HomeMy WebLinkAboutED Legislation Status Report 2010GITV OF
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Agenda Item No: 3
Meeting Date: April 5, 2010
SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: City Manager
Prepared by: Stephanie Lovette) l City Manager Approval-
Economic Development Coordina or
SUBJECT: STATUS REPORT ON LEGISLATION IMPACTING THE
CITY OF SAN RAFAEL
RECOMMENDATION: Accept Report.
BACKGROUND: The State Legislature reconvened in January for the 2010 legislative session
and to paraphrase Mark Twain -"No man's life, liberty, or property are safe". The majority of the
action in this session will be solving the State's fiscal issues but that has not precluded the legislators
from introducing bills.
The Legislative Calendar for 2010 is as follows
Last day for bills to be introduced
February 19th
Policy committees hearings
April
Fiscal Committee hearings for bills with fiscal impacts
April/ May
Last date to receive a Fiscal Committee recommendation
May 281h
Last date to pass bills out of their house of origin.
June 4`h
The Legislature will recess in July, provided the budget bill is passed. Everyone predicts it will be a
long hot summer in Sacramento.
ANALYSIS: The City of San Rafael responds to proposed legislation in several ways. The first is
through the League of California Cities. League staff analyzes the impact to cities from proposed
legislation and provides sample letters of support or opposition to their City members.
San Rafael also has representation on the Legislative Committee of the Marin County Council of
Mayors and Councilmember's ("MCCMC"). The MCCMC Legislative Committee was
established in the organization's bylaws with one member from each City/Town Council and two
City Managers or their designees. Greg Brockbank is the San Rafael representative and Barbara
Heller is the alternate. The two City Mangers are from Belvedere and San Rafael. Nancy Mackle
and Stephanie Lovette have been designated by Ken Nordhoff to staff this committee.
FOR CITY CLERK ONLY
File No.:
Council Meeting:
Disposition:
The Committee's duties are to review Federal and State legislation effecting MCCMC members.
The Committee's scope of advocacy falls into the categories of fiscal protection, local control,
transportation investments, housing/land use and other issues directly and significantly impacting
Marin County cities and towns. MCCMC has hired the firm of Emanuels Jones to represent
Marin interests in Sacramento.
Occasionally, legislation is proposed that does not impact the majority of the MCCMC members.
In these situations, the impacted cities generally take an individual position. For example, San
Rafael and Novato take individual positions on issues pertaining to redevelopment agencies.
There are also situations where a City Council takes an individual position in addition to the
MCCMC action because the Council wants to provide a stronger public statement about their
position on a particular issue or a city has additional information to present regarding the impact
of the proposed legislation on that city.
The City of San Rafael has also utilized the services of Emanuels Jones to represent us on issues
specific to San Rafael. This report includes a bill, SB 1036, that was suggested by Andrew
Thompson, the City's Revenue Supervisor and developed by Emanuels Jones.
The attached chart provides some limited information on the 2010 Session bills that the League of
CA Cities and our lobbyist, David Jones, believe will negatively impact cities. Of the thirteen bills
listed MCCMC has taken a position on five of them. This is just the initial analysis. Bills are often
"gutted and amended" incorporating a completely different issue. Our Sacramento team will notify
us if the reconstituted bill will impact cities.
Staff with the help of the League and Emanuels Jones, will return to the Council in May with an
update on legislative actions. Staff will report on actions taken by the MCCMC Legislative
Committee and provide information on any additional actions recommended for the City Council
to act on independent of MCCMC.
FISCAL IMPACT: Unknown at this time. No direct impact on the City of San Rafael.
ACTION REQUIRED: Accept the report.
ATTACHMENTS: A: List of currently proposed legislation impacting cities.
B: Senator Lena's 2010 Bills
C: Assembly member Huffman's 2010 Bill summaries
2010 Legislation Potentially Impacting Marin County
For MCCMC Consideration
Provided by Emanuels Jones
April 1, 2010
Bills with San Rafael Connection
SB 1036 (Cedillo & Huffman) RE: Tax administration: disclosure information:
Locally known as the Thompson bill. City has written a letter of support
Impetus for this bill as Andrew Thompson, City Revenue Supervisor, responding the Assembly
member Huffman's "There outta be a Law" contest.
