HomeMy Public PortalAbout09_10A_Legislative Update_Staff Report 2021_finaMANAGEMENT SERVICES DEPARTMENT
MEMORANDUM
DATE: January 19, 2020
TO: The Honorable City Council
FROM: Bryan Cook, City Manager
By: Tinny Chan, Management Analyst
SUBJECT: LEGISLATIVE UPDATE
RECOMMENDATION:
The City Council is requested to:
1.Receive and file this report on newly enacted state laws that will impact city services
and policies; and
2.Direct the City Manager to implement all required procedures and policies in
alignment with new and applicable state laws.
BACKGROUND:
1.On or before August 31, 2020, the California State Legislature passed a number of
regular bills that highlight the state’s focus on relevant issues including: affordable
housing, homelessness, police reform, and COVID-19.
2.On or before September 30, 2020, Governor Gavin Newsom signed the bills into
law, making them effective Jan. 1, 2021.
ANALYSIS:
The following provides summaries on pertinent bills that were signed into law and
effective Jan. 1, 2021, some of which were mentioned by the City Manager or City
Attorney in updates to the City Council in late 2020. The following bills were highlighted
in the League of California Cities’ 2020 Legislative Briefing (Attachment “A”).
AGENDA
ITEM 10.A.
City Council
January 19, 2021
Page 2 of 8
COMMUNITY SERVICES
AB 2213 (Limon) | CalOES Planning Guidance. Telecommunications.
• Requires CalOES to develop planning guidance to identify volunteers and donation
management resources that could assist in responding to or recovering from
disasters.
• Expands existing emergency notification programs, with clarification that
authorities may use wireless telephone subscriber data to enroll residents in local
alerting systems.
What this means for Temple City: This measure will allow the City to access contact
information of residents through records of SCE and cell phone service subscribers for
the purpose of enrolling them into the City's Emergency Notification System. It will also
allow the City to access the contact information of the access and functional needs
population and their emergency contacts, through social services for the sole purpose of
enrolling them in the City's Emergency Notification System.
HOUSING
AB 434 (Daly) | Housing Finance Programs.
• Aligns six rental housing programs with the Multifamily Housing Program, to enable
the state Department of Housing and Community Development to use a single
application and scoring system for making coordinated awards under all seven
programs, starting January 2022.
• Allows affordable housing developers to apply for different grant programs with the
Multifamily Housing Program with one application.
•
What this means for Temple City: Streamlines process for affordable housing
developers to apply for grants with the State. This does not impact the City
operationally.
AB 2553 (Ting) | Shelter Crisis Declarations.
• Expands on the Shelter Crisis Act AB 932 to all cities and counties in the state.
• Allows cities to declare a shelter crisis to allow homeless individuals to occupy
public facilities designated as emergency housing such as shelter beds, for the
duration of the crisis.
• Provides limitation on liability and suspends local housing, health, and safety
standards for public facilities to the extent that full compliance would hamper
effects of the shelter crisis.
What this means for Temple City: This law allows (but does not require) the City to
declare a Shelter Crisis to allow homeless individuals to use City facilities as emergency
housing, with limited liability.
City Council
January 19, 2021
Page 3 of 8
AB 168 (Aguilar-Curry) | Planning and Zoning. Streamlined Approvals.
• Requires notification and consultation of Native American tribes for proposed
developments. This includes a scoping consultation regarding the potential effects
the proposed development will have on a potential tribal cultural resource.
What this means for Temple City: The City will be providing notice and opportunities to
consult with Native American tribes per these new requirements.
AB 1561 (Garcia, Cristina) | Planning and Zoning. Housing Element.
• Enhances requirement for cities to evaluate impacts of environmental actions and
to consider housing costs and associated impacts to minority communities.
• Time frame for environmental impact reporting will be extended by 18 months.
• Extends by 30 days, the time frame for CEQA for a Native American Tribe to
respond to a lead agency relating to an environmental impact report for any
housing development project application.
What this means for Temple City: The City will be providing notice and opportunities to
consult with Native American tribes per these new requirements.
AB 725 (Wicks) | General Plans. Housing Element. Moderate-income and above-
income housing. Suburban and Urban Jurisdictions.
• Requires suburban and urban jurisdictions, though their housing element process,
to ensure that at least 25 percent of their regional housing need for moderate-
income housing be allocated to sites with zoning that allows at least four units of
housing, but no more than 100 units per acre of housing.
• Does not apply to housing elements due before Jan. 1, 2022.
What this means for Temple City: Temple City is in the midst of updating its Housing
Element from now until October 2021. The law will not apply to Temple City as the
Housing Element is due before Jan. 1, 2022. Important to keep in mind for future Housing
Element updates.
AB 2345 (Gonzalez) | Planning and Zoning. Density Bonuses. Annual Report.
