LACDP Priority Legislation 2019
as of August 2019
AB 16 (Asm. Luz Rivas (D)): Homeless Children And Youths: Reporting – SUPPORT
This bill would require a local educational agency to ensure that each school within the local educational agency identifies all homeless children and youths enrolled at the school, and would also require the local educational agency to annually report to the department the number of homeless children and youths enrolled. The bill would require that an intake form used to identify a child as homeless include a statement that a child will not be removed from the child’s family solely because the child’s family is experiencing homelessness. Additionally, the bill, upon appropriation by the Legislature for this purpose, would establish in the department three state coordinator positions, in addition to the state coordinator positions maintained in the department as of Jan 1, 2019, with duties including, at a minimum, those listed for the Coordinator for Education of Homeless Children and Youths pursuant to the federal act known as the McKinney-Vento Homeless Assistance Act. The bill would require the department, upon appropriation by the Legislature, to allocate $500,000 each to three county offices of education in different regions throughout the state for the purpose of establishing technical assistance centers to foster relationships with community partners and other local educational agencies in each region. The bill would require the department to determine which county offices of education to allocate those funds to through a competitive process, as provided, and to take into account geographic diversity and concentrations of homeless children and youths.
AB 164 (Asm. Sabrina Cervantes (D)): Firearms: Prohibited Persons – SUPPORT
Under existing law, a person who purchases or receives a firearm, attempts to purchase or receive a firearm, or owns or possesses a firearm knowing that the person is prohibited from doing so by a temporary restraining order, an injunction, or a protective order, as specified, is guilty of a crime.
This bill would expand the scope of this crime to a person who is prohibited from purchasing or possessing a firearm in any jurisdiction by a valid temporary restraining order, injunction, or protective order issued in another jurisdiction.
In short, it adds the words “from doing so in any other jurisdiction” to existing law; meaning orders or injunctions from jurisdictions outside the area would also make these actions a crime.
AB 392 (Asm. Shirley Weber (D) & Asm. Kevin McCarty (D)): Peace Officers: Deadly Force – SUPPORT
This bill would redefine the circumstances under which a homicide by a peace officer is deemed justifiable to include when the killing is in self-defense or the defense of another, consistent with the existing legal standard for self-defense, or when the killing is necessary to prevent the escape of a fleeing felon whose immediate apprehension is necessary to prevent death or serious injury. The bill would additionally bar the use of this defense if the peace officer acted in a criminally negligent manner that caused the death, including if the officer’s criminally negligent actions created the necessity for the use of deadly force. Lastly, the bill would also affirmatively prescribe the circumstances under which a peace officer is authorized to use deadly force to effect an arrest, to prevent escape or to overcome resistance.
AB 492 (Asm. Adrin Nazarian (D)): Property Tax Assistance: Eligibility – SUPPORT
This bill would recast the provisions of the Gonsalves-Deukmejian-Petris Senior Citizens Property Tax Assistance Law (which authorizes individuals who are either 62 years of age or older or blind or disabled) as the Gonsalves-Deukmejian-Petris Property Tax Assistance Law that would authorize any individual, without regard to age, blindness, or disability, who otherwise meets the described criteria to file a claim for assistance. The bill would decrease the maximum gross household income for a claimant to qualify for assistance from $35,251 to $30,000, as provided. The bill would also make various conforming changes.
AB 656 (Asm. Eduardo Garcia (D)): Office Of Healthy And Safe Communities – SUPPORT
This bill would create the Office of Healthy and Safe Communities (OHSC) under the direction of the California Surgeon General and the Governor, to provide a comprehensive violence prevention strategy. The bill would require the California Surgeon General to oversee the OHSC and would require the Governor and the California Surgeon General to appoint the Director of the OHSC. The bill would set forth the duties of the OHSC, including the duty to develop, implement, and monitor a California vision and plan for violence prevention, safety, and healing. The bill would require the director to strengthen the professionalization of community violence intervention and prevention as a licensed occupation and facilitate the coordination and alignment of programming across statewide departments and agencies, among other duties. The bill would also require the director to assemble an advisory committee to inform and guide the execution of the duties of the OHSC. The bill would require the advisory committee to be selected by the President pro Tempore of the Senate and the Speaker of the Assembly and would specify the composition of the advisory committee. The bill would appropriate the sum of $6,000,000 from the General Fund for the 2019–20 fiscal year for the purposes of these provisions.
