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LEGISLATIVE COMMITTEE MEMORANDUM 3.1
TO: Mayor and Town Council May 28, 2024
SUBJECT: May Legislative Report
BACKGROUND
During the month of May, the Legislature continued its work on fiscal legislation. On
May 16, the State Senate and Assembly Appropriations Committees held their respective
suspense file hearings, which serve as a filter for fiscal bills. Of the 1,009 bills on suspense
between the two committees, only 689 passed while 320 were held. The 31.7% hold rate
significantly exceeds the historic average percentage of bills held, which is around 25%.
Bills that successfully passed through the Appropriations Committee have until May 24
to be heard and passed by the Assembly and Senate Floors in order to advance to the
second house.
DISCUSSION
The Town’s Legislative Committee follows legislation that is identified as a priority
through the Tri-Valley Cities Coalition and by the Danville Town Council based upon
the Town’s legislative framework.
The Tri-Valley Cities Legislative Framework identifies six focus areas for the 2024 State
Legislative session including: Transportation and Infrastructure, Climate, Environment,
Health and Safety, Economic Development, Affordable Housing and Homelessness,
Mental Health, and Fiscal Sustainability. The bills and positions that are a priority for the
Tri-Valley coalition are discussed in the second half of this report.
The following bills have been identified as having an impact on Danville.
AB 2626 (Dixon) Advanced Clean Fleets regulations: local governments
This bill would extend the compliance dates for local government set forth in the
Advanced Clean Fleets Regulation by 10 years and would prohibit the state board from
taking enforcement action against a local government for violating the Advanced Clean
Fleets Regulation if the alleged violation occurs before January 1, 2025. This bill failed to
meet the policy committee deadline and is marked as inactive for the remainder of the legislative
session.
Position: Support
May Legislative Update 2 May 28, 2024
Tri-Valley Cities Coalition
AB 1779 (Irwin) Theft: Jurisdiction
This bill would permit the consolidation of specified theft charges, as well as all
associated offesnes, occurring in different counties into a single trail if the district attorney
in all involved juristidtions agree. This bill passed on the Assembly Floor with a 71-0-9 vote.
TVC Position: Support
AB 1794 (McCarty) Crimes: larceny
Under existing law, if the value of all property taken over the course of distinct but related
acts motivated by one intention, general impulse, and plan exceeds $950, those values
may be aggregated into a single charge of grand theft. This bill would clarify that those
values may be aggregated even though the thefts occurred in different places or from
different victims. The bill would also, declarative of existing law, provide that
circumstantial evidence may be used to prove that multiple thefts were motivated by one
intention, general impulse, and plan. This bill passed on the Assembly Floor with a 69-0-11
vote..
TVC Position: Support
AB 1820 (Schiavo) Housing development projects: applications: fees and exactions.
This bill would authorize a development proponent that submits a preliminary
application for a housing development project to request a preliminary fee and exaction
estimate, as defined, and would require the local agency to provide the estimate within
30 business days of the submission of the preliminary application. For development fees
imposed by an agency other than a city or county, the bill would require the development
proponent to request the fee schedule from the agency that imposes the fee. Updated bill
language reflects requested amendments, therefore the TVC as a neutral position on this bill. This
bill passed on the Assembly Floor with a 72-0-8 vote.
TVC Position: Neutral
AB 1886 (Alverez) Housing Element Law: substantial compliance: Housing
Accountability Act
Current law requires the Department of Housing and Community Development to
review and determine whether a housing element substantially complies with the
Housing Element Law. If the department finds that a draft housing element or
amendment does not substantially comply with the Housing Element Law, current law
requires the legislative body of the city or county to either (A) change the draft element
or amendment to substantially comply with the Housing Element Law or (B) adopt the
draft housing element or amendment without changes and make specified findings as to
why the draft element or amendment substantially complies with the Housing Element
Law despite the findings of the department. This bill would require a planning agency
that makes the above-described findings as to why a draft housing element or
amendment substantially complies with the Housing Element Law despite the findings
May Legislative Update 3 May 28, 2024
of the department to submit those findings to the department. The bill would require the
department to review those finding in its review of an adopted housing element or
amendment. The bill would create a rebuttable presumption of validity for the
department’s findings as to whether the adopted element or amendment substantially
complies with the Housing Element Law. This bill passed on the Assembly Floor with a 52-
3-25 vote.