• Revises Density Bonus Law to increase maximum allowable density and the
number of concession and incentives a developer can seek.
• Requires annual reporting that includes information on density bonuses granted
in accordance with the law.
What this means for Temple City: This means that developers who provide a certain
percentage of units at an affordable rate will be able to exceed the density allowed in the
City’s General Plan and Zoning Code. Developers will also be allowed to receive
“concessions” and “incentives” (in other words, variances) from City zoning codes that
inhibit the developer from building the maximum density. Lastly, the City is required to
annually report information on density bonuses that we granted. Temple City has never
received a density-bonus application, however, these provisions could pique local
development interest.
City Council
January 19, 2021
Page 4 of 8
AB 3088 (Chiu) | Tenancy. Rental Payment Default. Mortgage Forbearance. State of
Emergency.
• Tenants unable to pay their full rent due to COVID-19 accrued March 31, 2020 to
January 31, 2021 but have paid at least 25% of the back rent by January 31, 2021
cannot be evicted.
• Beginning February 1, 2021, landlords may evict tenants that do not pay at least
25% of back rent.
• In light of ongoing COVID-19 surges, the State is considering an extension of this
program.
What this means for Temple City: While the City enacted a temporary eviction moratorium
on March 31, 2020, the moratorium was superseded by the State's eviction moratorium
extensions throughout 2020. To mitigate potential evictions of TC residents, the City is
using its CDBG CARES Act funding on a residential rental assistance program.
AB 1851 (Wicks) | Religious Institution Affiliated Housing Development Projects.
Parking Requirements.
• Requires local agencies to ministerially approve a request to that local agency to
reduce or eliminate any parking requirements that would otherwise be imposed
by that local agency on the development if the housing development project
qualifies as a faith-based organization affiliated housing development project, as
defined.
• Prohibits local agencies from requiring the replacement of religious-use parking
spaces as part of an affordable housing development.
• Prohibits local agencies from denying a housing development proposed by
religious institutions solely on the basis that the project will reduce the total
number of parking spaces available, provided that the total reduction of spaces
does not exceed 50% of existing parking spaces.
• Cannot provide less than one space per residential unit, unless the development
is located within one-half mile walking distance of a high-transit corridor, or major
transit stop; or within one block of a car share vehicle.
What this means for Temple City: The potential impacts of this law remain to be seen.
Churches and other religious facilities within the City would be able to construct housing
with certain exceptions from the City’s codes related to the required parking for the church
and the multi-family use. Should any desire to take action under the law, the City would
have to comply with the law’s requirements in working with them.
PUBLIC SAFETY
AB 1775 (Jones-Sawyer) | False Reports and Harassment
• Increases penalties for knowingly using the 911 emergency system for the purpose
of harassing another based on perceived characteristics of a protected class.
City Council
January 19, 2021
Page 5 of 8
• Allows for civil action against persons who make false police reports or claims,
regardless of discriminatory motive, and classifies blatantly false reports to law
enforcement as a form of intimidation.
What this means for Temple City: Since the City is contracted with Los Angeles County
Sheriff’s Department, this would not affect the City operationally. It is important, however,
to understand how City operations to cross over with Sheriff’s Department operations and
the potential for complainants to the City to also be complaining to the Department.
REVENUE AND TAXATION
SB 1441 (McGuire)
• Extends operation of the local prepaid Mobile Telephone Services Act until
January 1, 2026.
• Allows local agencies to continue to collect UUT on retail sales of prepaid wireless
products and services.
What this means for Temple City: Nothing. The City does not collect User Utility Tax. As
with many tax matters, this is presented for informational purposes related to the City’s
financial stability and sound fiscal policy.
ACA 11 (Mullin) | Home Protection for Seniors, Severely Disabled, Families, and
Victims of Wildfire or Natural Disasters Act.
• The measure is Proposition 19, which passed during the General Election in
November, 2020.
• Authorizes an owner of a property who is over 55 years old, disabled, or a victim
of wildfire or natural disaster to transfer the taxable value of their primary residence
located anywhere in the state, regardless of location or value of the replacement
primary residence, within two years of the sale of the original primary residence.
What this means for Temple City: This measure would allow senior residents, disabled
persons, and victims of a natural disaster to transfer the taxable value of their primary
residence, within two years of the sale, to anywhere in the state, regardless of location or
value. For City financial purposes, it could have the effect of freezing or even reducing
the property tax basis on homes purchased by such persons. The impact does not appear
to be major.
SB 74 (Mitchell) | Budget Act of 2020
• $500 million to cities from the State’s share of the federal Coronavirus Relief Fund.
Nearly all funds have been distributed.
• $300 million to the Homeless Coordinating and Financing Council.
• $550 million through HUD for acquisition and rehabilitation of motels, hotels, or
hostels.
What this means for Temple City: The City has received its CARES Act allocation and
have applied the funds to a Temporary Residential Rental Assistance program and a
Small Business Relief grant program.
