TWENTYNINE PALMS CITY COUNCIL
REGULAR MEETING AGENDA
6136 Adobe Road
Twentynine Palms, CA 92277
www.29palms.org
Tuesday, June 27, 2023
NOTICE IS HEREBY GIVEN, that the City Council will hold a Regular Meeting on Tuesday, June 27, 2023 at City Hall, 6136 Adobe Road, Twentynine Palms, CA 92277 to consider the following:
CLOSED SESSION AGENDA
5:00 P.M.
CALL TO ORDER
Roll Call.
Adjourn to Closed Session.
CLOSED SESSION
A “Closed” Session of the City Council or the City Council may be held in accordance with state law which may include, but is not limited to, the following types of items: personnel matters, labor negotiations, security matters, providing instructions to real property negotiators and conference with legal counsel regarding pending litigation.
The Closed Session will be held in the City Hall Conference Room located at 6136 Adobe Road, Twentynine Palms, California. Any public comment on Closed Session items will be taken before the Closed Session. Any required announcements or discussion of Closed Session items or actions following the Closed Session will be made in the City Council Chambers, 6136 Adobe Road, Twentynine Palms, California. 1 Closed Session Pursuant to Government Code §54956 (d) (2) Anticipated Litigation.
REGULAR SESSION AGENDA
6:00 P.M.
CALL TO ORDER
Pledge of Allegiance.
Invocation - Pastor Lolila Faaaliga, Born Again Ministries.
Roll Call.
Closed Session Announcements.
Changes to the Agenda.
ANNOUNCEMENTS
These proceedings may be viewed on demand on the City of Twentynine Palms website at www.29palms.org.
You may also Live Stream this meeting by going on the City website and clicking on the "Meeting Agendas" link.
AWARDS, PRESENTATIONS, APPOINTMENTS AND PROCLAMATIONS
1. Presentation to Troop 77 for their Participation in the Cash for Trash and Recycling Program.
2. Presentation by the Coachella Valley Housing Commission on the Mutual Self Help Program.
3. Update by Karalee Hargrove on the Wastewater Committee.
COUNCIL COMMENTS AND REPORTS OF MEETINGS ATTENDED
CONSENT CALENDAR
All matters listed under the Consent Calendar are to be considered routine by the City Council and will be enacted by one motion in the form listed. Any item may be removed from the Consent Calendar and considered separately by the City Council. The public will be given an opportunity to comment on Consent Calendar items prior to the City Council action.
4. Waive the Reading of Ordinance and Approve the Reading by Title Only.
5. Defense Communities Infrastructure Program (DCIP).
RECOMMENDATION: The City Council approve Resolution No. 23-___ that authorizes the City Manager to submit the DCIP Grant application for resurfacing Lear Avenue, both City and County portions of Lear.
Defense Communities Infrastructure Program (DCIP). - Pdf 5 - 7
6. Corrective Change Order No. 1 for the Community Development Department Tenant Improvement Project.
RECOMMENDATION: The City Council approve Corrective Change Order (CO) Number 1 for the Community Development Department Tenant Improvement Project in the amount of $21,440.60 which exceeded the contingency of 10% already approved.
Corrective Change Order No. 1 for the Community Development Department Tenant Improvement Project. - Pdf
9 - 11
7. DCA Temporary Use Permits - Second Reading.
RECOMMENDATION: The City Council find the project exempt from CEQA and adopt the Ordinance amending Chapter 19.34 regarding regulations for Temporary Use Permits.
DCA Temporary Use Permits - Second Reading. - Pdf
13 - 26
8. DCA Film Permits - Second Reading.
RECOMMENDATION: The City Council find the project exempt from CEQA and adopt the Ordinance adding Chapter 19.35, Film Permits to the Development Code.
DCA Film Permits - Second Reading. - Pdf
27 - 35
9. Fire Department Emergency Response Report - MAY 2023.
Fire Department Emergency Response Report - MAY 2023. - Pdf 37 - 38
10. Legislative Report - May 2023
Legislative Report - May 2023 - Pdf
# - #
11. Visit 29 Palms Civitas Contract Services for TBID Conversion.
RECOMMENDATION: The City Council authorize the City Manager to approve $26,170 in TBID spending for phase two of Civitas Advisors contract services.
Visit 29 Palms Civitas Contract Services for TBID Conversion. - Pdf 93 - 105
ITEMS REMOVED FROM CONSENT CALENDAR FOR DISCUSSION
PUBLIC HEARING
12. Amendments to the City’s Master Fee Schedule for FY 2023-24.
RECOMMENDATION: The City Council approve the amendments to the City's Master Fee Schedule for FY 2023-24.
Amendments to the City's Master Fee Schedule for FY 2023-24. - Pdf 107 - 142
DISCUSSION AND POTENTIAL ACTION ITEMS
13. Reject All Bids for the Project Phoenix – Treatment System Improvements.
RECOMMENDATION: That the City Council:
1. Reject all bids for the Project Phoenix -– Treatment System Improvements Project.
2. Direct Staff to review the project and revise the scope as needed.
Reject All Bids for the Project Phoenix – Treatment System Improvements. - Pdf 143 - 144
14. Grant of Option: Affordable Housing IIG Application.
RECOMMENDATION: The City Council approve the Option to Purchase Real Property with Milestone Housing for furtherance of the Affordable Housing Project behind City Hall; the City will be selling the land AND committing $1M from Housing Funds for the project.
Grant of Option: Affordable Housing IIG Application. - Pdf 145 - 169
15. Reserve Policy.
RECOMMENDATION: The City Council approve Resolution No. 23-__, establishing a 50- 55% target amount for unrestricted/undesignated reserves and authorize the use of reserves in the amount of $473,853 to pay off a portion of the inactive Fire Safety Plan in FY 2023-24.
Reserve Policy. - Pdf
171 - 227
FUTURE COUNCIL INITIATED ITEMS
1. Seasonal Banners throughout the City.
2. Maintained v. Non-Maintained Roads.
3. Discussion on working with non-profit organizations to establish a "Heating Shelter" during the Winter months.
4. Planning Commission review of what materials can be used for commercial driveways.
5. Identify ten (10) lots to start a self-help construction program.
6. Discussion on forming a Youth Advisory Council.
7. Discussion with the Homeless Committee on the possibility of hotels housing the homeless for short periods of time.
8. Discussion on Code of Conduct for Councilmembers.
PUBLIC COMMENTS
This is the time for the public to address the City Council on issues within the jurisdiction of the City Council that are NOT on this agenda. All comments are to be directed to the City Council and shall not consist of any personal attacks. Members of the public are expected to maintain a professional, courteous decorum during their comments. There is a time limitation of three minutes per person. If you haven’t already done so, please fill out name and address slips and give them to the City Clerk. The City Council is prohibited by State law from taking action or discussing items not included on the printed agenda. Public comments on specific agenda items will be deferred until consideration of the item on the agenda.
CITY MANAGER UPDATE
ADJOURNMENT
It is the intention of the City of Twentynine Palms to comply with the Americans with Disabilities Act in all respects. If you are a person with a disability who requires a disability-related modification or accommodation in order to participate in a meeting, including auxiliary aids or services, please request such modification or accommodation from the City Clerk at (760) 367- 4890 (facsimile). Notification at least 48 hours prior to the meeting will enable the City to make reasonable arrangements to assure accessibility to the meeting. Please advise us at the time whether you will require accommodations to participate in meetings on a regular basis. Any person affected by any application on this agenda may submit their concerns in writing prior to the meeting or appear in person and be heard in support or opposition to the proposal at the time the matter is considered on the agenda. The staff reports, applications and environmental documents may be viewed at either the office of Community Development or the office of the City Clerk, 6136 Adobe Road, from 7:00 a.m. until 6:00 p.m. Monday through Thursday, except legal holidays. The Invocation is given per Policy 10-01, and does not reflect the views of the City but rather is an expression of speech by a private citizen making the presentation. Telephone inquiries may be made at (760) 367-6799. If you challenge any agenda issue in court, you may be limited to raising only those issues that you or someone else raised at the public meeting described in this notice, or in written correspondence delivered to the City of Twentynine Palms at, or prior to, the public meeting.
This notice of agenda is hereby certified to have been posted on or before 6:00 p.m., June 21, 2023.
Cindy Villescas CMC, City Clerk Time/Date
STAFF REPORT
TO: City Council
FROM: City Manager
FOR MEETING: Jun 27 2023
SUBJECT: Defense Communities Infrastructure Program (DCIP).
RECOMMENDATION:
The City Council approve Resolution No. 23-___ that authorizes the City Manager to submit the DCIP Grant application for resurfacing Lear Avenue, both City and County portions of Lear.
ORDER OF PROCEDURE:
Request Staff Report (City Manager Presenting)
Council Questions of Staff
Request Public Comment
Council Discussion
Motion/Second
Discussion of Motion
Call the Question
ATTACHMENTS:
• Reso. 23- Defense Community
Infrastructure Pilot Program
BACKGROUND:
The Defense Community Infrastructure Pilot Program (DCIP) is designed to address deficiencies in community infrastructure, supportive of a military installation, in order to enhance military value, installation resilience, and military family quality of life. Section 2391(d) of Title 10, United States Code (10 U.S.C. 2391), authorizes the Secretary of Defense to, “make grants, conclude cooperative agreements, and supplement funds available under Federal programs administered by agencies other than the Department of Defense”, for projects owned by a State or local government, or a not-for-profit, member-owned utility service to address deficiencies in community infrastructure supportive of a military installation. DCIP is a competitive grant program administered by the Department of Defense Office of Local Defense Community Cooperation (OLDCC). Congress appropriated $100 million for the program in FY2023.
The City and County have collaborated on resurfacing the Lear portion of the Marine Base Route; the Grant request is $4.4M.
ENVIRONMENTAL:
Categorically Exempt.
ALTERNATIVES:
The City Council could choose not to approve the Resolution and/or provide alternate recommendations.
FISCAL IMPACT: Page 5 of 227
The City and County, because of our Disadvantaged Community status, is requesting a 100% grant with zero match.
CITY OF TWENTYNINE PALMS
CITY COUNCIL
RESOLUTION NO. 23-__
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TWENTYNINE
PALMS, CALIFORNIA, APPROVING THE APPLICATION FOR FUNDING FROM THE
DEFENSE COMMUNITY INFRASTRUCTURE PILOT PROGRAM OF THE MAIN CONVOY REFURBISHMENT PROJECT.
WHEREAS, the City of Twentynine Palms is the host community for the Marine Corps Air Ground Combat Center Twentynine Palms; and
WHEREAS, the City of Twentynine Palms is located in the County San Bernardino; and
WHEREAS, the City of Twentynine Palms and the County of San Bernardino actively collaborate to maintain and improve the main convey route (Lear Avenue) to the Marine Corps Air Ground Combat Center Twentynine Palms.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Twentynine Palms hereby:
1. Approves the filing of an application for funding from the Defense Community Infrastructure Pilot Program for the Main Convoy Route Refurbishment Project
2. Certifies that the applicant has reviewed, understands, and agrees to the General Provisions contained in the contained in the application guidelines.
3. Agrees to comply with all applicable federal, state, and local laws, ordinances, rules, regulations, and guidelines.
4. Appoints the Frank Luckino City , City Manager.as agent of the applicant to conduct all negotiations and execute and submit all documents, including, but not limited to, applications, contracts, amendments, payment requests, and compliance with all applicable current state and federal laws which may be necessary for the completion of the aforementioned project.
PASSED, APPROVED, AND ADOPTED by the City Council of Twentynine Palms this 27th day of June 2023.
McArthur Wright, Mayor
ATTEST:
Cindy Villescas CMC, City Clerk
I, do hereby certify that the foregoing Resolution No. 2 3 - was duly adopted by the City Council of the City of Twentynine Palms at a regular meeting thereof held on 27th day of June 2023, by the following vote:
Cindy Villescas CMC, City Clerk Page 7 of 227
STAFF REPORT
TO: City Council
FROM: City Manager
FOR MEETING: Jun 27 2023
SUBJECT: Corrective Change Order No. 1 for the Community Development Department Tenant Improvement Project.
RECOMMENDATION:
The City Council approve Corrective Change Order (CO) Number 1 for the Community Development Department Tenant Improvement Project in the amount of $21,440.60 which exceeded the contingency of 10% already approved.
ORDER OF PROCEDURE:
Request Staff Report (City Manager Presenting)
Council Questions of Staff
Request Public Comment
Council Discussion
Motion/Second
Discussion of Motion
Call the Question
ATTACHMENTS:
• KNC-change-order-1
BACKGROUND:
On March 14, 2023, a Contract for Construction for the Community Development Department Tenant Improvement Project was awarded to KNC Construction for $138,320.00, plus 10% contingency in the amount of $13,832, for a total contract amount of $152,152. The project includes interior tenant improvements at 73660 Civic Center Dr., Twentynine Palms, CA 92277. During the course of construction, Staff identified additional improvements to include electrical, plumbing, and demolition work. KNC provided a quote to complete the additional work for a total cost of $21,440.60 which Staff believes is fair and commensurate to the amount of work.
ENVIRONMENTAL:
Not Applicable.
ALTERNATIVES:
The City Council could reject the change order and not allow the additional work.
FISCAL IMPACT:
Funding for the project has been appropriated in the Fiscal Year 2022/2023 budget approved by the City Council in the amount of $250,000. The CO will result in an increase of $7,608.60 from the original contract amount of $152,152.
Change Order Invoice
Date
6/3/2023
Invoice #
CO-3009888
Bill To
City of Twentynine Palms
6136 Adobe Rd
Twentynine Palms, CA 92277
Job / Project
2023TI-01
Balance Due
Payments/Credits
Total
12277 APPLE VALLEY RD #144
APPLE VALLEY CA 92308
CSLB 889121
Description Amount
Contract Change in Plans and Specifications: The undersigned hereby authorize KNC Construction Inc to make the following change from the work as originally set forth in the plans and specifications.
SCOPE OF WORK:
(1) CABINET - Receptionist desk to have all adjustable shelves. (2) CABINET - Lower 5ft cabinet with sink and countertop. (3) FLOORING - Vinyl in requested locations.
(4) PLUMBING - Saw cut and remove additional toilet and floor drain at N/W office. Remove additional water heater.
Add sink faucet for new cabinet location.
(5) DEMO - Additional demolition of cabinets and plumbing in N/W utility room. (6) FINISH CARPENTRY - Install timely door frames = No Charge. (7) FINISH CARPENTRY - Install rubber base = No Charge. (8) ELECTRICAL - INSTALL
1. Provide and install (6) exit signs that were not shown on original drawings
2. Provide and install (2) dedicated circuits and receptacles to breakroom per request
3. Provide and install dedicated circuit and receptacle to copier per request
4. Provide and install dedicated circuit and receptacle to CD specialist are per request
5. Provide and install (2) additional receptacles to counter area per request (9) North/East office and restroom to be converted to mirror the North/West office and restroom as show on plans.
JOB MATERIALS 6,872.00
DIRECT LABOR 11,772.00
OVERHEAD AND PROFIT 2,796.60
It is mutually agreed that the contract price is increased / decreased by Invoice Total and payable /deductible immediately prior to completion of the work called for in this change order. If funds are not received immediately, KNC will proceed with building and the above change order will be void. This change order is incorporated into and governed by the above mentioned contract and is incorporated therein.
Customer Signature(s): _______________________________________ Contractor Signature: ________________________________________ $21,440.60
$21,440.60
$0.00
STAFF REPORT
TO: City Council
FROM: Community Development Director
FOR MEETING: Jun 27 2023
SUBJECT: DCA Temporary Use Permits - Second Reading.
RECOMMENDATION:
The City Council find the project exempt from CEQA and adopt the Ordinance amending Chapter 19.34 regarding regulations for Temporary Use Permits.
ORDER OF PROCEDURE:
Request Staff Report (Community Development Director
Presenting)
Council Questions of Staff
Receive Public Comment
Council Discussion
Motion/Second
Discussion on Motion
Call the Question
ATTACHMENTS:
• City Council Ordinance -
Temporary Use Permits
• Chapter 19.34_Temporary
Use Permit draft
BACKGROUND:
At the meeting of June 13, 2023, the City Council conducted a Public Hearing on a Development Code Amendment amending Chapter 19.34, separating out the regulations for Film Permits from the chapter on Temporary Use Permits.
At the meeting of April 18, 2023, the Planning Commission held a Public Hearing on revisions to Chapter 19.34 of the Development Code, separating out the regulations for Film Permits from Temporary Use Permits. In so doing, a Development Code Amendment is required for the Temporary Use Permit (TUP) Chapter of the Code to reflect this change.
ENVIRONMENTAL:
The project is exempt from the California Environmental Quality Act (CEQA). Pursuant to Section 15061(b)(3), the activity is covered by the common-sense exemption that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.
ALTERNATIVES:
The City Council could choose to:
1. Request additional information from Staff and postpone the Adoption of the Ordinance to a date certain.
2. Deny the Development Code Amendment.
FISCAL IMPACT:
None.
CITY OF TWENTYNINE
PALMS CITY COUNCIL
ORDINANCE NO. ___
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TWENTYNINE
PALMS, CALIFORNIA, ADOPTING A DEVELOPMENT CODE
AMENDMENT AMENDING CHAPTER 19.34 TEMPORARY USE PERMITS
OF THE CITY OF TWENTYNINE PALMS DEVELOPMENT CODE.
WHEREAS, the City of Twentynine Palms General Plan was adopted by the City Council on April 24, 2012; and
WHEREAS, the City of Twentynine Palms Development Code was adopted by the City Council on July 26, 2016; and
WHEREAS, on March 07, 2023, the Planning Commission held a study session regarding regulations for Film Permits; and
WHEREAS, on April 18, 2023, the Planning Commission of the City of Twentynine Palms conducted a duly noticed and advertised Public Hearing on the Development Code Amendment adding Chapter 19.35, Film Permits; and
WHEREAS, the Planning Commission decision was to separate out Film Permit regulations from Temporary Use Permits; and
WHEREAS, in so doing, Chapter 19.34, Temporary Use Permits must be revised to reflect this change; and
WHEREAS, on May 31, 2023, the Development Code Amendment for Chapter
19.34 was duly noticed in the Desert Trail, a newspaper of general circulation within the City of Twentynine Palms; and
WHEREAS, on June 13, 2023, the City Council of the City of Twentynine Palms conducted a duly noticed and advertised Public Hearing on the Development Code Amendment as reflected in "Exhibit A" in accordance with the California Government Code Section 65350 et. seq. and California Government Code Section 65853 et. seq., required by law for this amendment; and
WHEREAS, a Public Hearing was held by the City Council on June 13, 2023, at which time the Council introduced Ordinance No. ___, amending Chapter 19.34 Temporary Use Permits of the Development Code, and
WHEREAS, on June 13, 2023, at the above noted Public Hearing for the Development Code Amendment, the City Council of the City of Twentynine Palms considered the potential environmental impacts that may occur with the adoption of the proposed Development Code Amendment and recommended that in accordance with the California Environmental Quality Act (CEQA) Guidelines Section, the proposed zoning text amendment has been reviewed for its potential to impact the environment. Pursuant to Section 15061(b)(3) of the State Guidelines to Implement the California Environmental Quality Act, the activity is covered by the commonsense exemption that CEQA applies only to projects which have the potential for causing a significant effect on the environment.
Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA; and
WHEREAS, the City Council found that on the basis of the whole record before it, including any public comments received, there is no substantial evidence that the Development Code Amendment would have a significant effect on the environment and that the proposed CEQA determination reflected the City Council's independent judgment and analysis; and
WHEREAS, the City Council, in its review of the proposed Development Code Amendment, makes the following findings:
A. That the Zone Change or Development Code Amendment is consistent with the intent of the goals and policies of the General Plan.
The Development Code Amendment is consistent with the following policies of the General Plan:
Goal LU-1 – Encourage orderly growth and development as envisioned by community residents.
Goal LU-10 - Promote a high quality of life for Twentynine Palms residents by developing and sustaining a strong and diverse local economy.
B. The Zone Change or Development Code Amendment prescribes reasonable controls and standards to ensure compatibility with other established uses.
The Development Code Amendment is to amend Chapter 19.34 Temporary Use Permit and Standards, removing the language regarding Film Permits.
C. The Zone Change or Development Code Amendment provides reasonable property development rights while protecting environmentally sensitive land uses and species.
The Development Code Amendment is to amend Chapter 19.34 Temporary Use Permit and Standards, removing the language regarding Film Permits D. The Zone Change or Development Code Amendment ensures protection of the general health, safety and welfare of the community.
The Development Code Amendment is to amend Chapter 19.34 Temporary Use Permit and Standards, removing the language regarding Film Permits
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TWENTYNINE PALMS, CALIFORNIA, TAKES THE FOLLOWING ACTIONS:
Section 1. Based upon the review of the proposed amendment of the Development Code, Chapter 19.34 Temporary Use Permits, the City Council finds that the proposed amendment does not have the potential to have an adverse impact on the environment and, in accordance with the California Environmental Quality Act (CEQA) Guidelines Section 15061(b)(3), the activity is covered by the common-sense exemption that CEQA applies only to projects which have the potential for causing a significant effect on the environment.
Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.
Section 2. The City Council finds that the proposed amendment is consistent with the City's adopted General Plan Goals and Policies as the proposal will support the implementation of the General Plan and State law.
Section 3. The City Council approve and adopt the "Findings" required for approval of the Development Code update as set forth above.
Section 4. The City Council of the City of Twentynine Palms amend the Development Code as reflected in Exhibit "A."
Section 5. Notice of Adoption. The City Clerk of the City of Twentynine Palms shall certify to the adoption of this Ordinance and cause publication to occur in a newspaper of general circulation and published and circulated in the City in a manner permitted by Section 36933 of the Government Code of the State of California.
Section 6. Introduction Date. Ordinance No.___ was introduced by Council action on the 13th day of June 2023.
Section 7. Effective Date. Ordinance No. ___ becomes effective thirty (30) days after the second reading by City Council.
Section 8. Severability. If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and, to this end, the provisions of this Ordinance are declared to be severable.
PASSED, APPROVED, AND ADOPTED this 27
th day of June 2023.
MacArthur Wright, Mayor
ATTEST:
Cindy Villescas CMA, City Clerk
APPROVED AS TO FORM:
A. Patrick Munoz, City Attorney
I hereby certify that the foregoing is a true copy of Ordinance No. ___, introduced on the 13 th
day of June 2023 and duly adopted by the City Council of the City of Twentynine Palms in a meeting held on 27
th day of June 2023, in Twentynine Palms, California by the following vote, to wit.
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCILMEMBER:
COUNCILMEMBER:
COUNCILMEMBER:
COUNCILMEMBER:
Cindy Villescas CMC, City Clerk
City of Twentynine Palms Development Code Article 3, Administration, Permits and Procedures Adopted July 26, 2016
Effective August 25, 2016 Page 19.34-1 Temporary Use Permit and Standards Chapter 19.34 Temporary Use Permit and Standards
Sections:
19.34.010 Purpose................................................................................................................19.34-1
19.34.020 Applicability........................................................................................................19.34-1
19.34.030 Application and Required Fees...........................................................................19.34-2
19.34.040 Approving Authority...........................................................................................19.34-2
19.34.050 Public Hearing and Notice ..................................................................................19.34-2
19.34.060 Conditions of Approval.......................................................................................19.34-3
19.34.070 Findings for Approval.........................................................................................19.34-3
19.34.080 Notice of Decision ..............................................................................................19.34-3
19.34.090 Effective Date .....................................................................................................19.34-4
19.34.100 Appeals................................................................................................................19.34-4
19.34.110 Expiration............................................................................................................19.34-4
19.34.120 Extensions of Time .............................................................................................19.34-4
19.34.130 Amendments .......................................................................................................19.34-4
19.34.140 Conflicting Regulations ......................................................................................19.34-4
19.34.150 Annual Renewal of Temporary Use Permit........................................................19.34-4
19.34.160 Temporary Use Standards...................................................................................19.34-5
19.34.010 Purpose
The purpose of this Chapter is to establish standards for temporary activities and uses to ensure the overall health, safety and general welfare of the community is maintained and to establish permit and processing requirements of these temporary activities and uses.
19.34.020 Applicability
A. Temporary Use Permit Required. A Temporary Use Permit is required for each individual, agency, organization, institution or business wishing to conduct a temporary activity or use in conformance with the standards of this Chapter. A Temporary Use Permit is required for the following activities and uses:
1. Circuses, carnivals, concerts, rodeos, parades, car shows/sales, motor sports events, or similar outdoor events or enterprises.
2. Farmers market uses.
3. Outdoor art and craft shows and exhibits.
4. Sidewalk or parking lot sales.
EXHIBIT “A”
City of Twentynine Palms Development Code Article 3, Administration, Permits and Procedures Adopted July 26, 2016
Effective August 25, 2016 Page 19.34-2 Temporary Use Permit and Standards
5. Christmas tree sales lots, Halloween pumpkin sales, and other similar holiday sales.
6. Charitable or school-sponsored drop-off bins for recycling and/or for drop-off of clothes and small items.
7. Temporary security quarters, earth stockpiling sites, and/or storage yards on the site of a construction project.
8. Filming or photographic activities.
9. Temporary model home/sales office for the sale or lease of residential property or vacant lots.
10. Manufactured homes, mobile offices, or other approved structures to provide temporary office, retail, meeting, assembly, wholesale, manufacturing and/or storage space for commercial, industrial or institutional uses.
11. Seagoing cargo containers and other similar storage containers used for temporary storage.
12. Recreational or other civic uses which are strongly vested with public or social importance.
13. Additional uses and corresponding regulations determined by the Community Development Director.
B. Conditional Use Permit Required. Uses identified in Subsection 19.34.020.A of a proposed duration exceeding that specified in Section 19.34.160 (Temporary Use Standards) shall require a Conditional Use Permit in accordance with Chapter 19.42 (Conditional Use Permit).
19.34.030 Application and Required Fees
A. Application Filing and Processing. Applications for a Temporary Use Permit shall be filed and processed in accordance with Chapter 19.28 (Approval Requirements and Common Procedures).
B. Application Fees. Application fees shall be collected in accordance with Section 19.28.050 (Applications and Fees).
C. A copy of the n Additional Insured Endorsement of public liability insurance, along with an endorsement naming the City of Twentynine Palms as an additional named insured, and which includes coverage for the effective dates of the permit with a minimum limit of liability of $1 million per claim or occurrence shall be submitted with the application.
B.
19.34.040 Approving Authority
Temporary Use Permits shall be approved by the specified approving authority as designated in Table
19.28.110-1 (Approving Authority for Land Use Permits). The designated approving authority is authorized to approve, conditionally approve, modify or deny a Temporary Use Permit application.
City of Twentynine Palms Development Code Article 3, Administration, Permits and Procedures Adopted July 26, 2016
Effective August 25, 2016 Page 19.34-3 Temporary Use Permit and Standards
19.34.050 Public Hearing and Notice
No public hearing is required for processing of a Temporary Use Permit.
City of Twentynine Palms Development Code Article 3, Administration, Permits and Procedures Adopted July 26, 2016
Effective August 25, 2016 Page 19.34-4 Temporary Use Permit and Standards
19.34.060 Conditions of Approval
In approving an application for a Temporary Use Permit, the approving authority may impose reasonable and appropriate conditions in order to achieve the purposes of this Code, ensure consistency with the goals and policies of the General Plan, and justify making the necessary findings. Conditions may include, but shall not be limited to:
A. Hours of operation.
B. Walls, fences and lighting necessary to reduce possible detrimental effects to surrounding properties and to protect the public health, safety and welfare of the City.
C. The issuance of a cash performance bond deposited with the City to defray the City’s costs of providing services or cleaning up the property in the event the permittee fails to do so.
D. An Additional Insured Endorsement of public liability insurance, naming the City of Twentynine Palms as an additional named insured, and which includes coverage for the effective dates of the permit with a minimum limit of liability of $1 million per claim or occurrence.
19.34.070 Findings for Approval
Prior to approving a Temporary Use Permit as prescribed by this Chapter, the approving authority shall make all the following findings:
A. The operation will not jeopardize, endanger or otherwise constitute a risk to public health, safety or welfare.
B. The proposed site will accommodate the temporary use without being materially detrimental to the use and enjoyment of other properties in the vicinity.