TVC Position: Oppose
AB 2021 (Bauer-Kahan) Crimes: selling or furnishing tobacco or related products and
paraphernalia to underage persons
Existing law prohibits the sale or furnishing of tobacco or tobacco products or
paraphernalia, as specified, to a person who is under 21 years of age. This bill would
create a separate fine of $1,000 for the first offense, $5,000 for the 2nd offense, and $10,000
for the 3rd offense for firms, corporations, businesses, retailers, or wholesalers, who
violate this prohibition. This bill passed on the Assembly Floor with a 72-0-8 vote.
TVC Position: Support
AB 2243 (Wicks) Affordable Housing and High Road Jobs Act of 2022: objective
standards and affordability and site criteria
The Affordable Housing and High Road Jobs Act of 2022, until January 1, 2033, authorizes
a development proponent to submit an application for an affordable housing
development or a mixed-income housing development that meets specified objective
standards and affordability and site criteria, including being located within a zone where
office, retail, or parking are a principally permitted use. The act makes a development
that meets those objective standards and affordability and site criteria a use by right and
subject to one of 2 streamlined, ministerial review processes depending on, among other
things, the affordability requirements applicable to the project. This bill would make
various changes to the objective standards and affordability and site criteria applicable
to an affordable housing development or mixed-income housing development subject to
the streamlined, ministerial review process under the act. This bill passed on the Assembly
Floor with a 71:0:9 vote.
TVC Position: Oppose Unless Amended
AB 2943 (Zbur, Rivas) Crimes: shoplifting
Known as the Retail Theft Reduction Act, this bill creates a new crime targeting "serial"
retail thieves, with a penalty of up to three years’ incarceration for possession of stolen
property with intent to resell. Additionally, it clarifies that similar thefts from different
victims can be aggregated to charge grand theft if certain criteria are met. This measure
also provides new tools to law enforcement to arrest for shoplifting based on a witness's
sworn statement or video footage of the crime and extends the ability of police to keep
repeat offenders in custody. This bill passed on the Assembly Floor with a 66-0-14 vote.
TVC Position: Support
May Legislative Update 4 May 28, 2024
SB 402 (Wahab) Involuntary commitment.
Existing law, the Lanterman-Petris-Short Act, authorizes the involuntary commitment
and treatment of persons with specified mental disorders. Under the act, when a person,
as a result of a mental health disorder, is a danger to self or others, or gravely disabled,
the person may, upon probable cause, be taken into custody by specified individuals,
including, among others, by peace officers and designated members of a mobile crisis
team, and placed in a facility designated by the county and approved by the State
Department of Health Care Services for up to 72 hours for evaluation and treatment. This
bill would additionally authorize a person to be taken into custody, pursuant to those
provisions, by a licensed mental health professional, as defined. This bill passed on the
Senate Floor with a 37:1:2 vote.
TVC Position: Support
SB 903 (Skinner) Environmental health: product safety: perfluoroalkyl and
polyfluoroalkyl substances.
This bill would, beginning January 1, 2032, prohibit a person from distributing, selling,
or offering for sale a product that contains intentionally added PFAS, as defined, unless
the Department of Toxic Substances Control has made a determination that the use of
PFAS in the product is a currently unavoidable use, the prohibition is preempted by
federal law, or the product is previously used. The bill would specify the criteria and
procedures for determining whether the use of PFAS in a product is a currently
unavoidable use, for renewing that determination, and for revoking that determination.
This bill was held in the Senate Appropriations Committee and will be marked inactive for the
remainder of the legislative session.