City Council
January 19, 2021
Page 6 of 8
AB 85 (Committee on Budget) | State Taxes and Charges.
• Makes changes that improve collection, reporting, limit tax credit, and extend sale
tax exemptions. Specifically, this measure:
o Requires used car dealers to remit the sales tax from a vehicle sale to the
Department of Motor Vehicles with the registration fee. This change is projected
to increase state and local revenues by millions of dollars; and
o Extends the sales and use tax exemption for diapers for infants, toddlers, and
children, and menstrual hygiene products to July 1, 2023.
What this means for Temple City: Sales tax exemptions on the above items will mean a
slight decrease in sales tax revenue for the City.
AB 1869 (Committee on Budget) | Criminal Fees.
• This measure, beginning July 2021, repeals statutes related to a set of statutorily-
defined criminal fees collected for administrative purposes. These fees are:
o $25 Administrative Processing Fee;
o $10 Citation Processing Fee;
o Public Defense Fees;
o Cost of Counsel;
o Public Defense Registration Fee; and
o Public Defense Fees for Minors.
o
What this means for Temple City: This law would not impact the City operationally.
AB 1872 (Committee on Budget) | Cannabis.
• Prohibits the California Department of Tax and Fee Administration from adjusting
the state excise tax on cannabis upward until July 1, 2021 and from adjusting the
cultivation tax for inflation until 2021.
• This measure also clarifies that the Board of State and Community Corrections is
prohibited from making grants to local governments that have banned indoor and
outdoor commercial cannabis cultivation or have banned the retail sale or cannabis
or cannabis products.
What this means for Temple City: The City prohibits indoor and outdoor commercial
cannabis cultivation and have banned the retail sale or cannabis or cannabis products.
Due to this, the City cannot receive grants from the Board of State and Community
Corrections. This law would not impact the City operationally.
SB 98 (Committee on Budget and Fiscal Review) | Education Finance.
• This measure requires the State Controller’s Office, in consultation with the
Department of Finance, to develop guidance for the allocation of K-12 Educational
Revenue Anticipation Fund (ERAF) by county auditor controllers. This will have
significant impact on ERAF allocations going forward.
What this means for Temple City: This law would not impact the City operationally in the
immediate term but could affect future ERAF allocations.
City Council
January 19, 2021
Page 7 of 8
TRANSPORTATION, COMMUNICATIONS, AND PUBLIC WORKS
AB 1286 (Muratsuchi) | Shared Mobility Devices. Agreements.
• Requires shared mobility device providers to obtain a permit or agreement with the
city or county it seeks to operate in and comply with all local operation, parking,
maintenance, and safety rules.
• Additionally, this measure requires shared mobility device providers to maintain
minimum commercial general liability insurance coverage of not less than $1
million for each occurrence of bodily injury or property damage, and not less than
$5 million aggregate for all occurrences during the policy period.
What this means for Temple City: Should a shared mobility device provider want to
operate in Temple City, it will need to comply with all of the City’s rules on parking,
maintenance, safety, etc. as well as obtain general liability insurance coverage. This
would protect the City from liability, as well as give the City more control in how shared
mobility devices operate in the City.
GOVERNANCE, TRANSPARENCY AND LABOR RELATIONS
SB 970 (Umberg) | Primary Election Date.
• Changes the date of statewide direct primary to the first Tuesday after the first
Monday in June in even-numbered years in which there is no presidential primary.
What this means for Temple City: In light of recent court decisions relating to the impact
of State law on charter city elections, this law will have no immediate effect on the City’s
election date.
AB 685 (Reyes) | COVID-19. Imminent Hazard to Employees. Exposure. Notification.
• Requires that if an employer or representative of the employer receives a notice of
potential exposure to COVID-19, the employer must take a prescribed set of
actions within one business day of the notice of potential exposure.
What this means for Temple City: The City must take action to notify City employees of
potential COVID-19 exposure within one business day of receiving notice.
AB 2257 (Gonzalez) | Worker Classification.
• Provides that public agencies may engage in bona fide business to business
relationships without having the contracted business be classified as employees
under the AB 5 (2019) employment test.
What this means for Temple City: This bill helps protect the City from certain liabilities
when contracting services from businesses.
SB 1159 (Hill) | Workers’ Compensation. COVID-19.
• Defines “injury” for an employee to include illness or death resulting from COVID-
19 under specified circumstances, until January 1, 2023. The measure creates a
disputable presumption, as specified, that the injury arose out of and in the course
of the employment and is compensable, for specified dates of injury.
City Council
January 19, 2021
Page 8 of 8
• Measure requires employees to exhaust their paid sick leave benefits and meet
specified certification requirements before receiving any temporary disability
benefits.
