city facilities that provide public services (such as parks, recreation or senior centers, parking facilities, and street improvements)
% Count
1 3.1% 1
2 18.8% 6
3 71.9% 23
4 6.3% 2
Create additional affordable housing available to low‐income residents % Count
1 25.0% 8
2 21.9% 7
3 50.0% 16
4 3.1% 1
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What are the most important priorities when allocating funding from the 2022-2025 Community Development Block Grant?361
Item # 14.
Improve non‐profit community services (such as senior, youth, health, homeless, and fair housing services) % Count
1 12.5% 4
2 25.0% 8
3 56.3% 18
4 6.3% 2
Create more jobs available to low‐income residents
% Count
1 15.6% 5
2 31.3% 10
3 53.1% 17
QUESTION 2
How important are these Housing Services (1=not important, 2=somewhat important, 3=very important, 4=don't know)?
Owner‐occupied housing rehabilitation
% Count
1 28.1% 9
2 37.5% 12
3 15.6% 5
4 18.8% 6
Down payment assistance to purchase a home
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Item # 14.
% Count
1 34.4% 11
2 43.8% 14
3 18.8% 6
4 3.1% 1
Increase affordable rental housing inventory
% Count
1 25.0% 8
2 25.0% 8
3 46.9% 15
4 3.1% 1
Rental assistance (tenant‐based rental assistance) for people who are homeless % Count
1 28.1% 9
2 28.1% 9
3 40.6% 13
4 3.1% 1
Affordable housing located near transit
% Count
1 28.1% 9
2 25.0% 8
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Item # 14.
% Count
3 43.8% 14
4 3.1% 1
Code enforcement, in coordination with a neighborhood plan % Count
1 25.0% 8
2 34.4% 11
3 34.4% 11
4 6.3% 2
Emergency home improvement / repair
% Count
1 28.1% 9
2 37.5% 12
3 25.0% 8
4 9.4% 3
Rental housing rehabilitation
% Count
1 34.4% 11
2 34.4% 11
3 21.9% 7
4 9.4% 3
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Item # 14.
Permanent supportive rental housing (housing with case management and supportive services) for people who are homeless
% Count
1 25.0% 8
2 25.0% 8
3 43.8% 14
4 6.3% 2
Housing accessibility improvements
% Count
1 25.0% 8
2 37.5% 12
3 28.1% 9
4 9.4% 3
Energy efficiency and sustainability improvements
% Count
1 12.5% 4
2 34.4% 11
3 53.1% 17
Healthy homes (free of mold, lead, etc.)
% Count
1 15.6% 5
2 31.3% 10
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Item # 14.
% Count
3 50.0% 16
4 3.1% 1
Housing for other special needs (such as seniors and persons with disabilities) % Count
1 12.5% 4
2 15.6% 5
3 65.6% 21
4 6.3% 2
QUESTION 3
How important are these Economic Development: Job Creation in Low-Income Neighborhoods Services (1=not important, 2=somewhat important, 3=very important, 4=don't know)? Financial assistance for low‐income residents for business expansion and job creation % Count
1 9.4% 3
2 50.0% 16
3 34.4% 11
4 6.3% 2
Public improvements to commercial / industrial sites
% Count
1 25.0% 8
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Item # 14.
% Count
2 43.8% 14
3 21.9% 7
4 9.4% 3
Job training for people who are homeless
% Count
1 18.8% 6
2 18.8% 6
3 59.4% 19
4 3.1% 1
Microenterprise assistance for small business expansion (5 or fewer employees) % Count
1 28.1% 9
2 25.0% 8
3 31.3% 10
4 15.6% 5
Storefront improvements in low‐income neighborhoods
% Count
1 18.8% 6
2 31.3% 10
3 37.5% 12
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Item # 14.
% Count
4 12.5% 4
QUESTION 4
How important are these Public Facilities Services (1=not important, 2=somewhat important, 3=very important, 4=don't know)?
Senior centers
% Count
1 12.5% 4
2 28.1% 9
3 56.3% 18
4 3.1% 1
Youth centers
% Count
1 12.5% 4
2 37.5% 12
3 46.9% 15
4 3.1% 1
Centers for people who are disabled
% Count
1 9.4% 3
2 21.9% 7
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Item # 14.
% Count
3 62.5% 20
4 6.3% 2
Homeless facilities (temporary housing and emergency shelters) % Count
1 21.9% 7
2 21.9% 7
3 53.1% 17
4 3.1% 1
Childcare centers
% Count
1 18.8% 6
2 25.0% 8
3 53.1% 17
4 3.1% 1
Mental health care facilities
% Count
1 18.8% 6
2 21.9% 7
3 53.1% 17
4 6.3% 2
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Item # 14.
Recreation facilities
% Count
1 3.1% 1
2 40.6% 13
3 46.9% 15
4 9.4% 3
Drop‐in day center people who are homeless
% Count
1 15.6% 5
2 25.0% 8
3 50.0% 16
4 9.4% 3
Parks and park facilities
% Count
1 6.3% 2
2 21.9% 7
3 62.5% 20
4 9.4% 3
Healthcare facilities
% Count
2 34.4% 11
3 53.1% 17
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Item # 14.
% Count
4 12.5% 4
Educational facilities
% Count
1 12.5% 4
2 18.8% 6
3 68.8% 22
Facilities for children who are abused, abandoned and / or neglected % Count
1 9.4% 3
2 25.0% 8
3 59.4% 19
4 6.3% 2
Facilities for people with HIV / AIDS
% Count
1 34.4% 11
2 31.3% 10
3 28.1% 9
4 6.3% 2
Parking facilities
% Count
1 43.8% 14
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Item # 14.
% Count
2 18.8% 6
3 34.4% 11
4 3.1% 1
QUESTION 5
How important are these Public Services (1=not important, 2=somewhat important, 3=very important, 4=don't know)?
Senior services
% Count
1 12.5% 4
2 21.9% 7
3 62.5% 20
4 3.1% 1
Disability services
% Count
1 9.4% 3
2 25.0% 8
3 59.4% 19
4 6.3% 2
Legal services
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Item # 14.
% Count
1 28.1% 9
2 37.5% 12
3 28.1% 9
4 6.3% 2
Youth services
% Count
1 12.5% 4
2 31.3% 10
3 56.3% 18
Transportation services
% Count
1 15.6% 5
2 37.5% 12
3 40.6% 13
4 6.3% 2
Battered and abused spouses’ services
% Count
1 9.4% 3
2 31.3% 10
3 56.3% 18
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Item # 14.
% Count
4 3.1% 1
Employment training services
% Count
1 12.5% 4
2 40.6% 13
3 43.8% 14
4 3.1% 1
Services to increase neighborhood and community engagement % Count
1 12.5% 4
2 28.1% 9
3 53.1% 17
4 6.3% 2
Food banks
% Count
1 9.4% 3
2 21.9% 7
3 65.6% 21
4 3.1% 1
Access to fresh and nutritious foods
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Item # 14.
% Count
1 6.3% 2
2 18.8% 6
3 68.8% 22
4 6.3% 2
Veteran services
% Count
1 9.4% 3
2 31.3% 10
3 56.3% 18
4 3.1% 1
Lead‐based paint / lead hazard screens
% Count
1 18.8% 6
2 25.0% 8
3 46.9% 15
4 9.4% 3
Services for people with HIV / AIDS
% Count
1 28.1% 9
2 34.4% 11
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Item # 14.
% Count
3 31.3% 10
4 6.3% 2
Crime awareness / prevention services
% Count
1 12.5% 4
2 25.0% 8
3 59.4% 19
4 3.1% 1
Tenant / landlord counseling services
% Count
1 25.0% 8
2 46.9% 15
3 28.1% 9
Childcare services
% Count
1 18.8% 6
2 15.6% 5
3 59.4% 19
4 6.3% 2
Services for children who are abused, abandoned and / or neglected 17 | www.opentownhall.com/11247 Created with OpenGov | December 1, 2021, 11:55 AM 2022-2025 Community Development Block Grant
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Item # 14.
% Count
1 12.5% 4
2 9.4% 3
3 68.8% 22
4 9.4% 3
Mental health services
% Count
1 12.5% 4
2 21.9% 7
3 59.4% 19
4 6.3% 2
Homeless services
% Count
1 21.9% 7
2 15.6% 5
3 59.4% 19
4 3.1% 1
Housing counseling for homebuyers and owners
% Count
1 34.4% 11
2 37.5% 12
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Item # 14.