AB 2317 (Saldana) RE: Collect administrative costs for Code Enforcement Actions.
Locally known as the Lydia Bill. MCCMC has written a letter of support for this bill.
This bill was developed by Lydia Romero in the City of San Marcos.
The bill would authorize a local government body to also collect fines using a nuisance abatement lien
or a special assessment. San Rafael already does this under our Charter City authority. This bill would
extend the provision to General Law cities.
Bills that MCCMC or the City have taken a position on
AB 155 (Mendoza) RE: City Bankruptcy
League and MCCMC opposed this bill last year.
Requires approval of the California Debt and Investment Advisory Commission (CDIAC), and under
CDIAC's terms and conditions, for a local public entity to file a petition and exercise powers pursuant
to applicable federal bankruptcy law.
SB 1100 (Corbett) RE: Battery Stewardship Act
Marin County Hazardous & Solid Waste JPA, of which San Rafael is a member, supports this bill.
Would require battery manufacturers to create and maintain a program of stewardship for batteries at
the end of their useful life.
SB 1141 (Negrete- McLeod) RE: Reduction of Local Land Use Authority -Airports in Marin
County
MCCMC has opposed this bill
Under existing law, the general plan or special plans of a local agency, including a city, county, or
special district, are required to be consistent with the airport land use compatibility plan, and each local
agency whose general plan or plans includes areas covered by an airport land use compatibility plan is
required to submit a copy of its plan, any amendment, any zoning ordinance, and any building
regulation, to the airport land use commission, unless exempted, or to the designated body performing
planning as an alternative to the airport land use commission. If the plan, amendment, zoning
ordinance, or building regulation is inconsistent with the airport land use compatibility plan, the airport
land use commission or designated body is required to notify the local agency, and the local agency is
required to have a hearing to reconsider its plan or action.
ATTACHMENT A
Under existing law, a public agency owning any airport within the boundaries of an airport land use
compatibility plan may overrule an airport land use commission's action or recommendation affecting
an airport within the jurisdiction of that public agency, after a hearing, by a 2/3 vote of its governing
body, except the County of Marin, which may overrule by a majority vote of its governing body. This
bill would repeal the authority of the County of Marin to overrule an airport land use commission's
action or recommendation affecting an airport within the county by a majority vote.
SB 1258 (Kehoe) RE: Property tax insurance surcharge for Mutual Aid
MCCMC has supported this bill
This bill would require the Secretary of California Emergency Management to allocate funds to
specified entities, for the purpose of enhancing or sustaining fire and rescue disaster mutual aid
capacity to combat the effect of all hazard disasters, as provided.
This bill would also require the secretary, in consultation with specified entities, to develop a strategy,
as provided, for the enhancement of mutual aid, and would require each fire and rescue operational
area to submit a 3 -year strategy for the enhancement of fire and rescue disaster mutual aid, as
specified, to the secretary.
Insureds would be required to pay a special purpose surcharge on commercial and residential fire and
multiperil insurance policies, including policies with combined property and liability coverage, issued
or renewed on or after July 1, 2010, as specified. Funds from this surcharge would be available for
appropriation by the Legislature to fund emergency activities, as defined, of the California Emergency
Management Agency, the Department of Forestry and Fire Protection, and the Military Department.
OTHER IMPORTANT BILLS FOR SAN RAFAEL-MARIN COUNTY- not yet evaluated by
MCCMC
SB 949 (Oropeza) RE: Local vehicle penalties
League position is pending.
Prohibits a local authority from enacting or enforcing an ordinance that assesses a penalty for a
violation of matters covered by the Vehicle Code that is different than the penalty expressly provided
for in that code unless expressly authorized.
SB 1275 RE: Foreclosure Prevention: This bill would require a loan servicer to consider a
homeowner's eligibility, at the homeowner's request, for a federal Home Affordable Modification
Program (HAMP) or other loan modification or other alternatives to foreclosure, prior to initiating the
foreclosure process through filing of a Notice of Default. This will avoid unnecessary foreclosures of
residential properties when a loan modification or other alternative is a viable and economically
desirable option for both the borrower and the holder of the loan. Note: May be most relevant to
Novato & San Rafael
AB 1668 (Knight) RE: Local City Council Vacancies
Existing law requires a city council to, within 30 days of a vacancy in an elective office, fill that
vacancy by appointment or call a special election to fill the vacancy, as specified.