TVC Position: Support
SB 905 (Wiener) Unlawful entry of a vehicle.
This bill creates a new crime for unlawfully possessing property that was acquired
through one or more acts of theft from a vehicle, unlawful entry of a vehicle, burglary of
a locked vehicle, or vehicle tampering, whether or not the person committed the act of
theft, burglary or vehicle tampering. This bill specifies that a violation of unlawfully
possessing property acquired through theft of a vehicle is punishable by imprisonment
in the county jail for up to one year or 16 months, or 2 or 3 years in county jail. This bill is
passed on the Senate Floor with a 38-0-02 vote.
TVC Position: Support
SB 1011 (Jones) Encampments: penalties.
This bill would prohibit a person from sitting, lying, sleeping, or storing, using,
maintaining, or placing personal property upon a street or sidewalk if a homeless shelter
is available to the person. The bill would also prohibit sitting, lying, sleeping, or storing,
using, maintaining, or placing personal property within 500 feet of a public or private
school, open space, or major transit stop, as specified. The bill would specify that a
violation of this prohibition is a public nuisance that can be abated and prevented, as
May Legislative Update 5 May 28, 2024
specified. The bill would also provide that a violation of the prohibition may be charged
as a misdemeanor or an infraction, at the discretion of the prosecutor. The bill would
prohibit a person from being found in violation of the bill’s provisions unless provided
notice, at least 72 hours before commencement of any enforcement action, as specified.
This bill failed to meet the policy committee deadline and is marked inactive for the remainder of
the legislative session.
TVC Position: Watch
SB 1031 (Wiener, Wahab) San Francisco Bay Area: local revenue measures:
transportation improvements.
This bill authorizes the Metropolitan Transportation Commission
(MTC) to propose new taxes, allocate new revenue and issue bonds for specified
transportation projects, and requires the State Transportation Agency to consider
transit agency consolidation within the San Francisco Bay area. This bill is passed in the
Senate Appropriations Committee and is awaiting hearing on the Senate Floor.
TVC Position: Watch
SB 1060 (Becker) Property insurance underwriting: risk models.
This bill requires a property insurer that employs risk models for underwriting purposes
that account for wildfire risk reduction associated with hazardous fuel reduction, home
hardening, defensible space, and fire prevention activities for properties, communities,
and landscapes, to provide to the Department of Insurance information that
demonstrates compliance with these provisions. This bill passed on the Senate Floor with a
29-8-3 vote.
TVC Position: Support
Additional Advocacy Efforts
The Tri-Valley Cities Council met on May 22. Agenda items include a legislative update
from Townsend Public Affairs and the League of California Cities, along with a
presentation from the Livermore Police Department on various programing.
State Budget
The Governor’s 2024-2025 Proposed Budget, released in January 2024, revealed an
estimated $37.9 budget deficit, which was significantly lower than the Legislative
Analyst’s estimate of $68 billion. In an effort to address the looming budget deficit ahead
of schedule, the Legislature passed an Early Action Budget Package (AB 106) in April that
reduced the size of the budget shortfall by $17.3 billion. The Early Action budget package
included cuts to undisbursed one-time spending programs across the previous three
budgets.
On May 10, Governor Newsome released his May Revise Budget. The May Revise reflects
changes to tax returns, inflationary pressures, and federal monetary policy that could
result in additional spending cuts or the restoration of spending programs. In his
May Legislative Update 6 May 28, 2024
presentation, the Governor estimates a remaining $27.6 billion deficit this year, as well as
ongoing deficits of around $30 billion per year beginning in 2025. The May Revise takes
into account the budget solutions proposed in the January 10 budget (including those
proposals that were and were not included in the Early Action Budget Package), adds the
additional revenue reductions to the problem, and then proposes the additional solutions
necessary to close the entire gap.