% Count
3 28.1% 9
Fair housing investigations, education
% Count
1 28.1% 9
2 34.4% 11
3 37.5% 12
Emergency housing assistance to prevent homelessness – such as utility and rental assistance % Count
1 9.4% 3
2 21.9% 7
3 59.4% 19
4 9.4% 3
Financial literacy and planning
% Count
1 21.9% 7
2 40.6% 13
3 34.4% 11
4 3.1% 1
Neighborhood cleanups (trash, graffiti, etc.)
% Count
1 12.5% 4
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Item # 14.
% Count
2 18.8% 6
3 62.5% 20
4 6.3% 2
QUESTION 6
How important are these Infrastructure and Neighborhood Improvements Services (1=not important, 2=somewhat important, 3=very important, 4=don't know)?
Water/sewer improvements
% Count
1 12.5% 4
2 15.6% 5
3 68.8% 22
4 3.1% 1
Street improvements
% Count
1 12.5% 4
2 34.4% 11
3 50.0% 16
4 3.1% 1
Stormwater and drainage improvements
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Item # 14.
% Count
1 12.5% 4
2 28.1% 9
3 56.3% 18
4 3.1% 1
Accessibility improvements to public facilities for people with disabilities % Count
1 15.6% 5
2 25.0% 8
3 53.1% 17
4 6.3% 2
Public art
% Count
1 43.8% 14
2 25.0% 8
3 25.0% 8
4 6.3% 2
Community gardens
% Count
1 25.0% 8
2 31.3% 10
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Item # 14.
% Count
3 40.6% 13
4 3.1% 1
Trails
% Count
1 21.9% 7
2 18.8% 6
3 56.3% 18
4 3.1% 1
Acquisition and clearance of vacant lots
% Count
1 15.6% 5
2 37.5% 12
3 40.6% 13
4 6.3% 2
Sidewalk improvements
% Count
1 18.8% 6
2 31.3% 10
3 46.9% 15
4 3.1% 1
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Item # 14.
Lighting improvements
% Count
1 9.4% 3
2 34.4% 11
3 46.9% 15
4 9.4% 3
Neighborhood signage
% Count
1 34.4% 11
2 34.4% 11
3 25.0% 8
4 6.3% 2
Landscaping improvements
% Count
1 28.1% 9
2 34.4% 11
3 28.1% 9
4 9.4% 3
New or renovated playgrounds
% Count
1 9.4% 3
2 25.0% 8
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% Count
3 59.4% 19
4 6.3% 2
Cleanup of contaminated sites
% Count
1 3.1% 1
2 12.5% 4
3 68.8% 22
4 15.6% 5
Slowing traffic speed
% Count
1 25.0% 8
2 21.9% 7
3 50.0% 16
4 3.1% 1
QUESTION 7
Have you ever personally experienced housing discrimination? % Count
No
90.6% 29
Don't Know
6.3% 2
If 'No' or 'Don't know', please skip the next three
questions.
3.1% 1
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QUESTION 8
Where did the discrimination occur?
% Count
Other
20.0% 1
Don't Know
80.0% 4
QUESTION 9
On what basis do you believe you were discriminated against? % Count
Other
20.0% 1
Don't Know
80.0% 4
QUESTION 10
Who do you believe discriminated against you?
% Count
Don't Know
100.0% 4
QUESTION 11
Does the neighborhood you live in provide you access to opportunities? (1=Strongly Disagree; 2=Disagree; 3=Neutral; 4=Agree; 5=Strongly Agree, 6=Don't Know)?
High Performing Schools
% Count
3 18.8% 6
4 40.6% 13
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What are the most important priorities when allocating funding from the 2022-2025 Community Development Block Grant?384
Item # 14.
% Count
5 34.4% 11
6 6.3% 2
Affordable Public Transportation
% Count
2 12.5% 4
3 37.5% 12
4 25.0% 8
5 15.6% 5
6 9.4% 3
Frequent Public Transportation
% Count
1 6.3% 2
2 15.6% 5
3 21.9% 7
4 21.9% 7
5 18.8% 6
6 15.6% 5
Jobs that Pay a Living Wage
% Count
1 3.1% 1
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Item # 14.
% Count
2 9.4% 3
3 40.6% 13
4 15.6% 5
5 15.6% 5
6 15.6% 5
A Safe and Healthy Living Environment
% Count
3 25.0% 8
4 25.0% 8
5 43.8% 14
6 6.3% 2
QUESTION 12
Do you feel there are common / pressing broadband internet problems (e.g., high-speed connectivity, availability of providers, etc.)?
% Count
Yes
56.3% 18
No
21.9% 7
Don't Know
21.9% 7
QUESTION 13
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Item # 14.
Do you feel that low- and moderate-income areas have adequate broadband access? % Count
Yes
9.4% 3
No
37.5% 12
Don't Know
53.1% 17
QUESTION 14
Do you have any other comments, questions, or concerns? Answered 8
Skipped 24
QUESTION 15
Optional: To receive updates on this planning process, please provide your email address.
Answered 10
Skipped 22
QUESTION 16
Are you a Milpitas resident?
% Count
Yes
87.5% 28
No
12.5% 4
QUESTION 17
Do you work in the City of Milpitas?
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% Count
Yes
21.9% 7
No
78.1% 25
QUESTION 18
Please select the option that best represents you.
% Count
Resident
84.4% 27
Business Owner
6.3% 2
Community-based Organization / Non-profit
6.3% 2
Other
3.1% 1
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Item # 14.
City of Milpitas
CONSOLIDATED PLAN
Fiscal Year 2022-2025
389
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Consolidated Plan MILPITAS 1
OMB Control No: 2506-0117 (exp. 09/30/2021)
Executive Summary
ES-05 Executive Summary - 24 CFR 91.200(c), 91.220(b)
1. Introduction
The City of Milpitas is located in Santa Clara County and is the fifth largest city within the County with a population of 71,533. Milpitas encompasses an area of approximately 18 square miles and is the home to numerous high-tech companies located in the heart of Silicon Valley.
As of 2022, Santa Clara County has one of the highest median incomes in the nation at $151,300 for a family of four. However, many low- and moderate-income residents within the County and City of Milpitas cannot afford the high cost of living required within San Francisco Bay Area.
Every three to five years as required by Department of Housing and Urban Development (HUD), the City of Milpitas must prepare a Consolidated Plan outlining the strategies used to meet a variety of housing and non-housing community needs. The preparation of Milpitas three-Year Consolidated Plan provides the analysis and financial resources to address the housing and non- housing community services of those residents that require assistance in housing and a variety of public services to fit their specific needs.
The Consolidated Plan covers a three-year period, which included maximum citizen participation through public consultation meetings, request for statistical data, research and information to be incorporated into the plan. Notices were provided in the local Milpitas Post and City’s Website. Presently, City of Milpitas only receives Community Development Block Grant (CDBG) funds from the Department of Housing and Urban Development. The Consolidated Plan links identified needs in the community to the federal and local resources available to address those needs.
The City of Milpitas’ Building Safety and Housing department is the lead agency responsible for the preparation of the Consolidated Plan. The Consolidated Plan was prepared with the cooperation and consultation from numerous agencies, organizations, social service providers, housing providers, non-profit groups and members of the general public.
2. Summary of the objectives and outcomes identified in the Plan Needs Assessment Overview
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Consolidated Plan MILPITAS 2
OMB Control No: 2506-0117 (exp. 09/30/2021)
The objectives and outcomes identified in this Consolidated Plan address the housing and community development needs in Milpitas. The objectives address these priority needs:
o Need: Affordable Housing Development and Preservation ▪ Maintain and Preserve Existing Housing
▪ New Affordable Housing
▪ Affordable Housing Rental Rehabilitation
o Need: Community Services
▪ Community funding/public services
▪ Public services for special needs populations
▪ Public services for low- and moderate-income residents at risk of eviction. ▪ Fair Housing
▪ Public services for Children and Youth
▪ Public services for Seniors
▪ Public service for Domestic Violence Support
o Need: Community, Public, and Neighborhood Sustainability ▪ Public improvements including accessibility and improving public facilities. o Need: Economic Development
▪ Assist Microenterprises and Small Businesses
▪ Explore the use of HUD Section 108 Loan Guarantee Program
3. Evaluation of past performance
The City is responsible for ensuring compliance with all rules and regulations associated with the CDBG entitlement grant program. The City’s Annual Action Plans and Consolidated Annual Performance and Evaluation Reports (CAPER) have provided many details about the goals, projects and programs completed by the City over the past five years. A review of past consolidated annual performance and evaluation reports reveals a strong record of performance in the use of CDBG funds.
