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Home My WebLink AboutCity Council position on Legislation pending before State Le APPRO V1 1' 5-0—d yTIN�T l 8R&M Vi DEWLEI ZG U 0 t8SGNT) City of Huntington Beach b p aai S C,OUNU File #: 19-354 MEETING DATE: 3/18/2019 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A. Wilson, City Manager PREPARED BY: Antonia Graham, Assistant to the City Manager Subject: Approve City Council position on Legislation pending before the State Legislature as recommended by the City Council Intergovernmental Relations Committee (IRC) Statement of Issue: On Thursday, March 7, 2019, the Intergovernmental Relations Committee met to discuss Federal and State legislation. At this meeting members recommended positions on State legislation, specifically a support position on Assembly Bill 136 (Quirk-Silva), Assembly Bill 510 (Cooley), Assembly Bill 1190 (Irwin), and an Oppose unless Amended position on Assembly Bill 377 (Garcia). This action requests the City Council authorization for the Mayor to sign City position letters on these bills. Financial Impact: There is no fiscal impact associated with these position letters. Recommended Action: A) Approve a City position of Support on Assembly Bill 136 (Quirk-Silva) -Alcohol and Drug Programs; and, B) Approve a City position of Support on Assembly Bill 510 (Cooley) - Local Government Records; and, C) Approve a City position of Support on Assembly Bill 1190 (Irwin) - Unmanned Aircraft: State and Local Regulations; and, D) Approve a City position of Oppose unless Amended on Assembly Bill 377 (Garcia) - Microenterprise Home Kitchen Operations; and, E) Authorize the Mayor to send a letter of support to the California Public Utilities Commission in support of Southern California Gas Company's request to allow customers to purchase renewable natural gas for their homes. Alternative Action(s): City of Huntington Beach Page 1 of 3 Printed on 3/13/2019 powere4t4 Legistar"' = O LO LO LO LO LO LO Ln Ln L) ° C.) coco CoCOCoCoaoC co a ✓ co co o 0 0 0 0 Co co '= Q Ls) Ln L ) LO LO L ) LO LU in U Printed on 3/13/2019 powered'LegistarTM cl. L-1 "..:1!. ._ -,,,- L... ,- •- L.. ,-.. -0 ' 2 - 0 0 0 0 0 1._ s.- s- s- s... 1... s.- s- s.... L. s.- 0 s- '6.- 8 5- 1.- 1.- 0000 © 0 Cli 4_, - 0000 0 0FilrE, 76 "iki 'r-s To 'r7; 'r-o- To- 'rTli 'c'ti ,2 -Fn. 75 0 '(7 ,,7 0 0 0 0 __, LL.1 U _ CL CL a.. „._ u._ u_ ._ u_ u_ ...,._ .._ u_ u.... LL ,,,, Li.. u_ 0_ u_ u_ u_ 0_ a_ a_ 0._ . 0 0 ° Z I- (4.) C ' LU ro CC * LA cC :E a) ,..4., I.— L-- 5 < L. * a.) Ill LI. 0) --• Cr s:( CLi ro _J U Cr, * _..Y •- -1:5 r‘, c..1 ,'l ,.._ -- 4-1 Cl) o.)._ 5 L,- ti; 0 i I.- > C •-• c _o C C ...I a) 0 •- 0_, 4-, (1.1 48-p '--r,2 a, r-> — c a., - n 2 c 0 C r o > 5 >„ li-, >. ..-, a. r.../1 C (../ a 0< _c (43 1.1 _NG (t/ (1.1 U -0 ro m '- .- — ro ro .1 cv 11) 0 u co = CI -r-o 0.3 (-) (-) ct. CD u-) I Lu LU cc 0 .0 (.9 I _I _u Z 0- C V) G < -.1 t.r) 4-n I- 0- 03 I = 0- * yj 1-1 rNi File #: 19-354 MEETING DATE: 3/18/2019 Do not approve the recommended positions and direct staff accordingly. Analysis: On Thursday, March 7, 2019, the Intergovernmental Relations Committee met to discuss pending Federal and State legislation. The Committee, comprised of Mayor Erik Peterson, Mayor Pro Tem Lyn Semeta, and Council Member Jill Hardy, reviewed the 2019 State Legislative Matrix provided by the City's State Advocate, Townsend Public Affairs (TPA). The Committee members chose to take the following positions on pending legislation. ➢ SUPPORT - Assembly Bill 136 (Quirk-Silva) - Alcohol and Drug Programs: Residential Recovery and Treatment Ombudsperson: Pilot Program This Bill would require the State Department of Health Care Services to establish the Office of the State Ombudsperson for Substance Abuse Residential Recovery and Treatment as a one- year pilot program. Existing law provides for the licensure and regulation of adult alcoholism or drug abuse recovery or treatment facilities by the State Department of Health Care Services. The Bill would require the office to work in concert with participating counties to collaborate in investigations of complaints received by the counties against alcoholism or drug abuse recovery or treatment facilities and recovery residences. Each participating county, by July 1, 2022, would need to report to the Legislature on the results of the collaboration with the pilot program. ➢ SUPPORT - Assembly Bill 510 (Cooley) - Local Government Records: Destruction of Records Existing law authorizes the head of a department of a county or city, or the head of a special district to destroy recordings of routine video monitoring maintained by that county, city or special district after one year if that person receives approval from the legislative body and the written consent of the agency attorney. This bill would exempt the head of a department of a county or city, or the head of a special district from these recording retention requirements if the county, city or special district adopts a records retention policy governing recordings of routine video monitoring and recordings of telephone and radio communications. ➢ SUPPORT - Assembly Bill 1190 (Irwin) - Unmanned Aircraft: State and Local Regulations: Limitations This Bill would prohibit a state or local agency from adopting any law or regulation that bans the operation of an unmanned aircraft system. As introduced, this Bill would authorize a state or local agency to adopt regulations to enforce a requirement that a small unmanned aircraft system be properly registered under existing federal regulations. Additionally, the Bill would authorize a state or local agency to require an unmanned aircraft operator to provide proof of federal, state or local registration to licensing or enforcement officials. ➢ OPPOSE UNLESS AMENDED - Assembly Bill 377 (Garcia) - Microenterprise Home Kitchen Operations The California Retail Food Code authorizes the governing body of a city, county, or city and county, by ordinance or resolution to permit microenterprise home kitchen operations if certain conditions are met. This Bill would modify the conditions for a city, county, or city and county City of Huntington Beach Page 2 of 3 Printed on 3/13/2019 powere4l4 Legistar-" _o C C ...I a) 0 •- 0_, 4-, (1.1 48-p '--r,2 a, r-> — c a., - n 2 c 0 C r o > 5 >„ li-, >. ..-, a. r.../1 C (../ a 0< _c (43 1.1 _NG (t/ (1.1 U -0 ro m '- .- — ro ro .1 cv 11) 0 u co = CI -r-o 0.3 (-) (-) ct. CD u-) I Lu LU cc 0 .0 (.9 I _I _u Z 0- C V) G < -.1 t.r) 4-n I- 0- 03 I = 0- * yj 1-1 rNi File #: 19-354 MEETING DATE: 3/18/2019 to permit microenterprise home kitchen operations within its jurisdictions. The IRC took the position of oppose unless amended to allow cities to determine whether they want to allow these operations within their jurisdiction. In addition to the legislation presented above, representatives from Southern California Gas Company (SCG) met with the Mayor and staff on March 11, 2019, and requested that the City submit a letter of support to the California Public Utilities Commission (CPUC) for their recently filed request to allow customers to purchase renewable natural gas for their homes. This is a voluntary program that would assist SCG in their commitment to develop renewable natural gas as part of their broader, integrated vision for the future of clean energy that keeps energy affordable, expands choice, and develops long-term and seasonal renewal storage using existing infrastructure. The Press Release on the program is attached to this Request for Council Action. Environmental Status: Not applicable. Strategic Plan Goal: Improve quality of life Attachment(s): 1. Assembly Bill 136 (Quirk-Silva) 2. Assembly Bill 510 (Cooley) 3. Assembly Bill 1190 (Irwin) 4. Assembly Bill 377 (Garcia) 5. Southern California Gas Company Press Release City of Huntington Beach Page 3 of 3 Printed on 3/13/2019 powerettA,LegstarTM he pilot program. ➢ SUPPORT - Assembly Bill 510 (Cooley) - Local Government Records: Destruction of Records Existing law authorizes the head of a department of a county or city, or the head of a special district to destroy recordings of routine video monitoring maintained by that county, city or special district after one year if that person receives approval from the legislative body and the written consent of the agency attorney. This bill would exempt the head of a department of a county or city, or the head of a special district from these recording retention requirements if the county, city or special district adopts a records retention policy governing recordings of routine video monitoring and recordings of telephone and radio communications. ➢ SUPPORT - Assembly Bill 1190 (Irwin) - Unmanned Aircraft: State and Local Regulations: Limitations This Bill would prohibit a state or local agency from adopting any law or regulation that bans the operation of an unmanned aircraft system. As introduced, this Bill would authorize a state or local agency to adopt regulations to enforce a requirement that a small unmanned aircraft system be properly registered under existing federal regulations. Additionally, the Bill would authorize a state or local agency to require an unmanned aircraft operator to provide proof of federal, state or local registration to licensing or enforcement officials. ➢ OPPOSE UNLESS AMENDED - Assembly Bill 377 (Garcia) - Microenterprise Home Kitchen Operations The California Retail Food Code authorizes the governing body of a city, county, or city and county, by ordinance or resolution to permit microenterprise home kitchen operations if certain conditions are met. This Bill would modify the conditions for a city, county, or city and county City of Huntington Beach Page 2 of 3 Printed on 3/13/2019 powere4l4 Legistar-" _o C C ...I a) 0 •- 0_, 4-, (1.1 48-p '--r,2 a, r-> — c a., - n 2 c 0 C r o > 5 >„ li-, >. ..-, a. r.../1 C (../ a 0< _c (43 1.1 _NG (t/ (1.1 U -0 ro m '- .