BACKGROUND
Staff continues to monitor and update the master and priority lists of tracked legislation and continues to develop and advance the advocacy positions articulated by City departments on specific bills on the priority list of legislation. The City's master and priority lists will continue to be refined as the legislative session moves through the legislative calendar and deadlines.
Staff continues to focus on identifying bills that would impact local control, would have implications to both land use and housing and that would require the City to provide a service or benefit without appropriate and full funding, which ultimately would negatively impact City revenues including the General Fund, Enterprise Funds and sales or property taxes.
The following bills are a representative sample of the bills included in the initial list of priority legislation being tracked for the City:
Housing
• AB 2162 (Chiu) - Planning and Zoning: Housing Development (Oppose) - This bill would require that supportive housing be a use by right in zones where multifamily and mixed uses are permitted, including commercial zones permitting multifamily uses, if the proposed housing development meets specified criteria and would require a local government to approve, within specified periods, a supportive housing development that complies with these requirements.
Staff Comments: The City is opposed to this bill as it erodes local decisions and requirements and could have negative implications for neighborhoods where projects are constructed. The bill requires that supportive housing be a use by right in zones where multifamily and mixed uses are permitted if the proposed housing development meets specified criteria. Furthermore, it requires local governments to approve a supportive housing development that complies with these requirements and prohibits the local government from imposing any minimum parking requirement for units occupied by supportive housing residents under certain circumstances.
• AB 2372 (Gloria) Planning and Zoning: Density Bonus: Floor Area (Watch) - The bill would authorize a city council or county board of supervisors to establish a procedure by ordinance to grant a developer of an eligible housing development, upon the request of the developer, a floor area ratio bonus, calculated as provided, in lieu of a density bonus awarded on the basis of dwelling units per acre.
Staff Comments: The City is tracking this bill to ensure that amendments taken on the bill do not change the bill’s intent and to understand if the City would want to consider establishing the procedure outlined by the bill.
• AB 2753 (Friedman) Density Bonuses: Density Bonus Application (Watch) – This bill would require a city or county to provide the applicant with a determination as to the amount of density bonus and any parking ratios requested by the applicant for which the development is eligible and whether the applicant has provided adequate information to make a determination as to any incentives, concessions, or waivers or reductions development standards requested by the applicant.
Staff Comments: The City has taken a “watch” position on this bill to understand the implications of any amendments taken on the bill and if they change the City’s position. In addition, the City wants to understand if the bill would require any changes to the City’s land use or zoning process density bonuses.
Workforce Development/Homelessness
• AB 2596 (Cooley) Economic Development Strategic Action Plan (Support) - This bill would require the office to lead the preparation of a California Economic Development Strategic Action Plan, as specified, to commission a study to identify and evaluate economic development issues, and to create a comprehensive agenda and framework for inclusive statewide and regional economic growth. Authorizes the office to accept non-state moneys for the purposes of commissioning the study and developing the action plan.
Staff Comment: The City is supporting this bill because it requires the development of a statewide economic development plan that will help build a market-based, inclusive economy in California. Implementing a statewide strategic economic development plan will create an environment where all communities in California can engage in a cohesive conversation with the state about creating an inclusive, equitable economy with growth opportunities across regions. The bill utilizes a proven approach to regional economic development. Other states have used similar models to increase their competitiveness, and California should likewise adopt a comprehensive strategy through a statewide economic development plan.
• SB 918 (Wiener) Homeless Youth Act (Watch) – This bill require the Homeless Coordinating and Financing Council to assume additional responsibilities, including setting goals aimed at preventing and ending homelessness among youth in the state. Requires the council to oversee and administer specified grant programs for young people experiencing homelessness and their families. Imposes requirements for agencies eligible for grant funding to operate a homeless youth or shelter program.
Staff Comments: The City is watching this bill to understand what additional resources it would provide to end homelessness among youth in the state. The bill would establish the Office of Homeless Youth in the Department of Housing and Community Development and would set forth the duties of the office, including setting specific, measurable goals aimed at preventing and ending homelessness among youth. The bill would also require the council to identify funding, policy, and practice gaps across state systems that serve, or hold the potential to serve, young people experiencing homelessness in California.