AB 857 (Asm. Miguel Santiago (D) & David Chiu (D)): Public Banks – SUPPORT
This bill would define the term “bank” for purposes of the Financial Institutions Law and the Banking Law to include a public bank. The bill would define the term “public bank” to mean a corporation, organized for the purpose of engaging in the commercial banking business or industrial banking business, that is wholly owned by a local agency, local agencies, a joint powers authority, or a special district. The bill would also require a public bank to comply with all requirements of the Financial Institutions Law and the Banking Law and to obtain and maintain insurance, subject to specified requirements. The bill would authorize a county to lend its credit to a public bank as well. Additionally, the bill would authorize a local agency to deposit funds in a public bank, and to invest in a public bank, subject to certain requirements. The bill would further require a public bank to identify in its articles of incorporation either a special purpose or a special public benefit. Furthermore, the bill would authorize, but not require, a public bank to incorporate as a benefit corporation or a social purpose corporation but would require a public bank to comply with the reporting requirements to which a social benefit or social purpose corporation are held, as specified. The Corporation Tax Law imposes a franchise tax on financial corporations, but provides that the tax is in lieu of all other state and local taxes and licenses, with certain exceptions. That law also exempts specified classes of entities from the franchise and income taxes imposed by that law, including state-chartered credit unions. This bill would additionally exempt from those franchise and income taxes any public bank. Lastly, the bill would also exempt a public bank from all other state and local taxes and licenses, with certain exceptions.
AB 1460 (Asm. Shirley Weber (D)): California State University: Graduation Requirement: Ethnic Studies – SUPPORT
This bill, commencing with the 2020–21 academic year, would require the California State University (CSU) to provide for courses in ethnic studies at each of its campuses. The bill, commencing with the 2020–21 academic year, would require the CSU to require, as an undergraduate graduation requirement, the completion of one 3-unit course in ethnic studies, as specified.
AB 1507 (Asms. Christy Smith (D), Kevin McCarty (D) & Patrick O’Donnell (D)): Charter Schools: Location – SUPPORT
This bill would delete the authority of a charter school to locate outside the jurisdiction or geographic boundaries of the chartering school district because the charter school has attempted to locate a single site or facility to house the entire program, but a site or facility is unavailable in the area in which the charter school chooses to locate, or the site is needed for temporary use during a construction or expansion project.
AB 1784 (Asm. Miguel Santiago (D), David Chiu (D), & Lorena Gonzalez (D)): Elections: Open-Source Paper Ballot Voting Systems- SUPPORT
This bill, the Secure the VOTE Act, would authorize the Secretary of State to award up to $16,000,000 in matching funds, upon appropriation by the Legislature, to counties for the development of open-source paper ballot voting systems.
SB 5 (Sen. Jim Beall (D) & Mike McGuire (D)): Affordable Housing and Community Development Investment Program – No Position
This bill would establish in state government the Affordable Housing and Community Development Investment Program (AHCDIP), which would be administered by the Affordable Housing and Community Development Investment Committee (AHCDIC). The bill would authorize a city, county, city and county, joint powers agency, enhanced infrastructure financing district, affordable housing authority, community revitalization and investment authority, transit village development district, or a combination of those entities, to apply to the AHCDIC to participate in the program and would authorize the committee to approve or deny plans for projects meeting specific criteria. Additionally, the bill would require the AHCDIC to adopt guidelines for plans and approve no more than $200,000,000 per year from Jul 1, 2020, to Jun 30, 2025, and $250,000,000 per year from Jul 1, 2025, to Jun 30, 2029, in reductions in annual Educational Revenue Augmentation Fund (ERAF) contributions for applicants for plans approved pursuant to this program. This bill would provide that eligible projects include, among other things, construction of workforce and affordable housing, certain transit oriented development, and projects promoting strong neighborhoods. Lastly, the bill would require the AHCDIC, upon approval of a plan, to issue an order directing the county auditor to reduce the total amount of ad valorem property tax revenue otherwise required to be contributed to the county’s ERAF from the applicant by the annual reduction amount approved. The bill would require a county auditor to deposit the total annual reduction amount approved within a county into the Affordable Housing and Community Development Investment Fund (AHCDIF), which is created by this bill in the treasury of each county, and allocate moneys in that fund as directed by the committee, as specified. The bill would require the auditor, if the applicant is an enhanced infrastructure financing district, affordable housing authority, transit village development district, or community revitalization investment authority, to transfer to the city or county that created the authority or district an amount of property tax revenue equal to the reduction amount approved by the AHCDIC for that authority or district. The bill would require the city or county that created the district to, upon receipt, transfer those funds to the authority or district in an amount equal to the affordable housing and community development investment amount for that authority or district. By imposing additional duties on local officials, the bill would impose a state-mandated local program. The bill would authorize applicants to use approved amounts to incur debt or issue bonds or other financing to support an approved project.
