Dear Mayor and Councilmembers, September 15, 2025, City Council Meeting
3.3 25-974 Summer Intergovernmental Relations Report.
As a concerned citizen who closely follows regional, state, and federal policy developments, I am submitting this briefing to support the City’s legislative advocacy efforts for the 2025–2026 sessions.
This memo summarizes the City’s current priorities (as outlined in the Summer Intergovernmental Relations Report and Supplemental Memorandum), compares them with the strategies of other major U.S. cities, and provides recommendations aligned with current political and economic realities.
My goal is to offer a concise, actionable overview of best practices that can help San José advance its objectives effectively during this critical federal session.
I. San José’s Legislative Priorities and Current Efforts Core City Priorities (set January 2025):
• Reduce unsheltered homelessness and expand affordable housing • Enhance community safety and achieve Vision Zero
• Expand educational and employment opportunities
• Drive downtown revitalization and equitable neighborhood investment • Secure sustainable, resilient infrastructure and climate investments (Source: City of San José, Summer Intergovernmental Relations Report) Recent Efforts and Accomplishments (April–August 2025):
• Legislative advocacy days on unsheltered homelessness (Apr 23) and 2026 major sporting events (Apr 30)
• Secured $100 million in state funding for BART Silicon Valley Phase II, preparing for a federal Full Funding Grant Agreement
• Supported SB 753 (abandoned shopping carts); monitored SB 549 (cardroom regulations)
• Secured five federal earmark requests totaling $6.5 million for FY 2026, including:
o Seismic and climate retrofit financing for affordable rental stock o Copper theft and wire vandalism surveillance systems
o Yerba Buena Bridge reconstruction
o Guadalupe River Trail (Branham–Chynoweth segment)
o Sideshow deterrence infrastructure
Bills the City Is Tracking:
• Housing: AB 11 Social Housing Act; AB 90 student overnight parking; H.R. 1340 More Homes on the Market Act; H.R. 646 Build Housing with Care Act • Safety: AB 33 autonomous delivery vehicle restrictions; AB 271 looting penalties • Education/Workforce: AB 49 school-site immigration enforcement limits; AB 93 data center water use transparency
• Climate/Infrastructure: AB 39 Local Electrification Planning Act; AB 12 Low- Carbon Fuel Standard amendments
Recent Bill Status (as of Sept 10, 2025):
• Advanced with amendments: SB 79 (transit-oriented housing), AB 93 (data-center water use), AB 476 (metal theft – City-sponsored)
• Advanced without amendments: AB 382 (school-zone safety), AB 621 (deepfake pornography ban)
• Held in committee: SB 606 (HHAP functional zero reporting), AB 222 (data-center power efficiency metrics), AB 485 (wage judgment enforcement)
II. What Other Major U.S. Cities Are Doing
U.S. Conference of Mayors – 2025 Priorities
https://www.usmayors.org/2025-priorities/
National League of Cities – 2025 Federal Action Agenda
https://www.nlc.org/initiative/federal-advocacy/
Key Common Priorities Across Major Cities (2025–26):
• Housing affordability: Expanding Low-Income Housing Tax Credit (LIHTC), first- time homebuyer credits (H.R. 3475), and accelerating project delivery • Homelessness: Defending flexible federal HHAP/HUD funding; tying capital investments to services
• Transportation & TOD: Advancing FTA Capital Investment Grants (CIG) and aligning zoning to support major transit corridors
• Public Safety: Combating fentanyl (H.R. 27 HALT Fentanyl Act:
https://www.congress.gov/bill/119th-congress/house-bill/27 ) and Xylazine (Combating Illicit Xylazine Act: https://www.congress.gov/bill/119th- congress/house-bill/1266 ) while pairing enforcement with treatment funding • Vision Zero: Speed management, automated enforcement, school-zone design changes
• Broadband: Fast BEAD rollout through streamlined permitting, pole access, and local match
• Climate & Infrastructure: Electrification, EV charging networks, resilient infrastructure
• Childcare & Workforce: Expanding affordable childcare access to increase labor force participation (Example: New Mexico’s model –
https://www.npr.org/2024/06/18/1198209076/new-mexico-child-care-free- universal )
III. Political and Economic Realities (Federal 119th Congress) • Narrow congressional margins and the 2026 election cycle mean only bipartisan, scoreable bills will advance. Large new spending is unlikely; targeted tax credits and regulatory reforms are more viable.
• Housing: LIHTC expansion, starter-home, and first-time buyer credits (H.R. 3475:
https://www.congress.gov/bill/119th-congress/house-bill/3475 ) are the most likely vehicles.
• Transit: FTA’s proposed 2025 Capital Investment Grants (CIG) policy update (https://www.federalregister.gov/documents/2025/08/19/2025-18201/capital- investment-grant-program-policy-guidance ) creates a short-term opportunity to strengthen BART Phase II’s federal case.
• Public safety/overdose: HALT Fentanyl and Xylazine legislation are moving; bipartisan support favors pairing enforcement with treatment and data systems. • Broadband: BEAD program guidance emphasizes cities that streamline permitting and demonstrate readiness. See NTIA: https://www.ntia.gov/page/bead-program • Vision Zero: Peer cities are winning SS4A and HSIP funds for school-area speed cameras, safe street design, and network gap closures.
• Childcare: While major federal action is uncertain, states like New Mexico are showing how universal models boost workforce participation (see NPR article above).
IV. Recommendations for San José
1. Push for housing tax title wins – Join NLC/USCM advocacy for LIHTC and homebuyer credits; bring local data on production gaps.
2. Exploit the FTA CIG window – Align BART Phase II risk, cost, and local match documentation with 2025 CIG guidance to secure a strong rating.
3. Bundle safety: enforcement + treatment + analytics – Support HALT/Xylazine and pursue DOJ/HHS grants for local treatment and data systems; connect AB 476 (metal theft) to the copper-theft surveillance earmark.
4. Lead on Vision Zero school safety – Advance AB 382 with SS4A/HSIP applications for school-zone speed management and automated enforcement.
5. Publish a BEAD “fast-lane” guide – Create a public permitting toolkit for broadband developers (permits, poles, timelines) to secure early BEAD subgrants.
6. Tie retrofit financing to affordability – Require affordability covenants on seismic/energy retrofit loans to prevent displacement and increase equity impact.
7. Pilot co-located childcare + workforce centers – Use H.R. 646’s framework to establish sites within affordable housing or TOD hubs.
8. Show TOD progress federally – Publicize SB 79-style zoning reforms as proof San José is aligning housing and transit ROI.
9. Align with national coalitions – Co-sign USCM/NLC letters on housing/tax, CIG, BEAD, and overdose policy for greater leverage.
10. Communicate fiscal realism – Present all asks by cost/unit, delivery schedule, and co-benefits (safety, equity, climate, workforce).
In closing
San José’s legislative platform closely matches that of other major U.S. cities, and the City is well positioned to leverage bipartisan opportunities—particularly in housing tax policy, transit funding, overdose prevention, and broadband infrastructure.
By acting strategically during this 119th Congress window, San José can secure resources and policy changes that will have lasting local impact.
Thank you for considering these recommendations as part of the City’s 2025–2026 legislative advocacy.
Respectfully,
Brian Darby