- — ro ro .1 cv 11) 0 u co = CI -r-o 0.3 (-) (-) ct. CD u-) I Lu LU cc 0 .0 (.9 I _I _u Z 0- C V) G < -.1 t.r) 4-n I- 0- 03 I = 0- * yj 1-1 rNi CALIFORNIA LEGISLATURE-2019-20 REGULAR SESSION ASSEMBLY BILL No. 136 Introduced by Assembly Member Quirk-Silva December 5, 2018 An act to add and repeal Chapter 14 (commencing with Section 11860.10) of Part 2 of Division 10.5 of the Health and Safety Code, relating to alcohol and drug programs. LEGISLATIVE COUNSEL'S DIGEST AB 136, as introduced, Quirk-Silva. Alcohol and drug programs: residential recovery and treatment ombudsperson: pilot program. Existing law provides for the licensure and regulation of adult alcoholism or drug abuse recovery or treatment facilities by the State Department of Health Care Services. Existing law defines "alcoholism or drug abuse recovery or treatment facility"to mean a premises,place, or building that provides residential nonmedical services, as defined, to adults who are recovering from problems related to alcohol, drug, or alcohol and drug misuse or abuse, and who need alcohol, drug, or alcohol and drug recovery treatment or detoxification services. Existing law requires a program licensed by the department to disclose to the department specified information including, among other things, ownership or control of, or financial interest in, a recovery residence. Existing law defines a "recovery residence" as a residential dwelling that provides primary housing for individuals who seek a cooperative living arrangement that supports personal recovery from a substance use disorder and that does not require licensure by the department or does not provide licensable services. This bill would require the department to establish the Office of the State Ombudsperson for Substance Abuse Residential Recovery and 416 cial district after one year if that person receives approval from the legislative body and the written consent of the agency attorney. This bill would exempt the head of a department of a county or city, or the head of a special district from these recording retention requirements if the county, city or special district adopts a records retention policy governing recordings of routine video monitoring and recordings of telephone and radio communications. ➢ SUPPORT - Assembly Bill 1190 (Irwin) - Unmanned Aircraft: State and Local Regulations: Limitations This Bill would prohibit a state or local agency from adopting any law or regulation that bans the operation of an unmanned aircraft system. As introduced, this Bill would authorize a state or local agency to adopt regulations to enforce a requirement that a small unmanned aircraft system be properly registered under existing federal regulations. Additionally, the Bill would authorize a state or local agency to require an unmanned aircraft operator to provide proof of federal, state or local registration to licensing or enforcement officials. ➢ OPPOSE UNLESS AMENDED - Assembly Bill 377 (Garcia) - Microenterprise Home Kitchen Operations The California Retail Food Code authorizes the governing body of a city, county, or city and county, by ordinance or resolution to permit microenterprise home kitchen operations if certain conditions are met. This Bill would modify the conditions for a city, county, or city and county City of Huntington Beach Page 2 of 3 Printed on 3/13/2019 powere4l4 Legistar-" _o C C ...I a) 0 •- 0_, 4-, (1.1 48-p '--r,2 a, r-> — c a., - n 2 c 0 C r o > 5 >„ li-, >. ..-, a. r.../1 C (../ a 0< _c (43 1.1 _NG (t/ (1.1 U -0 ro m '- .- — ro ro .1 cv 11) 0 u co = CI -r-o 0.3 (-) (-) ct. CD u-) I Lu LU cc 0 .0 (.9 I _I _u Z 0- C V) G < -.1 t.r) 4-n I- 0- 03 I = 0- * yj 1-1 rNi 2 Treatment as a one-year pilot project, from January 1, 2021, to December 31,2021,inclusive.The bill would require the office to work in concert with participating counties to collaborate in investigations of complaints received by the counties against alcoholism or drug abuse recovery or treatment facilities and recovery residences.The bill would require each participating county, by July 1, 2022, to report to the Legislature on the results of the county's collaboration with the pilot program. This bill would make these provisions inoperative on July 1, 2022, and would repeal it as of January 1, 2023. Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no. The people of the State of California do enact as follows: 1 SECTION 1. Chapter 14(commencing with Section 11860.10) 2 is added to Part 2 of Division 10.5 of the Health and Safety Code, 3 to read: 4 5 CHAPTER 14. RESIDENTIAL RECOVERY AND TREATMENT 6 OMBUDSPERSON 7 8 11860.10. (a) The department shall develop and implement 9 establish the Office of the State Ombudsperson for Substance 10 Abuse Residential Recovery and Treatment, as a one-year pilot 11 program, pursuant to this chapter. The pilot program shall 12 commence on January 1,2021.Each county may elect to participate 13 in the pilot program. 14 (b) The office shall work in concert with counties that elect to 15 participate to collaborate in investigations of complaints received 16 by the counties against the following categories of facilities: 17 (1) Adult alcoholism or drug abuse recovery or treatment 18 facilities licensed pursuant to Chapter 7.5 (commencing with 19 Section 11834.01). 20 (2) Recovery residences, as defined in Section 11833.05. 21 (c) The pilot program shall operate until December 31, 2021. 22 By July 1, 2022, each participating county shall report to the 23 Legislature on the results of the county's collaboration with the 24 pilot program pursuant to Section 9795 of the Government Code. 417 ons. ➢ SUPPORT - Assembly Bill 1190 (Irwin) - Unmanned Aircraft: State and Local Regulations: Limitations This Bill would prohibit a state or local agency from adopting any law or regulation that bans the operation of an unmanned aircraft system. As introduced, this Bill would authorize a state or local agency to adopt regulations to enforce a requirement that a small unmanned aircraft system be properly registered under existing federal regulations. Additionally, the Bill would authorize a state or local agency to require an unmanned aircraft operator to provide proof of federal, state or local registration to licensing or enforcement officials. ➢ OPPOSE UNLESS AMENDED - Assembly Bill 377 (Garcia) - Microenterprise Home Kitchen Operations The California Retail Food Code authorizes the governing body of a city, county, or city and county, by ordinance or resolution to permit microenterprise home kitchen operations if certain conditions are met. This Bill would modify the conditions for a city, county, or city and county City of Huntington Beach Page 2 of 3 Printed on 3/13/2019 powere4l4 Legistar-" _o C C ...I a) 0 •- 0_, 4-, (1.1 48-p '--r,2 a, r-> — c a., - n 2 c 0 C r o > 5 >„ li-, >. ..-, a. r.../1 C (../ a 0< _c (43 1.1 _NG (t/ (1.1 U -0 ro m '- .- — ro ro .1 cv 11) 0 u co = CI -r-o 0.3 (-) (-) ct. CD u-) I Lu LU cc 0 .0 (.9 I _I _u Z 0- C V) G < -.1 t.r) 4-n I- 0- 03 I = 0- * yj 1-1 rNi 3 1 11860.11. This chapter shall become inoperative on July 1, 2 2022, and, as of January 1, 2023, is repealed. 0 418 s cracked. • Stair railing, transfer station and approach steps rusted. • „iota kl',1/0111' ; • k • ft " . I ."IV Nov, it .. • _-- - 4,1 Estimated Costs to Replace Existing Playground Equipment incl. Install 1 Swing Set $3,100 2-5 Years $40,000 5-12 Years $65,000 Estimated Costs for Rubberized Surfacing incl. Install Partial (839 SF) $25,774 Full (3,744 SF) $115,015 TOTAL COST FOR EQUIPMENT & SURFACING Partial $133,874 Full $223,115 74 59 51 CALIFORNIA LEGISLATURE-2019-20 REGULAR SESSION ASSEMBLY BILL No. 510 Introduced by Assembly Member Cooley February 13, 2019 An act to amend Sections 26202.6, 34090.6, and 53160 of the Government Code, relating to local government. LEGISLATIVE COUNSEL'S DIGEST AB 510, as introduced, Cooley. Local government records: destruction of records. Existing law authorizes the head of a department of a county or city, or the head of a special district to destroy recordings of routine video monitoring maintained by that county, city, or special district after one year if that person receives approval from the legislative body and the written consent of the agency attorney. Existing law authorizes the head of a department of a county or city, or the head of a special district to destroy recordings of telephone and radio communications maintained by that county, city, or special district after 100 days if that person receives approval from the legislative body and the written consent of the agency attorney. This bill would exempt the head of a department of a county or city, or the head of a special district from these recording retention requirements if the county, city, or special district adopts a records retention policy governing recordings of routine video monitoring and recordings of telephone and radio communications. Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no. 419 o collaborate in investigations of complaints received 16 by the counties against the following categories of facilities: 17 (1) Adult alcoholism or drug abuse recovery or treatment 18 facilities licensed pursuant to Chapter 7.5 (commencing with 19 Section 11834.01). 20 (2) Recovery residences, as defined in Section 11833.05. 21 (c) The pilot program shall operate until December 31, 2021. 22 By July 1, 2022, each participating county shall report to the 23 Legislature on the results of the county's collaboration with the 24 pilot program pursuant to Section 9795 of the Government Code. 417 ons. ➢ SUPPORT - Assembly Bill 1190 (Irwin) - Unmanned Aircraft: State and Local Regulations: Limitations This Bill would prohibit a state or local agency from adopting any law or regulation that bans the operation of an unmanned aircraft system. As introduced, this Bill would authorize a state or local agency to adopt regulations to enforce a requirement that a small unmanned aircraft system be properly registered under existing federal regulations. Additionally, the Bill would authorize a state or local agency to require an unmanned aircraft operator to provide proof of federal, state or local registration to licensing or enforcement officials. ➢ OPPOSE UNLESS AMENDED - Assembly Bill 377 (Garcia) - Microenterprise Home Kitchen Operations The California Retail Food Code authorizes the governing body of a city, county, or city and county, by ordinance or resolution to permit microenterprise home kitchen operations if certain conditions are met. This Bill would modify the conditions for a city, county, or city and county City of Huntington Beach Page 2 of 3 Printed on 3/13/2019 powere4l4 Legistar-" _o C C ...I a) 0 •- 0_, 4-, (1.1 48-p '--r,2 a, r-> — c a., - n 2 c 0 C r o > 5 >„ li-, >. ..-, a. r.../1 C (../ a 0< _c (43 1.1 _NG (t/ (1.1 U -0 ro m '- .