AGENDA
February 23, 2022
CITY COUNCIL
LAW & REGULATION COMMITTEE
4:00 p.m.
Council Chambers
311 Vernon Street
Roseville, California
The meeting may be viewed on Comcast channel 14, Consolidated Communications channel 73, and AT&T U-Verse. City Council meetings are also video streamed live on the City’s website at roseville.ca.us/watch and roseville.ca.us/agenda, and the City’s YouTube channel at youtube.com/CityofRosevilleCa.
If you need a disability-related modification or accommodation to participate in this meeting, please contact Voice: 916-774-5200, TDD: 916-774-5220. Requests must be made as early as possible.
THE CITY OF ROSEVILLE WELCOMES YOUR PARTICIPATION
If an agenda item is open to public comment, such public comment shall be addressed to the chair of the meeting.
Public Comment
- Speakers have three minutes under Public Comment to speak on issues that
are not listed on the agenda and are within the City's jurisdiction. The Brown Act does not permit any action or discussion on items not listed on the agenda.
Consent Calendar
- If applicable, the Consent Calendar consists of routine items that may be approved by one motion. Any person can remove an item from the Consent Calendar to be discussed separately.
Agenda Items
- Speakers have five minutes to address items that are listed on the agenda.
Americans with Disabilities Act
- Notify the City Clerk or Secretary at least 72 hours in advance if special assistance is required to participate in a meeting including the need of auxiliary aids or services.
Audio/Visual Presentations
- If making a presentation regarding an agenda item, audio/visual materials must be submitted to the City Clerk or Secretary at least 72 hours in advance.
Roseville City Clerk 311 Vernon Street, Roseville, CA 916-774-5200 TDD 916-774-5220
1. CALL TO ORDER
2. SILENT ROLL CALL
3. PLEDGE OF ALLEGIANCE
4. PUBLIC COMMENTS
5. MINUTES
5.1. Minutes of Prior Meeting
Memo from Assistant City Clerk Helen Dreyer and City Clerk Carmen Avalos recommending the City Council Law & Regulation Committee members approve the minutes of the October 27, 2021 Law & Regulation Committee meeting.
CC #:
1933
File #:
0103-32-01
CONTACT:
Helen Dreyer 916-774-5356
[email protected]
6. REPORTS/COMMENTS/COMMITTEE/STAFF
6.1. State and Federal Priority Legislation – February 2022 Memo from Government Relations Administrator Mark Wolinski and Deputy City Manager Megan MacPherson Scheid with an overview of two-year bills that are on the state priority list of bills being tracked for various City departments. These bills passed their house of origin and will remain active through the legislative session until the determination of their final outcome. The report also provides an update on several priority bills that failed, active state initiatives and the Bipartisan Infrastructure Law.
CC #:
1934
File #:
0103-32-02
CONTACT:
Mark Wolinski 916-774-5179 [email protected]
6.2. Electric Department Priority Legislation - February 2022 Memo from Utility Government Relations Administrator Amber Blixt and Electric Utility Director Daniel Beans with a report that provides an overview of energy- related legislation and other activities that staff has been monitoring.
CC #:
1935
File #:
0103-32-02
CONTACT:
Amber Blixt 916-774-5693 [email protected]
6.3. Environmental Utilities Priority Legislation - February 2022 Memo from Utility Government Relations Administrator Noelle Mattock and Environmental Utilities Director Richard Plecker with an informational report on state and federal activities that staff have been engaged in and legislation that staff has identified as potentially having a significant impact on City utility customers and the Environmental Utilities Department.
CC #:
1936
File #:
0103-32-02
CONTACT:
Noelle Mattock 916-774-5504 [email protected]
7. ADJOURNMENT
CITY COUNCIL
Law & Regulation Committee
CC #:
1933
File #:
0103-32-01
Title:
Minutes of Prior Meeting
Contact:
Helen Dreyer 916-774-5356
[email protected]
Meeting Date: 2/23/2022
Item #: 5.1.
RECOMMENDATION TO COUNCIL
Approve the minutes of the October 27, 2021 Law & Regulation Committee meeting.
BACKGROUND
Not applicable.
FISCAL IMPACT
Not applicable.
ECONOMIC DEVELOPMENT / JOBS CREATED
Not applicable.
ENVIRONMENTAL REVIEW
Not applicable.
Respectfully Submitted,
Helen Dreyer, Assistant City Clerk
Carmen Avalos, City Clerk
ATTACHMENTS:
Description
October 27, 2021 Minutes
CITY COUNCIL
Law & Regulation Committee
CC #:
1934
File #:
0103-32-02
Title:
State and Federal Priority Legislation – February 2022
Contact:
Mark Wolinski 916-774-5179 [email protected]
Meeting Date: 2/23/2022
Item #: 6.1.
RECOMMENDATION TO COUNCIL
Staff requests the committee’s input on any of the bills and/or issues that are of particular importance to the committee.
BACKGROUND
The Legislature returned to the Capitol in early January to begin the second year of the legislative session. It is expected that the lawmakers will continue to focus on housing, climate change, impacts of COVID-19, and how to spend another significant budget surplus. The session has been busy from the onset due to this being the second year of the session and the requirement that two-year bills must pass their house of origin by the January 31 deadline. The bills in this report are representative of the two-year bills on the priority list of bills that passed their house of origin. The bills will continue through the required committee hearings and floor votes during the session until their final outcome is decided.
Public Safety
Specific to public safety, the Government Relations team continues to track issues and legislation that may have an impact on our law enforcement operations. From the start of this legislative cycle, the team identified 17 bills that passed their house of origin and became a two-year bill. Of those 17, two are highlighted below. The team is currently watching these bills but has identified them as bills that may have a future impact on hiring, staffing, training, or public safety related procedures. • AB 655 (Kalra)
Law Enforcement Accountability Reform Act. (Watch)
- This bill will, require
that a background investigation for specified peace officer positions, must include an inquiry into whether a candidate for has engaged in membership in a hate group, participation in any hate group activity, or advocacy of public expressions of hate, as specified, and as those terms are defined. Provides that certain findings would disqualify a person from employment.
Staff
comments: The department has taken a watch position on this legislation to understand the impacts it may have on our agency. The department takes the affiliation of hate groups and or hate speech very seriously and currently uses a variety of investigative methods to disqualify candidates that do not meet the standards and values set forth by the City of Roseville.
The department currently complies will all Police Officer Standards and Training (POST) regulations as it relates to background investigations and any legislative changes would be incorporated into our background investigations process.
• AB 662 (Rodriguez) Mental Health: Dispatch and Response Protocols. (Watch) - This bill
will, require the Health and Human Services Agency to convene a working group to examine the existing dispatch and response protocols when providing emergency medical services to an individual who may require evaluation and treatment for a mental health disorder. Requires the working group to develop recommendations for improvements to those protocols and recommend amendments to the provisions governing involuntarily taking an individual into temporary custody for a mental health evaluation and treatment.
Staff comments: The department has taken a
watch position on this legislation to understand the impacts it may have on our agency.
Any adjustment to dispatch protocols and police response should be carefully analyzed. The police department has existing policies and practices in place when responding to calls for service involving individuals with possible mental health factors. Additionally, the department currently partners with County Health and Human Services to provide social service resources for families and individuals experiencing mental health emergencies.
Additionally, staff is tracking issues that have been presented by the Governor which may take eventual legislative form. The Governor charged Attorney General Rob Bonta with the task of drafting legislation which would allow a private citizens to sue anyone who manufactures, distributes or sells illegal assault weapons or DIY “ghost” guns. Several legislators have come forward, stating they would introduce a bill, along the lines of what the Governor indicated, allowing private lawsuits against makers of assault weapons and ghost guns, plus legislation to ban ghost guns outright. Other legislators have also said they will introduce a separate bill to make it easier for gun violence victims and survivors to sue gun makers and dealers.
