City Council Subcommittee Agendas and Minutes

CITY COUNCIL LEGISLATIVE SUBCOMMITTEE 1:00 pm Wednesday, July 1, 2020 The Legislative Subcommittee meeting scheduled for Wednesday, July 1, 2020 at 11:00 am has been CANCELLED and rescheduled to 1:00 pm Wednesday, July 1, 2020. PLEASE NOTE: The Wednesday, July 1, 2020 Legislative Subcommittee meeting will be conducted pursuant to the California Executive Order N-29-20. Location: The meeting will be held via teleconference and subcommittee members will participate via teleconference. Those locations are not listed on agenda and are not accessible to the public. The following Legislative Subcommittee members are listed to permit them to appear electronically or telephonically, at the Legislative Subcommittee meeting on Wednesday, July 1, 2020: Vice Mayor Liz Gibbons and Councilmember Anne Bybee. Those members of the public wishing to participate are asked to register in advance at: https://us02web.zoom.us/webinar/register/WN_odJzAn5- TP29Q2UTYAxDgA After registering, you will receive a confirmation email containing information about joining the meeting. AGENDA CALL TO ORDER 1. Review and Discuss Proposed Legislation a. Cities Association List of Priority Legislative Bills Bill Subject SB 1120 Subdivisions: tentative maps. SB 899 Planning and zoning: housing development: higher education institutions, nonprofit hospitals, or religious institutions. SB 795 Economic development: housing: workforce development: climate change infrastructure. SB 902 Planning and zoning: housing development: density. SB 1085 Density Bonus Law: qualifications for incentives or concessions: student housing for lower income students: moderate-income persons and families: local government constraints  SB 995 Environmental quality: Jobs and Economic Improvement Through Environmental Leadership Act of 2011: housing projects. SB 1385 Local planning: housing: commercial zones. AB 2580 Conversion of motels and hotels: streamlining. SB 1431 – Ballot Property taxation: reassessment: disaster relief. Reclaiming $12 Measure: Schools & billion per year for K-12 schools, community colleges and local Communities First communities b. League of California Cities May 2020 Bills of Interest List (attached) ORAL REQUESTS ADJOURN Distribution: City Council City Manager  May 2020 Bills of Interest List Environmental Quality Climate Change: AB 3256 (E. Garcia) Climate Risks: Bond Measure This measure is the vehicle for the Assembly’s climate resiliency bond measure. This measure would enact the Wildfire Prevention, Safe Drinking Water, Climate Resilience, Drought Preparation, and Flood Protection Bond Act of 2020. If approved by the voters, would authorize a $6.980 billion bond for a wildfire prevention, safe drinking water, climate resilience, drought preparation, and flood protection program. The Legislature has until June 25 to place this bond measure on the November 2020 ballot. League Position: Watch SB 45 (Allen) Wildfire Prevention, Safe Drinking Water, Drought Preparation, and Flood Protection Bond Act of 2020 This measure is the vehicle for the Senate’s climate resiliency bond measure. This measure would authorize the issuance of $5.51 billion in bonds for wildfire prevention, safe drinking water, drought preparation, and flood protection programs. The Legislature has until June 25 to place this bond measure on the November 2020 ballot. League Position: Watch Emergency/Disaster Preparedness and Response: AB 2178 (Levine) Emergency Services This measure would amend the California Emergency Services Act to additionally include deenergization, defined as a planned public safety power shutoff, within those conditions constituting a state of emergency and a local emergency. Similar to SB 862 (Dodd). League Position: Pending SB 378 (Wiener) Electrical Corporations: Deenergization Events: Procedures: Allocation of Costs: Reports This measure requires electrical corporations, such as Pacific Gas and Electric; Southern California Edison; and San Diego Gas and Electric; to collect more data on their electrical corporation equipment and ensure that costs accrued by local governments and customers during a utility-initiated power shutoff are recovered in a timely manner. This measure also establishes a civil penalty imposed on electrical corporations during a de-energization event as determined by the California Public Utilities Commission (CPUC). Electrical corporations must also notify cities and counties as early as possible of any utility-initiated power shutoff, and provide all specific local information. League Position: Support SB 862 (Dodd) Planned Power Outage: Public Safety This measure would do the following: ● Amend the California Emergency Services Act to additionally include a deenergization event within a sudden and severe energy shortage constituting a state of emergency and a local emergency; ● Require an electrical corporation, as a part of its wildfire mitigation plan, to include protocols that deal specifically with access and functional need individuals, including those individuals who are enrolled in the California Alternative Rates for Energy program; ● Require an electrical corporation to coordinate with local governments in its service territory to identify sites within those jurisdictions where community resource centers can be established and operated during a deenergization event and the level of services that will be available at those centers. ● Require the electrical corporation to perform additional duties in coordination with local governments, including performing any necessary electrical upgrades to ensure that a mobile backup generator can be located at, and provide the necessary electricity for, the community resource center during a deenergization event; and ● Is similar to AB 2178 (Levine). League Position: Pending SB 1099 (Dodd) Emergency Backup Generators: Critical Facilities: Exemption This measure would require air districts to adopt a rule, or revise its existing rules, to allow critical facilities with a permitted emergency backup generator to use that emergency backup generator during a deenergization event or other loss of power, and to test and maintain that emergency backup generator without having that usage, testing, or maintenance count toward that emergency backup generator’s time limitation on actual usage and routine testing and maintenance. This measure would prohibit air districts from imposing a fee on the issuance or renewal of a permit issued for those critical facility emergency backup generators. This measure is sponsored by CMUA. League Position: Pending SB 1215 (Stern) Electricity: Microgrids: Grant Program This measure would do the following: ● Establish the Local Government Deenergization Event Resiliency Program, to be administered by Cal OES, to support state and local government efforts to enhance public safety, protect vulnerable populations and individuals, and improve resiliency in response to deenergization events; ● Establish the Local Government Deenergization Event Resiliency Fund and would continuously appropriate the moneys in the fund for specific expenditures; ● Transfer an unspecified sum from the General Fund to the fund; ● Allocate unspecified sums from the fund to local governments, joint powers authorities, and special districts for various purposes relating to microgrid projects; ● Requires Cal OES to offer planning grants and technical assistance to local governments to assist in identifying microgrid projects within their jurisdictions, as  provided, and would require an identified microgrid project to satisfy specified requirements; and ● Require the CPUC to collect and make publicly accessible a statewide database of critical facilities and critical infrastructure, and related critical circuits, and identify whether it serves a high fire-threat district or vulnerable transmission area. League Position: Pending Energy and Utilities: SB 1312 (McGuire) Electrical Corporations: Deenergization This measure would create a framework to shorten and decrease utility initiated power shutoff events and to ultimately reduce their use. This measure also requires Investor Owned Utilities (IOUs) to take both short and long-term steps to harden their infrastructure and reduce the impacts of PSPS events on Californians. In doing so, it requires IOUs to prioritize public health and safety as well as uphold the belief that Californians today should have the right to reliable electrical service. League Position: Pending Solid Waste and Recycling: SB 54 (Allen)/AB 1080 (Gonzalez) Solid Waste: Packaging and Products These identical measures would direct the California Department of Resources Recycling and Recovery (CalRecycle) to establish a comprehensive framework to address plastic pollution and waste by: ● Adopting regulations by January 1, 2024 that require producers, which includes the people who manufacture single-use packaging or priority single use products, to achieve a 75 percent reduction of waste generated from single-use packaging and priority single-use plastic products in the California market by 2030; ○ “Single-use packaging” means the packaging of a product when the packaging is routinely recycled, disposed of, or discarded after its contents have been used or unpackaged, and is typically not refilled; and ○ “Priority single-use plastic products” are defined as single-use food service ware, including plates, bowls, cups, utensils, stirrers, and straws. ● Requiring producers to source reduce single-use packaging and priority single- use products to the maximum extent feasible; ● Requiring producers to make single-use packaging and priority single-use products recyclable or compostable by 2030; and ● Developing criteria, via an implementation plan with stakeholder input, to determine which packaging materials qualify to be labeled as recyclable or compostable. This implementation plan will also include the development of incentives and policies to encourage in-state manufacturing using recycled material generated in California as a way to shift towards a more circular economy. League Position: Support Water: SB 1044 (Allen) Firefighting Equipment and Foam: PFAS Chemicals This measure, commencing January 1, 2022, would require any person, including a manufacturer, that sells firefighter personal protective equipment to any person or public entity to provide a written notice to the purchaser at the time of sale if the firefighter personal protective equipment contains perfluoroalkyl and polyfluoroalkyl substances (PFAS). This measure would also, commencing January 1, 2022, prohibit a manufacturer of class B firefighting foam from manufacturing, or knowingly selling, offering for sale, distributing for sale, or distributing for use in this state class B firefighting foam to which PFAS chemicals have been intentionally added. League Position: Pending Community Services Disaster Preparedness and Community Resiliency: AB 2054 (Kamlager) Emergency Services: Community Response: Grant Program This measure would enact the Community Response Initiative to Strengthen Emergency Systems Act or the C.R.I.S.E.S. Act. This act would do the following: ● Create, implement, and evaluate the C.R.I.S.E.S. Act Grant Pilot Program; ● Require Cal OES to establish rules and regulations for the act to make grants to community organizations operating in a minimum of 10 cities, counties, over 3 years, to expand the participation of community organizations in emergency response for specified vulnerable populations. ● Require a community organization receiving funds to use the grant to stimulate and support involvement in emergency response activities; ● Require the director of Cal OES to not use more than 5% of the moneys to assemble staff and resources to carry out certain duties in support of the program; ● Require Cal OES to support an 11-member C.R.I.S.E.S. Advisory Committee, selected by the Governor, the Chair of the Senate Rules Committee, and the Speaker of the Assembly to be inclusive of community organizations with a proven history of leadership and partnership on emergency response. The committee would establish grant application criteria and parameters for eligible community organizations, review and decide upon grant proposals, ensure grants are adhering to standards, and make recommendations to the office; ● Establish the Community Response Initiative to Strengthen Emergency Systems Act Fund to support of the program, to be administered by the director of Cal OES; and ● Require that the act be implemented only if appropriate funding is made available to Cal OES, which would make such a determination to be published on its internet website. League Position: Watch AB 2064 (Patterson) Emergency Preparedness: Access and Functional Needs This measure would amend the California Emergency Services Act to require Cal OES to include best practices in the next update of the existing State Emergency Plan. This measure also requires Cal OES to develop and update annually, in coordination with organizations the access and functional needs population, a guidance document for local governments based on a review of recent emergency and natural disaster incidents and what did or did not go well in the response efforts. The measure would also require Cal OES to review the emergency plans of all local governments to determine if they are consistent with the proposed best practices provisions and, upon request by a local government, provide necessary technical assistance to that local government. League Position: Pending AB 2213 (Limon) Office of Emergency Services: Model Guidelines This measure requires the California Office of Emergency Services (Cal OES) to develop model guidelines for local governments and other local entities active in disasters to identify, type, and track community resources that could assist in responding to or recovering from disasters. League Position: Watch Tobacco, E-Cigarettes, and Vaping: SB 793 (Hill) Flavored Tobacco Products This measure would prohibit a tobacco retailer from selling, offering for sale, or possessing with the intent to sell or offer for sale, a flavored tobacco product. The measure would make a violation of this prohibition an infraction punishable by a fine of $250 for each violation. This measure would also state the intent of the Legislature that these provisions not be construed to preempt or prohibit the adoption and implementation of local ordinances related to the prohibition on the sale of flavored tobacco products. League Position: Watch Public Safety AB 2094 (Jones-Sawyer D) Cannabis: facilities used for unlawful purposes. Would authorize a licensing authority under MAUCRSA to impose an administrative fine of up to $50,000 per violation against a person who violates the prohibition on renting, leasing, or making available a building, room, space, or enclosure for the purpose of unlawfully manufacturing, distributing, or selling cannabis. The bill would make each day the violation continues a separate violation for this purpose. League Position: Watch AB 2122 (Rubio, Blanca D) Unlawful cannabis activity: enforcement. Would impose a civil penalty on persons aiding and abetting unlicensed commercial cannabis activity of up to $30,000 for each violation. The bill would prohibit an action for civil penalties brought against a person pursuant to MAUCRSA from commencing unless the action is filed within 3 years from the first date of discovery of the violation by a licensing authority or a participating agency, whichever is earlier or earliest. League Position: Support AB 2236 (Gabriel D) Peace officer training: hate crimes. Current law requires the Commission on Peace Officer Standards and Training (POST) to develop and implement a course of instruction and training for specified peace officers on the topic of hate crimes. Current law requires that training to be implemented into the basic course and requires, as specified, all state and local law enforcement agencies to provide the training to all peace officers they employ. This bill would require the basic course curriculum on the topic of hate crimes to include the viewing of a specified video course developed by POST. The bill would also require POST to make the video available via the online learning portal, and would require all peace officers to view the