- — ro ro .1 cv 11) 0 u co = CI -r-o 0.3 (-) (-) ct. CD u-) I Lu LU cc 0 .0 (.9 I _I _u Z 0- C V) G < -.1 t.r) 4-n I- 0- 03 I = 0- * yj 1-1 rNi 2 The people of the State of California do enact as follows: 1 SECTION 1. Section 26202.6 of the Government Code is 2 amended to read: 3 26202.6. (a) Notwithstanding the provisions of Sections 26202, 4 26205, and 26205.1, and except as provided in subdivisions (b) 5 or (c), the head of a department of a county, after one year, may 6 destroy recordings of routine video monitoring,and after 100 days 7 may destroy recordings of telephone and radio communications 8 maintained by the department. This destruction shall be approved 9 by the legislative body and the written consent of the agency 10 attorney shall be obtained. In thc event that thc rccordings arc 11 evidence in any claim filed or any pending litigation, they shall 12 be preserved until pending litigation is resolved. 13 (b) Subdivision (a)shall not apply in a county that has adopted 14 a records retention policy that governs when recordings of routine 15 video monitoring and recordings of telephone and radio 16 communications may be destroyed. 17 (c) If a recording is evidence in any claim filed or any pending 18 litigation, it shall be preserved until the claim or pending litigation 19 is resolved. 20 (b) 21 (d) For purposes of this scction, "rccordings section: 22 (1) "Recordings of telephone and radio communications"means 23 the routine daily recording of telephone communications to and 24 from a county and all radio communications relating to the 25 operations of the departments. 26 (c) For purposes of this scction, "routine 27 (2) "Routine video monitoring" means video recording by a 28 video or electronic imaging system designed to record the regular 29 and ongoing operations of the departments described in subdivision 30 (a), including mobile in-car video systems, jail observation and 31 monitoring systems, and building security recording systems. 32 (d) For purposes of this section, "department" 33 (3) "Department" includes a public safety communications 34 center operated by the county and the governing board of any 35 special district the membership of which is the same as the 36 membership of the board of supervisors. 37 SEC. 2. Section 34090.6 of the Government Code is amended 38 to read: 420 the operation of an unmanned aircraft system. As introduced, this Bill would authorize a state or local agency to adopt regulations to enforce a requirement that a small unmanned aircraft system be properly registered under existing federal regulations. Additionally, the Bill would authorize a state or local agency to require an unmanned aircraft operator to provide proof of federal, state or local registration to licensing or enforcement officials. ➢ OPPOSE UNLESS AMENDED - Assembly Bill 377 (Garcia) - Microenterprise Home Kitchen Operations The California Retail Food Code authorizes the governing body of a city, county, or city and county, by ordinance or resolution to permit microenterprise home kitchen operations if certain conditions are met. This Bill would modify the conditions for a city, county, or city and county City of Huntington Beach Page 2 of 3 Printed on 3/13/2019 powere4l4 Legistar-" _o C C ...I a) 0 •- 0_, 4-, (1.1 48-p '--r,2 a, r-> — c a., - n 2 c 0 C r o > 5 >„ li-, >. ..-, a. r.../1 C (../ a 0< _c (43 1.1 _NG (t/ (1.1 U -0 ro m '- .- — ro ro .1 cv 11) 0 u co = CI -r-o 0.3 (-) (-) ct. CD u-) I Lu LU cc 0 .0 (.9 I _I _u Z 0- C V) G < -.1 t.r) 4-n I- 0- 03 I = 0- * yj 1-1 rNi 3 1 34090.6. (a) Notwithstanding the provisions of Section 34090, 2 and except as provided in subdivision (b) or (c), the head of a 3 department of a city or city and county,after one year,may destroy 4 recordings of routine video monitoring, and after 100 days may 5 destroy recordings of telephone and radio communications 6 maintained by the department. This destruction shall be approved 7 by the legislative body and the written consent of the agency 8 attorney shall be obtained. In the event that the recordings arc 9 evidence in any claim filed or any pending litigation, they shall 10 be preserved until pending litigation is resolved. 11 (b) Subdivision (a) shall not apply in a city or city and county 12 that has adopted a records retention policy that governs when 13 recordings of routine video monitoring and recordings of telephone 14 and radio communications may be destroyed. 15 (c) If a recording is evidence in any claim filed or any pending 16 litigation, it shall be preserved until the claim or pending litigation 17 is resolved. 18 (b) 19 (d) For purposes of this section, "recordings section: 20 (1) "Recordings of telephone and radio communications"means 21 the routine daily recording of telephone communications to and 22 from a city, city and county, or department, and all radio 23 communications relating to the operations of the departments. 24 (c) For purposes of this section, "routine 25 (2) `Routine video monitoring" means video recording by a 26 video or electronic imaging system designed to record the regular 27 and ongoing operations of the departments described in subdivision 28 (a), including mobile in-car video systems, jail observation and 29 monitoring systems, and building security recording systems. 30 (d) For purposes of this section, "department" 31 (3) "Department" includes a public safety communications 32 center operated by the city or city and county. 33 SEC. 3. Section 53160 of the Government Code is amended 34 to read: 35 53160. (a) The-Except as provided in subdivisions (b) or (c), 36 the head of a special district,after one year,may destroy recordings 37 of routine video monitoring, and after 100 days may destroy 38 recordings of telephone and radio communications maintained by 39 the special district. This destruction shall be approved by the 40 legislative body and the written consent of the agency attorney 421 ystem be properly registered under existing federal regulations. Additionally, the Bill would authorize a state or local agency to require an unmanned aircraft operator to provide proof of federal, state or local registration to licensing or enforcement officials. ➢ OPPOSE UNLESS AMENDED - Assembly Bill 377 (Garcia) - Microenterprise Home Kitchen Operations The California Retail Food Code authorizes the governing body of a city, county, or city and county, by ordinance or resolution to permit microenterprise home kitchen operations if certain conditions are met. This Bill would modify the conditions for a city, county, or city and county City of Huntington Beach Page 2 of 3 Printed on 3/13/2019 powere4l4 Legistar-" _o C C ...I a) 0 •- 0_, 4-, (1.1 48-p '--r,2 a, r-> — c a., - n 2 c 0 C r o > 5 >„ li-, >. ..-, a. r.../1 C (../ a 0< _c (43 1.1 _NG (t/ (1.1 U -0 ro m '- .- — ro ro .1 cv 11) 0 u co = CI -r-o 0.3 (-) (-) ct. CD u-) I Lu LU cc 0 .0 (.9 I _I _u Z 0- C V) G < -.1 t.r) 4-n I- 0- 03 I = 0- * yj 1-1 rNi 4 1 shall be obtained. In the event that the recordings arc evidence in 2 any claim filed or any pending litigation, they shall be preserved 3 until pending litigation is resolved. 4 (b) Subdivision (a) shall not apply in a special district that has 5 adopted a records retention policy that governs when recordings 6 of routine video monitoring and recordings of telephone and radio 7 communications may be destroyed. 8 (c) If a recording is evidence in any claim filed or any pending 9 litigation, it shall be preserved until the claim or pending litigation 10 is resolved. 11 0") 12 (d) For purposes of this article, "recordings article: 13 (1) "Recordings of telephone and radio communications"means 14 the routine daily recording of telephone communications to and 15 from a special district, and all radio communications relating to 16 the operations of the special district. 17 (c) For purposes of this article, "routine 18 (2) `Routine video monitoring" means video recording by a 19 video or electronic imaging system designed to record the regular 20 and ongoing operations of the special district, including mobile 21 in-car video systems,jail observation and monitoring systems,and 22 building security recording systems. 23 (d) For purposes of this article, "special 24 (3) "Special district" shall have the same meaning as "public 25 agency," as that term is defined in Section 53050. 0 422 utine video monitoring" means video recording by a 26 video or electronic imaging system designed to record the regular 27 and ongoing operations of the departments described in subdivision 28 (a), including mobile in-car video systems, jail observation and 29 monitoring systems, and building security recording systems. 30 (d) For purposes of this section, "department" 31 (3) "Department" includes a public safety communications 32 center operated by the city or city and county. 33 SEC. 3. Section 53160 of the Government Code is amended 34 to read: 35 53160. (a) The-Except as provided in subdivisions (b) or (c), 36 the head of a special district,after one year,may destroy recordings 37 of routine video monitoring, and after 100 days may destroy 38 recordings of telephone and radio communications maintained by 39 the special district. This destruction shall be approved by the 40 legislative body and the written consent of the agency attorney 421 ystem be properly registered under existing federal regulations. Additionally, the Bill would authorize a state or local agency to require an unmanned aircraft operator to provide proof of federal, state or local registration to licensing or enforcement officials. ➢ OPPOSE UNLESS AMENDED - Assembly Bill 377 (Garcia) - Microenterprise Home Kitchen Operations The California Retail Food Code authorizes the governing body of a city, county, or city and county, by ordinance or resolution to permit microenterprise home kitchen operations if certain conditions are met. This Bill would modify the conditions for a city, county, or city and county City of Huntington Beach Page 2 of 3 Printed on 3/13/2019 powere4l4 Legistar-" _o C C ...I a) 0 •- 0_, 4-, (1.1 48-p '--r,2 a, r-> — c a., - n 2 c 0 C r o > 5 >„ li-, >. ..-, a. r.../1 C (../ a 0< _c (43 1.1 _NG (t/ (1.1 U -0 ro m '- .