MEETING DATE:
SEPTEMBER 10, 2024
SUBJECT:
Title
RESOLUTION NO. 2024-9350 - LEGISLATIVE REPORT
Body
Recommendation
Recommendation
ADOPT a resolution taking a position on pending legislation in the California State Legislature and projects of local impacts.
Body
Relevant Council Strategic Theme
Planning for the Future
Good Governance
Introduction
The City Council adopted the 2024 Legislative Platform to guide the consideration of state and federal bills that affect City operations. In keeping with that direction, this report provides updates on State legislative activities and proposed legislation with several recommended positions on current iteration of bills in print and significant projects with local impacts. Staff will continue to monitor and collaborate with Cal Cities and our lobbyist teams to bring forward for future City Council consideration such additional positions on proposed legislation as are consistent with its Legislative Platform.
Discussion
During the last week of the legislative session, the Senate and Assembly floors were buzzing with activity to get bills heard and passed. Several high profile “gut-and-amends” bills were updated this week, including a bill package on consumer protection from high gas and energy prices that’s being pushed by the Governor and has called a special session next month to address the issues.
Assemblymembers Juan Carrillo and Eloise Reyes were able to push AB 98 through even with heavy opposition from the League of Cities and CalED. This a bill creates significant new environmental requirements for any logistics warehouse in the state. AB 98 would limit new or expanded warehouses on existing and rezoned industrial sites within 900 feet of sensitive receptors unless specific standards are met. Cities would also need to update their circulation elements to account for related truck routes, signage, parking, and idling. Cities that fail to do so could face $50,000 fines every six months from the Attorney General. The bill is supported by labor groups and strongly opposed by environmental justice and local governments, including CSAC and the League of Cities.
AB 3093 would add new income categories to the Regional Housing Needs Assessment framework. The state budget included significant cuts to affordable housing programs and still lacks ongoing funding to support the type of housing this bill is supporting. No new funding is identified or provided to develop these plans, implement strategies, or support the construction of affordable housing. Governor Newsom is sponsoring AB 3093, making a veto statistically and historically unlikely.
AB 2023 would create a rebuttable presumption of invalidity in any legal action challenging an action or failure to act by a jurisdiction if HCD finds that the jurisdiction’s action or failure to act does not substantially comply with its adopted housing element or specified obligations under the Housing Element Law. The bill additionally makes changes to the timelines for housing element submittals, including adding over 90 days to the adoption process, making it substantially more difficult to comply with the existing statutory deadline.
SB 972 is Cal Cities co-sponsored bill requiring CalRecycle to strengthen statewide efforts to support local jurisdictions to remove organic waste from landfills and reduce methane emissions. The bill would require CalRecycle to develop procedures to allow local jurisdictions to request assistance and would also require CalRecycle to report back to the Legislature on the progress of diverting organic waste from landfills by 2028 and how to better align organic waste efforts with the state’s other climate goals and policies by 2031.
Bills with official San Marcos positions are attached for reference to this report (Attachment A).
Staff is recommending letters in support or opposition (Attachment C) for the following bills and projects.
|
AB 98 |
Carrillo |
The bill would limit new or expanded logistics use developments and warehouses on existing and rezoned industrial sites within 900 feet of sensitive receptors (including homes, hospitals, schools, and public recreational areas) unless specific standards are met. The bill would also require all local governments to update their circulation elements logistic use development information, including truck routes, signage, parking, and idling, and would authorize the Attorney General to fine local jurisdictions $50,000 every six months if they are not in compliance. |
OPPOSE |
|
AB 3093 |
Ward |
The bill, which is sponsored by the Governor, would create a new income category “acutely low” which is defined as being persons and families that do not exceed 15% of AMI. The “extremely low” category will now be 15% to 30% of AMI. |
OPPOSE |
|
AB 2023 |
Quirk Silva |
This bill would create a rebuttable presumption of invalidity in any legal action challenging an action or failure to act by a jurisdiction if HCD finds that the jurisdiction’s action or failure to act does not substantially comply with its adopted housing element or specified obligations under the Housing Element Law. The bill additionally makes changes to the timelines for housing element submittals, including adding over 90 days to the adoption process, making it substantially more difficult to comply with the existing statutory deadline. |
OPPOSE |
|
AB 972 |
Min |
CalRecycle would be required to develop procedures to allow local jurisdictions to request assistance and would require CalRecycle to report back to the Legislature on the progress of diverting organic waste from landfills by 2028 and how to better align organic waste efforts with the state’s other climate goals and policies by 2031. |
SUPPORT |
Environmental Review
The proposed action does not constitute a “project” as defined under Section 15378 of the California Environmental Quality Act Guidelines (California Code of Regulations, Title 14, Division 6, Chapter 3, Sections 15000 - 15387), and is therefore not subject to environmental review pursuant to Guidelines Section 15060(c)(3).
Fiscal Impact
There is no direct fiscal impact associated with adopting the proposed resolution. Unknown fiscal impacts are associated with the bills in Attachment A. A more thorough analysis of each bill’s implementation requirements is needed to demonstrate total fiscal impact.
Attachments
Attachment A: Bill List of Official City position
Attachment B: Resolution
Attachment C: Draft letters
Prepared by: Phil Scollick, City Clerk
Approved by: Michelle Bender, City Manager