What this means for Temple City: City employees may file for workers’ compensation if
they contract COVID-19 while working. The employee must exhaust all of their paid sick
leave benefits and meet certain requirements.
AB 992 (Mullin) | Open Meetings. Local Agencies. Social Media.
• Provides that, until January 1, 2026, a member of a legislative body covered by
the Brown Act may engage in separate conversations or communications outside
of a meeting authorized by this act with any other person using social media
platforms.
• The communications may be to answer questions, provide information to the
public, or to solicit information from the public regarding a matter that is within the
jurisdiction of the legislative body.
• An elected official may not respond to any communication on social media,
regarding a matter that is within their jurisdiction that is made, posted, or shared
by any other member of the legislative body.
What this means for Temple City: City Councilmembers may engage with the public on
social media platforms, so long as they are answering questions or giving information
regarding matters within their jurisdiction. Councilmembers may not respond to one
another (even by “liking” or “sharing” comments) and should not like or comment on a
post by a member of the public that another Councilmember has already liked or
commented on.
CITY STRATEGIC GOAL:
Actions contained in this report align with the strategic goals of economic development,
sustainable infrastructure and good governance.
FISCAL IMPACT:
There is no fiscal impact associated with the requested Council action.
ATTACHMENT:
A. League of California Cities’ 2020 Legislative Briefing
2020 Legislative Briefing
Bills Signed into Law Webinar
Thursday, November 19, 2020
10:00 a.m. –12:00 p.m.
League of California Cities │ www.cacities.org
ATTACHMENT A
Agenda
•Introduction and Overview
•Community Services
•Environmental Quality
•Housing, Community, and Economic
Development
•Public Safety
•Revenue and Taxation
•Transportation, Communications,
and Public Works
•Governance, Transparency, and
Labor Relations
•What to Expect in 2021
ATTACHMENT A
Introduction and
Overview
Jason Rhine
Assistant Legislative Director
jrhine@cacities.org
League of California Cities │ www.cacities.org
ATTACHMENT A
Housekeeping Notes for Attendees
1. Please make sure your audio is connected. You should have been prompted to
connect your audio when joining the webinar, but you can confirm by clicking the
audio settings on your tool bar.
2. All attendees have been muted upon entry.
3. This webinar is being recorded.
ATTACHMENT A
How to Ask a Question
League of California Cities® │ www.cacities.org
You can also “up vote” other attendee’s questions if you have the same question. This
will help speakers prioritize questions during the Q&A portion of the presentation.
ATTACHMENT A
Melanie Perron,
Deputy Executive Director
Advocacy and Public Affairs
Jason Rhine,
Assistant Legislative
Director
Housing, Community, and
Economic Development
Bijan Mehryar,
Legislative Representative
Governance, Transparency, and
Labor Relations
Nick Romo,
Legislative Representative
Revenue and Taxation
Derek Dolfie,
Legislative Representative
Community Services; and
Environmental Quality
Cal Cities Legislative Team
League of California Cities │ www.cacities.org
ATTACHMENT A
Meg Desmond,
Legislative and Policy
Development Specialist
Johnnie Pina,
Legislative Analyst
•Housing, Community and
Economic Development
•Governance, Transparency
and Labor Relations
•Revenue and Taxation
Caroline Cirrincione,
Legislative Analyst
•Community Services
•Environmental Quality
•Public Safety
•Transportation,
Communications and Public
Works
Cal Cities Legislative Team
League of California Cities │ www.cacities.org
ATTACHMENT A
Community Services
Derek Dolfie
Legislative Representative
ddolfie@cacities.org
League of California Cities │ www.cacities.org
ATTACHMENT A
Natural Disaster Preparedness
AB 2213(Limon) Office of Emergency Services. Planning Guidance.
Telecommunications.
Chapter 98, Statutes of 2020
(Page 16)
This measure requires the California Office of Emergency Services and California Volunteers, to develop planning guidance to identify volunteers and donation management resources that could assist in responding to or recovering from disasters.
This measure also expands existing emergency notification programs to include cities and universities, by clarifying that emergency alerting authorities may use wireless telephone subscriber data to enroll residents in local alerting systems and authorizes county social service departments to share contact information of seniors and disabled individuals with emergency responders to facilitate mandatory evacuations.
League of California Cities │ www.cacities.org
ATTACHMENT A
Environmental Quality
Derek Dolfie
Legislative Representative
ddolfie@cacities.org
League of California Cities │ www.cacities.org
ATTACHMENT A
Water Quality
SB 1044 (Allen) Firefighting Equipment and Foam. PFAS Chemicals.
Chapter 308, Statutes of 2020
(Page 24)
This measure, commencing January 1, 2022, prohibits the
manufacture, sale, distribution, and use of class B firefighting
foam containing per-and polyfluoroalkyl substances (PFAS), with
limited exceptions for when PFAS chemicals are required by
federal law. This measure also requires notification of the
presence of PFAS in the protective equipment of firefighters.
