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HomeMy WebLinkAbout102522 - 3.1 LEGISLATIVE COMMITTEE MEMORANDUM 3.1 TO: Mayor and Town Council October 25, 2022 SUBJECT: October Legislative Report BACKGROUND Governor Newsom closed out California’s 2022 legislative season on September 30, the last day to sign or veto bills submitted to his office from the state legislature. At the beginning of the 2022, state legislators introduced over 2,055 bills. Of that number, 1,166 bills passed through both houses for the Governor to act on. Governor Newsom signed 997 bills into law and vetoed 169. Bills signed/approved by the Governor are chaptered into law by the California Secretary of State and take effect on January 1, 2023. On October 17, the Governor announced that the COVID-19 State of Emergency will end on February 28, 2023. The date was chosen, in part, to plan for any potential surge in COVID-19 cases in January and February, as well as provide the time needed for state and local governments to prepare for the phaseout. The lifting of the State of Emergency will end the final 27 directives established by proclamation, or other executive orders, including the provisions that allowed for modified meetings under the Brown Act, as established by AB 361. DISCUSSION The Town’s Legislative Committee follows legislation that is identified as a priority by the Danville Town Council based upon the Town’s legislative framework and the Tri- Valley Cities coalition. The Tri-Valley Cities Legislative Framework identifies six focus areas for the 2022 State Legislative session including: Transportation, Climate and Environment, Affordable Housing, Mental Health, Economic Development and Fiscal Sustainability. The bills and positions that were identified as a priority for the Tri-Valley Cities Coalition are discussed in the second half of this report. October Legislative Update 2 October 25, 2022 The Town identified and advocated on the following bills that impact Danville. AB 2438 (Friedman) Transportation funding: guidelines and plans. This bill requires various state transportation programs to incorporate strategies from the Climate Action Plan for Transportation Infrastructure (CAPTI) into program guidelines. The bill also requires various state agencies to establish new transparency and accountability guidelines for certain transportation funding programs, as specified. This bill was vetoed by the Governor. Vote Status: Senator Glazer: NVR; Assemblymember Rebecca Bauer-Kahan: Yes (Transportation) Position: Oppose SB 897: (Wieckowski) Accessory dwelling units: junior accessory dwelling units. This bill increased the height limitation applicable to an accessory dwelling unit subject to ministerial approval to 18 feet on units detached and 25 feet attached; and on a lot within ½ mile walking distance of a major transit stop or a high-quality transit corridor, or on a lot with existing multifamily, multi-story dwelling. This bill was approved by the Governor. Vote Status: Senator Glazer: No; Assemblymember Rebecca Bauer-Kahan: No (Housing) Position: Oppose Tri-Valley Cities Coalition Below is the list of bills the TVC identified at the beginning of the 2021/22 Legislative session to track. AB 988: (Bauer-Kahan) Mental Health: 988 Suicide and Crisis Lifeline. This bill requires the Office of Emergency Services to verify interoperability between and across 911 and 988. This bill also requires the California Health and Human Services Agency to create a set of recommendations to support a 5-year implementation plan for a comprehensive 988 system. This bill was approved by the Governor. Vote Status: Senator Glazer: Yes; Assemblymember Rebecca Bauer-Kahan: Yes (Mental Health) TVC position: Support AB 2011: (Wicks) Affordable Housing and High Roads Jobs Act of 2022. This bill creates a ministerial, streamlined approval process for 100% affordable housing projects in commercial zones and for mixed-income housing projects along commercial corridors. This bill also requires specified labor standards on those projects, including requirements that all construction workers be paid at least the general prevailing wages. The Tri-Valley Cities was able to secure delayed implementation of this bill to July 1, 2023. This bill was approved by the Governor. Vote Status: Senator Glazer: NVR; Assemblymember Rebecca Bauer-Kahan: Yes (Affordable Housing) TVC position: Oppose with Comments October Legislative Update 3 October 25, 2022 AB 2374: (Bauer-Kahan) Crimes against public health and safety: illegal dumping. This bill increases the maximum fine for the dumping of commercial quantities of waste to $5000 for the first conviction, $10,000 for the second conviction, and up to $20,000 for the third and any subsequent convictions. This bill was approved by the Governor. Vote Status: Senator Glazer: Yes; Assemblymember Rebecca Bauer-Kahan: Yes (Climate/Environment) TVC position: Support SB 6: (Caballero) Local