video no later than January 1, 2022. League Position: Watch AB 2421 (Quirk D) Land use: permitting: wireless communications. Would, until January 1, 2024, require local agencies to adopt specified approval procedures for an application to install an emergency standby generator that meets specified standards, within the physical footprint of a macro cell tower site. Specifically, the bill would require a local agency that receives a completed permit application to install an emergency standby generator that meets specified requirements to approve or deny the application within 60 days of submittal of the application. League Position: Pending AB 2481 (Lackey R) Sexual assault forensic evidence: testing. Would require law enforcement agencies, for any sexual assault forensic evidence received by the law enforcement agency prior to January 1, 2016, to submit that evidence to the crime lab on or before January 20, 2021. The bill would additionally require the crime labs, for any sexual assault forensic evidence received by the lab prior to January 1, 2016, to process that evidence no later than May 20, 2021. Because this bill would impose a higher level of service on local law enforcement agencies in processing that evidence, it would impose a state-mandated local program. League Position: Watch AB 2532 (Irwin D) Firearms: gun violence restraining orders. Current law, commencing on September 1, 2020, authorizes specified individuals, including a law enforcement officer, or a family member, employer, or coworker of a person, to petition the court to issue an order restraining that person from possessing a firearm, as specified, or to petition the court for the renewal of such an order. This bill would add a district attorney to the list of persons authorized to request the issuance or renewal of these orders. League Position: Watch AB 2617 (Gabriel D) Firearms: prohibited persons. Under current law, a person who owns or possesses a firearm or ammunition with the knowledge that they are prohibited from doing so by a gun violence restraining order is guilty of a misdemeanor and shall be prohibited from having custody or control of, owning, purchasing, possessing, or receiving, or attempting to purchase or receive, a firearm or ammunition for a 5-year period, commencing upon the expiration of the existing gun violence restraining order. This bill would specify that this offense also applies to persons who are subject to a gun violence restraining order, as described, issued by an out-of-state jurisdiction. League Position: Watch AB 3330 (O'Donnell D) Cannabis: advertising and marketing: penalties Would prohibit a person, as defined, from collecting a fee or any other form of compensation for advertising or marketing the sale or provision of cannabis or cannabis products, unless the sale or provision is done in compliance with MAUCRSA. The bill would also prohibit the completion, initiation, or facilitation of the sale or provision of cannabis or cannabis products unless the sale or provision is in compliance with MAUCRSA. The bill would make a violation of these provisions a public nuisance and subject a person in violation of these provisions to a criminal penalty and a civil penalty of up to $30,000, as provided. League Position: Pending Support SB 909 (Dodd D) Emergency vehicles. Current law prohibits any vehicle, other than an authorized emergency vehicle, from being equipped with a siren. Current law requires an emergency vehicle to be equipped with a siren that meets requirements set forth by the Department of the California Highway Patrol. This bill would authorize an emergency vehicle to be equipped with a “hi-lo” audible warning sound and would authorize the “hi-lo” to be used solely for the purpose of notifying the public of an immediate need to evacuate. This bill contains other current laws. League Position: Pending Revenue & Taxation AB 1860 (Santiago) Local Government Finance. Special Taxes. Homeless Housing and Services. This measure would authorize a local government to impose, extend, or increase a sales and use tax or transactions and use tax that would exceed a combined rate of 2% if the revenue is used for the purposes of funding homeless housing and services. The new tax would be subject to a majority vote of the electorate of the local government voting on the proposition and a 2/3 vote of the governing board of the local government. League Position: Watch AB 2013 (Irwin) Property Taxation. New Construction. Damaged or Destroyed Property. This measure would authorize the owner of property substantially damaged or destroyed by a disaster, as declared by the Governor, to apply the base year value of that property to replacement property reconstructed on the same site of the damaged or destroyed property within five years after the disaster if the reconstructed property is comparable to the substantially damaged or destroyed property. The measure defines "substantially equivalent" as up to 120 percent of size or value of the pre-damaged improvements. This creates a safe harbor of within 120 percent of size or value. Anything over 120 percent would be assessable as new construction. The measure retroactively to apply to real property damaged or destroyed by misfortune or calamity on or after January 1, 2017. League Position: Watch AB 2570 (Stone, Mark) False Claims Act. This measure would bolster state and local tax enforcement efforts by allowing authorities to pursue false tax claim actions based on credible information provided by whistleblowers under the California False Claims Act (Act). Under AB 2570, the Act will protect whistleblowers of tax fraud and improve the collection of public funds. League Position: Support AB 3349 (Cervantes) Sales and Use Taxes. Exemptions: Breast Pumps and Related Supplies. This measure, on and after January 1, 2022, and before January 1, 2027, would exempt sales taxes on the purchase of breast pumps, breast pump collection and storage supplies, breast pump kits, and breast pads. League Position: Watch SB 1067 (Moorlach) Local Agencies. Refunding Bonds. Pension Obligations. This measure would require that refunding bonds to be used to refund pension obligation bonds with specified characteristics be approved by 55 percent of the voters of the local agency voting on the proposition that authorizes the indebtedness. League Position: Watch SB 1072 (McGuire) Local Agencies. Transient Occupancy Taxes. Online Short- Term Rental Facilitator. Collection. This measure would authorize a local agency to enact an ordinance exclusively delegating its authority to collect any transient occupancy tax imposed by that local agency on short-term rentals to the California Department of Tax and Fee Administration and to enter into a contract with the department to perform all functions incident to the collection and administration of any transient occupancy tax imposed on a short-term rental. League Position: Take to Policy Committee SB 1319 (Bates) Property Taxation. Change in Ownership. This measure would further clarify a “change in ownership” of commercial property to include when at least 90 percent of direct or indirect ownership interests in a legal entity are sold or transferred in a single transaction. This clarification would improve property tax collection and reduce the number of new owners of commercial property that evade reassessment of their properties. League Position: Pending Support SB 1386 (Moorlach) Local Government. Assessments, Fees, and Charges. Water. This measure would clarify that “water” for purposes of the Proposition 218 Omnibus Implementation Act also includes the public fixtures, appliances, and appurtenances connected to an above-described system of public improvements intended to provide for the production, storage, supply, treatment, or distribution of water from any source. By doing so this measure would protect fire hydrant system funding while preventing additional costs and financial burdens to individual fire protection agencies League Position: Watch SB 1431 (Glazer) Property Taxation. Reassessment. Disaster Relief. This measure would require county assessors to reassess certain types of