Similar to the January Proposed Budget, the May Revise also revealed a deficit
discrepancy: the LAO now estimates that the true deficit number is approximately $50
billion. The LAO’s estimates are designed to offer a different perspective as the Governor
and Legislature begin negotiations on the state’s spending plan. Budget hearings will
continue over the next month before the June 15 constitutional deadline of when the
Budget Act must be passed.
Housing Element Review Audit
On May 14, the Joint Legislative Audit Committee met for the purpose of considering
various audit requests from members of the Assembly and Senate. Among the requested
audits was a request by Senator Glazer to audit the State Department of Housing and
Community Development (HCD) related to the Housing Element Review, Procedures,
and Oversight. The Tri-Valley Cities Coalition submitted a letter in support of Senator
Glazor’s audit request. The audit was unanimously approved (13-0), and will move to
the State Auditor’s Office to conduct the audit and report back to the Legislature.
The timing for the audit will be based on the State Auditor’s current workload, as well as
the depth and breadth of the audit request. Currently, the State Auditor is still working
on audit requests that were made by the Joint Legislative Audit Committee last year, so
it will likely be early 2025 before the audit is complete.
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
May Legislative Update 7 May 28, 2024
Reviewed by:
Joseph Calabrigo
Town Manager
Attachment A – Bill Summaries/Analysis
Attachment B – TVC Comment Letter AB 1820
Attachment C – TVC Letter of Support AB 2943
Attachment D – TVC Letter of Support SB 903
Attachment E – TVC Letter of Support Glazer’s HCD Audit Request
Attachment F – Press Release Senator Glazer Applauds Audit of State Housing
Departments
ATTACHMENT A
Tri-Valley Cities
DANVILLE • DUBLIN • LIVERMORE • PLEASANTON • SAN RAMON
April 22, 2024
The Honorable Pilar Schiavo California State Assembly 1021 O Street, Room 4140 Sacramento, CA 95814
Re: AB 1820 (Schiavo) Housing development projects: applications: fees and exactions Comment Letter from the Tri-Valley Cities Coalition
Dear Assembly Member Schiavo,
On behalf of the Tri-Valley Cities Coalition which includes the cities of Dublin, Livermore, Pleasanton, San Ramon, and the Town of Danville, we write to express our appreciation to you, and appreciation to your staff, and the sponsors of AB 1820 for meeting with Members of our
coalition to discuss concerns we had with the introduced version of the bill.
Since our discussion, we acknowledge the amendments that have been made to the bill which satisfy many of the concerns we presented. These amendments include:
1. Increasing the response time to requests for local agency fee schedules from 10 to 20business days.
2.For development fees imposed by an agency other than a city or county, including feeslevied by a school district or a special district, having the development proponent requestthe final sum total amount of all fees and exactions imposed by the agency that will apply
to the project.
3.Adding clarifying language that the itemized list and total sum of fees and exactions is to
be provided upon final approval of a housing development project.
Again, we appreciate the work of you and your staff and thank you for the collaboration.
Sincerely,
______________________ ____________________
City of Pleasanton City of San Ramon
Mayor Karla Brown Mayor David E. Hudson
__________________ ____________________ ____________________
Town of Danville City of Dublin City of Livermore Mayor Karen Stepper Mayor Melissa Hernandez Mayor John Marchand
ATTACHMENT B
Tri-Valley Cities
DANVILLE • DUBLIN • LIVERMORE • PLEASANTON • SAN RAMON
May 6, 2024
The Honorable Rick Chavez Zbur
California State Assembly
1021 O Street, Suite 4250
Sacramento, CA 95814
RE: AB 2943 (Zbur) Crimes: shoplifting
Tri-Valley Cities Coalition – Letter of Support
Dear Assembly Member Zbur,
On behalf of the Tri-Valley Cities Coalition which includes the cities of Dublin, Livermore,
Pleasanton, San Ramon, and the Town of Danville, we would like to express our support for your
bill, AB 2943, which would enact the California Retail Theft Reduction Act, which contains multiple
provisions pertaining to shoplifting, grand theft, criminal deprivation of a retail business
opportunity, and theft-related probation and diversion.