planning: housing: commercial zones. Also known as the Middle Class Housing Act of 2022, this bill deems a housing development project as an allowable use within a zone where office, retail, or parking are principally permitted on the condition that the density for the housing development meets or exceeds the applicable density to accommodate housing for lower income households under housing element law; and among other things, the developer certifies that the project is either a public work or will pay prevailing wage and use a skilled and trained workforce for all level of contractors as defined in existing law. The Tri-Valley Cities was able to secure delayed implementation of this bill to July 1, 2023. This bill was approved by the Governor. Vote Status: Senator Glazer: NVR; Assemblymember Rebecca Bauer-Kahan: N/A (Housing) TVC Position: Oppose SB 45: (Portantino) Short-lived climate pollutants: organic waste reduction goals: local jurisdiction assistance. This bill requires the Department of Resource Recycling and Recovery to assist local jurisdictions in complying with the short-lived pollutant strategy regulations, and other additional regulations adopted by the department. This bill was approved by the Governor. Vote Status: Senator Glazer: Yes; Assemblymember Rebecca Bauer-Kahan: Yes (Climate/Environment) TVC position: Support SB 852: (Dodd) Climate resilience districts: formation: funding mechanisms. This bill authorizes a city, county, special district, or a combination of any of those entities to form a climate resilience district for the purposes of raising and allocating funding for eligible projects and the operating expenses of eligible projects. This bill was approved by the Governor. Vote Status: Senator Glazer: Yes; Assemblymember Rebecca Bauer-Kahan: Yes (Climate/Environment) TVC position: Support SB 932: (Portantino) General plans: circulation element: bicycle and pedestrian plans and traffic calming plans. This bill requires a city or county, upon any substantive revision of the circulation element, to incorporate the principles of the Federal Highway Administration’s Safe System Approach, to develop bicycle plans, pedestrian plans, and traffic calming plans based on the policies and goals in the circulation element and sets goals for initiation and October Legislative Update 4 October 25, 2022 completion of all actions identified in the plans within 25 years of the date of adoption of the modified circulation element. This bill was approved by the Governor. Vote Status: Senator Glazer: NVR; Assemblymember Rebecca Bauer-Kahan: Yes (Transportation) TVC Position: Oppose The next Tri-Valley Cities meeting will be held on December 5 to discuss the agenda for the January, Washington D.C. advocacy trip and the goals and objectives for 2023. Grant Program Updates Individually, the Town of Danville was allocated $500,000 in state funding for the Fiber Optic Interconnect Network Project, CIP A-620. The Town was also able to secure $65,000 in SB 1383 grant funding, and $40,000 in solar permitting grant funding. In a collaborative effort with the San Joaquin Valley Regional Rail Authority, the Tri- Valley Cities Coalition was able secure $5 million in state funding for the Valley Link Project. Conclusion It is recommended that the Town Council Legislative Sub-Committee accept this report and direct any questions and/or direction to Town legislative staff. Prepared by: Cat Bravo Management Analyst Reviewed by: Joseph A. Calabrigo Town Manager Attachment A – Danville Legislative Framework Attachment B – Tri-Valley Cities Coalition Legislative Framework ATTACHMENT A Town of Danville Legislative Framework Town Council Legislative Committee 2 February, 2021 Overview The Town of Danville is actively engaged in legislative advocacy efforts that are aimed at protecting and promoting Danville’s best interests at the local, state and federal levels. These efforts are driven by two primary considerations: 1) continuing to uphold the Town mission of delivering superior municipal services that make people’s lives better; and 2) an increasing level of state involvement and regulation in areas that have previously fallen within local control. The significant increase in bills being introduced in the State Legislature that have the potential to further impact cities’ local control has prompted the Town to continue to expand advocacy efforts through various means and channels. Key to these efforts is the development of this Legislative Framework which outlines the Town’s legislative principles, policies, goals and strategies. The Framework will be monitored and driven by a Town Council Legislative Committee. Legislative Goals •Advocate the Town’s legislative interests at the federal, state, regional, and county levels to support our Town’s vision and mission. •Serve as an active participant with other local governments, the League of California Cities, regional agencies, and