The City will meet or exceed the quantitative goals and objectives of its previous Consolidated Plan. The process implemented by the City has been effective with an annual evaluation of funding allocation and a bi-annual review of funding priorities. The City recognizes that the evaluation of past performance is important to ensure the City is implementing activities effectively.
4. Summary of citizen participation process and consultation process The City initiated the citizen participation process in November 2021 by distributing a Consolidated Plan Community Survey to residents in Milpitas . In December, at the Community 391
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Consolidated Plan MILPITAS 3
OMB Control No: 2506-0117 (exp. 09/30/2021)
Advisory Commission (CAC) meeting, the City invited residents and potential CDBG stakeholders to attend and provide public comment on how they feel CDBG funds should be prioritized in the upcoming FY 22-25 Consolidated Plan.
Over 80 different agencies, organizations, social service providers, housing providers, non-profits groups, and members of the general public were contacted to participate in the public meetings to receive input and feedback on the preparation of the three-Year Consolidated Plan. The City held public meetings on December 1, 2021 and March 3, 2022 and public hearings on April 5 and May 3, 2022.
The City held a public meeting with the Community Advisory Commission (CAC) on March 2, 2022 to review applications and hear applicant presentations. The CAC made their recommendations for funding to the City Council. Nineteen (19) public comments were heard from prospective applicants summarizing their proposed activities and how their activities would benefit Milpitas residents.
On March 4, 2022, the City placed an advertisement in the Milpitas post for the April 5 and May 3, 2022 City Council meetings. The notice of public hearing is to review funding applications for the FY22-25 Consolidated Plan and FY22-23 CDBG funding year.
On April 1, 2022, the City posted the draft FY22-25 Consolidated Plan and draft FY22-23 Annual Action Plan on its website to provide opportunities for public comment. The documents were posted at this url:
http://www.ci.milpitas.ca.gov/milpitas/departments/federalprogram-community-development-block- grant-cdbg/
5. Summary of public comments
At the December 1, 2021 Community Advisory Commission meeting, staff provided a brief presentation on the fiscal year 2022-2025 CDBG Consolidated Plan process, including an overview of the results of the Consolidated Plan Community Survey, and a timeline of events for the upcoming fiscal year. Seven consultants from various public and private agencies that provide housing, health services, and other social services provided comments to the Commission. One member of the community provided public comment to the Commission in support of the services discussed during the meeting.
On March 2, 2022, the CAC received a staff presentation on, as well an overview of, the 23 simplified applications received for CDBG funding. The Commission heard 19 comments from the applicants. Each Commissioner then provided their feedback on priorities and goals the Council should consider funding with CDBG funds.
Summary of comments or views not accepted and the reasons for not accepting them All comments were accepted. Please see Exhibit C for comments.
7. Summary
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Consolidated Plan MILPITAS 4
OMB Control No: 2506-0117 (exp. 09/30/2021)
It is the City’s intent that the FY23-27 Consolidated Plan will help improve the quality of life for the residents in the City of Milpitas. By providing residents and stakeholders with the ability to communicate how the CDBG funds should be allocated and prioritized, we believe the CDBG funds will be allocated in the best interest of the City’s low- and moderate-income residents.
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Consolidated Plan MILPITAS 5
OMB Control No: 2506-0117 (exp. 09/30/2021)
The Process
PR-05 Lead & Responsible Agencies 24 CFR 91.200(b)
1. Describe agency/entity responsible for preparing the Consolidated Plan and those responsible for administration of each grant program and funding source The following are the agencies/entities responsible for preparing the Consolidated Plan and those responsible for administration of each grant program and funding source.
Agency Role Name Department/Agency
CDBG Administrator MILPITAS Building Safety & Housing
Table 1 – Responsible Agencies
Narrative
The Building Safety and Housing Department serves as the lead agency in the preparation of the Consolidated Plan as well as the administration of the CDBG program. Per federal law, the preparation of the Consolidated Plan and Annual Action Plan is required by the Department of Housing and Urban Development (HUD). Both the Consolidate Plan and the first year annual action plan must delineate the priorities and strategies for the use of federal funds.
Every three to five years, as required by HUD, the City of Milpitas must prepare a Consolidated Plan outlining the strategies used to meet a variety of housing and non -housing community needs. It has come to the City’s attention that every other jurisdiction in the region is on the same Consolidated Plan timeline, except Milpitas. Therefore, Milpitas will be submitting a three -year Consolidated Plan in order to align our Consolidated Plan timeline with the rest of region. The preparation of Milpitas three-year Consolidated Plan prov ides the analysis and financial resources to address the housing and non -housing community services of those residents that require assistance in housing and a variety of public services to fit their specific needs.
Consolidated Plan Public Contact Information
Robert Musallam
Housing and Neighborhood Services Administrator
City of Milpitas
455 E. Calaveras Blvd.
Milpitas, CA 95035
394
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Consolidated Plan MILPITAS 6
OMB Control No: 2506-0117 (exp. 09/30/2021)
PR-10 Consultation – 91.100, 91.110, 91.200(b), 91.300(b), 91.215(I) and
91.315(I)
1. Introduction
The City of Milpitas requested a number of consultations with a multitude of local non -profit organizations, various jurisdictions and other stakeholders in the de velopment of the Consolidated Plan.
Milpitas conducted four (4) separate public meetings to obtain public input and comments on the preparation of the Consolidated Plan. meetings were conducted in different areas of the City in different times of the day. The City of Milpitas has reached out to the Santa Clara County Housing Authority and the Office of Supportive Housing, as well as surrounding jurisdictions for their inpu t to the City’s CDBG program. Milpitas also consulted with a wide variety of social service agencies that provide housing and support services to special needs groups in an effort to update data and information for the needs section of the Consolidated Pla n. Finally, Milpitas along with the County of Santa Clara and other local jurisdictions held weekly meetings during the past three years to work together on sections of the Consolidated Plan which deal with regional issues such as fair housing and homelessness.
Provide a concise summary of the jurisdiction’s activities to enhance coordination between public and assisted housing providers and private and governmental health, mental health and service agencies (91.215(I)).
As mentioned, the City participates in a weekly meeting with all local jurisdictions to discuss general housing, homelessness, and CDBG related issues. These issues are core to the consultation required by the Consolidated Plan.
City staff continues to maintain dialogue with all service pr oviders, public and private, to ascertain if there are any areas in which the City can partner with the organization to enhance services or if the City can connect service providers for better coordination of service deliveries.
Describe coordination with the Continuum of Care and efforts to address the needs of homeless persons (particularly chronically homeless individuals and families, families with children, veterans, and unaccompanied youth) and persons at risk of homelessness The Santa Clara County Continuum of Care (CoC) is a multi -sector group of stakeholders guiding the implementation of the County’s housing and service system to meet the need and prevent homelessness in the county with the ultimate goal to end homelessness. 395
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Consolidated Plan MILPITAS 7
OMB Control No: 2506-0117 (exp. 09/30/2021)
The Continuum of Care strategy includes permanent housing, emergency shelter with outreach and assessment services, transitional housing with support services, and prevention services.
These services exist in Santa Clara County, but not in sufficient numbers to address the need. The County of Santa Clara, in collaboration with the entitlement jurisdictions, believe that strengthening the Continuum of Care on a regional basis will effectively address the needs of homeless people in individual cities and avoiding duplication of services, and increase the cost effectiveness.
In October 2020, the City of Milpitas participated in the preparation of the Community Plan to End Homelessness in Santa Clara County. The Plan identifies strategies to address the needs of homeless persons in the county, including chronically homeless individuals and families, families with children, veterans, and unaccompanied youth. Additionally, it also intended to address the needs of person at risk of homelessness.
In December 2020, the City Council directed staff to proceed with a pilot program to provide weekly hot shower and laundry services to the unhoused residents of Milpitas. The City will be using a nonprofit service provider, WeHOPE, to operate the Dignity on Wheels program, which includes mobile shower, mobile laundry, and connecting unhoused residents with resources.
In November 2020, the City Council authorized a r evenue agreement with the County of Santa Clara in the amount of $200,000 per year for the County to provide street outreach, assessment, and case management services for unhoused residents in Milpitas via their Homeless Engagement and Assessment Team (HEAT). The HEAT team focuses first on connecting clients with mental health service providers to stabilize them before assisting with a housing plan In December 2020, the City Council directed staff to proceed with a pilot program to provide weekly hot shower and laundry services to the unhoused residents of Milpitas. The City will be using a nonprofit service provider, WeHOPE, to operate the Dignity on Wheels program, which includes mobile shower, mobile laundry, and connecting unhoused residents with resources.