As you know, throughout California, including in our communities, there has been a significant
uptick in crime year after year – from blatant retail theft and burglary, to even more violent crimes.
While we understand that there are various approaches to dealing with crime and ways to mitigate
it, bills like this, along with proper enforcement, are absolutely essential to safe, vibrant, and
prosperous cities, be they urban, suburban, or rural.
While all of the provisions of this piece of legislation will be helpful, we especially appreciate and
want the emphasize the importance of the following components:
1. Authorizing a peace officer to make a warrantless arrest for misdemeanor shoplifting if the
officer has probable cause based on a sworn statement from a person who witnessed the
suspect committing the alleged violation or the officer observing video footage that shows
the suspect committing the alleged violation.
2.Clarifying, in the existing grand theft statute, that distinct but related acts of theft against
multiple victims and such acts committed in multiple counties may be aggregated and
charged as grand theft.
The above stated components are critical missing pieces to California’s approach to combating
crime and retail theft in particular.
ATTACHMENT C
Tri-Valley Cities
DANVILLE • DUBLIN • LIVERMORE • PLEASANTON • SAN RAMON
Again, the Tri-Valley Cities Coalition is proud to support AB 2943 and we thank you for your
leadership on this issue.
Sincerely,
______________________ ____________________
City of Pleasanton City of San Ramon
Mayor Karla Brown Mayor David E. Hudson
CC: Senator Steven Glazer
Assembly Member Rebecca Bauer-Kahan
__________________ ____________________ ____________________ Town of Danville City of Dublin City of Livermore Mayor Karen Stepper Mayor Melissa Hernandez Mayor John Marchand
Tri-Valley Cities
DANVILLE • DUBLIN • LIVERMORE • PLEASANTON • SAN RAMON
May 6, 2024
The Honorable Nancy Skinner
California State Senate
1021 O Street, Suite 8630
Sacramento, CA 95814
RE: SB 903 (Skinner) Environmental health: product safety: perfluoroalkyl and
polyfluoroalkyl substances
Tri-Valley Cities Coalition – Letter of Support
Dear Senator Skinner,
On behalf of the Tri-Valley Cities Coalition which includes the cities of Dublin, Livermore,
Pleasanton, San Ramon, and the Town of Danville, we wish to express our support for your bill,
SB 903, which would prohibit a person from distributing, selling, or offering for sale in the state a
product that contains intentionally added per- or poly-fluoroalkyl substances (PFAS) unless the
use of PFAS is currently unavoidable.
As you know, PFAS have been and continue to be used in a broad range of industrial processes
and in manufacturing products because of their water- and stain-resistant, nonstick, surfactant,
and other properties. PFAS is used for making packaging, plastic food ware, cleaning products,
ski waxes, menstrual products, metal products, propellants, coatings and paints, and much more,
despite the growing body of evidence that these chemicals may leach into food, water supplies,
and even the human body through exposures.
While many communities across California are seeing the negative impacts of PFAS, the Tri-
Valley has been hit particularly hard. The City of Pleasanton, for example, has had to shut down
several water wells, which are critical for the City’s water supply, because of the significant
presence of PFAS. Not only has this strained other water suppliers as they try to help meet the
City’s water demand, but it has also come at a cost to the public as well as the fiscal situation of
the City. The City’s PFAS remediation project will cost roughly $50 million.
The ever-growing presence of these forever chemicals is a reality that California cannot accept.
This bill is an absolutely critical step to reducing the harm caused by PFAS to our communities
and future generations.
ATTACHMENT D
Tri-Valley Cities
DANVILLE • DUBLIN • LIVERMORE • PLEASANTON • SAN RAMON
For these reasons, the Tri-Valley Cities Coalition is proud to support SB 903 and we thank you
for your leadership on this issue.