- — ro ro .1 cv 11) 0 u co = CI -r-o 0.3 (-) (-) ct. CD u-) I Lu LU cc 0 .0 (.9 I _I _u Z 0- C V) G < -.1 t.r) 4-n I- 0- 03 I = 0- * yj 1-1 rNi CALIFORNIA LEGISLATURE-2019-20 REGULAR SESSION ASSEMBLY BILL No. 1190 Introduced by Assembly Member Irwin February 21, 2019 An act to amend Sections 831.7 and 853.5 of, and to add Chapter 12.97 (commencing with Section 7105)to Division 7 of Title 1 of, the Government Code, relating to unmanned aircraft. LEGISLATIVE COUNSEL'S DIGEST AB 1190, as introduced, Irwin. Unmanned aircraft: state and local regulation: limitations. Existing law prohibits a person from knowingly and intentionally operating an unmanned aircraft system on or above the grounds of a state prison, a jail, or a juvenile hall, camp, or ranch. Existing law provides a local public entity or employee with immunity as to any person engaging in hazardous recreational activity, as defined, and for damage to an unmanned aircraft while the local entity or employee is providing emergency services.Existing law defines"unmanned aircraft" and other terms for purposes of these provisions. This bill would, among other things, prohibit a state or local agency from adopting any law or regulation that bans the operation of an unmanned aircraft system.The bill would include the operation of small unmanned aircraft systems within the definition of hazardous recreational activity for purposes of public entity liability. The bill would authorize a state or local agency to adopt regulations to enforce a requirement that a small unmanned aircraft system be properly registered under existing federal regulations. The bill would also authorize a state or local agency to require an unmanned aircraft operator to provide proof of federal, state, or local registration to licensing or 423 the departments described in subdivision 28 (a), including mobile in-car video systems, jail observation and 29 monitoring systems, and building security recording systems. 30 (d) For purposes of this section, "department" 31 (3) "Department" includes a public safety communications 32 center operated by the city or city and county. 33 SEC. 3. Section 53160 of the Government Code is amended 34 to read: 35 53160. (a) The-Except as provided in subdivisions (b) or (c), 36 the head of a special district,after one year,may destroy recordings 37 of routine video monitoring, and after 100 days may destroy 38 recordings of telephone and radio communications maintained by 39 the special district. This destruction shall be approved by the 40 legislative body and the written consent of the agency attorney 421 ystem be properly registered under existing federal regulations. Additionally, the Bill would authorize a state or local agency to require an unmanned aircraft operator to provide proof of federal, state or local registration to licensing or enforcement officials. ➢ OPPOSE UNLESS AMENDED - Assembly Bill 377 (Garcia) - Microenterprise Home Kitchen Operations The California Retail Food Code authorizes the governing body of a city, county, or city and county, by ordinance or resolution to permit microenterprise home kitchen operations if certain conditions are met. This Bill would modify the conditions for a city, county, or city and county City of Huntington Beach Page 2 of 3 Printed on 3/13/2019 powere4l4 Legistar-" _o C C ...I a) 0 •- 0_, 4-, (1.1 48-p '--r,2 a, r-> — c a., - n 2 c 0 C r o > 5 >„ li-, >. ..-, a. r.../1 C (../ a 0< _c (43 1.1 _NG (t/ (1.1 U -0 ro m '- .- — ro ro .1 cv 11) 0 u co = CI -r-o 0.3 (-) (-) ct. CD u-) I Lu LU cc 0 .0 (.9 I _I _u Z 0- C V) G < -.1 t.r) 4-n I- 0- 03 I = 0- * yj 1-1 rNi 2 enforcement officials.The bill would define terms for purposes of these provisions. Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no. The people of the State of California do enact as follows: 1 SECTION 1. The Legislature finds and declares that the intent 2 of this act is to accomplish the following goals: 3 (a) To foster and promote public safety in the use of unmanned 4 aircraft systems. 5 (b) To explore the development of a balanced approach to a 6 consistent state regulatory framework for unmanned aircraft 7 systems that can work for industry, recreational users, local 8 government, and law enforcement. 9 (c) To facilitate the use of drones for recreational and hobby, 10 commercial, and governmental purposes. 11 (d) To protect persons and entities from invasion of their privacy 12 and to prevent harassment of persons and entities in their public 13 activities. 14 (e) To protect sensitive governmental and private facilities and 15 operations from interference or unauthorized surveillance,including 16 facilities and operations addressing emergency events, such as 17 earthquakes, fires, and flooding. 18 SEC. 2. Section 831.7 of the Government Code is amended to 19 read: 20 831.7. (a) Neither a public entity nor a public employee is 21 liable to any person who participates in a hazardous recreational 22 activity,including any person who assists the participant,or to any 23 spectator who knew or reasonably should have known that the 24 hazardous recreational activity created a substantial risk of injury 25 to himself or herself themselves and was voluntarily in the place 26 of risk,or having the ability to do so failed to leave,for any damage 27 or injury to property or persons arising out of that hazardous 28 recreational activity. 29 (b) As used in this section, "hazardous recreational activity" 30 means a recreational activity conducted on property of a public 31 entity that creates a substantial, as distinguished from a minor, 32 trivial,or insignificant,risk of injury to a participant or a spectator. 33 "Hazardous recreational activity" also means: 424 after 100 days may destroy 38 recordings of telephone and radio communications maintained by 39 the special district. This destruction shall be approved by the 40 legislative body and the written consent of the agency attorney 421 ystem be properly registered under existing federal regulations. Additionally, the Bill would authorize a state or local agency to require an unmanned aircraft operator to provide proof of federal, state or local registration to licensing or enforcement officials. ➢ OPPOSE UNLESS AMENDED - Assembly Bill 377 (Garcia) - Microenterprise Home Kitchen Operations The California Retail Food Code authorizes the governing body of a city, county, or city and county, by ordinance or resolution to permit microenterprise home kitchen operations if certain conditions are met. This Bill would modify the conditions for a city, county, or city and county City of Huntington Beach Page 2 of 3 Printed on 3/13/2019 powere4l4 Legistar-" _o C C ...I a) 0 •- 0_, 4-, (1.1 48-p '--r,2 a, r-> — c a., - n 2 c 0 C r o > 5 >„ li-, >. ..-, a. r.../1 C (../ a 0< _c (43 1.1 _NG (t/ (1.1 U -0 ro m '- .- — ro ro .1 cv 11) 0 u co = CI -r-o 0.3 (-) (-) ct. CD u-) I Lu LU cc 0 .0 (.9 I _I _u Z 0- C V) G < -.1 t.r) 4-n I- 0- 03 I = 0- * yj 1-1 rNi 3 1 (1) Water contact activities, except diving, in places where, or 2 at a time when, lifeguards are not provided and reasonable warning 3 thereof has been given,or the injured party should reasonably have 4 known that there was no lifeguard provided at the time. 5 (2) Any foul'of diving into water from other than a diving board 6 or diving platform, or at any place or from any structure where 7 diving is prohibited and reasonable warning thereof has been given. 8 (3) Animal riding, including equestrian competition, archery, 9 bicycle racing or jumping,bicycle motocross,mountain bicycling, 10 boating,cross-country and downhill skiing,hang gliding,kayaking, 11 motorized vehicle racing, off-road motorcycling or four-wheel 12 driving of any kind, orienteering, pistol and rifle shooting, rock 13 climbing,rocketeering,rodeo, self-contained underwater breathing 14 apparatus (SCUBA) diving, spelunking, skydiving, sport 15 parachuting, paragliding, body contact sports, surfing, 16 trampolining,tree climbing,tree rope swinging,waterskiing,white 17 water rafting,and windsurfing.For the purposes of this subdivision, 18 "mountain bicycling" does not include riding a bicycle on paved 19 pathways, roadways, or sidewalks. For the purpose of this 20 paragraph, "body contact sports" means sports in which it is 21 reasonably foreseeable that there will be rough bodily contact with 22 one or more participants. 23 (4) Operation of small unmanned aircraft systems within an 24 recreational area designated by a state or local agency for the 25 operation of small unmanned aircraft pursuant to subdivision (c) 26 of Section 7105. 27 (c) (1) Notwithstanding subdivision (a), this section does not 28 limit liability that would otherwise exist for any of the following: 29 (A) Failure of the public entity or employee to guard or warn 30 of a known dangerous condition or of another hazardous 31 recreational activity known to the public entity or employee that 32 is not reasonably assumed by the participant as inherently a part 33 of the hazardous recreational activity out of which the damage or 34 injury arose. 35 (B) Damage or injury suffered in any case where permission to 36 participate in the hazardous recreational activity was granted for 37 a specific fee.For the purpose of this subparagraph,"specific fee" 38 does not include a fee or consideration charged for a general 39 purpose such as a general park admission charge, a vehicle entry 40 or parking fee, or an administrative or group use application or 425 require an unmanned aircraft operator to provide proof of federal, state or local registration to licensing or enforcement officials. ➢ OPPOSE UNLESS AMENDED - Assembly Bill 377 (Garcia) - Microenterprise Home Kitchen Operations The California Retail Food Code authorizes the governing body of a city, county, or city and county, by ordinance or resolution to permit microenterprise home kitchen operations if certain conditions are met. This Bill would modify the conditions for a city, county, or city and county City of Huntington Beach Page 2 of 3 Printed on 3/13/2019 powere4l4 Legistar-" _o C C ...I a) 0 •- 0_, 4-, (1.1 48-p '--r,2 a, r-> — c a., - n 2 c 0 C r o > 5 >„ li-, >. ..-, a. r.../1 C (../ a 0< _c (43 1.1 _NG (t/ (1.1 U -0 ro m '- .- — ro ro .1 cv 11) 0 u co = CI -r-o 0.3 (-) (-) ct. CD u-) I Lu LU cc 0 .0 (.9 I _I _u Z 0- C V) G < -.1 t.r) 4-n I- 0- 03 I = 0- * yj 1-1 rNi 4 1 permit fee, as distinguished from a specific fee charged for 2 participation in the specific hazardous recreational activity out of 3 which the damage or injury arose. 4 (C) Injury suffered to the extent proximately caused by the 5 negligent failure of the public entity or public employee to properly 6 construct or maintain in good repair any structure, recreational 7 equipment or machinery, or substantial work of improvement 8 utilized in the hazardous recreational activity out of which the 9 damage or injury arose. 10 (D) Damage or injury suffered in any case where the public 11 entity or employee recklessly or with gross negligence promoted 12 the participation in or observance of a hazardous recreational 13 activity. For purposes of this subparagraph,promotional literature 14 or a public announcement or advertisement that merely describes 15 the available facilities and services on the property does not in 16 itself constitute a reckless or grossly negligent promotion. 