City Council Subcommittee Agendas and Minutes

City Council Legislative Subcommittee Agenda 70 N. First Street, Campbell CA Wednesday, August 20, 2021, 4:00 pm VIA Telecommunication NOTE: To protect our constituents, City officials, and City staff, the City requests all members of the public follow the guidance of the California Department of Health Services, and the County of Santa Clara Health Officer Order, to help control the spread of COVID-19. Additional information regarding COVID-19 is available on the City’s website at www.campbellca.gov. This Legislative Subcommittee Meeting will be conducted via telecommunication and is compliant with provisions of the Brown Act and Executive Order N-29-20 issued by the Governor. The following Subcommittee members are listed to permit them to appear electronically or telephonically at the Legislative Subcommittee meeting on Friday, August 20, 2021: Mayor Elizabeth “Liz” Gibbons and Councilmember Sergio Lopez. Members of the public will not be able to attend meetings at the Campbell City Council Chamber physically. The Legislative Subcommittee Meeting will be live streamed on YouTube (https://www.youtube.com/user/cityofcampbell) Public comment for the City Council meeting will be accepted via email at clerksoffice@campbellca.gov prior to the meeting. Please indicate in the subject line “FOR PUBLIC COMMENT.” Comments will be read during the Oral Requests comment period. Written comments received by 3:00 p.m. on Friday, August 20, 2021 will be posted on the website and distributed to the subcommittee before the meeting. Special Meeting of the Legislative Subcommittee CALL TO ORDER PUBLIC COMMENT NEW BUSINESS 1. 2021 State Legislation - Follow-up on Active Legislative Bills the Subcommittee has not taken action on: a. SB 10 (Wiener) Planning and zoning: housing development: density Hearing Status: 8/19/21 Assembly Third Reading File Senate Bills Would, notwithstanding any local restrictions on adopting zoning ordinances, authorize a local government to adopt an ordinance to zone any parcel for up to 10 units of residential density per parcel, at a height specified in the ordinance, if the parcel is located in a transit-rich area or an urban infill site, as those terms are defined. The bill would prohibit a local government from adopting an ordinance pursuant to these provisions on or after January 1, 2029. The bill would specify that an ordinance adopted under these provisions, and any resolution to amend the jurisdiction’s General Plan, ordinance, or other local regulation adopted to be consistent with that ordinance, is not a  project for purposes of the California Environmental Quality Act. The bill would prohibit an ordinance adopted under these provisions from superseding a local restriction enacted or approved by a local initiative that designates publicly owned land as open- space land or for park or recreational purposes. b. AB 897 (Mullin) Office of Planning and Research: regional climate networks: regional climate adaptation and resilience action plans. Hearing Status: Referred to suspense file. Staff provided Fact Sheet and CalCities Support Letter on 8/12/21 c. AB 602 (Grayson) Development fees: impact fee nexus study Hearing Status: Referred to suspense file. Staff provided Fact Sheet and CalCities Oppose Letter on 8/12/21 2. Updates to Legislative Bills the City has taken action on: a. SB 9 Housing Development: Approvals Amended on 8/16 to include an owner occupancy requirement (amended bill attached) Hearing Status: 8/19/21 Assembly Appropriations City Position: Watch; Mayoral Oppose Letter Filed on 7/9/21 b. Legislation Advancing to Appropriations (last day to advance is 8/27/21; Floor Session 8/30-9/10) i. SB 8 (Skinner) Density Bonus - Watch ii. SB 478 (Wiener) Planning and Zoning Law: Housing Development Projects – Oppose Unless Amended iii. AB 215 (Chiu) Housing Element – Oppose iv. SB 556 (Dodd) Streetlight poles, traffic signals: small wireless facilities attachments- Oppose v. SB 555 (McGuire) TOT taxes: Online Short-Term Rental Facilitator Collection – Support vi. SB 619 (Laird) Organic Waste Reduction Regulations – No position c. Legislation Placed in Reading File i. AB 43 (Friedman) Traffic Safety - Support ii. AB 773 Street Closures and Designations – Support iii. AB 339 (Lee) State and Local Government: Open Meetings – No position d. Legislation Placed in Suspense File i. AB 1401 (Friedman) Residential and Commercial Development: Parking Requirements – Oppose ii. AB 14 (Aguiar-Curry) Communications: Broadband Services: CA Advanced Services Fund – No Position iii. SB 278 (Leyva) PERS: disallowed compensation: benefit adjustments ADJOURN ATTACHMENTS SB 9 – August 16 Amended Bill 2021 State Legislation Bills Matrix Pursuant to the Executive Order, and in compliance with the Americans with Disabilities Act (ADA), if you need assistance to participate in the Legislative Subcommittee meeting, please contact Diana Johnson in the City Manager’s Office at 408-866-2125 or by e-mail dianaj@campbellca.gov  AMENDED IN ASSEMBLY AUGUST 16, 2021 AMENDED IN SENATE APRIL 27, 2021 AMENDED IN SENATE APRIL 5, 2021 SENATE BILL No. 9 Introduced by Senators Atkins, Caballero, Rubio, and Wiener (Coauthors: Senators Cortese, Gonzalez, and McGuire) (Coauthors: Assembly Members Robert Rivas and Wicks) December 7, 2020 An act to amend Section 66452.6 of, and to add Sections 65852.21 and 66411.7 to, the Government Code, relating to land use. legislative counsel’s digest SB 9, as amended, Atkins. Housing development: approvals. The Planning and Zoning Law provides for the creation of accessory dwelling units by local ordinance, or, if a local agency has not adopted an ordinance, by ministerial approval, in accordance with specified standards and conditions. This bill, among other things, would require a proposed housing development containing no more than 2 residential units within a single-family residential zone to be considered ministerially, without discretionary review or hearing, if the proposed housing development meets certain requirements, including, but not limited to, that the proposed housing development would not require demolition or alteration of housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income, that the proposed housing development does not allow for the demolition of more than 25% of the existing exterior structural walls, except as provided, and that the 96 SB 9 —2— development is not located within a historic district, is not included on the State Historic Resources Inventory, or is not within a site that is legally designated or listed as a city or county landmark or historic property or district. The bill would set forth what a local agency can and cannot require in approving the construction of 2 residential units, including, but not limited to, authorizing a local agency to impose objective zoning standards, objective subdivision standards, and objective design standards, as defined, unless those standards would have the effect of physically precluding the construction of up to 2 units or physically precluding either of the 2 units from being at least 800 square feet in floor area, prohibiting the imposition of setback requirements under certain circumstances, and setting maximum setback requirements under all other circumstances. The Subdivision Map Act vests the authority to regulate and control the design and improvement of subdivisions in the legislative body of a local agency and sets forth procedures governing the local agency’s processing, approval, conditional approval or disapproval, and filing of tentative, final, and parcel maps, and the modification of those maps. Under the Subdivision Map Act, an approved or conditionally approved tentative map expires 24 months after its approval or conditional approval or after any additional period of time as prescribed by local ordinance, not to exceed an additional 12 months, except as provided. This bill, among other things, would require a local agency to ministerially approve a parcel map for an urban lot split that meets certain requirements, including, but not limited to, that the urban lot split would not require the demolition or alteration of housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income, that the parcel is located within a single-family residential zone, and that the parcel is not located within a historic district, is not included on the State Historic Resources Inventory, or is not within a site that is legally designated or listed as a city or county landmark or historic property or district. The bill would set forth what a local agency can and