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The League’s Hot Bills List Updated after House of Origin Deadline

June 4, 2013
The League’s 2013 Hot Bills List has been updated to reflect the current status of bills of most importance to cities following the May 31 House of Origin deadline.
 
Several bills have been removed from the original list because they were stopped or are not expected to move this year; others have been added. The list below reflects the League’s Hot Bills as of June 4, 2013.

The League routinely takes positions on bills throughout the legislative session. Bills tracked by the League are marked as “watch” until such time that a policy position is taken. Typically, bill positions are taken early in the year on bills for which the League has standing policy. These policy positions can be found in the League’s Summary of Existing Policy and Guiding Principles. Bills identified by the League without a standing policy are referred by League staff to one or more of the League’s eight policy committees for a policy recommendation and the board of directors for a full position. 
 
All League position letters and select sample letters can be found under the bill number in the bill search function on the website.
 
SUPPORT
 
AB 440 (Gatto) Brownfield Remediation Authority: Cities, Counties & Housing Authorities
Authorizes cities, counties and housing authorities to use the brownfield remediation tools previously granted to redevelopment agencies under the Polanco Redevelopment Act.
 
AB 1147 (Gomez) Massage therapy.
Seeks to address issues surrounding legislation passed in 2008 that prohibited local governments from regulating or enacting ordinances for a business that employs certified massage therapists unless the requirements are “no different than the requirements that are uniformly applied to all other individuals and businesses providing professional services.” Recent amendments were added to the bill to reflect the League’s concerns in restoring local ability to properly regulate these businesses.
 
AB 1080 (Alejo) Community Revitalization and Investment Authorities
Authorizes the creation of a new entity at the local level, a Community Revitalization Investment Authority, to provide a redevelopment option for the most disadvantaged and poorest areas of the state. This is a critical first step to affording local governments with a return of a narrowed form or redevelopment authority.
           
AB 1229 (Atkins) Inclusionary Zoning
Reauthorizes inclusionary housing ordinances for rental units to address the 2009 Palmer/Sixth Street Properties v. City of Los Angeles decision. 
 
SCA 10 (Wolk) Legislative Procedure: Three Day Print Rule
Prohibits the Legislature from taking final action on a bill unless it has been in print for three days, except in narrow cases to address of a state of emergency declared by the Governor.
 
SB 33 (Wolk) Infrastructure Financing Districts
Provides major clarifications and improvements to Infrastructure Financing District Law, enabling local agencies to use this tool for a wide variety of local infrastructure needs.
 
SB 64 (Corbett) Proposition 39 Implementation
Requires the California Energy Commission to develop and administer programs to provide financial assistance to school districts, cities and counties to install energy efficiency and clean energy technology projects for their facilities.
 
SB 470 (Wright) Property Disposal/Brownfield Remediation
Provides cities and counties with enhanced flexibility when disposing of publicly-owned property for economic development purposes and would provide former Polanco Redevelopment Act brownfield remediation tools to cities and counties.
 
SB 391 (DeSaulnier) California Homes and Jobs Act
Generates $500 million annually for affordable housing needs through a $75 recordation fee on real estate transactions with the exception of home sales. Creating a reliable and permanent source of funds allows funding for affordable housing programs at dependable levels. The League requested and obtained an amendment to this legislation to support equitable geographic distribution of future revenues.
 
OPPOSE
 
AB 325 (Alejo) Housing Element Litigation: Four-Year Statute of Limitations 
Expands the statute of limitations from one to four years to sue a city or county over the adoption of a self-certified housing element, the adoption of a density bonus ordinance, least-cost zoning law, and growth limitation ordinances, and anything else related to the implementation of housing element or decisions on affordable housing projects. 
 
AB 537 (Bonta) Meyers-Milias-Brown Act: Impasse Procedures
Authorizes the representatives of a public agency or an employee organization to request mediation if an impasse is reached. Current law requires the public agency and employee organization to agree to mediation in the event of an impasse. Under this bill, no agreement is required and mediation is mandatory if either party requests it. Additionally, significant amendments added provisions regulating arbitration agreements, ground rules, contract ratification and employer-employee relations rules.
 
AB 562 (Williams) Economic development subsidies: review by local agencies.
Imposes many costly and burdensome mandates on local governments to track and maintain comprehensive data on any expenditure or loss of revenue by the local agency for economic development purposes valued more than $100,000. The measure also imposes additional requirements for public hearings, biennial reports, and publication of information on websites.
 
AB 616 (Bocanegra) Local Public Employee Organizations: Factfinding Panel
Extends the timeline of when an employee organization can request factfinding from 30 to 60 days and gives PERB authority to determine whether a “genuine impasse” has been reached before a matter can go to factfinding. This unnecessarily delays the negotiation process.
 
AB 667 (Hernandez) Land use: development project review: superstores.
Requires an exhaustive economic impact report to be prepared for a narrow set of projects —“superstores” (as defined) in “economic assistance areas.” Such stores could not be permitted prior to finding that the store will not materially adversely affect the economic welfare within an “impact area” of a five-mile radius around the proposed store. The reporting obligation is extremely lengthy and proscriptive, and the finding requirement would expose any approving agency to litigation.
 
AB 1333 (Hernández) Local government. Contracts.
Threatens decades of longstanding authority entrusted to local governments under the guise of creating greater transparency. This bill imposes state-mandated contract review and findings for local agency evergreen contracts of more than $250,000. This “camel’s nose under the tent” approach is unwarranted and unnecessary as current law requires openness and transparency in all actions of a local agency governing body and assumes local governments are incapable of making informed decisions in a transparent manner.  
 
AB 1373 (John A. Pérez) Workers' Compensation: Firefighters and Peace Officers
This is a reintroduction of AB 2451 (Pérez) of 2012 with one important change: Last year’s measure would have extended the statute of limitations from 240 to 480 weeks for a presumptive death benefit claim for cancer, tuberculosis, or MRSA to be filed on behalf of a firefighter or peace officer. AB 1373 leaves open the question of how long the statute of limitations should be by simply deleting the timeline. 
 
SB 7 (Steinberg) Public Works: Charter Cities
Prohibits a charter city from receiving or using state funding or financial assistance for all construction projects if the city has a charter provision or ordinance that authorizes a contractor to not comply with state prevailing wage requirements on any public works contract funded by city funds.
 
SB 311 (Padilla) Local Elections: Charter Amendments and Charter Proposals
Restricts a city’s ability to effectively and efficiently govern by restricting charter amendments and proposed charters to statewide general elections, thereby eliminating the option to place these items before the voters at regularly scheduled municipal elections and statewide primaries. By doing so the bill restricts cities’ flexibility to deal with technical changes that may be needed to avoid litigation or generate much needed revenue.
 
SB 313 (De León) Public Safety Officers Procedural Bill of Rights Act
Prohibits disciplinary action and denial of promotion against a public safety officer where such action or denial is based on the placement of his name on a “Brady list” due to evidence of bias on dishonesty on the part of that officer, pursuant to Brady v. Maryland (1963) 373 U.S. 83. The bill clarifies that disciplinary action/denial of promotion can be based on the underlying actions that led to placement of the officer’s name on the Brady list.
 
SB 556 (Corbett) Public Agency Liability Contractor Uniforms and Vehicles
Stipulates that a public agency that contracts for labor or services with a contractor is jointly and severally liable for any damages caused during or in connection with the performance of work performed under the contract if a member of the public is lead to believe that a contractor or its employees are agents of the public agency by wearing a substantially similar uniform of the public agency or by using the logo of the public agency on a vehicle operated by the contractor or its employees.


 
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