SB 24 (Sen. Connie Leyva (D)): Public Health: Public University Student Health Centers: Abortion By Medication Techniques – SUPPORT
This bill would express findings and declarations of the Legislature relating to the availability of abortion by medication techniques at on-campus student health centers at public postsecondary educational institutions in the state. Additionally, the bill would require, on and after Jan. 1, 2023, each student health care services clinic on a California State University (CSU) or University of California (UC) campus to offer abortion by medication techniques, as specified. The bill would require the Commission on the Status of Women and Girls to administer the College Student Health Center Sexual and Reproductive Health Preparation Fund, which the bill would establish. The bill would continuously appropriate the moneys in that fund to the commission for grants to these student health care clinics for specified activities in preparation for providing abortion by medication techniques, thereby making an appropriation. The bill would provide that its requirements would be implemented only if, and to the extent that, a total of at least $10,290,000 in private moneys is made available to the fund in a timely manner on or after Jan. 1, 2020. Lastly, the bill would require the commission to submit a report to the Legislature, on or before Dec. 31, 2021, and on or before Dec. 31 of every year thereafter, until Dec. 31, 2026, that includes, but is not necessarily limited to, specified information relating to abortion by medication techniques at these student health clinics.
SB 27 (Sen. Mike McGuire (D) & Scott Wiener (D)): Presidential Primary Elections: Ballot Access: Tax Returns – REAFFIRM SUPPORT
This bill would enact the Presidential Tax Transparency and Accountability Act, which would require a candidate for President, in order to have the candidate’s name placed upon a primary election ballot, to file the candidate’s income tax returns for the 5 most recent taxable years with the Secretary of State, as specified. The act would require the Secretary of State to redact the income tax returns of Presidential candidates as necessary to protect individual privacy, as specified, and subsequently to make the returns available to the public on the Secretary of State’s internet website.
SB 36 (Sens. Robert Hertzberg (D) & Holly Mitchell (D)): Pretrial Release: Risk Assessment Tools – SUPPORT
Existing law, beginning Oct. 1, 2019, requires Pretrial Assessment Services, as defined, to assess a person arrested or detained, as specified, according to a risk assessment instrument, as defined. Existing law requires Pretrial Assessment Services to release from confinement specified individuals based on that risk assessment, and, if the person is not released, to submit that assessment to the court for use in its pretrial release or detention decision.
This bill would require each county to maintain specified data for each individual that undergoes an assessment using the risk assessment tool.
In short, this bill provides standards to minimize bias where risk assessment tools are being used.
SB 41 (Sen. Robert Hertzberg (D)): Civil Actions: Damages: SUPPORT
Existing law authorizes a person who suffers a loss or harm to himself or herself, or his or her property, from an unlawful act or omission of another to recover monetary compensation, known as damages, from the person in fault. Existing law specifies the measure of damages as the amount which will compensate for the loss or harm, whether anticipated or not, and requires the damages awarded be reasonable.
This bill would prohibit the estimation, measure, or calculation of civil damages from being based on, or considering, race, ethnicity, gender, religion, or sexual orientation.
SB 47 (Sen. Ben Allen (D)): Initiative, Referendum, And Recall Petitions: Disclosures – SUPPORT
This bill would require, for a state or local initiative, referendum, or recall petition that requires voter signatures and for which the circulation is paid for by a committee, that an Official Top Funders disclosure be made, either on the petition or on a separate sheet, that identifies the name of the committee, any top contributors, and the month and year during which the Official Top Funders disclosure is valid. The bill would require the committee to create an Official Top Funders sheet meeting certain requirements and would authorize the committee to create a page on an Internet Web site that includes a link to the most recent Official Top Funders sheet and a link to the full text of the measure. The bill would require the committee to submit the Official Top Funders sheet and any updates to the Secretary of State, who would be required to post that statement on the Secretary of State’s Internet Web site along with the previous versions the committee submitted.