cannot require in approving an urban lot split, including, but not limited to, authorizing a local agency to impose objective zoning standards, objective subdivision standards, and objective design standards, as defined, unless those standards would have the effect of physically precluding the construction of 2 units, as defined, on either of the resulting parcels or 96  —3— SB 9 physically precluding either of the 2 units from being at least 800 square feet in floor area, prohibiting the imposition of setback requirements under certain circumstances, and setting maximum setback requirements under all other circumstances. The bill, until January 1, 2027, bill would require an applicant to sign an affidavit stating that they intend to occupy one of the housing units as their principal residence for a minimum of 3 years from the date of the approval of the urban lot split, unless the applicant is a community land trust or a qualified nonprofit p corporation, as p p specified. The bill would prohibit a local g agency from imposing an any additional owner occupancy q p requirement on pp applicants unless pspecified conditions are met. standards on pp applicants. By requiring pp q applicants to sign ffi affidavits, thereby p expanding the crime of perjury, the bill would impose a state-mandated local program. The bill would also extend the limit on the additional period that may be provided by ordinance, as described above, from 12 months to 24 months and would make other conforming or nonsubstantive changes. The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of, an environmental impact report on a project that it proposes to carry out or approve that may have a significant effect on the environment. CEQA does not apply to the approval of ministerial projects. This bill, by establishing the ministerial review processes described above, would thereby exempt the approval of projects subject to those processes from CEQA. The California Coastal Act of 1976 provides for the planning and regulation of development, under a coastal development permit process, within the coastal zone, as defined, that shall be based on various coastal resources planning and management policies set forth in the act. This bill would exempt a local agency from being required to hold public hearings for coastal development permit applications for housing developments and urban lot splits pursuant to the above provisions. By increasing the duties of local agencies with respect to land use regulations, the bill would impose a state-mandated local program. The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. 96  SB 9 —4— This bill would provide that no reimbursement is required by this act for a specified reason. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for specified reasons. Vote: majority. Appropriation: no. Fiscal committee: yes.​ State-mandated local program: yes.​ The people of the State of California do enact as follows: line 1 SECTION 1. Section 65852.21 is added to the Government line 2 Code, to read: line 3 65852.21. (a) A proposed housing development containing line 4 no more than two residential units within a single-family residential line 5 zone shall be considered ministerially, without discretionary review line 6 or a hearing, if the proposed housing development meets all of the line 7 following requirements: line 8 (1) The parcel subject to the proposed housing development is line 9 located within a city, the boundaries of which include some portion line 10 of either an urbanized area or urban cluster, as designated by the line 11 United States Census Bureau, or, for unincorporated areas, a legal line 12 parcel wholly within the boundaries of an urbanized area or urban line 13 cluster, as designated by the United States Census Bureau. line 14 (2) The parcel satisfies the requirements specified in line 15 subparagraphs (B) to (K), inclusive, of paragraph (6) of subdivision line 16 (a) of Section 65913.4. line 17 (3) Notwithstanding any provision of this section or any local line 18 law, the proposed housing development would not require line 19 demolition or alteration of any of the following types of housing: line 20 (A) Housing that is subject to a recorded covenant, ordinance, line 21 or law that restricts rents to levels affordable to persons and line 22 families of moderate, low, or very low income. line 23 (B) Housing that is subject to any form of rent or price control line 24 through a public entity’s valid exercise of its police power. line 25 (C) Housing that has been occupied by a tenant in the last three line 26 years. 96  —5— SB 9 line 1 (4) The parcel subject to the proposed housing development is line 2 not a parcel on which an owner of residential real property has line 3 exercised the owner’s rights under Chapter 12.75 (commencing line 4 with Section 7060) of Division 7 of Title 1 to withdraw line 5 accommodations from rent or lease within 15 years before the date line 6 that the development proponent submits an application. line 7 (5) The proposed housing development does not allow the line 8 demolition of more than 25 percent of the existing exterior line 9 structural walls, unless the housing development meets at least line 10 one of the following conditions: line 11 (A) If a local ordinance so allows. line 12 (B) The site has not been occupied by a tenant in the last three line 13 years. line 14 (6) The development is not located within a historic district or line 15 property included on the State Historic Resources Inventory, as line 16 defined in Section 5020.1 of the Public Resources Code, or within line 17 a site that is designated or listed as a city or county landmark or line 18 historic property or district pursuant to a city or county ordinance. line 19 (b) (1) Notwithstanding any local law and except as provided line 20 in paragraph (2), a local agency may impose objective zoning line 21 standards, objective subdivision standards, and objective design line 22 review standards that do not conflict with this section. line 23 (2) (A) The local agency shall not impose objective zoning line 24 standards, objective subdivision standards, and objective design line 25 standards that would have the effect of physically precluding the line 26 construction of up to two units or that would physically preclude line 27 either of the two units from being at least 800 square feet in floor line 28 area. line 29 (B) (i) Notwithstanding subparagraph (A), no setback shall be line 30 required for an existing structure or a structure constructed in the line 31 same location and to the same dimensions as an existing structure. line 32 (ii) Notwithstanding subparagraph (A), in all other circumstances line 33 not described in clause (i), a local agency may require a setback line 34 of up to four feet from the side and rear lot lines. line 35 (c) In addition to any conditions established in accordance with line 36 subdivision (b), a local agency may require any of the following line 37 conditions when considering an application for two residential line 38 units as provided for in this section: 96  SB 9 —6— line 1 (1) Off-street parking of up to one space per unit, except that a line 2 local agency shall not impose parking requirements in either of line 3 the following instances: line 4 (A) The parcel is located within one-half mile walking distance line 5 of either a high-quality transit corridor, as defined in subdivision line 6 (b) of Section 21155 of the Public Resources Code, or a major line 7 transit stop, as defined in Section 21064.3 of the Public Resources line 8 Code. line 9 (B) There is a car share vehicle located within one block of the line 10 parcel. line 11 (2) For residential units connected to an onsite wastewater line 12 treatment system, a percolation test completed within the last 5 line 13 years, or, if the percolation test has been recertified, within the last line 14 10 years. line 15 (d) Notwithstanding subdivision (a), a local agency may deny line 16 a proposed housing development project if the building official line 17 makes a written finding, based upon a preponderance of the line 18 evidence, that the proposed housing development project would line 19 have a specific, adverse impact, as defined and determined in line 20 paragraph (2) of subdivision (d) of Section 65589.5, upon public line 21 health and safety or the physical environment and for which there line 22 is no feasible method to satisfactorily mitigate or avoid the specific, line 23 adverse impact. line 24 (d) line 25 (e) A local agency shall require that a rental of any unit created line 26 pursuant to this