• AB 2083 (Cooley) Foster Youth: Trauma Informed System of Care (Support) - This bill would require the Legislature to build upon the current Continuum of Care Reform implementation effort by, among other things, developing a coordinated, timely, and trauma-informed system-of-care approach for foster children and youth who have experienced severe trauma. The bill would require each county to develop and implement a memorandum of understanding, as specified, setting forth the roles and responsibilities of agencies and other entities that serve children and youth in foster care who have experienced severe trauma.
Staff Comments: The City supports this bill for the new resources and cooperation opportunities it would provide to establish the operation of an interagency leadership team and an interagency placement committee to address challenges facing foster children and youth who have experienced severe trauma.
Other Areas
• AB 2485 (Chau) Code Enforcement: Financially Interested Parties (Oppose) - This bill would prohibit a local official, as defined, who inspects a commercial property or business for compliance with a state statute or regulation or local ordinance from being accompanied during the inspection by a person with a potential financial interest in the outcome of the inspection, as defined, unless the person is the owner of the property or business, is the agent or representative of the owner, has an existing contract, or is a contractor or consultant, or a designated representative of a contractor or consultant, that is on a publicly available list of qualified bidders that may provide inspection, abatement, or remediation services to, and receive compensation for those services from, the local government, as specified.
Staff Comment: The City is opposed to this bill as it places unnecessary restrictions on local governments regarding building inspections and code enforcement. Furthermore, building officials often refer to subject matter experts when providing inspections. Although staff understands the intent of the bill, it is believed that issues with this process are far and few between and do not warrant the dramatic changes outlined by the bill. Financially interested parties, such as contractors, can be a resource, and can provide valuable insight into inspection and construction particulars. Limiting their access and communication with building officials during an inspection can be harmful to the client and the overall inspection process.
• SB 944 (Hertzberg) Community Paramedicine Act (Support) - This bill would create the Community Paramedicine Act of 2018. The bill would, until January 1, 2025, authorize a local EMS agency to develop a community paramedicine program, as defined, to provide specified community paramedic services.
Staff Comments: The City supports this bill for the opportunities it would offer to develop community paramedicine pilot programs. Community paramedicine can leverage a trusted community resource to deliver this important resource. This bill proposes a carefully structured process that includes robust legislative direction, state regulatory oversight, and local EMS agency autonomy to develop programs that best fit the needs in the local EMS agency's jurisdiction. In addition, community paramedicine can play an important role in improving California's health care delivery system.
• AB 2112 (Santiago) Federal 21st Century Cures Act: Crisis Response Plan (Support) - Requires the department to develop and submit an application to solicit a grant under federal law to develop a community-based crisis response plan and requires the grant application to include, at a minimum, and consistent with federal grant application requirements a plan for specified objectives. Requires the department to confer with specified stakeholders in developing its grant proposal and application.
Staff Comments: The City supports this bill for the possible new resources it could provide for community-based crisis response plans for those with mental health issues. Significant studies of California's behavioral health system have concluded that it is fragmented, unresponsive to consumer needs, does not always emphasize recover, and serves only a fraction of those in need. Comprehensive crisis services can improve patient outcomes, reduce emergency department and inpatient hospital stays and costs, and facilitate access to other necessary behavioral health services and supports.
Water Update
A proposed tax on California's drinking water, designed to clean up contaminated water for thousands of Californians, was abandoned by Gov. Jerry Brown and legislative leaders as part of the compromise on the state budget.
Lawmakers and Brown's office scrapped the "Safe and Affordable Drinking Water Act," which would have taxed residents 95 cents a month to raise millions for cleaning toxic wells. Instead, legislative leaders agreed to spend $5 million from the general fund to deal with lead in child care centers. They also plan to allocate $23.5 million from the general fund for "safe drinking water actions later in this legislative session," according to a Legislative Budget Conference Committee report.
The tax would have raised an estimated $140 million a year to address a massive statewide problem. About 360,000 Californians are served by water systems that violate state standards for nitrates, arsenic, uranium and other pollutants, according to a recent McClatchy investigation. The issue is concentrated in the San Joaquin Valley, although at least one supplier in 38 of the state's 58 counties is out of compliance.
The abandonment of the proposed tax was disclosed in the conference committee's report released soon after the governor's office announced that a deal had been reached with legislative leaders on a new budget. However, the administration said it hasn't given up on passing a drinking water tax at some point.
Conclusion
Government relations staff will actively advocate on the City’s priority legislation and will continue to refine the priority list during the coming weeks of the legislative session. Staff will remain actively engaged in informing the City’s state and federal representatives regarding the City’s positions as the bills move through the legislative process.