The bill would amend existing provisions to make certain misrepresentations with regard to the Official Top Funders disclosures a crime. By expanding the scope of an existing crime, the bill would impose a state-mandated local program. The bill would require the circulator to certify under the penalty of perjury that the circulator showed each signer a valid and unfalsified “Official Top Funders” sheet if the petition does not include a specified disclosure statement. The bill would authorize the pages of a petition to be bound together by any reasonable method, including the use of staples.
SB 50 (Sen. Scott Wiener (D)):
Planning And Zoning: Housing Development: Equitable Communities Incentive – OPPOSE
This bill would require a city, county, or city and county to grant upon request an equitable communities incentive when a development proponent seeks and agrees to construct a residential development, as defined, that satisfies specified criteria, including, among other things, that the residential development is either a job-rich housing project or a transit-rich housing project, as those terms are defined; the site does not contain, or has not contained, housing occupied by tenants or accommodations withdrawn from rent or lease in accordance with specified law within specified time periods; and the residential development complies with specified additional requirements under existing law. The bill would require that a residential development eligible for an equitable communities incentive receive waivers from maximum controls on density and automobile parking requirements greater than 0.5 parking spots per unit, up to 3 additional incentives or concessions under the Density Bonus Law, and specified additional waivers if the residential development is located within a 1/2-mile or 1/4-mile radius of a major transit stop, as defined. The bill would authorize a local government to modify or expand the terms of an equitable communities incentive, provided that the equitable communities incentive is consistent with these provisions. Additionally, the bill would include findings that the changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities. The bill would also declare the intent of the Legislature to delay implementation of this bill in sensitive communities, as defined, until Jul. 1, 2020, as provided.
SB 288 (Sens. Scott Wiener (D) & Jim Nielsen (R)):
Electricity: Renewable Resource Self-Generation And Storage- SUPPORT
This bill would, by Jan 1, 2021, require the Public Utilities Commission (PUC) and the governing board of each local publicly owned electric utility with an annual electrical demand exceeding 700 gigawatthours to, among other things, create one or more tariffs for customer-sited energy storage systems that export electricity to the electrical grid and to consider one or more tariffs for customer-sited renewable energy and energy storage systems to support grid reliability and community resiliency in the event of emergencies or grid outages. The bill would require the PUC and the governing board of each local publicly owned electric utility to ensure that customers with customer-sited renewable energy or energy storage systems can take certain related actions and are not subject to discriminatory fees or charges. The bill would require the PUC and the governing board of each local publicly owned electric utility to establish a streamlined and standardized process for the review of interconnection requests for customers seeking to install renewable energy and energy storage systems on the customer side of the point of interconnection to minimize uncertainty and the amount of time and cost of the review while maintaining electric system safety and reliability. By imposing additional duties on local publicly owned electric utilities, this bill would impose a state-mandated local program. Additionally, this bill would require the PUC and State Energy Resources Conservation and Development Commission (Energy Commission) to establish for the electrical corporations and local publicly owned electric utilities, respectively, a streamlined and standardized process for review by those utilities of interconnection requests for customers seeking to install renewable energy and energy storage systems on the customer side of the meter to minimize uncertainty and the time and cost of the review, as specified. Finally, this bill would require the PUC and the Energy Commission, by Jun 1, 2020, and Jun 1 of each year thereafter, to submit a report to the Legislature on information regarding the interconnection of renewable energy and energy storage systems by the electrical corporations and the local publicly owned electric utilities, respectively, for purposes of evaluating the performance of those utilities in reviewing interconnection requests.