Although these concepts are still in draft form, we anticipate these bills to fall into our priority tracking list. More information will be forthcoming as more details are known and actual legislation is introduced.
Other Active Priority Bills - Housing, Cybersecurity, Land Use/Zoning, Libraries, and Permitting for Solar Systems
• AB 411 (Irwin) - Veterans Housing and Homeless Prevention Bond Act of 2022 (Watch) -
This bill would enact the Veterans Housing and Homeless Prevention Bond Act of 2022 (VHHPA) to authorize the issuance of bonds in an amount not to exceed $600 million to provide additional funding for the VHHPA. The bill would provide for the handling and disposition of the funds in the same manner as the 2014 bond act.
Staff comments:
There are more than 11,000 homeless
veterans in California, and even more experiencing housing insecurity. AB 411 would provide assistance to veterans who are homeless or who need affordable rental housing to secure housing for themselves and their families. Staff is watching this bill to understand the outcomes and opportunities that might exist to help veterans in Placer County if this bond were to be approved.
•
AB 581 (Irwin) – Cybersecurity (Support)
- This bill would require all state agencies, as
generally defined, to review and implement specified National Institute of Standards and Technology (NIST) guidelines for, among other things, reporting, coordinating, publishing, and receiving information about a security vulnerability relating to information systems and the resolution thereof, no later than July 1,2023.
Staff comments: Staff supports this bill due to
the importance of a strong and integrated cybersecurity system. NIST is a respected cybersecurity standard setter, known for careful and thorough development of frameworks that help organizations understand and mitigate cybersecurity risks. NIST's current work on coordinated vulnerability disclosure (CVD) best practices will become the standard for U.S. federal government CVD programs and is logical guidance for the State of California as it implements its own CVD programs. •
AB 916 (Salas) Zoning: accessory dwelling units: bedroom addition (Watch) - This bill
would prohibit a city or county legislative body from adopting or enforcing an ordinance requiring a public hearing as a condition of adding space for additional bedrooms or reconfiguring existing space to increase the bedroom count within an existing house, condominium, apartment, or dwelling. The bill would include findings that ensuring adequate housing is a matter of statewide concern and is not a municipal affair, and that the provision applies to all cities, including charter cities.
Staff comments: Staff has taken a watch position on this bill to understand any changes the City would be required to make if the bill were signed into law. This bill increases the potential building height of an ADU a local government must approve ministerially from 16 feet to 18 feet if the ADU is proposed on a lot with an existing multistory, multifamily development. ADUs proposed on a lot with a single-family dwelling, regardless of the height of the existing dwelling unit, will remain capped at 16 feet.
•
SB 34 (Umberg) Libraries: student success cards (Watch) - This bill would require the
State Department of Education to develop and implement a competitive grant program to award one-time funding to local educational agencies, library districts, and public libraries for the purpose of providing every public school pupil enrolled in the local educational agency with a student success card. The bill would require a local educational agency, library district, or public library that applies for grant funding to submit a grant application, as specified, and would require grant recipients to enter into a memorandum of agreement or memorandum of understanding, as specified.
Staff comments: The City has taken a watch position on this bill to understand the process, requirements, and funding that might be available to City libraries when entering into an agreement to implement a student success card program.
•
SB 379 (Wiener) Residential solar energy systems: permitting (Oppose) - This bill would
require every city, county, or city and county to implement an online, automated permitting platform that verifies code compliance and issues permits in real time for a solar energy system that is no larger than 38.4 kilowatts alternating current nameplate rating and an energy storage system paired with a solar energy system that is no larger than 38.4 kilowatts alternating current nameplate rating.
The bill would require a city or county to amend a certain ordinance to authorize a solar energy system and an energy storage system to use the online, automated permitting platform.
Staff
comments: The City has taken an oppose position on this bill primarily because it would require the City to install a new online permitting program that would, upon completion of an online application, issue a permit for a residential solar rooftop system. This type of online “check box” format would preclude the City from any level of review of the solar system until installation of the system has begun and inspections are called for as defined by the permit.
State Priority Bills - Failed
The following bills provide an overview of several two-year priority bills that did not pass their house of origin and have become failed bills.
•
AB 115 (Bloom) Planning and zoning: commercial zoning: housing development (Oppose)
- The bill would require the city or county to apply certain height, density, and floor area ratio standards to a housing development that meets these criteria. The bill would deem a housing development consistent, compliant, and in conformity with local development standards, zoning codes or maps, and general plan if it meets the requirements of the bill. The bill would require a jurisdiction to comply with these requirements only until it has completed the rezoning, required as described above, for the 6th revision of its housing element. The bill would repeal these provisions as of January 1, 2031.
Staff comments: This bill would have allowed by-right
development of housing in commercial zones without regard for use compatibility.
Furthermore, the bill would have had implications on permitting commercial uses from locating in a commercial center because they would cause noise or other conflicts with an existing residential use.
•
SB 765, as introduced, Stern. Accessory dwelling units: setbacks (Oppose Unless Amended)
- This bill would have authorized an accessory dwelling unit applicant to submit a request to the local agency for an alternative rear and side yard setback requirement if the local agency's setback requirements make the building of the accessory dwelling unit infeasible.
Staff
comments: The City had concerns with the bill as it would have allowed an applicant for an ADU to request an alternative rear and side yard setback requirement based on specific site topographical conditions if the city's or county's setback requirements make construction of the ADU infeasible.
•
AB 672 (Cristina Garcia) Publicly owned golf courses: conversion: affordable housing (Opposed)
- This bill would have required the department to administer a program to provide incentives in the form of grants to local agencies that enter into a development agreement to convert a golf course owned by the local agency into housing and publicly accessible open space, as specified.
Staff comments: The City had taken an opposed position on the bill based on a concern that it could have morphed into a requirement that locally owned golf courses would have been required to convert public golf courses into housing developments.
Initiatives
This year, as in many election years in the recent past, a large number of initiatives have been submitted to the Attorney General to begin the process of qualifying for the ballot. Currently, there are forty-three active initiatives that can begin collecting signatures. Before initiative proponents may gather signatures, the Attorney General prepares an official title and summary for the proposed law, the California Legislative Analyst’s Office submits a report on its estimated fiscal effects, there is a 30-day public review period that begins after the Attorney General receives the submission and the filing fee, where any member of the public may submit public comments on the proposed initiative. The Attorney General then prepares the official title and summary after the public review period.
After gaining approval, proponents have 180 days to gather the required number of signatures (the Secretary of State sets the official deadline within one day after receiving the title and summary from the Attorney General).
The following are 4 active initiatives that staff is following that would have significant implications to the City if they were approved:
•
12-0010A1 – Amends Laws Regarding Police Officer Use of Force, Training, Body Camera and Budget Requirements
-
Summary Date: 10/27/2021; Circulation Deadline:
04/25/2022; Signatures Required: 623,212
-Seeks to limit when police officers may be shielded
from liability for excessive force under the federal “qualified Immunity” defense. Requires officers found guilty of excessive force be fired and barred from future service. Requires officers report, and intervene to stop, use of force by other officers. Requires use of body cameras during all on- duty interactions with public, and online posting of all incident recordings. Requires 20 percent of police departments’ budgets and on-duty office time be used for training.