17 (E) An act of gross negligence by a public entity or a public 18 employee that is the proximate cause of the injury. 19 (2) Nothing in this subdivision creates a duty of care or basis 20 of liability for personal injury or damage to personal property. 21 (d) Nothing in this section limits the liability of an independent 22 concessionaire,or any person or organization other than the public 23 entity, whether or not the person or organization has a contractual 24 relationship with the public entity to use the public property, for 25 injuries or damages suffered in any case as a result of the operation 26 of a hazardous recreational activity on public property by the 27 concessionaire,person, or organization. 28 SEC. 3. Section 853.5 of the Government Code is amended to 29 read: 30 853.5. The following definitions shall apply to this chapter: 31 (a) "Public unmanned aircraft system" means an unmanned 32 aircraft system that is owned or operated by a local or state 33 government entity. 34 (b) "Small unmanned aircraft" means an unmanned aircraft 35 weighing less than 55 pounds. 36 (a) 37 (c) "Unmanned aircraft" means an aircraft that is operated 38 without the possibility of direct human intervention from within 39 or on the aircraft. 40 ( ) 426 this subparagraph,"specific fee" 38 does not include a fee or consideration charged for a general 39 purpose such as a general park admission charge, a vehicle entry 40 or parking fee, or an administrative or group use application or 425 require an unmanned aircraft operator to provide proof of federal, state or local registration to licensing or enforcement officials. ➢ OPPOSE UNLESS AMENDED - Assembly Bill 377 (Garcia) - Microenterprise Home Kitchen Operations The California Retail Food Code authorizes the governing body of a city, county, or city and county, by ordinance or resolution to permit microenterprise home kitchen operations if certain conditions are met. This Bill would modify the conditions for a city, county, or city and county City of Huntington Beach Page 2 of 3 Printed on 3/13/2019 powere4l4 Legistar-" _o C C ...I a) 0 •- 0_, 4-, (1.1 48-p '--r,2 a, r-> — c a., - n 2 c 0 C r o > 5 >„ li-, >. ..-, a. r.../1 C (../ a 0< _c (43 1.1 _NG (t/ (1.1 U -0 ro m '- .- — ro ro .1 cv 11) 0 u co = CI -r-o 0.3 (-) (-) ct. CD u-) I Lu LU cc 0 .0 (.9 I _I _u Z 0- C V) G < -.1 t.r) 4-n I- 0- 03 I = 0- * yj 1-1 rNi 5 1 (d) "Unmanned aircraft system" means an unmanned aircraft 2 and associated elements, including, but not limited to, 3 communication links and the components that control the 4 unmanned aircraft that are required for the pilot in command to 5 operate safely and efficiently in the national airspace system. 6 SEC. 4. Chapter 12.97 (commencing with Section 7105) is 7 added to Division 7 of Title 1 of the Government Code, to read: 8 9 CHAPTER 12.97. UNMANNED AIRCRAFT REGULATION 10 11 7105. (a) No state or local agency shall adopt any law or 12 regulation that bans the operation of an unmanned aircraft system. 13 (b) (1) An operator of a small unmanned aircraft system shall 14 register pursuant to federal regulations as set forth in 14 CFR Part 15 47. 16 (2) A state or local agency may adopt regulations to enforce a 17 requirement that a small unmanned aircraft system be properly 18 registered under 14 CFR Part 47 before issuing a license or other 19 approval to operate the system and to require that the unmanned 20 aircraft be labeled with the operator's registration number. 21 (3) It is the Legislature's intent that if the Federal Aviation 22 Administration eliminates small unmanned aircraft registration, 23 the shall develop a statewide small unmanned aircraft 24 registration system. 25 (4) If the state fails to develop a statewide registration system 26 within months of the final action by the Federal Aviation 27 Administration to eliminate the federal registration system, local 28 agencies may develop a registration system for small unmanned 29 aircraft to be operated within an agency's jurisdiction. 30 (5) Notwithstanding any other provision of law, a state or local 31 agency may require an unmanned aircraft operator to provide proof 32 of federal, state, or local registration to licensing or enforcement 33 officials.An operator who fails to show proof of registration shall 34 correct the violation within the time period as provided by law. If 35. an operator fails to correct the violation within the applicable time 36 period, the state or local agency may take additional enforcement 37 actions as provided by law. 38 (c) A state or local agency may designate recreational areas for 39 the operation of small unmanned aircraft.The state or local agency 40 shall cause signage to be posted at each entrance to the recreational 427 park admission charge, a vehicle entry 40 or parking fee, or an administrative or group use application or 425 require an unmanned aircraft operator to provide proof of federal, state or local registration to licensing or enforcement officials. ➢ OPPOSE UNLESS AMENDED - Assembly Bill 377 (Garcia) - Microenterprise Home Kitchen Operations The California Retail Food Code authorizes the governing body of a city, county, or city and county, by ordinance or resolution to permit microenterprise home kitchen operations if certain conditions are met. This Bill would modify the conditions for a city, county, or city and county City of Huntington Beach Page 2 of 3 Printed on 3/13/2019 powere4l4 Legistar-" _o C C ...I a) 0 •- 0_, 4-, (1.1 48-p '--r,2 a, r-> — c a., - n 2 c 0 C r o > 5 >„ li-, >. ..-, a. r.../1 C (../ a 0< _c (43 1.1 _NG (t/ (1.1 U -0 ro m '- .- — ro ro .1 cv 11) 0 u co = CI -r-o 0.3 (-) (-) ct. CD u-) I Lu LU cc 0 .0 (.9 I _I _u Z 0- C V) G < -.1 t.r) 4-n I- 0- 03 I = 0- * yj 1-1 rNi 6 1 area notifying the public that unmanned aircraft may be operating 2 in the area. 3 (d) Every unmanned aircraft shall be operated in strict 4 compliance with 14 CFR Part 107 as that regulation read on 5 January 1, 2019, unless the operator has received a valid waiver 6 or authorization from the Federal Aviation Administration.A state 7 or local agency may enforce the provisions of this section as 8 provided by law. 9 (e) A state or local agency may require the operator of a small 10 unmanned aircraft system for commercial purposes to maintain 11 insurance coverage, as specified by the agency. 12 (f) G. An operator's compliance with the provisions of this 13 section shall not be a defense to liability for a violation of Section 14 1708.8 of the Civil Code. 15 (g) For purposes of this section, the terms "public unmanned 16 aircraft system," "small unmanned aircraft,""unmanned aircraft," 17 and"unmanned aircraft system,"have the same meanings as those 18 terms are defined in Section 853.5. 0 428 he unmanned 20 aircraft be labeled with the operator's registration number. 21 (3) It is the Legislature's intent that if the Federal Aviation 22 Administration eliminates small unmanned aircraft registration, 23 the shall develop a statewide small unmanned aircraft 24 registration system. 25 (4) If the state fails to develop a statewide registration system 26 within months of the final action by the Federal Aviation 27 Administration to eliminate the federal registration system, local 28 agencies may develop a registration system for small unmanned 29 aircraft to be operated within an agency's jurisdiction. 30 (5) Notwithstanding any other provision of law, a state or local 31 agency may require an unmanned aircraft operator to provide proof 32 of federal, state, or local registration to licensing or enforcement 33 officials.An operator who fails to show proof of registration shall 34 correct the violation within the time period as provided by law. If 35. an operator fails to correct the violation within the applicable time 36 period, the state or local agency may take additional enforcement 37 actions as provided by law. 38 (c) A state or local agency may designate recreational areas for 39 the operation of small unmanned aircraft.The state or local agency 40 shall cause signage to be posted at each entrance to the recreational 427 park admission charge, a vehicle entry 40 or parking fee, or an administrative or group use application or 425 require an unmanned aircraft operator to provide proof of federal, state or local registration to licensing or enforcement officials. ➢ OPPOSE UNLESS AMENDED - Assembly Bill 377 (Garcia) - Microenterprise Home Kitchen Operations The California Retail Food Code authorizes the governing body of a city, county, or city and county, by ordinance or resolution to permit microenterprise home kitchen operations if certain conditions are met. This Bill would modify the conditions for a city, county, or city and county City of Huntington Beach Page 2 of 3 Printed on 3/13/2019 powere4l4 Legistar-" _o C C ...I a) 0 •- 0_, 4-, (1.1 48-p '--r,2 a, r-> — c a., - n 2 c 0 C r o > 5 >„ li-, >. ..-, a. r.../1 C (../ a 0< _c (43 1.1 _NG (t/ (1.1 U -0 ro m '- .- — ro ro .1 cv 11) 0 u co = CI -r-o 0.3 (-) (-) ct. CD u-) I Lu LU cc 0 .0 (.9 I _I _u Z 0- C V) G < -.1 t.r) 4-n I- 0- 03 I = 0- * yj 1-1 rNi CALIFORNIA LEGISLATURE-2019-20 REGULAR SESSION ASSEMBLY BILL No. 377 Introduced by Assembly Member Eduardo Garcia February 5, 2019 An act to amend Sections 1 14367.1, 114367.2, 114367.3, 114367.5, and 114367.6 of, to add Section 114367.7 to, and to repeal and add Section 114367 of, the Health and Safety Code, relating to retail food facilities, and declaring the urgency thereof,to take effect immediately. LEGISLATIVE COUNSEL'S DIGEST AB 377, as introduced, Eduardo Garcia. Microenterprise home kitchen operations. (1) The California Retail Food Code(code)authorizes the governing body of a city, county, or city and county, by ordinance or resolution, to permit microenterprise home kitchen operations if certain conditions are met. The code requires microenterprise home kitchen operations, as a restricted food service facility, to meet specified food safety standards.A violation of the code is generally a misdemeanor. This bill would modify the conditions for a city, county, or city and county to permit microenterprise home kitchen operations within its jurisdiction. The bill would require an enforcement agency that is permitting and inspecting microenterprise home kitchen operations to annually report specified information about the operations within its jurisdiction and post a link to a report on the homepage of its internet website. The bill would modify the food safety standards applicable to microenterprise home kitchen operations. The bill would prohibit an internet food service intermediary or a microenterprise home kitchen operation from using the word "catering" or any variation of that word in a listing or advertisement of a microenterprise home kitchen 429 ted within an agency's jurisdiction. 