local professional organizations in addressing legislative issues that are important to the town and our region. •Participate in the Tri-Valley Cities coalition to work together on legislative issues, projects and initiatives at the federal, state, regional and county levels. •Seek grant and funding assistance for Town projects, services, and programs. •Communicate to the Town’s residents those legislative and agency rule-making matters which are of potentially general interest or concern. Legislative Principles To fulfill the goals identified, the Town supports legislation and policies that favor: 1.Outstanding Quality of Life - provide opportunities to protect and enhance our residents’ quality of life through active living, a healthy lifestyle and diverse recreational services. 2.Community Safety - provide access to resources and services for residents, such as quality police, fire, emergency management, emergency medical services, services for vulnerable populations and community benefit efforts. 3.Local Control over Land Use and Preservation - ensures the Town’s continued ability and authority to exercise decisions on land use matters and reasonably regulate new development to ensure consistency with Town design standards. The orderly growth and development of the Town together with the preservation of open space is a high priority for the Danville community. 3 February, 2021 4.Foster Economic Vitality and Growth - provide funding for initiatives that promote: economic health and resilience, business development, workforce development, and small business entrepreneurship training and assistance. 5.Public Infrastructure - enable continued improvement and maintenance of the Town’s public infrastructure. 6.Transportation - provide funding for planning and implementation of regional transportation projects. 7.Housing - seek balanced solutions which consider housing, jobs, and transportation together; does not take a one size fits all approach; provides funding and resources for infrastructure and allows the Town to exercise local control in developing locally appropriate plans that meet State objectives in a manner that is compatible with existing community character. 8.Support Residents Growth and Enrichment - enhance and encourage recreational programming, exercise, use of parks and services, community engagement, social and recreational experiences; and performing and visual arts. 9.Sustainability - enable sustainable development, conserve natural resources, provide resources to enable environmental awareness and health in our community and source vendors that comply with California environmental requirements that protect public health and air quality. 10.Fiscal Sustainability - protect existing federal, state, and local funding sources that provide revenues to the Town of Danville. Oppose Unfunded Mandates and legislation that seeks to impose any requirement upon the Town that is not fully funded; aid recovery of Town costs stemming from State and/or Federal mandates. Town Council Legislative Committee •The Legislative Committee shall consist of two members of the Town Council to be appointed annually by the Mayor, supported by appropriate Town staff. •The committee shall meet as frequently as monthly to review and discuss the Town’s legislative platform and pending/possible legislation. •The committee shall develop positions on pending or possible legislation and make recommendations for consideration by the Town Council. Recommendations will be based upon a determination of potential legislative impacts upon the Town and its residents. Potential positions to be considered include: o Support: Legislation that the Town should support as drafted o Support if Amended: that the Town should support if the author accepts amendments proposed or supported by the Town o Oppose: Legislation that the Town should oppose as drafted o Oppose unless amended: Legislation the Town should oppose unless amended o Watch: Town will take no formal position but will watch the Legislation and consider taking a position as the legislative process progresses 4 February, 2021 •Once a determination has been made that a legislative proposal may impact the Town by the Legislative Committee, a letter outlining the Town’s position will be drafted for the Mayor’s or Town Manager’s signature. •Legislative Proposals may sometimes advance or change rapidly. Should the need to respond to such a proposal arise prior to an opportunity for either the Legislative Committee or Town Council to meet to consider the matter, then the Town Manager is authorized to act expeditiously to respond via letter, in a manner that is consistent with the goals and principles contained in the Framework. All such letters shall be transmitted to the Town Council, and posted on the Legislative page of the Town website. •The Committee shall make regular reports to the Town Council at duly noticed public meetings. •The Committee shall work collaboratively with Tri-Valley Cities of Dublin, Livermore, Pleasanton and San Ramon to further the Tri-Valley Legislative Framework. Strategic Documents The following documents are available on the Town’s website at www.danville.ca.gov •Town Vision and Mission Statements •Town of Danville General Plan 2030 •Town of Danville Adopted Budget and Capital Improvement Program •Town of Danville Recreation, Arts & Community Services Master Plan •Town of Danville Climate Action Plan The Legislative Framework will be reviewed annually by the Town Council. Day to day oversight of legislative matters is the responsibility of the Town Manager’s Office, consistent with this Legislative Framework and policy set by the Town Council. 