properties based on their ability to generate income from renters during the COVID-19 emergency. This measure would be retroactive to April 5, 2020. League Position: Watch SB 1441 (McGuire) Local Prepaid Mobile Telephony Services Collection Act. This measure would remove the sunset on local governments’ ability to collect Utility User Taxes (UUTs) from retail sales of prepaid wireless telecommunication products and services and would assist the California Department of Tax and Fee Administration (CDTFA) with administration of the program. League Position: Support Transportation, Communications, Public Works AB 429 (Nazarian) Seismically Vulnerable Buildings: Inventory. This measure would require the Alfred E. Alquist Seismic Safety Commission to identify funding and develop a bidding process for hiring a third party contractor to develop a statewide inventory and/or survey of potentially seismically vulnerable buildings in 29 of California’s counties that are particularly prone to seismic activity. League Position: Support AB 1112 (Friedman) Shared Mobility Devices: Local Regulation. This measure would prohibit local governments from requiring individual trip data from shared mobility device providers (such as Lime and Bird) as a condition of an agreement to operate within the jurisdiction. The type of data that can be required by local governments is further limited by the bill’s various definitions of data, including: ● “Aggregated Data” – data that relates to groups of trips, from which start points, stop points, routes, and times of individual trips have been removed and that cannot be used, or combined with other information to isolate details of an individual trip. ● “Deidentified Data” – data that cannot reasonably identify, relate to, describe, be capable of being associated with, or be linked, directly or indirectly, to a particular user. League Position: Oppose AB 1286 (Muratsuchi) Shared Mobility Devices: Agreements. This measure would prohibit shared mobility device providers (such as Lime and Bird) from waiving the legal rights and remedies of their users, require them to maintain general liability insurance coverage, and have prior authorization from the jurisdictions in which they wish to operate. The bill also requires local governments that authorize the deployment of these devices within their jurisdiction to adopt operation, parking, and maintenance rules through ordinance, agreement, or permit terms. League Position: Support/Co-Sponsor with the Consumer Attorneys of California AB 2421 (Quirk) Land Use: Permitting: Wireless Communications. This measure would require local agencies to adopt completed permit applications to install an emergency standby generators within the physical footprint of a macro cell tower site within 60 days of submittal of the application. If a local agency has not approved or denied such permit applications within 60 days, the permit will be deemed approved. League Position: Concerns AB 2730 (Cervantes) Access and Functional Needs: Local Government: Agreement for Emergency Management, Transportation, and Paratransit Services. This measure would require a county, including a city and county, to enter into an agreement with an adjacent county for emergency management and transportation services in the event of an emergency that requires the evacuation and relocation of the access and functional needs population in the adjacent county. League Position: Watch AB 3116 (Irwin) Mobility Devices: Personal Information. This measure limits the type of data local agencies receive from mobility service providers, operating in their jurisdictions, to aggregated deidentified data. The bill would authorize a public agency to share anonymized trip data with a contractor, agent, or other public agency only if specified conditions are met. AB 3116 is not limited to data for micromobility, but also future modes of transit. ● “Aggregated” – Data reflects average information, including trip length, trip duration, approximate trip, and location of no less than five separate trips by no less than five separate users. ● “Deidentified” – Information that cannot reasonably identify, relate to, describe, be capable of being associated with, or be linked, directly or indirectly, to a particular user or trip. League Position: Oppose AB 3277 (Jones-Sawyer) Parking Penalties. Collection. This measure would increase the total amount of unpaid parking tickets that can be paid in installments from $300 to $750 and extend the amount of time they can be paid from 18 months up to 30 months. League Position: Watch SB 794 (Jackson) Emergency Services: Telecommunications. This measure would authorize cities to enter into agreements with their own social services departments and/or public utility or to utilize its own records to automatically enroll their residents into the city or county-operated public emergency warning system. The measure requires local governments that exercise this authority to provide an opt- out for residents that do not wish to be enrolled in the system. League Position: Support SB 865 (Hill) Excavations: Subsurface Installations. This measure would strengthen safe excavation practices by increasing collaboration between excavators and operators, requiring data sharing amongst key stakeholders, and moving the Dig Safe Board to the Office of Energy Infrastructure Safety. Entities that violate the requirements of SB 865 will face civil penalties. The funds collected through these penalties will be deposited into the Safe Energy Infrastructure and Excavation Fund to fund public education and outreach programs designed to promote excavation safety around subsurface installations. League Position: Support SB 1058 (Hueso) Communications: Moore Universal Telephone Service Act and Internet Service Providers. This measure would require the California Public Utilities Commission (CPUC) to evaluate the extent to which federal reductions in lifeline telephone service subsidies and the lack of access to reliable, affordable broadband voice service would result in rates limiting access to basic voice service. This bill would also require the commission to direct every internet service provider, to file an annual emergency operations plan. League Position: Watch SB 1130 (Gonzalez) Telecommunications: California Advanced Services Fund This measure would require the California Public Utilities Commission (CPUC) to develop, implement, and administer the California Advanced Services Fund program to encourage deployment of 21st century-ready communications. The bill would provide that the goal of the program is to approve funding for infrastructure projects that will provide high-capacity, future-proof infrastructure to unserved areas or unserved high- poverty areas. League Position: Watch SB 1238 (Hueso) Road Project Contracts: Preference: Recycled Plastics. Would require the Department of Transportation to conduct a study to determine if including recycled plastics in asphalt used for a construction and repair project of a state highway is feasible. The bill would declare it to be the goal of the state that, by 2045, the department and each local agency use asphalt that includes recycled plastics in every construction or repair project of a local road or state highway that will use asphalt. League Position: Watch Governance, Transparency, and Labor Relations AB 196 (Gonzalez) Workers’ Compensation. COVID-19. Essential Occupations and Industries. This measure would define “injury,” for certain employees who are employed in an occupation or industry deemed essential in the Governor’s Executive Order of March 19, 2020 (Executive Order N-33-20), except as specified, or who are subsequently deemed essential, to include coronavirus disease 2019 (COVID-19) that develops or manifests itself during a period of employment of those persons in the essential occupation or industry. The bill would apply to injuries occurring on or after March 1, 2020, would create a conclusive presumption, as specified, that the injury arose out of and in the course of the employment, and would extend that presumption following termination of service for a period of 90 