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HomeMy WebLinkAbout022823-3.1 LEGISLATIVE COMMITTEE MEMORANDUM 3.1 TO: Mayor and Town Council February 28, 2023 SUBJECT: February Legislative Report BACKGROUND The State Legislature reconvened on January 4, 2023, to formally start the 2023-24 Legislative Session. The last day to introduce bills was Friday, February 17. Historically, over 2,000 bills are introduced in the legislature each year. This year, the Legislature produced 2,632 bills—the highest number of bill introductions in a single session over the past decade. Of the bills introduced, a total of 1,046 are identified as spot or intent bills, lacking substantive language and subject to future amendments. While the business of the Legislative session continues to focus on achieving affordable housing, legislative trends also include providing support to the state’s homeless population, public safety initiatives to curb controlled substance and fentanyl use, climate resiliency and adaptation requirements, and innovation and technology. DISCUSSION Both individually and as part of the Tri-Valley Cities Coalition, 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 (ATTACHMENT A) and the Tri- Valley Cities coalition framework. The Legislative Committee’s work is essential to ensure that the Town is well positioned for advocacy work during the 2023 Legislative Session. Tri-Valley Cities Coalition During the December 5 Tri-Valley Cities Coalition meeting, the TVC Mayors approved updates to the Legislative Framework (ATTACHMENT B). Updates include adding transportation infrastructure and homelessness as priorities. In January, the TVC Mayors also participated in federal advocacy trip in Washington D.C. to meet with Congressional Offices as well as Agency and Department Administrators to communicate the coalition’s policy priorities and continue to foster relationships with key stakeholder. Meetings were held with the: • Office of Senator Dianne Feinstein • Office of Senator Alex Padilla • Office of Congressman Eric Swalwell February Legislative Update 2 February 28, 2023 • Office of Congressman Mark DeSaulnier • Office of Congressman John Garamendi • U.S. Department of Energy • Department of Transportation • Environmental Protection Agency Townsend Public Affairs presented a year end recap and summary of the federal advocacy meetings at the Town Council Planning and Goal Setting Workshop, held on February 3. (ATTACHMENT C) The Tri-Valley Cities Council met on February 22 in San Ramon. Presentations were given by Innovation Tri-Valley Committees on Housing, Infrastructure, and Transportation and Business Innovation. The Tri-Valley Affordable Housing Committee also provided an update. State Budget In January, Governor Newsom released his budget proposal for the 2023-2024 fiscal year. The budget process will include comments and feedback from both houses in the form of committee and sub-committee hearings, followed by the May Revise budget, toward coming to formal agreement by June 15. Overall spending trends in the Governor’s proposed budget reflect a more conservative and disciplined framework to account for projected shortfalls. The 2023-2024 January budget proposal anticipates a $22.5 billion shortfall, which aligns with previous projections from the Legislative Analyst’s Office. Taxpayer Protection and Government Accountability Act At the beginning of February, the Secretary of State reported that the Taxpayers Protection and Government Accountability Act (“the Act”), sponsored by the California Business Roundtable, received the necessary valid signatures needed to qualify for the ballot. The Act would amend the California Constitution to restrict the ability of the state, local governments, and the electorate to approve or collect taxes, fees, and other revenues. It would require voter approval of all state taxes, further restrict local fee authority by limiting it to the “minimum amount necessary” to provide government services and require voter approval for local measures such as franchise fees. Its provisions would make it easier to challenge local revenue measures by increasing the burden of proof on local agencies while disallowing an agency’s characterization of a measure from being considered in court. This is the third time that this or a similar measure has been qualified for the ballot in the past six years. On both previous occasions, the measure was defeated by the voters. The measure is opposed by a coalition of local government and labor organizations February Legislative Update 3 February 28, 2023 including the League of California Cities, AFSCME California, California Contract Cities Association, California Professional Firefighters, California State Council of Laborers, SEIU California State Council, The California State Association of Counties (CSAC), and the California Special Districts Association (CSDA). 