League of California Cities │ www.cacities.org
ATTACHMENT A
Housing, Community
and Economic
Development
Jason Rhine
Assistant Legislative Director
jrhine@cacities.org
League of California Cities │ www.cacities.org
ATTACHMENT A
Housing Finance
AB 434 (Daly)Housing Financing Programs. Uniform
Procedures.
Chapter 192, Statutes of 2020
(Page 31)
This measure aligns six rental housing programs with the
Multifamily Housing Program, to enable the state Department of
Housing and Community Development to implement a single
application and scoring system for making coordinated awards
under all seven programs, starting on January 1, 2022.
League of California Cities │ www.cacities.org
ATTACHMENT A
Homelessness
AB 2553 (Ting)Shelter Crisis Declarations.
Chapter 147, Statutes of 2020 (Urgency)
(Page 31)
This measure expands the Shelter Crisis Act AB 932 (Ting,
Chapter 786, Statutes of 2017) to all cities and counties in
California. The Shelter Crisis Act allowed certain local
jurisdictions that declared a shelter crisis to allow homeless
individuals to occupy public facilities designated as emergency
housing such as shelter beds, for the duration of the crisis. The
Shelter Crisis Act also provides limited liability and suspends
local housing, health, and safety standards for public facilities to
the extent that full compliance would hamper mitigation of the
effects of the shelter crisis.
League of California Cities │ www.cacities.org
ATTACHMENT A
Land Use/Planning
AB 168 (Aguiar-Curry)Planning and Zoning. Annual Report. Housing Development. Streamlined Approvals.Chapter 166, Statutes of 2020 (Urgency)(Page 32)
This measure requires, after submittal of a SB 35 application, a local government provide formal notice to each California Native American tribe that is traditionally and culturally affiliated with the geographic area of the proposed development and to engage in a scoping consultation regarding the potential effects the proposed development could have on a potential tribal cultural resource.
This measure also requires a local government to notify a California Native American tribe if the development or environmental setting substantially changes after the completion of the scoping consultation, and requires the local government to engage in a subsequent scoping consultation if requested by the California Native American tribe.
League of California Cities │ www.cacities.org
ATTACHMENT A
Land Use/Planning
AB 1561 (Garcia, Cristina)Planning and Zoning. Housing Element and Entitlement Extensions.Chapter 195, Statutes of 2020(Page 33)
This measure requires cities and counties to evaluate the impact of government actions on the cost of housing and associated impacts to minority communities and extends by 18 months, the time frame for the expiration, effectuation, or utilization of a housing entitlement for any housing entitlement that was issued prior to, and was in effect on, March 4, 2020, and will expire prior to December 31, 2021.
This measure also extends, by 30 days, the time frame under CEQA for a Native American Tribe to respond to a lead agency and request consultation in writing relating to an environmental impact report for any housing development project application determined or deemed complete on or after March 4, 2020 and prior to December 31, 2021.
League of California Cities │ www.cacities.org
ATTACHMENT A
Land Use/Planning
AB 725 (Wicks)General Plans. Housing Element. Moderate-
income and Above Moderate-income Housing. Suburban and
Metropolitan Jurisdictions.
Chapter 193, Statutes of 2020
(Page 34)
This measure requires metropolitan and suburban jurisdictions,
through their housing element process, to ensure that at least
25 percent of their regional housing need for moderate-income
housing be allocated to sites with zoning that allows at least four
units of housing, but no more than 100 units per acre of
housing. This measure excludes unincorporated areas from this
prohibition and does not apply to housing elements due before
January 1, 2022.
League of California Cities │ www.cacities.org
ATTACHMENT A
Land Use/Planning
AB 2345 (Gonzalez)Planning and Zoning. Density Bonuses.
Annual Report. Affordable Housing.
Chapter 197, Statutes of 2020
(Page 34)
This measure revises Density Bonus Law to increase the
maximum allowable density and the number of concessions and
incentives a developer can seek. This measure also requires that
the annual report include information regarding density bonuses
granted in accordance with the law.
League of California Cities │ www.cacities.org
ATTACHMENT A
Landlord–Tenant
AB 3088 (Chiu)Tenancy. Rental Payment Default. Mortgage
Forbearance. State of Emergency. COVID-19.
Chapter 37, Statutes of 2020 (Urgency)
(Page 34)
This measure establishes a moratorium on evictions for non-
payment of rent due to COVID-19 financial hardship. This
measure prohibits tenants who so demonstrate from being
evicted for failure to pay rent or other charge first, accrued
between March 1, 2020 and August 31, 2020 and, second,
accrued between September 1, 2020 and January 31, 2021, if
they pay 25 percent of the amount owed for the latter period by
January 31, 2021. Tenants who fail to pay this 25 percent can be
evicted beginning on February 1, 2021. This measure sunsets on
January 31, 2021.
