Home > News > News Articles > 2019 > September > Governor’s Action Pending on Bills Impacting Cities
News Feed

Governor’s Action Pending on Bills Impacting Cities

Cities Should Send Signature and Veto Requests Now

September 17, 2019
The Legislature wrapped up its 2019 legislative business with a drama-filled session ending around 3:00 a.m. Saturday, Sept. 13. 
 
Now Gov. Gavin Newsom must decide whether to sign or veto the hundreds of bills on his desk by midnight Oct. 13. This year, the League submitted 17 requests for signatures and 16 requests for vetoes.   
 
Housing supply and affordability remained a top issue for the Legislature this session. Amongst several measures approved by the Legislature and awaiting the Governor’s decision is League-sponsored SB 5 (Beall/McGuire/Portantino). This bill creates a local-state partnership with up to $2 billion annually to fund state-approved affordable housing, infrastructure and economic development projects. The projects would also support state policies to reduce greenhouse gas emissions, expand transit-oriented development (TOD), address poverty and revitalize neighborhoods. The League requests the Governor’s signature on this bill and urges cities to send a similar request to the Governor as soon as possible. A sample letter can be found here.
 
The League is also requesting a signature on SB 329 (Mitchell), which prohibits landlords from discriminating against tenants who rely upon housing assistance paid directly to landlords, such as a Section 8 voucher. 
 
Unfortunately, the Legislature also sent SB 330 (Skinner) to the Governor, which, among other issues, would prohibit a city from imposing any fee, except CEQA-related fees, after the submittal of a “preliminary” application. This would essentially ban project-specific fees because these fees cannot be determined until a city fully analyzes the project. Given this omission, more local projects would likely be subject to full environmental impact reports (EIRs) in order to ensure project-specific impacts are addressed. The Governor, however, has spoken positively about this bill, and is likely to sign. Still, given the problems with localities being unable to address project specific impacts absent EIRs, the League is requesting a veto on this bill and urges cities to send a request for veto to the Governor.
 
Another problematic measure is AB 1763 (Chiu), which allows 100 percent affordable housing within one half mile of a major transit stop to be up to three stories higher than other buildings with no more than one-half parking spot per unit. Such a measure could undermine a city’s state certified housing element and community-based housing plans, as well as alter existing land use policies based on transit services that are not under the authority of local jurisdictions. The League has requested a veto.
 
The Legislature also passed three bills on Accessory Dwelling Units (ADU). Cities already face challenges with updating ordinances to comply with recent ADU laws and continue to experience an erosion of local authority in this area, therefore, the League is requesting vetoes on all three bills. The most problematic bill is SB 13 (Wieckowski), which would prohibit local jurisdictions from imposing impact fees on ADUs less than 750 square feet, and limit charges on ADUs over 750 square feet to 25 percent of fees for a new single-family dwelling on the same lot.
 
Related to telecommunications, the League is requesting signatures on two measures. SB 670 (McGuire) requires telecommunications providers to notify the California Office of Emergency Services (CalOES) of 911 service or emergency warning outages. SB 344 (McGuire) helps collect local utility users’ taxes on mobile prepaid services with a one-year extension of the sunset date to the Local Prepaid Mobile Telephony Services Collection Act (Local Prepaid MTS) until Jan.1, 2021.  
 
On taxation, the League is requesting a signature on SB 531 (Glazer), which prohibits future sales tax agreements between local agencies and retailers with a warehouse, sales office or fulfillment center that results in a shift of sales taxes from other jurisdictions.
 
In the area of local governance, the League is requesting the Governor’s veto of AB 931 (Boerner Horvath), which prohibits cities with populations over 50,000 from having nonelected local boards and commissions comprised of more than 60 percent of the same gender identity beginning January 1, 2030. While well intended, this measure remains legally flawed and expose cities to litigation. The League is also requesting a veto of AB 1184 (Gloria), which imposes onerous record retention requirements on all public agencies. The bill requires all public records transmitted electronically to be stored for at least two years and prohibits local agencies from filing a state mandate claim because the bill states that it furthers the California Public Records Act (CPRA).
 
For more information on legislative language, the League’s position letters and sample position letters for cities, please enter the bill number in the League’s bill search. Cities can also submit sign or veto letters on priority bills through the League’s online action center
 
The League thanks California city officials for their contributions to advocacy efforts on behalf of local communities.
 
The following is a list of bills in which the League is urging the Governor to sign or veto.
 
Cities should submit letters regarding bills in which they have an interest. League lobbyists encourage more letters on bills identified with an asterisk (*).
 