section be for a term longer than 30 days. line 27 (e) line 28 (f) Notwithstanding Section 65852.2 or 65852.22, a local agency line 29 shall not be required to permit an accessory dwelling unit or a line 30 junior accessory dwelling unit on parcels that use both the authority line 31 contained within this section and the authority contained in Section line 32 66411.7. line 33 (f) line 34 (g) Notwithstanding subparagraph (B) of paragraph (2) of line 35 subdivision (b), an application shall not be rejected solely because line 36 it proposes adjacent or connected structures provided that the line 37 structures meet building code safety standards and are sufficient line 38 to allow separate conveyance. line 39 (g) 96  —7— SB 9 line 1 (h) Local agencies shall include units constructed pursuant to line 2 this section in the annual housing element report as required by line 3 subparagraph (I) of paragraph (2) of subdivision (a) of Section line 4 65400. line 5 (h) line 6 (i) For purposes of this section, all of the following apply: line 7 (1) A housing development contains two residential units if the line 8 development proposes no more than two new units or if it proposes line 9 to add one new unit to one existing unit. line 10 (2) The terms “objective zoning standards,” “objective line 11 subdivision standards,” and “objective design review standards” line 12 mean standards that involve no personal or subjective judgment line 13 by a public official and are uniformly verifiable by reference to line 14 an external and uniform benchmark or criterion available and line 15 knowable by both the development applicant or proponent and the line 16 public official prior to submittal. These standards may be embodied line 17 in alternative objective land use specifications adopted by a local line 18 agency, and may include, but are not limited to, housing overlay line 19 zones, specific plans, inclusionary zoning ordinances, and density line 20 bonus ordinances. line 21 (3) “Local agency” means a city, county, or city and county, line 22 whether general law or chartered. line 23 (i) line 24 (j) A local agency may adopt an ordinance to implement the line 25 provisions of this section. An ordinance adopted to implement this line 26 section shall not be considered a project under Division 13 line 27 (commencing with Section 21000) of the Public Resources Code. line 28 (j) line 29 (k) Nothing in this section shall be construed to supersede or in line 30 any way alter or lessen the effect or application of the California line 31 Coastal Act of 1976 (Division 20 (commencing with Section line 32 30000) of the Public Resources Code), except that the local agency line 33 shall not be required to hold public hearings for coastal line 34 development permit applications for a housing development line 35 pursuant to this section. line 36 SEC. 2. Section 66411.7 is added to the Government Code, to line 37 read: line 38 66411.7. (a) Notwithstanding any other provision of this line 39 division and any local law, a local agency shall ministerially line 40 approve, as set forth in this section, a parcel map for an urban lot 96  SB 9 —8— line 1 split only if the local agency determines that the parcel map for line 2 the urban lot split meets all the following requirements: line 3 (1) The parcel map subdivides an existing parcel to create no line 4 more than two new parcels of approximately equal lot area line 5 provided that one parcel shall not be smaller than 40 percent of line 6 the lot area of the original parcel proposed for subdivision. line 7 (2) (A) Except as provided in subparagraph (B), both newly line 8 created parcels are no smaller than 1,200 square feet. line 9 (B) A local agency may by ordinance adopt a smaller minimum line 10 lot size subject to ministerial approval under this subdivision. line 11 (3) The parcel being subdivided meets all the following line 12 requirements: line 13 (A) The parcel is located within a single-family residential zone. line 14 (B) The parcel subject to the proposed urban lot split is located line 15 within a city, the boundaries of which include some portion of line 16 either an urbanized area or urban cluster, as designated by the line 17 United States Census Bureau, or, for unincorporated areas, a legal line 18 parcel wholly within the boundaries of an urbanized area or urban line 19 cluster, as designated by the United States Census Bureau. line 20 (C) The parcel satisfies the requirements specified in line 21 subparagraphs (B) to (K), inclusive, of paragraph (6) of subdivision line 22 (a) of Section 65913.4. line 23 (D) The proposed urban lot split would not require demolition line 24 or alteration of any of the following types of housing: line 25 (i) Housing that is subject to a recorded covenant, ordinance, line 26 or law that restricts rents to levels affordable to persons and line 27 families of moderate, low, or very low income. line 28 (ii) Housing that is subject to any form of rent or price control line 29 through a public entity’s valid exercise of its police power. line 30 (iii) A parcel or parcels on which an owner of residential real line 31 property has exercised the owner’s rights under Chapter 12.75 line 32 (commencing with Section 7060) of Division 7 of Title 1 to line 33 withdraw accommodations from rent or lease within 15 years line 34 before the date that the development proponent submits an line 35 application. line 36 (iv) Housing that has been occupied by a tenant in the last three line 37 years. line 38 (E) The parcel is not located within a historic district or property line 39 included on the State Historic Resources Inventory, as defined in line 40 Section 5020.1 of the Public Resources Code, or within a site that 96  —9— SB 9 line 1 is designated or listed as a city or county landmark or historic line 2 property or district pursuant to a city or county ordinance. line 3 (F) The parcel has not been established through prior exercise line 4 of an urban lot split as provided for in this section. line 5 (G) Neither the owner of the parcel being subdivided nor any line 6 person acting in concert with the owner has previously subdivided line 7 an adjacent parcel using an urban lot split as provided for in this line 8 section. line 9 (b) An application for a parcel map for an urban lot split shall line 10 be approved in accordance with the following requirements: line 11 (1) A local agency shall approve or deny an application for a line 12 parcel map for an urban lot split ministerially without discretionary line 13 review. line 14 (2) A local agency shall approve an urban lot split only if it line 15 conforms to all applicable objective requirements of the line 16 Subdivision Map Act (Division 2 (commencing with Section line 17 66410)), except as otherwise expressly provided in this section. line 18 (3) Notwithstanding Section 66411.1, a local agency shall not line 19 impose regulations that require dedications of rights-of-way or the line 20 construction of offsite improvements for the parcels being created line 21 as a condition of issuing a parcel map for an urban lot split pursuant line 22 to this section. line 23 (c) (1) Except as provided in paragraph (2), notwithstanding line 24 any local law, a local agency may impose objective zoning line 25 standards, objective subdivision standards, and objective design line 26 review standards applicable to a parcel created by an urban lot line 27 split that do not conflict with this section. line 28 (2) A local agency shall not impose objective zoning standards, line 29 objective subdivision standards, and objective design review line 30 standards that would have the effect of physically precluding the line 31 construction of two units on either of the resulting parcels or that line 32 would result in a unit size of less than 800 square feet. line 33 (3) (A) Notwithstanding paragraph (2), no setback shall be line 34 required for an existing structure or a structure constructed in the line 35 same location and to the same dimensions as an existing structure. line 36 (B) Notwithstanding paragraph (2), in all other circumstances line 37 not described in subparagraph (A), a local agency may require a line 38 setback of up to four feet from the side and rear lot lines. line 39 (d) Notwithstanding subdivision (a), a local agency may deny line 40 an urban lot split if the building official makes a written finding, 96  SB 9 — 10 — line 1 based upon a preponderance of the evidence, that the proposed line 2 housing development project would have a specific, adverse impact, line 3 as defined and determined in paragraph (2) of