30 (5) Notwithstanding any other provision of law, a state or local 31 agency may require an unmanned aircraft operator to provide proof 32 of federal, state, or local registration to licensing or enforcement 33 officials.An operator who fails to show proof of registration shall 34 correct the violation within the time period as provided by law. If 35. an operator fails to correct the violation within the applicable time 36 period, the state or local agency may take additional enforcement 37 actions as provided by law. 38 (c) A state or local agency may designate recreational areas for 39 the operation of small unmanned aircraft.The state or local agency 40 shall cause signage to be posted at each entrance to the recreational 427 park admission charge, a vehicle entry 40 or parking fee, or an administrative or group use application or 425 require an unmanned aircraft operator to provide proof of federal, state or local registration to licensing or enforcement officials. ➢ OPPOSE UNLESS AMENDED - Assembly Bill 377 (Garcia) - Microenterprise Home Kitchen Operations The California Retail Food Code authorizes the governing body of a city, county, or city and county, by ordinance or resolution to permit microenterprise home kitchen operations if certain conditions are met. This Bill would modify the conditions for a city, county, or city and county City of Huntington Beach Page 2 of 3 Printed on 3/13/2019 powere4l4 Legistar-" _o C C ...I a) 0 •- 0_, 4-, (1.1 48-p '--r,2 a, r-> — c a., - n 2 c 0 C r o > 5 >„ li-, >. ..-, a. r.../1 C (../ a 0< _c (43 1.1 _NG (t/ (1.1 U -0 ro m '- .- — ro ro .1 cv 11) 0 u co = CI -r-o 0.3 (-) (-) ct. CD u-) I Lu LU cc 0 .0 (.9 I _I _u Z 0- C V) G < -.1 t.r) 4-n I- 0- 03 I = 0- * yj 1-1 rNi 2 operation's offer of food for sale. The bill would require a microenterprise home kitchen operation to include specific infoiination, including its permit number, in its advertising. By expanding the scope of a crime for a violation of the code, this bill would impose a state-mandated local program. (2) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason. (3) This bill would declare that it is to take effect immediately as an urgency statute. Vote: 2/3. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes. The people of the State of California do enact as follows: 1 SECTION 1. Section 114367 of the Health and Safety Code 2 is repealed. 3 114367. (a) Exccpt as provided in subdivision (b), the 4 governing body of a city or county, or city and county, shall have 5 full discretion to authorizc, by ordinancc or resolution, the 6 permitting of microcntcrprisc homc kitchen operations in 7 accordancc with this chapter. 8 (b) A permit issued by a county that has authorized the 9 permitting of microcntcrprisc home kitchen operations in 10 accordance with this chapter shall be valid in any city within the 11 county regardless of whether the city has separately enacted an 12 ordinance or resolution to authorize or prohibit the permitting of 13 microcntcrprisc home kitchen operations within that city. 14 SEC.2. Section 114367 is added to the Health and Safety Code, 15 to read: 16 114367. The governing body of a city, county, or city and 17 county that is designated as the enforcement agency, as defined 18 in Section 113773, shall have full discretion to authorize, by 19 ordinance or resolution, the permitting of microenterprise home 20 kitchen operations in accordance with this chapter. 21 SEC. 3. Section 114367.1 of the Health and Safety Code is 22 amended to read: 430 ency may take additional enforcement 37 actions as provided by law. 38 (c) A state or local agency may designate recreational areas for 39 the operation of small unmanned aircraft.The state or local agency 40 shall cause signage to be posted at each entrance to the recreational 427 park admission charge, a vehicle entry 40 or parking fee, or an administrative or group use application or 425 require an unmanned aircraft operator to provide proof of federal, state or local registration to licensing or enforcement officials. ➢ OPPOSE UNLESS AMENDED - Assembly Bill 377 (Garcia) - Microenterprise Home Kitchen Operations The California Retail Food Code authorizes the governing body of a city, county, or city and county, by ordinance or resolution to permit microenterprise home kitchen operations if certain conditions are met. This Bill would modify the conditions for a city, county, or city and county City of Huntington Beach Page 2 of 3 Printed on 3/13/2019 powere4l4 Legistar-" _o C C ...I a) 0 •- 0_, 4-, (1.1 48-p '--r,2 a, r-> — c a., - n 2 c 0 C r o > 5 >„ li-, >. ..-, a. r.../1 C (../ a 0< _c (43 1.1 _NG (t/ (1.1 U -0 ro m '- .- — ro ro .1 cv 11) 0 u co = CI -r-o 0.3 (-) (-) ct. CD u-) I Lu LU cc 0 .0 (.9 I _I _u Z 0- C V) G < -.1 t.r) 4-n I- 0- 03 I = 0- * yj 1-1 rNi 3 1 114367.1. (a) A microenterprise home kitchen operation, as 2 defined in Section 113825, shall be considered a restricted food 3 service facility for purposes of, and subject to all applicable 4 requirements of,Chapter 1 (commencing with Section 113700)to 5 Chapter 9 (commencing with Section 114265), inclusive, Chapter 6 12.6 (commencing with Section 114377), and Chapter 13 7 (commencing with Section 114380),except as otherwise provided 8 in this chapter. 9 (b) A microenterprise home kitchen operation shall be exempt 10 from all of the following provisions: 11 (1) Handwashing facilities requirements,as required in Section 12 113953,provided that a handwashing sink is supplied with warm 13 water and located in the toilet room and supplied, as specified in 14 Section 113953.2. 15 (2) Any provision in this part relating to sinks, warewashing 16 machines, and manual or machine sanitation,including including, 17 but not limited to, Sections 114099, 114099.2, 114099.4, 114099.6, 18 114099.7, 114101.1, 114101.2, 114103, 114107, 114123, 114125, 19 114163, and 114279, provided that re all of the following 20 conditions are met: 21 (A) Utensils and equipment are able to be properly cleaned 22 and sanitized. 23 (B) The sink in a microenterprise home kitchen operation has 24 hot and cold water and is fully operable. 25 (3) Prohibition on the presence of persons unnecessary to the 26 food facility operation in the food preparation, food storage, or 27 warewashing areas, as specified in Section 113945.1. 113945.1, 28 except during hours of a microenterprise home kitchen operation. 29 (4) No smoking sign posting requirements, as specified in 30 Section 113978. 31 (5) Limitations on employee consumption of food, drink, or 32 tobacco outside of designated areas,as specified in Sections 113977 33 and 114256. 114256, except during times when food is being 34 prepared as part of a microenterprise home kitchen operation. 35 (6) Limitations on consumer access to the food facility through 36 food preparation areas,as specified in Section 113984.1. 113984.1, 37 except during hours of a microenterprise home kitchen operation. 38 (7) Display guard, cover, and container requirements, as 39 specified in Section 114060, provided that any food on display 40 that is not protected from the direct line of a consumer's mouth 431 ecreational 427 park admission charge, a vehicle entry 40 or parking fee, or an administrative or group use application or 425 require an unmanned aircraft operator to provide proof of federal, state or local registration to licensing or enforcement officials. ➢ OPPOSE UNLESS AMENDED - Assembly Bill 377 (Garcia) - Microenterprise Home Kitchen Operations The California Retail Food Code authorizes the governing body of a city, county, or city and county, by ordinance or resolution to permit microenterprise home kitchen operations if certain conditions are met. This Bill would modify the conditions for a city, county, or city and county City of Huntington Beach Page 2 of 3 Printed on 3/13/2019 powere4l4 Legistar-" _o C C ...I a) 0 •- 0_, 4-, (1.1 48-p '--r,2 a, r-> — c a., - n 2 c 0 C r o > 5 >„ li-, >. ..-, a. r.../1 C (../ a 0< _c (43 1.1 _NG (t/ (1.1 U -0 ro m '- .- — ro ro .1 cv 11) 0 u co = CI -r-o 0.3 (-) (-) ct. CD u-) I Lu LU cc 0 .0 (.9 I _I _u Z 0- C V) G < -.1 t.r) 4-n I- 0- 03 I = 0- * yj 1-1 rNi 4 1 by an effective means is not served or sold to any subsequent 2 consumer. 3 (8) Limitations on outdoor display and sale of foods,as specified 4 in Section 114069. 5 (9) Requirements to provide clean drinking cups and tableware 6 for second portions and beverage refills, as specified in Section 7 114075. 8 (10) Requirements pertaining to the characteristics and 9 certification of utensils and equipment, as specified in Sections 10 114130, 114130.1, and 114139, provided that utensils and 11 equipment are designed to retain their characteristic qualities under 12 normal use conditions. 13 (11) Requirements pertaining to the characteristics,construction, 14 and multiuse of food-contact and nonfood-contact surfaces, as 15 specified in Sections 114130.1, 114130.3,and 114130.4,provided 16 that food contact surfaces are smooth,easily cleanable,and in good 17 repair. 18 (12) Requirements pertaining to the characteristics,construction, 19 and disassembly of clean in place (CIP) equipment, as specified 20 in Section 114130.5. 21 (13) Limitations on the use of wood as a food contact surface 22 and in connection with other equipment, as specified in Section 23 114132. 24 (14) Any provision in this part relating to ventilation,including, 25 but not limited to, Article 2 (commencing with Section 114149) 26 of Chapter 6, provided that gases, odors, steam, heat, grease, 27 vapors, and smoke are able to escape from the kitchen. 28 (15) Requirements that cold or hot holding equipment used for 29 potentially hazardous food be equipped with integral or 30 permanently affixed temperature measuring device or product 31 mimicking sensors, as specified in subdivision (c) of Section 32 114157. 33 (16) Requirements pertaining to the installation of fixed, 34 floor-mounted, and table-mounted equipment, as specified in 35 Section 114169. 36 (17) Dedicated laundry facility requirements, as specified in 37 Section 114185.5, provided that linens used in connection with 38 the microenterprise home kitchen operation shall be laundered 39 separately from the household and other laundry. 