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 Calabrigo Town Manager Attachment A – Danville Legislative Framework Attachment B – Tri-Valley Cities Legislative Framework Attachment C – Townsend Public Affairs Legislative Summary Town of Danville Legislative Framework Town Council Legislative Committee ATTACHMENT A 2 February 2023 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, mental health services, 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 2023 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 2023 • 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. TRI-VALLEY CITIES Legislative Framework 2023 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, 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 and Infrastructure 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 region’s 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, modernizatio n, and expansion of rail systems. The TVC also seeks to partner on other significant non- transportation infrastructure projects, especially those with regional and multi-regional benefits. Climate, Environment, Health, and Safety The TVC seeks to work collaboratively with federal, state, and regional partners to address the new landscape of year-round wildfires, air quality, public safety power shutoffs, 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 for 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 high quality of life for residents and business. Key objectives are developing a healthy workforce; and supporting innovation, capacity building, economic stimulus, and growth in the region. Affordable Housing and Homelessness The TVC supports balanced solutions which consider housing, jobs, and transportation together and seeks to support, promote, protect, and increase 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 housing at Very Low, Low, and Moderate income levels. TVC also remains committed to mitigating and eliminating homelessness, including working with partners at all levels of government to address the root causes of housing insecurity and homelessness. 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, the Cities seek to work together to support 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 support is a growing need in our region, and the TVC seeks to advocate for the resources to meet the needs of all 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. 2023 PAGE 1 M E M O R A N D U M To: The Honorable Robert Storer, Mayor Honorable Danville Town Council Members Joe Calabrigo, Town Manager From: Townsend Public Affairs, Inc. Niccolo De Luca, Vice President Andres Ramirez, Senior Associate Ben Goldeen, Federal Advocacy Manager Sammi Maciel, Associate Date: February 3, 2023 Subject: 2022 Legislative Summary and 2023 Look Ahead for the Town of Danville SUMMARY Townsend Public Affairs, Inc. (TPA) has prepared this report for the Town of Danville following the end of the 2022 legislative year and as we embark on the beginning of a new 2-year State legislative session and a new Federal Congress in 2023. This report provides a summary of our efforts to date for the advocacy objectives of the Town of Danville. Summary of 2022 State Legislative Efforts and Successes TPA worked with the elected Danville leadership, Town Manager, the Town’s Legislative Liaisons, and staff to develop, advocate, and secure several major initiatives through various means including legislation and the budget process. This was done working hand in hand with the four other municipalities in the Tri-Valley Cities (TVC) coalition and working directly with our elected leaders in Sacramento and Washington, DC. As part of the Tri-Valley Cities coalition, the Town of Danville took unified formal positions on 13 State Legislative Bills. Below are the bills we worked on which included testifying in policy and fiscal committee hearings, writing and distributing position letters, meeting with authors’ offices, meeting with committee chairs and staff, and working closely with our legislative delegation to advocate for changes based on our concerns/suggested amendments. AB 988 (Bauer-Kahan) Mental health: 988 crisis hotline o TVC Position – Support o Result – Signed into Law AB 1737 (Holden) Children’s camps: safety o TVC Position – Neutral as amended o Result – Was moved to inactive file at request of the Author o Several sets of amendments secured by the coalition ATTACHMENT C AB 1817 (Ting) Product safety: textile articles: perfluoroalkyl and polyfluoroalkyl substances (PFAS) o TVC Position – Support o Result – Signed into Law AB 1886 (Cooper) Public works: definition o TVC Position – Oppose o Result – Died on the Assembly Floor Concurrence Vote AB 2016 (Bauer-Kahan) State Water Resources Control Board: desalination plant: feasibility study o TVC Position – Support o Result – Held under suspense in Senate Appropriations AB 2063 (Berman) Density bonuses: affordable housing impact fees o TVC Position – Oppose with Comments o Result – Died in Assembly Appropriations Committee AB 2247 (Bloom) Perfluoroalkyl and polyfluoroalkyl substances (PFAS) and PFAS products and product components: publicly accessible