League of California Cities │ www.cacities.org
ATTACHMENT A
Parking Requirements
AB 1851 (Wicks)Religious Institution Affiliated Housing
Development Projects. Parking Requirements.
Chapter 196, Statutes of 2020
(Page 42)
This measure prohibits 1) a local agency from requiring the
replacement of religious-use parking spaces as part of an
affordable housing development; and 2) a local agency from
denying a housing development project proposed by a religious
institution solely on the basis that the project will reduce the
total number of parking spaces available at the place of worship
provided that the total reduction does not exceed 50 percent of
existing parking spaces.
League of California Cities │ www.cacities.org
ATTACHMENT A
Parking Requirements
AB 1851 (Wicks)Continued.
A parking space reduction shall not allow the religious institution
affiliated housing development to provide less than at least one
space per residential unit, unless the development is located:
•Within one-half mile walking distance of a high-quality transit
corridor, or a major transit stop; or
•Within one block of a car share vehicle.
League of California Cities │ www.cacities.org
ATTACHMENT A
Questions?
League of California Cities│ www.cacities.org
ATTACHMENT A
Public Safety
Jason Rhine
Assistant Legislative Director
jrhine@cacities.org
League of California Cities │ www.cacities.org
ATTACHMENT A
Emergency Medical Services
AB 1544 (Gipson) Community Paramedicine or Triage to Alternate Destination Act.(Page 50)
This measure authorizes local emergency medical services agencies to develop community paramedicine or triage to alternate destination programs until January 1, 2024. AB 1544 requires the state's Emergency Medical Services Authority to adopt minimum medical protocols and regulations governing program and training standards. Local emergency medical services agencies that opt to develop such a program must integrate the proposed program into its emergency medical services plan, certify program compliance and staffing of alternate destination facilities, codify strict anti-discrimination protections, and call upon existing advanced life support providers to provide triage paramedic services.
League of California Cities │ www.cacities.org
ATTACHMENT A
Discriminatory Calls to Law Enforcement
AB 1775 (Jones-Sawyer) False Reports and Harassment.
Chapter 327, Statutes of 2020
(Page 47)
This measure increases the penalties for knowingly using the
911 emergency system for the purpose of harassing another
based on perceived characteristics of a protected class. This
measure allows for civil action against persons who make false
police reports or claims, regardless of discriminatory motive, and
classifies blatantly false reports to law enforcement as a form of
intimidation.
League of California Cities │ www.cacities.org
ATTACHMENT A
Firearms
AB 2617 (Gabriel) Firearms. Gun Violence Restraining Orders.Chapter 289, Statutes of 2020(Page 51)
This measure ensures individuals who own or possess firearms or ammunition, with the knowledge they are prohibited from doing so because of a valid protective order issued by an out-of-state jurisdiction, is guilty of a misdemeanor.Any violation of this provision also results in a five year ban on purchasing or possessing firearms or ammunition.
League of California Cities │ www.cacities.org
ATTACHMENT A
Revenue and Taxation
Nick Romo
Legislative Representative
nromo@cacities.org
League of California Cities │ www.cacities.org
ATTACHMENT A
Utility Users Tax
SB 1441 (McGuire)Local Prepaid Mobile Telephony Services
Collection Act.
Chapter 179, Statutes of 2020
(Page 65)
This measure extends operation of the local prepaid Mobile
Telephony Services Act until January 1, 2026, supporting the
collection of utility users taxes imposed by local governments on
retail sales of prepaid wireless products and services.
League of California Cities │ www.cacities.org
ATTACHMENT A
Property Tax
ACA 11 (Mullin) The Home Protection for Seniors, Severely Disabled, Families, and Victims of Wildfire or Natural Disasters Act.Chapter 31, Statutes of 2020(Page 66)
This measure is Proposition 19 of on the November 2020. This measure authorizes an owner of a primary residence who is over 55 years of age, severely disabled, or a victim of a wildfire or natural disaster to transfer the taxable value of their primary residence to a replacement primary residence located anywhere in the state, regardless of the location or value of the replacement primary residence, that is purchased or newly constructed as that person’s principal residence within two years of the sale of the original primary residence.
League of California Cities │ www.cacities.org
ATTACHMENT A
Investments
SB 998 (Moorlach)Local Government. Investments.Chapter 235, Statutes of 2020(Page 66)
This measure increases the commercial paper limit for cities and special districts that have more than $100 million in investment assets from 25 percent to 40 percent of their total surplus funds and allows local agencies to invest in securities backed or issued by the federal government that could result in zero or negative interest accrual if held to maturity during a period of negative market interest rates.
This measure also prohibits cities from investing more than 10 percent of their commercial part and medium-term investments in any single issuer.