This bill would require the city council to, within 60 days of a vacancy in an elective office, fill that
vacancy by appointment or call a special election to fill the vacancy, as specified.
AB 1676 (Fuentes) RE: Elected Officials Place of Residence
This bill would require that a person elected to a state or local public office maintain his or her place of
residence within the jurisdiction within which voters are qualified to vote for the office during his or
her term of office. The bill would require a person who violates this provision to immediately forfeit
his or her office and would disqualify the person from holding any state or local public office in the
future.
AB 1678 (Lieu) RE: Release of State Prisoners
Existing law provides generally for the release of prisoners from the state's prison system. This bill
would state the intent of the Legislature to later amend this bill to enact provisions that would prohibit
the California Department of Corrections and Rehabilitation (CDCR) from releasing prisoners who
have committed, or intend to commit, certain specified crimes; to require the CDCR to notify local law
enforcement with certain specified information regarding released prisoners; and to require the CDCR
to provide a list of crimes committed by prisoners being released early on the CDCR's Internet Web
site.
AB 2253 (Coto) RE: Workers Compensation -Cancer Presumption
League & MCCMC opposed last year as AB 128
Presumption that emergency workers diagnosed with cancer were exposed to carcinogens on the job.
AB 2631 (Logue) RE: Local Police reporting on Immigration Status
League position is to watch.
Declares that any ordinance or policy of a city, county, city and county, or law enforcement agency
that prevents or limits a law enforcement agency, or an employee of a law enforcement agency, from
notifying federal authorities that a person may be within the country illegally is void and not of any
force or effect. This bill would allow a resident of the local jurisdiction to apply for a writ of mandate
to compel the entity to comply with these provisions.
Senator Mark Leno's 2010 Bill Summaries
SB 906 - Civil Marriage and Religious Freedom Act
Some opponents of equal marriage rights for all couples have cited fears that churches
and religious institutions will be forced to perform any and all marriages. This bill
resolves any uncertainty by reaffirming that religious denominations and individual
clergy members are free to determine which marriages they solemnize and that they will
not lose their tax exempt status for refusing to solemnize marriages contrary to their
faith.
SB 1163 — Health Insurance Transparency & Accountability Act
This consumer protection measure requires health care plans and insurers to publicly
disclose the criteria used in determining premium increases so that consumers can hold
plans and insurers responsible for how their health care dollars are managed. The bill
further requires that consumers be notified 90 days before premium increases.
Additionally, it requires plans and insurers to publicly disclose the criteria used in
determining who is refused coverage as well as how many California businesses and
individuals are denied coverage or offered a policy at a higher premium.
SB 1200 — Timely Access to Care for Students
Federal law protects students with medical conditions such as diabetes who require
medical care during school hours, and mandates that health care services including
insulin injections be administered by appropriately licensed medical staff. This bill
ensures that health plans and health insurers pay for timely access to care for school
aged enrollees who must receive medically necessary health care services during
school hours.
SB 1212 - Cell Phone Radiation Disclosure
This bill requires the disclosure of a cell phone's radiation (known as the Specific
Absorption Rate or SAR) level at the point of sale, on the cell phone's packaging and in
the instruction manual. This information will better inform consumers and mobile phone
users about potential health impacts associated with a particular cell phone.
SB 1254 — Unlicensed Contractors
Under current law, property owners can be held liable for injuries to uninsured workers
and the Contractors' License Board (CSLB) has no direct authority to intervene. This bill
gives the CSLB the tools they need to fight unlicensed contractors by providing the
Registrar with the authority to issue administrative Stop Work Orders and an increased
number of enforcement officers to ensure compliance. This will help eliminate the unfair
advantage unlicensed construction contractors have over legitimate licensees.
SB 1264 —Airline Passenger Bill of Rights
This bill establishes standards and provides needed protections for passengers who are
forced to remain on a plane for more than two hours by requiring airlines to provide
water, food, fresh air, and functioning restrooms. The bill codifies and gives the force of
law to recently enacted federal regulations, including fines for failure to comply.
