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Bills Impacting Cities Reach Governor’s Desk

September 18, 2015
Scores of bills — including many of interest to cities — reached the desk of Gov. Jerry Brown before the Legislature’s Sept. 11 deadline.
 
The Governor now has until Oct. 11 to sign or veto bills.

The following is a list of bills on which the League is urging the governor to sign or veto. Cities should submit letters regarding bills in which they have an interest. For more information on legislative language, the League’s position letters and sample position letters for cities, please enter bill number in the League’s bill search. Sign or veto letters may also be submitted through the League’s online action center.
 
Request for Signature
 
HOT AB 2 (Alejo): Community Revitalization and Investment Authorities
This bill would authorize the creation of a new entity at the local level called a Community Revitalization Investment Authority that would provide a redevelopment option for the most disadvantaged and poorest areas of our state.
 
HOT AB 35 (Chiu, Atkins): Housing Tax Credit
AB 35 would increase the state’s Low-Income Housing Tax Credit from $70 to $170 million annually for five years, providing an additional $500 million to a program that is always heavily oversubscribed.
 
AB 90 (Chau): Federal Housing Trust Fund
This bill would prepare for the future allocations by designating the state Department of Housing and Community Development (HCD) as the entity responsible for administering funds received through the Federal Housing Trust Fund. It would require HCD to collaborate with the California Housing Finance Agency in developing an allocation process meeting geographic distribution and other criteria and establishes a stakeholder process to inform these discussions.
 
AB 169 (Maienschein): Local Government: Public Records: Internet
This bill would require that agencies that maintain an Internet Resource which is titled or described as “open-data” meet specified formatting requirements.
 
AB 216 (Garcia): Vapor Products
This bill would prohibit the sale of any device intended to deliver a non-nicotine product in a vapor state, to be directly inhaled by the user, to a person under 18 years of age.
 
HOT AB 243 (Wood): Medical Marijuana
AB 243 would require: licensing and regulation of marijuana cultivation under the Department of Food and Agriculture (DFA); the Department of Pesticide Regulation to develop related standards for pesticides and other foreign object residue, including maximum tolerances; and the Department of Public Health to develop standards for production and labelling of marijuana edibles. This bill would also assign joint responsibility to DFA, the Department of Fish and Wildlife (DFW) and the State Water Resources Control Board (SWRCB) to prevent illegal water diversion associated with marijuana cultivation from adversely affecting California fish population. The bill would also direct a multi-agency task force (DFW-SWRCB) to expand existing enforcement efforts to a statewide level to reduce adverse environmental impacts such as illegal discharge into waterways and poisoning of marine life and habitats.
 
HOT AB 266 (Bonta, Cooley, Jones-Sawyer, Lackey, Wood): Medical Marijuana
AB 266 would protect local control as it establishes statewide regulatory scheme. Under the bill, state regulation would be headed by the Bureau of Marijuana Regulation within Department of Consumer Affairs. The bill would provide for dual licensing: the state would issue licenses, while local governments would issue permits or licenses to operate marijuana businesses, according to local ordinances. This legislation would also require establishment of uniform health and safety standards, testing standards, and security requirements at dispensaries and during transport of the product.
 
AB 313 (Atkins): Enhanced Infrastructure Finance District: Cleanup
This bill would make various improvements to the Enhanced Infrastructure Finance District tool to facilitate implementation.
 
AB 388 (Chang): Homeless Veteran’s Housing Funding Reports
AB 388 would require the HCD to report specified performance data to the Legislature as part of an annual evaluation performed by the department, in collaboration with the Department of Veterans Affairs, on the expenditure of $600 million in bonds, authorized by Prop. 41, for a variety of housing options including assisting homeless veterans.
 
AB 428 (Nazarian): Seismic Rehabilitation Tax Credits
This bill would offer a 30 percent tax credit for seismic rehabilitation of endangered properties, capped at a total of $12 million per-year over a four-year program.
 
AB 851 (Mayes): LAFCO: Disincorporation
AB 851 would update existing disincorporation laws, including requiring plan for providing services to the area following disincorporation.
 
AB 1157 (Nazarian): Aircraft Property Tax Assessment
This bill would continue the existing aircraft property tax assessment program based on local county assessors for one year.
 
AB 1222 (Bloom): Tow Trucks
This bill would address the problem of tow truck scams by requiring better documentation and providing tools for better enforcement.
 
HOT AB 1223 (O’Donnell): Emergency Medical Services: Ambulance Transportation
AB 1223 would alleviate wait time for emergency medical services (EMS) personnel delivering patients by requiring the California Emergency Medical Services Authority to develop a methodology for determining an acceptable amount of time for EMS crews to offload their patients at emergency rooms. The bill would require local EMS authorities to adopt this methodology and begin tracking wait times, and it would give EMS crews the ability to deliver their patients to alternative treatment locations when emergency departments cannot receive them.
 
AB 1228 (Gibson): Housing for Homeless and Foster Youth
This bill would encourage additional flexibility in student housing facilities at state community college and university campuses for the challenges faced by students who are formerly homeless and foster youth.
 
HOT SB 25 (Roth): Incorporations
This bill would assist, through a property tax adjustment, four recently incorporated cities harmed by prior vehicle license fee takeaway.
 