Describe consultation with the Continuum(s) of Care that serves the jurisdiction's area in determining how to allocate ESG funds, develop performance standards and evaluate outcomes, and develop funding, policies and procedures for the administration of HMIS The City of Milpitas does not receive Emergency Shelter Grant (ESG) funding however the City participates with the CoC to address homeless issues.
2. Describe Agencies, groups, organizations and others who participated in the process and describe the jurisdictions consultations with housing, social service agencies and other entities
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Consolidated Plan MILPITAS 8
OMB Control No: 2506-0117 (exp. 07/31/2015)
Table 2 – Agencies, groups, organizations who participated
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Consolidated Plan MILPITAS 9
OMB Control No: 2506-0117 (exp. 07/31/2015)
Agency/Group/Organization Rebuilding Together Silicon Valley Agency/Group/Organization Type Services-Persons with disabilities Services-Elderly Persons
What section of the Plan was
addressed by Consultation
Housing needs Assessment
Non-Homeless Special Needs
How was the
Agency/Group/Organization consulted
and what are the anticipated outcomes
of the consultation or areas for
improved coordination?
Agency attended Community Forum where staff solicited
input for community needs and priorities.
Agency/Group/Organization Project Sentinel
Agency/Group/Organization Type Services-Fair Housing
What section of the Plan was
addressed by Consultation
Non-Homeless Special Needs
Homeless Needs-Families with Children
How was the
Agency/Group/Organization consulted
and what are the anticipated outcomes
of the consultation or areas for
improved coordination?
Agency attended Community Forum where staff solicited
input for community needs and priorities.
Agency attended Community Advisory Commission meeting
for community input for the Consolidated Plan Update and CDBG input. The organization provided input and
prioritizing needs within the community.
Agency/Group/Organization Housing Authority of County of Santa Clara Agency/Group/Organization Type Housing
PHA
What section of the Plan was
addressed by Consultation
Housing Needs Assessment
Public Housing Needs
How was the
Agency/Group/Organization consulted
and what are the anticipated outcomes
of the consultation or areas for
improved coordination?
Staff consulted with a representative of the Housing
Authority to discuss Housing Authority challenges, trends in housing concerns from the Housing Authority’s perspective and determine potential areas where the City can partner with the Housing Authority.
Agency/Group/Organization Catholic Charities
Agency/Group/Organization Type Services-Elderly persons Services-Housing
Services-Elderly Persons
What section of the Plan was
addressed by Consultation
Non-Homeless Special Needs
How was the
Agency/Group/Organization consulted
and what are the anticipated outcomes
of the consultation or areas for
improved coordination?
Agency attended Community Advisory Commission meeting
for community input for the Consolidated Plan Update and CDBG input. The organization provided input and
prioritizing needs within the community.
Agency/Group/Organization Child Advocates of Silicon Valley Agency/Group/Organization Type Services-Victims
Services-Health
Services-Victims of Domestic Violence
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Consolidated Plan MILPITAS 10
OMB Control No: 2506-0117 (exp. 07/31/2015)
What section of the Plan was
addressed by Consultation
Non-Homeless Special needs
How was the
Agency/Group/Organization consulted
and what are the anticipated outcomes
of the consultation or areas for
improved coordination?
Agency attended Community Advisory Commission meeting
for community input for the Consolidated Plan Update and CDBG input. The organization provided input and
prioritizing needs within the community.
Agency/Group/Organization City of Milpitas Recreation and Community Services Agency/Group/Organization Type Services-children
Other government-Local
What section of the Plan was
addressed by Consultation
Non-Homeless Special Needs
How was the
Agency/Group/Organization consulted
and what are the anticipated outcomes
of the consultation or areas for
improved coordination?
Agency attended Community Advisory Commission meeting
for community input for the Consolidated Plan Update and CDBG input. The organization provided input and
prioritizing needs within the community.
Agency/Group/Organization LifeMoves
Agency/Group/Organization Type Services-Homeless
What section of the Plan was
addressed by Consultation
Homeless Needs-Chronically homeless
Homeless Needs-Families with Children
Homelessness-Veterans
Homelessness-Unaccompanied Youth
Homelessness Strategy
How was the
Agency/Group/Organization consulted
and what are the anticipated outcomes
of the consultation or areas for
improved coordination?
Agency attended Community Advisory Commission meeting
for community input for the Consolidated Plan Update and CDBG input. The organization provided input and
prioritizing needs within the community.
Agency/Group/Organization Milpitas Food Pantry
Agency/Group/Organization Type Services-Children
Services-Elderly Person
Services-Homeless
Services-Victims
What section of the Plan was
addressed by Consultation
Homeless Needs-Chronically homeless
Homeless Needs-Families with Children
Homelessness-Veterans
Homelessness-Unaccompanied Youth
Non-Homeless Special Needs
How was the
Agency/Group/Organization consulted
and what are the anticipated outcomes
of the consultation or areas for
improved coordination?
Agency attended Community Advisory Commission meeting
for community input for the Consolidated Plan Update and CDBG input. The organization provided input and
prioritizing needs within the community.
Agency/Group/Organization Milpitas Unified School District Agency/Group/Organization Type Services-Children
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Consolidated Plan MILPITAS 11
OMB Control No: 2506-0117 (exp. 07/31/2015)
What section of the Plan was
addressed by Consultation
Non-Homeless Special Needs
How was the
Agency/Group/Organization consulted
and what are the anticipated outcomes
of the consultation or areas for
improved coordination?
Agency attended Community Advisory Commission meeting
for community input for the Consolidated Plan Update and CDBG input. The organization provided input and
prioritizing needs within the community.
Agency/Group/Organization Next Door Solutions to Domestic Violence Agency/Group/Organization Type Service-Victims of Domestic Violence What section of the Plan was
addressed by Consultation
Non-Homeless Special Needs
How was the
Agency/Group/Organization consulted
and what are the anticipated outcomes
of the consultation or areas for
improved coordination?
Agency attended Community Advisory Commission meeting
for community input for the Consolidated Plan Update and CDBG input. The organization provided input and
prioritizing needs within the community.
Agency/Group/Organization Senior Adults Legal Assistance (SALA) Agency/Group/Organization Type Service-Elderly Person
What section of the Plan was
addressed by Consultation
Non-Homeless Special Needs
How was the
Agency/Group/Organization consulted
and what are the anticipated outcomes
of the consultation or areas for
improved coordination?
Agency attended Community Advisory Commission meeting
for community input for the Consolidated Plan Update and CDBG input. The organization provided input and
prioritizing needs within the community.
Agency/Group/Organization Silicon Valley Independent Living Center Agency/Group/Organization Type Service-Elderly Person
Service-Persons with disabilities
What section of the Plan was
addressed by Consultation
Non-homeless Special Needs
How was the
Agency/Group/Organization consulted
and what are the anticipated outcomes
of the consultation or areas for
improved coordination?
Agency attended Community Advisory Commission meeting
for community input for the Consolidated Plan Update and CDBG input. The organization provided input and
prioritizing needs within the community.
Agency/Group/Organization The Health Trust
Agency/Group/Organization Type Service-Elderly Persons
Service-Persons with Disabilities
What section of the Plan was
addressed by Consultation
Non-Homeless Special needs
How was the
Agency/Group/Organization consulted
and what are the anticipated outcomes
of the consultation or areas for
improved coordination?
Agency attended Community Advisory Commission meeting
for community input for the Consolidated Plan Update and CDBG input. The organization provided input and
prioritizing needs within the community.
Agency/Group/Organization YWCA Silicon Valley
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Consolidated Plan MILPITAS 12
OMB Control No: 2506-0117 (exp. 07/31/2015)
Agency/Group/Organization Type Housing
Services-Children
Services-Victims of Domestic Violence
Services-Health
What section of the Plan was
addressed by Consultation
Homeless Needs – Families with Children
Non-Homeless Special Needs
How was the
Agency/Group/Organization consulted
and what are the anticipated outcomes
of the consultation or areas for
improved coordination?
Agency attended Community Advisory Commission meeting
for community input for the Consolidated Plan Update and CDBG input. The organization provided input and
prioritizing needs within the community.
Agency/Group/Organization Terrace Gardens
Agency/Group/Organization Type Housing
Services-Elderly Persons
What section of the Plan was
addressed by Consultation
Housing Needs Assessment
Non-homeless Special Needs
How was the
Agency/Group/Organization consulted
and what are the anticipated outcomes
of the consultation or areas for
improved coordination?