ATTACHMENT B
SB 1275 — Home Foreclosure Prevention
The bill requires a loan servicer to provide an application for a loan modification to a
homeowner, and determine eligibility for a modification or other alternative to
foreclosure for those who complete the application, prior to filing of a Notice of Default.
This will help avoid unnecessary foreclosures of residential properties when a loan
modification or other alternative is a viable and economically desirable option for both
the borrower and the holder of the loan.
SB 1291 - Toxics Reform for Consumer Goods
This bill states the legislature's intent to suspend a bedding flammability standard until it
has been evaluated in light of the health and environmental hazards posed by flame
retardant chemicals.
SB 1317 — Combating Chronic Truancy
Chronically truant children are at extremely high risk of falling into our juvenile justice
system later in life. This bill places greater responsibility on parents and strengthens
local jurisdictions' ability to combat chronic elementary school truancy by making it a
misdemeanor for parents to allow their children to miss 10% or more of the school year.
The bill also emphasizes the importance of effective intervention strategies by
empowering counties to combine family services with court monitoring to make sure
students get back into school before it's too late.
SB 1329 — Foreclosure Protection for the Elderly
Under current law, residents living in Residential Care Facilities for the Elderly (RCFEs)
may not receive any notice that they are losing their home to foreclosure until sheriffs
arrive and have them forcibly removed, causing great trauma and stress. This bill
requires RCFE operators to notify residents, their legal representatives, and Community
Care Licensing whenever a facility falls into foreclosure or severe financial distress.
SB 1347 - Taser Safety Standards
In response to inconsistent use -of -force policies statewide, a growing number of
excessive force allegations and mounting public concern, this bill aims to establish
appropriate uniform standards governing peace officers' use of tasers and stun guns
which balance the value of these weapons in saving lives and preventing officer injury
with the risks the devices pose to the public and the pain they cause.
SB 1360 - Misclassified Employees
This bill would help small businesses and the workers they hire avoid costly disputes
regarding the workers independent contractor status. The measure makes the
definition of an independent contractor in current law more specific to prevent hardships
for employers and employees alike.
SB 1373 - Asphalt Contractor Tax Equity
This bill would correct an inequity that gives large contractors a competitive advantage
over small contractors by requiring vertically integrated asphalt/paving contractors who
fabricate their own materials to pay sales tax on those raw materials.
SB 1399 — Medically Incapacitated Inmates
This bill will help the state capture federal dollars while providing taxpayers some relief
from the high costs of prison health care by authorizing a program which will allow some
of the state's sickest and most incapacitated inmates who no longer pose a threat to
public safety to be paroled to less costly medical facilities which are better suited to
provide their care.
SB 1413 - School Drinking Water Access
In order to improve the number of healthy beverage options available to school children,
this bill would require a school district to provide access to free, fresh drinking water in
school food service areas by January 1, 2012.
SB 1433 - Air Quality Management District Fines
This bill would help improve local air quality by updating the penalty schedule that Air
Quality Management District's use to control pollution and curb violations in the state.
The bill would tie the current penalty ceiling amounts in statute to inflation, to prevent
further erosion of their deterrent effect over time.
SB 1441 - Utility Rate Reform
This bill authorizes the California Public Utilities Commission to take into consideration
certain activities of a utility and evaluate their impact on rates when considering the
utility's rate adjustment application.
SB 1449 — Marijuana Infractions
This bill reclassifies the possession of small amounts of marijuana as an infraction,
rather than a misdemeanor, thereby bringing the offense into alignment with the
penalties provided under current law. This reclassification will allow prosecutors to
expedite hearings and free up much-needed court resources for more serious offenses.
SB 1472 — Work Sharing Program Expansion
Work Sharing is an Employment Development Department (EDD) program allowing
employers to reduce employee wages and hours as an alternative to layoffs.
Employees who would otherwise be laid off and receive full unemployment benefits
instead stay employed and receive partial benefits. This bill would increase awareness
of and participation in the program by requiring the EDD to develop and implement an
aggressive outreach plan and to collect data on the effectiveness of Work Sharing in
reducing the State's unemployment insurance expenditure and unemployment rate.