432 38 (7) Display guard, cover, and container requirements, as 39 specified in Section 114060, provided that any food on display 40 that is not protected from the direct line of a consumer's mouth 431 ecreational 427 park admission charge, a vehicle entry 40 or parking fee, or an administrative or group use application or 425 require an unmanned aircraft operator to provide proof of federal, state or local registration to licensing or enforcement officials. ➢ OPPOSE UNLESS AMENDED - Assembly Bill 377 (Garcia) - Microenterprise Home Kitchen Operations The California Retail Food Code authorizes the governing body of a city, county, or city and county, by ordinance or resolution to permit microenterprise home kitchen operations if certain conditions are met. This Bill would modify the conditions for a city, county, or city and county City of Huntington Beach Page 2 of 3 Printed on 3/13/2019 powere4l4 Legistar-" _o C C ...I a) 0 •- 0_, 4-, (1.1 48-p '--r,2 a, r-> — c a., - n 2 c 0 C r o > 5 >„ li-, >. ..-, a. r.../1 C (../ a 0< _c (43 1.1 _NG (t/ (1.1 U -0 ro m '- .- — ro ro .1 cv 11) 0 u co = CI -r-o 0.3 (-) (-) ct. CD u-) I Lu LU cc 0 .0 (.9 I _I _u Z 0- C V) G < -.1 t.r) 4-n I- 0- 03 I = 0- * yj 1-1 rNi 5 1 (18) Requirements pertaining to water,plumbing,drainage,and 2 waste, as specified in Sections 114193, 114193.1, and 114245.7. 3 (19) Any requirement that a microenterprise home kitchen 4 operation have more than one toilet facility or that access to the 5 toilet facility not require passage through the food preparation, 6 food storage, or utensil washing areas, including, but not limited 7 to, the requirements specified in Sections 114250 and 114276. 8 (20) Light intensity, light source, and lightbulb requirements, 9 as specified in Sections 114252 and 114252.1,provided that food 10 preparation areas are well lighted by natural or artificial light 11 whenever food is being prepared. 12 (21) Requirements to provide and use lockers, storage facilities, 13 and designated dressing areas, and that food facility premises be 14 free of litter and items that are unnecessary to the operation, as 15 specified in Sections 114256.1 and 114257.1, provided that 16 personal effects and clothing not ordinarily found in a home kitchen 17 are placed or stored away from food preparation areas and dressing 18 takes place outside of the kitchen. 19 (22) Limitations on the presence and handling of animals, such 20 as domestic, service, or patrol animals, as specified in Sections 21 114259.4 and 114259.5, provided that all animals, other than 22 service animals, are kept outside of the kitchen and dining areas 23 during food service and preparation. 24 (23) Requirements pertaining to floor,wall,and ceiling surfaces, 25 as specified in Sections 114268, 114269, and 114271, provided 26 that the floor, wall, and ceiling surfaces of the kitchen, storage, 27 and toilet areas are smooth, of durable construction, and easily 28 cleanable with no limitations on the use of wood, tile, and other 29 nonfiber floor surfaces ordinarily used in residential settings. 30 (24) Any local evaluation or grading system for food facilities, 31 as authorized by Section 113709. 32 (25) All prohibitions and limitations on the use of a kitchen in 33 a private home as a food facility, including, but not limited to, 34 prohibitions and limitations specified in Section 114285,provided 35 that food is not prepared in designated sleeping quarters. Open 36 kitchens adjacent to living and sleeping areas, kitchens in 37 efficiency, studio, and loft-style residences, and kitchens without 38 doors at all points of ingress and egress may be used in 39 microenterprise home kitchen operations. 433 ative or group use application or 425 require an unmanned aircraft operator to provide proof of federal, state or local registration to licensing or enforcement officials. ➢ OPPOSE UNLESS AMENDED - Assembly Bill 377 (Garcia) - Microenterprise Home Kitchen Operations The California Retail Food Code authorizes the governing body of a city, county, or city and county, by ordinance or resolution to permit microenterprise home kitchen operations if certain conditions are met. This Bill would modify the conditions for a city, county, or city and county City of Huntington Beach Page 2 of 3 Printed on 3/13/2019 powere4l4 Legistar-" _o C C ...I a) 0 •- 0_, 4-, (1.1 48-p '--r,2 a, r-> — c a., - n 2 c 0 C r o > 5 >„ li-, >. ..-, a. r.../1 C (../ a 0< _c (43 1.1 _NG (t/ (1.1 U -0 ro m '- .- — ro ro .1 cv 11) 0 u co = CI -r-o 0.3 (-) (-) ct. CD u-) I Lu LU cc 0 .0 (.9 I _I _u Z 0- C V) G < -.1 t.r) 4-n I- 0- 03 I = 0- * yj 1-1 rNi 6 1 (26) Planning and permitting provisions of Sections 114380, 2 114381, and 114381.2. 3 (c) A microenterprise home kitchen operation may operate an 4 open-air barbecue or outdoor wood-burning oven,pursuant to the 5 requirements of Section 114143. 6 (d) The operator of a microenterprise home kitchen operation 7 shall successfully pass an approved and accredited food safety 8 certification examination, as specified in Section 113947.1. 9 (e) Any individual, other than the operator, who is involved in 10 the preparation, storage, or service of food in a microenterprise 11 home kitchen operation shall be subject to the food handler card 12 requirements specified in Section 113948. 13 SEC. 4. Section 114367.2 of the Health and Safety Code is 14 amended to read: 15 114367.2. (a) A microenterprise home kitchen operation shall 16 not be open for business unless it has obtained a permit issued 17 from the local enforcement agency. 18 (b) The department shall post on its Internet Wcb site internet 19 website the requirements for the permitting of a microenterprise 20 home kitchen operation,pursuant to this chapter and any ordinance, 21 resolution, or rules adopted by any city or city, county, or city and 22 county,that has authorized the permitting of microenterprise home 23 kitchen operations, which shall be written at a high school level. 24 (c) The applicant shall submit to the local enforcement agency 25 written standard operating procedures that include all of the 26 following information: 27 (1) All food types or products that will be handled. 28 (2) The proposed procedures and methods of food preparation 29 and handling. 30 (3) Procedures, methods, and schedules for cleaning utensils, 31 equipment, and for the disposal of refuse. 32 (4) How food will be maintained at the required holding 33 temperatures, as specified in Section 113996, pending pickup by 34 consumer or during delivery. 35 (5) Days and times that the home kitchen will potentially be 36 utilized as a microenterprise home kitchen operation. 37 (d) (1) The local enforcement agency shall issue a permit after 38 an initial inspection has determined that the proposed 39 microenterprise home kitchen operation and its method of operation 40 comply with the requirements of this chapter. 434 without 38 doors at all points of ingress and egress may be used in 39 microenterprise home kitchen operations. 433 ative or group use application or 425 require an unmanned aircraft operator to provide proof of federal, state or local registration to licensing or enforcement officials. ➢ OPPOSE UNLESS AMENDED - Assembly Bill 377 (Garcia) - Microenterprise Home Kitchen Operations The California Retail Food Code authorizes the governing body of a city, county, or city and county, by ordinance or resolution to permit microenterprise home kitchen operations if certain conditions are met. This Bill would modify the conditions for a city, county, or city and county City of Huntington Beach Page 2 of 3 Printed on 3/13/2019 powere4l4 Legistar-" _o C C ...I a) 0 •- 0_, 4-, (1.1 48-p '--r,2 a, r-> — c a., - n 2 c 0 C r o > 5 >„ li-, >. ..-, a. r.../1 C (../ a 0< _c (43 1.1 _NG (t/ (1.1 U -0 ro m '- .- — ro ro .1 cv 11) 0 u co = CI -r-o 0.3 (-) (-) ct. CD u-) I Lu LU cc 0 .0 (.9 I _I _u Z 0- C V) G < -.1 t.r) 4-n I- 0- 03 I = 0- * yj 1-1 rNi 7 1 (2) A local enforcement agency shall not require a 2 microenterprise home kitchen operation to comply with food safety 3 requirements that are different from, or in addition to, the 4 requirements of this chapter. 5 (e) For purposes of peitnitting, the permitted area includes the 6 home kitchen, onsite consumer eating area, food storage,utensils 7 and equipment, toilet room, janitorial or cleaning facilities, and 8 refuse storage area.Food operations shall not be conducted outside 9 of the permitted areas. 10 (f) A local enforcement agency may require a microenterprise 11 home kitchen operation to renew its permit annually. 12 (g) A permit, once issued, is nontransferable.A permit shall be 13 valid only for the person and location specified by that permit, 14 and, unless suspended or revoked for cause, for the time period 15 indicated. 16 (h) The permit, or an accurate copy thereof, shall be retained 17 by the operator onsite and displayed at all times the microenterprise 18 home kitchen operation is in operation. 19 (i) A local An enforcement agency may collect a fee for the 20 issuance of a peilnit pursuant to this chapter in an amount that 21 does not exceed the reasonable administrative costs by the local 22 enforcement agency in issuing the permit. 23 (j) Notwithstanding any other law, if there arc multiple local 24 agencies involved in the issuance of any type of permit, license, 25 or other authorization to a microenterprise home kitchen operation, 26 the governing body of the city or county, or city and county, shall 27 designate one lead local agency that shall be vested with the sole 28 authority to accept all applications for, to collect all fees for, and 29 to issue, any permit, license, or other authorization required for a 30 microenterprise home kitchen operation to operate in the city or 31 county, Or city and county.A local agency other than the lead local 32 agency shall not accept any applications for, collect any fees for, 33 nor issue, any permits for the same purpose. 