data collection interface o TVC Position – Support o Result – Vetoed AB 2374 (Bauer-Kahan) Crimes against public health and safety: illegal dumping o TVC Position – Support o Result – Signed into Law AB 2011 (Wicks) Affordable Housing and High Road Jobs Act of 2022 o TVC Position – Oppose with Comments o Result – Signed into Law o Several amendments secured by the coalition. SB 6 (Caballero) Local planning: housing: commercial zones o TVC Position – Oppose with Comments o Result – Signed into Law o Several amendments secured by the coalition. SB 45 (Portantino) Short-lived climate pollutants: organic waste reduction goals: local jurisdiction assistance o TVC Position – Support o Result – Signed into Law SB 490 (Caballero) Community Anti-Displacement and Preservation Program: technical assistance o TVC Position – Originally Support but was Gutted and Amended to become an agricultural product bill. No position required after gut and amend. SB 932 (Portantino) General plans: circulation element: bicycle and pedestrian plans and traffic calming plans o TVC Position – Neutral as Amended o Result – Signed into Law o Moved to neutral because amendments were taken to remove the cause of action (what we had asked for) and make other clarifying and technical changes. SB 1229 (McGuire) Mental Health Workforce Grant Program o TVC Position – Support o Result – Died in Assembly Higher Education Committee o Funding provided in State Budget instead. 2022 State Budget Working as a coalition, TPA and the Tri-Valley Cities were able to secure $5 million in the State Budget Bill Junior (AB 178) working closely with Assembly Member Bauer-Kahan and Senator Glazer, for the Valley Link Rail Project (Environmental Study and Preliminary Engineering). Additionally, this funding was originally going to be allocated through the Metropolitan Transportation Commission, but TPA worked with the Assembly Member’s office to further amend the language in the State Budget Bill Junior II (AB 179) to clarify that the funding would go to the Tri-Valley-San Joaquin Regional Rail Authority, with specific note of the Cities of Dublin, Livermore, Pleasanton, San Ramon, and the Town of Danville. 2022 Sacramento Advocacy Day In May of 2022, Mayor Newell Arnerich and fellow TVC Coalition mayors met with state elected officials and key policy staff. Discussion topics were centered around housing legislation, transportation, and state budget appropriations. Meetings included: • Assemblymember Cecilia Aguiar-Curry • Senator Steven Glazer • Assemblymember Rebecca Bauer-Kahan • Office of Senator Anna Caballero • Senate Governance and Finance Committee 2022 Federal Legislative Efforts On behalf of the Tri-Valley Cities Coalition, TPA worked on H.R. 3807 – which sought to support restaurants, arts and entertainment venues, and small businesses impacted by the COVID-19 pandemic. The bill aimed to provide an additional $42 billion for the Restaurant Revitalization Fund and gives priority to previous applicants who have not received a grant. TPA worked with the Coalition to develop and send in letters of support for the Legislation and demonstrated to members of Congress the need for its passage. The bill successfully passed the House but stalled out in the Senate. TPA worked closely with the Tri-Valley Cities Coalition to successfully stop the inclusion of the Financial Data Transparency Act (S. 4295) in the Fiscal Year (FY) 2023 National Defense Authorization Act (NDAA). The bill would have established new, uniform financial data standards that debt issuers, including local governments, would have to comply with by 2027 to ensure financial data transparency. In addition to concerns around implementation costs, the TVC coalition argued that financial data is not uniform across the issuer market that includes a wide variety of entities such as states, local governments, water systems, public power systems, public gas systems, hospitals and more. Therefore, imposing a set of uniform categories – which this bill would have mandated – could omit valuable financial data and lead to confusing and misleading reports that investors and other stakeholders rely on. 2022 (FY 23) Federal Appropriations TPA worked closely with the TVC Coalition as well as the Regional Rail Authority to put together and submit federal funding appropriations for two critical components in the development of the Valley Link Rail Project – Valley Link Blueprint (Isabel Station) and Valley Link Blueprint (Pleasanton/ Dublin BART Station). TPA and the coalition were successful in having Congressman Swalwell select the two projects as priorities for his district and submit the requests to the House Appropriations Committee in the amount of $4 million. After a successful highly competitive selection, the committee deemed the appropriations ineligible to receive funding through the appropriations process, due to the Valley Link Project currently being a participant in a Federal grant program. 