Request for Signature
AB 220 (Bonta) Political Reform Act of 1974. Campaign Funds. Childcare Costs.
Clarifies that a candidate running for office is authorized to use campaign funds to pay for childcare expenses.
 
AB 344 (Calderon) New Beginnings California Program.
Establishes the New Beginnings California Program, which will provide annual matching funds to up to 50 cities, counties, or local continuum of care programs to expand or continue employment programs for homeless individuals. 
 
AB 836 (Wicks) Wildfire Smoke Clean Air Centers.
Establishes the Wildfire Smoke Clean Air Centers for Vulnerable Populations Incentive Pilot Program. This grant program seeks to create a network of clean air centers by providing funding to public facilities for smoke-protective filtration systems.
 
AB 1079 (Santiago). Telecommunications. Privacy Protections.
Authorizes public safety agencies to test the systems that respond to 911 calls or communicate threats to life or property on unpublished or unlisted telephone numbers without first obtaining the subscriber's express consent.
 
AB 1110 (Friedman) Rent Increases. Noticing.
Lengthens the notification time requirement a tenant must receive before the effective date of specified rent increases.
 
AB 1212 (Levine) Public Employees’ Retirement. Pension Fund Management. In-State Infrastructure.
Requires a state agency that is responsible for infrastructure projects to produce a list of priority infrastructure projects for funding consideration by the boards of the California Public Employees' Retirement System (CalPERS), California State Teachers' Retirement System (CalSTRS) and the boards of investment and retirement for 1937 Act county retirement systems (CERL), respectively, and the state agency to provide further project information to the board upon request. 
 
AB 1637 (Smith) Unclaimed Property Law.
Authorizes the State Controller to automatically allocate to a state or local agency, without the requirement for an agency to file a claim, any unclaimed property in that agency’s name received as part of the Controller’s unclaimed property database.
 
*SB 5 (Beall, McGuire, Portantino) Affordable Housing and Community Development Investment Program.
Establishes a new, local-State partnership to provide up to $2 billion annually to fund State approved affordable housing, infrastructure, and  economic development projects that also support State policies to reduce greenhouse gas emissions, expand transit oriented development (TOD),address poverty, and revitalize neighborhoods.
 
SB 137 (Dodd) Federal Transportation Funds. State Exchange Programs.
Authorizes Caltrans to expand the existing Match-Exchange Program to regions with populations greater than 200,000 that would allow the department to swap its funds with federal funds local agencies receive for transportation projects, for purposes of reducing duplicative federal environmental review requirements.
 
SB 209 (Dodd) Office of Emergency Services. Wildfire Forecast and Threat Intelligence Integration Center.
Establishes the Wildfire Forecast and Threat Intelligence Integration Center to serve as the State’s integrated central organizing hub for wildfire forecasting, weather information, and threat intelligence gathering.
 
SB 212 (Allen) Elections. Local Voting Methods.
Grants general law cities the ability to adopt two majority-winner voting methods for local elections: top-two primary and ranked choice voting.
 
SB 230 (Caballero) Law Enforcement. Use of Deadly Force. Training. Policies. Signed by Governor.
Requires law enforcement agencies to maintain a use of force policy. Requires each agency to make its use of force policy accessible to the public. Standardizes use of force training and education for officers across California through both coursework and uniform minimum guidelines on use of force, as developed by the Commission on POST.
 
*SB 329 (Mitchell) Discrimination. Housing. Source of Income.
Prohibits landlords from discriminating against tenants who rely upon housing assistance paid directly to landlords, such as a Section 8 voucher, to help them pay the rent. 
 
*SB 344 (McGuire) UUT Prepaid Mobile Telephony Collection.
This measure grants a one-year extension of a sunset date to the Local Prepaid Mobile Telephony Services Collection Act (Local Prepaid MTS) until January 1, 2021, to ensure the affected local agencies can continue to implement this law and collect revenue needed for local services.
 
*SB 531 (Glazer) Local Agencies. Retailers.
Prohibits future sales tax agreements between local agencies and retailers with a warehouse, sales office, or fulfillment center that results in a shift of sales taxes from other jurisdictions.
 
SB 670 (McGuire) Telecommunications. Community Isolation Outage. Notification.
Requires telecommunications service providers to submit a specified outage notification to the Office of Emergency Services (OES) when a telecommunications outage impacting 911 service and emergency notifications occurs. The Office of Emergency Services is then responsible for notifying the appropriate county offices of emergency services, public safety answering points (PSAPs), and sheriffs for areas affected by an outage. 
 
SB 681 (Stern) Local Referenda and Charter Amendments. Withdrawal.
Provides local jurisdictions with the ability to withdraw referenda or charter amendments up to 88 days prior to an election. 
 