• 12-0016A1 – Provides That Local Land-Use and Zoning Laws Override Conflicting State Laws. Constitutional Amendment. Constitutional Initiative -
Summary Date:
11/01/2021; Circulation Deadline: 0/5/02/2022; Signatures Required: 997,139 - Provides that
city and county land-use and zoning laws (including local housing laws) override all conflicting state laws, except in certain circumstances related to three areas of statewide concern: (1) the California Coastal Act of 1976; (2) siting of power plants; or (3) development of water, communication, or transportation infrastructure projects. Prevents state legislature and local legislative bodies from passing laws invalidating voter-approved local land-use or zoning initiatives.
Prohibits state from changing, granting, or denying funding to local governments based on their implementation of this measure.
• 21-0042A1 – Limits Ability of Voters and State and Local Governments to Raise Revenues for Government Services. Constitutional Initiative -
Summary Date: 02/03/2022;
Circulation Deadline: 08/02/2022; Signatures Required: 997,139 - For new or increased state
taxes currently enacted by two-thirds vote of Legislature, also requires statewide election and majority voter approval. Limits voters’ ability to pass voter-proposed local special taxes by raising vote requirement to two-thirds. Eliminates voters’ ability to advise how to spend revenues from proposed general tax on same ballot as the proposed tax. Expands definition of “taxes” to include certain regulatory fees, broadening application of tax approval requirements. Requires Legislature or local governing body set certain other fees.
•
12-0041 –Authorizes Felony Sentences for Certain Thefts Under $950. Requires Longer Sentences for Specified Property Losses.
-
Summary Date: 01/27/2021; Circulation
Deadline: 07/26/2022; Signatures Required: 623,212
- Authorizes prosecutors to file felony or
misdemeanor charges for thefts of any amount under $950—currently chargeable as felonies only in certain circumstances—against any person with two or more prior specified theft convictions.
Adds mandatory sentencing enhancement for any felony resulting in significant property loss or damage, ranging from one additional year for losses over $50,000, to four years for losses over $3,000,000, plus one year for each additional $3,000,000. Authorizes prosecution for theft in any county where acts in furtherance occurred.
Staff continues to monitor the initiatives that are submitted to the Attorney General for review and approval and will track those that are of concern to understand if the proponent is successful in qualifying the initiative for the ballot. Information on the initiatives is also shared with City department’s that would be impacted by an initiative if it qualifies for the ballot and is approved by the voters.
Federal
Late last year, President Biden signed the Bipartisan Infrastructure bill into law. The new law is historic in its size and allocates funding to over 350 distinct programs across more than a dozen federal departments and agencies. The White House recently released a detailed guidebook (465 pages) aimed at helping state, Tribal and local governments understand what funding is available, what to apply for, who to contact, and how best to begin building and upgrading critical infrastructure.
Additionally, the guidebook also provides critical dates and date ranges for key activities, along with planning activities that can be done to prepare for these programs coming across 2022 and 2023. The online version of the guidebook is found at
https://www.whitehouse.gov/build/
this
site also provides a resource to quickly sort and filter programs by agency, issue or eligible recipient to better understand the available funding within the Bipartisan Infrastructure Law. The online resource will continue to be updated to ensure communities are able to take advantage of the opportunity this new funding presents.
While it is true that the new law provides a tremendous level of funding for various types of projects and infrastructure improvements it is important to recognize that much of the funding is still being distributed through existing programs and/or through a formula based format. This structure will likely prevent Roseville and other cities from realizing access to the funding available in the new law. Furthermore, in some instances funding is provided directly to the state for distribution. Once again, based on the distribution format funding may not be available at the local level if a city or county doesn’t meet the requirements defined to apply for the funds.
Nevertheless, City departments are reviewing the guidebook to identify opportunities that may exist to fund projects that are important to the City.
Conclusion
Government relations staff will continue to track and advocate on the 2-year priority bills and will continue to review all new bills that are introduced by February 18, which is the final day for bill introduction. Staff will also work with the City’s federal lobbyist team to identify possible funding opportunities for City projects in the Bipartisan Infrastructure Law.
FISCAL IMPACT
The costs of these activities are contained within the City’s current budget.
ECONOMIC DEVELOPMENT / JOBS CREATED
The activities detained in this report will not result in job development or creation.
ENVIRONMENTAL REVIEW
The California Environmental Quality Act (CEQA) does not apply to activities that will not result in a direct or reasonably foreseeable indirect physical change in the environment, or is otherwise not considered a project as defined by CEQA Statute §21065 and CEQA State Guidelines §15060(c)(3) and §15378.
The action of reviewing legislation meets the above criteria and is not subject to CEQA.
No additional environmental review is required.
Respectfully Submitted,
Mark Wolinski, Government Relations Administrator
Megan Scheid, Deputy City Manager
ATTACHMENTS:
Description
Priority Legislation 2-Year -Attachment A
State Priority Tracked Legislation – Two-Year Bills – Passed House of Origin
1. CA AB 411 .......................................................................................................................................................... 1 VETERANS HOUSING AND HOMELESS PREVENTION BOND ACT ................................................................................................ 1
2. CA AB 581 .......................................................................................................................................................... 2 CYBERSECURITY .............................................................................................................................................................. 2
3. CA AB 655 .......................................................................................................................................................... 3 LAW ENFORCEMENT ACCOUNTABILITY REFORM ACT ............................................................................................................. 3
4. CA AB 847 .......................................................................................................................................................... 4 ELECTRICALLY CONDUCTIVE BALLOONS ............................................................................................................................... 4
5. CA AB 916 .......................................................................................................................................................... 6 ZONING: ACCESSORY DWELLING UNITS: BEDROOM ADDITION ................................................................................................ 6
6. CA AB 1110 ........................................................................................................................................................ 7 ZERO-EMISSION VEHICLES; CLEAN VEHICLES OMBUDSPERSON ................................................................................................ 7
7. CA AB 1232 ........................................................................................................................................................ 8 COMMUNITY COLLEGES: NONRESIDENT TUITION FEES: ENGLISH ............................................................................................. 8
8. CA AB 1551 ........................................................................................................................................................ 9 ZONING: DEVELOPMENT BONUSES: MIXED-USE PROJECTS .................................................................................................... 9
9. CA SB 34 ........................................................................................................................................................... 10 LIBRARIES: STUDENT SUCCESS CARDS ............................................................................................................................... 10
10. CA SB 45 ......................................................................................................................................................... 11 SHORT-LIVED CLIMATE POLLUTANTS: ORGANIC WASTE REDUCTION ...................................................................................... 11
11. CA SB 230 ....................................................................................................................................................... 12 STATE WATER RESOURCES CONTROL BOARD: CONSTITUENTS ............................................................................................... 12
12. CA SB 387 ....................................................................................................................................................... 13 PUPIL HEALTH: YOUTH MENTAL AND BEHAVIORAL HEALTH .................................................................................................. 13
13. CA SB 396 ....................................................................................................................................................... 14 ELECTRICAL TRANSMISSION OR DISTRIBUTION LINE: CLEARANCE ........................................................................................... 14
1. CA AB 411
Author: Irwin (D)
Coauthor Daly (D), Boerner Horvath (D), Ramos (D), Wicks (D) Title: Veterans Housing and Homeless Prevention Bond Act
Fiscal
Committee: yes
Urgency
Clause: no
Disposition: Pending
Location: SENATE
Code
Section:
An act to add Article 5aa (commencing with Section 998.700) to Chapter 6 of Division 4 of the Military and Veterans Code, relating to veterans' housing, by providing the funds necessary therefor through an election for the issuance and sale of bonds of the State of California and for the handling and disposition of those funds.
Summary: Enacts the Veterans Housing and Homeless Prevention Bond Act of 2022.