subdivision (d) of line 4 Section 65589.5, upon public health and safety or the physical line 5 environment and for which there is no feasible method to line 6 satisfactorily mitigate or avoid the specific, adverse impact. line 7 (d) line 8 (e) In addition to any conditions established in accordance with line 9 this section, a local agency may require any of the following line 10 conditions when considering an application for a parcel map for line 11 an urban lot split: line 12 (1) Easements required for the provision of public services and line 13 facilities. line 14 (2) A requirement that the parcels have access to, provide access line 15 to, or adjoin the public right-of-way. line 16 (3) Off-street parking of up to one space per unit, except that a line 17 local agency shall not impose parking requirements in either of line 18 the following instances: line 19 (A) The parcel is located within one-half mile walking distance line 20 of either a high-quality transit corridor as defined in subdivision line 21 (b) of Section 21155 of the Public Resources Code, or a major line 22 transit stop as defined in Section 21064.3 of the Public Resources line 23 Code. line 24 (B) There is a car share vehicle located within one block of the line 25 parcel. line 26 (e) line 27 (f) A local agency shall require that the uses allowed on a lot line 28 created by this section be limited to residential uses. line 29 (f) line 30 (g) (1) A local g agency may impose an owner occupancy p line 31 requirement on shall r q q equire an pp applicant for an urban lot split that line 32 meets one of the following conditions: line 33 (A) The ppapplicant intends to sign an ffi affidavit stating that the line 34 applicant intends to occupy one of the housing units as their pp line 35 principal residence for a minimum of one year three years from line 36 the date of the approval of the urban lot split. line 37 (B) The applicant is a “qualified nonprofit corporation.” A line 38 “qualified nonprofit corporation” means a nonprofit corporation line 39 organized pursuant to Section 501(c)(3) of the Internal Revenue 96  — 11 — SB 9 line 1 Code that has received a welfare exemption under either of the line 2 following: line 3 (i) Section 214.15 of the Revenue and Taxation Code for line 4 properties intended to be sold to low-income families who line 5 participate in a special no-interest loan program. line 6 (ii) Section 214.18 of the Revenue and Taxation Code for line 7 properties owned by a community land trust. line 8 (2) This subdivision shall not apply to an applicant that is a line 9 “community land trust,” as defined in clause (ii) of subparagraph line 10 (C) of paragraph (11) of subdivision (a) of Section 402.1 of the line 11 Revenue and Taxation Code, or is a “qualified nonprofit line 12 corporation” as described in Section 214.15 of the Revenue and line 13 Taxation Code. line 14 (2) line 15 (3) A local agency shall not impose additional owner occupancy line 16 standards, other than provided for in this subdivision, on an urban line 17 lot split pursuant to this section. line 18 (3) This subdivision shall become inoperative on January 1, line 19 2027. line 20 (g) line 21 (h) A local agency shall require that a rental of any unit created line 22 pursuant to this section be for a term longer than 30 days. line 23 (h) line 24 (i) A local agency shall not require, as a condition for ministerial line 25 approval of a parcel map application for the creation of an urban line 26 lot split, the correction of nonconforming zoning conditions. line 27 (i) line 28 (j) (1) Notwithstanding any provision of Section 65852.2, line 29 Section 65852.21, Section 65852.22, Section 65915, or this section, line 30 a local agency shall not be required to permit more than two units line 31 on a parcel created through the exercise of the authority contained line 32 within this section. line 33 (2) For the purposes of this section, “unit” means any dwelling line 34 unit, including, but not limited to, a unit or units created pursuant line 35 to Section 65852.21, a primary dwelling, an accessory dwelling line 36 unit as defined in Section 65852.2, or a junior accessory dwelling line 37 unit as defined in Section 65852.22. line 38 (j) line 39 (k) Notwithstanding paragraph (3) of subdivision (c), an line 40 application shall not be rejected solely because it proposes adjacent 96  SB 9 — 12 — line 1 or connected structures provided that the structures meet building line 2 code safety standards and are sufficient to allow separate line 3 conveyance. line 4 (k) line 5 (l) Local agencies shall include the number of applications for line 6 parcel maps for urban lot splits pursuant to this section in the line 7 annual housing element report as required by subparagraph (I) of line 8 paragraph (2) of subdivision (a) of Section 65400. line 9 (l) line 10 (m) For purposes of this section, both of the following shall line 11 apply: line 12 (1) “Objective zoning standards,” “objective subdivision line 13 standards,” and “objective design review standards” mean standards line 14 that involve no personal or subjective judgment by a public official line 15 and are uniformly verifiable by reference to an external and line 16 uniform benchmark or criterion available and knowable by both line 17 the development applicant or proponent and the public official line 18 prior to submittal. These standards may be embodied in alternative line 19 objective land use specifications adopted by a local agency, and line 20 may include, but are not limited to, housing overlay zones, specific line 21 plans, inclusionary zoning ordinances, and density bonus line 22 ordinances. line 23 (2) “Local agency” means a city, county, or city and county, line 24 whether general law or chartered. line 25 (m) line 26 (n) A local agency may adopt an ordinance to implement the line 27 provisions of this section. An ordinance adopted to implement this line 28 section shall not be considered a project under Division 13 line 29 (commencing with Section 21000) of the Public Resources Code. line 30 (n) line 31 (o) Nothing in this section shall be construed to supersede or in line 32 any way alter or lessen the effect or application of the California line 33 Coastal Act of 1976 (Division 20 (commencing with Section line 34 30000) of the Public Resources Code), except that the local agency line 35 shall not be required to hold public hearings for coastal line 36 development permit applications for urban lot splits pursuant to line 37 this section. line 38 SEC. 3. Section 66452.6 of the Government Code is amended line 39 to read: 96  — 13 — SB 9 line 1 66452.6. (a) (1) An approved or conditionally approved line 2 tentative map shall expire 24 months after its approval or line 3 conditional approval, or after any additional period of time as may line 4 be prescribed by local ordinance, not to exceed an additional 24 line 5 months. However, if the subdivider is required to expend two line 6 hundred thirty-six thousand seven hundred ninety dollars line 7 ($236,790) or more to construct, improve, or finance the line 8 construction or improvement of public improvements outside the line 9 property boundaries of the tentative map, excluding improvements line 10 of public rights-of-way that abut the boundary of the property to line 11 be subdivided and that are reasonably related to the development line 12 of that property, each filing of a final map authorized by Section line 13 66456.1 shall extend the expiration of the approved or conditionally line 14 approved tentative map by 48 months from the date of its line 15 expiration, as provided in this section, or the date of the previously line 16 filed final map, whichever is later. The extensions shall not extend line 17 the tentative map more than 10 years from its approval or line 18 conditional approval. However, a tentative map on property subject line 19 to a development agreement authorized by Article 2.5 line 20 (commencing with Section 65864) of Chapter 4 of Division 1 may line 21 be extended for the period of time provided for in the agreement, line 22 but not beyond the duration of the agreement. The number of line 23 phased final maps that may be filed shall be determined by the line 24 advisory agency at the time of the approval or conditional approval line 25 of the tentative map. line 26 (2) Commencing January 1, 2012, and each calendar year line 27 thereafter, the amount of two hundred thirty-six thousand seven line 28 hundred ninety dollars ($236,790) shall be annually increased by line 29 operation of law according to the adjustment for inflation set forth line 30 in the statewide cost index for class B construction, as determined line 31 by the State Allocation Board at its January meeting. The effective line 32 date of each annual adjustment shall be March 1. The adjusted line 33 amount shall apply to tentative and vesting tentative maps whose line 34 applications were received after the effective date of the line 35 adjustment. line 36 (3) “Public improvements,” as used in this subdivision, include line 37 traffic controls, streets, roads, highways, freeways, bridges, line 38 overcrossings, street interchanges, flood control or storm drain line 39 facilities, sewer facilities, water facilities, and lighting facilities. 