C. The proposed site is adequately served by streets or highways having sufficient width and improvements to accommodate the traffic that the temporary use will or could reasonably be expected to generate.
D. Adequate temporary parking will be available either on-site or at an acceptable alternate location.
19.34.080 Notice of Decision
Written notice of decision shall be provided within five business days of the date of decision to the applicant and interested parties having requested notices in writing. The notice shall include:
A. The application request as acted upon by the Director.
B. The action taken by the Director.
C. Findings as listed for the permit.
D.C. The deadlines, criteria and fees for filing an appeal.
City of Twentynine Palms Development Code Article 3, Administration, Permits and Procedures Adopted July 26, 2016
Effective August 25, 2016 Page 19.34-5 Temporary Use Permit and Standards
19.34.090 Effective Date
Temporary Use Permits shall become effective on the day immediately following expiration of the appeal period when no timely appeal has been filed. Upon filing of a timely appeal, the effective date shall be suspended until such time that final action is taken on the appeal.
19.34.100 Appeals
Appeal of an action made pursuant to this Chapter shall be filed in accordance with Section 19.28.120 (Appeals).
19.34.110 Expiration
Temporary Use Permits shall expire one year from the date the original approval was granted, unless a shorter period is specified in the terms of the permit approval. Temporary Use Permits may be renewed in accordance with Section 19.34.150 (Annual Renewal of Temporary Use Permit).
19.34.120 Extensions of Time
No extensions are permitted for Temporary Use Permits.
19.34.130 Amendments
Amendments to an approved Temporary Use Permit shall be processed as a new application.
19.34.140 Conflicting Regulations
Where this Chapter prescribes regulations more restrictive than the land use district in which a temporary use is proposed, the provisions of this Chapter shall apply.
19.34.150 Annual Renewal of Temporary Use Permit
A. Request for Renewal. A request for renewal of a Temporary Use Permit must be filed in writing, along with any required fees, with the Community Development Director a minimum of 30 days prior to the expiration date of the approved permit.
B. Temporary Use Permits may be granted a renewal if all of the following conditions are met:
1. There has been no change in the number of the specified events under the approved Temporary Use Permit.
2. There has been no change in the duration or operation of the specified events under the approved Temporary Use Permit.
3. All events have been conducted in accordance with the time and duration specified under the approved Temporary Use Permit. Failure to conduct an approved event as specified in any year will result in termination of the Temporary Use Permit and no renewal shall be granted.
City of Twentynine Palms Development Code Article 3, Administration, Permits and Procedures Adopted July 26, 2016
Effective August 25, 2016 Page 19.34-6 Temporary Use Permit and Standards
4. Upon review of the Temporary Use Permit, the Director may modify the permit at any time to ensure compatibility with existing uses, changes in underlying land use designations, or compliance with the terms of the approved permit.
19.34.1560 Temporary Use Standards
A. General Standards. The following standard shall apply to all temporary activities and uses:
1. Upon completion or removal of the temporary activity or use, each site shall be left free of litter and any other evidence of the temporary use within 48 hours.
B. Standards by Activity/Use. The following standards shall apply to the specified temporary activity or use:
1. Circuses, carnivals, concerts, rodeos, parades, car shows/sales, motor sports events, or similar outdoor events or enterprises shall not exceed seven consecutive calendar days of operation. A maximum of four events may be held in any calendar year.
2. Farmers market uses shall not exceed 28 days in duration in any calendar year and shall not exceed seven consecutive calendar days of operation, except as otherwise allowed pursuant to Chapter
19.110 (Farmers Market Uses). A maximum of four events may be held in any calendar year. All farmers market uses shall comply with the standards of Chapter 19.110 (Farmers Market Uses).
3. Outdoor art and craft shows and exhibits shall not exceed seven consecutive calendar days of operation. A maximum of four events may be held in any calendar year.
4. Sidewalk or parking lot sales shall be in commercially zoned districts and shall not exceed seven consecutive calendar days of operation. A maximum of four events may be held in any calendar year.
5. Christmas tree sales lots, Halloween pumpkin sales, and other similar holiday sales shall not exceed 40 consecutive calendar days of operation. A maximum of four events may be held in any calendar year.
6. Charitable or school-sponsored drop-off bins for recycling and/or for drop-off of clothes and small items shall be located on commercial, industrial, or publicly owned property and may not exceed 90 days in duration in any calendar year. These may be consecutive days or cumulative days in any calendar year.
7. Temporary security quarters, earth stockpiling sites, and/or storage yards on the site of a construction project may continue for the duration of a valid Building Permit.
8. Filming or photographic activities shall not exceed 10 consecutive calendar days in duration. A maximum of four events may be approved in any calendar year.
9. Temporary model home/sales office for the sale or lease of residential property or vacant lots shall meet the following minimum requirements:
City of Twentynine Palms Development Code Article 3, Administration, Permits and Procedures Adopted July 26, 2016
Effective August 25, 2016 Page 19.34-7 Temporary Use Permit and Standards a. The model home/sales office shall be located in the subdivision or development for which the property is being offered.
b. A minimum of four paved parking spaces shall be provided. c. A cash performance bond shall be provided, in an amount appropriate to guarantee removal and/or conversion of the sales office and attendant facilities.
10. Manufactured homes, mobile offices, or other approved structures to provide temporary office, retail, meeting, assembly, wholesale, manufacturing and/or storage space for commercial, industrial or institutional uses may continue for the duration of a valid Building Permit.
11. Seagoing cargo containers and other similar storage containers used for temporary storage may continue for the duration of a valid Building Permit.
12. Recreational or other civic uses which are strongly vested with public or social importance. Such uses may continue for the duration as specified in the permit, not to exceed 30 consecutive days.
STAFF REPORT
TO: City Council
FROM: Community Development Director
FOR MEETING: Jun 27 2023
SUBJECT: DCA Film Permits - Second Reading.
RECOMMENDATION:
The City Council find the project exempt from CEQA and adopt the Ordinance adding Chapter 19.35, Film Permits to the Development Code.
ORDER OF PROCEDURE:
Request Staff Report (Community Development Director
Presenting)
Council Questions of Staff
Receive Public Comment
Council Discussion
Motion/Second
Discussion on Motion
Call The Question
ATTACHMENTS:
• City Council Ordinance - Film
Permits
• Chapter 19.35 Film Permits
draft
BACKGROUND:
On June 13, 2023, the City Council conducted a Public Hearing to amend the Development Code, adding Chapter
19.35 expanding the regulations for the issuance of film permits.
In brief, the proposed Film Permit Ordinance makes the following changes to the way film permits are processed:
Film Permits would be separated from the Temporary Use Permit section of the Development Code
Application processing time has been reduced from 30 days to 10 days There are no restrictions on the number of Film Permits on any given location, such as there is under Temporary Use Permits
If there are five (5) or fewer personnel (including crew) involved in a film shoot, there are no more than two passenger vehicles, and no other criteria are met (i.e. the use of pyrotechnics or road closures), then no Film Permit is required.
The Planning Commission held a study session at their meeting of March 07, 2023, creating regulations for Film Permit processing. Currently, Film Permits are included as a part of the Temporary Use Permit (TUP) regulations. Commission direction was to separate out Film Permits from TUP's and create a new Chapter within the Development Code.
At the meeting of April 18, 2023, the Planning Commission held a Public Hearing on a Development Code Amendment adding Chapter 19.35 Film Permits as written. The Commission forwarded a recommendation to the City Council for adoption of the Ordinance. Page 27 of 227 The draft regulations for Film Permits was presented to the Public Arts Advisory Committee (PAAC) on April 19, 2023 and the following changes were recommended:
Student productions should be exempt from fees
Filming in the National Park buffer zone should require a City approved conservationist.
These items have not been included in the draft Ordinance, as neither of these subjects are in the purview of the PAAC.
Staff has created a draft Ordinance which identifies when a permit is required, two levels of permitting based upon length of filming activity, conditions of approval and additional permits or approvals that may be required.
ENVIRONMENTAL:
The project is exempt from the California Environmental Quality Act (CEQA). Pursuant to Section 15061(b)(3), the activity is covered by the common-sense exemption that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.
ALTERNATIVES:
The City Council could choose to:
1. Request additional information from Staff and postpone the adoption of the Ordinance to a date certain.
2. Deny the Development Code Amendment.
FISCAL IMPACT:
None.
CITY OF TWENTYNINE
PALMS CITY COUNCIL
ORDINANCE NO. ___
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TWENTYNINE
PALMS, CALIFORNIA, ADOPTING A DEVELOPMENT CODE
AMENDMENT ADDING CHAPTER 19.35 FILM PERMITS TO THE CITY OF TWENTYNINE PALMS DEVELOPMENT CODE.
WHEREAS, the City of Twentynine Palms General Plan was adopted by the City Council on April 24, 2012; and
WHEREAS, the City of Twentynine Palms Development Code was adopted by the City Council on July 26, 2016; and
WHEREAS, on March 07, 2023, the Planning Commission held a study session regarding regulations for Film Permits; and
WHEREAS, on April 18, 2023, the Planning Commission of the City of Twentynine Palms conducted a duly noticed and advertised Public Hearing on the Development Code Amendment for Chapter 19.35, Film Permits; and
WHEREAS, on May 31, 2023, the Development Code Amendment was duly noticed in the Desert Trail, a newspaper of general circulation within the City of Twentynine Palms; and
WHEREAS, on June 13, 2023, the City Council of the City of Twentynine Palms conducted a duly noticed and advertised Public Hearing on the Development Code Amendment as reflected in "Exhibit A" in accordance with the California Government Code Section 65350 et. seq. and California Government Code Section 65853 et. seq., required by law for this amendment; and
WHEREAS, a Public Hearing was held by the City Council on June 13, 2023, at which time the Council introduced Ordinance No. ___, adding Chapter 19.35 Film Permits to the Development Code, and
WHEREAS, on June 13, 2023, at the above noted Public Hearing for the Development Code Amendment, the City Council of the City of Twentynine Palms considered the potential environmental impacts that may occur with the adoption of the proposed Development Code Amendment and recommended that in accordance with the California Environmental Quality Act (CEQA) Guidelines Section, the proposed zoning text amendment has been reviewed for its potential to impact the environment. Pursuant to Section 15061(b)(3) of the State Guidelines to Implement the California Environmental Quality Act, the activity is covered by the commonsense exemption that CEQA applies only to projects which have the potential for causing a significant effect on the environment.
Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA; and WHEREAS, the City Council found that on the basis of the whole record before it, including any public comments received, there is no substantial evidence that the Development Code Amendment would have a significant effect on the environment and that the proposed CEQA determination reflected the City Council's independent judgment and analysis; and Page 29 of 227
WHEREAS, the City Council, in its review of the proposed Development Code Amendment, makes the following findings:
A. That the Zone Change or Development Code Amendment is consistent with the intent of the goals and policies of the General Plan.
The Development Code Amendment is consistent with the following policies of the General Plan:
Goal LU-1 – Encourage orderly growth and development as envisioned by community residents.
Goal LU-10 - Promote a high quality of life for Twentynine Palms residents by developing and sustaining a strong and diverse local economy.
B. The Zone Change or Development Code Amendment prescribes reasonable controls and standards to ensure compatibility with other established uses.
The Development Code Amendment is to add a Chapter to the Development Code establishing regulations on the issuance of film permits.
C. The Zone Change or Development Code Amendment provides reasonable property development rights while protecting environmentally sensitive land uses and species.
The Amendment is to establish regulations on the issuance of Film Permits.
D. The Zone Change or Development Code Amendment ensures protection of the general health, safety and welfare of the community.
The Development Code Amendment will provide regulations on the type and timeframes for filming in the City to protect the health, safety and welfare of the community.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TWENTYNINE PALMS, CALIFORNIA, TAKES THE FOLLOWING ACTIONS:
Section 1. Based upon the review of the proposed amendment of the Development Code, Chapter 19.35 Film Permits, the City Council finds that the proposed amendment does not have the potential to have an adverse impact on the environment and, in accordance with the California Environmental Quality Act (CEQA) Guidelines Section 15061(b)(3), the activity is covered by the common-sense exemption that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.
Section 2. The City Council finds that the proposed amendment is consistent with the City's adopted General Plan Goals and Policies as the proposal will support the implementation of the General Plan and State law.
Section 3. The City Council approve and adopt the "Findings" required for approval of the Development Code update as set forth above.
Section 4. The City Council of the City of Twentynine Palms amend the Development Code as reflected in Exhibit "A."
Section 5. Notice of Adoption. The City Clerk of the City of Twentynine Palms shall certify to the adoption of this Ordinance and cause publication to occur in a newspaper of general circulation and published and circulated in the City in a manner permitted by Section 36933 of the Government Code of the State of California.
Section 6. Introduction Date. Ordinance No.___ was introduced by Council action on the 13th day of June 2023.
Section 7. Effective Date. Ordinance No. ___ becomes effective thirty (30) days after the second reading by City Council.
Section 8. Severability. If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and, to this end, the provisions of this Ordinance are declared to be severable.
PASSED, APPROVED, AND ADOPTED this 27
th day of June 2023.
MacArthur Wright, Mayor
ATTEST:
Cindy Villescas CMA, City Clerk
APPROVED AS TO FORM:
A. Patrick Munoz, City Attorney
I hereby certify that the foregoing is a true copy of Ordinance No. ___, introduced on the 13 th
day of June 2023 and duly adopted by the City Council of the City of Twentynine Palms in a meeting held on 27
th day of June 2023, in Twentynine Palms, California by the following vote, to wit.
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCILMEMBER:
COUNCILMEMBER:
COUNCILMEMBER:
COUNCILMEMBER:
Cindy Villescas CMC, City Clerk
City of Twentynine Palms Development Code Article 3, Administration, Permits and Procedures Adopted
Effective Page 19.35-1 Film Permits
Chapter 19.35 Film Permits
Sections:
19.35.010 Purpose................................................................................................................19.35-1
19.35.020 Permit Required ..................................................................................................19.35-1
19.35.030 Exemptions..........................................................................................................19.35-1
19.35.040 Application Submittal and Required Fees ..........................................................19.35-2
19.35.050 Approving Authority...........................................................................................19.35-2
19.35.060 Conditions of Approval.......................................................................................19.35-3
19.35.070 Additional Permits/Approvals Required.............................................................19.35-3
19.35.080 Notice of Decision ..............................................................................................19.35-3
19.35.090 Expiration ...........................................................................................................19.35-4
19.35.100 Extensions of Time .............................................................................................19.35-4
19.35.110 Amendments .......................................................................................................19.35-4
19.35.010 Purpose
The purpose of this Chapter is to establish standards for filming, videotaping, motion picture, still photography, and the use of drones for filming activity for commercial purposes and to ensure that the overall health, safety and general welfare of the community is maintained and to establish permit and processing requirements of these activities and uses.
19.35.020 Permit Required
Except as otherwise exempt by this Chapter, a Film Permit is required for each individual, agency, organization, institution or business wishing to conduct any filming, , videotaping, motion picture and still photography, and the use of drones for filming activity or use within City limits.
19.35.030 Exemptions
The provisions of this Chapter shall not apply to the following:
A. News media, for the purpose of television news broadcast by reporters, photographers or cameramen.
B. Filming activities conducted for use in a criminal investigation, civil proceedings and emergencies, such as fire, flood, police actions, etc.
C. Film crews of less than five people, limited to the use of two (2) passenger vehicles, D. Filming activities that are conducted completely inside a structure not visible from the public, and limited to two (2) passenger vehicles,
EXHIBIT “A”
City of Twentynine Palms Development Code Article 3, Administration, Permits and Procedures Adopted
Effective Page 19.35-2 Film Permits
E. Filming with a cell phone or handheld camera for personal use or online platform, limited to five participants and two (2) passenger vehicles.
F. Filming personal events such as a wedding, birthday party, etc.
19.35.040 Application Submittal and Required Fees
A. Application Filing and Processing. Applications for a Film Permit shall be filed and processed in accordance with Chapter 19.28 (Approval Requirements and Common Procedures).
B. Application Fees. Application fees shall be collected in accordance with Section 19.28.050 (Applications and Fees).
C. Filming activities less than or equal to seven (7) days in duration will require that the application shall be filed no less than ten (10) working days prior to the proposed filming activity. The applicant is required to provide proof of noticing as directed by the City and will require a Minor Film Permit.
D. Filming activities greater than seven (7) days in duration will require that the application shall be filed no less than ten (30) working days prior to the proposed filming activity, and will require a Major Film Permit.
19.35.050 Approving Authority
Film Permits shall be approved by the Community Development Director or his/her designee. The designated approving authority is authorized to approve, conditionally approve, modify or deny a Film Permit application.
19.35.060 Conditions of Approval
In approving an application for a Film Permit, the approving authority may impose reasonable and appropriate conditions in order to achieve the purposes of this Code, ensure consistency with the goals and policies of the General Plan. Conditions may include, but shall not be limited to:
A. Restrictions on hours of filming activity
B. Requirements concerning notice to affected property owners of the filming activity.
C. Requirements concerning posting of no parking signs and placement of other traffic control devices.
D. Requirements for the presence of County Sheriff, County Fire Dept., or City Public Works employees when required, at the applicant’s expense.
E. Restrictions on the use of gunfire, pyrotechnics, explosions, and/or other noise-creating or hazardous devices.
F. Restrictions on construction of new structures (i.e. stages), including the requirements of utility connections thereto.
City of Twentynine Palms Development Code Article 3, Administration, Permits and Procedures Adopted
Effective Page 19.35-3 Film Permits
G. Restrictions on the use of lighting equipment, especially at night.
H. Special noticing requirements if the filming activities emulate law enforcement, military, or weaponry.
I. Restrictions of activities within certain areas of the City, or nearby sensitive areas.
J. Restrictions on the use of drones for the purpose of filming.
K. Filming permit activity may not exceed a total of 90 days at one location in one calendar year.
19.35.070 Additional Permits/Approvals Required
A. Any proposed filming activity that may be conducted in the public right of way or may impact traffic circulation shall require the submittal of Encroachment Permit to the Engineering Division.
B. The use of, or emulation of, any type of weaponry shall require written approval from the San Bernardino County Sheriff’s office.
C. The use of, or emulation of, any type of explosives, fires, or pyrotechnics shall require written approval from the San Bernardino County Fire Department.
19.35.080 Notice of Decision
Written notice of decision shall be provided within five business days of the date of decision to the applicant and interested parties having requested notices in writing. The notice shall include:
A. The application request as acted upon by the Director.
B. The action taken by the Director.
C. The deadlines, criteria and fees for filing an appeal.
19.35.090 Expiration
Film Permits are valid only for the dates specified in the application and shall expire on the last date listed.
19.35.100 Extensions of Time
Extension of time may be permitted, provided that no violations of the Conditions of Approval have occurred as a part of the filming activity.
19.35.110 Amendments
Amendments to an approved Film Permit shall be processed as a new application.
STAFF REPORT
TO: City Council
FROM: City Manager
FOR MEETING: Jun 27 2023
SUBJECT: Fire Department Emergency Response Report - MAY 2023.
ATTACHMENTS:
• TNP Monthly Totals - May
2023
Incident Totals
1 1
4 5
1 1
9 258
2 8
1 15
1 307
Traffic Collision
Totals
Incident Type
Vehicle Fire
Medical
Public Service
Structure Fire
Outside Elec Incident
Vegetation Fire
Unknown Fire
Unknown
Refuse Fire
Railcar Incident
San Bernardino County Fire Area Incident Report
Criteria: 5/1/2023 to 5/31/2023
Division(s): South Desert
Battalion(s): 6, 7
City(ies): Twentynine Palms
Investigation/Alarm
Dumpster Fire
Printed on 6/5/2023 1:35 PM Page 1 of 1 Page 38 of 227
STAFF REPORT
TO: City Council
FROM: City Manager
FOR MEETING: May 23 2023
SUBJECT: Legislative Report - May 2023
ATTACHMENTS:
• Surplus Land Act May 2023
• Public Safety Legislative
Summary May 2023
• Housing May 2023
• Weekly Legislative Report
050423
• May 2023 Monthly Newsletter
• May 2023 Legislative Matrix
Surplus Land Act
Legislative Summary 2023
AB 457 (Patterson, Joe R) Surplus Land Act: exempt surplus land: leases.
Current Text: Amended: 3/15/2023 html pdf
Introduced: 2/6/2023
Status: 5/3/2023-Referred to Com. on GOV. & F.
Location: Senate Gov. & F.
Calendar:
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: Current law requires land to be declared surplus land or exempt surplus land, as supported by written findings, before a local agency takes any action to dispose of it consistent with the agency’s policies or procedures. Current law requires any local agency disposing of surplus land to send, prior to disposing of that property or participating in negotiations to dispose of that property with a prospective transferee, a written notice of availability of the property pursuant to prescribed procedures. This bill would expand “exempt surplus land” to include a parcel that is (1) identified in the local agency’s circulation element or capital improvement program for future roadway development, (2) no larger than 2 acres, (3) zoned for retail commercial use, and leased for a purpose consistent with the underlying zoning, and (4) abuts a state highway right-of-way.
AB 480 (Ting D) Surplus land.
Current Text: Amended: 4/5/2023 html pdf
Introduced: 2/7/2023
Status: 4/27/2023-From committee: Do pass and re-refer to Com. on APPR. (Ayes 6. Noes 1.) (April 26).
Re-referred to Com. on APPR.
Location: Assembly Appropriations
Calendar:
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: Current law prescribes requirements for the disposal of surplus land by a local agency, as defined, and requires, except as provided, a local agency disposing of surplus land to comply with certain notice requirements before disposing of the land or participating in negotiations to dispose of the land with a prospective transferee, particularly that the local agency send a notice of availability to specified entities that have notified the Department of Housing and Community Development of their interest in surplus land, as specified. Under current law, if the local agency receives a notice of interest, the local agency is required to engage in good faith negotiations with the entity desiring to purchase or lease the surplus land. Current law requires a local agency to take formal action in a regular public meeting to declare land is surplus and is not necessary for the agency’s use and to declare land as either “surplus land” or “exempt surplus land,” as supported by written findings, before a local agency may take any action to dispose of it consistent with an agency’s policies or procedures. This bill would recast that provision and would exempt a local agency, in specified instances, from making a declaration at a public meeting for land that is “exempt surplus land” if the local agency identifies the land in a notice that is published and available for public comment at least 30 days before the exemption takes effect.
AB 510 (Jackson D) Public social services: purposes.
Current Text: Amended: 4/13/2023 html pdf
Introduced: 2/7/2023
Status: 5/3/2023-In committee: Hearing postponed by committee.
Location: Assembly Appropriations
Calendar:
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: Current law establishes various public social services programs, including, among others, CalWORKs and the State Supplementary Program for Aged, Blind and Disabled. Current law sets forth the purposes of public social services for which state grants are made to counties that include, among others, providing reasonable support and maintenance for needy and dependent families and persons. This bill would instead state that providing reasonable support and maintenance for needy and vulnerable children, adults, and families is a purpose of public social services.
AB 837 (Alvarez D) Surplus land: exempt surplus land: sectional planning area.
Current Text: Amended: 5/1/2023 html pdf
Introduced: 2/14/2023
Status: 5/10/2023-In committee: Set, first hearing. Referred to suspense file.
Location: Assembly Appropriations Suspense File
Calendar:
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: Current law prescribes requirements for the disposal of surplus land by a local agency. Current law defines terms for these purposes, including, among others, “surplus land” to mean land owned in fee simple by any local agency for which the local agency’s governing body takes formal action in a regular public meeting declaring that the land is surplus and is not necessary for the agency’s use. Current law defines “exempt surplus land” to mean, among other things, surplus land that a local agency is exchanging for another property necessary for the agency’s use and surplus land that a local agency is transferring to another local, state, or federal agency for the agency’s use. Current law provides that an agency is not required to follow the requirements for disposal of surplus land for “exempt surplus land,” except as provided. This bill would provide, until January 1, 2024, that land that is subject to a sectional planning area, as described, is not subject to the above-described requirements for the disposal of surplus land if specified conditions are met. The bill would, commencing April 1, 2025, and annually thereafter, require a local agency that disposes of land pursuant to these provisions submit a specified report to the Department of Housing and Community Development.
AB 983 (Cervantes D) Surplus land.
Current Text: Amended: 3/16/2023 html pdf
Introduced: 2/15/2023
Status: 4/28/2023-Failed Deadline pursuant to Rule 61(a)(2). (Last location was L. GOV. on 3/16/2023) (May be acted upon Jan 2024)
Location: Assembly 2 year
Calendar:
Desk 2 year Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: Current law establishes procedures for the disposal of surplus land, including requiring certain information to be provided to the Department of Housing and Community Development. These procedures do not apply to the disposal of exempt surplus land. Current law describes various categories of “exempt surplus land,” including surplus land that is less than 5,000 square feet in area, less than the minimum legal residential building lot size for the jurisdiction in which the parcel is located, or 5,000 square feet in area, whichever is less, or has no record access and is less than 10,000 square feet in area; and is not contiguous to land owned by a state or local agency that is used for open-space or low- and moderateincome housing purposes. In this regard, if this category of surplus land is not sold to an owner of contiguous land, it is not considered exempt surplus land and is subject to the surplus land procedures. This bill would expand the above category of “exempt surplus land” to include land that is designated in an adopted downtown revitalization plan not to exceed 1.1 square miles and includes residential, commercial, office, civic and hospitality uses.
AB 1607 (Carrillo, Wendy D) Los Angeles County Affordable Housing Solutions Agency.
Current Text: Amended: 4/20/2023 html pdf
Introduced: 2/17/2023
Status: 5/10/2023-In committee: Set, first hearing. Referred to suspense file.
Location: Assembly Appropriations Suspense File
Calendar:
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: Current law prescribes requirements for the disposal of surplus land, as defined, by a local agency. Current law requires land to be declared surplus land or exempt surplus land, as supported by written findings, before a local agency takes any action to dispose of it consistent with the agency’s policies or procedures. The Los Angeles County Regional Housing Finance Act (act) establishes the Los Angeles County Affordable Housing Solutions Agency (agency) to increase the supply of affordable housing in the
County of Los Angeles. This bill would exempt, from the above-described requirements applicable to surplus land, land owned by the agency that is disposed of for the production of qualified housing, as defined. The bill would require the agency to submit an annual report containing specified information to the Department of Housing and Community Development.
AB 1734 (Jones-Sawyer D) Local Government: Surplus Land Act: exemptions.
Current Text: Amended: 4/20/2023 html pdf
Introduced: 2/17/2023
Status: 5/10/2023-In committee: Set, first hearing. Referred to suspense file.
Location: Assembly Appropriations Suspense File
Calendar:
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: Current law requires land to be declared surplus land or exempt surplus land, as supported by written findings, before a local agency takes any action to dispose of it consistent with the agency’s policies or procedures. Current law sets forth procedures for the disposal of surplus land, including, but not limited to, specified notice requirements, and provides that these procedures do not apply to exempt surplus land.
This bill would specify that land disposed of by a local agency for certain purposes, including emergency shelters, supportive housing, transitional housing, or affordable housing, as described, is not subject to the above-described requirements, if the local agency meets certain prescribed requirements, including, among others, having received designation as prohousing.
SB 34 (Umberg D) Surplus land disposal: violations: Orange County.
Current Text: Amended: 2/22/2023 html pdf
Introduced: 12/5/2022
Status: 5/2/2023-Read second time. Ordered to third reading.
Location: Senate Third Reading
Calendar: 5/11/2023 #38 SENATE SENATE BILLS -THIRD READING FILE Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: Would, until January 1, 2030, would require the County of Orange, or any city located within Orange County, if notified by the Department of Housing and Community Development that its planned sale or lease of surplus land is in violation of existing law, to cure or correct the alleged violation within 60 days, as prescribed. The bill would prohibit an Orange County jurisdiction that has not cured or corrected any alleged violation from disposing of the parcel until the department determines that it has complied with existing law or deems the alleged violation not to be a violation.
SB 229 (Umberg D) Surplus land: disposal of property: violations: public meeting.
Current Text: Amended: 2/23/2023 html pdf
Introduced: 1/23/2023
Status: 5/2/2023-Read second time. Ordered to third reading.