SB 386 (Sen. Anna Caballero (D)): California Renewables Portfolio Standard Program: Irrigation Districts – OPPOSE
This bill would authorize a local publicly owned electric utility that is an irrigation district to elect to credit its share of the total electricity generated by the Don Pedro Hydroelectric Project, commensurate with its ownership share of that project, as meeting its renewables portfolio standard procurement requirements. The bill would require that an election by an irrigation district to apply its proportionate share of the electricity generated by the Don Pedro Hydroelectric Project to meet its renewables portfolio standard procurement requirements would be for all of its proportionate share of the generation, including any portion of the electricity that is an eligible renewable energy resource because it results from efficiency improvements at the project. The bill would prohibit any portion of that electricity to be unbundled from any renewable energy credit associated with the electricity, would prohibit any quantity of the electricity to be resold, and would require that all associated renewable energy credits be retired solely on behalf of customers of the irrigation district. The bill would require an irrigation district making the election to ensure that there is no double counting for electricity that is an eligible renewable energy resource resulting from efficiency improvements at the project. The bill would require the State Energy Resources Conservation and Development Commission to report to the Legislature by Feb 1, 2020, and by Feb 1 of every year thereafter, on the progress of an irrigation district subject to these provisions towards satisfying its renewable portfolio standard obligations. Further, this bill would make legislative findings and declarations as to the necessity for special legislation.
SB 528 (Sen. Ben Hueso (D)): CA Infrastructure and Economic Development Bank – SUPPORT
This bill would establish a task force, composed of specified members, including the Director of the Governor’s Office of Business and Economic Development, to study the workability, potential costs, and estimated timeframe to transition the California Infrastructure and Economic Development Bank (I-Bank) into a depository institution to accept deposits from state and local governments and to lend money to local governments for their infrastructure needs. The bill would require the task force to submit a report to the Legislature no later than Jan 1, 2021, composed of specified elements, including a list and description of each task that must be performed to transition the I-Bank into a state-chartered depository institution, the identities of which entity or entities will be responsible for performing each task, an estimated timeline to complete each task, and an indication of which tasks, if any, are predicated on the completion of other tasks.
SB 660 (Sen. Richard Pan (D)): Postsecondary Education: Mental Health Counselors – REAFFIRM SUPPORT
This bill would require the Trustees of the California State University (CSU) and the governing board of each community college district to have one full-time equivalent mental health counselor with an applicable California license per 1,500 students enrolled at each of their respective campuses to the extent consistent with state and federal law. The bill would define mental health counselor for purposes of this provision. The bill would require those institutions, on or before Jan 1, 2021, and every 3 years thereafter, to report to the Legislature how funding was spent and the number of mental health counselors employed on each of its campuses, as specified. The bill would require each campus of those institutions to, at least every 3 years, conduct a campus survey and focus groups to understand students’ needs and challenges regarding, among other things, their mental health, would require each campus of those institutions to collect data on attempted suicides, as specified, and would require that data, without any personally identifiable information and collected in accordance with state and federal privacy law, to be included in the report to the Legislature.
HR 1 (Rep. John Sarbanes (D) [MD-03]): For The People Act of 2019 – SUPPORT
This bill addresses voter access, election integrity, election security, political spending, and ethics for the three branches of government. Specifically, the bill expands voter registration & voting access, makes Election Day a federal holiday, and limits removing voters from voter rolls. The bill provides for states to establish independent, nonpartisan redistricting commissions. It also sets forth provisions related to election security, including sharing intelligence information with state election officials, protecting the security of voter rolls, supporting states in securing their election systems, developing a national strategy to protect the security & integrity of U.S. democratic institutions, establishing in the legislative branch the National Commission to Protect United States Democratic Institutions, and other provisions to improve cybersecurity of election systems. This bill addresses campaign spending, including by expanding the ban on foreign nationals contributing to or spending on elections; expanding disclosure rules pertaining to organizations spending money during elections, campaign advertisements, and online platforms; and revising disclaimer requirements for political advertising. This bill establishes an alternative campaign funding system for certain federal offices. The system involves federal matching of small contributions for qualified candidates. This bill sets forth provisions related to ethics in all three branches of government. Specifically, the bill requires a code of ethics for federal judges and justices, prohibits Members of the House from serving on the board of a for-profit entity, expands enforcement of regulations governing foreign agents, and establishes additional conflict-of-interest and ethics provisions for federal employees and the White House. The bill also requires candidates for President & Vice President to submit 10 years of tax returns.