Agency attended Community Advisory Commission meeting
for community input for the Consolidated Plan Update and CDBG input. The organization provided input and
prioritizing needs within the community.
Identify any Agency Types not consulted and provide rationale for not consulting Not applicable. See PR-10 Table 2
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Consolidated Plan MILPITAS 13
OMB Control No: 2506-0117 (exp. 07/31/2015)
Other local/regional/state/federal planning efforts considered when preparing the Plan Name of Plan Lead Organization How do the goals of your Strategic Plan overlap with the
goals of each plan?
Continuum of Care Regional Continuum of Care
Council
The CoC works to alleviate the
impact of homelessness in the
community through the
cooperation and collaboration
of social service providers. This
effort aligns with the Strategic
Plan’s goal to support activities
to end homelessness.
City of Milpitas Housing
Element
City of Milpitas Housing Element serves as a
policy guide to help the City
meet its existing and future
housing needs. This effort
aligns with the Strategic Plan’s
goal to assist in the creation
and preservation of affordable
housing.
Name of Plan Lead Organization How do the goals of your Strategic Plan overlap with the
goals of each plan?
Table 3 – Other local / regional / federal planning efforts
Describe cooperation and coordination with other public entities, including the State and any adjacent units of general local government, in the implementation of the Consolidated Plan (91.215(l))
Narrative (optional):
Santa Clara County Association of Planning Officials (SCAPPO) is a regional meeting for local planning officials to attend, cooperate, and coordinate with one another on regional issues.
Items related to the consolidated plan are commonly discussed. 402
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Consolidated Plan MILPITAS 14
OMB Control No: 2506-0117 (exp. 07/31/2015)
PR-15 Citizen Participation – 91.105, 91.115, 91.200(c) and 91.300(c)
1. Summary of citizen participation process/Efforts made to broaden citizen participation Summarize citizen participation process and how it impacted goal setting
The City initiated the citiz en participation process in November 2021 by distributing a Consolidated Plan Community Survey to residents in Milpitas . In December, at the Community Advisory Commission (CAC) meeting, the City invited residents and potential CDBG stakeholders to attend and provide public comment on how they feel CDBG funds should be prioritized in the upcoming FY 23-27 Consolidated Plan.
Over 80 different agencies, organizations, social service providers, housing providers, non-profits groups, and members of the general public were contacted to participate in the public meetings to receive input and feedback on the preparation of the three-Year Consolidated Plan. The City held public meetings on December 1, 2021 and March 3, 2022 and public hearings on April 5 and May 3, 2022.
The CAC is a publicly noticed meeting that the community can attend. Seven organizations and one resident attended and provided input.
A schedule of meetings for the development, input review and recommendations that created the Consolidated Plan are as follows:
Date Organization Action
December 1, 2021 Community Advisory
Commission
Public Meeting/Presentation
March 3, 2022 Community Advisory
Commission
Public Meeting/Presentation
April 5, 2022 Milpitas City Council Public Hearing/Presentation May 3, 2022 Milpitas City Council Public Hearing/Presentation
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Consolidated Plan MILPITAS 15
OMB Control No: 2506-0117 (exp. 07/31/2015)
Citizen Participation Outreach
Sort O
rder
Mode of
Outreach
Target of
Outreach
Summary of
response/
attendance
Summary of
comments
received
Summary of
comments
not
accepted
and reasons
URL (If applicable)
1 News-paper ad
Non-
targeted/broad
community
Opening the
application
period
No comments were received n/a
2 Internet/Social
Media Outreach
Broad community 32 responses The City created a
Consolidated Plan
community survey to obtain
citizen and stakeholder input
and comments for the
development of the
Consolidated Plan. A total of
32 responses were received.
https://www.ci.milpitas
.ca.gov/wp-
content/uploads/2021/
12/2022-2025-
community-
development-block-
grant_results.pdf
3 Public Meeting
(CAC)
Non-
targeted/broad
community
20 Attendees
Seven consultants from
various public and private
agencies that provide
housing, health services, and
other social services
provided comments to the
Commission. One member of
the community provided
public comment to the
Commission in support of the
services discussed during the
meeting.
n/a
4 Public Meeting
(CAC)
Non-
targeted/broad
community
10 Attendees No comments were received n/a
5 Public Meeting
(CAC)
Non-
targeted/broad
community
30 Attendees
The Commission heard 19
comments from the
applicants. Each
Commissioner then provided
their feedback on priorities
and goals the Council should
consider funding with CDBG
funds. One public comment
requested consideration for
disabled individuals when
considering upgrades to the
City’s parks.
n/a
6 News-paper
ad/website
Non-
targeted/broad
community
Public Hearing
Notice for City
Council Meetings
No comments were received n/a
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Sort O
rder
Mode of
Outreach
Target of
Outreach
Summary of
response/
attendance
Summary of
comments
received
Summary of
comments
not
accepted
and reasons
URL (If applicable)
7 City Council
Meeting
Public Hearing
Non-
targeted/broad
community
n/a n/a n/a
8 Website
Non-
targeted/Broad
community
Draft AAP n/a n/a
9 City Council
Meeting
Public Hearing
Non-
targeted/broad
community
n/a n/a n/a
Table 4 – Citizen Participation Outreach
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Needs Assessment
NA-05 Overview
Needs Assessment Overview
Located at the southern end of the San Francisco Bay, the City of Milpitas has become an integral part of high‐tech Silicon Valley since becoming incorporated in 1954. Per available 2020 census data, Milpitas has an estimated population of 80,273 1. The City is a strong employment center with a diverse population, quality schools, conveniently located neighborhood parks, and a variety of retail options. Milpitas is often called the “Crossroads of Silicon Valley” with most of its
13.6 square miles of land si tuated between two major freeways (I‐880 and I‐680), state route 237, and a county expressway. The City is served by Valley Transportation Authority (VTA) light rail and a BART extension that opened in 2020.
With the resurgence of the Silicon Valley economy, real estate has experienced dramatic price increase, with Milpitas being no exception. Milpitas has experienced a massive surge in residential building activity in recent years, with a considerable increa se in residential permit applications, development entitlements, and new construction. In large part, these changes have been brought on by the adoption of two Specific Plans for areas adjacent to an existing VTA station and the City’s BART station. The increased development potential that was made possible by these Specific Plans has prompted the conversion of areas once dominated by vacant and underutilized land and aging and obsolete industrial space into high‐density transit‐oriented development to meet the heightened demand for housing.
Methodology
The majority of data utilized is provided by HUD for the purpose of preparing the Consolidated Plan. HUD periodically receives custom tabulations of data from the U.S. Census Bureau that are largely not available through standard Census products. Known as the Comprehensive Housing Affordability Strategy (CHAS) data, it demonstrates the extent of housing problems and housing needs, particularly for low income households. The CHAS data is used by local governm ents to plan how to spend HUD funds, and may also be used by HUD to distribute grant funds.
When CHAS data is not available or appropriate, other data is utilized, including 20 10 and 2020 U.S. Census data and American Community Survey (ACS) 20 13-2017 five-year estimates. While
1 https://www.census.gov/quickfacts/fact/table/milpitascitycalifornia/POP010210#POP010210 406
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ACS one-year estimates provide the most current data, this report utilizes five-year estimates as they reflect a larger sample size and are considered more reliable and precise.