Location: Senate Third Reading
Calendar: 5/11/2023 #40 SENATE SENATE BILLS -THIRD READING FILE Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: Current law prescribes requirements for the disposal of land determined to be surplus land by a local agency. Those requirements include a requirement that a local agency, before disposing of a property or participating in negotiations to dispose of that property with a prospective transferee, send a written notice of availability of the property to specified entities, depending on the property’s intended use, and send specified information in regard to the disposal of the parcel of surplus land to the Department of Housing and Community Development. Current law, among other enforcement provisions, makes a local agency that disposes of land in violation of these disposal provisions, after receiving notification of violation from the department, liable for a penalty of 30% of the final sale price of the land sold in violation for a first violation and 50% for any subsequent violation. Under current law, except as specified, a local agency has 60 days to cure or correct an alleged violation before an enforcement action may be brought. This bill would require a local agency that has received a notification of violation from the department to hold an open and public session to review and consider the substance of the notice of violation. The bill would require the local agency’s governing body to provide prescribed notice no later than 14 days before the public session.
SB 634 (Becker D) Low Barrier Navigation Center: opportunity housing: use by right: building standards.
Current Text: Amended: 5/9/2023 html pdf
Introduced: 2/16/2023
Status: 5/9/2023-From committee with author's amendments. Read second time and amended. Re-referred to Com. on APPR.
Location: Senate Appropriations
Calendar: 5/15/2023 10 a.m. - 1021 O Street, Room 2200 SENATE APPROPRIATIONS, PORTANTINO, ANTHONY, Chair
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: Current law provides that the California Environmental Quality Act (CEQA) does not apply to an action taken by a public agency to lease, convey, or encumber land owned by a public entity or to facilitate the lease, conveyance, or encumbrance of land owned by a public agency, or to provide financial assistance to, or otherwise approve, a Low Barrier Navigation Center constructed or allowed by existing law. CEQA does not apply to the ministerial approval of projects. Current law prescribes requirements for notifying a developer that its application for a Low Barrier Navigation Center development is complete and for the local jurisdiction to complete its review of the application. Current law declares that Low Barrier Navigation Center developments are essential tools for alleviating the homelessness crisis in this state and are a matter of statewide concern and thus applicable to charter cities. Current law repeals these provisions as of January 1, 2027. This bill would additionally require an opportunity housing project, as defined, to be a use by right if the project has a housing transition plan for a situation when the parcel on which the project is located is no longer suitable for opportunity housing projects, as specified. The bill would also expand use by right to include sites used pursuant to Executive Order No. N-23-20 and areas zoned for medical use or faith-based use. The bill would provide that these provisions do not apply to an opportunity housing project located on a site in a nonresidential zone unless the site is located near amenities and services that serve people experiencing homelessness, as specified. The bill, by authorizing additional developments to be a use by right under certain circumstances, would expand the exemption for the ministerial approval of projects under CEQA.
SB 693 (Seyarto R) Exempt surplus land: City of Murrieta.
Current Text: Introduced: 2/16/2023 html pdf
Introduced: 2/16/2023
Status: 5/5/2023-Failed Deadline pursuant to Rule 61(a)(3). (Last location was GOV. & F. on 3/1/2023)(May be acted upon Jan 2024)
Location: Senate 2 year
Calendar:
Desk 2 year Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: Current law prescribes requirements for the disposal of surplus land, as defined, by a local agency, as defined. Current law requires land to be declared surplus land or exempt surplus land, as supported by written findings, before a local agency takes any action to dispose of it consistent with the agency’s policies or procedures. Current law requires any local agency disposing of surplus land to send, prior to disposing of that property or participating in negotiations to dispose of that property with a prospective transferee, a written notice of availability of the property pursuant to prescribed procedures. This bill would exempt specified parcels located within the City of Murrieta from the Surplus Land Act. This bill contains other related provisions.
SB 747 (Caballero D) Land use: economic development: surplus land.
Current Text: Amended: 5/1/2023 html pdf
Introduced: 2/17/2023
Status: 5/5/2023-Set for hearing May 15.
Location: Senate Appropriations
Calendar: 5/15/2023 10 a.m. - 1021 O Street, Room 2200 SENATE APPROPRIATIONS, PORTANTINO, ANTHONY, Chair
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: Current law authorizes a city, county, or city and county, with the approval of its legislative body by resolution after a public hearing, to acquire, sell, or lease property in furtherance of the creation of an economic opportunity, as defined. Existing law specifies the Legislature’s intent regarding those provisions.
This bill would authorize a city, county, or city and county, in addition to a sale or lease, to otherwise transfer property to create an economic opportunity. The bill would make related, conforming changes.
SB 867 (Allen D) Drought, Flood, and Water Resilience, Wildfire and Forest Resilience, Coastal Resilience, Extreme Heat Mitigation, Biodiversity and Nature-Based Climate Solutions, Climate Smart Agriculture, Park Creation and Outdoor Access, and Clean Energy Bond Act of 2024.
Current Text: Amended: 4/19/2023 html pdf
Introduced: 2/17/2023
Status: 5/8/2023-May 8 hearing: Placed on APPR suspense file.
Location: Senate Appropriations Suspense File
Calendar:
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: Would enact the Drought, Flood, and Water Resilience, Wildfire and Forest Resilience, Coastal Resilience, Extreme Heat Mitigation, Biodiversity and Nature-Based Climate Solutions, Climate Smart Agriculture, Park Creation and Outdoor Access, and Clean Energy Bond Act of 2024, which, if approved by the voters, would authorize the issuance of bonds in the amount of $15,500,000,000 pursuant to the State General Obligation Bond Law to finance projects for drought, flood, and water resilience, wildfire and forest resilience, coastal resilience, extreme heat mitigation, biodiversity and nature-based climate solutions, climate smart agriculture, park creation and outdoor access, and clean energy programs.
Total Measures: 13
Total Tracking Forms: 46
PUBLIC SAFETY
Legislative Summary 2023
AB 24 (Haney D) Emergency response: opioid antagonist kits.
Current Text: Amended: 4/26/2023 html pdf
Introduced: 12/5/2022
Status: 5/10/2023-In committee: Set, first hearing. Referred to suspense file.
Location: Assembly Appropriations Suspense File
Calendar:
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: Would require the State Department of Public Health to compile a list of all counties that are experiencing an opioid overdose crisis, as defined, and publish the list on its internet website. The bill would also require the department to provide opioid antagonist kits free of charge to as many designated facilities as possible in the counties on the list, to create the opioid antagonist poster with easy-to-understand instructions and graphics on the administration of the attached opioid antagonist nasal spray, and to make the determination on how best to allocate and distribute its limited supply of opioid antagonist among its various programs in the event of an opioid antagonist supply shortage.
AB 33 (Bains D) Fentanyl Addiction and Overdose Prevention Task Force.
Current Text: Amended: 5/2/2023 html pdf
Introduced: 12/5/2022
Status: 5/3/2023-Re-referred to Com. on APPR.
Location: Assembly Appropriations
Calendar:
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: Would establish the Fentanyl Addiction and Overdose Prevention Task Force to undertake various duties relating to fentanyl abuse, including, among others, collecting and organizing data on the nature and extent of fentanyl abuse in California and evaluating approaches to increase public awareness of fentanyl abuse. The bill would require the task force to be cochaired by the Attorney General and the Surgeon General, or their designees, and would specify the membership of the task force. The bill would require the first meeting of the task force to take place no later than March 1, 2024, and would require the task force to meet at least once every 2 months. The bill would require the task force to submit an interim report to the Governor and the Legislature by January 1, 2025, and would require the task force to report its findings and recommendations to the Governor and the Legislature by July 1, 2025. The bill would repeal these provisions on January 1, 2026.
AB 40 (Rodriguez D) Emergency medical services.
Current Text: Amended: 4/20/2023 html pdf
Introduced: 12/5/2022
Status: 5/10/2023-In committee: Set, first hearing. Referred to suspense file.
Location: Assembly Appropriations Suspense File
Calendar:
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: Among other duties, current law requires the Emergency Medical Services Authority to develop planning and implementation guidelines for EMS systems, provide technical assistance to existing agencies, counties, and cities for the purpose of developing the components of EMS systems, and receive plans for the implementation of EMS and trauma care systems from local EMS agencies. This bill would require the authority to develop an electronic signature for use between the emergency department medical personnel at a receiving facility and the transporting emergency medical personnel that captures the points in time
when the hospital receives notification of ambulance arrival and when transfer of care is executed for documentation of ambulance patient offload time, as defined. The bill would require every local EMS agency to develop a standard not to exceed 30 minutes, 90% of the time, for ambulance patient offload time. The bill would also require the authority to develop an audit tool to improve data accuracy regarding transfer of care, as specified, and to provide technical assistance and funding as needed, subject to an appropriation, for small rural hospitals and volunteer EMS providers to implement these provisions. The bill would require the authority to adopt emergency regulations to implement these provisions on or before March 1, 2024.
AB 367 (Maienschein D) Controlled substances: enhancements.
Current Text: Amended: 3/22/2023 html pdf
Introduced: 2/1/2023
Status: 4/27/2023-In committee: Set, final hearing. Failed passage. In committee: Reconsideration granted.
Location: Assembly Public Safety
Calendar:
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: Current law imposes an additional and consecutive 3- or 5-year term in the state prison on a person who personally inflicts great bodily injury on a person in the commission of a felony, as specified. This bill, until January 1, 2029, would state that, for purposes of this enhancement, a person inflicts great bodily injury when they sell, furnish, administer, or give away fentanyl or an analog of fentanyl and the person to whom the substance was sold, furnished, administered, or given suffers a significant or substantial physical injury from using the substance. The bill would specify that this provision does not apply to juvenile offenders.
AB 550 (Schiavo D) Homelessness: point-in-time count results: meetings.
Current Text: Amended: 4/5/2023 html pdf
Introduced: 2/8/2023
Status: 5/3/2023-In committee: Set, first hearing. Referred to suspense file.
Location: Assembly Appropriations Suspense File
Calendar:
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: The Planning and Zoning Law requires each city, county, and city and county to prepare and adopt a general plan that contains certain mandatory elements, including a housing element. Current law requires the housing element to identify the existing and projected housing needs of all economic segments of the community. Current federal law requires a continuum of care, a group organized under the federal McKinney-Vento Homeless Assistance Act, to develop a plan that includes planning for and conducting, at least biennially, a point-in-time count of homeless persons within the geographic area. Current law requires that information from the point-in-time count be used to, among other things, allocate funding for the Homeless Emergency Aid program and Homeless Housing, Assistance, and Prevention program. This bill would require a city, county, and city and county, within 60 days after the local continuum of care releases the results of a point-in-time count for a city, county, or city and county’s jurisdiction, to, among other things, agendize the point-in-time count results at a meeting of the city, county, or city and county and present the steps the city, county, or city and county is taking to prevent and end homelessness, including, but not limited to, consideration of specified actions.
AB 642 (Ting D) Law enforcement agencies: facial recognition technology.
Current Text: Amended: 5/1/2023 html pdf
Introduced: 2/9/2023
Status: 5/2/2023-Re-referred to Com. on APPR.
Location: Assembly Appropriations
Calendar:
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: Would prescribe the acceptable and prohibited uses for facial recognition technology (FRT), as defined, by a law enforcement agency or peace officer, as defined. The bill would set certain requirements for FRT systems and reference databases, as defined, used by law enforcement agencies. The bill would require the Department of Technology, in consultation with the Chief of the Office of Information Security, to issue standards to ensure the confidentiality and cybersecurity of FRT data and results. The bill would require law enforcement agencies to establish written policies that adhere to those standards. The bill would require law enforcement agencies utilizing FRT to keep certain records and to annually report certain data to the California State Auditor. The bill would require any law enforcement agency utilizing FRT to have a written policy, as specified, and to post that policy on their internet website. The bill would require a law enforcement agency to provide certain information to any person that FRT is used to identify.
AB 742 (Jackson D) Law enforcement: police canines.
Current Text: Amended: 3/15/2023 html pdf
Introduced: 2/13/2023
Status: 4/26/2023-In committee: Set, first hearing. Referred to suspense file.
Location: Assembly Appropriations Suspense File
Calendar:
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: Would prohibit the use of an unleashed police canine by law enforcement to apprehend a person, and any use of a police canine for crowd control. The bill would prohibit law enforcement agencies from authorizing any use or training of a police canine that is inconsistent with this bill.
AB 1034 (Wilson D) Law enforcement: facial recognition and other biometric surveillance.
Current Text: Amended: 5/1/2023 html pdf
Introduced: 2/15/2023
Status: 5/2/2023-Read second time. Ordered to third reading.
Location: Assembly Third Reading
Calendar: 5/11/2023 #112 ASSEMBLY THIRD READING FILE - ASSEMBLY BILLS Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: Would prohibit a law enforcement agency or law enforcement officer from installing, activating, or using any biometric surveillance system in connection with an officer camera or data collected by an officer camera. The bill would authorize a person to bring an action for equitable or declaratory relief against a law enforcement agency or officer who violates that prohibition.
SB 19 (Seyarto R) Anti-Fentanyl Abuse Task Force.
Current Text: Amended: 3/7/2023 html pdf
Introduced: 12/5/2022
Status: 4/10/2023-April 10 hearing: Placed on APPR suspense file.
Location: Senate Appropriations Suspense File
Calendar:
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: Would, upon appropriation by the Legislature, establish the Anti-Fentanyl Abuse Task Force to undertake various duties relating to fentanyl abuse including, among others, collecting and organizing data on the nature and extent of fentanyl abuse in California and evaluating approaches to increase public awareness of fentanyl abuse. The bill would require the task force to be chaired by the Attorney General, or their designee, and would specify the membership of the task force. The bill would require the first meeting of the task force to take place no later than March 1, 2024, and would require the task force to meet at least once every 2 months. The bill would require the task force to report its findings and recommendations to the Attorney General, the Governor, and the Legislature by July 1, 2025. The bill would repeal these provisions on January 1, 2026.
SB 44 (Umberg D) Controlled substances.
Current Text: Amended: 4/13/2023 html pdf
Introduced: 12/5/2022
Status: 4/28/2023-Failed Deadline pursuant to Rule 61(a)(2). (Last location was PUB. S. on 4/13/2023) (May be acted upon Jan 2024)
Location: Senate 2 year
Calendar:
Desk 2 year Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: Current law makes it a crime to possess for sale or purchase for purpose of sale, transport, import, sell, furnish, administer, give away, manufacture, compound, convert, produce, derive, process, or prepare various controlled substances, including, among others, fentanyl, peyote, and various other opiates and narcotics. This bill, Alexandra’s Law, would require the court to advise a person who is convicted of, or who pleads guilty or no contest to, the above crimes, as specified, of the danger of selling or administering illicit drugs and counterfeit pills and that, if a person dies as a result of that action, the defendant can be charged with homicide. The bill would require the court to read the advisory statement in a case in which the defendant exchanged a controlled substance containing fentanyl or its analogs for anything else of value, as specified. The bill would require the advisory statement to be included in a plea form, if used, and specified on the record.
SB 402 (Wahab D) Emergency services: limiting police response.
Current Text: Introduced: 2/9/2023 html pdf
Introduced: 2/9/2023
Status: 4/28/2023-Failed Deadline pursuant to Rule 61(a)(2). (Last location was HEALTH on 2/22/2023) (May be acted upon Jan 2024)
Location: Senate 2 year
Calendar:
Desk 2 year Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: Current law requires the future implementation of a statewide “988” telephone system for suicide prevention and mental health crises. This bill would require 911 or other service center calls for service relating to mental health or homelessness, as specified, to be dispatched to fire district or department personnel, EMS personnel, mental health personnel, or nonsworn unarmed police personnel and not to police officers, except as otherwise provided.
SB 719 (Becker D) Law enforcement agencies: radio communications.
Current Text: Amended: 3/29/2023 html pdf
Introduced: 2/16/2023
Status: 4/24/2023-April 24 hearing: Placed on APPR suspense file.
Location: Senate Appropriations Suspense File
Calendar:
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: Current law establishes the California Law Enforcement Telecommunications System (CLETS) to make specified criminal justice databases, including individual criminal histories, wanted and missing persons, and stolen firearms, vehicles, and property, available to participating law enforcement agencies.
Current law prohibits unauthorized access to CLETS and the unlawful use of CLETS information by authorized users. Current law authorizes the Attorney General to adopt policies, procedures, and practices related to the use of CLETS. These rules require a participating agency to restrict access to CLETS and define “access” as the ability to see or hear any information obtained from CLETS. This bill would require a law enforcement agency, including the Department of the California Highway Patrol, municipal police departments, county sheriff’s departments, specified local law enforcement agencies, and specified university and college police departments, to, by no later than January 1, 2024, ensure public access, in real time, to the radio communications of that agency, as specified.
SB 796 (Alvarado-Gil D) Threats: schools and places of worship.
Current Text: Amended: 4/27/2023 html pdf
Introduced: 2/17/2023
Status: 5/8/2023-May 8 hearing: Placed on APPR suspense file.
Location: Senate Appropriations Suspense File
Calendar:
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: Would make a person who willfully threatens to commit a crime which will result in death or great bodily injury to any person who may be on the grounds of a school or place of worship, with specific intent and under certain circumstances, and if the threat causes a person or persons reasonably to be in sustained fear for their own safety or the safety of another person, guilty of a misdemeanor or felony punishable by imprisonment in a county jail for a specified term, except that if the person is under 18 years of age, the bill would make the person guilty of a misdemeanor. By creating a new crime, this bill would impose a state-mandated local program.
Total Measures: 13
Total Tracking Forms: 13
Housing & Community Development
Legislative Summary 2023
AB 84 (Ward D) Property tax: welfare exemption: affordable housing.
Current Text: Amended: 5/3/2023 html pdf
Introduced: 12/16/2022
Status: 5/4/2023-Re-referred to Com. on APPR.
Location: Assembly Appropriations
Calendar:
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: Current property tax law, in accordance with the California Constitution, provides for a “welfare exemption” for property used exclusively for religious, hospital, scientific, or charitable purposes and that is owned or operated by certain types of nonprofit entities, if certain qualifying criteria are met. Under current property tax law, property that meets these requirements that is used exclusively for rental housing and related facilities is entitled to a partial exemption, equal to that percentage of the value of the property that is equal to the percentage that the number of units serving lower income households represents of the total number of residential units, in any year that any of certain criteria apply, including that the acquisition, rehabilitation, development, or operation of the property, or any combination of these factors, is financed with tax-exempt mortgage revenue bonds or general obligation bonds, or is financed by local, state, or federal loans or grants and the rents of the occupants who are lower income households do not exceed those prescribed by deed restrictions or regulatory agreements pursuant to the terms of the financing or financial assistance. This bill would expand this partial exemption to property acquired, rehabilitated, developed, or operated, or any combination of these factors, with financing from qualified 501(c)(3) bonds, as defined.
AB 550 (Schiavo D) Homelessness: point-in-time count results: meetings.
Current Text: Amended: 4/5/2023 html pdf
Introduced: 2/8/2023
Status: 5/3/2023-In committee: Set, first hearing. Referred to suspense file.
Location: Assembly Appropriations Suspense File
Calendar:
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: The Planning and Zoning Law requires each city, county, and city and county to prepare and adopt a general plan that contains certain mandatory elements, including a housing element. Current law requires the housing element to identify the existing and projected housing needs of all economic segments of the community. Current federal law requires a continuum of care, a group organized under the federal McKinney-Vento Homeless Assistance Act, to develop a plan that includes planning for and conducting, at least biennially, a point-in-time count of homeless persons within the geographic area. Current law requires that information from the point-in-time count be used to, among other things, allocate funding for the Homeless Emergency Aid program and Homeless Housing, Assistance, and Prevention program. This bill would require a city, county, and city and county, within 60 days after the local continuum of care releases the results of a point-in-time count for a city, county, or city and county’s jurisdiction, to, among other things, agendize the point-in-time count results at a meeting of the city, county, or city and county and present the steps the city, county, or city and county is taking to prevent and end homelessness, including, but not limited to, consideration of specified actions.
AB 799 (Rivas, Luz D) Homeless Housing, Assistance, and Prevention program: Homelessness Accountability and Results Act.
Current Text: Amended: 4/19/2023 html pdf
Introduced: 2/13/2023
Status: 5/10/2023-In committee: Set, first hearing. Referred to suspense file.
Location: Assembly Appropriations Suspense File
Calendar:
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: Current law establishes the Homeless Housing, Assistance, and Prevention program for the purpose of providing jurisdictions with one-time grant funds to support regional coordination and expand or develop local capacity to address their immediate homelessness challenges informed by a best-practices framework focused on moving homeless individuals and families into permanent housing and supporting the efforts of those individuals and families to maintain their permanent housing. Current law provides for the allocation of funding under the program among continuums of care, cities, and counties in 4 rounds, the first of which is administered by the Business, Consumer Services, and Housing Agency, and the others are administered by the Interagency Council on Homelessness. This bill, the Homelessness Accountability and Results Act, would instead specify that the purpose of the Homeless Housing, Assistance, and Prevention program is to provide ongoing grant funds to support regional coordination and expand or develop local capacity to address their immediate homelessness challenges informed by best-practices and to solve homelessness using evidence-based or, where no evidence exists, a data-informed and promising framework, as provided.
AB 901 (Ting D) Affordable housing financing districts.
Current Text: Amended: 5/1/2023 html pdf
Introduced: 2/14/2023
Status: 5/2/2023-Re-referred to Com. on APPR.
Location: Assembly Appropriations
Calendar:
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: Would authorize the legislative body of a city or county to propose the establishment of an affordable housing financing authority by adopting a resolution of intention to form a district that complies with specified requirements. The bill would limit the activities of a district established pursuant to these provisions to financing the development of affordable housing, as defined, within its territorial boundaries, infrastructure to support that housing, and specified related costs. The bill would require the legislative body of the city or county proposing the establishment of a district to serve as the governing board of the district.
The bill would require the city or county engineer, or other appropriate official designated by the governing board of the district, to prepare an affordable housing financing plan, as provided. The bill would authorize the affordable housing financing plan to include a provision for the division of taxes, except as provided. The bill would require a district to spend at least 80% of its funding derived from the division of taxes on affordable housing and would prohibit the district from spending more than 20% of those funds on affordable housingrelated infrastructure.
AB 968 (Grayson D) Single-family residential property: disclosures.
Current Text: Amended: 3/29/2023 html pdf
Introduced: 2/14/2023
Status: 5/3/2023-Referred to Com. on JUD.
Location: Senate Judiciary
Calendar:
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: Would require a seller of a single-family residential property who sells that single-family residential property to a buyer within 18 months of purchasing that single-family residential property to disclose to the buyer specified information, including any room additions, structural modifications, other alterations, or repairs made to the property since the seller purchased the property that were performed by a licensed contractor and the name of each licensed contractor with whom the seller entered into a contract with for the room additions, structural modifications, other alterations, or repairs, as specified. The bill would alternatively authorize a seller to satisfy these obligations by providing a list of room additions, structural modifications, other alterations, or repairs performed by, and provided by, the licensed contractor with whom the seller contracted for the room additions, structural modifications, other alterations, or repairs. The bill would require the seller to provide a copy of any permit for any room additions, structural modifications, other alterations, or repairs to the buyer or, if the seller contracted with a third party and was not provided with a copy of the permits, by informing the buyer that information on permits may be obtained from a third party and providing the third party’s contact information. The bill would specify that these provisions apply to the sale of a single-family residential property where the seller and buyer enter into a contract or agreement for the property on or after July 1, 2024.
AB 1132 (Friedman D) Solar energy systems: permit fees.
Current Text: Introduced: 2/15/2023 html pdf
Introduced: 2/15/2023
Status: 5/10/2023-Referred to Com. on GOV. & F.
Location: Senate Gov. & F.
Calendar:
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: Current law, for purposes of governing property rights, defines a “solar energy system” as specified to include any solar collector or other solar energy device whose primary purpose is to provide for the collection, storage, and distribution of solar energy for space heating, space cooling, electric generation, or water heating. Current law prescribes and limits permit fees that a city or county may charge for a residential and commercial solar energy system. Current law repeals these provisions on January 1, 2025.
This bill would extend that repeal date to January 1, 2034. By extending the operation of the requirements imposed on a city or county in connection with those solar energy systems, the bill would impose a statemandated local program.
AB 1490 (Lee D) Affordable housing development projects: adaptive reuse.
Current Text: Amended: 5/1/2023 html pdf
Introduced: 2/17/2023
Status: 5/2/2023-Re-referred to Com. on APPR.
Location: Assembly Appropriations
Calendar:
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: That Housing Accountability Act states that it shall not be construed to prohibit a local agency from requiring a housing development project to comply with objective, quantifiable, written development standards, conditions, and policies appropriate to, and consistent with, meeting the jurisdiction’s share of the regional housing need, except as provided. That act further provides that a housing development project or emergency shelter shall be deemed consistent, compliant, and in conformity with an applicable plan, program, policy, ordinance, standard, requirement, or other similar provision if there is substantial evidence that would allow a reasonable person to conclude that the housing development project or emergency shelter is consistent, compliant, or in conformity. Under this bill, an extremely affordable adaptive reuse project on an infill parcel that is not located on or adjoined to an industrial use site would be an allowable use. The bill would authorize a local agency to impose objective design review standards, except as specified.
The bill would provide that for purposes of the Housing Accountability Act, a proposed housing development project is consistent, compliant, and in conformity with an applicable plan, program, policy, ordinance, standard, requirement, or other similar provision if the housing development project is consistent with the standards specified in these provisions. The bill would require a local agency to determine whether the proposed development meets those standards within specified timeframes. The bill would define an extremely affordable adaptive reuse project for these purposes to mean a multifamily housing development project that involves retrofitting and repurposing of an existing building that includes residential units, as specified, and that meets specified affordability requirements, including that 100% of the units be dedicated to lower income households, 50% of which shall be dedicated to very low income households, as specified.
AB 1505 (Rodriguez D) Seismic retrofitting: soft story multifamily housing.
Current Text: Introduced: 2/17/2023 html pdf
Introduced: 2/17/2023
Status: 5/10/2023-In committee: Set, first hearing. Referred to suspense file.
Location: Assembly Appropriations Suspense File
Calendar:
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: Current law establishes the Seismic Retrofitting Program for Soft Story Multifamily Housing for the purposes of providing financial assistance to owners of soft story multifamily housing for seismic retrofitting to protect individuals living in multifamily housing that have been determined to be at risk of collapse in earthquakes, as specified. Current law also establishes the Seismic Retrofitting Program for Soft Story Multifamily Housing Fund, and its subsidiary account, the Seismic Retrofitting Account, within the State Treasury. Current law provides that the Legislature will appropriate $250,000,000 from the General Fund in the 2023–24 Budget Act to the Seismic Retrofitting Program for Soft Story Multifamily Housing Fund for the purposes of carrying out the program. Current law requires the California Residential Mitigation Program to develop and administer the program, as specified. Current law makes these provisions inoperative on July 1, 2042, and repeals them as of January 1, 2043. This bill would, instead, appropriate $250,000,000 from the General Fund to the CRMP for the purpose of implementing the Seismic Retrofitting Program for Soft Story Multifamily Housing.
AB 1657 (Wicks D) The Affordable Housing Bond Act of 2024.
Current Text: Amended: 4/17/2023 html pdf
Introduced: 2/17/2023
Status: 5/10/2023-In committee: Set, first hearing. Referred to suspense file.
Location: Assembly Appropriations Suspense File
Calendar:
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: Would enact the Affordable Housing Bond Act of 2024, which, if adopted, would authorize the issuance of bonds in the amount of $10,000,000,000 pursuant to the State General Obligation Bond Law.
Proceeds from the sale of these bonds would be used to finance programs to fund affordable rental housing and homeownership programs, including, among others, the Multifamily Housing Program, the CalHome Program, and the Joe Serna, Jr. Farmworker Housing Grant Program.
AB 1734 (Jones-Sawyer D) Local Government: Surplus Land Act: exemptions.
Current Text: Amended: 4/20/2023 html pdf
Introduced: 2/17/2023
Status: 5/10/2023-In committee: Set, first hearing. Referred to suspense file.