96  SB 9 — 14 — line 1 (b) (1) The period of time specified in subdivision (a), including line 2 any extension thereof granted pursuant to subdivision (e), shall line 3 not include any period of time during which a development line 4 moratorium, imposed after approval of the tentative map, is in line 5 existence. However, the length of the moratorium shall not exceed line 6 five years. line 7 (2) The length of time specified in paragraph (1) shall be line 8 extended for up to three years, but in no event beyond January 1, line 9 1992, during the pendency of any lawsuit in which the subdivider line 10 asserts, and the local agency that approved or conditionally line 11 approved the tentative map denies, the existence or application of line 12 a development moratorium to the tentative map. line 13 (3) Once a development moratorium is terminated, the map line 14 shall be valid for the same period of time as was left to run on the line 15 map at the time that the moratorium was imposed. However, if the line 16 remaining time is less than 120 days, the map shall be valid for line 17 120 days following the termination of the moratorium. line 18 (c) The period of time specified in subdivision (a), including line 19 any extension thereof granted pursuant to subdivision (e), shall line 20 not include the period of time during which a lawsuit involving line 21 the approval or conditional approval of the tentative map is or was line 22 pending in a court of competent jurisdiction, if the stay of the time line 23 period is approved by the local agency pursuant to this section. line 24 After service of the initial petition or complaint in the lawsuit upon line 25 the local agency, the subdivider may apply to the local agency for line 26 a stay pursuant to the local agency’s adopted procedures. Within line 27 40 days after receiving the application, the local agency shall either line 28 stay the time period for up to five years or deny the requested stay. line 29 The local agency may, by ordinance, establish procedures for line 30 reviewing the requests, including, but not limited to, notice and line 31 hearing requirements, appeal procedures, and other administrative line 32 requirements. line 33 (d) The expiration of the approved or conditionally approved line 34 tentative map shall terminate all proceedings and no final map or line 35 parcel map of all or any portion of the real property included within line 36 the tentative map shall be filed with the legislative body without line 37 first processing a new tentative map. Once a timely filing is made, line 38 subsequent actions of the local agency, including, but not limited line 39 to, processing, approving, and recording, may lawfully occur after line 40 the date of expiration of the tentative map. Delivery to the county 96  — 15 — SB 9 line 1 surveyor or city engineer shall be deemed a timely filing for line 2 purposes of this section. line 3 (e) Upon application of the subdivider filed before the expiration line 4 of the approved or conditionally approved tentative map, the time line 5 at which the map expires pursuant to subdivision (a) may be line 6 extended by the legislative body or by an advisory agency line 7 authorized to approve or conditionally approve tentative maps for line 8 a period or periods not exceeding a total of six years. The period line 9 of extension specified in this subdivision shall be in addition to line 10 the period of time provided by subdivision (a). Before the line 11 expiration of an approved or conditionally approved tentative map, line 12 upon an application by the subdivider to extend that map, the map line 13 shall automatically be extended for 60 days or until the application line 14 for the extension is approved, conditionally approved, or denied, line 15 whichever occurs first. If the advisory agency denies a subdivider’s line 16 application for an extension, the subdivider may appeal to the line 17 legislative body within 15 days after the advisory agency has line 18 denied the extension. line 19 (f) For purposes of this section, a development moratorium line 20 includes a water or sewer moratorium, or a water and sewer line 21 moratorium, as well as other actions of public agencies that regulate line 22 land use, development, or the provision of services to the land, line 23 including the public agency with the authority to approve or line 24 conditionally approve the tentative map, which thereafter prevents, line 25 prohibits, or delays the approval of a final or parcel map. A line 26 development moratorium shall also be deemed to exist for purposes line 27 of this section for any period of time during which a condition line 28 imposed by the city or county could not be satisfied because of line 29 either of the following: line 30 (1) The condition was one that, by its nature, necessitated action line 31 by the city or county, and the city or county either did not take the line 32 necessary action or by its own action or inaction was prevented or line 33 delayed in taking the necessary action before expiration of the line 34 tentative map. line 35 (2) The condition necessitates acquisition of real property or line 36 any interest in real property from a public agency, other than the line 37 city or county that approved or conditionally approved the tentative line 38 map, and that other public agency fails or refuses to convey the line 39 property interest necessary to satisfy the condition. However, line 40 nothing in this subdivision shall be construed to require any public 96  SB 9 — 16 — line 1 agency to convey any interest in real property owned by it. A line 2 development moratorium specified in this paragraph shall be line 3 deemed to have been imposed either on the date of approval or line 4 conditional approval of the tentative map, if evidence was included line 5 in the public record that the public agency that owns or controls line 6 the real property or any interest therein may refuse to convey that line 7 property or interest, or on the date that the public agency that owns line 8 or controls the real property or any interest therein receives an line 9 offer by the subdivider to purchase that property or interest for fair line 10 market value, whichever is later. A development moratorium line 11 specified in this paragraph shall extend the tentative map up to the line 12 maximum period as set forth in subdivision (b), but not later than line 13 January 1, 1992, so long as the public agency that owns or controls line 14 the real property or any interest therein fails or refuses to convey line 15 the necessary property interest, regardless of the reason for the line 16 failure or refusal, except that the development moratorium shall line 17 be deemed to terminate 60 days after the public agency has line 18 officially made, and communicated to the subdivider, a written line 19 offer or commitment binding on the agency to convey the necessary line 20 property interest for a fair market value, paid in a reasonable time line 21 and manner. line 22 SEC. 4. The Legislature finds and declares that ensuring access line 23 to affordable housing is a matter of statewide concern and not a line 24 municipal affair as that term is used in Section 5 of Article XI of line 25 the California Constitution. Therefore, Sections 1 and 2 of this act line 26 adding Sections 65852.21 and 66411.7 to the Government Code line 27 and Section 3 of this act amending Section 66452.6 of the line 28 Government Code apply to all cities, including charter cities. line 29 SEC. 5. No reimbursement is required by this act pursuant to line 30 Section 6 of Article XIIIB of the California Constitution because line 31 a local agency or school district has the authority to levy service line 32 charges, fees, or assessments sufficient to pay for the program or line 33 level of service mandated by this act, within the meaning of Section line 34 17556 of the Government Code. line 35 SEC. 