Authorizes the issuance of bonds in an amount not to exceed a specified amount to provide additional funding for the Veterans Housing and Homeless Prevention Act of 2014. Provides for the handling and disposition of the funds in the same manner as the 2014 bond act. Provides for the submission of the bond act to the voters at a specified date, statewide primary election.
Digest: This bill would enact the Veterans Housing and Homeless Prevention Bond Act of 2022 to authorize the issuance of bonds in an amount not to exceed $600,000,000 to provide additional funding for the VHHPA. The bill would provide for the handling and disposition of the funds in the same manner as the 2014 bond act.
The bill would provide for the submission of the bond act to the voters at the March 5, 2024, statewide primary election.
Introduced: 02/03/2021
Last Amend: 01/24/2022
Status: 01/31/2022 In ASSEMBLY. Read third time. Passed ASSEMBLY. *****To SENATE. (75-0)
Department: Finance, Housing, PAC, PD
Position: 2YearBill, Watch
Priority: StatePriority
Subject: Homelessness
2. CA AB 581
Author: Irwin (D)
Title: Cybersecurity
Fiscal
Committee: yes
Urgency
Clause: no
Disposition: Pending
Location: SENATE
Code
Section:
An act to add Section 11549.3.5 to the Government Code, relating to cybersecurity.
Summary: require the chief to review the National Institute of Standards and Technology guidelines and to create, update, and publish any appropriate standards or procedures in the State Administrative Manual and Statewide Information Management Manual to apply the National Institute of Standards and Technology guidelines to state agencies and state entities no later than a specified date.
Digest: This bill would require all state agencies, as generally defined, to review and implement specified National Institute of Standards and Technology (NIST) guidelines for, among other things, reporting, coordinating, publishing, and receiving information about a security vulnerability relating to information systems and the resolution thereof, no later than July 1, 2023. The bill would require the chief to review the NIST guidelines and to create, update, and publish any appropriate standards or procedures in the State Administrative Manual and Statewide Information Management Manual to apply the NIST guidelines to state agencies and state entities no later than April 1, 2023.
The bill would authorize a state agency, and require certain state agencies and state entities, to satisfy their requirement to implement NIST guidelines by adopting those standards and procedures published in the State Administrative Manual and Statewide Information Management Manual. The bill would require the office to provide assistance to any state agencyor state entity that requests assistance in implementing the guidelines or the standards and procedures, and to provide operational and technical assistance to state agenciesand state entities on reporting, coordinating, publishing, and receiving information about cybersecurity vulnerabilities of information systems, until that agencyor entity withdraws their request for assistance with implementation or cybersecurity.
Introduced: 02/11/2021
Last Amend: 01/24/2022
Status: 01/31/2022 In ASSEMBLY. Read third time. Passed ASSEMBLY. *****To SENATE. (74-0)
Department: IT
Position: 2YearBill, Watch
Priority: StatePriority
3. CA AB 655
Author: Kalra (D)
Coauthor Levine (D), Stone (D)
Title: Law Enforcement Accountability Reform Act
Fiscal
Committee: yes
Urgency
Clause: no
Disposition: Pending
Location: SENATE
Code
Section:
An act to add Title 4.9 (commencing with Section 13680) to Part 4 of the Penal Code, relating to peace officers.
Summary: Requires that background investigation to include an inquiry into whether a candidate for specified peace officer positions has engaged in membership in a hate group, participation in any hate group activity, or advocacy of public expressions of hate, as specified, and as those terms are defined. Provides that certain findings would disqualify a person from employment.
Digest: This bill would require that background investigation to include an inquiry into whether a candidate for specified peace officer positions has engaged in membership in a hate group, participation inany hate group activity, oradvocacy of public expressions of hate, as specified, and as those terms are defined. The bill would provide that certain findings would disqualify a person from employment.
This bill would require an agency to investigate, as specified, any internal complaint or complaint made by the public that alleges, as specified, that a peace officer engaged in membership in a hate group, participation inany hate group activity, oradvocacy of public expressions of hate. The bill would provide that certain findings would require the employing agency to remove that peace officer from appointment as a peace officer. This bill would also require the Department of Justice to adopt and promulgate guidelines for the investigation and adjudication of these complaints by local agencies.
This bill would exempt from confidentiality the record of any sustained complaint that a peace officer has engaged in membership in a hate group, participation inany hate group activity, oradvocacy of public expressions of hate.
This bill would make legislative findings to that effect.
This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason.
Introduced: 02/12/2021
Last Amend: 01/24/2022
Status: 01/31/2022 In ASSEMBLY. Read third time. Passed ASSEMBLY. *****To SENATE. (47-18)
Department: CityAttorney, HR, PD
Position: 2YearBill, Watch
Priority: StatePriority
4. CA AB 847
Author: Quirk (D)
Coauthor Gonzalez (D)
Title: Electrically Conductive Balloons
Fiscal
Committee: yes
Urgency
Clause: no
Disposition: Pending
Location: SENATE
Code
Section:
An act to amend and repeal Section 22942 of the Business and Professions Code, and to add Section 15477 to the Government Code, relating to business.
Summary: Requires a business that sells or manufactures a celebratory balloon that is constructed of electrically conductive material to permanently mark the balloon with specified information, including the dangers of releasing balloons which may contact overhead power lines and the identity of the manufacturer.
Digest: This bill would make these provisions inoperative on September 1, 2026.
The bill would require the Office of Energy Infrastructure Safety, on or before September 1, 2024, in consultation with the Office of Emergency Services, to adopt regulations governing the sale or manufacture in the state of celebratory balloons constructed of electrically conductive material and filled with lighter than air gas. The bill would require the regulations to do certain things, including requiring that the balloons pass a standard test performed by a reputable electric testing center without causing a fault at high-voltage electric distribution levels, as provided.
This bill would require a business that sells or manufactures a celebratory balloon that is constructed of electrically conductive material to permanently mark the balloon with specified information, including the dangers of releasing balloons which may contact overhead power lines and the identity of the manufacturer. The bill would also require a business that sells or manufactures a celebratory balloon that is constructed of electrically conductive material that is filled with lighter than air gas to affix an object of sufficient weight to the balloon or its appurtenance, as provided, and prohibits the business from attaching an electrically conductive string, or other object, to the balloon.
The bill, on and after September 1, 2026, would prohibit a business from selling or offering for sale, and a manufacturer from manufacturing for sale, a celebratory balloon made of electrically conductive material unless the balloon complies with these provisions.
The bill would make a business or person violating these provisions subject to a civil penalty of $50 for each violation.
Introduced: 02/17/2021
Last Amend: 05/24/2021
Status: 01/20/2022 In ASSEMBLY. Read third time. Passed ASSEMBLY. *****To SENATE. (62-0)
Department: Electric
Position: Watch
Priority: StatePriority
5. CA AB 916
Author: Salas (D)
Coauthor Quirk-Silva (D)
Title: Zoning: Accessory Dwelling Units: Bedroom Addition Fiscal
Committee: yes
Urgency
Clause: no
Disposition: Pending
Location: SENATE
Code
Section:
An act to amend Section 65852.2 of, and to add Section 65850.02 to, the Government Code, relating to housing.
Summary: Prohibits a city or county legislative body from adopting or enforcing an ordinance requiring a public hearing as a condition of adding space for additional bedrooms or reconfiguring existing space to increase the bedroom count within an existing house, condominium, apartment, or dwelling.
Includes findings that ensuring adequate housing is a matter of statewide concern and is not a municipal affair, and that the provision applies to all cities, including charter cities.
Digest: This bill would prohibit a city or county legislative body from adopting or enforcing an ordinance requiring a public hearing as a condition of adding space for additional bedrooms or reconfiguring existing space to increase the bedroom count within an existing house, condominium, apartment, or dwelling. The bill would include findings that ensuring adequate housing is a matter of statewide concern and is not a municipal affair, and that the provision applies to all cities, including charter cities.