Location: Assembly Appropriations Suspense File
Calendar:
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: Current law requires land to be declared surplus land or exempt surplus land, as supported by written findings, before a local agency takes any action to dispose of it consistent with the agency’s policies or procedures. Current law sets forth procedures for the disposal of surplus land, including, but not limited to, specified notice requirements, and provides that these procedures do not apply to exempt surplus land.
This bill would specify that land disposed of by a local agency for certain purposes, including emergency shelters, supportive housing, transitional housing, or affordable housing, as described, is not subject to the above-described requirements, if the local agency meets certain prescribed requirements, including, among others, having received designation as prohousing.
SB 4 (Wiener D) Planning and zoning: housing development: higher education institutions and religious institutions.
Current Text: Amended: 3/28/2023 html pdf
Introduced: 12/5/2022
Status: 5/5/2023-Set for hearing May 15.
Location: Senate Appropriations
Calendar: 5/15/2023 10 a.m. - 1021 O Street, Room 2200 SENATE APPROPRIATIONS, PORTANTINO, ANTHONY, Chair
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: The Planning and Zoning Law requires each county and city to adopt a comprehensive, longterm general plan for its physical development, and the development of certain lands outside its boundaries, that includes, among other mandatory elements, a housing element. That law allows a development proponent to submit an application for a development that is subject to a specified streamlined, ministerial approval process not subject to a conditional use permit, if the development satisfies certain objective planning standards. The Zenovich-Moscone-Chacon Housing and Home Finance Act establishes the California Tax Credit Allocation Committee within the Department of Housing and Community Development. Current law requires the committee to allocate state low-income housing tax credits in conformity with state and federal law that establishes a maximum rent that may be charged to a tenant for a project unit constructed using low-income housing tax credits. This bill would require that a housing development project be a use by right upon the request of an applicant who submits an application for streamlined approval, on any land owned by an independent institution of higher education or religious institution on or before January 1, 2024, if the development satisfies specified criteria, including that the development is not adjoined to any site where more than one-third of the square footage on the site is dedicated to industrial use. The bill would define various terms for these purposes.
SB 7 (Blakespear D) The Homeless Housing Obligation Act.
Current Text: Amended: 5/1/2023 html pdf
Introduced: 12/5/2022
Status: 5/5/2023-Set for hearing May 15.
Location: Senate Appropriations
Calendar: 5/15/2023 10 a.m. - 1021 O Street, Room 2200 SENATE APPROPRIATIONS, PORTANTINO, ANTHONY, Chair
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: Would, by January 1, 2030, require each city and county to provide housing opportunities, as defined, for homeless individuals within its jurisdiction, based on their most recent point-in-time count. The bill would require each city and county to develop a housing obligation plan that describes how the city or
county plans to increase housing opportunities in its jurisdiction so that it can offer at least one housing opportunity to each homeless individual, as specified. In this regard, the bill would require a housing obligation plan to include, among other things, goals and plans to fulfill the city or county’s housing obligation, including specific projects and completion timelines, and the city or county’s progress in reducing the number of homeless individuals in its jurisdiction. The bill would require a housing obligation plan to identify steps taken by the city or county to consult with other jurisdictions to ensure that the plan is consistent with regional homelessness planning efforts. The bill would require a city or county to submit its housing obligation plan to the Department of Housing and Community Development for review and post the plan to its internet website by January 1, 2025. The bill would require a city or county to update its housing obligation plan on or before January 1 of each subsequent year.
SB 35 (Umberg D) Community Assistance, Recovery, and Empowerment (CARE) Court Program.
Current Text: Amended: 3/21/2023 html pdf
Introduced: 12/5/2022
Status: 5/4/2023-Read third time. Passed. (Ayes 37. Noes 0.) Ordered to the Assembly. In Assembly. Read first time. Held at Desk.
Location: Assembly Desk
Calendar:
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: The Community Assistance, Recovery, and Empowerment (CARE) Act, authorizes specified adult persons to petition a civil court to create a voluntary CARE agreement or a court-ordered CARE plan and implement services, to be provided by county behavioral health agencies, to provide behavioral health care, including stabilization medication, housing, and other enumerated services, to adults who are currently experiencing a severe mental illness and have a diagnosis identified in the disorder class schizophrenia and other psychotic disorders, and who meet other specified criteria. Current law authorizes CARE Act proceedings to commence in the county where the respondent resides, is found, or is facing criminal or civil proceedings. Current law requires the act to be implemented with technical assistance and continuous quality improvement, as specified, including expected start dates for specified counties. Current law also requires the State Department of Health Care Services to implement guidelines under which counties can apply for and be provided additional time to implement the above-described provisions. Current law authorizes the department to grant an extension once, and no later than December 1, 2025. This bill would instead authorize the department to grant an extension no later than December 15, 2025.
SB 37 (Caballero D) Older Adults and Adults with Disabilities Housing Stability Act.
Current Text: Amended: 3/13/2023 html pdf
Introduced: 12/5/2022
Status: 5/8/2023-May 8 hearing: Placed on APPR suspense file.
Location: Senate Appropriations Suspense File
Calendar:
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: Current law establishes various programs to address homelessness, including requiring the Governor to create an Interagency Council on Homelessness and establishing the Homeless Emergency Aid program for the purpose of providing localities with one-time grant funds to address their immediate homelessness challenges, as specified. Current law commits to the Department of Housing and Community Development the administration of various housing assistance programs, including provisions relating to residential hotel rehabilitation and tasks the department, in consultation with each council of governments, with the determination of each region’s existing and projected housing need. This bill would, upon an appropriation by the Legislature for this express purpose, require the Department of Housing and Community Development, commencing January 1, 2024, to begin developing the Older Adults and Adults with Disabilities Housing Stability Program.
SB 240 (Ochoa Bogh R) Surplus state real property: affordable housing and housing for formerly incarcerated individuals.
Current Text: Amended: 5/2/2023 html pdf
Introduced: 1/25/2023
Status: 5/8/2023-May 8 hearing: Placed on APPR suspense file.
Location: Senate Appropriations Suspense File
Calendar:
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: Current law requires the Department of General Services to first offer surplus state real property to a local agency, as defined, and then to nonprofit affordable housing sponsors, as defined, prior to being offered for sale to private entities or individuals. Current law requires a local agency or nonprofit affordable housing sponsor to satisfy certain requirements to be considered as a potential priority buyer of
the surplus state real property, including that the local agency or nonprofit affordable housing sponsor demonstrate, to the satisfaction of the department, that the surplus state real property, or portion of that surplus state real property, is to be used by the local agency or nonprofit affordable housing sponsor for open space, public parks, affordable housing projects, or development of local government-owned facilities. Current law authorizes the department to sell surplus state real property, or a portion of surplus state real property, to a local agency, or to a nonprofit affordable housing sponsor if no local agency is interested in the surplus state real property, for affordable housing projects at a sales price less than fair market value if the department determines that such a discount will enable the provision of housing for persons and families of low or moderate income. This bill would additionally authorize a local agency or nonprofit affordable housing sponsor to be considered as a potential priority buyer of surplus state real property upon demonstration that the property is to be used by the agency or sponsor for housing for formerly incarcerated individuals, subject to the same provisions described above, as specified.
SB 272 (Laird D) Sea level rise: planning and adaptation.
Current Text: Introduced: 1/31/2023 html pdf
Introduced: 1/31/2023
Status: 5/8/2023-May 8 hearing: Placed on APPR suspense file.
Location: Senate Appropriations Suspense File
Calendar:
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: Would require a local government, as defined, lying, in whole or in part, within the coastal zone, as defined, or within the jurisdiction of the San Francisco Bay Conservation and Development Commission, as defined, to implement sea level rise planning and adaptation through either submitting, and receiving approval for, a local coastal program, as defined, to the California Coastal Commission or submitting, and receiving approval for, a subregional San Francisco Bay shoreline resiliency plan to the San Francisco Bay Conservation and Development Commission, as applicable, on or before January 1, 2034. By imposing additional requirements on local governments, the bill would impose a state-mandated local program. The bill would require local governments that receive approval for sea level rise planning and adaptation on or before January 1, 2029, to be prioritized for sea level rise funding, upon appropriation by the Legislature, for the implementation of projects in the local government’s approved sea level rise adaptation plan. The bill would require, on or before December 31, 2024, the California Coastal Commission and the San Francisco Bay Conservation and Development Commission, in close coordination with the Ocean Protection Council and the California Sea Level Rise State and Regional Support Collaborative, to establish guidelines for the preparation of that planning and adaptation. The bill would make the operation of its provisions contingent upon an appropriation for its purposes by the Legislature in the annual Budget Act or another statute.
SB 423 (Wiener D) Land use: streamlined housing approvals: multifamily housing developments.
Current Text: Amended: 3/28/2023 html pdf
Introduced: 2/13/2023
Status: 5/5/2023-Set for hearing May 15.
Location: Senate Appropriations
Calendar: 5/15/2023 10 a.m. - 1021 O Street, Room 2200 SENATE APPROPRIATIONS, PORTANTINO, ANTHONY, Chair
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: The Planning and Zoning Law authorizes a development proponent to submit an application for a multifamily housing development that is subject to a streamlined, ministerial approval process, as provided, and not subject to a conditional use permit, if the development satisfies specified objective planning standards, including, among others, that the development proponent has committed to record, prior to the issuance of the first building permit, a land use restriction or covenant providing that any lower or moderateincome housing units required, as specified, remain available at affordable housing costs, as defined, or rent to persons and families of lower or moderate-income for no less than specified periods of time. Current law repeals these provisions on January 1, 2026. This bill would authorize the Department of General Services to act in the place of a locality or local government, at the discretion of that department, for purposes of the ministerial, streamlined review for development on property owned by or leased to the state.
SB 440 (Skinner D) Regional Housing Finance Authorities.
Current Text: Amended: 5/1/2023 html pdf
Introduced: 2/13/2023
Status: 5/5/2023-Set for hearing May 15.
Location: Senate Appropriations
Calendar: 5/15/2023 10 a.m. - 1021 O Street, Room 2200 SENATE APPROPRIATIONS, PORTANTINO, ANTHONY, Chair
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: The San Francisco Bay Area Regional Housing Finance Act establishes the Bay Area Housing Finance Authority to raise, administer, and allocate funding for affordable housing in the San Francisco Bay area, as defined, and provide technical assistance at a regional level for tenant protection, affordable housing preservation, and new affordable housing production. The Los Angeles County Regional Housing Finance Act similarly establishes the Los Angeles County Affordable Housing Solutions Agency to increase the supply of affordable housing in Los Angeles County, as specified. This bill, the Regional Housing Finance Act, would authorize 2 or more local governments, as defined, to establish a regional housing finance authority to raise, administer, and allocate funding for affordable housing in the jurisdiction of the authority, as defined, and provide technical assistance at a regional level for affordable housing development, including new construction and the preservation of existing housing to serve a range of incomes and housing types. The bill would require an authority to be governed by a board composed of at least 3 directors who are elected officials representing the local governments that are members of the authority.
SB 529 (Gonzalez D) Electric vehicle sharing services: affordable housing facilities.
Current Text: Amended: 4/18/2023 html pdf
Introduced: 2/14/2023
Status: 5/8/2023-May 8 hearing: Placed on APPR suspense file.
Location: Senate Appropriations Suspense File
Calendar:
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: Would require the Energy Commission to create a program to award grants to facilitate electric vehicle sharing services, as defined, operated at affordable housing facilities, as defined. The bill would specify the eligible entities that may be awarded grants pursuant to the program, and would require those eligible entities to submit an application to the Energy Commission, as specified. The bill would require the Energy Commission to consider specified criteria in awarding grants and would require a grant recipient to only use grant funds for specified purposes to facilitate an electric vehicle sharing service operated at an affordable housing facility. The bill would require that a grant recipient, at a minimum, purchases, or commits to purchase, 2 electric vehicles and 2 electric vehicle charging stations with Level 2 electric vehicle service equipment. The bill would provide that a grant recipient may be eligible to purchase up to 2 direct current fast chargers if the grant recipient meets specified requirements. The bill would require, as a condition of receiving a grant, a grant recipient to annually submit a report to the Energy Commission that includes specified information. The bill would require implementation of the program to be subject to an appropriation of funds by the Legislature for purposes of developing and implementing the program.
SB 532 (Wiener D) Ballot measures: local taxes.
Current Text: Amended: 4/25/2023 html pdf
Introduced: 2/14/2023
Status: 5/8/2023-May 8 hearing: Placed on APPR suspense file.
Location: Senate Appropriations Suspense File
Calendar:
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: Current law requires that the ballots used when voting upon a measure proposed by a local governing body or submitted to the voters as an initiative or referendum measure, including a measure authorizing the issuance of bonds or the incurrence of debt, have printed on them a true and impartial statement describing the purpose of the measure. If the proposed measure imposes a tax or raises the rate of a tax, current law requires the ballot to include in the statement of the measure the amount of money to be raised annually and the rate and duration of the tax to be levied. This bill would exempt from this requirement a measure that imposes or increases a tax with more than one rate or authorizes the issuance of bonds. If the proposed measure imposes or increases a tax with more than one rate, or authorizes the issuance of bonds, this bill would require that the ballot include in the statement of the measure to be voted on an estimate of the amount of money to be raised annually and the rate and the duration of the tax to be levied.
SB 721 (Becker D) California Interagency AI Working Group.
Current Text: Amended: 3/22/2023 html pdf
Introduced: 2/16/2023
Status: 5/1/2023-May 1 hearing: Placed on APPR suspense file.
Location: Senate Appropriations Suspense File
Calendar:
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: Would, until January 1, 2030, create the California Interagency AI Working Group to deliver a report to the Legislature, as prescribed, regarding artificial intelligence. The bill would require the working group members to be Californians with expertise in at least 2 of certain areas, including computer science,
artificial intelligence, and data privacy. The bill would require the report to the Legislature to include, among other things, a recommendation of a definition of artificial intelligence as it pertains to its use in technology for use in legislation.
Total Measures: 21
Total Tracking Forms: 21
Weekly Legislative Summary
Thursday, May 11, 2023
AB 2 (Ward D) Recycling: solar photovoltaic modules.
Current Text: Amended: 4/26/2023 html pdf
Introduced: 12/5/2022
Status: 5/10/2023-In committee: Set, first hearing. Referred to suspense file.
Location: Assembly Appropriations Suspense File
Calendar:
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: Would require a manufacturer of solar photovoltaic panels sold or offered for sale in this state, or its agent, to develop an end-of-life management plan for the management and recycling of the solar photovoltaic panels it manufactured and the component materials. The bill would specify the required contents of an end-of-life management plan and would require the department to provide guidelines for developing an end-of-life management plan. The bill would require an end-of-life management plan be submitted to the department for approval or disapproval and would require a manufacturer or its agent to implement the plan as approved. The bill would require a manufacturer or its agent to report to the department annually regarding the implementation of its end-of-life management plan, as specified. The bill would require the department to adopt regulations for the implementation of these provisions. The bill would subject a manufacturer that violates the requirements of this bill to an administrative civil penalty of $500 for the first violation and $1,000 for a subsequent violation.
AB 6 (Friedman D) Transportation planning: regional transportation plans: Solutions for Congested Corridors Program: reduction of greenhouse gas emissions.
Current Text: Amended: 3/16/2023 html pdf
Introduced: 12/5/2022
Status: 5/10/2023-From committee: Do pass. (Ayes 12. Noes 3.) (May 10).
Location: Assembly Appropriations
Calendar: 5/11/2023 #1 ASSEMBLY SECOND READING FILE -- ASSEMBLY BILLS Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: Current law requires that each regional transportation plan also include a sustainable communities strategy prepared by each metropolitan planning organization in order to, among other things, achieve certain targets established by the State Air Resources Board for the reduction of greenhouse gas emissions from automobiles and light trucks in the region for 2020 and 2035, respectively. This bill would require the state board, after January 1, 2024, and not later than September 30, 2026, to establish additional targets for 2035 and 2045, respectively, as specified.
AB 7 (Friedman D) Transportation: project selection processes.
Current Text: Amended: 3/16/2023 html pdf
Introduced: 12/5/2022
Status: 5/10/2023-In committee: Set, first hearing. Referred to suspense file.
Location: Assembly Appropriations Suspense File
Calendar:
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: Would require, on and after January 1, 2025, the project selection process for each transportation project that would be funded, at least partially, from specified funding sources, including the State Highway Account, the Road Maintenance and Rehabilitation Account, and the Trade Corridor Enhancement Account, to incorporate specified principles. The bill would require the Transportation Agency, on or before January 1, 2026, and annually thereafter, to submit a report to the Legislature on how those
transportation projects that were completed during the prior year incorporated those principles. This bill contains other existing laws.
AB 31 (Carrillo, Juan D) Public transit: funding.
Current Text: Introduced: 12/5/2022 html pdf
Introduced: 12/5/2022
Status: 5/5/2023-Failed Deadline pursuant to Rule 61(a)(3). (Last location was PRINT on 12/5/2022)(May be acted upon Jan 2024)
Location: Assembly 2 year
Calendar:
2 year Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: Current law provides various sources of funding for capital and operating expenses of public transit systems and intercity rail in the state. This bill would state the intent of the Legislature to enact subsequent legislation that would appropriate funds for the development and operation of a privately run public transit system connecting the Victor Valley and the Antelope Valley in southern California.
AB 233 (Wilson D) Local government: streets and sidewalks: disposal of horse excrement.
Current Text: Amended: 3/7/2023 html pdf
Introduced: 1/12/2023
Status: 5/4/2023-Read second time. Ordered to third reading.
Location: Assembly Third Reading
Calendar: 5/11/2023 #128 ASSEMBLY THIRD READING FILE - ASSEMBLY BILLS Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: Would authorize a local agency to require the rider of, or person otherwise responsible for, a horse to collect and dispose of any horse excrement deposited by that horse on a street or sidewalk.
AB 309 (Lee D) The Social Housing Act.
Current Text: Amended: 5/1/2023 html pdf
Introduced: 1/26/2023
Status: 5/10/2023-In committee: Set, first hearing. Referred to suspense file.
Location: Assembly Appropriations Suspense File
Calendar:
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: Would enact the Social Housing Act and would create the California Housing Authority, as an independent state body, the mission of which would be to ensure that social housing developments that are produced and acquired align with the goals of eliminating the gap between housing production and regional housing needs assessment targets and preserving affordable housing. The bill would prescribe a definition of social housing that would describe, in addition to housing owned by the authority, housing owned by other entities, as specified, provided that all social housing developed or authorized by the authority would be owned by the authority.
AB 316 (Aguiar-Curry D) Vehicles: autonomous vehicles.
Current Text: Amended: 4/24/2023 html pdf
Introduced: 1/26/2023
Status: 5/10/2023-In committee: Set, first hearing. Referred to suspense file.
Location: Assembly Appropriations Suspense File
Calendar:
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: Would require a manufacturer of an autonomous vehicle to report to the Department of Motor Vehicles a collision on a public road that involved one of its autonomous vehicles with a gross vehicle weight of 10,001 pounds or more that is operating under a testing permit that resulted in damage of property, bodily injury, or death within 10 days of the collision.
AB 334 (Rubio, Blanca D) Public contracts: conflicts of interest.
Current Text: Introduced: 1/30/2023 html pdf
Introduced: 1/30/2023
Status: 5/4/2023-Read second time. Ordered to Consent Calendar.
Location: Assembly Consent Calendar
Calendar: 5/11/2023 #155 ASSEMBLY CONSENT CALENDAR 2ND DAY-ASSEMBLY BILLS
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: Current law prohibits members of the Legislature and state, county, district, judicial district, and city officers or employees from being financially interested in any contract made by them in their official capacity, or by any body or board of which they are members. Current law authorizes the Fair Political Practices Commission to commence an administrative or civil action against persons who violate this prohibition, as prescribed, and includes provisions for the collection of penalties after the time for judicial review of a commission order or decision has lapsed, or if all means of judicial review of the order or decision have been exhausted. Current law identifies certain remote interests in contracts that are not subject to this prohibition and other situations in which an official is not deemed to be financially interested in a contract.
This bill would establish that an independent contractor, who meets specified requirements, is not an officer for purposes of being subject to the prohibition on being financially interested in a contract.
AB 350 (Aguiar-Curry D) Regional transportation plans: Sacramento Area Council of Governments.
Current Text: Amended: 3/30/2023 html pdf
Introduced: 1/31/2023
Status: 5/10/2023-From committee: Do pass. To Consent Calendar. (Ayes 14. Noes 0.) (May 10).
Location: Assembly Consent Calendar
Calendar: 5/11/2023 #41 ASSEMBLY SECOND READING FILE -- ASSEMBLY BILLS Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: Current law requires each regional transportation plan to include, among other things, a sustainable communities strategy prepared by each metropolitan planning organization, as specified, which is designed to achieve certain targets for 2020 and 2035 established by the State Air Resources Board for the reduction of greenhouse gas emissions from automobiles and light trucks in the region. After adopting a sustainable communities strategy, current law requires a metropolitan planning organization to submit the strategy to the state board for review to determine whether the strategy, if implemented, would achieve the greenhouse gas emission reduction targets. Current law requires each transportation planning agency to adopt and submit to the California Transportation Commission and the Department of Transportation an updated regional transportation plan every 4 or 5 years, as specified. This bill would require the updated regional transportation plan, sustainable communities strategy, and environmental impact report adopted by the Sacramento Area Council of Governments (SACOG) on November 18, 2019, to remain in effect for all purposes until the SACOG adopts its next update to its regional transportation plan, which the bill would require it to adopt and submit on or before December 31, 2025.
AB 354 (Nguyen, Stephanie D) Sacramento Regional Transit District: board of directors: membership.
Current Text: Amended: 3/30/2023 html pdf
Introduced: 1/31/2023
Status: 5/4/2023-Read second time. Ordered to Consent Calendar.
Location: Assembly Consent Calendar
Calendar: 5/11/2023 #177 ASSEMBLY CONSENT CALENDAR 2ND DAY-ASSEMBLY BILLS Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: Current law authorizes the formation of the Sacramento Regional Transit District with various powers and duties with respect to transportation planning, programming, construction, and operations.
Current law vests the government of the district in a board of directors and prescribes procedures for increasing the number of members of the board of directors, including authorizing each member entity to make one appointment to the board, as specified. This bill would authorize the City of Elk Grove to instead appoint 2 members to the board, as specified.
AB 400 (Rubio, Blanca D) Local agency design-build projects: authorization.
Current Text: Amended: 5/1/2023 html pdf
Introduced: 2/2/2023
Status: 5/10/2023-From committee: Do pass. To Consent Calendar. (Ayes 14. Noes 0.) (May 10).
Location: Assembly Consent Calendar
Calendar: 5/11/2023 #46 ASSEMBLY SECOND READING FILE -- ASSEMBLY BILLS Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: Current law authorizes local agencies, as defined, to use the design-build procurement process for specified types of projects, as prescribed. Current law, among other requirements for the design-build procurement process, requires specified information submitted by a design-build entity to be certified under penalty of perjury. These provisions authorizing the use of the design-build procurement process are repealed on January 1, 2025. This bill would extend the repeal date to January 1, 2031. By extending the design-build authorization, the bill would expand the crime of perjury, thereby imposing a state-mandated local program.
AB 474 (Rodriguez D) State Threat Assessment Center: transnational criminal organizations.
Current Text: Introduced: 2/7/2023 html pdf
Introduced: 2/7/2023
Status: 5/10/2023-In committee: Set, first hearing. Referred to suspense file.
Location: Assembly Appropriations Suspense File
Calendar:
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: Would find and declare that the State Threat Assessment Center (STAC) serves as California’s information-sharing clearinghouse of strategic threat analysis and situational awareness reporting for statewide leadership and the public safety community, as specified, and that the STAC is California’s state primary fusion center, as designated by the Governor, and is operated by the Department of the California Highway Patrol, the Office of Emergency Services, and the Department of Justice. The bill would make other findings and declarations related to drug trafficking and transnational criminal organizations.
AB 735 (Berman D) Workforce development: utility careers.
Current Text: Introduced: 2/13/2023 html pdf
Introduced: 2/13/2023
Status: 5/10/2023-In committee: Set, first hearing. Referred to suspense file.
Location: Assembly Appropriations Suspense File
Calendar:
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: Would establish the High Road Utility Careers (HRUC) program, to be administered by the California Workforce Development Board, to connect existing resources with individuals interested in careers in the utility sector and ensure a continued reliable workforce for California utilities. The bill would require the board to administer the HRUC program through partnerships with statewide water, wastewater, and energy utility associations and to coordinate the program with existing and future programs and initiatives administered by the board, including high road training partnerships, in order to align interested individuals with available resources. The bill would require the HRUC program, upon appropriation by the Legislature, to dedicate funding and resources toward accomplishing specified goals, including connecting workers to highquality jobs or entry-level work with defined routes to advancement and increasing skills and opportunities while expanding pipelines for low-income populations.
AB 777 (Cervantes D) Hazardous waste: Stringfellow Quarry Class I Hazardous Waste Disposal Site.
Current Text: Amended: 3/14/2023 html pdf
Introduced: 2/13/2023
Status: 5/10/2023-Referred to Com. on E.Q.
Location: Senate Environmental Quality
Calendar:
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: The Carpenter-Presley-Tanner Hazardous Substance Account Act establishes a program authorizing certain responses to releases of hazardous substances, including spills and hazardous waste disposal sites that pose a threat to the public health or the environment, and imposes liability for hazardous substance removal or remedial actions. The act requires any treatment, storage, transfer, or disposal facility built on the Stringfellow Quarry Class I Hazardous Waste Disposal Site to only be used to treat, store, transfer, or dispose of hazardous substances removed from that site. This bill would prohibit any waste generated from a site other than the Stringfellow Quarry from being treated, stored, transferred to, or disposed at the Stringfellow Quarry Class I Hazardous Waste Disposal Site. The bill would require the Department of Toxic Substances Control to provide notice, as specified, if any material or substance generated from a site other than the Stringfellow Quarry is treated, stored, transferred to, or disposed of at the Stringfellow Class I Hazardous Waste Site. This bill would make legislative findings and declarations as to the necessity of a special statute for the Stringfellow Quarry.
AB 817 (Pacheco D) Open meetings: teleconferencing: subsidiary body.
Current Text: Amended: 3/16/2023 html pdf
Introduced: 2/13/2023
Status: 5/5/2023-Failed Deadline pursuant to Rule 61(a)(3). (Last location was L. GOV. on 3/16/2023)(May be acted upon Jan 2024)
Location: Assembly 2 year
Calendar:
Desk 2 year Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: Current law, until January 1, 2026, authorizes the legislative body of a local agency to use
alternative teleconferencing in certain circumstances related to the particular member if at least a quorum of its members participate from a singular physical location that is open to the public and situated within the agency’s jurisdiction and other requirements are met, including restrictions on remote participation by a member of the legislative body. This bill would authorize a subsidiary body, as defined, to use alternative teleconferencing provisions similar to the emergency provisions indefinitely and without regard to a state of emergency. In order to use teleconferencing pursuant to the Ralph M. Brown Act, the bill would require the legislative body that established the subsidiary body by charter, ordinance, resolution, or other formal action to make specified findings by majority vote, before the subsidiary body uses teleconferencing for the first time and every 12 months thereafter.
AB 1017 (Friedman D) Engineering and traffic surveys: equestrian safety.
Current Text: Introduced: 2/15/2023 html pdf
Introduced: 2/15/2023
Status: 5/10/2023-Referred to Com. on TRANS.
Location: Senate Transportation
Calendar:
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: Would authorize a local authority to consider equestrian safety when conducting an engineering and traffic survey.
AB 1035 (Muratsuchi D) Mobilehome parks: rent caps.
Current Text: Amended: 4/10/2023 html pdf
Introduced: 2/15/2023
Status: 5/5/2023-Failed Deadline pursuant to Rule 61(a)(3). (Last location was H. & C.D. on 3/2/2023)(May be acted upon Jan 2024)
Location: Assembly 2 year
Calendar:
Desk 2 year Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: Would enact the Mobilehome Affordability Act. The bill would prohibit the management of a mobilehome park from increasing the gross rental rate for a tenancy for a mobilehome space more than 3% plus the percentage change in the cost of living, as defined, over the course of any 12-month period, as specified. The bill would prohibit management from increasing the gross rental rate for a tenancy in more than 2 increments over a 12-month period, after the tenant maintains the tenancy over a 12-month period.