5. No reimbursement is required by this act pursuant to line 36 Section 6 of Article XIII B of the California Constitution because line 37 a local agency or school district has the authority to levy service line 38 charges, fees, or assessments sufficient to pay for the program or line 39 level of service mandated by this act or because costs that may be line 40 incurred by a local agency or school district will be incurred 96  — 17 — SB 9 line 1 because this act creates a new crime or infraction, eliminates a line 2 crime or infraction, or changes the penalty for a crime or line 3 infraction, within the meaning of Section 17556 of the Government line 4 Code, or changes the definition of a crime within the meaning of line 5 Section 6 of Article XIII B of the California Constitution. O 96  2021 Legislation - Bills to Watch Bill Sponsor(s) Summary Position Status HOUSING SB 8 Density Skinner Extends the existing Housing Crisis Act, which aims to address the housing Watch 8/19/21 Bonus crisis by requiring the timely processing of permits and includes anti- Assembly displacement measures to help keep tenants and low-income families in Appropriations their homes, by five years to 2030 and makes clarifying changes. • Reduces the incentive criteria for LI: 17 percent for two incentives and 24 percent for three incentives (down from 20 percent and 30 percent, respectively). • Increases density bonus maximum to 50 percent for MOD. • Adjustments to transit and parking. SB 9 Housing Atkins, • Allows for split lots in areas currently zoned single-family. Mayoral 8/19/21 Development: Caballero, • Two-unit projects ministerial approval. Oppose Re-referred to Approvals Rubio, and • The City can develop standards as long as they do not physically preclude Letter Assembly Wiener development. Submitted Appropriations on 7/9 CalCities: Oppose SB 10 Wiener Would, notwithstanding any local restrictions on adopting zoning Watch 8/19/21 Planning and ordinances, authorize a local government to adopt an ordinance to Assembly Third Zoning: zone any parcel for up to 10 units of residential density per parcel, at Reading File Housing a height specified in the ordinance, if the parcel is located in a transit- Senate Bills Development: rich area or an urban infill site, as those terms are defined. The bill Density would prohibit a local government from adopting an ordinance pursuant to these provisions on or after January 1, 2029. The bill would specify that an ordinance adopted under these provisions, and any resolution to amend the jurisdiction’s General Plan, ordinance, or other local regulation adopted to be consistent with that ordinance, is not a project for purposes of the California Environmental Quality Act. The bill would prohibit an ordinance adopted under these 1 8/19/2021  2021 Legislation - Bills to Watch Bill Sponsor(s) Summary Position Status provisions from superceding a local restriction enacted or approved by a local initiative that designates publicly owned land as open-space land or for park or recreational purposes. SB 478 Wiener The Planning and Zoning Law requires a city or county to adopt a general Oppose 8/19/21 Planning and plan for land use development within its boundaries that includes, among Unless Assembly Zoning Law: other things, a housing element. The law also requires the Department of Amended – Appropriations housing Housing and Community Development to notify the city, county, or city and Letter development county, and authorizes the department to notify the Attorney General, that Submitted projects. the city, county, or city and county is in violation of state law if the on 7/9/21 department finds that the housing element or an amendment to that element, or any specified action or failure to act, does not substantially comply with the law as it pertains to housing elements or that any local government has taken an action in violation of certain housing laws. This bill would prohibit a local agency, as defined, from imposing specified standards, including a minimum lot size that exceeds an unspecified number of square feet on parcels zoned for at least 2, but not more than 4, units or a minimum lot size that exceeds an unspecified number of square feet on parcels zoned for at least 5, but not more than 10, units. AB 215 Chiu The Planning and Zoning Law requires a city or county to adopt a general Oppose – 8/23/21 Senate Housing plan for land use development within its boundaries that includes, among Letter Appropriations Element other things, a housing element. That law requires the Department of Submitted Housing and Community Development (HCD) to determine whether the on 7/9/21 housing element is in substantial compliance with specified provisions of that law. That law also requires HCD to notify a city, county, or city and CalCities: county, and authorizes HCD to notify the office of the Attorney General, Oppose that the city, county, or city and county is in violation of state law if HCD *Action finds that the housing element or an amendment to the housing element Alert does not substantially comply with specified provisions of the Planning and Zoning Law, or that the local government has taken action or failed to act in 2 8/19/2021  2021 Legislation - Bills to Watch Bill Sponsor(s) Summary Position Status violation of specified provisions of law. This bill would add the Housing Crisis Act of 2019 to those specified provisions of law. AB 1401 Friedman Would prohibit a local government from imposing a minimum parking Oppose 8/16/21 In Residential requirement, or enforcing a minimum parking requirement, on residential, Letter Committee and commercial, or other development if the development is located on a parcel Submitted Referred to commercial that is within one-half mile walking distance of public transit, as defined, or 8/16/21 suspense file development: located within a low-vehicle miles traveled area, as defined. parking CalCities: requirements. Oppose ACA 1 Local Aguiar- The California Constitution prohibits the ad valorem tax rate on real Support Assembly Local government Curry property from exceeding 1% of the full cash value of the property, subject Government and financing: to certain exceptions. This measure would create an additional exception to Housing and affordable the 1% limit that would authorize a city, county, city and county, or special Appropriations housing and district to levy an ad valorem tax to service bonded indebtedness incurred public to fund the construction, reconstruction, rehabilitation, or replacement of infrastructure: public infrastructure, affordable housing, or permanent supportive housing, voter or the acquisition or lease of real property for those purposes, if the approval. proposition proposing that tax is approved by 55% of the voters of the city, county, or city and county, as applicable, and the proposition includes specified accountability requirements. AB 71 Luz Rivas, Establishes a revenue source to fund various State programs focused on Watch 07/01/21 Statewide Bloom, solving the homeless crisis. Assembly Inactive Homelessness Chiu, and Creates a funding source for developers to develop housing with wrap- File Solutions Wicks around services (continuum of care) in certain jurisdictions. Program AB 115 Bloom Housing development an authorized use on a site designated for Watch Two-Year Bill Planning and commercial if at least 20 percent of the project units are deed-restricted (active thru Jan Zoning: affordable. The development would need to comply with all local standards, 2022) – Appears Housing including: Inactive Development 3 8/19/2021  2021 Legislation - Bills to Watch Bill Sponsor(s) Summary Position Status — Not adjacent to industrial uses and is more infill in nature with urban uses on 75 percent of the perimeter; and — Height limits, FAR, and density thresholds are defined in the law that takes into consideration local standards but is the greatest of the standards. • This bill would sunset on January 1, 2031. (Similar to SB 6) AB 59 Gabriel Current law authorizes any party to protest the imposition of a fee, Watch Two-Year Bill Mitigation Fee dedication, reservation, or other exactions imposed on a development (active thru Jan Act: Fees: project within 90 or 120 days of the imposition of the fee, as applicable, and 2022) Notice and specifies procedures for those protests and actions. The Mitigation Fee Act Timelines imposes the same requirements on a local agency for a new or increased fee for public facilities. Current law, for specified fees, requires any judicial action or proceeding to attack, review, set aside, void, or