2022 Washington DC Advocacy Trip (USCOM) In January of 2022, Mayor Arnerich along with two other Mayors accompanying in person, and two virtually, travelled to Washington DC, for the US Conference of Mayors and two days of legislative advocacy meetings with federal elected officials and key agency and departmental staff. Discussion topics were centered around opportunities for federal funding and partnerships as well as implementation of the bipartisan infrastructure law. Meetings included: • Office of Congressman Mark DeSaulnier • Office of Congressman Eric Swalwell • Federal Transit Administration • U.S. Department of Energy Recent 2023 Washington DC Advocacy Trip (USCOM) In January of 2023, Mayor Robert Storer along with the four other Mayors from the Tri -Valley Cities Coalition met with Congressional Offices as well as Agency and Department Administrators to communicate the coalition’s policy prerogatives and continue developing relationships with key stakeholders in the Federal government. Meetings included: • U.S. Department of Energy • Office of Senator Diane Feinstein • Office of Senator Alex Padilla • Office of Congressman Eric Swalwell • Office of Congressman Mark DeSaulnier • Office of Congressman John Garamendi • Department of Transportation • Environmental Protection Agency 2023 Outlook for the Town of Danville In 2023, both the State Legislature and Congress will be experiencing significant changes in their political structure – which will bring about new policy priorities and political dynamics. The decennial redistricting process caused numerous lawmakers to move, battle for new district spots, or retire. This, coupled with the onset of another graduating class of legislators under the new term limit requirements established by Prop. 140 (1990), prompted many legislators to not seek reelection. At the State level, over 30 new Assembly Members and Senators were sworn into office. This has already sparked conversations and actions around leadership shifts and the makeup of factions within the Democratic Caucus. At the Federal level, Republicans now sit as the majority in the House of Representatives – with the Senate being retained by Democrats – it is widely believed that policy and appropriations processes will drag out even longer that they traditionally have because of a split Congress. January 2023 saw Governor Newsom release his budget proposal for the 2023-2024 fiscal year. This is the official start of the 2023 budget process which will include comments/feedback from both houses in a general sense, committee hearings, sub-committee hearings, the May Revise, and then some form of agreement by June 15th. Overall spending trends in the Governor’s proposed budget reflect a more conservative and disciplined budget framework rooted in “strong fiscal planning” on account of projected shortfalls, compared to the 2022-23 budget which held record surpluses. The 2023-2024 January Budget Proposal anticipates a $22.5 billion budget shortfall, which aligns with previous projections from the Legislative Analyst’s Office. The proposed budget framework includes $297 billion in total spending and $223.6 billion in General Fund spending. While this represents a modest decrease from last year’s adopted budget, the plan will largely stabilize existing spending programs. In last year’s record budget surplus, the vast majority of the new revenue was set aside for one-time investments due to the predicted economic outlook of the budget this year, which largely prevented the State from having a significant budget crisis. While the budget proposal includes various spending reductions and deferrals, it is important to note that the budget situation will continue to evolve over the next few months before its enactment. The Governor’s proposal will be updated in May to reflect changes to tax returns, inflationary pressures, and federal monetary policy that could result in additional spending cuts or the restoration of spending programs. On the policy side – based on the conversations that TPA has had with Legislators and staff in Sacramento – the 2023-24 session will be focused on the following policy priorities: • Plans to reduce homelessness • Addressing the growing behavioral health crisis • Ongoing housing production bills • Climate resiliency and adaptation requirements • Bolstering California’s electrical grid resiliency • Innovation and technology – especially in the transit/ZEV space Ongoing Communication TPA maintains weekly meetings with the Tri-Valley Cities Coalition’s legislative liaisons. Discussion is structured around relevant legislation and regulations on the state and federal levels, state budget and federal appropriations, as well as identifying regional priorities and regional concerns – discussions from which TPA can carry out the stated goals in the coalition’s legislative framework. The team at Townsend Public Affairs remains committed to maintaining frequent and easy communication with the Town of Danville in order to ensure we meet and exceed the policy prerogatives of Danville and the TVC coalition.