This bill would instead authorize a local agency to establish a height limitation of 18 feet for those accessory dwelling units located on a lot that has an existing multifamily and multistory dwelling. The bill would specify that a local agency shall ministerially approve an application for a building permit within a residential or mixed-use zone to create not more than 2 accessory dwelling units that are located on a lot that has an existing multifamily dwelling, but are detached from that multifamily dwelling and are subject to a height limitation of 18 feet.
This bill would provide that no reimbursement is required by this act for a specified reason.
Introduced: 02/17/2021
Last Amend: 01/03/2022
Status: 01/27/2022 In ASSEMBLY. Read third time. Passed ASSEMBLY. *****To SENATE. (61-0)
Department: CityAttorney, EU, Planning
Position: 2YearBill, Watch
Priority: StatePriority
6. CA AB 1110
Author: Rivas R (D)
Coauthor Garcia (D), Stone (D), Chiu (D), Archuleta (D) Title: Zero-Emission Vehicles; Clean Vehicles Ombudsperson Fiscal
Committee: yes
Urgency
Clause: no
Disposition: Failed
Location: ASSEMBLY
Code
Section:
An act to amend Sections 63048.92 and 63048.93 of, to add Chapter 14 (commencing with Section 14990) to Part 5.5 of Division 3 of Title 2 of, and to add and repeal Article 8.5 (commencing with Section 12100.87) of Chapter 1.6 of Part 2 of Division 3 of Title 2 of, and to repeal Section 14992 of, the Government Code, relating to climate catalyst projects.
Summary: Establishes the Clean Vehicles Ombudsperson, to be appointed by and report directly to the Director of GO-Biz, and would require the ombudsperson to consult with appropriate entities in identifying available programs and incentives offered by the state that can help to reduce costs and increase participation in a statewide contract or leveraged procurement agreement, as described below. Requires the ombudsperson to convene 2 or more workshops of an advisory committee to aid ombudsperson.
Digest: This bill would establish the Clean Vehicles Ombudsperson, to be appointed by and report directly to the Director of GO-Biz, and would require the ombudsperson to consult with appropriate entities in identifying available programs and incentives offered by the state that can help to reduce costs and increase participation in a statewide contract or leveraged procurement agreement, as described below. The bill would also require the ombudsperson to convene2 or more workshops of an advisory committee to aid the ombudsperson in identifying and publishing best practices in adopting zero-emission fleet vehicles for public agencies and identifying appropriate candidate vehicles for bulk purchase, leveraged procurement, or other means of widespread adoption by public entities, as specified. The bill would also require the ombudsperson to develop, and recommend that DGS adopt, criteria for evaluating vehicle purchaseoptions or other means of widespread and streamline adoption options, as provided. The bill would repeal these provisions establishing and setting forth the powers and dutiesof the ombudsperson as of January 1, 2027.
The bill would require DGS, based on information provided by the ombudsperson and the advisory committee workshops as described above, to evaluate the existing programs the department operates to assess how these programs may be modified, advertised, or expanded to include new options designed to significantly expand participation by public agencies and accelerate zero-emission vehicle adoption, as specified. The bill would require the department to issue a statewide contract or leveraged procurement agreement and, at minimum, to consider establishing standard pricing for the procurement of zero-emission fleet vehicles, taking into consideration any applicable financial incentives and low-cost financing options that are available to public agencies for the purchase of those vehicles.
This bill would expressly provide that the acquisition of a zero-emission fleet vehicle pursuant to a statewide contract or leveraged procurement agreement, developed as described above, is a climate catalyst project eligible for financial assistance under the Climate Catalyst Revolving Loan Fund Program. The bill would require the Strategic Growth Council to review and make a recommendation on providing financial assistance under the program to include loan loss reserves, revolving loan funds, and other financial instruments to facilitate climate catalyst projects that consist of the acquisition of zero-emission fleet vehicles pursuant to a statewide contract or leveraged procurement agreement,developed as described above, or other agreements pursued upon the advice of the Clean Vehicles Ombudsperson to accelerate zero-emission vehicle adoption by public agencies.
Introduced: 02/18/2021
Last Amend: 08/26/2021
Status: 02/01/2022 Died on Inactive File.
Department: EU, Fleet
Position: Watch
Priority: StatePriority
7. CA AB 1232
Author: McCarty (D)
Title: Community Colleges: Nonresident Tuition Fees: English Fiscal
Committee: yes
Urgency
Clause: no
Disposition: Pending
Location: SENATE
Code
Section:
An act to amend Section 8170 of the Civil Code, relating to works of improvement. An act to amend Section 76140 of the Education Code, relating to community colleges.
Summary: Adds an exception to the requirement for payment of nonresident tuition for specified nonresident students enrolled in a credit English as a second language course. Extents that this provision would impose new duties on community college districts, it would constitute a state mandated local program. Provides that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Digest: This bill would add an exception to the requirement for payment of nonresident tuition for specified nonresident students enrolled in a credit English as a second language course. To the extent that this provision would impose new duties on community college districts, it would constitute a state-mandated local program.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Introduced: 02/19/2021
Last Amend: 01/04/2022
Status: 01/27/2022 In ASSEMBLY. Read third time. Passed ASSEMBLY. *****To SENATE. (67-0)
Department: CityAttorney, EU, Housing, PW, Parks
Position: 2YearBill, Watch
Priority: StatePriority
8. CA AB 1551
Author: Santiago (D)
Title: Zoning: Development Bonuses: Mixed-Use Projects
Fiscal
Committee: yes
Urgency
Clause: no
Disposition: Pending
Location: SENATE
Code
Section:
An act to add and repeal Section 65915.7 to of the Government Code, relating to housing.
Summary: Reenacts certain provisions regarding the granting of development bonuses to certain projects. Requires a city or county to annually submit to the Department of Housing and Community Development information describing an approved commercial development bonus. Repeals these provisions on specified date.
Digest: This bill would reenact the above-described provisions regarding the granting of development bonuses to certain projects. The bill would require a city or county to annually submit to the Department of Housing and Community Development information describing an approved commercial
development bonus.The bill would repeal these provisions on January 1, 2028. By adding to the duties of local planning officials, this bill would impose a state-mandated local program.
The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.
This bill would provide that no reimbursement is required by this act for a specified reason.
Introduced: 02/19/2021
Last Amend: 01/13/2022
Status: 01/27/2022 In ASSEMBLY. Read third time. Passed ASSEMBLY. *****To SENATE. (61-0)
Department: CityAttorney, EconDevelop, Planning
Position: 2YearBill, Oppose
Priority: StatePriority
Subject: Housing
9. CA SB 34
Author: Umberg (D)
Title: Libraries: Student Success Cards
Fiscal
Committee: yes
Urgency
Clause: yes
Disposition: Pending
Location: ASSEMBLY
Code
Section:
An act to add Chapter 4.7 (commencing with Section 18885) to Part 11 of Division 1 of Title 1 of the Education Code, relating to libraries, and declaring the urgency thereof, to take effect immediately.
Summary: Requires the State Department of Education to develop and implement a competitive grant program to award one-time funding to local educational agencies, as defined, library districts, and public libraries for the purpose of providing every public school pupil enrolled in the local educational agency with a student success card.