Federal funds provided under the Community Devel opment Block Grant (CDBG) entitlement program are primarily concerned with activities that benefit low -and moderate -income (LMI) households whose incomes do not exceed 80 percent of the area median family income (AMI), as established by HUD, with adjustments for smaller or larger families. HUD utilizes three income levels to define LMI households:
• Extremely low income: Households earning 30 percent or less than the AMI (subject to specified adjustments for areas with unusually high or low incomes) • Very low income: Households earning 50 percent or less than the AMI (subject to specified adjustments for areas with unusually high or low incomes) • Low and moderate income: Households earning 80 percent or less than the AMI (subject to adjustments for areas with unusually high or low incomes or housing costs) NA-10 Housing Needs Assessment
Of the total 21,919 households in Milpitas , approximately 35 percent of City’s households are LMI, with incomes ranging from 0-80% AMI:
• Thirteen percent of households (2,940) have incomes between 0-30% AMI • Ten percent of households (2,175) have incomes between 30-50% AMI • Twelve percent of households (2,550) have incomes between 50-80% AMI NA-15 Disproportionately Greater Need: Housing Problems NA-20 Disproportionately Greater Need: Severe Housing Problems NA-25 Disproportionately Greater Need: Housing Cost Burden NA-35 Public Housing
NA-40 Homeless Needs Assessment
NA-45 Non-Homeless Special Needs Assessment
NA-50 Non-Housing Community Development Needs
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NA-10 Housing Needs Assessment - 24 CFR 91.205 (a,b,c)
Summary of Housing Needs
Demographics Base Year: 2009 Most Recent Year: 2017 % Change Population 65,371 75,500 15%
Households 18,379 21,920 19%
Median Income $92,205.00 $110,752.00 20%
Table 5 - Housing Needs Assessment Demographics
Data Source: 2000 Census (Base Year), 2013-2017 ACS (Most Recent Year)
Number of Households Table
0-30%
HAMFI
>30-50%
HAMFI
>50-80%
HAMFI
>80-100%
HAMFI
>100%
HAMFI
Total Households 2,940 2,175 2,550 2,314 11,940
Small Family Households 960 1,075 1,395 1,319 7,785
Large Family Households 250 290 530 490 1,525
Household contains at least one
person 62-74 years of age 684 635 570 555 2,050
Household contains at least one-
person age 75 or older 700 360 430 260 535
Households with one or more
children 6 years old or younger 385 365 524 434 2,174
Table 6 - Total Households Table
Data
Source:
2013-2017 CHAS
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Housing Needs Summary Tables
1. Housing Problems (Households with one of the listed needs) Renter Owner
0-30%
AMI
>30-
50%
AMI
>50-
80%
AMI
>80-
100%
AMI
Total 0-30%
AMI
>30-
50%
AMI
>50-
80%
AMI
>80-
100%
AMI
Total
NUMBER OF HOUSEHOLDS
Substandard
Housing -
Lacking
complete
plumbing or
kitchen
facilities 20 10 15 10 55 10 10 0 0 20
Severely
Overcrowded -
With >1.51
people per
room (and
complete
kitchen and
plumbing) 30 35 100 30 195 0 20 10 10 40
Overcrowded -
With 1.01-1.5
people per
room (and
none of the
above
problems) 265 170 295 180 910 20 50 90 210 370
Housing cost
burden greater
than 50% of
income (and
none of the
above
problems) 825 400 45 0 1,270 720 295 215 65 1,295
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Renter Owner
0-30%
AMI
>30-
50%
AMI
>50-
80%
AMI
>80-
100%
AMI
Total 0-30%
AMI
>30-
50%
AMI
>50-
80%
AMI
>80-
100%
AMI
Total
Housing cost
burden greater
than 30% of
income (and
none of the
above
problems) 120 320 570 265 1,275 180 245 360 470 1,255
Zero/negative
Income (and
none of the
above
problems) 210 0 0 0 210 94 0 0 0 94
Table 7 – Housing Problems Table
Data
Source:
2013-2017 CHAS
2. Housing Problems 2 (Households with one or more Severe Housing Problems: Lacks kitchen or complete plumbing, severe overcrowding, severe cost burden) Renter Owner
0-30%
AMI
>30-
50%
AMI
>50-
80%
AMI
>80-
100%
AMI
Total 0-
30%
AMI
>30-
50%
AMI
>50-
80%
AMI
>80-
100%
AMI
Total
NUMBER OF HOUSEHOLDS
Having 1 or more of
four housing
problems 1,135 615 450 220 2,420 750 375 315 285 1,725
Having none of four
housing problems 265 460 875 650 2,250 475 730 910 1,159 3,274 Household has
negative income, but
none of the other
housing problems 210 0 0 0 210 94 0 0 0 94
Table 8 – Housing Problems 2
Data
Source:
2013-2017 CHAS
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3. Cost Burden > 30%
Renter Owner
0-30%
AMI
>30-
50%
AMI
>50-
80%
AMI
Total 0-30%
AMI
>30-
50%
AMI
>50-
80%
AMI
Total
NUMBER OF HOUSEHOLDS
Small Related 470 600 490 1,560 275 265 270 810
Large Related 175 195 155 525 70 65 115 250
Elderly 390 59 25 474 410 215 150 775
Other 160 75 145 380 165 35 95 295
Total need by
income
1,195 929 815 2,939 920 580 630 2,130
Table 9 – Cost Burden > 30%
Data
Source:
2013-2017 CHAS
4. Cost Burden > 50%
Renter Owner
0-30%
AMI
>30-
50%
AMI
>50-
80%
AMI
Total 0-30%
AMI
>30-
50%
AMI
>50-
80%
AMI
Total
NUMBER OF HOUSEHOLDS
Small Related 420 305 40 765 245 125 60 430
Large Related 120 85 10 215 60 15 10 85
Elderly 300 30 0 330 280 150 115 545
Other 150 35 10 195 150 15 45 210
Total need by
income
990 455 60 1,505 735 305 230 1,270
Table 10 – Cost Burden > 50%
Data
Source:
2013-2017 CHAS
5. Crowding (More than one person per room)
Renter Owner
0-
30%
AMI
>30-
50%
AMI
>50-
80%
AMI
>80-
100%
AMI
Total 0-
30%
AMI
>30-
50%
AMI
>50-
80%
AMI
>80-
100%
AMI
Total
NUMBER OF HOUSEHOLDS
Single family
households 219 125 320 170 834 20 50 45 115 230
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Renter Owner
0-
30%
AMI
>30-
50%
AMI
>50-
80%
AMI
>80-
100%
AMI
Total 0-
30%
AMI
>30-
50%
AMI
>50-
80%
AMI
>80-
100%
AMI
Total
Multiple,
unrelated family
households 25 80 75 25 205 0 20 55 105 180
Other, non-family
households 50 0 10 15 75 0 0 0 0 0
Total need by
income
294 205 405 210 1,114 20 70 100 220 410
Table 11 – Crowding Information – 1/2
Data
Source:
2013-2017 CHAS
Renter Owner
0-30%
AMI
>30-
50%
AMI
>50-
80%
AMI
Total 0-30%
AMI
>30-
50%
AMI
>50-
80%
AMI
Total
Households
with Children
Present
Table 12 – Crowding Information – 2/2
Describe the number and type of single person households in need of housing assistance.
Elderly and/or disabled populations tend to experience greater hardships with regard to housing. Per the provided data, 1,889 households between 0-80% AMI contain at least one person years 62-74 years of age. This represents 8.6% of the total households in Milpitas. Of the
8.6%, 36.2% (684 households) have incomes between 0-30% AMI, 33.6% (635 households) have incomes between 30-50% AMI, and 30.1% (570 households) have incomes between 50-80% AMI.
Elderly populations are often on fixed incomes, such as social security, that are (a) generally provide an insufficient amount of income to adequately cover both housing and general life expenses and (b) do not increase proportionately to the rise in the cost of living to keep up with inflation. This creates a desperate need for affordable housing. The lack of affordable housing in general, but specifically for seniors, will continue to be the greatest barrier to assisting this population.
The disabled population draws parallels to the senior community. While employment opportunities may be available to some, in some cases, there may no ability to secure employment. As such, this community is reliant on social security and/or disability in order to 412
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cover their living expenses. And similar to senior community, the income provided is not sufficient to adequately cover their expenses. The lack of available housing resources for the disabled community also represents one of the greatest challenges for this population.
The data above does not distinguish between whether the household is a renter or owner.
Additional considerations should be made for elderly/disabled homeowners. As the cost of goods and services increase, these individuals may be homeowners whose properties have appreciated significantly, but they lack the resources to secure loan products that would grant them access to their equity. These individuals are considered house rich and cash poor. These homes, without proper maintenance and repair, often fall into disrepair and sometimes into uninhabitable situations. More resources should be available to these homeowners to ensure they age gracefully in a safe and habitable living environment.
Estimate the number and type of families in need of housing assistance who are disabled or victims of domestic violence, dating violence, sexual assault and stalking.
The data does not provide a true number and types of families in need of housing assistance for those who are disabled or victims of domestic violence. From FY18-22, the period of time covering the last consolidated plan, he City Council has allocated $199,666 towards activities that directly benefit the victims of domestic violence. With these resources, various non-profit organizations such as YWCA Silicon Valley and Next Door Solutions to Domestic Violence have assisted over 1000 residents in Milpitas. Many of these individuals do not have access to the safe, affordable housing that is needed to more permanently remove themselves from domestic violence situations.
What are the most common housing problems?
Housing cost burden greater than 50% of income represents the greatest of housing problems.