ASSEMBLY MEMBER HUFFMAN'S 2010 LEGISLATIVE PROPOSALS
Protecting Water Resources:
AB 2092 (Huffman): Delta Stewardship Council Financing
Directs the new Delta Stewardship Council to develop and adopt a near-term and long-term
financing strategies in order to support the development and implementation of a comprehensive
Delta Plan. The bill would authorize the council to adopt a fee to be paid by state and federal water
contractors to support part of the administration costs associated with developing the Delta Plan.
The bill also directs the Council to develop a long term finance plan to support implementation of
the Delta Plan
AB 2182 (Huffman): Contractual Assessments: Sewer Lateral Lines
To expand an existing innovative financing program for renewable energy and water use efficiency
improvements, this bill authorizes public agencies and special districts to offer loans for
sewer lateral improvements on private property when those improvements will result in public
benefits due to water quality improvements to surface and ground water.
AB 2256 (Huffman): Sewage Spill Prevention
To prevent sewage blockages, overflows and spills, and save local sanitation agencies public
funding, this bill prohibits a consumer product from being labeled flushable unless it is
biodegradable and has the same properties as toilet paper.
AB 2304 (Huffman): Groundwater Recharge
Promotes the protection of prime groundwater recharge areas. Urban development or other land
uses can reduce the natural recharge of groundwater supplies. Identification of the prime recharge
areas is intended to inform wise land use decisions. Specifically, the bill adds coordination with
land use agencies to the list of authorized components of a groundwater management plan.
AB 2595 (Huffman): Ag Waiver Program
This bill will soon be amended to provide incentives for growers, subject to the irrigated agriculture
conditional waiver program, to enroll in the program. Increased enrollment will provide more
opportunities for water quality improvements.
Improving Public Safety:
AB 1443 (Huffman): Repeat DUI Offenders
Toughens penalties for drivers who repeatedly drink and drive, putting their own lives and the lives
of other road users at risk. AB 1443 provides judges discretion to permanently revoke the license of
a person with three or more DUI convictions. Requires a judge to permanently revoke a persons
license after five or more DUI convictions. Prohibits that person from owning or registering a
vehicle.
AB 2464 (Huffman): Young Driver Education and Safety
Would require an individual under the age of 18 that has been issued a driving permit to complete
their first behind -the -wheel instruction before operating a motor vehicle. The bill would require
these individuals to record and maintain a driving log and submit to a driving school certifying that
he or she has completed the required 50 hours of supervised driving practice before being issued a
Behind -the -Wheel Completion Certificate.
Page 1 of ATTACHMENT C
Jobs and Economic Development
AB 489 (Huffman): Fisheries — Landing Fees
Revises one of the commercial fishing fees — the landing tax — to more equitably distribute the
financial burden on the commercial fishing industry and generate additional revenue to fund the
commercial fishing program.
AB 1873 (Huffman): Contractual Assessments
Contractual assessments allow local governments to make loans to homeowners to make energy and
water efficiency improvements to their homes. This bill will make contractual assessments more
attractive to local governments and homeowners by reducing the cost of the loans made to
homeowners. This bill will expand a program that has created hundreds of new jobs in Sonoma
County, stimulating economic growth at the local level.
AB 2002 (Huffman): Insurance: Reserve Requirements Repeals California Insurance Code
section 11558 allowing the California Department of Insurance and insurers to apply the NAIC
Accounting Practices and Procedure Manual reserving standards to all lines of business when
preparing annual statements.
Environmental Protection
AB 231 (Huffman): Climate Protection Trust (PB)
To help the state combat climate change to the fullest extent possible, this bill collects fees imposed
by the state Air Resources Board on greenhouse gas emission polluters and establishes guidelines
for how those funds can be spent on pollution reduction programs.
AB 234 (Huffman): Precautionary Booming: Oil Spills
To ensure maximum containment of oil spill pollution and prevent ecological and economic damage
from an oil spill, this bill requires marine transfer units to pre -boom prior to and during all marine
oil transfer operations.
AB 1343 (Huffman): Paint Take Back
Leftover paint poses a significant environmental and cost burden to local governments and the
state. Post -consumer paint is the single largest source of Household Hazardous Waste (HHW)
generated in California, representing 35% of the HHW collected by local government HHW
programs. This measure will require paint manufacturers to develop and implement a program to
collect, transport, and process paint to reduce the costs and environmental impacts of the disposal of
paint in this state.