Digest: This bill would require the State Department of Education to develop and implement a competitive grant program to award one-time funding to local educational agencies, as defined, library districts, and public libraries for the purpose of providing every public school pupil enrolled in the local educational agency with a student success card. The bill would require a local educational agency, library district, or public library that applies for grant funding to submit a grant application, as specified, and would require grant recipients to enter into a memorandum of agreement or memorandum of understanding, as specified. The bill would require a memorandum of
agreement or memorandum of understanding to include specified elements and would authorize the memorandum of agreement or memorandum of understanding to be renewed. The bill would require the California State Library to make available sample language for memorandums of agreement or memorandums of understanding that may be used by local educational agencies, library districts, and public libraries. The bill, on or before January 1, 2028, would require a library district or public library that received grant funding, after the expiration of each initial memorandum of agreement or memorandum of understanding, to report specified statistics to the California State Library and the Legislature, including, among other statistics, any increase in the use of library books or eBooks during the initial period. The bill would make implementation of the grant program contingent upon an appropriation in the annual Budget Act or other statute for these purposes.
Introduced: 12/07/2020
Last Amend: 05/20/2021
Status: 01/24/2022 In SENATE. Read third time, urgency clause adopted. Passed SENATE. *****To ASSEMBLY. (30-4)
Department: Parks
Position: Watch
Priority: StatePriority
10. CA SB 45
Author: Portantino (D)
Coauthor Atkins (D), Glazer (D), Dodd (D), Archuleta (D), Gonzalez (D), Cortese (D), Hertzberg (D), Allen (D), Stern (D), Hurtado (D), Rubio (D) Title: Short-lived Climate Pollutants: Organic Waste Reduction Fiscal
Committee: yes
Urgency
Clause: no
Disposition: Pending
Location: ASSEMBLY
Code
Section:
An act to add Division 47 (commencing with Section 80200) to the Public Resources Code, relating to a wildfire prevention, safe drinking water, drought preparation, and flood protection program, by providing the funds necessary therefor through an election for the issuance and sale of bonds of the State of California and for the handling and disposition of those funds.
Section 42655 to the Public Resources Code, relating to solid waste.
Summary: Requires the State Air Resources Board, no later than January 1, 2018, to approve and begin implementing a short-lived climate pollutant strategy.
Requires the department, in consultation with the state board, to provide assistance to local jurisdictions, including, but not limited to, any funding appropriated by the Legislature in the annual Budget Act, for purposes of assisting local agencies to comply with these provisions, including any regulations adopted by the department.
Digest: This bill would require the department, in consultation with the state board, to provide assistance to local jurisdictions, including, but not limited to, any funding appropriated by the Legislature in the annual Budget Act, for purposes of assisting local agencies to comply with these provisions, including any regulations adopted by the department.
Introduced: 12/07/2020
Last Amend: 01/03/2022
Status: 01/24/2022 In SENATE. Read third time. Passed SENATE. *****To ASSEMBLY. (36-0)
Department: DevelopmentSvcs, EU, PW, Parks, Planning
Position: 2YearBill, SupportIfAmended
Priority: StatePriority
11. CA SB 230
Author: Portantino (D)
Title: State Water Resources Control Board: Constituents Fiscal
Committee: yes
Urgency
Clause: no
Disposition: Pending
Location: ASSEMBLY
Code Section: An act to add Article 3.6 (commencing with Section 116416) to Chapter 4 of Part 12 of Division 104 of the Health and Safety Code, relating to drinking water.
Summary: Requires the State Water Resources Control Board to establish, maintain, and direct, a dedicated program called the Constituents of Emerging Concern in Drinking Water Program for a specified number of years to assess the state of information and recommend areas for further study on, among other things, the occurrence of Constituents of Emerging Concern in drinking water sources and treated drinking water; relates to appropriation.
Digest: This bill would require the state board to establish, maintain, and direct a dedicated program called the Constituents of Emerging Concern in Drinking Water Program for 5 years to assess the state of information and recommend areas for further study on, among other things, the occurrence of constituents of emerging concern (CEC) in drinking water sources and treated drinking water. The bill would require the state board to convene, by an unspecified date, the Science Advisory Panel for 3 years to review and provide recommendations to the state board on CECs for further action, among other duties. The bill would require the state board to provide a final report to the Legislature by June 1, 2026, on the work conducted by the panel.
The bill would establish in the State Treasury the CEC Action Fund and would require moneys in the fund to be used, upon appropriation by the Legislature, for costs associated with implementing and administering the program, as specified.
The bill would authorize the state board, upon appropriation by the Legislature, to provide financial assistance to certain public water systems upon a showing that the costs of testing drinking water in compliance with CEC monitoring requirements based on the recommendations of the panel would impose a financial hardship.
The bill would impose requirements on the state board in connection with the program, including, among others, maintaining a program internet website and making relevant research, reports, and data available to the public.
The bill would make implementation of its provisions contingent upon an appropriation by the Legislature for purposes of the bill in the annual Budget Act or another statute.
Introduced: 01/19/2021
Last Amend: 01/20/2022
Status: 01/26/2022 In SENATE. Read third time. Passed SENATE. *****To ASSEMBLY. (37-0)
Department: EU
DeptContact: MarisaT
Position: 2YearBill, Neutral, Watch
PrimaryContact: MarisaT
Priority: High, StatePriority
Subject:
CEC, CECs, Contam$Emerg$Concern, Drink$Water$Contamin,
Laboratory, State$Water$Resource, Waste$Water, Wastewater, Water, Water$Quality, Water_Quality, constituents
12. CA SB 387
Author: Portantino (D)
Coauthor Daly (D), Cooper (D), Low (D), O'Donnell (D), Grayson (D), Stern (D), Bauer-Kahan (D), Rivas R (D), Caballero (D)
Title: Pupil Health: Youth Mental and Behavioral Health Fiscal
Committee: yes
Urgency
Clause: no
Disposition: Pending
Location: ASSEMBLY
Code
Section:
An act to amend Section 13510.1 of the Penal Code, relating to peace officers. An act to amend Section 49428.15 of the Education Code, relating to pupil health.
Summary: Requires, on or before a specified date, those local educational agencies to certify to the department that 75% of both its classified and certificated employees have received that youth behavioral health training, as specified.
Prohibits the training in youth behavioral health to be a condition of employment or hiring.
Digest: This bill would require, on or before January 1, 2025, those local educational agencies to certify to the department that 75% of both its classified and certificated employees have received that youth behavioral health training, as specified. The bill would prohibit the training in youth behavioral health to be a condition of employment or hiring. By imposing training certification duties on local educational agencies, the bill would impose a state-mandated local program.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Introduced: 02/11/2021
Last Amend: 01/03/2022
Status: 01/24/2022 In SENATE. Read third time. Passed SENATE. *****To ASSEMBLY. (36-0)
Department: HR, PD
Position: 2YearBill, Support
Priority: StatePriority
13. CA SB 396
Author: Dahle (R)
Coauthor Mayes (R)
Title: Electrical Transmission or Distribution Line: Clearance Fiscal
Committee: yes
Urgency
Clause: no
Disposition: Pending
File: 20
Location: Assembly Third Reading File
Code
Section:
An act to add Section 15478 to the Government Code, and to amend Sections Section 4295.5 and 4428 of the Public Resources Code, relating to forestry.
Summary: Revises and recast those provisions related to electrical lines and abatement activities for a person who owns, controls, operates, or maintains an electrical transmission or distribution line, specifying that abatement
activities covered by this law include felling, cutting, or trimming trees.
Requires all these line clearance and tree pruning and abatement activities to comply with the commission' s vegetation management rules, if applicable.