annul an ordinance, resolution, or motion adopting a new fee or service charge or modifying an existing fee or service charge to be commenced within 120 days of the effective date of the ordinance, resolution, or motion. Current law also provides that, if an ordinance, resolution, or motion provides for an automatic adjustment in a fee or service charge and the adjustment results in an increase in the fee or service charge, that any action to attack, review, set aside, void, or annul the increase to be commenced within 120 days of the increase. This bill would increase, for fees and service charges and for fees for specified public facilities, the time for mailing the notice of the time and place of the meeting to at least 45 days before the meeting. AB 617 Davies Would authorize a city or county, by agreement, to transfer all or a portion Watch Two-Year Bill Planning and of its allocation of regional housing need to another city or county. The bill (active thru Jan Zoning: would allow the transferring city to pay the transferee city or county an 2022) – Appears Regional amount determined by that agreement, as well as a surcharge to offset the Inactive Housing impacts and associated costs of the additional housing on the transferee Needs: city. The bill would also require the transferring city or county and the Exchange of transferee city or county to report to the council of governments and the Allocation department specified information about the transfer, as provided. 4 8/19/2021  2021 Legislation - Bills to Watch Bill Sponsor(s) Summary Position Status AB 1258 Nguyen Current law requires each city, county, or city and county to prepare and Oppose Two-Year Bill Housing adopt a general plan for its jurisdiction that contains certain mandatory (active thru Jan Element: elements, including a housing element. Under existing law, a part of the 2022) Regional housing element is an assessment of housing needs, which includes the Housing Need locality’s share of the regional housing need. Under existing law the Plan: Judicial appropriate council of governments, or for cities and counties without a Review council of governments, the Department of Housing and Community Development, adopts a final regional housing need plan that allocates a share of the regional housing need to each locality in the region. This bill would subject the final regional housing need plan to judicial review. SB 5 Housing Atkins, Authorizes Legislature to issue bonds. Proceeds from bonds would be Watch Inactive Bond Act Caballero, directed toward housing finance activities focused on homelessness and ELI, McGuire, VLI households. Unclear if the funds would be directed into existing Rubio, programs that serve these populations or if new programs would be Skinner, established. and Wiener SB 6 Local Caballero, This bill designates a housing development project, a parcel within a Watch In Assembly – Planning: Eggman, commercial zone not adjacent to an industrial site, as an allowable use on a held at desk Housing: and Rubio neighborhood lot if it complies with various requirements, one of which Commercial includes: the density for a housing development must meet or exceed the Zones density appropriate for lower income households according to the local jurisdiction. (Similar to AB 115) SB 15 Housing Portantino Grant program to assist local government to rezone idle retail sites (big box Support – 7/15/21 – Faield Development: or commercial shopping centers) for work force housing. This would be an Letter deadline to pass Incentives: annual grant. from Committee 5 8/19/2021  2021 Legislation - Bills to Watch Bill Sponsor(s) Summary Position Status The Rezoning • Idle defined as at least 80 percent of leased or rentable square footage Submitted of Idle Retail not occupied for at least one year. on 3/30/21 Sites Zoning would be by right. • Work force housing for lower- or moderate-income households with 55- year affordability term for a rental and 45-year term for ownership. SB 765 Stern Gives local governments the option to return to any setback regulations Watch Two-Year Bill Accessory they had established prior to the state law mandating the 4-foot setback (active thru Jan dwelling units: that took effect in 2020. The bill would authorize an accessory dwelling unit 2022) setbacks. applicant to submit a request to the local agency for an alternative rear and side yard setback requirement if the local agency’s setback requirements make the building of the accessory dwelling unit infeasible. TRANSPORTATION AB 1091 Santa Berman Current law creates the Santa Clara Valley Transportation Authority (VTA) Oppose – Two-Year Bill Clara Valley with various powers and duties relative to transportation projects and Letter (active thru Jan Transportatio services and the operation of public transit in the County of Santa Clara. Submitted 2022) n Authority: Current law vests the government of the VTA in a 12-member board of 4/15/21 Board of directors whose terms of office are two years. Under existing law, only Directors members of the county board of supervisors and city council members and mayors of cities in the county are authorized to serve on the board. Current law provides for the appointment of the board members by those local governments, as specified. This bill, on and after July 1, 2022, would reduce the size of the board to 9 members, increase their terms of office to 4 years, and provide for residents living in the county, rather than local officials, to serve on the board, as specified. AB 43 Friedman Current law establishes various default speed limits for vehicles upon Support 8/19/21 Traffic Safety highways, as specified. Current law authorizes state and local Senate Assembly authorities to adjust these default speed limits, as specified, based Bills – Third upon certain findings determined by an engineering and traffic Reading File survey. Existing law defines an engineering and traffic survey and prescribes specified factors that must be included in the survey, including prevailing speeds and road conditions. Current law 6 8/19/2021  2021 Legislation - Bills to Watch Bill Sponsor(s) Summary Position Status authorizes local authorities to consider additional factors, including pedestrian and bicyclist safety. This bill would authorize local authorities to consider the safety of vulnerable pedestrian groups, as specified. AB 773 Nazarian Would authorize a local authority to adopt a rule or regulation by ordinance Support 8/19/21 Street to implement a slow street program, which may include closures to Senate Assembly closures and vehicular traffic or through vehicular traffic of neighborhood local streets Bills – Third designations with connections to citywide bicycle networks, destinations that are within Reading File walking distance, or green space. The bill would require the local authority to meet specified conditions to implement a slow street, including a determination that closure or traffic restriction is necessary for the safety and protection of persons using the closed or restricted portion of the street, conducting an outreach and engagement process, and clearly designating the closure or traffic restriction with specific signage. BROADBAND SB 556 Dodd Would prohibit a local government or local publicly owned electric utility Oppose – 8/19/21 Streetlight from unreasonably denying the leasing or licensing of its street light poles Letter Assembly poles, traffic or traffic signal poles to communications service providers for the purpose submitted Appropriations signals: small of placing small wireless facilities on those poles. The bill would require on 4/15/21 wireless that street light poles and traffic signal poles be made available for the facilities placement of small wireless facilities under fair, reasonable, and CalCities: attachments nondiscriminatory fees, subject to specified requirements, consistent with a Oppose specified decision of the Federal Communications Commission. AB 14 Aguiar- Existing law establishes the State Department of Education in state City: No 8/16/21 Communicatio Curry government, and vests the department with specified powers and duties position Senate ns: Broadband relating to the state’s public school system. This bill would authorize local Apprporiations: Services: educational agencies to report to the department their pupils’ estimated CalCities: Referred to California needs for computing devices and internet connectivity adequate for at- Support suspense file. Advanced home learning. The bill would require the department, in consultation with Services Fund 7 8/19/2021  2021 Legislation - Bills to Watch Bill Sponsor(s) Summary Position Status the Public Utilities Commission, to compile that information and to annually post that compiled information on the department’s internet website. AB 34 Muratsuchi Would propose a $10 billion general obligation bond measure on the Assembly Privacy Communicatio November 2022 ballot to provide funding for statewide broadband and Consumer ns: Broadband infrastructure in unserved and underserved communities throughout the Protection. for All Act of State, and funds could be allocated to cities, among other entities. Held under 2022 submission. SB 4 Gonzalez Current law establishes the Governor’s Office of Business and Economic City: No 8/19/21 Communicatio Development, known as “GO-Biz,” within the Governor’s office to serve the position Assembly ns: California Governor as the lead entity for economic strategy and the marketing of Communications Advanced California on issues relating to business development, private sector CalCities: and Conveyance Services Fund investment, and economic growth. This bill would require the office to Support - Hearing coordinate with other relevant state and local agencies and national postponed by organizations to explore ways to facilitate streamlining of local land use Committee approvals and construction permit processes for projects related to broadband infrastructure deployment and connectivity. GOVERNANCE AB 339 State Lee Current law requires all meetings, as defined, of a house of the Legislature City: No 8/19/21 and Local or a committee thereof to be open and public, and requires all persons to position Senate Assembly Government: be permitted to attend the meetings, except as specified. This bill would Bills – Third Open require all meetings in jurisdictions with population over 250,000, including CalCities: Reading File Meetings gatherings using teleconference technology, to include an opportunity for Oppose all persons to attend via a call-in option or an internet-based service option that provides closed captioning services and requires both a call-in and an internet-based service option to be provided to the public. SB 278 Public Leyva Would establish new procedures under Public Employees’ Retirement Law Oppose – 7/7/21 Employees’ (PERL) for cases in which PERS determines that the benefits of a member or Letter Placed on Retirement annuitant are, or would be, based on disallowed compensation that Submitted Suspense File System: conflicts with PEPRA and other specified laws and thus impermissible under on 3/30/21 disallowed PERL. The bill would also apply these procedures retroactively to 8 8/19/2021  2021 Legislation - Bills to Watch Bill Sponsor(s) Summary Position Status compensation determinations made on or after January 1, 2017, if an appeal has been : benefit filed and the employee member, survivor, or beneficiary has not exhausted adjustments. 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. The bill would require that contributions made on the disallowed compensation, for active members, be credited against future contributions on behalf of the state, school employer, or contracting agency that reported the disallowed compensation and would require that the state, school employer, or contracting agency return to the member any contributions paid by the member or on the member’s behalf. REVENUE AND TAXATION SB 555 Local McGuire This bill would authorize a local agency to enact an ordinance exclusively Support – 8/19/21 Agencies: delegating its authority to collect any transient occupancy tax imposed by Assembly Transient that local agency on short-term rentals to the California Department of Tax Letter re- Appropriations Occupancy and Fee Administration and to enter into a contract with the department submitted taxes: Online for purposes of registration, rate posting, collection, and transmission of on 6/21/21 Short Term revenues necessary to collect and administer any transient occupancy tax Rental imposed on a short-term rental as specified in this bill. Letter Facilitator: Submitted Collection This bill would require the department to perform those functions, as on 3/22/21 specified, and would require all local charges collected by the department to be deposited in the Local Charges for Short-term Rentals Fund, which would be created by the bill in the State Treasury. This bill would continuously appropriate all amounts in the fund to the department and would require the department to transmit the funds to the local agencies periodically as promptly as feasible, as provided. Local agencies that do not currently have a TOT collection agreement would be able to opt-in to the program. 9 8/19/2021  2021 Legislation - Bills to Watch Bill Sponsor(s) Summary Position Status AB 1181 Fees: Nguyen R Would prohibit cities and counties, including charter cities and counties, Oppose Two-Year Bill business from imposing or collecting license fees from restaurants from January 1, (active thru Jan licenses: 2020, to December 31, 2021, as provided, and would require the city or 2022) alcoholic county to refund to a restaurant any license fees collected during that beverages: period. By imposing new duties on cities and counties with respect to health permits imposing or collecting specified license fees, and by requiring that the fees be refunded, this bill would impose a state-mandated local program. ENERGY AB 987 Low Would require increased reporting for Investor Owned Utilities on planned Support Two-Year Bill Electrical and unplanned electricity outages (City of San Jose is a sponsor) (active thru Jan Corporations: 2022) Reporting. SB-67 Clean Becker Current law establishes as policy of the state that eligible renewable energy CalCities: Two-Year Bill energy: resources and zero-carbon resources supply 100% of retail sales of Watch (active thru Jan California electricity to California end-use customers and 100% of electricity procured 2022) 24/7 Clean to serve all state agencies by December 31, 2045. This bill would revise that Energy policy to establish a goal that 100% of electrical load be supplied by eligible Standard clean energy resources, as defined. The bill would establish the California Program 24/7 Clean Energy Standard Program, which would require that 85% of retail sales annually and at least 60% of retail sales within certain subperiods by December 31, 2030, and 90% of retail sales annually and at least 75% of retail sales within certain subperiods by December 31, 2035, be supplied by eligible clean energy resources, as defined. ENVIRONMENTAL SB-619 Laird Current law requires the Department of Resources Recycling and Recovery, No Position 8/19/21 Organic in consultation with the state board, to adopt regulations to achieve those Assembly waste: targets for reducing organic waste in landfills, and authorizes those CalCities: Appropriations reduction regulations to require local jurisdictions to impose requirements on Oppose regulations generators or other relevant entities within their jurisdiction, to authorize local jurisdictions to impose penalties on generators for noncompliance, 10 8/19/2021  2021 Legislation - Bills to Watch Bill Sponsor(s) Summary Position Status and to include penalties to be imposed by the department for noncompliance. Current law provides that those regulations shall take effect on or after January 1, 2022, except that the imposition of penalties by local jurisdictions pursuant to the regulations shall not take effect until 2 years after the effective date of the regulations. This bill would delay the effective date of the regulations from January 1, 2022, to January 1 of an unspecified year, and would provide that the operative date of each of the requirements in the regulations in effect as of December 31, 2021, shall be an unspecified amount of years after the operative date identified in the regulations. AB 377 Water Rivas Would require all California surface waters to attain applicable beneficial Oppose- Two-Year Bill quality: uses by January 1, 2050. The bill would require the state board and regional Letter (active thru Jan impaired boards, when issuing an NPDES permit, a waste discharge requirement, or a Submitted 2022) waters. waiver of a waste discharge requirement, to require that the discharge to on 4/13/21 surface water does not cause or contribute to an exceedance of an applicable water quality standard in receiving waters, and to not authorize the use of a best management practice permit term to authorize a discharge to surface water that causes or contributes to an exceedance of an applicable water quality standard in receiving waters. 11 8/19/2021