days, commencing with the last date actually worked. League Position: Watch AB 418 (Kalra) Evidentiary Privileges. Union Agent-Represented Worker Privilege. This measure would establish a privilege between a union agent, as defined, and a represented employee or represented former employee to refuse to disclose any confidential communication between the employee or former employee and the union agent made while the union agent was acting in the union agent’s representative capacity, except as specified. The bill would permit a represented employee or represented former employee to prevent another person from disclosing a privileged communication, except as specified. League Position: Oppose AB 664 (Cooper) Workers’ Compensation. Injury. Communicable Disease. This measure would define “injury,” for certain state and local firefighting personnel, peace officers, certain hospital employees, and certain fire and rescue services coordinators who work for the Office of Emergency Services to include being exposed to or contracting, on or after January 1, 2020, a communicable disease, including coronavirus disease 2019 (COVID-19), that is the subject of a state or local declaration of a state of emergency that is issued on or after January 1, 2020. The bill would create a conclusive presumption, as specified, that the injury arose out of and in the course of the employment. The bill would apply to injuries that occurred prior to the declaration of the state of emergency. The bill would also exempt these provisions from the apportionment requirements. League Position: Oppose AB 1107 (Chu) Unemployment Benefits. Temporary Additional Benefits. This measure would, until March 1, 2021, instead provide that once the temporary federal unemployment increase due to the COVID-19 outbreak has ceased, an individual’s weekly benefit amount would be increased by $600, notwithstanding the weekly benefits cap. League Position: Watch AB 1276 (Bonta) Local Redistricting. This measure would provide that these criteria do not apply to a charter city that has adopted comprehensive or exclusive redistricting criteria, as defined, in its city charter. The bill would authorize the city council of a charter city to instead establish an advisory body to hold public redistricting hearings. League Position: Watch AB 1945 (Salas) Emergency Services: First Responders. This measure would, for purposes of the California Emergency Services Act, define “first responder” as an employee of the state or a local public agency who provides emergency response services, including a peace officer, firefighter, paramedic, emergency medical technician, public safety dispatcher, public safety telecommunicator, or emergency response communication employee. League Position: Watch AB 1947 (Kalra) Employment Violation Complaints. Requirements: Time. This measure would extend the period of time within which people may file complaints subject to the 6-month deadline, to within one year after the occurrence of violations. League Position: Oppose AB 2473 (Cooper) Public Investment Funds. This measure would exempt from disclosure under the California Public Records specified records regarding an internally managed private loan made directly by a public investment fund, including quarterly and annual financial statements of the borrower or its constituent owners, unless the information has already been publicly released by the keeper of the information. League Position: Support AB 2992 (Weber) Employment Practices. Leave Time. This measure would expand the provision to prohibit an employer from discharging, or discriminating or retaliating against, an employee who is a victim of crime or abuse for taking time off from work to obtain or attempt to obtain relief, as prescribed. League Position: Watch AB 2999 (Low) Employees. Bereavement Leave. This measure would enact the Bereavement Leave Act of 2020. The bill would require an employer to grant an employee up to 10 business days of unpaid bereavement leave upon the death of a spouse, child, parent, sibling, grandparent, grandchild, or domestic partner, in accordance with certain procedures, and subject to certain exclusions. The bill would prohibit an employer from interfering with or restraining the exercise or attempt to exercise the employee’s right to take this leave. This bill would authorize an employee who has been discharged, disciplined, or discriminated against for exercising their right to bereavement leave to file a complaint with the Division of Labor Standards Enforcement or bring a civil action against their employer for reinstatement, specified damages, and attorney’s fees. League Position: Watch AB 3116 (Irwin) Mobility Devices. Personal Information. This measure would authorize a public agency, defined as a state or local public entity that issues a permit to an operator for mobility services or that otherwise regulates an operator, to require an operator to periodically submit to the public agency anonymized trip data and the operator’s mobility devices operating in the geographic area under the public agency’s jurisdiction and provide specified notice of that requirement to the operator. The bill would authorize a public agency to share anonymized trip data with a contractor, agent, or other public agency only if specified conditions are met, including that the purpose of the sharing is to assist the public agency in the promotion and protection of transportation planning, integration of mobility options, and road safety. The bill would prohibit a public agency from sharing trip data with a contractor or agent. League Position: Oppose AB 3216 (Kalra) Employee Leave. Authorization. This measure would revise and recast provisions under the the Moore-Brown-Roberti Family Rights Act, or California Family Rights Act (CFRA), to make it an unlawful employment practice for any employer to refuse grant a request by an employee, with qualified employment service, to take up to 12 workweeks of unpaid protected leave during any 12-month period for family care and medical leave, including birth of the employee’s child or adoption, to care for the employee’s own medical condition, or for a child, parent, grandparent, grandchild, sibling, spouse, or domestic partner, as specified. The bill would also make it an unlawful business practice for an employer to refuse to grant an employee up to 12 workweeks of leave in a 12-month period for emergency leave, as defined. League Position: Watch AB 3348 (Bonta) Public Records. This measure would require that if a record has been reproduced onto optical disk, that the original record be retained for at least 16 months, as specified, before destruction. League Position: Watch SB 266 (Leyva) Public Employees’ Retirement System. Disallowed Compensation: Benefit Adjustments. This measure would establish new procedures under PERL for cases in which PERS determines that the benefits of a member or annuitant are, or would be, based on disallowed compensation that conflicts with PEPRA and other specified laws and thus impermissible under PERL. The bill would also apply these procedures retroactively to determinations made on or after January 1, 2017, if an appeal has been filed and the employee member, survivor, or beneficiary has not exhausted their administrative or legal remedies. At the threshold, after determining that compensation for an employee member reported by the state, school employer, or a contracting agency is disallowed, the bill would require the applicable employer to discontinue the reporting of the disallowed compensation. League Position: Oppose SB 970 (Committee on Elections and Constitutional Amendments) Primary Election Date. This measure would change the date of the statewide direct primary to the first Tuesday after the first Monday in June in even-numbered years in which there is no presidential primary. League Position: Support SB 1159 (Hill) Workers’ Compensation. COVID-19. Critical Workers. This measure would, until an unspecified date, define “injury” for a critical worker, as specified, to include illness or death that results from exposure to coronavirus disease 2019 (COVID-19) under specified circumstances. The