The bill would prohibit management from imposing an increase in rent on a prospective purchaser or homeowner that purchases a mobilehome if the purchase qualifies as an in-place transfer, as specified. The bill would exempt specified mobilehome spaces from these provisions AB 1175 (Quirk-Silva D) Outdoor advertising displays: redevelopment agency project areas.
Current Text: Amended: 5/1/2023 html pdf
Introduced: 2/16/2023
Status: 5/10/2023-In committee: Hearing postponed by committee.
Location: Assembly Appropriations
Calendar:
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: The Outdoor Advertising Act does not apply to an on-premises advertising display, which generally advertises business conducted or services rendered or goods produced or sold at the location where the display is located. Until January 1, 2023, the act treats an off-premises advertising display developed as part of and within the boundary limits of a redevelopment agency project, as those boundaries existed on December 29, 2011, as an on-premises advertising display if it meets certain criteria for good cause, which includes, among others, that there has been no violation of certain provisions by the owner or operator of the advertising display, as specified. This bill would alter that good cause criteria to instead require that the Department of Transportation has not made a final determination of a violation of the same provisions, whether by a final administrative decision or by operation of law, by the owner or operator of the advertising display.
AB 1403 (Garcia D) Public safety: fireworks: enforcement: funding.
Current Text: Amended: 4/6/2023 html pdf
Introduced: 2/17/2023
Status: 5/10/2023-In committee: Set, first hearing. Referred to suspense file.
Location: Assembly Appropriations Suspense File
Calendar:
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: Current law requires the State Fire Marshal, on or before July 1, 2008, to identify and evaluate methods to capture more detailed data relating to fires, damages, and injuries caused by both dangerous fireworks and safe and sane fireworks. This bill would move up the date by which the State Fire Marshal is required to identify and evaluate methods to capture the data described above to July 1, 2024. The bill would require, on or before January 1, 2025, the State Fire Marshal to collect and analyze data relating to fires, damages, seizures, arrests, administrative citations, and fireworks disposal issues caused by the sale and use of both dangerous illegal fireworks and safe and sane fireworks, as provided. The bill would require, on or before January 1, 2025, the State Fire Marshal to provide to the appropriate policy and budget committees of the respective houses of the Legislature a workload analysis of resources needed to further assist in the training of local fire and law enforcement personnel regarding specified topics.
AB 1448 (Wallis R) Cannabis: enforcement by local jurisdictions.
Current Text: Amended: 5/3/2023 html pdf
Introduced: 2/17/2023
Status: 5/10/2023-In committee: Hearing postponed by committee.
Location: Assembly Appropriations
Calendar:
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: The Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA), among other things, consolidates the licensure and regulation of commercial medicinal and adult-use cannabis activities.
MAUCRSA establishes the Department of Cannabis Control within the Business, Consumer Services, and Housing Agency to administer the act, and requires the department to be under the supervision and control of a director. Under MAUCRSA, a person engaging in commercial cannabis activity without a license is subject to civil penalties, as specified. MAUCRSA requires, in an action for civil penalties brought by the Attorney General, a county counsel, a city attorney, or a city prosecutor, the penalty first be used to reimburse the prosecuting agency for specified costs of bringing the action, with the remainder, if any, to be deposited in the General Fund. This bill would recast those provisions to require, in an action brought by a county counsel, city attorney, or city prosecutor, the penalty first be used to reimburse the prosecuting agency for specified costs in bringing the action, with 50% of the remainder, if any, paid to the county or city, as applicable, and the other 50% to be deposited into the General Fund.
AB 1469 (Kalra D) Santa Clara Valley Water District.
Current Text: Amended: 4/18/2023 html pdf
Introduced: 2/17/2023
Status: 5/9/2023-In Senate. Read first time. To Com. on RLS. for assignment.
Location: Senate Rules
Calendar:
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: The Santa Clara Valley Water District Act creates the Santa Clara Valley Water District, and authorizes the district to provide for the conservation and management of flood, storm, and recycled waters, and other waters, for beneficial uses and to enhance natural resources in connection with carrying out the purposes of the district. This bill would additionally authorize the district to take certain actions in order to assist unsheltered people living along streams, in riparian corridors, or otherwise within the district’s jurisdiction, in consultation with a city or the County of Santa Clara to provide solutions or improve outcomes for the unsheltered individuals.
AB 1505 (Rodriguez D) Seismic retrofitting: soft story multifamily housing.
Current Text: Introduced: 2/17/2023 html pdf
Introduced: 2/17/2023
Status: 5/10/2023-In committee: Set, first hearing. Referred to suspense file.
Location: Assembly Appropriations Suspense File
Calendar:
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: Current law establishes the Seismic Retrofitting Program for Soft Story Multifamily Housing for the purposes of providing financial assistance to owners of soft story multifamily housing for seismic retrofitting to protect individuals living in multifamily housing that have been determined to be at risk of collapse in earthquakes, as specified. Current law also establishes the Seismic Retrofitting Program for Soft Story Multifamily Housing Fund, and its subsidiary account, the Seismic Retrofitting Account, within the State Treasury. Current law provides that the Legislature will appropriate $250,000,000 from the General Fund in the 2023–24 Budget Act to the Seismic Retrofitting Program for Soft Story Multifamily Housing Fund for the purposes of carrying out the program. Current law requires the California Residential Mitigation
Program to develop and administer the program, as specified. Current law makes these provisions inoperative on July 1, 2042, and repeals them as of January 1, 2043. This bill would, instead, appropriate $250,000,000 from the General Fund to the CRMP for the purpose of implementing the Seismic Retrofitting Program for Soft Story Multifamily Housing.
AB 1525 (Bonta D) Transportation projects: priority populations.
Current Text: Amended: 4/19/2023 html pdf
Introduced: 2/17/2023
Status: 5/10/2023-In committee: Hearing postponed by committee.
Location: Assembly Appropriations
Calendar:
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: Would require the agency, the Department of Transportation, and the California Transportation Commission, on or before July 1, 2025, to jointly develop and adopt criteria and an evaluation process for purposes of jointly evaluating each agency, Department of Transportation, or California Transportation Commission project, as defined, to, among other things, determine if the project would be located in a priority population, address an important need of a priority population, and provide a direct, meaningful, and assured benefit to a priority population, as specified. The bill would require the agency, the Department of Transportation, and the California Transportation Commission, on and after July 1, 2025, to jointly evaluate all new proposed projects by the criteria, and, on or before July 1, 2026, and annually thereafter, to jointly submit a report to the Legislature that evaluates how projects funded during the prior year impacted priority populations, as specified.
AB 1567 (Garcia D) Safe Drinking Water, Wildfire Prevention, Drought Preparation, Flood Protection, Extreme Heat Mitigation, and Workforce Development Bond Act of 2024.
Current Text: Amended: 4/26/2023 html pdf
Introduced: 2/17/2023
Status: 5/10/2023-In committee: Set, first hearing. Referred to suspense file.
Location: Assembly Appropriations Suspense File
Calendar:
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: Would enact the Safe Drinking Water, Wildfire Prevention, Drought Preparation, Flood Protection, Extreme Heat Mitigation, and Workforce Development Bond Act of 2024, which, if approved by the voters, would authorize the issuance of bonds in the amount of $15,105,000,000 pursuant to the State General Obligation Bond Law to finance projects for safe drinking water, wildfire prevention, drought preparation, flood protection, extreme heat mitigation, and workforce development programs.
AB 1572 (Friedman D) Potable water: nonfunctional turf.
Current Text: Amended: 4/20/2023 html pdf
Introduced: 2/17/2023
Status: 5/10/2023-In committee: Set, first hearing. Referred to suspense file.
Location: Assembly Appropriations Suspense File
Calendar:
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: Would make legislative findings and declarations concerning water use, including that the use of potable water to irrigate nonfunctional turf is wasteful and incompatible with state policy relating to climate change, water conservation, and reduced reliance on the Sacramento-San Joaquin Delta ecosystem. The bill would direct all appropriate state agencies to encourage and support the elimination of irrigation of nonfunctional turf with potable water.
AB 1669 (Quirk-Silva D) California Historically Significant Commercial District Act.
Current Text: Introduced: 2/17/2023 html pdf
Introduced: 2/17/2023
Status: 5/10/2023-In committee: Set, first hearing. Referred to suspense file.
Location: Assembly Appropriations Suspense File
Calendar:
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: Would, upon appropriation by the Legislature, establish the California Historically Significant District Program for the purpose of revitalizing and maintaining historically and culturally significant commercial corridors throughout the state by funding technical assistance, training, and other activities that increase the capacity of revitalization entities to provide business assistance programs and services that
meet the unique needs of small businesses that operate within historic commercial districts. The bill would provide that the program be administered by the California Business Investment Service Unit within GO-Biz, in consultation with the Community and Placed-Based Solutions Unit. The bill would require the program to award grants to eligible grantees, as defined, who submit an application meeting certain requirements, including, among other things, documentation that the applicant has the experience and capacity to provide technical assistance, training, and other services that increase the capacity of revitalization entities to use place-based tools to improve the entrepreneurial ecosystem to meet the needs of small businesses that operate within historic districts. The bill would require training and education topics and uses of the grant by the grantee to include, but not be limited to, among other things, onsite assessment and training of revitalization entities to develop capacity for implementation of commercial district revitalization plans. The bill would require that grant funds be used by the grantee consistent with certain requirements, including that at least 40% of the total amount of the grant be used by the grantee to provide capacity-building programs and services to eligible historic commercial corridor revitalization entities throughout the state, as specified.
AB 1673 (Pacheco D) Outdoor Advertising Act: definitions.
Current Text: Amended: 4/18/2023 html pdf
Introduced: 2/17/2023
Status: 5/10/2023-In committee: Hearing postponed by committee.
Location: Assembly Appropriations
Calendar:
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: The Outdoor Advertising Act prohibits a lawfully erected advertising display within the state from being compelled to be removed or its customary maintenance or use to be limited by any governmental entity without payment of compensation, as defined in the Eminent Domain Law, to the owner or owners of the display and the owner or owners of the land upon which the display is located. This prohibition does not apply to an advertising display relocated by mutual agreement between the display owner and a local entity.
The act defines “relocation” for these purposes to include removal of an advertising display and construction of a new display to substitute for the display removed. Current law states that it is a policy of this state to encourage local entities and display owners to enter into relocation agreements that allow local entities to continue development in a planned manner without expenditure of public funds while allowing continued maintenance of private investment and a medium of public communication. The act does not prohibit the Department of Transportation from entering into a relocation agreement or allowing any lawfully erected display to be relocated, provided the relocation would not cause a reduction in federal aid highway funds or an increase in the number of displays within the state that does not conform to the act. The act authorizes an advertising display to be converted to a message center pursuant to a relocation agreement. This bill would define “relocation,” “relocated display,” and all related variants of the terms as used in the above-described provisions and other provisions of the act, as provided.
AB 1686 (Grayson D) Ports and harbors: Martinez Marina.
Current Text: Amended: 3/16/2023 html pdf
Introduced: 2/17/2023
Status: 5/4/2023-Read third time. Passed. Ordered to the Senate. (Ayes 75. Noes 0.) In Senate. Read first time. To Com. on RLS. for assignment.
Location: Senate Rules
Calendar:
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: Current law requires, commencing June 30, 2015, and at the end of every fiscal year thereafter, and subject to an exception described below, that the City of Martinez, as trustee, transmit 20 percent of all gross revenue generated from specified trust lands to the State Lands Commission for allocation by the Treasurer to the General Fund and Land Bank Fund. Current law, in recognition of deteriorated conditions at the Martinez Marina, commencing June 30, 2015, and until June 30, 2021, authorized the commission to relieve the trustee of its obligation to transmit those gross revenues so the trustee can take action to address those conditions, including the dredging of sediment to restore adequate depth for launching, berthing, and safe navigation at the marina. This bill would authorize the commission to relieve the trustee of its obligation to transmit those gross revenues so the trustee can take action to address those conditions at the marina, including the dredging of sediment to restore adequate depth for launching, berthing, and safe navigation at the marina, commencing January 1, 2024, and until June 30, 2033.
ACR 54 (Pacheco D) Cities Week.
Current Text: Introduced: 4/10/2023 html pdf
Introduced: 4/10/2023
Status: 5/9/2023-Ordered to special consent calendar.
Location: Senate Consent Calendar
Calendar: 5/11/2023 #153 SENATE SPECIAL CONSENT CALENDAR NO. 10 Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: Would proclaim the week of April 9, 2023, to April 14, 2023, to be Cities Week, and would encourage all Californians to be involved in their communities and be civically engaged with their local government.
SB 7 (Blakespear D) The Homeless Housing Obligation Act.
Current Text: Amended: 5/1/2023 html pdf
Introduced: 12/5/2022
Status: 5/5/2023-Set for hearing May 15.
Location: Senate Appropriations
Calendar: 5/15/2023 10 a.m. - 1021 O Street, Room 2200 SENATE APPROPRIATIONS, PORTANTINO, ANTHONY, Chair
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: Would, by January 1, 2030, require each city and county to provide housing opportunities, as defined, for homeless individuals within its jurisdiction, based on their most recent point-in-time count. The bill would require each city and county to develop a housing obligation plan that describes how the city or county plans to increase housing opportunities in its jurisdiction so that it can offer at least one housing opportunity to each homeless individual, as specified. In this regard, the bill would require a housing obligation plan to include, among other things, goals and plans to fulfill the city or county’s housing obligation, including specific projects and completion timelines, and the city or county’s progress in reducing the number of homeless individuals in its jurisdiction. The bill would require a housing obligation plan to identify steps taken by the city or county to consult with other jurisdictions to ensure that the plan is consistent with regional homelessness planning efforts. The bill would require a city or county to submit its housing obligation plan to the Department of Housing and Community Development for review and post the plan to its internet website by January 1, 2025. The bill would require a city or county to update its housing obligation plan on or before January 1 of each subsequent year.
SB 30 (Umberg D) Transportation: zero-emission vehicle signage.
Current Text: Amended: 2/27/2023 html pdf
Introduced: 12/5/2022
Status: 5/10/2023-Read second time. Ordered to third reading.
Location: Senate Third Reading
Calendar: 5/11/2023 #103 SENATE SENATE BILLS -THIRD READING FILE Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: Current law requires the Department of Transportation to adopt rules and regulations that allow the placement, near exits on freeways in rural areas, of information signs identifying specific roadside businesses, including a business offering electric vehicle charging facilities. This bill would require the department, in coordination with the Governor’s Office of Business and Economic Development (GO-Biz) and the State Energy Resources Conservation and Development Commission, to develop and design light-duty zero-emission vehicle charging and fueling station signage to be placed along state highways based on charger or fueling type and vehicle compatibility, to increase consumer confidence in locating electric vehicle chargers and hydrogen fueling stations. The bill would authorize the department to adopt and regulations for these purposes.
SB 43 (Eggman D) Behavioral health.
Current Text: Amended: 4/27/2023 html pdf
Introduced: 12/5/2022
Status: 5/8/2023-May 8 hearing: Placed on APPR suspense file.
Location: Senate Appropriations Suspense File
Calendar:
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: The Lanterman-Petris-Short Act provides for the involuntary commitment and treatment of a person who is a danger to themselves or others or who is gravely disabled. Current law, for purposes of involuntary commitment, defines “gravely disabled” as either a condition in which a person, as a result of a mental health disorder, is unable to provide for their basic personal needs for food, clothing, or shelter or has been found mentally incompetent, as specified. This bill expands the definition of “gravely disabled” to also include a condition in which a person, due to a mental health disorder or a substance use disorder, or both, is at substantial risk of serious harm, or is currently experiencing serious harm to their physical or mental health. The bill defines “serious harm” for purposes of these provisions to mean significant deterioration, debilitation, or illness due to a person’s failure to meet certain conditions, including, among other things, attend to needed personal or medical care and attend to self-protection or personal safety.
SB 366 (Caballero D) The California Water Plan: long-term supply targets.
Current Text: Amended: 4/27/2023 html pdf
Introduced: 2/8/2023
Status: 5/8/2023-May 8 hearing: Placed on APPR suspense file.
Location: Senate Appropriations Suspense File
Calendar:
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: Would revise and recast certain provisions regarding The California Water Plan to, among other things, require the Department of Water Resources to instead establish a stakeholder advisory committee and to expand the membership of the committee to include tribes, labor, and environmental justice interests. The bill would require the department, in coordination with the California Water Commission, the State Water Resources Control Board, other state and federal agencies as appropriate, and the stakeholder advisory committee to develop a comprehensive plan for addressing the state’s water needs and meeting specified long-term water supply targets established by the bill for purposes of “The California Water Plan.” The bill would require the plan to provide recommendations and strategies to ensure enough water supply for all beneficial uses. The bill would require the plan to include specified components, including a discussion of various strategies that may be pursued in order to meet the water supply targets and an economic analysis.
The bill would require the Director of Water Resources to provide an oral and written report annually to the relevant committees in the Legislature regarding the progress made toward meeting the water supply targets established by the department, as specified. The bill would also require the department to conduct public workshops to give interested parties an opportunity to comment on the plan and to post the preliminary draft of the plan on the department’s internet website.
SB 389 (Allen D) State Water Resources Control Board: determination of water right.
Current Text: Amended: 4/27/2023 html pdf
Introduced: 2/9/2023
Status: 5/8/2023-May 8 hearing: Placed on APPR suspense file.
Location: Senate Appropriations Suspense File
Calendar:
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: Would, upon specified findings, authorize the State Water Resources Control Board to investigate the diversion and use of water from a stream system to determine whether the diversion and use are based upon appropriation, riparian right, or other basis of right, as specified.
SB 418 (Padilla D) California Prison Redevelopment Commission.
Current Text: Introduced: 2/9/2023 html pdf
Introduced: 2/9/2023
Status: 5/8/2023-May 8 hearing: Placed on APPR suspense file.
Location: Senate Appropriations Suspense File
Calendar:
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: Existing law requires the Department of Corrections and Rehabilitation to begin reducing private in-state male contract correctional facilities and reducing the capacity of state-owned and operated prisons or in-state leased or contract correctional facilities, as specified. This bill would establish the California Prison Redevelopment Commission, under the direction of the Director of GO-Biz and consisting of 15 members, including, among others, representatives from the Department of Corrections and Rehabilitation, the Department of Finance, and the Department of General Services, and members appointed by the Governor, the Speaker of the Assembly, and the Senate Rules Committee, as specified. This bill contains other related provisions and other existing laws.
SB 423 (Wiener D) Land use: streamlined housing approvals: multifamily housing developments.
Current Text: Amended: 3/28/2023 html pdf
Introduced: 2/13/2023
Status: 5/5/2023-Set for hearing May 15.
Location: Senate Appropriations
Calendar: 5/15/2023 10 a.m. - 1021 O Street, Room 2200 SENATE APPROPRIATIONS, PORTANTINO, ANTHONY, Chair
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: The Planning and Zoning Law authorizes a development proponent to submit an application for a multifamily housing development that is subject to a streamlined, ministerial approval process, as provided,
and not subject to a conditional use permit, if the development satisfies specified objective planning standards, including, among others, that the development proponent has committed to record, prior to the issuance of the first building permit, a land use restriction or covenant providing that any lower or moderateincome housing units required, as specified, remain available at affordable housing costs, as defined, or rent to persons and families of lower or moderate-income for no less than specified periods of time. Current law repeals these provisions on January 1, 2026. This bill would authorize the Department of General Services to act in the place of a locality or local government, at the discretion of that department, for purposes of the ministerial, streamlined review for development on property owned by or leased to the state.
SB 512 (Bradford D) Cannabis: taxation: gross receipts.
Current Text: Amended: 5/3/2023 html pdf
Introduced: 2/14/2023
Status: 5/10/2023-From committee: Do pass and re-refer to Com. on APPR. (Ayes 6. Noes 0.) (May 10). Rereferred to Com. on APPR.
Location: Senate Appropriations
Calendar: 5/15/2023 10 a.m. - 1021 O Street, Room 2200 SENATE APPROPRIATIONS, PORTANTINO, ANTHONY, Chair
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: Would, beginning January 1, 2024, exclude from the terms “gross receipts” and “sales price” under the Sales and Use Tax Law the amount of the cannabis excise tax imposed under the Cannabis Tax Law and the amount of any tax imposed by a city or county on the privilege of engaging in commercial cannabis activity, as specified. The bill would also prohibit a city or county from including in the definition of gross receipts, for purposes of any local tax or fee on a licensed cannabis retailer the amount of any cannabis excise tax imposed under the Cannabis Tax Law or any sales and use taxes. By imposing new requirements on local governments with respect to their taxes and fees, the bill would impose a state-mandated local program.
SB 544 (Laird D) Bagley-Keene Open Meeting Act: teleconferencing.
Current Text: Amended: 4/27/2023 html pdf
Introduced: 2/15/2023
Status: 5/9/2023-Read second time. Ordered to third reading.
Location: Senate Third Reading
Calendar: 5/11/2023 #90 SENATE SENATE BILLS -THIRD READING FILE Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: The Bagley-Keene Open Meeting Act, requires, with specified exceptions, that all meetings of a state body be open and public and all persons be permitted to attend any meeting of a state body. The act authorizes meetings through teleconference subject to specified requirements, including, among others, that the state body post agendas at all teleconference locations, that each teleconference location be identified in the notice and agenda of the meeting or proceeding, that each teleconference location be accessible to the public, that the agenda provide an opportunity for members of the public to address the state body directly at each teleconference location, and that at least one member of the state body be physically present at the location specified in the notice of the meeting. This bill would amend existing law that will remain operative after July 1, 2023, to remove indefinitely the teleconference requirements that a state body post agendas at all teleconference locations, that each teleconference location be identified in the notice and agenda of the meeting or proceeding, and that each teleconference location be accessible to the public. The bill would require a state body to provide a means by which the public may remotely hear audio of the meeting, remotely observe the meeting, or attend the meeting by providing on the posted agenda a teleconference telephone number, an internet website or other online platform, and a physical address for at least one site, including, if available, access equivalent to the access for a member of the state body participating remotely.
SB 560 (Laird D) Solid waste: gas cylinders: stewardship program.
Current Text: Amended: 3/22/2023 html pdf
Introduced: 2/15/2023
Status: 5/8/2023-May 8 hearing: Placed on APPR suspense file.
Location: Senate Appropriations Suspense File
Calendar:
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: The California Integrated Waste Management Act of 1989, administered by the Department of Resources Recycling and Recovery, generally regulates the disposal, management, and recycling of solid waste. The act establishes stewardship programs for various products, including, among others, carpet, mattresses, and pharmaceutical and sharps waste. This bill would establish a stewardship program for gas cylinder products, as defined, and would authorize producers of those products to establish one more producer stewardship organizations for that purpose. The bill would require each producer or producer
stewardship organization to submit a gas cylinder stewardship plan to the department that details, among other things, convenient and accessible opportunities for the recovery of gas cylinders used by consumers.
The bill would prohibit gas cylinder producers that are not participating in a department-approved stewardship plan from supplying, selling, or offering for sale gas cylinders in the state.
SB 572 (Stern D) Natural gas: prices: report.
Current Text: Amended: 4/24/2023 html pdf
Introduced: 2/15/2023
Status: 5/9/2023-Read second time. Ordered to third reading.
Location: Senate Third Reading
Calendar: 5/11/2023 #91 SENATE SENATE BILLS -THIRD READING FILE Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: An current Public Utilities Commission order requires the commission to investigate the causes and impacts of the winter 2022–2023 natural gas price spikes and the potential for recurrence, the impact of the price spikes on natural gas and electric prices and customer bills, the potential threats to gas and electric reliability and price volatility in summer 2023 and beyond, potential mitigations, and utility communications to customers to determine whether they were sufficient or require modifications. This bill would require the commission, on or before February 1, 2024, to submit a report to the relevant legislative policy committees on the status, outcomes, and recommendations, if any, of the commission order described above and the status and any findings of any related investigations by the Federal Energy Regulatory Commission.
SB 602 (Archuleta D) Trespass.
Current Text: Amended: 3/20/2023 html pdf
Introduced: 2/15/2023
Status: 5/4/2023-Referred to Com. on PUB. S.
Location: Assembly Public Safety
Calendar:
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: Current law makes it a misdemeanor to commit the crime of trespass, which includes refusing or failing to leave land, real property, or structures belonging to, or lawfully occupied by, another and not open to the general public upon being requested to leave by a peace officer at the request of the owner, the owner’s agent, or the person in lawful possession and upon being informed by the peace officer that they are acting at the request of the owner, the owner’s agent, or the person in lawful possession. Current law requires the owner, the owner’s agent, or the person in lawful possession to make a separate request to the peace officer on each occasion when the peace officer’s assistance in dealing with a trespass is requested, except that a single request for peace officer assistance may be made for a period not to exceed 12 months when the premises or property is closed to the public and posted as being closed. Existing law requires the requester to inform the law enforcement agency to which the request was made when the assistance is no longer desired before the 12-month period expires. Current law also authorizes a single request for a peace officer’s assistance to be made for a period of time not to exceed 30 days and identified by specific dates when there is a fire hazard or the owner, the owner’s agent, or the person in lawful possession is absent from the property. Under current law, a request for assistance expires when ownership of the property changes or upon a change in the person in lawful possession. This bill would authorize a single request for assistance to be made and submitted electronically, in a notarized writing on a form provided by the law enforcement agency, to a peace officer for a time period determined by local ordinance or 12 months, whichever is shorter, and identified by specific dates, during which there is a fire hazard or the owner, owner’s agent, or person in lawful possession is absent from the premises or property.
SB 615 (Allen D) Vehicle traction batteries.
Current Text: Amended: 4/12/2023 html pdf
Introduced: 2/15/2023
Status: 5/8/2023-May 8 hearing: Placed on APPR suspense file.
Location: Senate Appropriations Suspense File
Calendar:
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: Current law requires the Secretary for Environmental Protection to convene the Lithium-Ion Car Battery Recycling Advisory Group to review, and advise the Legislature on, policies pertaining to the recovery and recycling of lithium-ion vehicle batteries sold with motor vehicles in the state. Current law also requires the advisory group to submit policy recommendations to the Legislature aimed at ensuring that as close to 100% as possible of lithium-ion vehicle batteries in the state are reused or recycled at end-of-life in a safe and cost-effective manner. This bill would repeal those requirements. The bill would instead require vehicle traction batteries, as defined, in the state to be recovered and reused, repurposed, or remanufactured and eventually recycled at the end of their useful life in a motor vehicle or any other application. The bill would
also require a vehicle manufacturer, dealer, automobile dismantler, automotive repair dealer, and nonvehicle secondary user to be responsible for ensuring the responsible end-of-life management of a vehicle traction battery once it is removed from a vehicle or other application to which the vehicle traction battery has been used. The bill would make a vehicle or battery manufacturer responsible for collecting a stranded battery, as defined, and repurposing the battery, if possible, but would require the manufacturer to ensure the battery is recycled if it cannot be reused. The bill would require, by January 1, 2025, a battery supplier, as described, to be responsible for the development of a core exchange program for replacing a battery, module, or cell removed from a vehicle, as specified.
SB 634 (Becker D) Low Barrier Navigation Center: opportunity housing: use by right: building standards.
Current Text: Amended: 5/9/2023 html pdf
Introduced: 2/16/2023
Status: 5/9/2023-From committee with author's amendments. Read second time and amended. Re-referred to Com. on APPR.
Location: Senate Appropriations
Calendar: 5/15/2023 10 a.m. - 1021 O Street, Room 2200 SENATE APPROPRIATIONS, PORTANTINO, ANTHONY, Chair
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: Current law provides that the California Environmental Quality Act (CEQA) does not apply to an action taken by a public agency to lease, convey, or encumber land owned by a public entity or to facilitate the lease, conveyance, or encumbrance of land owned by a public agency, or to provide financial assistance to, or otherwise approve, a Low Barrier Navigation Center constructed or allowed by existing law. CEQA does not apply to the ministerial approval of projects. Current law prescribes requirements for notifying a developer that its application for a Low Barrier Navigation Center development is complete and for the local jurisdiction to complete its review of the application. Current law declares that Low Barrier Navigation Center developments are essential tools for alleviating the homelessness crisis in this state and are a matter of statewide concern and thus applicable to charter cities. Current law repeals these provisions as of January 1, 2027. This bill would additionally require an opportunity housing project, as defined, to be a use by right if the project has a housing transition plan for a situation when the parcel on which the project is located is no longer suitable for opportunity housing projects, as specified. The bill would also expand use by right to include sites used pursuant to Executive Order No. N-23-20 and areas zoned for medical use or faith-based use. The bill would provide that these provisions do not apply to an opportunity housing project located on a site in a nonresidential zone unless the site is located near amenities and services that serve people experiencing homelessness, as specified. The bill, by authorizing additional developments to be a use by right under certain circumstances, would expand the exemption for the ministerial approval of projects under CEQA.