HR 7 / S 270 (Rep. Rosa DeLauro (D) [CT-03] / Sen. Patty Murray (D) [WA]):Paycheck Fairness Act – SUPPORT
This bill would strengthen and close loopholes in the Equal Pay Act of 1963 by holding employers accountable for discriminatory practices, ending the practice of pay secrecy, easing workers’ ability to individually or jointly challenge pay discrimination, and strengthening the available remedies for wronged employees.
HR 1111 (Rep. Barbara Lee (D) [CA-13]): Department Of Peacebuilding Act Of 2019 – REAFFIRM SUPPORT
This bill establishes a Department of Peacebuilding in the executive branch, dedicated to peacebuilding, peacemaking, and the study and promotion of conditions conducive to both domestic and international peace and a culture of peace.
HR 1585 (Rep. Karen Bass (D) [CA-37]): Violence Against Women Reauthorization Act Of 2019 – REAFFIRM SUPPORT
This is a bill to reauthorize the Violence Against Women Act of 1994.
HJ RES 46 (Rep. Joaquin Castro (D) [TX-20]): Relating To A National Emergency Declared By The President on Feb. 15, 2019 – SUPPORT
This joint resolution terminates the national emergency related to the U.S.-Mexico border, declared by the President on February 15, 2019.
HR 763 (Rep. T. Deutch (D) [FL-22]): Energy Innovation & Carbon Dividend Act of 2019 – SUPPORT
This bill imposes a fee on the carbon content of fuels, including crude oil, natural gas, coal, or any other product derived from those fuels that will be used so as to emit greenhouse gases into the atmosphere. The fee is imposed on the producers or importers of the fuels and is equal to the greenhouse gas content of the fuel multiplied by the carbon fee rate. The rate begins at $15 in 2019, increases by $10 each year, and is subject to further adjustments based on the progress in meeting specified emissions reduction targets. The bill also imposes a specified fee on fluorinated greenhouse gases. The bill includes: a) exemptions for fuels used for agricultural or nonemitting purposes, b) exemptions for fuels used by the Armed Forces, c) rebates for facilities that capture and sequester carbon dioxide, and d) border adjustment provisions that require certain fees or refunds for carbon-intensive products that are exported or imported. The fees must be deposited into a Carbon Dividend Trust Fund and used for administrative expenses and dividend payments to U.S. citizens or lawful residents. The fees must be decommissioned when emissions levels and monthly dividend payments fall below specified levels. The bill also suspends certain regulations that limit greenhouse gas emissions. The suspensions expire if the emissions targets established by this bill are not reached after a specified time period.
AB 602 (Asm. Marc Berman (D)): Depiction Of Individual Using Digital Or Electronic Technology: Sexually Explicit Material: Cause Of Action – SUPPORT
This bill would provide that a depicted individual, as defined, who suffers harm resulting from the intentional disclosure of sexually explicit material without their consent has a cause of action against a person who creates and discloses the sexually explicit material if the person knew or reasonably should have known the depicted individual did not consent, and against a person who discloses, but does not create, the sexually explicit material if the person knew the depicted individual did not consent. The bill would exclude from liability the disclosure of sexually explicit material under specified circumstances, and would establish procedures and requirements for bringing a cause of action under these provisions, including provisions on damages, the use of a pseudonym in pleadings, and requiring an action to be brought within a specified time.
AB 1788 (Asm. Richard Bloom (D)): Pesticides: Use Of Anticoagulants – SUPPORT
This bill would create the CA Ecosystems Protection Act of 2019 and expand this prohibition against the use of a pesticide containing specified anticoagulants in wildlife habitat areas to the entire state. The bill would expand the exemption for agricultural activities to include activities conducted in certain locations and would also exempt from its provisions the use of pesticides by any governmental agency employee who uses pesticides for public health activities, a mosquito or vector control district that uses pesticides to protect the public health, and the use of any pesticide or rodenticide used for the eradication of nonnative invasive species inhabiting or found to be present on offshore islands in a manner that is consistent with all otherwise applicable federal and state laws and regulations. This bill would additionally provide that these provisions do not preempt or supersede special local need or emergency exemptions for the use of pesticides under the Federal Insecticide, Fungicide, and Rodenticide Act. The bill would also prohibit the use of any pesticide that contains one or more specifically identified anticoagulants on state-owned property.