Digest: This bill would revise and recast those provisions related to electrical lines and abatement activities for a person who owns, controls, operates, or maintains an electrical transmission or distribution line, specifying that abatement activities covered by this law include felling, cutting, or trimming trees. The bill would explicitly require all these line clearance and tree pruning and abatement activities to comply with the commission' s vegetation management rules, if applicable. The bill would delete an explicit statement that this electrical line access authorization provides no relief from liability for the removal of vegetation, unless that removal is covered by an applicable easement. The bill would require any trees that are felled, cut, or trimmed, as provided, to remain on the property of the landowner, as specified, and would require the person who owns, controls, operates, or maintains an electrical transmission or distribution line to preserve, to the extent feasible, any potential value of the timber or wood left onsite, unless the landowner timely requests the removal of the timber or wood within a week of felling, cutting, or trimming, in which case, the timber or wood is to be removed at no cost to the landowner.
This bill would require the office, on or before January 1, 2024, to develop, through a public process, standardized content to be used to satisfy the landowner notice requirement for vegetation abatement and trimming activities, including a description of the processthat the person who owns, controls, operates, or maintains an electrical transmission or distribution line must provide for a landowner to exercise the opportunity to be heard, as specified, when challenging the proposed traversal of land and any felling, cutting, or trimming of trees; standardized content to be used by a landowner to request the removal of timber or wood, as specified; and recommendations for the promotion by specified entities, and at locations, for the planting of appropriate tree and shrub species near electrical infrastructures.The bill would require the person who owns, controls, operates, or maintains an electrical transmission or distribution line to make a good faith effort to communicate the processes of vegetation abatement and trimming activities, as provided, to the landowner before the release of the standardized content.
Introduced: 02/11/2021
Last Amend: 09/03/2021
Status: 01/11/2022 In ASSEMBLY. From Inactive File. To third reading.
Department: Fire
Position: Watch
Priority: StatePriority
CITY COUNCIL
Law & Regulation Committee
CC #:
1935
File #:
0103-32-02
Title:
Electric Department Priority Legislation - February 2022 Contact:
Amber Blixt 916-774-5693 [email protected]
Meeting Date: 2/23/2022
Item #: 6.2.
RECOMMENDATION TO COUNCIL
Discuss and provide input on any state or federal legislation presented to the committee.
BACKGROUND
Staff has been reviewing key energy legislation introduced in 2021 and 2022 to determine potential impacts to the Electric Department. Below is a list of key bills and related regulatory items that staff has been monitoring:
State Budget Proposal:
Zero Emission Vehicle (ZEV) Package Proposed by the Governor. (Watch)
The
Administration proposes $6.1 billion ($3.5 billion in General Fund and $2.6 billion various other funds) in new zero emission transportation investments over four years to increase access to clean transportation, reduce air pollution and support disadvantaged and low-income communities.
The proposal includes significant investments in low-income zero emission vehicles and infrastructure; heavy-duty zero emission vehicles and supporting infrastructure; zero emission mobility investments; as well as emerging opportunities, such as pilot projects in high carbon sectors.
Staff comments:
A significant portion of this funding will be provided to the California Air Resources Board and the California Energy Commission. It is unclear at this time if any of this funding will be accessible to Publicly Owned Utilities through the agencies’ implementation processes, but we will continue to watch for budget trailer bill language that lays out the specifics of this budget proposal.
State Legislation:
AB 847 (Quirk) Electrically Conductive Balloons. (Watch) -
This bill would require on or
before September 1, 2024, the Office of Energy Infrastructure Safety with the Office of Emergency Services to adopt regulations governing the in state sale or manufacture of celebratory balloons constructed of electrically conductive material. The regulations shall require that these balloons pass a standard test without causing a fault at high-voltage electric distribution levels, which could cause an outage or ignition. After September 1, 2026, a business shall not sell or offer for sale and a manufacturer shall not manufacture for sale in this state, any celebratory balloon made of electrically conductive material unless it complies with the requirements of this bill.
Staff comments:
The Department is anticipating additional amendments to this bill that will move us into an official support position on this legislation. This bill was a 2- year-bill that has made it past the appropriate deadlines in 2022.
SB 396 (Dahle) Forestry: Electrical Transmission or Distribution Lines: Clearances:
Notice and Opportunity to be Heard. (Oppose)
-
This bill
essentially requires the state to
develop standardized content to be used by utilities to satisfy the landowner notice requirement for vegetation abatement and trimming activities related to maintaining an electrical transmission or distribution line. This bill would also require that the timber remain onsite unless a landowner requests removal, at no cost to the landowner.
Staff comments:
The Department is
concerned that this bill would require a change to our existing processes that could be disruptive and costly. This bill was stalled in the legislative process last year and made into a two-year bill. The bill has met the appropriate deadlines to be heard again in 2022. Amendments have been put forward that would remove our opposition from this bill; however, it is not clear at this time that those amendments will be adopted by the author. The City will continue to monitor potential amendments to this bill and work through our trade associations to oppose this bill should the bill move forward in its current form.
Federal Legislation:
H.R. 6437 (Bowman) The Heating and Cooling Relief Act. (Watch) – This bill amends the
Low-Income Home Energy Assistance Program (LIHEAP) and would authorize $40 billion per year for 10 years to fund the program. While the proposal would substantially increase funding for the program, which the Electric Department supports, the bill would also create new restrictions against electric disconnections and late fees. Specifically, this bill would prevent disconnections from a household that received assistance through LIHEAP for a 1-year period beginning on the date the household received the assistance. In addition, this bill would prevent the collection of late fees for a 6-month period before and after the date that funds are received through the program for the household.
Staff comments: The City supports LIHEAP and additional funding for LIHEAP, but the restrictions on disconnections associated with this funding are concerning.
Today we accept LIHEAP vouchers as payments and we offer payment agreements, extension and partial payments regularly.
The Department is concerned
that limiting disconnections may put our customers in a worse place in terms of accumulating greater past due balances, which we saw first-hand during the pandemic.
Staff has provided comments to our trade association in advocacy of these points and will continue monitoring the trajectory of this bill.
H.R. 5376 (Yarmuth) Build Back Better Act. (Watch)
–The energy provisions within the Build
Back Better Act includes various tax benefits/tax credits for investments dealing with renewable electricity, reducing carbon emissions, green energy and energy efficiency. The Build Back Better Act (BBBA) passed the House in November, but has since stalled after the bill could not pass the Senate Energy & Natural Resources Committee. The 2022 budget resolution (S. Con. Res. 14) has laid the groundwork for using the budget reconciliation process to potentially pass the Build Back Better Act; however, without reconciliation, the BBBA may remain unapproved by the Senate; and in any case, the fate of the Build Back Better Act is still uncertain.
Staff comments:
The Department continues to watch this bill as many of the individual provisions may be broken up into smaller, less controversial topics that could have a better chance of passing individually rather than as a component of a larger package. It is not clear that there are any direct benefits to our utility at this time, but we will continue to monitor this proposal as it unfolds.
Conclusion
Staff will continue to keep the committee apprised of these important legislative proposals and request any direction as needed.
FISCAL IMPACT
The costs of these activities are contained within the City’s current budget.
ECONOMIC DEVELOPMENT / JOBS CREATED
The activities detailed in this report will not result in job development or creation.
ENVIRONMENTAL REVIEW
The California Environmental Quality Act (CEQA) does not apply to activities that will not result in a direct or reasonably foreseeable indirect physical change in the environment, or is otherwise not considered a project as defined by CEQA Statute §21065 and CEQA State Guidelines §15060(c)(3) and §15378.
The action of reviewing legislation meets the above criteria and is not subject to CEQA. No additional environmental review is required.
Respectfully Submitted,
Amber Blixt, Utility Government Relations Administrator Daniel Beans, Electric Utility Director
CITY COUNCIL
Law & Regulation Committee
CC #:
1936
File #:
0103-32-02
Title:
Environmental Utilities Priority Legislation - February 2022 Contact:
Noelle Mattock 916-774-5504 [email protected]
Meeting Date: 2/23/2022
Item #: 6.3.