bill would create a disputable presumption, as specified, that an injury that develops or manifests itself while a critical worker is employed arose out of and in the course of the employment. League Position: Watch SB 1173 (Durazo) Public Employment. Labor Relations. Employee Information. This measure would generally authorize an exclusive representative to file a charge of an unfair labor practice with the Public Employment Relations Board, as specified, alleging a violation of the requirements to provide employee information. League Position: Oppose Housing, Community, Economic Development Yellow Highlight = Really Important Bill Turquoise Highlight = Important Bill Planning and Zoning AB 725 (Wicks) Housing Element. Moderate-income and Above Moderate-income Housing. This measure would require incorporated areas within a metropolitan jurisdiction, at least 25% of the jurisdiction's share of the regional housing need for both the moderate- income and above moderate-income housing categories must be allocated to sites with zoning that allows at least two units of housing, but no more than 35 units of housing per acre. League Position: Pending AB 1279 (Bloom) Housing Developments. High-resource Areas. This measure would require HCD to designate areas in this state as high-resource areas by January 1, 2021, and every 5 years thereafter. In any area designated as a high-resource area, this measure would require cities, at the request of a developer, to allow up to fourplexes in single-family zones and up to 100 units per acre in commercial zones. These projects shall receive ministerial approval (use by right). League Position: Pending AB 1775 (Reyes) Local Planning. Environmental Justice. This measure would require a city, county, or city and county to notify the Department of Justice at least 60 days before the adoption or review of the environmental justice element, or related environmental justice goals, policies, and objectives integrated in other elements. League Position: Watch AB 1851 (Wicks) Faith-based Organizations. Housing Developments. Parking Requirements. This measure would, upon the request of a developer of a housing development project, require a local agency to ministerially approve a request to that local agency to reduce or eliminate any parking requirements that would otherwise be imposed by that local agency on the development if the housing development project qualifies as a faith- based organization affiliated housing development project. This measure would prohibit a local agency from requiring the replacement of religious-use parking spaces proposed to be eliminated by a faith-based organization’s housing project or from requiring the curing of any preexisting deficit of religious-use parking as a condition of approval of a faith-based organization affiliated housing development project. League Position: Pending AB 2345 (Gonzalez) Planning and Zoning. Density Bonus. This measure would greatly expand Density Bonus law and allow developers to receive up to five concessions and incentives from local governments and up to 50% more density. League Position: Pending AB 2580 (Eggman) Conversion of Motels and Hotels. Streamlining. This measure would authorize a development proponent to submit an application for a development for the conversion of a motel, hotel, or commercial use into multifamily housing units to be subject to a streamlined, ministerial approval process, provided that development proponent reserves at least 20% of the proposed housing units for persons and families of low or moderate income. The measure would require a local government to notify the development proponent in writing if the local government determines that the development conflicts with any of those objective standards within 30 days of the application being submitted; otherwise, the development would be deemed to comply with those standards. League Position: Pending AB 3040 (Chiu) Local Planning. Regional Housing Need. This measure would create a voluntary program to incentivize local governments to allow four units per parcel, by-right, in exchange for additional credit towards the city or county’s share of the regional housing need allocation for each site identified under these provisions. The measure would prohibit the cumulative credit received by a city or county from exceeding more than 25% of the total units needed to meet its regional housing needs allocation. League Position: Support in concept. AB 3107 (Bloom) Planning and Zoning. Housing Developments. This measure would require, notwithstanding any inconsistent provision of a city’s or county’s general plan, specific plan, zoning ordinance, or regulation, a housing development in which at least 20 percent of the units have an affordable housing cost or affordable rent for lower income households shall be an allowable use on a site designated in any element of the general plan for commercial uses. League Position: Pending AB 3155 (Rivas. R) Subdivision Map Act. Small Lot Subdivisions. This measure would require a small lot subdivision to be located on a parcel zoned for multifamily residential use and consist of individual housing units that comply with existing height, floor area, and setback requirements applicable to the presubdivided parcel. The bill would prohibit the total number of units created by the small lot subdivision from exceeding the allowable residential density permitted by the existing general plan and zoning designations for the presubdivided parcel. League Position: Pending AB 3234 (Gloria) Subdivision Map Act. This measure would specify that no tentative or final map shall be required for the creation of a parcel or parcels necessary for the development of a subdivision for a housing development project, as defined in the Housing Accountability Act, that meets specified criteria, including that the site is an infill site, as defined, is located in an urbanized area or urban cluster, as defined, and the proposed site to be subdivided is no larger than 5 acres, among other requirements. League Position: Pending SB 899 (Wiener) Housing Development. Nonprofit Hospitals or Religious Institutions. This measure would require that a housing development project be a use by right upon the request of a nonprofit hospital, nonprofit diagnostic or treatment center, nonprofit rehabilitation facility, nonprofit nursing home, or religious institution that partners with a qualified developer on any land owned in fee simple by the applicant if the development satisfies specified criteria. League Position: Pending SB 902 (Wiener) Neighborhood Multifamily Project. Use By Right. This measure would provide that a neighborhood multifamily project (up to fourplexes, based on population) is a use by right in zones where residential uses are permitted if the project is not located in a very high fire severity zone, does not demolish sound rental housing or housing that has been placed on a national or state historic register, and follows specified local objective criteria. This measure would also allow a local government to pass an ordinance, notwithstanding any local restrictions on adopting zoning ordinances enacted by the jurisdiction, including restrictions enacted by a local voter initiative, that limit the legislative body’s ability to adopt zoning ordinances, to zone any parcel for up to 10 units of residential density per parcel, at a height specified by the local government in the ordinance, and not be subject to CEQA. League Position: Pending SB 1085 (Skinner) Density Bonus Law. Housing for Lower-income Students. This measure would require a city or county to grant one incentive or concession for a project that will contain a specified percentage of units for lower income students in a student housing development. League Position: Pending SB 1138 (Wiener) Housing Element. Emergency Shelters. Zoning of Sites. This measure would revise the requirements of the housing element, as described above, in connection with identifying zones or zoning designations that allow residential use, including mixed use, where emergency shelters are allowed as a permitted use without a conditional use or