0 | P a g e TRI-VALLEY CITIES Legislative Framework 2022 ATTACHMENT B 1 | P a g e TRI-VALLEY CITIES VALUES STATEMENT The Tri-Valley Cities of Dublin, Livermore, Pleasanton, San Ramon, and the Town of Danville value regional leadership, innovation, collaboration, and problem solving to maintain and improve the quality of life for Tri-Valley residents and provide a vibrant climate for businesses, and enable continued opportunities for public and private investment within the region. Each City and Town provides a unique perspective on how to meet the needs of their residents and businesses. The Cities and Town agree to respect the individuality of each community and are committed to open and honest communication with a goal of building consensus and a united approach to advocacy for solutions that will serve the residents and businesses of the Tri-Valley. TRI-VALLEY CITIES LEGISLATIVE FRAMEWORK The Tri-Valley Cities Legislative Framework seeks to inform all levels of governmental interaction (e.g., federal, state, regional, local) regarding legislation, policies, and programs that have a direct impact on the region. The TVC has defined Legislative Focus Areas which have an overarching objective to retain and promote local control and decision - making as it relates to the implementation of laws and regulations and to have the ability to integrate them in a manner that meets the unique needs of each community. The TVC will advocate together to achieve outcomes benefiting the region in each of these Focus Areas. Transportation Residents of the Tri-Valley region are subject to some of the heaviest commutes in the Bay Area and are impacted by the heavy flow of traffic along the region’s freeways, which often spills over onto the local surface streets as commuters pursue alternatives to their commute through the Tri-Valley. A key objective of the region is to reduce congestion on the regions freeways and to increase mobility of goods and people through the Tri -Valley with continued financial investment in transportation infrastructure: developing alternative modes of transportation, modernization of transportation corridors, and creation, modernization, and expansion of rail systems. Climate and the Environment The TVC seeks to work collaboratively with federal, state and regional partners to address the new landscape of year-round wildfires, public safety power shut offs, water quality (including PFAS/PFOS contaminants) and supply issues as well as waste and recycling mandates. The TVC will advocate for increasing financial and technical support in these areas as well as an investment in key infrastructure at all levels of government. 2 | P a g e Economic Development The Tri-Valley region is an innovation hub that spurs job growth, sustains a healthy economy and provides a great quality of life for our residents and business. Key objectives are developing a healthy workforce, supporting innovation, capacity building, e conomic stimulus and growth in the region. Affordable Housing The TVC supports balanced solutions which consider housing, jobs, and transportation together and seeks to support, promote and protect affordability in the region’s housing stock. Key objectives are to work with federal, state, and regional partners to provide funding for affordable housing through a variety of programs and options and to work to address barriers to building affordable housing. Mental Health The TVC recognizes that social services are vital to supporting residents and providing crucial safety net services in our region. While the TVC cities do not provide direct delivery of social services we seek to work together to support our local non-profits and organizations that do provide these services and advocate together for these vital resources and services from all levels of government. Mental health is an emerging need in our region and the TVC seeks to advocate for the needed resources to meet the needs of all of our residents. Fiscal Sustainability Fiscal Sustainability is an important role for all levels of government. The TVC seeks to advocate against the imposition of unfunded mandates and the removal of funding streams from local governments. 2022 PAGE 1