SB 330 (Sen. Nancy Skinner (D)): Housing Crisis Act Of 2019 – SUPPORT
This bill makes a number of changes to local planning processes to restrict, for the next five years, actions by cities and counties related to housing development. The major changes fall into three categories: creation of a new preliminary application for a development, limits on local agencies planning powers related to housing developments, and enforcement provisions.
1) PRELIMINARY APPLICATION: The bill changes the permitting process for housing projects in “affected” cities and counties (as the bill defines) over the next five years. This change is implemented through the bill’s creation of a “preliminary application,” a new first step in the Permit Streamlining Act (PSA) process. After submittal of this application, the bill prohibits a local agency from applying ordinances, policies, and standards to a development, except in narrowly defined circumstances. The information required in the preliminary application is specified in the bill, and includes only objective information, such as site location, existing uses, proposed uses, specified environmental and cultural sensitivities and hazards, and proposed approvals process. Local jurisdictions are precluded from requiring additional information and must deem the application to be complete if all of the required information is provided. If the required information is not provided, then the bill specifies a process for both the applicant and the jurisdiction to follow. Failure to comply by the applicant results is the voiding of their application. Failure to comply by the jurisdiction results in the application being deemed “complete.”
2) LIMITS ON LOCAL PLANNING POWERS: The Bill makes a number of changes to how affected cities and counties plan for housing by prohibiting cities and counties, through January 1, 2025, from enacting a development policy, standard, or condition that would: a) Reduce the housing development capacity of a parcel to less than what was allowed under the land use designation and zoning ordinances of the city or county, as in effect January 1, 2018; b) Impose or enforce any non-objective design review standards on housing that were established after January 1, 2020; or,; c) Limit the number of land use approvals or permits necessary for approval and construction of housing, act as a cap on the number of housing units, or limit the population, except for specified longstanding limits in predominantly agricultural counties. The bill prohibits a city or county from conducting more than five hearings in specified circumstances, if a proposed housing development project complies with the applicable, objective general plan and zoning standards in effect at the time an application is deemed complete. The bill also requires any determination that a housing project is on a historic site to occur at the time the housing application is deemed complete.
3) ENFORCEMENT: This bill amends the Housing Accountability Act (HAA) to: a) Prohibit a local agency from applying ordinances, policies, and standards to a development after a preliminary application is submitted, except in narrowly defined specified circumstances. The bill allows specified persons and entities to file a lawsuit to enforce this prohibition, including prospective residents of the development; and, b) Provide that a housing development project shall only be subject to the ordinances, policies and standards adopted and in effect when all the information required in a preliminary application was submitted, except in specified circumstances.
SB 751 (Sen. Susan Rubio (D)): Joint Powers Authorities: San Gabriel Valley Regional Housing Trust – SUPPORT
The Joint Exercise of Powers Act authorizes two or more public agencies, by agreement, to form a joint powers authority to exercise any power common to the contracting parties, as specified. Existing law authorizes the agreement to set forth the manner by which the joint powers authority will be governed. That act specifically authorizes the creation of the Orange County Housing Finance Trust, a joint powers authority, for the purposes of funding housing specifically assisting the homeless population and persons and families of extremely low, very low, and low income within the County of Orange, as specified. This bill would similarly authorize the creation of the San Gabriel Valley Regional Housing Trust, a joint powers authority, by any or all of the cities within the jurisdiction of the San Gabriel Valley Council of Governments, with the stated purpose of funding housing to assist the homeless population and persons and families of extremely low, very low, and low income within the San Gabriel Valley. The bill would authorize the San Gabriel Valley Regional Housing Trust to fund the planning and construction of housing, receive public and private financing and funds, and authorize and issue bonds. The bill would require that the joint powers agreement establishing the San Gabriel Valley Regional Housing Trust incorporate specified annual financial reporting and auditing requirements. This bill would make legislative findings and declarations as to the necessity of a special statute for the San Gabriel Valley region.
Los Angeles City Council:
CF 19-0046 (Council Members Bonin, Busciano, Koretz, Krekorian, Martinez & Ryu (D)): Developer Contribution Restrictions – SUPPORT
A motion for the City Attorney of the City of Los Angeles, in consultation with the Ethics Commission staff, be requested to prepare and present a draft Ordinance, similar to the 2011 Measure H restrictions approved by City of Los Angeles voters, to prohibit contributions to City elected officials and candidates for City Office from “Restricted Developers.”
Previously Endorsed Legislation