AB 2472 (Huffman): Green building Research
Establishes a new building permit program for cities and counties which allows for increased
innovation and field testing of new green building techniques in order to inform fixture updates of
the green building codes.
Page 2 of 4
Healthcare and Human Services
AB 1260 (Huffman): Developmental Services
Recent Budget Trailer Bills implemented $334 million in cuts to California's developmental
services system, which provides critical support and services to over 244,000 Californians with
intellectual and developmental disabilities. Some of these cost-saving proposals have been
determined as unnecessarily detrimental to people with developmental disabilities. AB 1260 aims
to mitigate the harm of a few of these proposals while still achieving the desired savings.
AB 1826 (Huffman): Health Coverage: Prescriptions
Prohibits a health plan from requiring a patient who has been prescribed a prescription for the
treatment of pain by his or her doctor to use a different prescription or over-the-counter drug before
authorizing coverage of the originally prescribed medication. Many health plans practice "step
therapy" or "fail first therapy" which requires pain patients to experiment with different medications
before receiving the one deemed best by their doctor.
AB 1853 (Huffman): Public Contracts: Employees Health Benefits
An estimated 20% of Californians (over six million people) do not have health insurance. Many of
those individuals are self-employed or work for an employer who does not provide health benefits.
This bill will require a state agency awarding a public works contract to provide a 2% bid
preference to a bidder whose provides health care benefits to its employees. This bill would require
a bidder and its subcontractors to submit statements certifying that they qualify for the bid
preference and would require the bidder and contractors to continue to make employee health care
expenditures.
Wildlife and Animal Protection
AB 1437 (Huffman): California Egg Safety
Proposition 2, which was overwhelmingly passed by California voters in November 2008,
established animal welfare standards for eggs processed in California. This bill will require all eggs
sold in California to meet those standards, which ensure egg -laying hens are able to stand up, turn
around, and spread their wings.
AB 2063 (Huffman): Salmon
Names the Chinook salmon as the official state anadromous fish. Establishes a state goal to restore
Chinook salmon to thriving and sustainable levels, sufficient to support tribal, recreational and
commercial fisheries, within a decade. Calls upon the state Department of Fish and Game to work
collaboratively with other public and private partners to implement the goal of restoring Chinook
salmon, and to prioritize conservation planning efforts for recovery of Chinook and other salmonid
species.
AB 2376 (Huffman): DFG Reform
Seeks to strengthen the capacity and effectiveness of the Department of Fish and Game in fulfilling
its public trust mission and protecting California's wildlife resources for all the people of the state.
Calls on the State Natural Resources Agency to convene a committee to develop and submit to the
Governor and the Legislature by January 1, 2012, a strategic vision for the Department of Fish and
Game and the Fish and Game Commission. Authorizes the Governor to appoint a "blue ribbon" or
citizen commission to assist in carrying out this task. Requires the strategic vision to address
specific matters, including reforms necessary to meet the challenges of the 21st century for
ecosystem biodiversity management.
Page 3 of 4
AB 2420 (Huffman): CESA
Clarifies that the Department of Fish and Game can rely upon an applicant's biological opinion and
incidental take statement or conservation plan and incidental take permit when making a
"consistency determination," which is an evaluation as to whether an existing federal endangered
species act authorization also meets the California Endangered Species Act. Requires applicants to
state in their notice to the Department of Fish and Game which measures in their federal
authorization could justify a finding of consistency. Provides the Department of Fish and Game one
week to determine if the notice is complete.
Election Reform:
AB 7 (Huffman): Independent Expenditure Reform
Resolves the disparity of disclosure requirements for independent expenditure committees that
support or oppose a candidate or ballot measure and provides for better disclosure of the major
economic interests to these committees.
AB 1322 (Huffman): Independent Expenditure Reform
Requires disclosure statements on independent expenditure -funded campaign advertisements to
specify the name of the independent expenditure committee and provide a website with donor
information so voters can be better informed about the special interests behind campaign messages.
District Related Issues
AB 228 (Huffman): Wine Labeling
This bill makes technical, nonsubstantive changes to existing law as it relates to wine
representations on wine labels, advertising matter, letterheads, invoices, tags, signs, business cards,
and all other representations of any kind whether oral, written, or printed.
Page 4 of 4