SB 747 (Caballero D) Land use: economic development: surplus land.
Current Text: Amended: 5/1/2023 html pdf
Introduced: 2/17/2023
Status: 5/5/2023-Set for hearing May 15.
Location: Senate Appropriations
Calendar: 5/15/2023 10 a.m. - 1021 O Street, Room 2200 SENATE APPROPRIATIONS, PORTANTINO, ANTHONY, Chair
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: Current law authorizes a city, county, or city and county, with the approval of its legislative body by resolution after a public hearing, to acquire, sell, or lease property in furtherance of the creation of an economic opportunity, as defined. Existing law specifies the Legislature’s intent regarding those provisions.
This bill would authorize a city, county, or city and county, in addition to a sale or lease, to otherwise transfer property to create an economic opportunity. The bill would make related, conforming changes.
SB 796 (Alvarado-Gil D) Threats: schools and places of worship.
Current Text: Amended: 4/27/2023 html pdf
Introduced: 2/17/2023
Status: 5/8/2023-May 8 hearing: Placed on APPR suspense file.
Location: Senate Appropriations Suspense File
Calendar:
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: Would make a person who willfully threatens to commit a crime which will result in death or great bodily injury to any person who may be on the grounds of a school or place of worship, with specific intent and under certain circumstances, and if the threat causes a person or persons reasonably to be in sustained fear for their own safety or the safety of another person, guilty of a misdemeanor or felony
punishable by imprisonment in a county jail for a specified term, except that if the person is under 18 years of age, the bill would make the person guilty of a misdemeanor. By creating a new crime, this bill would impose a state-mandated local program.
SB 867 (Allen D) Drought, Flood, and Water Resilience, Wildfire and Forest Resilience, Coastal Resilience, Extreme Heat Mitigation, Biodiversity and Nature-Based Climate Solutions, Climate Smart Agriculture, Park Creation and Outdoor Access, and Clean Energy Bond Act of 2024.
Current Text: Amended: 4/19/2023 html pdf
Introduced: 2/17/2023
Status: 5/8/2023-May 8 hearing: Placed on APPR suspense file.
Location: Senate Appropriations Suspense File
Calendar:
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: Would enact the Drought, Flood, and Water Resilience, Wildfire and Forest Resilience, Coastal Resilience, Extreme Heat Mitigation, Biodiversity and Nature-Based Climate Solutions, Climate Smart Agriculture, Park Creation and Outdoor Access, and Clean Energy Bond Act of 2024, which, if approved by the voters, would authorize the issuance of bonds in the amount of $15,500,000,000 pursuant to the State General Obligation Bond Law to finance projects for drought, flood, and water resilience, wildfire and forest resilience, coastal resilience, extreme heat mitigation, biodiversity and nature-based climate solutions, climate smart agriculture, park creation and outdoor access, and clean energy programs.
SCR 20 (Umberg D) California Peace Officers’ Memorial Day.
Current Text: Amended: 5/1/2023 html pdf
Introduced: 2/7/2023
Status: 5/8/2023-Read. Adopted. (Ayes 36. Noes 0.) Ordered to the Assembly. In Assembly. Held at Desk.
Location: Assembly Desk
Calendar:
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: Would proclaim Monday, May 8, 2023, as California Peace Officers’ Memorial Day.
SCR 25 (Seyarto R) Deputy Darnell Andrew Calhoun Memorial Highway.
Current Text: Amended: 5/4/2023 html pdf
Introduced: 2/13/2023
Status: 5/4/2023-Referred to Com. on TRANS. From committee with author's amendments. Read second time and amended. Re-referred to Com. on TRANS.
Location: Assembly Transportation
Calendar:
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: Would designate a portion of State Highway Route 15 in the City of Lake Elsinore and the County of Riverside as the Deputy Darnell Andrew Calhoun Memorial Highway. The measure would request the Department of Transportation to determine the cost of appropriate signs showing this special designation and, upon receiving donations from nonstate sources covering that cost, to erect those signs.
Total Measures: 48
Total Tracking Forms: 76
INNOVATIVE FEDERAL STRATEGIES, LLC
Comprehensive Government Relations
511 C Street, NE • Washington, DC 20002 • 202-347-5990 • Fax 202-347-5941
MEMORANDUM
To: Frank Luckino, City Manager, City of Twentynine Palms From: Letitia White and Jean Denton
Date: June 2, 2023
Re: May Monthly Legislative Update
Congress Passes Debt Limit Package
Congress passed legislation to suspend the debt limit past the 2024 elections, sending to the President a bipartisan package designed to avert a financial crisis when borrowing authority runs out the first week of June.
On May 31, with a bipartisan 314-117 vote, the House endorsed legislation negotiated by Speaker Kevin McCarthy and President Joe Biden that would couple debt limit relief with caps on discretionary spending that Republicans said would serve as a down payment on deficit reduction efforts. The next day on June 1 the Senate approved the bill by a vote of 63-36.
The vote marked a victory for McCarthy, who beat back months of Democratic insistence on a “clean” debt limit increase without the spending cuts and other conservative policies Republicans demanded.
"Over the past four months, we worked hard to change how Washington works," McCarthy said in floor debate. "We stopped the Democrats from writing a blank check for spending after the largest spending binge in American history brought us the worst inflation the nation has ever known."
Passage of the legislation marks the first time since the landmark budget deal of 2011 that lawmakers and the White House agreed to attach spending cuts to a debt limit increase.
That deal triggered a decade of spending caps that members of both parties came to regret, and prompted Biden to conclude he should never again negotiate on a debt limit increase. He ultimately backed down from that position to reach his deal with McCarthy, while insisting he was only negotiating on the budget, not the debt limit.
Below is a summary of H.R.3746, The Fiscal Responsibility Act:
Debt Ceiling
The measure would suspend the debt ceiling until Jan. 1, 2025, providing the Treasury Department borrowing authority for two years before Congress would have to approve another debt limit increase.
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The debt limit places a cap, currently set at $31.4 trillion by a 2021 law (Public Law 117-73), on how much the federal government can borrow to pay for existing obligations.
The suspension would be limited to necessary statutory obligations that require payment before 2025. The Treasury Department couldn’t create cash reserves during the two-year suspension.
The Treasury Department has been using “extraordinary measures,” such as delaying investments of certain federal retirement funds, since Jan. 19 to stay below the cap. Treasury Secretary Janet Yellen has said those tools likely would be exhausted by June 5. Those measures would again be available in early 2025.
Funding Provisions
Spending Caps: The legislation would set separate caps for security and non-security programs as was the case under the Budget Control Act of 2011 (Public Law 112-25) and subsequent laws that increased the amount of spending allowed under those caps.
Similarly, under the Budget Control Act, discretionary funding that exceeds statutory limits for a fiscal year would be subject to sequestration, an automatic process that cancels spending across the board to conform to the caps.
The legislation would cap nondefense spending in fiscal 2024 at $703.7 billion and $710.7 billion in fiscal 2025. The proposal would keep fiscal 2024 nondefense spending roughly the same as 2023 levels when accounting for appropriations adjustments, according to the White House.
The proposal would cap topline fiscal 2024 discretionary spending for defense programs at $886.3 billion, roughly a 3.3% increase from the fiscal 2023 level, as proposed by Biden in his budget request. It would cap fiscal 2025 defense spending at $895.2 billion.
The legislation would also set 302(a) allocations for discretionary spending starting at $1.62 trillion in fiscal 2026 and increasing to $1.67 trillion in fiscal 2029. Appropriators would divide
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those amounts among the 12 spending bills. Unlike the spending caps for fiscal 2024 and 2025, the limits wouldn’t be enforced through sequestration.
Cap Reduction During CRs: If a continuing resolution is in effect on or after Jan. 1, 2024, the discretionary spending limits for fiscal 2024 would be reduced to be 1% less than the fiscal 2023 base funding amounts. Similar requirements would apply if a continuing resolution is in effect on or after Jan. 1, 2025.
The provisions would create an incentive to enact all 12 appropriations bills by the end of the calendar year. The reductions would be reversed if all the bills are enacted in the new year.
VA Toxic Exposure Fund: The measure would provide the following amounts for the Cost of War Toxic Exposure Fund, created by the 2022 Honoring our PACT Act (Public Law 117-168) to cover veterans’ health care and medical research related to exposure to environmental hazards:
$20.3 billion that could be used starting in fiscal 2024, and would be available though fiscal 2028.
$24.5 billion that could be used starting in fiscal 2025, and would be available through fiscal 2029.
Commerce Funding: The bill would provide $22 billion for the Commerce Department’s Nonrecurring Expenses Fund to support programs related to “government efficiencies.” Half would be available in fiscal 2024 and half in fiscal 2025.
Cap Adjustments: The proposal would allow additional new budget authority for certain activities, including for health care fraud and abuse prevention. The measure also would allow for adjustments to the spending cap for disaster relief spending in fiscal 2024 and 2025, while modifying the formula for calculating the maximum adjustment for disaster relief appropriations for those fiscal years.
Rescission of Funds
Covid Funds: The measure would rescind unspent money provided under various laws enacted in 2020 for Covid-19 relief, as well as Democrats’ 2021 reconciliation package (Public Law 117-2).
That would include “tens of billions of dollars” in unspent funds, such as money provided for the Centers for Disease Control and Prevention’s global health fund, for the largest total rescissions package in history, according to a fact sheet from Republicans.
IRS Rescission: The measure would rescind $1.39 billion of the $80 billion in funding provided to the IRS under Democrats’ tax, health care, and climate change law, also known as the Inflation Reduction Act (Public Law 117-169)
Republicans said that would cut the total fiscal 2023 staffing funding request for new IRS agents.
White House officials said during a May 28 background press call with reporters that the BidenMcCarthy agreement would redirect $20 billion of the IRS funding over the next two years to
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other nondefense spending. The officials said the reductions wouldn’t affect IRS activities in the near term because the $80 billion was provided over 10 years.
Administrative PAYGO
Agencies taking administrative actions that would increase mandatory spending would be required to submit a proposal to the Office of Management and Budget to reduce spending by an equal or greater amount through other actions. OMB would have to return the proposed action to the agency if offsets aren’t identified.
The requirement would expire on Dec. 31, 2024, and wouldn’t apply to actions that cost less than $1 billion over 10 years or $100 million in any given year during the 10-year period. Findings under the title wouldn’t be subject to judicial review.
The offset requirement wouldn’t apply to actions that are mandated by law. Agencies would need to submit an opinion to the OMB director explaining why the action is required by law and provide a direct spending projection “under the least costly implementation option.” OMB could waive the offset requirement if it finds the waiver is necessary for the delivery of essential services or programs.
The measure aims to codify administrative “pay-as-you-go” rules that were implemented by OMB in 2005 but some Republicans say aren’t always applied to new rules and other actions.
Budget Enforcement
The legislation would provide for budget enforcement in both chambers in lieu of a budget resolution, for fiscal 2024 in the House and fiscal 2024 and 2025 in the Senate. The provisions would apply unless a separate resolution is adopted.
It would direct the chairmen of the House and Senate Budget committees to submit allocations for committees in the Congressional Record for fiscal 2024, including allocations for the Appropriations committees based on the spending caps set in the bill.
The Senate Budget chairman would also submit information for the Congressional Record for fiscal 2025 based on the spending caps in the bill, which would apply in the same manner as a budget resolution for that year.
The legislation would also limit advance appropriations in both chambers.
Work Requirements
TANF Changes: The measure would change to 2015, from 2005, the base year used to determine a state’s required work participation rate for Temporary Assistance for Needy Families (TANF) recipients. The change would take effect on Oct. 1, 2025.
States generally must meet a 50% work participation rate each year and can reduce that rate based on how much their caseloads have fallen since 2005. Based on that benchmark, more than half of states have an adjusted work participation rate of zero, according to a March 2022 report
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from the Center on Budget and Policy Priorities, which has opposed efforts to cut social safety net programs.
HHS would also be required to determine participation rates without regarding any individual engaged in work in a family that doesn’t receive assistance and has less than $35 in assistance funded with eligible state expenditures. The provision would take effect on Oct. 1, 2025.
TANF Pilot Program: The measure would require the Health and Human Services Department (HHS) to carry out a pilot program in which it could choose as many as five states that receive a state family assistance grant to negotiate performance benchmarks for work and family outcomes for TANF recipients.
The program would be in effect for six fiscal years, with one year to establish benchmark data and negotiate targets, and five years to measure performance against the targets.
The benchmarks would include the percentage of work-eligible individuals in unsubsidized employment during the second quarter after exiting the program; their level of earnings in the second and fourth quarters after exiting; and other indicators of family stability and well-being established by HHS.
A state that doesn’t meet a measured benchmark standard for two consecutive fiscal years would have to enter into a plan with HHS to achieve the required performance level to continue in the pilot program.
A state operating a pilot program would need to have a system to reduce the assistance amount to a family if an individual refuses without good cause to engage in the required activities. A state without a system would be considered to have failed to comply with the penalty requirements.
SNAP Changes: The measure would expand work requirements for “able-bodied adults without dependents” under the Supplemental Nutrition Assistance Program to individuals up to the age of 51 starting in fiscal 2023, 53 starting in fiscal 2024, and 55 starting in fiscal 2025. Under current rules, individuals ages 18 through 49 can’t receive SNAP benefits for more than three months in three years if they don’t meet additional work requirements.
The measure also would exempt homeless individuals, veterans, or certain individuals in foster care from the work rules that apply to able-bodied adults without dependents.
States would have to apply the work requirement provisions to any application for initial certification or recertification beginning 90 days after the bill’s enactment.
The work requirement changes would sunset on Oct. 1, 2030, to allow Congress to reevaluate them, according to the May 28 White House press call.
The measure would also modify the number of exemptions that state agencies can provide to the work requirements so the average number of exemptions doesn’t exceed 8% of all covered recipients beginning in fiscal 2024, instead of 12%.
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States couldn’t accumulate unused exemptions to be provided in subsequent years, beginning in fiscal 2024.
The Agriculture Department would be required to make public all available state waiver requests and agency approvals, including supporting data from the state and relevant documents on the waivers’ use.
Permitting Changes
The measure would modify the National Environmental Policy Act (NEPA) to streamline environmental review processes.
Under NEPA, federal agencies are required to evaluate the environmental and related social and economic effects of their major proposed actions, including making decisions on permitting applications, adopting federal land management actions, and building highways and other publicly owned facilities.
NEPA includes two levels of environmental review. Environmental impact statements are required for proposed major actions that are determined to have a significant effect on the environment. If the effect is unknown or not significant, an environmental assessment is required.
A proposed federal action can also be “categorically excluded” from any environmental reviews required under NEPA when it generally doesn’t have a significant environmental effect.
The measure would set timelines for completing environmental reviews and establish responsibilities for lead agencies during the review process, codifying elements of the Trump administration’s “one federal decision” policy.
Review Timelines: The lead agency would have to complete an environmental impact statement within two years or an environmental assessment within one year, unless a deadline extension is agreed to by the project sponsor.
A project sponsor could petition a court to order the agency to act if it doesn’t meet its deadline.
If the court determines the agency failed to act within the applicable deadline, the agency would generally be required to act not later than 90 days from the date the order was issued.
Agency Responsibilities: If a proposed action involves more than one federal agency, the agencies would have to evaluate the proposal in a single environmental document.
If there are two or more federal agencies involved in a proposed action, the agencies would be required to determine, by letter or memorandum, which agency would act as the lead agency.
The decision would be based on several factors, including the extent and duration of an agency’s involvement and expertise related to the action’s environmental effects. Agencies could appoint federal, state, tribal, or local agencies as joint lead or cooperating agencies.
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A lead agency would have to create procedures allowing a project sponsor to prepare an environmental assessment or environmental impact statement under the agency’s supervision.
The agency would have to independently evaluate the environmental document and take responsibility for the content.
Environmental impact statements would be no more than 150 pages in length, with a limit of 300 pages if a proposed action is deemed to be extraordinarily complex. Environmental assessments would be no longer than 75 pages.
Agency Considerations: The measure would allow agencies to consider the “reasonably foreseeable” environmental effects of proposed major actions and a “reasonable range” of alternatives, including an analysis of the negative environmental impacts of not implementing a proposed action.
Agencies wouldn’t have to prepare environmental analyses under NEPA if the proposed action isn’t final, is covered by a categorical exclusion, or if the analyses would conflict with the requirements of another law.
Programmatic Reviews: Agencies would be able to rely on an analysis from an initial programmatic environmental review — those analyzing a policy, program, or group of actions — in a subsequent document for a related action if it occurs within five years and there’s no substantial new information. Agencies could rely on these reviews after five years if they reevaluate the initial analysis and underlying assumptions.
Categorical Exclusions: Agencies would be able to adopt categorical exclusions from other agencies’ NEPA procedures. They would have to consult with the other agency to ensure the adoption is appropriate and identify it publicly.
Other Energy Provisions
Transmission Study: The Electric Reliability Organization would have to conduct a study of “total transfer capability” — the amount of electric power that can be moved from one area to another through transmission lines — between transmission planning regions. The study would have to include recommendations on prudent additions to total transfer capability between planning regions that would strengthen reliability.
Energy Storage Permitting: Energy storage projects would be added to the list of covered projects for the purposes of streamlined permitting processes under the 2015 FAST Act (Public Law 114-94). The FAST Act defines covered projects as those that are likely to require a total investment of more than $200 million, are subject to NEPA, and don’t already qualify for abbreviated review processes. Per the law, permitting decisions for covered projects must be issued within 180 days of receiving a project application.
Mountain Valley Pipeline: Approval for the Mountain Valley Pipeline, a roughly 300-mile natural gas pipeline project stretching across parts of Virginia and West Virginia that has been mired in legal and regulatory challenges, would be expedited under the measure.
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All necessary permits required to complete the project would have to be issued within 21 days of enactment. The measure would prevent judicial review of any agency action to approve construction and initial operation. It would also give the US Court of Appeals for the D.C.
Circuit exclusive jurisdiction over future litigation of the project.
Student Loans
Sixty days after June 30, the measure would cancel regulations covering extensions of federal student loan payment suspensions, including waivers of interest on such loans that were first provided under the 2020 Covid-19 aid package (Public Law 116-136). The suspension was extended multiple times, most recently on Nov. 22, 2022.
The Education Department couldn’t implement a substantially similar executive action or rule unless authorized by Congress.
New Rule Prompts Criticism, Borrowers with Good Credit Being Penalized This month, new pricing for federally guaranteed mortgages sparked criticism, prompting claims that borrowers with higher credit scores will subsidize those with lower credit through higher fees.
With a new rule, the Federal Housing Finance Agency (FHFA) updated its upfront fees for Fannie Mae and Freddie Mac mortgages, which would raise mortgage fees for some while lowering them for others.
FHFA Director Sandra Thompson pushed back on criticism of the updates, saying some analyses were based on misconceptions of the changes.
“Some updated fees are higher and some are lower, in differing amounts. They do not represent pure decreases for high-risk borrowers or pure increases for low-risk borrowers” Thompson said in a statement.
“Many borrowers with high credit scores or large down payments will see their fees decrease or remain flat,” she added.
Even so, critics of the recently implemented changes argue these fees will punish responsible borrowers while encouraging others to act irresponsibly amid worsening affordability issues.
Financial officers in 27 states recently wrote an open letter to the White House asking President Biden to rescind the new rule, saying the fees will make it significantly more expensive for borrowers with good credit to purchase a home.
“In other words, the policy will take money away from the people who played by the rules and did things right — including millions of hardworking, middle-class Americans who built a good credit score and saved enough to make a strong down payment,” the letter read.
On a conventional 30-year loan of $400,000, the upfront fees could add up to $42 per month for borrowers with a credit score above 780, Freddie Mac data showed.
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Some borrowers with higher credit scores and down payments could see fees increase between 5 and 25 basis points, according to an analysis from the Mortgage Bankers Association.
Experts say higher credit scores will still lead to lower payments, and the new pricing adjustments are not penalizing borrowers with good credit. “Good credit borrowers are not being offered higher rates than lower credit borrowers. FHFA’s new pricing just means that they are not getting as big of a break on their rate as before,” MBA said.
Instead, higher credit borrowers might not get as high of a break as before, while the hit on riskier borrowers with lower credit and lower down payments could be smaller.
Some criticism has also targeted down payments, specifically arguing FHFA is imposing higher fees are being imposed on more creditworthy applicants so they can undercharge those with risky loans.
But an analysis from the Urban Institute notes this argument disregards mortgage insurance that borrowers must take out on loans where a down payment does not reach 20 percent.
Market conditions have been especially difficult for prospective buyers without substantial credit histories.
Housing affordability has taken major hits in recent years as a nationwide shortage and mortgage rate volatility have pushed buyers to the sidelines.
Interest rates fluctuated drastically in the latter half of the year as the Federal Reserve aimed to cut inflation by raising interest rates.
“Yet there’s always been an element of cross-subsidization given the way higher and lower credit scores are bucketed,” Redfin chief economist Daryl Fairweather mentioned. “If you’re in the 700 to 800 range, you’ll get the same mortgage rate, whether you’re at 700, or you’re at 800. So in that scenario, the 800s are cross-subsidizing 700s. It’s just that they change the formula,” Fairweather said.
MBA noted that given the time it takes to close on a mortgage, the new framework has been in place since March.
And Fairweather added that, without an announcement, market conditions may have helped the change go unnoticed.
House Fails to Override Biden Veto Maintaining Solar Tariffs The House of Representatives fell short of the required two-thirds majority to override President Biden’s veto of a Congressional Review Act (CRA) resolution resuming solar power tariffs.
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This month, the chamber voted 214-205 on the reintroduction of the resolution, allowing the presidential veto to stand.
The Commerce Department has ordered a two-year freeze on tariffs for certain solar imports, a move backed by the solar industry and fiercely opposed by China hawks and trade protectionists.
The House voted 221-202 on April 28 to repeal the rule through the CRA, with 12 Democrats joining all but 8 Republicans. Days later, the resolution cleared the Senate in a 56-41 vote.
Biden vetoed the measure on May 16, calling the tariff freeze necessary to achieve the renewable energy goals of the Inflation Reduction Act.
“Given the progress we are making on American solar, I do not intend to extend the tariff suspension at the conclusion of the 2-year period in June 2024,” Biden said in the veto announcement. “Passage of this resolution bets against American innovation.” The resolution’s House sponsors indicated they would attempt to override the veto. “Congress passed this bipartisan resolution with strong support from Republicans and Democrats,” Rep. Dan Kildee (D-MI) said following the veto. “Now that the president has vetoed this bill, Congress should once again vote to override the veto without delay.” Democratic Reps. Henry Cuellar (D-TX), Jared Golden (D-ME), Vicente Gonzalez (D-TX) and Mary Peltola (D-AK) joined every Republican but Rep. Brian Fitzpatrick (R-PA) in voting for the resolution.
The CRA allows a simple majority in both houses of Congress to repeal a rule made by the executive branch.
Congress has used the law on several occasions against energy and environment-related Biden administration rules, including most recently a 221-203 vote to overturn a Biden administration rule aimed at cutting pollution from heavy-duty trucks.
Republicans Rebuke Biden in Passage of Sweeping Border Package House Republicans passed an aggressive, but symbolic border security and immigration package this month following months of negotiations and a series of last-minute obstacles.
The legislation would ensure fewer people could claim asylum in the US, restart border wall construction, and lock more migrants in detention facilities. The House vote was 219-213, with all Democrats in opposition and only two Republican defections: Reps. Thomas Massie (R-KY) and John Duarte (R-CA).
The bill’s passage came on the same day the US ended the pandemic-era border restriction, Title
42.
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However, the legislation (H.R. 2) is dead on arrival in the Senate, and President Joe Biden said he would veto it if it reached his desk. Still, it’s a powerful message from Republicans, who’ve spent years hammering Democrats on border security and are poised to play up the issue in 2024 campaigns. The dearth of Democratic support also highlights how far apart the parties remain on immigration issues.
Minority Leader Hakeem Jeffries (D-NY) slammed the bill as “extreme MAGA Republican” and said it would “weaponize and politicize the border as opposed to doing something meaningful about it.”
Inside the Bill
The border package featured a laundry list of GOP priorities, including narrowing asylum eligibility, restarting border wall construction, requiring employers to use the E-Verify program to check workers’ status, increasing the size of the Border Patrol, and fast-tracking deportations.
Immigrants’ rights groups denounced the bill as a cruel effort to restrict asylum and dehumanize migrants who are fleeing trauma and political instability in their home countries. The measure would “vilify vulnerable immigrant families and children in search of protection,” Immigration Hub Executive Director Sergio Gonzales said and urged lawmakers to vote against it.
Supporters of the legislation maintain it would deter migrants who have flimsy asylum claims and unclog the immigration courts for those with valid cases.
If signed into law, the bill would also gut funding for the Department of Homeland Security to process migrants who cross the border without authorization, and it would block the agency’s grants for any nongovernmental organization to provide transportation, lodging, or immigrationrelated legal services to newly arrived immigrants deemed “inadmissible” under federal law.
Senate Efforts
The House’s partisan border bill highlights how far lawmakers are from reaching a bipartisan compromise to update US immigration and border laws.
The divisive provisions in the bill — including narrowing asylum and increasing detention, even of children — are too extreme to garner much, if any, Democratic support.
Gonzales of Texas maintained House Republicans have “a lot of willing partners” in the Senate and have had conversations about moving border legislation forward.
Sens. Kyrsten Sinema (I-AZ) and Thom Tillis (R-NC) are working on their own bill to tighten border enforcement measures while providing a pathway to citizenship for some undocumented immigrants. Sinema said parts of the House bill are problematic, but the Senate can work with it.
Lawmakers Back Speedier Dam Licenses for Grid, Climate Goals Two senators announced a fresh legislative effort to speed up hydropower licensing, arguing that looming dam closures threaten power grid reliability and climate goals.
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The Community and Hydropower Improvement Act from Sens. Maria Cantwell (D-WA) and Steve Daines (R-MT) proposes the Federal Energy Regulatory Commission establish a two-year process to grant licensing for adding hydropower to qualifying non-powered dams and a threeyear process for lower-impact projects. It would direct the commission to establish a two-year licensing process for adding hydropower to non-powered dams, according to a bill summary and bill text.
The bill would also extend authority to tribes with treaty-protected rights to submit license recommendations to FERC to protect fish and wildlife resources. It would direct the study of possible benefits that fish passage or downstream environmental improvements may have on fish species and reasonably foreseeable hydrological changes during the license term.
Hydropower licensing changes have been sought for years by a coalition of industry, environmental groups, tribal nations, and others called Uncommon Dialogue.
But that coalition has not, so far, translated into legislative success, with hydropower losing out on the kind of tax incentives and attention received by wind, solar, electric batteries, hydrogen, and other energy technologies.
With permitting reform at the top of the agenda in Washington, hydropower supporters are gearing up to ensure they have a seat at the table.
White House Looks to Move Past COVID Emergency
The White House signaled it wants to close the book on the COVID-19 pandemic now that the public health emergency expired.
However, even as the administration and the public look to move on, experts say the virus won’t go away. Hundreds of people still die every day from COVID-19, and more are being hospitalized. The current situation is precarious and could backslide in the fall.
The administration also faces a challenge in filling leadership roles across key health positions, including the National Institutes of Health, the National Institute of Allergy and Infectious Diseases, the Centers for Disease Control and Prevention (CDC), and a new White House pandemic response office.
CDC Director Rochelle Walensky said she will step down effective June 30, and her replacement likely will be the last person a president can appoint to the job without Senate confirmation.
The government funding bill passed at the end of last year will make the CDC director subject to confirmation, but not until Jan. 20, 2025.
Walensky assumed the position in the midst of the greatest threat to the health of Americans in decades, and the pandemic defined much of her tenure.