Sincerely,
______________________ ____________________
City of Pleasanton City of San Ramon
Mayor Karla Brown Mayor David E. Hudson
CC: Senator Steven Glazer
Assembly Member Rebecca Bauer-Kahan
__________________ ____________________ ____________________ Town of Danville City of Dublin City of Livermore
Mayor Karen Stepper Mayor Melissa Hernandez Mayor John Marchand
Tri-Valley Cities
DANVILLE • DUBLIN • LIVERMORE • PLEASANTON • SAN RAMON
May 9, 2024
The Honorable Gregg Hart The Honorable John Laird
Chair, Joint Legislative Audit Committee Vice-Chair, Joint Legislative Audit Committee
1020 N Street, Room 107 1020 N Street, Room 107
Sacramento, CA 95814 Sacramento, CA 95814
Re: Senator Glazer’s JLAC Audit Request on Housing Element Process
Letter of Support from the Tri-Valley Cities Coalition
Dear Chair Hart and Vice-Chair Laird,
On behalf of the Tri-Valley Cities Coalition which includes the cities of Dublin, Livermore,
Pleasanton, San Ramon, and the Town of Danville, we write to express our support for Senator
Glazer’s request to your committee, for the audit of the CA Department of Housing and
Community Development’s Housing Element Process.
As you know, serious concerns have been raised about the timeliness, consistency, and fair
application of HCD’s standards and procedures. While all of our cities now have certified housing
elements, the process was long, arduous, and required our cities to jump through unnecessary
hoops to achieve our certification.
We feel that Senator Glazer’s letter to your committee adequately denotes the primary concerns
we have with the Housing Element Process:
•Unclear timeline for submission
•Inconsistent and unclear feedback from reviewers who did not respond to city follow-up
•Especially unclear feedback on new requirements for housing elements
Thank you for your serious consideration and again, we strongly urge your support for this audit
request.
Sincerely,
______________________ ____________________
City of Pleasanton City of San Ramon
Mayor Karla Brown Mayor David E. Hudson
CC: Senator Steven Glazer
__________________ ____________________ ____________________ Town of Danville City of Dublin City of Livermore Mayor Karen Stepper Mayor Melissa Hernandez Mayor John Marchand
ATTACHMENT E
For Immediate Release: Contact: Steven Harmon
May 14, 2024 916-651-4007 (office)
916-539-5005 (cell)
Senator Glazer Applauds Audit of
State Housing Department
A response to cities’ concerns that the bureaucracy has been
inconsistent and unfair in approving plans for housing
SACRAMENTO – The Joint Legislative Audit Committee today approved Senator Steve
Glazer’s request to audit the housing element review process conducted by the California
Department of Housing and Community Development (HCD).
Senator Glazer requested the audit after serious concerns were raised by cities across the state
about the timeliness, consistency and fair application of HCD’s standards and procedures.
“We have an affordable housing crisis and cities are working hard to create the zoning for
enhanced housing construction,” said Senator Glazer, D-Contra Costa. “If we are going to
require cities to uphold many state standards in their housing plans, the state must provide clear
and consistent guidance to cities. This audit will help provide legislative insight and scrutiny of
the work of this important housing department.”
California law requires all local governments to adopt a housing element as part of their general
plan that complies with state housing laws. Every eight years on a rolling basis, cities and
counties must submit updated housing elements to the HCD for review and approval. A housing
element is how cities plan where new homes are located.
The audit’s scope will include:
•A determination of how clear the HCD’s standards and regulations are for housing
elements.
•An assessment of how responsive HCD has been to local governments.
•A measure on how many different reviewers evaluate a jurisdiction’s housing element.
•A determination of the consistency of HCD’s comments and reviews.
ATTACHMENT F
• An evaluation of the clarity of HCD’s feedback.
• An assessment of how HCD communicates housing element submission deadlines to
local governments.
• An evaluation of HCD staffing levels and the turnover rate.
• An analysis of how HCD trains its new and existing staff assigned to review housing
elements.
Senator Glazer’s request was supported by the League of California Cities. The audit will be
conducted beginning this fall.
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