RECOMMENDATION TO COUNCIL
This staff report provides updates to the Law and Regulation Committee on priorities outlined in the 2022 City of Roseville Legislative Platform. This includes state and federal legislative, regulatory, and other relevant activities being tracked and acted on by the Environmental Utilities Department (EU).
BACKGROUND
Status of State Legislation - Two-Year Bills:
Active Bills
The following measures made it to the second house last year and will follow the legislative deadlines established for bills needing to make it back to the house-of-origin and enrollment.
AB 1086 (Aguiar-Curry) Organic waste implementation strategy. (Watch) This bill would have required the California Natural Resources Agency (CNRA) to prepare a report that provides an implementation strategy that identifies measures needed to achieve the state’s various organic waste, climate change and air quality mandates, goals, and targets.
Staff
Comment:
This measure was held in the Senate Appropriations Committee on suspense last year and must be acted upon by August 12.
AB 1110 (Rivas, R) Zero-emission vehicles: Office of the California Clean Fleet Accelerator: Climate Catalyst Revolving Loan Fund Program. (Watch) This bill would help entities gain access to programs and incentives that reduce costs for clean vehicles by establishing the Office of the California Clean Fleet Accelerator (OCCFA) and the Clean Vehicles Ombudsperson (CVO). Additionally, the bill requires the Department of General Services (DGS) to issue a non-mandatory master service agreement or leveraged procurement agreement for the bulk purchase of zero-emission fleet vehicles.
Staff Comment: At the end of
session last year, this measure was placed on the Assembly Inactive File, after passing out of the Senate.
The author has until the last night of session, August 31, to act on this measure.
SB 222 (Dodd) Water Rate Assistance Program. (Support if Amended) This bill would establish a statewide Water Rate Assistance Program, with an unknown source of funding, administered by the Community Services Development Department (CSD) in consultation with the State Water Resources Control Board (State Water Board), to help provide water affordability assistance, for both drinking water and wastewater services, to low-income ratepayers.
Staff Comment: This measure is parked on the Floor of the Assembly. The author has until August 25
th
to amend his bill. If amended and sent back to the Senate it will likely have to go back to committee before the Senate can vote to approve and send to the Governor. Towards the end of session our statewide trade associations were successful in obtaining amendments that moved them to a watch position. Roseville joined several others in taking a Support if Amended position and requested additional clarifying amendments. Our request was granted and the City of Roseville would have moved to support a position, but the Governor stepped in in the last few days of session and asked for the bill to become a two-year bill so he could work with the author on additional amendments. EU staff are now awaiting to the proposed new amendments before moving forward and submitting a letter in support.
SB 38 (Wieckowski) Beverage Containers. (Watch)
This bill would establish a new extended producer responsibility (EPR) Beverage Container Recycling Program by July 1, 2024.
Staff Comment:
This measure is parked in the Assembly
Natural Resources Committee and must be acted upon by July 1. Over the past several years, the global recycling market has faded and numerous recycling centers have shut down.
S
B 38 seeks to re-align the focus of the state’s current beverage recycling program on to the producers of the products and limit CalRecycle’s role to be on oversight and enforcement.
Bills No-Longer Active
The following bill did not
make it out of committee in its house-of-origin by the January 21 st
deadline for two-year bills.
AB 1434 (Freidman) Urban Water Use Objectives: Indoor Residential Water Use. (Oppose)
In 2018 this author negotiated a deal that established new indoor water use standards, which also required a study to be completed before any changes could be made to those standards. This measure attempted to go back on that negotiated deal and would have set new indoor residential water standards at 48 gallons per capita daily in 2023 and 44 GPCD beginning in 2025 and 40 GPCD starting in 2030. This would have been before the release of the study by the Department of Water Resources and the State Water Board.
Staff Comment:
This measure was held in
committee last year pending the release of the study. While this measure is no longer moving, the author’s office has informed us that they will be re-introducing the bill again by the February 18 th
deadline.
Newly Introduced Legislation
The Legislature has until February 18
th
to introduce legislation.
Given only a little over 200 bills
have been introduced at the time of the writing of this staff report, staff anticipates most legislation will be introduced in the last few days
or on February 18.
So far, staff has identified only a
handful of bills that maybe of interest to EU.
State Regulations
Indoor Residential Water Use Study
In November 2021, the Department of Water Resources (
DWR) and the State Water Resources
Control Board (State Water Board) submitted the
Indoor Residential Water Use Study
to the
Legislature recommending that urban water suppliers achieve an indoor water use efficiency standard of 55 gallons per capita per day by 2023, declining to 47 gallons per day by 2025, and 42 gallons by 2030 and beyond.
It is important to note that there are significant impacts identified in the study on the water, wastewater and recycled water agencies; however, the cost impacts were not evaluated. Below are the impacts that were not fully evaluated but will have an impact on ratepayers.
Water Agencies
•
The study did not evaluate potential economic impacts and affordability of water. •
Deterioration of water quality.
•
Stranded assets and stagnation of water in storage facilities. •
Reduction in revenue from reduced water sales.
Wastewater Agencies
•
Increased sewer gases throughout the system.
•
Accelerated rate of corrosion in sewer pipes and manholes. •
Increased occurrences of sewer blockages and overflows. •
Degradation of wastewater influent quality.
Recycled Water Agencies
•
Reductions in recycled water quantity.
•
Deterioration of recycled water quality.
Staff is working with our statewide trade associations to develop a legislative strategy as we know Assemblywoman Friedman intends to re-introduce legislation on this topic. Additionally, early conversations indicate that Senator Hertzberg is also interested in introducing legislation on this issue.
State Budget
As part of the Governors 2022-23 proposed budget, the Governor included $750 million in one- time funding to support drought resilience and response. This is in addition to the approximately $1 billion allocation from the Governor’s 2021-21 approved budget that allocated nearly $5.2 billion over three years. Additional funding was not included in the Governor’s proposal for recycled water, so staff is working with our statewide trade associations to advocate for additional recycled water funding and on the following categories within the Governor’s budget:
·
Water conservation programs
. $180 million for grants to large urban and small water suppliers to improve water efficiency, address leaks, reduce demand, provide water use efficiency-related mapping and training, support turf replacement, and maintain a drought vulnerability tool.
·
Urban and small community drought relief
. $145 million for local emergency drought
assistance and grants to local water agencies facing loss of water supplies.
·
Fish and wildlife protection
. $75 million to mitigate immediate drought damage to fish and wildlife resources and to build resilience of natural systems. ·
Groundwater recharge
. $30 million to provide grants to water districts for planning, engineering, water availability analyses, and construction of groundwater recharge projects. ·
Drought contingency
. $250 million as a drought contingency set-aside to be allocated as part of the Spring budget process, when additional water data will be available to inform additional drought needs
FISCAL IMPACT
The costs of these activities are contained within the City’s current budget.
ECONOMIC DEVELOPMENT / JOBS CREATED
The activities contained in this report will not result in job development or creation.
ENVIRONMENTAL REVIEW
The California Environmental Quality Act (CEQA) does not apply to activities that will not result in a direct or reasonably foreseeable indirect physical change in the environment, or is otherwise not considered a project as defined by CEQA Statute §21065 and CEQA State Guidelines §15060(c)(3) and §15378. The action of reviewing legislation meets the above criteria and is not subject to CEQA. No additional environmental review is required.
Respectfully Submitted,
Noelle Mattock, Utility Government Relations Administrator Richard Plecker, Environmental Utilities Director