League of California Cities │ www.cacities.org
ATTACHMENT A
Fees
SB 1386 (Moorlach)Local Government. Assessments, Fees, and Charges. Water. Hydrants.Chapter 240, Statutes of 2020(Page 68)
This measure finds and declares that fire hydrants are part of the system of public improvements included in the definition of “water” for purposes of the Proposition 218 of 1996.
League of California Cities │ www.cacities.org
ATTACHMENT A
State Budget
SB 74 (Mitchell)Budget Act of 2020.Chapter 6, Statutes of 2020 (Urgency)(Page 5)
This measure is the 2020 Budget Act. Notable for local governments, this measure includes the following provisions:
•$500 million to cities from the State’s share of the federal Coronavirus Relief Fund. Nearly all funds have been distributed;
•$300 million to the Homeless Coordinating and Financing Council; and
•$550 million through the Department of Housing and Community Development for acquisition or acquisition and rehabilitation of motels, hotels, or hostels;
League of California Cities │ www.cacities.org
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State Budget
League of California Cities │ www.cacities.org
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State Budget
AB 85 (Committee on Budget) State Taxes and Charges.Chapter 8, Statutes of 2020 (Urgency)(Page 9)
This measure makes several changes that improve collection, reporting, limit tax credits, and extend sales tax exemptions. Specifically, this measure:
•Requires used car dealers to remit the sales tax from a vehicle sale to the Department of Motor Vehicles with the registration fee. This change is projected to increase state and local revenues from these transactions by millions of dollars; and
•Extends the sales and use tax exemption for diapers for infants, toddlers, and children, and menstrual hygiene products to July 1, 2023.
League of California Cities │ www.cacities.org
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State Budget
AB 1869 (Committee on Budget)Criminal Fees.Chapter 92, Statutes of 2020 (Urgency)(Page 11)
This measure, beginning July, 2021, repeals statutes related to the following criminal fees collected for administrative purposes:
•$25 Administrative Processing Fee;
•$10 Citation Processing Fee;
•Public Defense Fees;
•Cost of Counsel;
•Public Defense Registration Fee; and
•Public Defense Fees for Minors.
League of California Cities │ www.cacities.org
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State Budget
AB 1872 (Committee on Budget)Cannabis.Chapter 93, Statutes of 2020 (Urgency)(Page 12)
This measure prohibits the California Department of Tax and Fee Administration from adjusting the state excise tax on cannabis upward until July 1, 2021 and from adjusting the cultivation tax for inflation until 2021.
This measure also clarifies that the Board of State and Community Corrections is prohibited from making grants to local governments that have banned both indoor and outdoor commercial cannabis cultivation or have banned the retail sale of cannabis or cannabis products.
League of California Cities │ www.cacities.org
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State Budget
SB 98 (Committee on Budget and Fiscal Review)Education Finance. Education Omnibus Budget Trailer Bill.Chapter 24, Statutes of 2020 (Urgency)(Page 12)
This measure requires the State Controller’s Office, in consultation with the Department of Finance, to develop guidance for the allocation of K-12 Educational Revenue Anticipation Fund (ERAF) by county auditor controllers. This measure requires this guidance by December 31, 2020 that may have significant impacts on ERAF allocations going forward.
League of California Cities │ www.cacities.org
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Transportation,
Communications, and
Public Works
Caroline Cirrincione
Legislative Analyst
ccirrincione@cacities.org
League of California Cities │ www.cacities.org
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Micromobility
AB 1286 (Muratsuchi) Shared Mobility Devices. Agreements.Chapter 91, Statutes of 2020(Page 70)
This measure requires shared mobility device providers to obtain a permit or agreement with the city or county it seeks to operate in and comply with all local operation, parking, maintenance, and safety rules. Additionally, AB 1286 requires shared mobility device providers to maintain minimum commercial general liability insurance coverage of not less than $1 million for each occurrence of bodily injury or property damage, and not less than five million dollars aggregate for all occurrences during the policy period.
League of California Cities │ www.cacities.org
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Underground Infrastructure
SB 865 (Hill) Excavations. Subsurface Installations.
Chapter 307, Statutes of 2020
(Page 71)
This measure strengthens safe excavation practices by increasing collaboration between excavators and operators, requiring data sharing amongst key stakeholders, and moving the Dig Safe Board to the Office of Energy Infrastructure Safety, which better aligns with the board's mission and operational functions. Specifically, SB 865 requires regional notification centers, which provide warnings of excavations close to existing subsurface installations, to share damage reports with the Dig Safe Board within five days, and provide quarterly reports on all notifications. Notably, SB 865 requires operators to map new subsurface installations using a geographic information system beginning January 1, 2023.
League of California Cities │ www.cacities.org
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Governance,
Transparency, and Labor
Relations
Bijan Mehryar
Legislative Representative
bmehryar@cacities.org
League of California Cities │ www.cacities.org
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Elections
SB 970 (Umberg) Primary Election Date.Chapter 111, Statutes of 2020(Page 26)
This measure changes the date of the statewide direct primary to the first Tuesday after the first Monday in June in even-numbered years in which there is no presidential primary.