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She faced criticism from Democratic and Republican lawmakers over the agency’s muddled communication and guidance, but forged ahead and last year announced a major organizational overhaul to streamline the agency and make it more accountable.
Walensky’s announcement came just days before the administration ended the three-year-old COVID-19 public health emergency. As the declaration expired, so too did a number of pandemic flexibilities and administration powers.
Ashish Jha, the White House’s COVID-19 response coordinator, said ending the public health emergency doesn’t mean the administration thinks it’s done with COVID-19.
But the administration’s COVID-19 response team will disband in the coming weeks, and the newly created Office of Pandemic Preparedness and Response has no leader and no staff.
Jha would not say when he is planning to leave his White House role and stressed the administration is “absolutely not” wrapping up its work to address COVID-19, despite the vacancies.
Whoever Biden appoints as Walensky’s successor is going to have to navigate what comes next, both in terms of public health and politics.
COVID-19 is falling down the list of political priorities, and there’s an increasing gulf between what the administration says is needed and what Congress is willing to fund.
A former administration official said they expected President Biden and his team to look for a replacement who is more of a manager who can run a large government agency, rather than someone whose specialty is responding to an ongoing pandemic.
While the White House is moving away from the immediate emergency of COVID-19, scientists cautioned that the virus is unpredictable.
Feinstein Expressed Confusion Over Kamala Harris Presiding over Senate Sen. Dianne Feinstein (D-CA) reportedly expressed confusion last year when Vice President Kamala Harris was presiding over the Senate to cast a tie-breaking vote, according to a new report detailing the difficulties the ailing lawmaker faces as she continues her work in the Senate.
The new report from The New York Times outlines the many functions Feinstein’s staff play and the struggles the longtime senator faces as she returns to work after bouts of shingles and encephalitis earlier this year.
The latest example, however, reportedly took place last year and illustrates the difficulty Feinstein has had recalling, at times, the basics of how the Senate operates. According to the new report, Feinstein expressed confusion to her colleagues, when she saw Harris presiding over the chamber, in one of many tiebreaking votes the vice president has had to cast.
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“What is she doing here?” Feinstein asked, according to the report. The report cites “a person who witnessed the scene.”
Reports of Feinstein’s memory issues stem back more than a year, but since returning to the Senate after a monthslong absence because of her illness, the California Democrat appears frailer than she once had and relies more on her staff to help do her job.
Feinstein, 89, announced in February she would not run for reelection in 2024, but she said she would continue serving the remainder of her term. Some Democrats began calling for her to resign during her prolonged absence, but momentum has slowed on the issue since she has returned to work.
Biden Administration Investing $140M into AI Research and Development Amid Boom The Biden administration announced in May it will invest $140 million into research and development of artificial intelligence (AI) amid the current boom of the new technology.
Along with the funding, the Office of Management and Budget (OMB) will issue policy guidance on the use of AI by the federal government in the coming months and companies that develop AI, like Google, Microsoft, and OpenAI, have made commitments to participate in a public evaluation of AI systems.
The National Science Foundation will invest the $140 million in funding to launch seven new National AI Research Institutes, bringing the total number of these institutes to 25 in the U.S.
The institutes work on collaboration efforts across the federal government, industry and higher education.
The commitments from companies that develop AI is part of an effort to provide information for researchers and the public about AI models and figure out how the models align with the principals in the administration’s Blueprint for an AI Bill, which it recently released to mitigate the harms of automated systems.
When asked if there also need to be international standards in place for AI, senior administration officials said “we need to take one step at a time,” adding that it is a global technology and cooperation with European partners will be essential.
CEOs from Alphabet, Anthropic, Microsoft and OpenAI are heading to the White House for a meeting on AI. Vice President Harris will lead the meeting and plans to emphasize the importance of responsible innovation and the importance of safeguards that mitigate risks and potential harms.
AI has been making waves recently and policymakers and regulators are grappling with how to tackle concerns raised by it. The fast rise of the technology is posing concerns about the risk of misinformation, scams and data collection.
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This month, Rep. Yvette Clarke (D-NY) introduced a bill that would require political groups or campaigns to disclose the use of content created by AI in political ads. It comes in the wake of the Republican National Committee (RNC) releasing its first ad with AI-generated content following President Biden’s reelection bid announcement.
Also, Federal Trade Commission Chairwoman Lina Khan pledged the agency will be vigilant in monitoring “unfair or deceptive” uses of AI it is deployed.
US Supreme Court Curbs Clean Water Act in Blow to EPA Power The US Supreme Court put new limits on the Clean Water Act, slashing the power of federal regulators to protect wetlands in a long-sought victory for a couple seeking to build a house near an Idaho lake.
Although the court was unanimous in backing landowners Chantell and Michael Sackett, the justices diverged sharply on their reasoning. Justice Brett Kavanaugh joined the court’s three liberals in saying the decision will undercut important environmental protections.
It’s the latest in a line of Supreme Court rulings that have restricted the authority of federal regulators. The decision comes less than a year after the court curbed the Environmental Protection Agency’s ability to address climate change.
The latest ruling could make it easier for companies to discharge pollutants and could let developers construct more new houses without getting federal approval. It’s a victory for property-rights advocates and a defeat for environmentalists and President Joe Biden’s administration.
Biden said in a statement that the ruling will “take our country backwards.” The decision “defies the science that confirms the critical role of wetlands in safeguarding our nation’s streams, rivers, and lakes from chemicals and pollutants that harm the health and wellbeing of children, families, and communities,” he said.
The 1972 Clean Water Act gives the federal government control over “waters of the United States,” including rivers and lakes. Writing for five members of the court, Justice Samuel Alito that wetlands are covered only if they have a continuous surface connection to one of those major waterways.
“We hold that the CWA extends to only those wetlands that are as a practical matter indistinguishable from waters of the United States,” Alito wrote. Chief Justice John Roberts and Justices Clarence Thomas, Neil Gorsuch and Amy Coney Barrett joined Alito’s opinion.
In a concurring opinion that read more like a dissent, Justice Elena Kagan said Alito’s test ignored the water law’s language and put “a thumb on the scale against the Clean Water Act’s protections.” She likened the ruling to the court’s climate change decision last June.
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“The vice in both instances is the same: the court’s appointment of itself as the national decisionmaker on environmental policy,” Kagan wrote in an opinion joined by Justices Sonia Sotomayor and Ketanji Brown Jackson.
Kavanaugh said he would have sided with the Sacketts on narrower grounds. Writing for himself and the three liberals, Kavanaugh said he read the law as covering wetlands that are separated from a major waterway only by a barrier like a dike or beach dune.
Kavanaugh said that distinction “will matter a great deal in the real world.” He said the court’s reasoning could endanger wetlands separated from the Mississippi River by its extensive levee system and allow the filling of important wetlands that protect the Chesapeake Bay.
Kavanaugh and Kagan both pointed to a 1977 provision that indicates the law covers “adjacent” wetlands.
Alito said the court’s precedents require Congress to “enact exceedingly clear language if it wishes to significantly alter the balance between federal and state power and the power of the government over private property.”
Environmental groups said the ruling could strip tens of millions of acres of wetlands of federal protection.
EPA Administrator Michael Regan said the ruling “erodes longstanding clean water protections.” The Biden administration contended the tributary across the road brought the land within the scope of the Clean Water Act, particularly since the two properties were once part of the same wetlands complex. The administration said wetlands play a crucial role in protecting the integrity of nearby water bodies, even if they don’t have a surface connection.
The case is Sackett v. Environmental Protection Agency, 21-454.
Bill Number Sponsors Title and/or Summary Summary/Status Latest Action H.R.652 Rep. Julia Brownley (D-CA) Zero Food Waste Act
This bill directs the Environmental
Protection Agency to establish a grant
program to study and reduce food waste.
Introduced on January 31st, and Referred to
the Subcommittee on Health on February
10th, 2023.
H.R.610 Rep. Greg Steube (R-FL) Marijuana 1-to-3 Act of 2023 This legislation would reschedule
marijuana into schedule III of the
Controlled Substances Act.
Introduced on January 27, 2023 and
referred to the House Energy and
Commerce Committee.
H.R.550 Rep. Mike Garcia (R-FL) FIRE Act of 2023
This legislation would direct the NOAA
Administrator to maintain a program that
improves wildfire forecasting and
detection.
Introduced on January 26, 2023 and
referred to the House Science, Space, and
Technology Committee.
H.R.505 Rep. Steve Cohen Living Wage Now Act This legislation would increase the Federal minimum wage to $15 per hour.
Introduced on January 25, 2023 and
referred to the House Committee on
Education and Workforce.
H.R.255 Rep. Jenniffer GonzalezColon (R-PR)
Federal Disaster Assistance Coordination
Act
This legislation would require a study to
streamline and consolidate information
collection and preliminary damage
assessments for certain disasters.
Introduced on January 10, 2023. Received
in the Senate and Read twice and referred
to the Committee on Homeland Security
and Governmental Affairs on January 26,
2023.
H.R.250 Rep. John Garamendi (D-CA) Clean Water SRF Parity Act This bill expands the state revolving fund
established under the Clean Water Act,
including by allowing low-interest loans
to be given to privately owned treatment
works to address wastewater. Currently,
loans are given to wastewater systems
that are publicly owned.
Introduced on January 10, 2023. Referred
to the House T&I Water Resources and
Environment Subcommittee.
H.R.215 Rep. David Valadao (R-CA) WATER for California Act This legislation was originally introduced
in the 117th Congress. It would require
the CVP and SWP to be operated
consistent with the 2019 biological
opinions, aims to hep ensure CVP and the
SWP stakeholders receive the water they
contract for, provides funding for the
Shasta enlargement project, and
reauthorizes the water storage program
originally created in the WIIN Act.
Introduced on January 9, 2023 and referred
to the House Natural Resources
Committee. Ordered to be reported on
April 28th.
H.R.186 Rep. Tom McClintock (R-CA) Water Supply Permitting Coordination Act
This legislation would authorize the
Secretary of the Interior to coordinate
Federal and State permitting processes
related to the construction of new
surface water storage projects on lands
under the jurisdiction of the Secretary of
the Interior and the Secretary of
Agriculture and to designate the Bureau
of Reclamation as the lead agency for
permit processing.
Introduced on January 9, 2023 and referred
to the House Natural Resources
Committee. Referred to the subcommittee
on Water, Wildlife, and Fisheries on
February 21st.
H.R.178 Rep. Mike Levin (D-CA) Public Land Renewable Energy Development Act of 2023
This legislation aims to promote the
development of renewable energy on
public lands.
Introduced on January 9, 2023 and referred
to the House Natural Resources
Committee. Referred to the subcommittee
on Energy and Mineral Resources on
February 21st.
H.R.160 Rep. Mike Garcia (R-CA) SALT Fairness Act of 2023 This bill repeals the temporary
restrictions in taxable years 2018 through
2025 on the deductibility of state and
local taxes.
Introduced on January 9, 2023 and referred
to the House Ways and Means Committee.
H.R.139 Rep. James Comer (R-KY) SHOW UP Act of 2023
This bill requires each executive agency
to reinstate the telework policies that
were in place on December 31, 2019.
Agencies may not implement expanded
telework policies unless the Office of
Personnel Management certifies that
such policies will have a positive effect on
the agency's mission and operational
costs.
Introduced on January 9, 2023 and passed
the House by a vote of 221 to 206 on
February 1, 2023. Received in the Senate
and referred to the Committee on
Homeland Security and Governmental
Affairs on February 2nd.
H.R.289 Rep. Doug LaMalfa (R-CA) Protect Our Water Rights Act This legislation would update
requirements for the operation of the
Central Valley Project and Klamath River
Basin Reclamation Project by the Bureau
of Reclamation.
Introduced in the House on January 11,
2023 and referred to the House Natural
Resources Committee. Referred to the
Subcommittee on Water, Wildlife, and
Fisheries.
H.R.1361 Rep. Donald Payne (D-NJ) Safer Neighborhoods Gun Buyback Act of 2023
This legislation would authorize the
Director of the Bureau of Justice
Assistance to make grants to States, units
of local government, and gun dealers to
conduct gun buyback programs.
Introduced on March 3, 2023 and referred
to the House Judiciary Committee.
H.R.1335 Rep. Bruce Westerman (RAR) TAPP American Resources Act This legislation aims to restart onshore
and offshore oil, gas, and coal leasing,
streamline permitting for energy
infrastructure, ensure transparency in
energy development on Federal lands.
Introduced on March 3, 2023 and referred
to the Natural Resources, Agriculture, and
Budget Committees. Placed on the Union
Calendar on March 23rd.
H.R.1347 Rep. Sylvia Garcia (D-TX) D-BLOC Act
This legislation would amend title 49, USC
to limit railroad carriers from blocking
railway-highway crossings.
Introduced on March 3, 2023 and referred
to the House Committee on Transportation
and Infrastructure. Referred to the
Subcommittee on Railroads, Pipelines, and
Hazardous Materials on March 6
th
.
H.R.1367 Rep. Janice Schakowsky (DIL)
Water System Threat Preparedness and
Resilience Act of 2023
This legislation establishes a program to
increase drinking water and wastewater
system threat preparedness and
resilience.
Introduced on March 3, 2023 and referred
to the Transportation and Infrastructure
Committee. Referred to the Subcommittee
on Water Resources and Environment on
March 6th. Referred to the Subcommittee
on Environment, Manufacturing, and
Critical Materials.
S.115 Sen. Marco Rubio (R-FL) Clean Water Allotment Modernization Act of 2023
This legislation would amend the Federal
Water Pollution Control Act to modify
certain allotments under that Act.
Introduced on January 26, 2023 and
referred to the Committee on
Environmental and Public Works.
S.64 Sen. John Barrasso (R-WY) Water Rights Protection Act of 2023 This legislation would prohibit the
conditioning of any permit, lease, or
other use agreement on the transfer of
any water right to the United States by
the Secretary of the Interior and the
Secretary of Agriculture.
Introduced on January 25, 2023 and
referred to the Committee on Energy and
Natural Resources.
S.21 Sen. Dianne Feinstein (D-CA) Community Wildlife Protection Act of 2023
This legislation would amend the Healthy
Forests Restoration Act of 2003 to modify
the definition of the term “at-risk
community”.
Introduced on January 23, 2023 and
referred to the Committee on Agriculture,
Nutrition, and Forestry.
H.R.2419 Rep. Jim Costa (D-CA) Canal Conveyance Capacity Restoration Act
The legislation would authorize a onethird federal cost share for restoring canal capacity. Specifically, it would
authorize $833.4 million for four major
projects, including: $180 million to
restore the Friant-Kern Canal, $183.9
million to restore the Delta Mendota
Canal, $289.5 million to restore the
California Aqueduct, and $180 million to
restore salmon runs on the San Joaquin
River.
Introduced on March 30, 2023 and
Referred to the House Committee on
Natural Resources. Referred to the
Subcommittee on Water, Wildlife, and
Fisheries on May 8.
H.J.Res.27 Rep. Sam Graves (R-MO)
Congressional Resolution of Disapproval
for the Waters of the US Rule issues by
the Army Corps and EPA
This Congressional Resolution of
Disapproval seeks to overturn the ule
submitted by the Department of the
Army, Corps of Engineers, Department of
Defense and the Environmental
Protection Agency relating to the Revised
Definition of “Waters of the United
States”
The House passed the resolution on March
9 by a vote of 227-198. The Senate passed
the resolution on March 29 by a vote of 53-
43. The President vetoed the measure, and
the House failed to override the veto.
H.R. 2811 Rep. Jodey Arrington (R-TX) Limit, Save, Grow Act of 2023 This bill increases the federal debt limit
and decreases spending. It also repeals
several energy tax credits, modifies the
permitting process and other
requirements for energy projects,
expands work requirements for the
Supplemental Nutrition Assistance
Program (SNAP) and other programs, and
nullifies regulations for the cancellation
of federal student loan debt.
Introduced on April 25, 2023, and passed
on April 26 by a vote of 217-215. Referred
to the Senate Committee on the Budget on
May 4.
S. 1521 Sen. Steve Daines The Community & Hydropower
Improvement Act
The Community and Hydropower
Improvement Act bolsters hydropower
production throughout the United
States by streamlining the permitting and
licensing process, increasing tribal
engagement and oversight,
expediting low impact projects,
promoting healthy habitat, and
coordinating federal decision making.
Introduced on May 10, 2023
H.R. 3746 Rep. Patrick McHenry Fiscal Responsibility Act This bill increases the federal debt limit,
establishes new discretionary spending
limits, rescinds unobligated funds, and
expands work requirements for federal
programs.
Introduced on May 29, 2023. Passed house
on May 31.
S.J. Res. 23 Sen. Cynthia Lummis
A joint resolution providing for
congressional disapproval under chapter
8 of title 5, United States Code, of the
rule submitted by the National Marine
Fisheries Service relating to
"Endangered and Threatened Wildlife
and Plants; Regulations for Listing
Endangered and Threatened Species and
Designating Critical Habitat".
This joint resolution nullifies the final rule
issued by the National Marine Fisheries
Service titled Endangered and
Threatened Wildlife and Plants;
Regulations for Listing Endangered and
Threatened Species and Designating
Critical Habitat and published on June 24,
2022.
Introduced on March 30, and referred to
the Senate Committee on Environment and
Public Works. Passed Senate 51-49 on May
11. Received in the House on May 15.
STAFF REPORT
TO: City Council
FROM: Director of Marketing
FOR MEETING: Jun 27 2023
SUBJECT: Visit 29 Palms Civitas Contract Services for TBID Conversion.
RECOMMENDATION:
The City Council authorize the City Manager to approve $26,170 in TBID spending for phase two of Civitas Advisors contract services.
ORDER OF PROCEDURE:
Request Staff Report (TBID Marketing Director
Presenting)
Council Questions of Staff
Receive Public Comment
Council Discussion
Motion/Second
Call the Question
ATTACHMENTS:
•
TID_89_94_Comparison_Civitas
• Twentynine Palms TBID
Modification Feasibility Proposal
- Phase Two
BACKGROUND:
The Visit 29 Palms TBID (Tourism Business Improvement District) was established in October 2017, under the Parking and Business Improvement Area Law of 1989 (’89 Law), and after six successful annual reauthorizations the TBID is looking to follow course of the majority of other TBID’s across California and convert to the more modern Property and Business Improvement District Law of 1994.
TBID has enlisted industry experts at Civitas Advisors to assist and guide on this process. As industry leaders, Civitas has formed and renewed a majority of the nation’s TBIDs and is a proven leader in developing long-term funding solutions for destination marketing organizations, with over 150 successfully completed district formations and renewal.
The proposed, modernized TBID will be similar to the existing TBID but offers stakeholders more transparency in oversight and governance in managing the district. Under the ’94 Law, the TBID can also operate for a longer period of time, (up to 10 years after an initial 5-year term) which allows the Visit 29 Palms TBID to focus on long-term initiatives.
Contract services for this project are broken into two phases, with phase one focused on initiation and infrastructure, stakeholder education and engagement, and document preparation and revision. TBID funding to support phase one of this project was approved by the TBID Advisory Board at their March
16, 2023 meeting, and phase one work was completed in mid-June. Phase two immediately follows, with focus on document revisions, petition preparation and petition drive, and local government hearing process, and the TBID Advisory Board approved funding at their meeting on May 11, 2023.
ENVIRONMENTAL:
N/A
ALTERNATIVES:
The City Council could choose not to approve the contract and suggest an alternative.
FISCAL IMPACT:
$26,170 from the TBID Contract Services Fund.
PARTNERSHIPS • PROGRESS • PROSPERITY
1102 Corporate Way, Suite 140 • Sacramento, CA 95831 • 800-999-7781 • www.civitasadvisors.com A tourism improvement district (TID) is a stable source of funding for marketing efforts designed to increase occupancy and room rates for lodging businesses. Funds raised through a small assessment on lodging stays are used to provide services desired by and directly benefitting the businesses in the district.
What does a TID do?
TIDs can have many functions, all of which are aimed at increasing tourism. A TID’s operations are determined by the businesses funding the TID. TID activities can include print and internet advertising, visitor center operations, sales lead generation and many other marketing efforts.
Who mangages a TID?
A new non-profit corporation can be formed to manage district funds, or an existing corporation (such as a Conference and Visitor’s Bureau) can fill this role. The businesses forming the TID decide how the corporation will be structured and who will manage it.
How is a TID Funded?
TIDs are funded through an assessment on certain lodging stays. The amount of the assessment is determined by business owners at the formation of the district, within particular legal guidelines. Certain types of stays can be exempt from the assessment if they are not procured as a result of district activities. Funds raised through the assessment must be spent for the benefit of the businesses paying the assessment. Funds raised through a TID cannot be diverted to government programs.
Why should I support forming a TID?
Marketing efforts are an increasingly important aspect of maintaining a popular destination. TIDs provide stable funding for the necessary marketing to keep a destination competitive. Because TID funds are not controlled by a government entity, they cannot be subjected to the budget cuts municipalities have been forced to make.
What are the advantages of a TID?
• They provide a stable funding source for tourism promotion • They are designed and created by those who pay the assessment • They are governed by those who pay the assessment
• Funds cannot be diverted for government programs
Introduction to
Tourism Improvement Districts
PARTNERSHIPS • PROGRESS • PROSPERITY
1102 Corporate Way, Suite 140 • Sacramento, CA 95831 • 800-999-7781 • www.civitasadvisors.com There are two laws TIDs can be created under: the “Parking and Business Improvement Area Law of 1989” or the “Property and Business Improvement District Law of 1994.” To help your destination determine which is appropriate for you, following is a comparison of the major differences between the two laws.
California
Tourism Improvement Districts
SUBJECT
District Term
1994 Law
Districts are initially formed for up
to five years, and can be renewed
for up to ten years.
1989 Law
Districts are formed and renewed
for a one year term.
Initiation Process Preparation of management district
plan. Submission of petitions to the
City Council signed by businesses
who will pay at least 50% of the
proposed assessment. Adoption of
resolution by City, public meeting
and public hearing.
Adoption of a Resolution of
Intention by the City Council. The
Council can adopt this resolution
without petitions requesting it.
Renewal Process
Governing Body
Same as for Initiation Process
A non-profit corporation chosen
and organized by the stakeholders.
Approved by Council with the
adoption of the management
district plan.
Publication in newspaper, two City
hearings. If raising assessments,
three hearings and mailed notice.
An advisory board appointed by
the City Council.
Governance Process
Corporation Public Entity
Status
Lawsuits
Decisions made by the nonprofit corporation, guided by a management district plan approved
by stakeholders and the City.
Express exemption for non-profit
corporation—it is not considered a
public entity.
One thirty day challenge period per
five-ten year district term.
Recommendations made by
advisory board and decisionmaking authority.
City may consider the advisory
board to be a public entity for
certain laws.
One thirty day challenge period per
year.
’89 Law to ’94 Law TID Conversions
Revised April 2023
Destination Year Converted
Stockton 2010
Sacramento 2012
Fairfield 2013
West Hollywood 2013
Huntington Beach 2014
Lodi 2015
Richmond 2015
Carmel-by-the-Sea 2016
Palm Springs 2016
Vacaville 2016
Paso Robles 2017
Yolo County (Davis & Woodland) 2017
Monterey County 2018
Pasadena 2018
San Jose 2018
Dana Point 2019
Laguna Beach 2020
Morro Bay 2021
Santa Clara 2021
Carlsbad 2023
San Francisco Peninsula (In Process) 2023
Mendocino County (In Process) 2023
TOURISM BUSINESS IMPROVEMENT DISTRICT
CONVERSION PROPOSAL - PHASE TWO
Frank Luckino, City Manager
City of Twentynine Palms
May 10, 2023 Page 98 of 227
Dear Mr. Luckino,
It has been great working with you and Breanne on the conversion of your Tourism Business Improvement District ("TBID") from a Parking and Business Improvement Area ("89 Act Law") to a Property and Business Improvement District ("94 Act Law"). I am pleased to present to you a proposal to assist with Phase Two to convert the Twentynine Palms Tourism Business Improvement District (“TPTBID”) to the 94 Act Law. In Phase Two, Civitas will create a new nonprofit corporation that will act as the owner's association for the TPTBID.
Our process to convert the TPTBID is designed to secure significant support for the project while complying with applicable laws. In concert with the City of Twentynine Palms ("CTP"), the Civitas team will continue to guide a conversion process that includes obtaining feedback from business owners, preparing legal documents, guiding the stakeholder approval process, and attending local government hearings.
Thank you for the opportunity to submit this proposal. We look forward to working with you on this exciting project.
Best Regards,
Carson Lambeth,
Vice President of Business Development
Civitas| City of Twentynine Palms 1
Civitas| City of Twentynine Palms 2
Document Revisions
Civitas will work closely with lodging
representatives and the City to ensure
documents reflect any revisions requested.
Civitas will also work on the necessary
resolutions and notice needed for the 94 Act
Law conversion.
Petition Preparation & Petition Drive Local Government Hearing Process
SCOPE OF SERVICES & SCHEDULE
Civitas will prepare the petition to support the TPTBID conversion and work with the City on strategies to
secure signed petitions from lodging representatives.
Civitas will assist in determining steering committee
assignments and identifying key stakeholders.
Civitas will guide stakeholders and CTP through the
local government hearing process to convert the
TPTBID.
Step 1
Step 2 Step 3
PHASE TWO: TPTBID FORMATION
Civitas will schedule one (1) conference call to
discuss corporation parameters, including
Board composition, members, special meeting
procedures, director election procedures, and
the corporation's initial physical address.
Civitas| City of Twentynine Palms 3
Parameter Determination
Step 1
Based on information gathered in the initial call,
Civitas will prepare draft Bylaws and Articles of
Incorporation required to form a new corporation.
Draft documents will be submitted to the CTP for
review and revised by Civitas as necessary.
Document Preparation & Revision
Step 2 Step 3
Document Filing
Civitas will file all necessary documents to form
the corporation with the California Secretary of
State. This will include the Articles of
Incorporation and the initial Statement of
Information.
Step 4
Initial Bylaws & Board of Directors
As incorporator of the new corporation, Civitas
will adopt the initial bylaws and appoint the
initial members of the Board of Directors.
Step 5
Tax-Exempt Status
Civitas will prepare and submit all necessary forms to secure non-profit tax-exempt status for the corporation. This includes filings with the Internal Revenue Service and California Franchise Tax Board. These filings typically take six (6) to eighteen (18) months to process; Civitas will respond to any correspondence from either agency and track progress towards securing tax-exempt status.
SCOPE OF SERVICES & SCHEDULE
NON-PROFIT CORPORATION FORMATION
John Lambeth
President & CEO
Civitas is a leader in developing long term funding
solutions for Destination Marketing Organizations. It
has helped several states investigate the potential of
establishing statewide funding, in addition to assisting in the formation of an unparalleled ninety-nine TBIDs
throughout the United States. With its deep
experience and expertise, Civitas has been
commissioned by the U.S. Travel Association to conduct
nationwide studies.
Civitas also provides research, consulting, and district formation services to destinations located around the
world, including Canada, South America, Europe, and
Asia. A representative distant high-priced destination
is Japan, where Civitas clients include Nomura
Research Institute, Japan Area-Based Management
Organization Network, Japan Travel Bureau, and
Setouchi Tourism Authority. For its groundbreaking
work, Civitas has been featured in publications such as Forbes and Skift.
MEET YOUR TEAM
Civitas| City of Twentynine Palms 4
Carson Lambeth
Vice President of Business
Development
Kelly Rankin
Project Manager
Sean Pratt
GIS & Database Specialist
INVESTMENT PROVISIONS
Description Price
Professional Fees for Phase Two $18,000
Non-Profit Formation $5,000
Estimated Expenses $2,500
Total $25,500
Investment
This proposal is based on the understanding that lodging owners and the CTP will provide assistance and time needed to facilitate the process on the local level, including various database work, time devoted to outreach meetings, and gathering support from businesses. The CTP’s investment for the scope of services and timeline described herein shall be $23,000. The CTP’s investment includes one (1) trip to Twentynine Palms. If additional trips are necessary, we would be happy to make additional trips for a professional fee of $750 per trip, plus expenses.