other discretionary permit. This would also, for the 6th and each subsequent revision of the housing element, require that a local government that fails to adopt a housing element that the Department of Housing and Community Development has found to be in substantial compliance with state law within 120 days of the statutory deadline to complete the rezoning no later than one year (instead of three years under current law) from the statutory deadline for the adoption of the housing element. League Position: Pending SB 1299 (Portantino) Housing Development. Incentives. Rezoning of Idle Retail Sites. This measure would, upon appropriation by the Legislature, require HCD to administer a program to provide incentives in the form of grants allocated as provided to local governments that rezone idle sites used for a big box retailer or a commercial shopping center to instead allow the development of workforce housing. League Position: Pending SB 1385 (Caballero) Local Planning. Housing in Commercial Zones. This measure, the Neighborhood Homes Act, would deem a housing development project, as defined, an authorized use on a neighborhood lot that is zoned for office or retail commercial use under a local agency’s zoning code or general plan. The measure would require the density for a housing development under these provisions to meet or exceed the density deemed appropriate to accommodate housing for lower income households according to the type of local jurisdiction, including a density of at least 20 units per acre for a suburban jurisdiction. League Position: Watch SB 1410 (Gonzalez. L) Rental Assistance. COVID-19 Emergency Rental Assistance Program. This measure would establish the COVID-19 Emergency Rental Assistance Program, to be administered by the Director of Housing and Community Development. The measure would deem a household eligible for rental assistance payments under the program if the household demonstrates an inability to pay all or any part of the household’s rent due between April 1, 2020, and October 31, 2020, due to COVID-19 or a response to COVID-19 and the owner of the dwelling unit consents to participate in the program. This measure would also require the Department of Housing and Community Development to develop a process to confirm whether a household demonstrates an inability to pay rent and develop a process to obtain the owner’s consent to participate in the program. League Position: Pending Accessory Dwelling Units (ADUs) AB 953 (Ting) Accessory Dwelling Units (ADUs). This measure would deem a permit application for the creation of an accessory dwelling unit or junior accessory dwelling unit approved if the local agency has not acted upon the completed application within 60 days. SB 773 (Skinner) Accessory Dwelling Units (ADUs) This measure would deem a permit application for the creation of an accessory dwelling unit or junior accessory dwelling unit approved if the local agency has not acted upon the completed application within 60 days. Homelessness ACA 10 (Ting) Personal Rights. Right to Housing. This measure would declare that the fundamental human right to housing exists in this state. The measure would declare that this right is exclusively enforceable by a public right of action. The measure would specify that it is the shared obligation of state and local jurisdictions to respect, protect, and fulfill this right through progressively implemented measures, consistent with available resources, within an aggressive but reasonable time frame. League Position: Pending AB 1845 (Rivas) Office to End Homelessness This measure would create the Governor’s Office to End Homelessness, which would be administered by the Secretary on Housing Insecurity and Homelessness appointed by the Governor. The bill would require that the office serve the Governor as the lead entity for ending homelessness in California and would task the office with coordinating the various federal, state, and local departments and agencies that provide housing and services to individuals experiencing homelessness or at risk of homelessness. League Position: Watch AB 1905 (Chiu) Housing and Homelessness Response Fund. Mortgage Interest Deduction. This measure would entirely eliminate the option to claim the mortgage interest deduction (MID) on second homes. On qualified home loans acquired in 2018 or later for primary homes, the amount of interest a filer can claim would be reduced from the current level of $1 million to $750,000, conforming California’s tax regulations with federal law. The savings from the elimination and reform of these tax deductions, which is estimated to be between $400-$500 million annually, would be redirected to the Housing and Homelessness Response Fund to alleviate California's homelessness crisis. League Position: Pending AB 2329 (Chiu) Homelessness. Statewide Needs and Gaps Analysis. This measure, upon appropriation by the Legislature, would require the Homelessness Coordinating Council to conduct a statewide needs and gaps analysis to identify state programs that provide housing or services to persons experiencing homelessness. The measure would require the council to report on the analysis to the Legislature by July 31, 2021. League Position: Watch AB 2405 (Burke) Housing. Homelessness. Children and Families. This measure would require local jurisdictions to, on or before January 1, 2022, establish and submit to the Department of Housing and Community Development an actionable plan to house their homeless populations based on their latest point-in-time count. League Position: Watch AB 2553 (Ting) Shelter Crisis Declaration. This measure would allow a city, county, or city and county, in lieu of compliance with local building approval procedures or state housing, health, habitability, planning and zoning, or safety standards, procedures, and laws, may adopt by ordinance reasonable local standards and procedures for the design, site development, and operation of homeless shelters and the structures and facilities therein, to the extent that it is determined at the time of adoption that strict compliance with state and local standards or laws in existence at the time of that adoption would in any way prevent, hinder, or delay the mitigation of the effects of the shelter crisis. League Position: Pending AB 2746 (Gabriel) Funding Accountability. State Funding for Homelessness. This measure would require a recipient that receives state funds for the HHAPP, CESH, CalWORKs, Housing and Disability Income Advocacy Program, Bringing Families Home Program, or any other program receiving state funding to address homelessness, or that receives state funds appropriated in the Budget Act of 2019 for a Whole Person Care pilot program, to submit a report regarding the use of state funds to the appropriate agency. The bill measure would require the recipient to submit the report on a form and method provided by the agency within 90 days of receiving program funds, or by April 1, 2021, if the recipient already received program funds as of January 1, 2021. League Position: Watch AB 2988 (Chu) Planning and Zoning. Supportive Housing. Emergency Shelters. Under Planning and Zoning Law, supportive housing is a use by right in zones where multifamily and mixed uses are permitted if the developer provides the planning agency with a plan for providing supportive services and the proposed housing development meets specified criteria, including that the housing development consist of 50 units or fewer if it is located in an unincorporated area of a county or city that has a population of fewer than 200,000 and a population of persons experiencing homelessness of 1,500 or fewer. This measure would, additionally, make supportive housing a use by right in zones where emergency shelters are permitted. League Position: Watch AB 3269 (Chiu) State and Local Homelessness Plans. This measure, upon appropriation by the Legislature, would require the Homeless Coordinating and Financing Council to conduct, or contract with an entity to conduct, a statewide needs and gaps analysis to identify, among other things, state programs that provide housing or services to persons