League of California Cities │ www.cacities.org
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Labor Relations
AB 685 (Reyes) COVID-19. Imminent Hazard to Employees. Exposure. Notification. Serious Violations. Chapter 84, Statutes of 2020(Page 26)
This measure requires that if an employer or representative of the employer receives a notice of potential exposure to COVID-19, the employer must take a prescribed set of actions within one business day of the notice of potential exposure.
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Labor Relations
AB 2257 (Gonzalez) Worker Classification. Employees and
Independent Contractors. Occupations. Professional
Services.
Chapter 344, Statutes of 2020 (Urgency)
(Page 27)
This measure provides that public agencies may engage in
bona fide business to business relationships without having
the contracted business be classified as employees under the
AB 5 (2019) employment test.
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Labor Relations
SB 1159 (Hill)Workers’ Compensation. Covid-19. Critical Workers. Chapter 85, Statutes of 2020 (Urgency)(Page 28)
This measure defines “injury” for an employee to include illness or death resulting from COVID-19 under specified circumstances, until January 1, 2023. The measure creates a disputable presumption, as specified, that the injury arose out of and in the course of the employment and is compensable, for specified dates of injury. The measure limits the applicability of the presumption under certain circumstances. The measure requires an employee to exhaust their paid sick leave benefits and meet specified certification requirements before receiving any temporary disability benefits or, for police officers, firefighters, and other specified employees, a leave of absence. The measure also makes a claim relating to a COVID-19 illness presumptively compensable, as described above, after 30 days or 45 days, rather than 90 days.
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Labor Relations
SB 1383 (Jackson)Unlawful Employment Practice. California Family Rights Act.Chapter 86, Statutes of 2020(Page 28)
This measure expands the California Family Rights Act to make it an unlawful employment practice for any employer with five or more employees to refuse to grant a request by an employee to take up to 12 workweeks of unpaid protected leave during any 12-month period to bond with a new child of the employee or to care for themselves or a child, parent, grandparent, grandchild, sibling, spouse, or domestic partner, as specified. The measure also requires an employer who employs both parents of a child to grant leave to each employee.
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Governance
AB 992 (Mullin)Open Meetings. Local Agencies. Social Media.Chapter 89, Statutes of 2020(Page 29)This measure provides that, until January 1, 2026, a member of a legislative body covered by the Brown Act may engage in separate conversations or communications outside of a meeting authorized by this act with any other person using an internet-based social media platform. The communications may be to answer questions, provide information to the public, or to solicit information from the public regarding a matter that is within the subject matter jurisdiction of the legislative body, provided that a majority of the members do not use the internet-based social media platform to discuss among themselves, business of a specific nature that is within the subject matter jurisdiction of the legislative body. Additionally, a member shall not respond directly to any communication on an internet-based social media platform regarding a matter that is within the subject matter jurisdiction of the legislative body that is made, posted, or shared by any other member of the legislative body.
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Governance
ACA 5 (Weber)Government Preferences.
Chapter 23, Statutes of 2020
(Page 30)
This measure, if approved by the voters as Proposition 16 of
2020, would repeal Section 31 of Article I of the California
Constitution, which was added by Proposition 209 of 1996.
This particular section of the California Constitution prohibits
the state, cities, counties, community college districts, public
university systems, and special districts from discriminating or
giving preferential treatment to any individual or group on the
basis of race, sex, color, ethnicity, or national original with
regard to public employment, public contracting or public
education.
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What to Expect In 2021
League of California Cities │ www.cacities.org
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Questions?
League of California Cities│ www.cacities.org
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Melanie Perron, Deputy Executive Director
Advocacy and Public Affairs
mperrron@cacities.org
Jason Rhine, Assistant Legislative Director
Housing, Community and Economic Development
jrhine@cacities.org
Derek Dolfie, Legislative Representative
Community Services; and Environmental Quality
ddolfie@cacities.org
Bijan Mehryar, Legislative Representative
Governance, Transparency and Labor Relations
bmehryar@cacities.org
Nick Romo, Legislative Representative
Revenue and Taxation
nromo@cacities.org
Meg Desmond, Legislative and Policy
Development Specialist
mdesmond@cacities.org
Johnnie Pina, Legislative Analyst
Housing, Community and Economic
Development; Governance, Transparency and
Labor Relations; Revenue and Taxation
Jpina@cacities.org
Caroline Cirrincione, Legislative Analyst
Community Services; Environmental Quality;
Public Safety; Transportation, Communications
and Public Works
ccirrincione@cacities.org
League Legislative Team Contact Information
League of California Cities │ www.cacities.org
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Thank You!
League of California Cities│ www.cacities.org
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