Of the eligible households, 825 renter occupied households who have incomes between 0-30% AMI experience a housing cost burden greater than 50% of their current income. A further 400 households who have incomes between 30-50% AMI also experience a housing cost burden greater than 50% of their current income. These number will only grow as affordability wanes.
Are any populations/household types more affected than others by these problems? Low- to moderate-income renter households are more likely to experience at least one housing problem. Of the renters surveyed who had at least one housing problem, ninety-one percent (2,200) of them were LMI. LMI renter households are also severely cost burdened while extremely low and low income owner households are severely cost burdened. 413
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LMI renter households are also more likely to be overcrowded. Households receiving incomes between 0-30% AMI are more heavily affected.
Describe the characteristics and needs of Low-income individuals and families with children (especially extremely low-income) who are currently housed but are at imminent risk of either residing in shelters or becoming unsheltered 91.205(c)/91.305(c)). Also discuss the needs of formerly homeless families and individuals who are receiving rapid re-housing assistance and are nearing the termination of that assistance The main characteristics are these families tend to be on the lower end of the income spectrum and are living in overcrowded households. In order to afford the high rent Milpitas commands, families must either live in a smaller (more affordable) unit or share space in a larger unit with another family.
As of this writing, we are approaching the end of year 2 of the COVID-19 pandemic. The City Council has allocated over $800,000 in rent relief funds to assist families that are at imminent risk of eviction. The state of California has allocated over $2B in rental assistance to prevent a mass wave of evictions. The economy continues to recover and these individuals, who predominantly work service level jobs, are now starting to go back to work. However, the costs of goods and services has increased tremendously with inflation reaching its highest year over year mark in decades (projected to be 7.5% in 2022)2. Wages has not kept pace with inflation and as a result, these household’s live paycheck to paycheck often teetering on the line between housed and unhoused.
If a jurisdiction provides estimates of the at-risk population(s), it should also include a description of the operational definition of the at-risk group and the methodology used to generate the estimates:
We don’t have an estimate. To date our rent relief program has provided assistance to over 120 households and 300 Milpitas residents. Our best attempt to collect this data relies on the data collected when a household applies for rental assistance through our program. For an operational definition of at risk, we believe that any household that is unable to pay or is struggling to afford their monthly rental obligation in our jurisdiction, they are considered an at-risk population.
Specify particular housing characteristics that have been linked with instability and an increased risk of homelessness
2 https://tradingeconomics.com/united-states/inflation- cpi#:~:text=US%20Inflation%20Rate%20Accelerates%20to,coupled%20with%20strong%20demand%20weigh. 414
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Severe cost burden is the greatest link between instability and an increased risk of homelessness. More affordable housing or better public/private options are needed to ensure at risk individuals do not experience homelessness.
Discussion
See above.
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NA-15 Disproportionately Greater Need: Housing Problems – 91.205 (b)(2) Assess the need of any racial or ethnic group that has disproportionately greater need in comparison to the needs of that category of need as a whole.
Introduction
Per HUD definition, disproportionate housing needs is defined as “significant disparities in the proportion of members of a protected class experiencing a category of housing need when compared to the proportion of members of any other relevant groups or the total population experiencing that category of housing need in the applicable geographic area” (24 CFR § 5.152).
Specifically, a disproportionately greater need exists when the members of a racial/ethnic group at a given income level experience housing problems at a greater rate (10 percentage points or more) than the jurisdiction as a whole at that income level. 0%-30% of Area Median Income
Housing Problems Has one or more
of four housing
problems
Has none of the
four housing
problems
Household has
no/negative
income, but none
of the other
housing problems
Jurisdiction as a whole 2,195 440 304
White 410 135 40
Black / African American 94 0 15
Asian 1,095 250 179
American Indian, Alaska Native 0 0 0
Pacific Islander 25 0 0
Hispanic 540 40 60
Table 13 - Disproportionally Greater Need 0 - 30% AMI
Data
Source:
2013-2017 CHAS
*The four housing problems are:
1. Lacks complete kitchen facilities, 2. Lacks complete plumbing facilities, 3. More than one person per room, 4.Cost Burden greater than 30%
30%-50% of Area Median Income
Housing Problems Has one or more
of four housing
problems
Has none of the
four housing
problems
Household has
no/negative
income, but none
of the other
housing problems
Jurisdiction as a whole 1,555 625 0
White 224 180 0
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Housing Problems Has one or more
of four housing
problems
Has none of the
four housing
problems
Household has
no/negative
income, but none
of the other
housing problems
Black / African American 90 25 0
Asian 939 290 0
American Indian, Alaska Native 0 10 0
Pacific Islander 0 0 0
Hispanic 260 120 0
Table 14 - Disproportionally Greater Need 30 - 50% AMI
Data
Source:
2013-2017 CHAS
*The four housing problems are:
1. Lacks complete kitchen facilities, 2. Lacks complete plumbing facilities, 3. More than one person per room, 4.Cost Burden greater than 30%
50%-80% of Area Median Income
Housing Problems Has one or more
of four housing
problems
Has none of the
four housing
problems
Household has
no/negative
income, but none
of the other
housing problems
Jurisdiction as a whole 1,695 855 0
White 115 180 0
Black / African American 10 34 0
Asian 1,195 425 0
American Indian, Alaska Native 0 0 0
Pacific Islander 40 0 0
Hispanic 310 190 0
Table 15 - Disproportionally Greater Need 50 - 80% AMI
Data
Source:
2013-2017 CHAS
*The four housing problems are:
1. Lacks complete kitchen facilities, 2. Lacks complete plumbing facilities, 3. More than one person per room, 4. Cost Burden greater than 30%
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80%-100% of Area Median Income
Housing Problems Has one or more
of four housing
problems
Has none of the
four housing
problems
Household has
no/negative
income, but none
of the other
housing problems
Jurisdiction as a whole 1,240 1,074 0
White 145 84 0
Black / African American 25 50 0
Asian 900 684 0
American Indian, Alaska Native 0 0 0
Pacific Islander 0 0 0
Hispanic 100 215 0
Table 16 - Disproportionally Greater Need 80 - 100% AMI Data
Source:
2013-2017 CHAS
*The four housing problems are:
1. Lacks complete kitchen facilities, 2. Lacks complete plumbing facilities, 3. More than one person per room, 4. Cost Burden greater than 30%
Discussion
Seventy-five percent of households with 0%-30% AMI experience at least one housing problem. • 86% of Black households with 0%-30% AMI experience at least one housing problem. • 70% of White households with 0%-30% AMI experience at least one housing problem. • 72% of Asian households with 0%-30% AMI experience at least one housing problem. • 84% of Hispanic households with 0%-30% AMI experience at least one housing problem.
Seventy-one percent of households with 30%-50% AMI experience at least one housing problem.
• 93% of Black households with 30%-50% AMI experience at least one housing problem. • 55% of White households with 30%-50% AMI experience at least one housing problem. • 76% of Asian households with 30%-50% AMI experience at least one housing problem. • 68% of Hispanic households with 30%-50% AMI experience at least one housing problem.
Sixty-six percent of households with 50%-80% AMI experience at least one housing problem. • 23% of Black households with 50%-80% AMI experience at least one housing problem. • 39% of White households with 50%-80% AMI experience at least one housing problem. • 74% of Asian households with 50%-80% AMI experience at least one housing problem. • 62% of Hispanic households with 50%-80% AMI experience at least one housing problem.
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Fifty-four percent of households with 80%-100% AMI experience at least one housing problem. • 33% of Black households with 80%-100% AMI experience at least one housing problem. • 63% of White households with 80%-100% AMI experience at least one housing problem. • 57% of Asian households with 80%-100% AMI experience at least one housing problem. • 32% of Hispanic households with 80%-100% AMI experience at least one housing problem.
The groups disproportionately affected by housing problems include:
• Black households in 0-30% AMI and 30-50% AMI; and
• White households in 80-100% AMI; and
• Asian households in 50%-80% AMI; and
In summary, lower income Black and Asian households are disproportionately affected by housing problems within the city. White moderate households are affected by housing problems.
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NA-20 Disproportionately Greater Need: Severe Housing Problems – 91.205 (b)(2)
Assess the need of any racial or ethnic group that has disproportionately greater need in comparison to the needs of that category of need as a whole.
Introduction
Per HUD definition, disproportionate housing needs is defined as “significant disparities in the proportion of members of a protected class experiencing a category of housing need when compared to the proportion of members of any other relevant groups or the total population experiencing that category of housing need in the applicable geographic area” (24 CFR § 5.152).
A household is considered severely overcrowded when there are more than 1.5 persons per room and severely cost burdened when paying more than 50 percent of household income toward housing costs. For renters, housing costs include rent paid by the tenant plus utilities.