SB 168 (Gaines, Jackson): Unmanned Aircraft Systems
This bill would provide first-responder immunity for damage to drones interfering with firefighting, airborne or ground ambulances and search-and-rescue operations. It increases fines for violation of existing laws prohibiting operations in flight-restricted airspace during emergencies.
 
HOT SB 485 (Hernandez): County of L.A.: Sanitation Districts
SB 485 would authorize sanitation districts in Los Angeles County to acquire, construct, operate, maintain and furnish facilities for the diversion, management, and treatment of stormwater and dry weather runoff.
 
HOT SB 493 (Cannella): Elections in Cities: By or From Districts
SB 493 would authorize a city council of a city with a population less than 100,000 to adopt an ordinance to switch the election system from at-large to by-district.
 
SB 533 (Pan): Sales Tax Rebate Agreements
This bill would amend existing law to remove several exceptions which enable sales tax rebate agreements that result in shifts of local Bradley-Burns sales taxes. SB 533 would require notification of affected agencies prior to enacting future agreements that would result in reduced sales tax allocations to the affected agencies.
 
HOT SB 643 (McGuire): Medical Marijuana
This bill would impose fines of up to $5,000 against physicians for violating the prohibition against having a financial interest in a marijuana business. Recommendations for cannabis without a prior examination would constitute unprofessional conduct. This bill would also: impose restrictions on advertising for physician recommendations; place Department of Food and Agriculture in charge of cultivation regulations and licensing, and require a track-and-trace program; itemize disqualifying felonies for state licensure; place the Department of Pesticide Regulation in charge of pesticide regulation and Department of Public Health in charge of production and labelling of edibles; uphold local power to levy fees and taxes.
 
Request for Veto
 
HOT AB 36 (Campos): Local Government: Federal Surplus Property
This bill would prohibit local agencies from receiving surplus military equipment under the federal 1033 program unless the legislative body of the local agency has first voted to approve the acquisition at a public meeting that is compliant with the Brown Act. Amendments allowing for closed-session votes and limited disclosure about approved equipment under specified circumstances were deleted from bill.
 
HOT AB 57 (Quirk): Wireless Telecom Facilities
This bill would deem approved any application for colocation or siting of a new wireless telecommunications facility if a city or county fails to approve or disapprove the application within time periods that the Federal Communications Commission established.
 
AB 88 (Gomez): Sales Tax Exemption: Utility Appliance Purchases
This bill seeks to expand the scope of utility programs that provide free appliances to low income individuals, by exempting the utility from sales tax (both state and local shares) associated with the equipment purchases. While the policy objective may have merit, the bill gives away local shares of sales tax which are needed to fund basic services. The state should be free decide when to offer its own shares of sales tax as an incentive, but not local shares which should remain a local decision.
 
HOT AB 305 (Gonzalez): Workers’ Compensation: Permanent Disability Apportionment
AB 305 would prohibit apportionment of a permanent disability claim in the case of a physical injury from being based on: pregnancy (or menopause if the condition is contemporaneous with the claimed physical injury) or psychiatric injury occurring on or from being based on psychiatric disability or impairment caused by sexual harassment.
 
HOT AB 744 (Chau): Density Bonus-Parking
AB 744 would undermine local control by establishing unrealistically low parking standards for various affordable housing projects.
 
AB 1236 (Chiu): EV Charging Stations
This bill would require cities and counties to streamline and expedite the permitting and inspection process for electric vehicle charging stations.
 
AB 1301 (Jones-Sawyer): Voting Rights: Preclearance
AB 1301 would establish a statewide preclearance system, requiring that voting-related laws, regulations and policies be submitted to the Secretary of State for approval.
 
HOT SB 239 (Hertzberg): Fire Service Contracting/LAFCO: Request for Veto
This bill would impose significant barriers to new or extensions of contracts for firefighting services outside of jurisdictional boundaries, without the approval of affected labor groups.
 
HOT SB 331 (Mendoza): Public Contracts: Local Agencies: Negotiations
SB 331 would require that cities, counties or special districts that have a COIN ordinance for labor negotiations to apply the same standards to other contracts valued at $250,000 or more for goods or services.
 
SB 379 (Jackson): Land Use: Safety Element
This bill would require the safety element to be reviewed and updated as necessary to address climate adaptation and resiliency strategies applicable to that city or county.
 
SB 406 (Jackson): Employment: Leave
This bill would change what family members are covered under existing law. It would also permit parents who work for the same employer to each take 12 weeks of leave.
 
No Position
 
SB 107 (Budget): RDA Dissolution
This legislation would make numerous changes to redevelopment dissolution laws; this 104 page bill came into print and was approved on Sept. 11th, the last day of the session. Since the bill is sponsored by the Administration, there is little doubt the Governor will not sign it. The League raised concerns with provisions related to the repayment of city loans. While the loan-related language has improved from previous versions contained in AB 113, and a letter to the Journal was submitted to clarify aspects, the impacts on cities affected by this issue will depend on future Department of Finance interpretation and implementation. There are also other provisions in the measure of direct benefit to cities and other agencies. In anticipation of a signature, the League is working on a detailed explanation for its members to be distributed in the coming days.
 


 
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