Request for Veto 
AB 68 (Ting) Land Use. Accessory Dwelling Units.
Significantly amends the statewide standards that apply to locally-adopted ordinances concerning accessory dwelling units (ADUs). Changes include: prohibits minimum lot size requirements; requires at least 850 sq.ft. per ADU; and requires approval within 60 days.
 
AB 171 (Gonzalez) Employment. Sexual harassment.
Creates another pathway for costly litigation against employers for issues that are already protected under the Fair Employment and Housing Act (FEHA) by adding sexual harassment retaliation protections to the Labor Code.
 
AB 314 (Bonta) Public employees. Labor relations. Release time.
Creates a uniform and expanded standard of time off without loss of compensation for public employees to engage in activities related to employer-employee relations, also known as “release time.”
 
AB 485 (Medina) Local government. Economic Development Subsidies.
Imposes an extensive and onerous list of conditions that would overly restrict a local agency from offering economic incentives (with their own funds) to locate a warehouse.
 
AB 881 (Bloom) Accessory Dwelling Units.
Prohibits a local jurisdiction from requiring a property owner live in the main house or one of the accessory structures. Requires local agencies to ministerially approve ADUs on lots with residential or mixed-use zones. Adds a definition of "public transit" to mean a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public.
 
*AB 931 (Boerner Horvath) Local Boards and Commissions. Representation. Appointments.
Prohibits cities, with populations over 50,000, from having nonelected local boards and commissions comprised of more than 60 percent of the same gender identity beginning January 1, 2030.
 
*AB 1184 (Gloria) Public Records. Writing Transmitted by Electronic Mail. Retention.
Requires all public agencies to store all public records transmitted electronically for at least two years. Additionally, prohibits local agencies from filing a state mandate claim because the bill states that it furthers the California Public Records Act (CPRA).
 
AB 1297 (McCarty) Firearms. Concealed Carry License.
Requires, rather than authorizes, a local licensing authority to charge a fee that is equal to the reasonable costs associated with processing a concealed carry weapon (CCW) license application, issuing a CCW license, and enforcing the license. The bill would also remove the current prohibition on charging more than $100 for the fee.
 
AB 1320 (Nazarian) Public Employee Retirement Systems. Prohibited Investments. Turkey.
Prohibits the California Public Employees' Retirement System (CalPERS) and the California State Teachers' Retirement System (CalSTRS) from investing in an investment vehicle issued or owned by the government of Turkey, if the federal government of the United States (U.S.) imposes sanctions on the government of Turkey for failing to officially acknowledge its responsibility for the Armenian Genocide, among other provisions.
 
AB 1483 (Grayson) Housing Data. Collection and Reporting.
Requires local jurisdictions to provide public information regarding its zoning ordinances, development standards, fees, exactions, and affordability requirements.  This information must be available on the local jurisdiction’s internet website.
 
AB 1600 (Kalra) Discovery. Personnel Records. Peace Officers and Custodial Officers.
Shortens the notice requirement in criminal cases when a defendant files a motion to discover police officer misconduct from 16-days to 10-days.  Creates a limited exception to the prohibition on the release of supervisorial officer records.
 
*AB 1763 (Chiu) Planning and Zoning. Density Bonuses. Affordable Housing.
Expands the existing Density Bonus Law (DBL) to require a city or county to award a developer significantly more density, additional concessions and incentives, and greater allowable height if 100% of the units in a development are restricted to lower income households.
 
*SB 13 (Wieckowski) Accessory Dwelling Units.
Prohibits local jurisdictions from imposing any impact fees on ADUs less than 750 square feet, and limit the charge on ADUs over 750 square feet to 25 percent of the fees otherwise charged for a new single-family dwelling on the same lot.  Prohibits replacement parking when a garage, carport, or covered parking structure is demolished or converted into an ADU.   This measure also prohibits owner occupancy requirements.
 
*SB 330 (Skinner) Housing Crisis Act of 2019.
Declares a statewide housing crisis and for a five-year period freezing nearly all development related fees once a developer submits a “preliminary” application, including essential project specific fees.
 
SB 518 (Wieckowski) Civil Actions. Settlement Offers.
Removes a key provision in current law that encourages settlements and avoids costly litigation in disputes between parties involving the Public Records Act.
 
SB 542 (Stern) Workers’ Compensation.
Creates a new presumption of industrial causation for all mental health conditions or mental disabilities that result in a diagnosis of post-traumatic stress disorder, or mental health disorder that develops or manifests itself during a period when a firefighter or peace officer is in service of the department.


 
© League of California Cities