For owners, housing costs include mortgage payment, taxes, insurance, and utilities. 0%-30% of Area Median Income
Severe Housing Problems* Has one or more
of four housing
problems
Has none of the
four housing
problems
Household has
no/negative
income, but none
of the other
housing problems
Jurisdiction as a whole 1,885 740 304
White 330 215 40
Black / African American 94 0 15
Asian 910 435 179
American Indian, Alaska Native 0 0 0
Pacific Islander 25 0 0
Hispanic 505 75 60
Table 17 – Severe Housing Problems 0 - 30% AMI
Data
Source:
2013-2017 CHAS
*The four severe housing problems are:
1. Lacks complete kitchen facilities, 2. Lacks complete plumbing facilities, 3. More than 1.5 persons per room, 4. Cost Burden over 50%
420
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30%-50% of Area Median Income
Severe Housing Problems* Has one or more
of four housing
problems
Has none of the
four housing
problems
Household has
no/negative
income, but none
of the other
housing problems
Jurisdiction as a whole 990 1,190 0
White 149 255 0
Black / African American 25 90 0
Asian 624 605 0
American Indian, Alaska Native 0 10 0
Pacific Islander 0 0 0
Hispanic 155 220 0
Table 18 – Severe Housing Problems 30 - 50% AMI
Data
Source:
2013-2017 CHAS
*The four severe housing problems are:
1. Lacks complete kitchen facilities, 2. Lacks complete plumbing facilities, 3. More than 1.5 persons per room, 4. Cost Burden over 50%
50%-80% of Area Median Income
Severe Housing Problems* Has one or more
of four housing
problems
Has none of the
four housing
problems
Household has
no/negative
income, but none
of the other
housing problems
Jurisdiction as a whole 765 1,785 0
White 70 225 0
Black / African American 10 34 0
Asian 540 1,075 0
American Indian, Alaska Native 0 0 0
Pacific Islander 40 0 0
Hispanic 80 420 0
Table 19 – Severe Housing Problems 50 - 80% AMI
Data
Source:
2013-2017 CHAS
*The four severe housing problems are:
1. Lacks complete kitchen facilities, 2. Lacks complete plumbing facilities, 3. More than 1.5 persons per room, 4. Cost Burden over 50%
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80%-100% of Area Median Income
Severe Housing Problems* Has one or more
of four housing
problems
Has none of the
four housing
problems
Household has
no/negative
income, but none
of the other
housing problems
Jurisdiction as a whole 505 1,809 0
White 10 225 0
Black / African American 10 65 0
Asian 395 1,189 0
American Indian, Alaska Native 0 0 0
Pacific Islander 0 0 0
Hispanic 80 235 0
Table 20 – Severe Housing Problems 80 - 100% AMI
Data
Source:
2013-2017 CHAS
*The four severe housing problems are:
1. Lacks complete kitchen facilities, 2. Lacks complete plumbing facilities, 3. More than 1.5 persons per room, 4. Cost Burden over 50%
Discussion
Sixty-four percent of households with 0%-30% AMI experience at least one severe housing problem.
• 86% of Black households with 0%-30% AMI experience at least one severe housing problem.
• 56% of White households with 0%-30% AMI experience at least one severe housing problem.
• 60% of Asian households with 0%-30% AMI experience at least one severe housing problem.
• 79% of Hispanic households with 0%-30% AMI experience at least one severe housing problem.
• 100% of Pacific Islander households with 0%-30% AMI experience at least one severe housing problem.
Forty-five percent of households with 30%-50% AMI experience at least one severe housing problem.
• 22% of Black households with 30%-50% AMI experience at least one severe housing problem.
• 37% of White households with 30%-50% AMI experience at least one severe housing problem.
• 51% of Asian households with 30%-50% AMI experience at one severe housing problem. 422
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• 41% of Hispanic households with 30%-50% AMI experience at least one severe housing problem.
Thirty percent of households with 50%-80% AMI experience at least one severe housing problem.
• 23% of Black households with 50%-80% AMI experience at least one severe housing problem.
• 24% of White households with 50%-80% AMI experience at least one severe housing problem.
• 33% of Asian households with 50%-80% AMI experience at least one severe housing problem.
• 16% of Hispanic households with 50%-80% AMI experience at least one severe housing problem.
• 100% of Pacific Islander households with 0%-30% AMI experience at least one severe housing problem.
Twenty-two percent of households with 80%-100% AMI experience at least one severe housing problem
• 13% of Black households with 80%-100% AMI experience at one severe housing problem.
• 4% of White households with 80%-100% AMI experience at least one severe housing problem.
• 25% of Asian households with 80%-100% AMI experience at least one severe housing problem.
• 25% of Hispanic households with 80%-100% AMI experience at least one severe housing problem.
The groups disproportionately affected by severe housing problems include:
• Black households between 0-30% AMI; and
• Hispanic households between 0-30% AMI; and
• Pacific Islander households with 0-30% AMI and 50-80% AMI In summary, extremely low-income households are disproportionately affected by severe housing problems.
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NA-25 Disproportionately Greater Need: Housing Cost Burdens – 91.205 (b)(2) Assess the need of any racial or ethnic group that has disproportionately greater need in comparison to the needs of that category of need as a whole.
Introduction:
Per HUD definition, disproportionate housing needs is defined as “significant disparities in the proportion of members of a protected class experiencing a category of housing need when compared to the proportion of members of any other relevant groups or the total population experiencing that category of housing need in the applicable geographic area” (24 CFR § 5.152).
A household is considered cost burdened if they pay more than 30 percent of their household income toward housing costs.
Housing Cost Burden
Housing Cost Burden <=30% 30-50% >50% No / negative
income (not
computed)
Jurisdiction as a whole 14,474 4,170 2,925 359
White 2,374 555 564 40
Black / African
American 330 110 140 15
Asian 10,115 2,769 1,524 229
American Indian,
Alaska Native 40 0 0 0
Pacific Islander 75 69 0 0
Hispanic 1,285 545 610 60
Table 21 – Greater Need: Housing Cost Burdens AMI
Data
Source:
2013-2017 CHAS
Discussion:
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As a whole, 32 percent of households are cost burdened and, of that percentage, 13 percent are severely cost burdened. Approximately 32% of White, 42% of Black, 29% of Asian, 48% of Pacific Islander, and 46 percent of Hispanic households are cost burdened. Of these percentages, both Black and Hispanic households contain more severe housing burdened households than not. Based on the data, we can conclude that Black, Pacific Islander, and Hispanic households are disproportionately severely cost burdened. 425
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NA-30 Disproportionately Greater Need: Discussion – 91.205(b)(2) Are there any Income categories in which a racial or ethnic group has disproportionately greater need than the needs of that income category as a whole? Among the lowest income categories, we see disparities in Black households experiencing a greater percentage of housing problems compared to other race/ethnicities. From the sections NA-15 and NA-20 above, we see only one commonality amongst the racial and ethnic groups.
The groups disproportionately affected by housing problems include:
• Black households in 0-30% AMI and 30-50% AMI; and
• White households in 80-100% AMI; and
• Asian households in 50%-80% AMI; and
The groups disproportionately affected by severe housing problems include:
• Black households between 0-30% AMI; and
• Hispanic households between 0-30% AMI; and
• Pacific Islander households with 0-30% AMI and 50-80% AMI Lower income Black households are disproportionately affected by severe housing problems.
This data is also striking because of the relative lack of Black households in Milpitas. Per the latest census data, a mere 2% of the population in Milpitas identifies as Black.
If they have needs not identified above, what are those needs? Any discussion on the experience of Black households experiencing a disproportionately greater housing need would be incomplete without at least an acknowledgement of systemic racism and housing discrimination. This is a topic that will not be covered in great detail here, but it bares noting that Black households have historically experienced the housing market very poorly. Discriminatory practices such as segregation and redlining have created generational inequities that cannot be undone easily.
The needs for this community are expressed in a more equitable way to navigate the housing market. Providing affordable housing, providing access to housing opportunities that can create wealth, such as homeownership. But most importantly, establishing that fair housing is truly fair to all and not just those who have the resources.
Generally speaking, more housing assistance resources are needed. Whether that comes as an increase in Section 8 funding or an increase in rental assistance funding to help tenants secure units and/or pay for some of the costs to move in. These resources are needed to help cure the imbalance felt by lower income tenants who spend 50% or more of their income on rent. 426
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Further resources are needed to help manage the Landlord-Tenant power imbalance.