experiencing homelessness and funding required to move persons experiencing homelessness into permanent housing. This measure would also state the intent of the Legislature that each state and local agency aim to reduce homelessness within its jurisdiction by 90% by December 31, 2028. League Position: Pending AB 3300 (Santiago) Homelessness Grant Funds. This measure would appropriate, commencing with the 2020–21 fiscal year and every fiscal year thereafter, without regard to fiscal year, $2 billion from the General Fund to the Department of Housing and Community Development for the purpose of providing local jurisdictions and other specified entities with ongoing grant funds to sustain or expand efforts to address their immediate and long-term homelessness challenges. The measure would require $1.1 billion to be distributed to counties and continuums of care, $800 million to be distributed to cities with a population of at least 300,000, and $100 million to nonprofit housing developers for specified purposes relating to the provision of housing. The measure would require the method of allocation to be based on a formula that considers specified data. League Position: Pending Mitigation Fees/Development Fees AB 1484 (Grayson) Mitigation Fee Act. This measure would prohibit a local agency from imposing a housing impact requirement adopted by the local agency on a housing development project unless specified requirements are satisfied by the local agency, including that the housing impact requirement be roughly proportional in both nature and extent to the impact created by the housing development project. League Position: Oppose Mobilehomes AB 2690 (Low) Mobilehome Park. Local Ordinances. Current law, the Mobilehome Residency Law, prescribes various terms and conditions of tenancies in mobilehome parks. Current law exempts new construction, defined as spaces initially held out for rent after January 1, 1990, from any ordinance, rule, regulation, or initiative measure adopted by a city or county, which establishes a maximum amount that a landlord may charge a tenant for rent. This measure would repeal the exemption regarding new construction from ordinances, rules, regulations, and initiative measures, establishing a maximum amount that a landlord may charge a tenant for rent. League Position: Watch SB 999 (Umberg) Mobilehome Park Residencies. Rent Control Exemption. The Mobilehome Residency Law prescribes various terms and conditions of tenancies in mobilehome parks. Current law exempts a rental agreement in a mobilehome park that is in excess of 12 months’ duration, and that meets other specified requirements, from local ordinances and initiative measures that establish a maximum amount that a landlord may charge a tenant for rent, commonly referred to as rent control. This measure would prohibit the above-described exemption from rent control in mobilehome parks for rental agreements from applying to a rental agreement entered into on and after January 1, 2020. The bill would repeal these provisions on January 1, 2025. The bill would declare that these provisions are severable. League Position: Watch Miscellaneous AB 828 (Ting) Temporary Moratorium on Foreclosures and Unlawful Detainer Actions. Coronavirus. This measure would prohibit a person from taking any action to foreclose on a residential real property while a state or locally declared state of emergency related to the COVID-19 virus is in effect and until 15 days after the state of emergency has ended, including, but not limited to, causing or conducting the sale of the real property or causing recordation of a notice of default. This measure would also require a tax collector to suspend the sale, and not attempt to sell, tax-defaulted properties while a state or locally declared state of emergency related to the COVID-19 virus is in effect and until 15 days after the state of emergency has ended. League Position: Watch AB 2501 (Limon) COVID-19. Homeowner, Tenant, and Consumer Relief. This measure would enact the COVID-19 Homeowner, Tenant, and Consumer Relief Law of 2020. This measure, with respect to residential mortgage loans, would prohibit a mortgage servicer, mortgagee, trustee, beneficiary, or authorized agent from taking specified actions during the COVID-19 emergency and the 180-day period following the emergency. This measure would prohibit the above persons from commencing or continuing any judicial foreclosure action, recording a notice of default, or taking any action to evict a person following a foreclosure. The measure would also require the above persons to stay all foreclosure proceedings and time limits in a judicial or nonjudicial foreclosure on a property. League Position: Watch AB 3205 (Salas) Regions Rise Grant Program. This measure would establish the Regions Rise Grant Program within the Governor’s Office of Business and Economic Development for the purpose of enabling regions to collaborate and create interdisciplinary and cross-sector regional strategies to address key regional issues and challenges. The measure would define “region” for these purposes as a group consisting of at least one government agency, one local business, and one nonprofit organization, that spans a geographic area that includes an area in at least 2 different counties, and is comprised of an area that experiences common community issues and challenges. League Position: Watch AB 3352 (Friedman) Housing Law. Enforcement Response to Complaints. This bill would, beginning July 1, 2021, require a city or county that receives a complaint of a substandard building or a lead hazard violation, cite the violation and provide free copies of the inspection report and citations issued, if any, to the tenant, resident, occupant, or agent, and to all potentially affected tenants, residents, occupants, or the agents of those individuals. League Position: Oppose unless amended. AB 2852 (Mullin) Public Employee Housing. Local Agencies. This measure would authorize a school district to make units in a rental housing facility that is constructed, reconstructed, or renovated with financing proceeds, as specified, available to employees of other school districts, community college districts, cities, counties, and special districts. This measure would also allow a city, county, or city and county to offers affordable rental housing for its employees that are financed by federal or state funds or tax credits, including, but not limited to, an allocation of federal low- income housing tax credits. League Position: Pending SB 795 (Beall) Affordable Housing and Community Development Investment Program. This measure would invests $2 billion annually for 5 years into the immediate construction of affordable housing units and programs that address and prevent homelessness. Additionally, this measure creates two new programs administered by the Office of Business and Economic Development Office (GoBiz) to help local governments with their economic recovery and natural disaster preparedness. Of the $2 billion, $1.15 billion shall be used to construct affordable housing, spur economic development and create jobs through infrastructure and employment programs. Funds will be distributed as follows: 1) Multi-family Housing Program—$500 million (25%); 2) Infill Incentive Grant Program-- $300 (15%) million; 3) Local Housing Trust Fund Matching Grant Program- $200 million (10%); 4) Cal Home Program $75 million (3.75%); 5) Joe Serna, Jr. Farmworker Housing Grant Fund--$75 million (3.75%) League Position: Support SB 1049 (Glazer) Local Ordinances. Short-term Rentals. Current law authorizes a city legislative body to impose fines, penalties, and forfeitures for violations of ordinances, provided that a fine may not exceed $1,000. This measure would authorize a city legislative body to impose a fine of up to $5,000 for a violation of a short-term rental ordinance. The measure would define “short-term rental” for these purposes as a residential property that is rented to a visitor for fewer than 30 days through a centralized online platform where the rental is advertised and payments for the rental are securely processed. League Position: Watch