Expenses
The CTP will be responsible for all costs and expenses in addition to the professional fees. Ordinary costs and expenses, including telephone charges, postage, and photocopying will be billed at four percent (4%) of professional fees.
Other costs, such as travel, overnight shipping, bulk mailing and printing costs (over 100 pages), non-profit filling fees shall be billed at Civitas’ actual cost.
Expenses are not expected to exceed $2,500.
Billing
Civitas proposes a fixed monthly fee of $6,000 per month for three (3) months, plus expenses. The non-profit formation costs will be invoiced when we begin work and file the Articles of Incorporation. A start-up fee of ten percent (10%) of project costs, $2,550, will be due and payable upon execution of an agreement for services between Civitas and the CTP. The amount of the start-up fee will be deducted from the final invoice, which will also be adjusted to account for the total contract price. Civitas will send the CTP a monthly invoice for fees and costs incurred. Invoices will include fixed professional fee and expenses. The basis of calculation or other methods of determining expenses will be clearly identified by item and amount.
Project Investment Overview
Civitas| City of Twentynine Palms 5
Description Price
Secretary of State $0
Articles of Incorporation filing $30
Counter filing fee $20
Statement of Information $20
Internal Revenue Service $0
Tax exempt status application $600
Total $670
Non-Profit Corporate Filing Fees
Civitas| City of Twentynine Palms 6
Business Information
The database for this project will rely on information from local government sources. Errors can and will occur in this data. While Civitas will do its utmost to identify and correct any errors, it is acknowledged that data from local government sources may contain errors. We recommend the CTP continue to pursue data correction strategies during and after conversion, including mailings and error checking by local officials.
Cost Assumptions and Guidelines
We have projected a specific amount of time for the TPTBID conversion. It is assumed that the project will not exceed the budgeted amount of time. If unanticipated matters result in additional time beyond that which has been projected, we would continue billing professional fees of $5,000 per month, plus expenses, for the project duration. Factors that could increase the scope of work and estimated costs outlined above include additional meetings not described in this proposal, analysis of additional issues above those described in this proposal, or a lack of steering committee and business owner involvement in the project.
When Civitas' services conclude, all unpaid charges will immediately become due and payable. The amount of professional fees set forth in this agreement are a fixed amount for completion of the project within a maximum three (3) month time frame. The total amount of professional fees has been divided over the maximum three (3) month time frame to determine the monthly billing amount. If the project is completed prior to the three (3) month time frame, the remaining balance of professional fees will be due and payable within thirty (30) days of project completion.
As you know, there are many unknown variables in a project of this nature.
Although we would work diligently to convert the TPTBID, factors outside Civitas and the CTP’s control could delay or thwart even the best-developed plans. We will work to minimize risks and complete the project at the earliest possible date.
The pricing and scope outlined in this agreement will expire upon sixty (60) days post delivery of this proposal.
If you would like to agree to engage our services consistent with this proposal and the following terms, please sign below.
A start-up fee of ten percent (10%) of project costs, $2,550, will be due and payable upon execution of this Agreement. Civitas will send CTP a monthly invoice for fees and costs incurred. Each invoice will be payable within thirty (30) days of its mailing date. Either CTP or Civitas shall have the right to terminate this agreement upon ten (10) days’ notice. When Civitas’ services conclude, all unpaid charges will immediately become due and payable, including the balance of any professional fees if the project is completed prior to the maximum three (3) month time frame.
Nothing in this Agreement and nothing in statements by Civitas personnel to CTP will be construed as a promise or guarantee about the outcome of the matter. Civitas makes no such promises or guarantees.
If any provision of this Agreement is held in whole or in part to be unenforceable for any reason, the remainder of that provision and of the entire Agreement will be severable and remain in effect. This Agreement may be modified by subsequent agreement of the parties only by an instrument in writing signed by both of them or an oral agreement only to the extent that the parties carry it out.
The parties agree to accept the terms and conditions herein.
City of Twentynine Palms, by
AGREEMENT
Date
Date
Civitas Advisors, by
John Lambeth,
President & CEO
Frank Luckino,
City Manager
Civitas| City of Twentynine Palms 7
Not yet accepted
Not yet accepted
SIGNATURE
Frank Luckino
STAFF REPORT
TO: City Council
FROM: Finance Director
FOR MEETING: Jun 27 2023
SUBJECT: Amendments to the City's Master Fee Schedule for FY 2023-24.
RECOMMENDATION:
The City Council approve the amendments to the City's Master Fee Schedule for FY 2023-24.
ORDER OF PROCEDURE:
Request Staff Report (Finance Director Presenting)
Council Questions of Staff
Open the Public Hearing
Receive Public Comment
Close the Public Hearing
Council Discussion
Motion/Second
Call the Question
ATTACHMENTS:
• Reso. 23-__ Master Fee
Schedule
• City Fee Schedule FY 23.24 -
with 4.6 CPI
BACKGROUND:
On May 26, 2020, the City Council approved a new fee schedule that was developed with the assistance of Wildan, the City's consultant. This new fee schedule has been in use for the last three years. City Staff applied a CPI increase of 4.6% to all the fees, with the exception of Solar Energy Fees, the sewer fee and other State/County mandated fees, to maintain the cost of providing these services.
Added Fees - Highlighted in Green
Animal Control - Disposal fee. The full cost to provide this service is $31.37, however, Staff is recommending the fee to be set at $26, which is 17% lower than the full cost.
Planning - The recommended fees below reflect the City's actual and reasonable costs of providing the service including application reviews, approvals, requests for comments, hearings, and administrative tasks.
• Administrative Use Permits (AUP): Amendment. The full cost of this amendment is $2,528.49, Staff is recommending the fee to be set at $1,000, which will cover 40% of the cost. • Extensions (Conditional Use Permit (CUP) - Minor, AUPs, Site Plan Review, and Minor Subdivision - Parcel Map): The full cost of extensions is $334.33, Staff is recommending the fee to be set at $200, which will cover 60% of the cost.
• Tract Map Amendment: The full cost of this amendment is $4,523.30, Staff is recommending the fee to be set at $4,500, which will cover 99% of the cost.
• Parcel Map Amendment: The full cost of this amendment is $1,984, Staff is recommending the fee to be set at $500, which will cover 25% of the cost.
• Development Code Amendment: The full cost of this amendment is $5,399.99, Staff is recommending the fee to be set at $4,000, which will cover 74% of the cost.
Revised Fee - Highlighted in Yellow
Planning - Administrative Use Permits. The full cost of this permit is $3,865.79, however, the current fee is only $554.81. Staff is recommending the fee to be increased to $2,000 to recover 52% of the full cost.
Removed Fee - Highlighted in Red
Planning -Regional Traffic Impact Fee, Park Impact Fee, Daily Rental, Fee per each additional housing unit. These fees are not applicable to the City.
Pursuant Proposition 218, 1) rates must be based upon the proportionate cost of providing the service and not exceed the cost of providing the service; 2) rates must be fair and equitable; and 3) a rate payer cannot subsidize another rate payer. The recommended fees identified in the Master Fee schedule are either at or less than full cost recovery. The table below shows the expenditures by department and their corresponding program revenue for FY 2023-24. As shown on this table, the program revenue is much lower than the department expenditures, which does not include other administrative costs.
FY 2023-24 Budget
Animal Control Community
Development [1]
Community
Services
Program Revenues $83,000 $883,000 $158,840
Expenditures $592,554 $1,434,028 $1,213,605
Difference $(509,554) $(551,028) $(1,054,765)
Subsidy 86% 38% 87%
[1] Includes Planning, Code Enforcement, Engineering, and Building & Safety.
ENVIRONMENTAL:
Not applicable.
ALTERNATIVES:
The City Council could choose not to approve the amendments and provide alternative direction to Staff.
FISCAL IMPACT:
The fees are intended to cover costs associated with the services provided, and have been incorporated into the FY 2023-24 General Fund budget.
CITY OF TWENTYNINE PALMS
CITY COUNCIL
RESOLUTION NO. 23-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TWENTYNINE PALMS, CALIFORNIA, AMENDING FEES FOR FISCAL YEAR 2023/2024 WHEREAS, the City of Twentynine Palms has set fees for the operation and provision of governmental services to the public; and
WHEREAS, periodically the City Council reviews the appropriateness of those fees and makes modifications when warranted based on cost of providing the services; and WHEREAS, the City Council has determined that the amended fees as set forth in the attached Fee Schedule are reflective of the cost of providing governmental services to the public.
WHEREAS, the City’s Master Fee Schedule will be adjusted by the Consumer Price Index (CPI) annually.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Twentynine Palms establishes as fees for the Fiscal Year 2023/2024 those detailed in the attached amended Fee Schedule which is incorporated as part of this resolution.
PASSED, APPROVED, AND ADOPTED by the City Council of Twentynine Palms this 27th day of June 2023.
McArthur Wright., Mayor
ATTEST:
Cindy Villescas CMC, City Clerk
I, do hereby certify that the foregoing Resolution No. 2 3 - was duly adopted by the City Council of the City of Twentynine Palms at a regular meeting thereof held on 27th day of June 2023, by the following vote:
AYES: COUNCILMEMBER:
NOES: COUNCILMEMBER:
ABSENT: COUNCILMEMBER:
ABSTAIN: COUNCILMEMBER:
Cindy Villescas CMC, City Clerk
Administration
# Description Fee
Copying and Mailing Documents
1 First 10 Pages $0.00
2 Each additional page $0.30
3 Current agendas $0.00
4 Mailing Actual Cost
5 DVD of meeting ‐ Cost per DVD $24.60
6 City Council or Planning Commission agenda subscription per calendar year (pro rated by half year only) $27.95
Miscellaneous Items
7 City Council candidate filing fee ‐ To be determined by the Registrar of Voters TBD 8 Administrative charge for refund of any fee charged by any City department $8.95 1
Finance
# Description Fee
Permits
1 Bingo ‐ annual license $171.08
2 Home Occupation Permit ‐ one time fee $79.39
Business Licenses
3 Business license application, first year license [1] $111.82 4 Business license renewal [1] $40.25
5 Business license renewal ‐ Masseuse (Grandfathered) [1] $40.25 6 Late charge for delinquent renewal $22.36
7 SB1186 Fee [2] $4.00
There is no notification of renewal. The permit holder is responsible for renewing the permit by the anniversary date.
8 Transfer of location / Business License Changes $22.36 9 Current list of business licensees (name, address and phone number) $34.66 NOTES:
[1] The four‐dollar SB1186 fee will be added to the business license fee [2] The SB1186 fee was not adjusted by CPI as this is a State mandated fee. 2
Wastewater
# Description Fee
Sewer
1 Sewer Fee ‐ Per Equivalent Dwelling Unit (1) $35.09
(1) An equivalent dwelling unit represents 175 gallons per day, the assumed flow of a single family residential development
3
Animal Control
# Description Fee
Dog
1 Altered impound fee $68.00
2 Unaltered impound fee $91.00
3 Daily board fee $17.00
4 Adoption fee (per animal) $35.00
5 Alter deposit $59.00
Cat
6 Altered impound fee $31.00
7 Unaltered impound fee $57.00
8 Daily board fee $17.00
9 Adoption fee (per animal) $31.00
10 Alter deposit $35.00
All Other Animals
Impound fee:
11 Large animals and reptiles $142.00
12 Small animals $63.00
13 After hours ‐ owned animals $57.00
Daily board fee:
14 Large animals and reptiles $46.00
15 Small animals $35.00
16 Adoption Fee $57.00
Dog License
One year:
17 Regular $46.00
18 Regular (Senior owner) $17.00
19 Altered $28.00
20 Altered (Senior owner) $11.00
Two year:
21 Regular $85.00
22 Regular (Senior owner) $31.00
23 Altered $51.00
24 Altered (Senior owner) $20.00
Three year:
25 Regular $125.00
26 Regular (Senior owner) $46.00
27 Altered $74.00
28 Altered (Senior owner) $28.00
4
# Description Fee
Month To Month
29 License Altered $5.50
30 License Unaltered $8.25
Senior Discount requires proof that owner is at least 65 years of age.
Altered Discount requires sterilization certificate. An additional $1.00 Discount will be given with proof of all vaccinations.
Penalty for late licensing:
31 First month $28.00
32 Second month $40.00
33 Third month (maximum) $51.00
Optional cat tags (one year only):
34 Regular $19.00
35 Altered $10.00
Microchip
36 Dog $28.00
37 Cat $28.00
Kennel / Cattery Licenses
Dogs ‐ Boarding:
38 5 to 20 dogs $171.00
39 21 to 60 dogs $426.00
40 61 to 150 dogs $796.00
Dogs ‐ Breeding:
41 5 to 20 dogs $341.00
42 21 to 60 dogs $682.00
43 61 to 150 dogs $1,137.00
Dogs ‐ Both:
44 5 to 20 dogs $455.00
45 21 to 60 dogs $910.00
46 61 to 150 dogs $1,364.00
Cattery:
47 5 or less cats $57.00
48 6 to 10 cats $171.00
49 11 to 20 cats $341.00
50 21 to 30 cats $682.00
Miscellaneous Fees
51 Registration fee for potentially dangerous animals $171.00 52 Registration fee for dangerous/vicious animals $512.00 53 Trap rental, per day $5.50
54 Trap Rental Deposit $57.00
55 Adoption Fee Goats, Pigs, Other Medium Livestock $85.00 56 Adoption Fee Chicken, Ducks, Guinea Pig, other small livestock $17.00 5
# Description Fee
Annual fees for animal‐related businesses:
57 Pet grooming parlor $57.00
58 Pet shop $85.00
59 Petting zoo $142.00
60 Public aquarium $57.00
61 Animal menagerie/zoo $341.00
62 Game bird farm (10 or more) $142.00
Exotic/wild animal breeding and boarding:
63 Application fee $227.00
64 Annual fee $142.00
65 Circus inspection fee $682.00
Service Charges
66 Pickup of owned animal $57.00
67 Euthanasia $85.00
68 Owner Turn in $35.00
69 Disposal [1] $26.00
Transportation of owned animal to veterinarian or animal hospital:
71 Within City limits $171.00
72 Yucca Valley $341.00
73 Indio $512.00
74 After hours (additional charge) $114.00
Ordinance 112
75 Additional Animal Entitlement Permit $142.00
76 Appeal $227.00
Animal Investigation
77 Investigation Time per hour $116.00
78 Investigation Report $163.00
Animal Quarantine
79 At Owner's Home, per day $9.00
80 Owner Turn in Non Adoptable (Euthanasia) $68.00
81 Animal Quarantine at Shelter, per day $28.00
[1] Disposal cost calculation
Cost per barrel $150.00
# of animals per barrel (average) 8
$18.75
Staff time in minutes 20
Average fully loaded hourly rate $37.85
Staff time $12.62
Full Cost $31.37
Suggested Fee $26.00
Subsidy % 17%
6
Parks & Recreation
# Description Fee
Parking Lot:
1 Deposit $123.00
2 Daily Rental $115.00
Luckie Park Activity Center and Patriotic Hall Rental ‐ Insurance is mandatory 501(C)(3) Organizations / Resident Rate
Room only:
32‐Hour minimum $46.00
4 Each additional hour $29.00
For Profit Uses
Room only:
53‐Hour minimum $85.00
6 Each additional hour $29.00
Required for All Above Rentals
7 Cleaning deposit (cash, c.c., check ‐ refundable) $140.00 8 Weekend service charge $74.00
9 Set up and take down $74.00
Coffee Pot
10 Deposit $17.00
11 Daily Rental $5.50
Podium and Sound System
12 Deposit $112.00
13 Daily Rental $45.00
Additional Microphone
14 Deposit $45.00
15 Daily Rental $28.00
7
# Description Fee
Wireless Microphone
16 Deposit $67.00
17 Daily Rental $45.00
Video Projector
18 Deposit $140.00
19 Daily Rental $84.00
DVD Player
20 Deposit $56.00
21 Daily Rental $11.00
Rectangle or Round Tables
22 Deposit $112.00
23 Daily Rental $5.50
Chairs
24 Deposit $112.00
25 Daily Rental $1.00
Time and Score Board
26 Deposit $56.00
27 Daily Rental $28.00
Fog Machine
28 Deposit $28.00
29 Daily Rental $22.00
Strobe Light
30 Deposit $28.00
31 Daily Rental $17.00
Field Chalker
32 Deposit $28.00
33 Daily Rental $11.00
8
# Description Fee
Electrical Box with One 50 foot cord
34 Deposit $280.00
35 Daily Rental $112.00
Luckie Park Swimming Pool
36 Child (2 to 17) $4.50
37 Adult $4.50
38 Senior $2.75
39 20 Use Punch Pass (one punch per person entering pool) $40.25 40 Adult Lap Swim Pass $34.50
Private swim party (including City lifeguards)
41 Deposit to hold reservation $140.00
42 1 to 50 persons $79.00
43 51 to 75 persons $91.00
44 76 to 100 persons $102.00
Softball and baseball fields
Tournaments Non‐Profit/Residential Rate
45 Per field per day $40.00
46 Lights, north & south fields, per hour $40.00
47 Chalk ‐ per bag $23.00
48 Base Deposit $129.00
Tournaments For Profit
49 8 hours 2 fields includes one time field prep and bases per field $504.00 50 Lights Per Field per Hour $40.00
51 Base Deposit $129.00
Internet Registration
52 Convenience Fee $1.00
9
# Description Fee
Parks & Recreation Program Fee Schedule
53 Volleyball $53.00
54 Soccer $53.00
55 Basketball $53.00
56 Flag Football $53.00
Adult Softball
57 Softball Team Fee $447.00
Summer Day Camp Program
58 Ten‐Week Program (Per Child) $671.00
Adult Kickball
59 Per Team Fee $252.00
Swim Lessons
60 8 Classes per 2 week session $46.00
Classes
61 Martial Arts One Class per Week Fees determined by the instructors
62 Martial Arts Two Classes per Week Fees determined by the instructors
63 Martial Arts Three Class per Week Fees determined by the instructors
64 Dance Classes One Class Per Week Fees determined by the instructors
65 Fitness Class One Class per Week $42.00
66 Fitness Class Two Classes per Week $68.00
67 Fitness Class Three Classes per Week $84.00
Luckie Park and Knott Sky Park Picnic Shelter Rental
68 Rotary Shelter (Entire shelter, whole day, sections not allowable) $141.00 69 Center shelter North side of pool (entire shelter, whole day) $51.00 70 Ballfield shelter (Entire shelter, whole day, sections not allowable) $102.00 71 Knott Sky Park shelter (Entire shelter, whole day, sections not allowable) $130.00 10
# Description Fee
72 Special group events (Soccer Fields/Open grass areas at Luckie & Knott’s Parks) $102.00
73 Lights for special group events (per hour) $40.00
Twentynine Palms Community Center ‐ Insurance is mandatory Gymnasium
74 Gymnasium Rental (First 2 hours of rental) $350. $366.00 75 Each additional hour $95.00
76 Cleaning deposit (cash, c.c., check ‐ refundable) $131.00 Freedom Plaza Stage/Courtyard
77 Freedom Plaza Stage/Courtyard Rental (Flat Fee up to 8 hours) $126 per area.
$132.00
11
Planning
# Description Fee
Development impact fees:
1 Curb, gutter and sidewalk ‐ per linear foot (not to exceed $11,250 per lot) [1] $87.22 Regional Traffic Impact Fee
Park Impact Fee
MAJOR PERMITS
Conditional Use Permit (CUP) ‐ Major
Commercial/industrial/institutional/other:
2 New Structure and Site Plan $3,980.70
3 Fee per each additional acre or part thereof $136.42
Residential:
Daily Rental $2,826.44
Fee per each additional housing unit $130.42
Conditional Use Permit (CUP) ‐ Minor
4 Existing building, liquor license $727.93
Amendment to CUP:
5 Amendment to a Major CUP $637.36
6 Amendment to a Minor CUP $370.12
7 Extension [3] $200.00
Surface mining permit ‐ if subject to Surface Mining Reclamation Act (SMARA):
8 Application (Deposit) $11,371.83
9 Annual inspection fee Actual Cost
Administrative Use Permits (AUP)
10 Administrative Use Permits (AUP) [3] $2,000.00
11 Amendment [3] $1,000.00
12 Extension [3] $200.00
Site Plan & Design Review
13 Planning Commission approval $1,137.18
14 Additional per acre or part thereof $136.42
Amendment to Site Plan Review
15 Minor Amendment ‐ Community Development Review $370.12 16 Major Amendment ‐ Planning Commission $580.33
17 Extension [3] $200.00
18 Development Code Amendment [3] $4,000.00
General Plan Amendment
19 Application $8,699.39
20 Additional per acre or part thereof $136.42
Map Amendment (Rezoning)
21 Application $3,411.55
22 Additional fee per each parcel $136.42
Specific Plans
23 Amendment $3,411.55
New Specific Plan
24 Application $9,666.61
25 Additional per acre or part thereof $136.42
12
# Description Fee
Planned Development
26 Planned Unit Development $11,371.83
27 Development Agreement (Deposit) $5,685.91
Major subdivision ‐ Tract Map
28 Application (Five or more parcels) $10,803.80
29 Additional per lot $130.83
30 Amendment [3] $4,500.00
31 Extension of time for an approved subdivision map $455.10 Minor Subdivision ‐ Parcel Map
32 Minor subdivision (Four or fewer parcels) $1,137.18
33 Amendment [3] $500.00
34 Extension [3] $200.00
Lot Merger
35 Two lots $409.25
36 Per each lot in excess of two $24.60
Pre‐Application for Development Projects
37 Pre‐application review (Planning Staff only) $0.00
38 Pre‐application review (with review agencies in attendance) $580.33
MINOR PERMITS
39 Transient Sellers/Peddlers/Solicitors/Street Vending/Food Truck Permit $171.08 40 Sign Permits $84.98
41 Film Permit Private Property Only $130.83
42 Fee per day ‐ Private Property Only $51.44
43 Film Permit Public Property Involved $414.84
44 Fee per day ‐ Public Property Involved $51.44
45 Temporary Use Permit (TUP) ‐ Private Property Only $153.19 46 Temporary Use Permit (TUP) ‐ Public Property $375.71 47 Administrative Cargo Container Review $108.46
Vacation Home Rental
48 Application(2) $313.80
49 Application Renewal(2) $313.80
50 VHR Owner Contact Sign $57.03
51 Appeal $341.04
Variances and Exceptions
52 Variance ‐ Planning Commission action (50% or less) $2,388.42 53 Variance ‐ City Council action (51% or more) $4,093.64 54 Minor Exception (10% or less) $363.41
Environmental (CEQA) Review
55 CEQA Exemption (Processing Fee Only ‐ No Study) $341.04 56 Negative declaration (Review Fee) $1,819.27
57 Mitigated negative declaration (Review Fee) $3,525.60 58 Environmental Impact Report Review $9,097.46
Historical Designation
59 Application for Historical Landmark or Structure of Merit designation $580.33 60 Applicaton for Preservation District or Neighborhood Conservation District $1,251.24 61 Additional fee per parcel within district $51.44
62 Permit for site or structural alteration $204.63
13
# Description Fee
Miscellaneous
63 Appeal $569.15
64 Letter of Public Convenience and Necessity $182.26
65 Reasonable Accommodation $0.00
66 Similar Use Determination ‐ Planning Commission Review $363.41 67 Noticing of Adjacent Property Owners $114.05
68 Extensions of Permits $108.46
Adult oriented business:
69 Application $3,411.55
70 Annual renewal $398.07
Reproduction ‐ Code and Maps
71 Development Code (Copy) $51.44
72 General Plan Land Use map ‐ full size $24.60
73 General Plan (Copy) $51.44
74 Custom Vicinity Map ‐ General Plan land use map ‐ per 8.5 X 11 sheet $24.60 [1] To be replaced by DIF when adopted
[2] This amount reflects the City's actual and reasonable costs of issuing permits and administering the program, including the costs associated with searching for unpermitted vacation rentals, compliance hotline, tax collection/remittance, compliance auditing, reporting, reviewing permit applications and issuing permits, and police and code compliance responses. [3] See attachment "A" for breakdown of fee costs.
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ATTACHMENT A
Administrative Use Permit (AUP) Hours Assistant Planner Hours Director Full Cost Suggested Fee Subsidy % $ 188.21 292.23$
Request for Comments 0.50 $ 94.11
Application/Plan Review 3.00 $ 564.63 1.50 438.35$
Complete/Addt Materials Letter 1.00 $ 188.21 0.50
Staff Report 5.00 $ 470.53 2.00 584.46$
Conditions of Approval 2.00 $ 376.42 1.00 292.23$
Notice of Pending Decision 0.50 $ 94.11
300' Radius 1.00 $ 188.21
Notice of Exemption 0.50 $ 94.11
Notice of Action 0.50 $ 94.11
300' Notice of Action 0.50 $ 94.11
Total 14.50 $ 2,258.52 5.00 1,607.27$ 3,865.79$ $ 2,000.00 48% AUP Amendment Hours Assistant Planner Hours Director
$ 188.21 292.23$
Request for Comments 0.50 $ 94.11
Application/Plan Review 2.00 $ 376.42 1.00 292.23$
Complete/Addt Materials Letter 0.50 $ 94.11
Staff Report 2.00 $ 188.21 1.00 292.23$
Conditions of Approval 1.00 $ 188.21 0.50 146.12$
Notice of Pending Decision 0.50 $ 94.11
300' Radius 1.00 $ 188.21
Notice of Exemption 0.50 $ 94.11
Notice of Action 0.50 $ 94.11
300' Notice of Action 0.50 $ 94.11
Total 9.00 1,505.68 $ 2.50 1,022.81$ 2,528.49$ $ 1,000.00 60% Extension Hours Assistant Planner Hours Director
$ 188.21 292.23$
Project Review 0.50 $ 94.11 0.25 73.06$
Notice of Action 0.50 $ 94.11 0.25 73.06$
Total 1.00 $ 188.21 0.50 146.12$ 334.33$ $ 200.00 40% 15
ATTACHMENT A
Tract Map Amendment Hours Assistant Planner Hours Director $ 188.21 292.23$
Request for Comments 0.50 $ 94.11
Application/Plan Review 3.00 $ 564.63 2.00 584.46$ Complete/Addt Materials Letter 1.00 $ 188.21 0.50 146.12$ Staff Report 4.00 $ 376.42 2.00 584.46$ Conditions of Approval 2.00 $ 376.42 1.00 292.23$ Notice of Hearing 0.50 $ 94.11 0.25 73.06$ 300' Radius 1.00 $ 188.21
Notice of Exemption 0.50 $ 94.11
Planning Commission 1.00 $ 188.21 1.00 292.23$ Notice of Action 0.50 $ 94.11
Total 14.00 2,258.52 $ 6.75 2,264.78$ 4,523.30$ $ 4,500.00 1% Parcel Map Amendment Hours Assistant Planner Hours Director $ 188.21 292.23$
Request for Comments 0.50 $ 94.11
Application/Plan Review 1.00 $ 188.21 0.50 146.12$ Complete/Addt Materials Letter 0.50 $ 94.11 0.25 73.06$ Staff Report 2.00 $ 188.21 1.00 292.23$ Conditions of Approval 0.50 $ 94.11 0.50 146.12$ 300' Radius 1.00 $ 188.21
Notice of Exemption 0.50 $ 94.11
Notice of Action 0.50 $ 94.11
Total 6.50 1,035.16 $ 2.25 949.75$ 1,984.90$ $ 500.00 75% Dev Code Amendment Hours Assistant Planner Hours Director $ 188.21 292.23$
Request for Comments 0.50 $ 94.11
Application/Plan Review 3.00 $ 564.63 3.00 876.69$ Complete/Addt Materials Letter 1.00 $ 188.21 0.50 146.12$ Staff Report 3.00 $ 282.32 3.00 876.69$ Conditions of Approval 2.00 $ 376.42 1.00 292.23$ Notice of Hearing 0.50 $ 94.11 0.25 73.06$ 300' Radius 1.00 $ 188.21
CEQA 1.00 $ 188.21 1.00 292.23$
Planning Commission 1.00 $ 188.21 1.00 292.23$ Notice of Action PC 0.50 $ 94.11
CC Staff Report 2.00 $ 376.42 2.00 584.46$ Total 15.50 $ 2,258.52 9.75 3,141.47$ 5,399.99$ $ 4,000.00 26% 16