34 SEC. 5. Section 114367.3 of the Health and Safety Code is 35 amended to read: 36 114367.3. (a) Notwithstanding any other law, after the initial 37 inspection for purposes of determining compliance with this 38 chapter, a micro enterprise home kitchen operation shall not be 39 subject to routine inspections, except that a representative of a 40 local enforcement agency may access,for inspection purposes,the 435 433 ative or group use application or 425 require an unmanned aircraft operator to provide proof of federal, state or local registration to licensing or enforcement officials. ➢ OPPOSE UNLESS AMENDED - Assembly Bill 377 (Garcia) - Microenterprise Home Kitchen Operations The California Retail Food Code authorizes the governing body of a city, county, or city and county, by ordinance or resolution to permit microenterprise home kitchen operations if certain conditions are met. This Bill would modify the conditions for a city, county, or city and county City of Huntington Beach Page 2 of 3 Printed on 3/13/2019 powere4l4 Legistar-" _o C C ...I a) 0 •- 0_, 4-, (1.1 48-p '--r,2 a, r-> — c a., - n 2 c 0 C r o > 5 >„ li-, >. ..-, a. r.../1 C (../ a 0< _c (43 1.1 _NG (t/ (1.1 U -0 ro m '- .- — ro ro .1 cv 11) 0 u co = CI -r-o 0.3 (-) (-) ct. CD u-) I Lu LU cc 0 .0 (.9 I _I _u Z 0- C V) G < -.1 t.r) 4-n I- 0- 03 I = 0- * yj 1-1 rNi 8 1 permitted area of a microcntcrprise home kitchen operation after 2 the occurrence of either of the following: 3 (1) The representative has provided the microenterprise home 4 kitchen operation with reasonable advance notice. 5 (2) The representative has a valid reason, such as a consumer 6 , 7 8 operation, or that the microenterprisc home kitchen operation has 9 otherwise been in violation of this part. 10 (r) 11 114367.3. (a) Notwithstanding any other law,a microenterprise 12 home kitchen operation shall not be subject to more than one 13 routine inspection each year by the local enforcement agency, 14 except in cases in which the local enforcement agency has valid 15 reason, such as a consumer complaint, to suspect that adulterated 16 or otherwise unsafe food has been produced or served by the 17 microenterprise home kitchen operation, operation or that the 18 microenterprise home kitchen operation has otherwise been in 19 violation of this part. 20 (e) The local enforcement agency shall document the reason 21 for the inspection, keep that documentation on file with the 22 microenterprise home kitchen operation's permit, and provide the 23 reason in writing to the operator of the microcntcrprisc home 24 kitchen operation. 25 (d) 26 (b) (1) Access provided under this section is limited to the 27 permitted area of the microenterprise home kitchen operation, 28 during the posted operating hours of the microenterprise home 29 kitchen operation, and solely for the purpose of enforcing or 30 administering this part. 31 (2) Notwithstanding paragraph (1), a local enforcement agency 32 may inspect a microenterprise home kitchen operation outside its 33 posted operating hours under the following conditions: 34 (A) The enforcement agency determines an urgent public health 35 and safety issue requires inspection outside the posted operating 36 hours. 37 (B) The microenterprise home kitchen operation is not open 38 during the regular business hours of the enforcement agency. 39 (c) 436 h and Safety Code is 35 amended to read: 36 114367.3. (a) Notwithstanding any other law, after the initial 37 inspection for purposes of determining compliance with this 38 chapter, a micro enterprise home kitchen operation shall not be 39 subject to routine inspections, except that a representative of a 40 local enforcement agency may access,for inspection purposes,the 435 433 ative or group use application or 425 require an unmanned aircraft operator to provide proof of federal, state or local registration to licensing or enforcement officials. ➢ OPPOSE UNLESS AMENDED - Assembly Bill 377 (Garcia) - Microenterprise Home Kitchen Operations The California Retail Food Code authorizes the governing body of a city, county, or city and county, by ordinance or resolution to permit microenterprise home kitchen operations if certain conditions are met. This Bill would modify the conditions for a city, county, or city and county City of Huntington Beach Page 2 of 3 Printed on 3/13/2019 powere4l4 Legistar-" _o C C ...I a) 0 •- 0_, 4-, (1.1 48-p '--r,2 a, r-> — c a., - n 2 c 0 C r o > 5 >„ li-, >. ..-, a. r.../1 C (../ a 0< _c (43 1.1 _NG (t/ (1.1 U -0 ro m '- .- — ro ro .1 cv 11) 0 u co = CI -r-o 0.3 (-) (-) ct. CD u-) I Lu LU cc 0 .0 (.9 I _I _u Z 0- C V) G < -.1 t.r) 4-n I- 0- 03 I = 0- * yj 1-1 rNi 9 1 (c) A local enforcement agency may seek recovery from a 2 microenterprise home kitchen operation of an amount that does 3 not exceed the local enforcement agency's reasonable costs of 4 inspecting the microenterprise home kitchen operation for 5 compliance with this part if the microenterprise home kitchen 6 operation is found to be in violation of this part. 7 SEC. 6. Section 114367.5 of the Health and Safety Code is 8 amended to read: 9 114367.5. ( A person delivering food on behalf of a 10 microenterprise home kitchen operation with a permit issued 11 pursuant to Section 114367.2 shall be an employee of the operation 12 or a family member or household member of the permitholdcr, 13 and,if the person drives a motor vehicle in the delivery of the food, 14 the person shall have a valid driver's license.permitholder 15 (b) The microenterprise home kitchen operation shall keep on 16 file a copy of the valid driver's license of a person delivering food 17 on behalf of the operation. 18 SEC. 7. Section 114367.6 of the Health and Safety Code is 19 amended to read: 20 114367.6. (a) An Internet internet food service intermediary 21 that lists or promotes a microenterprise home kitchen operation 22 on its Internet Web site internet website or mobile application shall 23 meet all of the following requirements: 24 (1) Be registered with the department. 25 (2) Prior to the listing or publication of a microenterprise home 26 kitchen operation's offer of food for sale,clearly and conspicuously 27 post on its Internet Web site internet website or mobile application 28 the requirements for the permitting of a microenterprise home 29 kitchen specified in this chapter,which shall be written at the high 30 school level and be provided by the department. 31 (3) Clearly and conspicuously post on its Internet Web site 32 internet website or mobile application the fees associated with 33 using its platform in a manner that allows both the consumer and 34 the microenterprise home kitchen operation to see and understand 35 the amount being charged for the services provided by the Internet 36 internet food service intermediary. The Internet internet food 37 service intermediary shall notify microenterprise home kitchen 38 operations of any changes to these fees exceeding a 2-percent 39 increase in writing and no later than one month before the changes 40 take effect. 437 or inspection purposes,the 435 433 ative or group use application or 425 require an unmanned aircraft operator to provide proof of federal, state or local registration to licensing or enforcement officials. ➢ OPPOSE UNLESS AMENDED - Assembly Bill 377 (Garcia) - Microenterprise Home Kitchen Operations The California Retail Food Code authorizes the governing body of a city, county, or city and county, by ordinance or resolution to permit microenterprise home kitchen operations if certain conditions are met. This Bill would modify the conditions for a city, county, or city and county City of Huntington Beach Page 2 of 3 Printed on 3/13/2019 powere4l4 Legistar-" _o C C ...I a) 0 •- 0_, 4-, (1.1 48-p '--r,2 a, r-> — c a., - n 2 c 0 C r o > 5 >„ li-, >. ..-, a. r.../1 C (../ a 0< _c (43 1.1 _NG (t/ (1.1 U -0 ro m '- .- — ro ro .1 cv 11) 0 u co = CI -r-o 0.3 (-) (-) ct. CD u-) I Lu LU cc 0 .0 (.9 I _I _u Z 0- C V) G < -.1 t.r) 4-n I- 0- 03 I = 0- * yj 1-1 rNi 10 1 (4) Clearly and conspicuously post on its Internet Web site 2 internet website or mobile application whether or not it has liability 3 insurance that would cover any incidence arising from the sale or 4 consumption of food listed or promoted on its Internet Web site 5 internet website or mobile application. 6 (5) Provide a dedicated field on its platform for a microenterprise 7 home kitchen operation to post the permit number, and shall 8 provide notice to the microenterprise home kitchen operation of 9 the requirement that the permit number be updated annually. 10 (6) Clearly and conspicuously post on its Internet Web site 11 internet website or mobile application how a consumer can contact 12 the Internet internet food service intermediary through its Internet 13 Web site internet website or mobile application if the consumer 14 has a food safety or hygiene complaint and a link to the 15 department's Internet Web site internet website that contains 16 information for how to file a complaint with thegseal enforcement 17 agency. 18 (7) Submit the name and permit number of a microenterprise 19 home kitchen operation to the local enforcement agency if it 20 receives, through its Internet Wcb site internet website or mobile 21 application, three or more unrelated individual food safety or 22 hygiene complaints in a calendar year from consumers that have 23 made a purchase through its Internet Web site internet website or 24 mobile application.The Internet internet food service intermediary 25 shall submit this information to the local enforcement agency 26 within two weeks of the third complaint received. 27 (8) If it is notified by the local enforcement agency of significant 28 food safety related complaints from a verified consumer that has 29 made a purchase through its Internet Wcb site internet website or 30 mobile application, submit to the local enforcement agency the 31 name and permit number of microenterprise home kitchen 32 operation where the food was purchased, and a list of consumers 33 who purchased food on the same day from that microenterprise 34 home kitchen operation through its Internet Wcb site internet 35 website or mobile application. 36 (9) Prior to the listing or publication of a microenterprise home 37 kitchen operation's offer of food for sale, obtain consent from the 38 microenterprise home kitchen operation to make the disclosures 39 to government entities required pursuant to this section. 438 5 433 ative or group use application or 425 require an unmanned aircraft operator to provide proof of federal, state or local registration to licensing or enforcement officials. ➢ OPPOSE UNLESS AMENDED - Assembly Bill 377 (Garcia) - Microenterprise Home Kitchen Operations The California Retail Food Code authorizes the governing body of a city, county, or city and county, by ordinance or resolution to permit microenterprise home kitchen operations if certain conditions are met. This Bill would modify the conditions for a city, county, or city and county City of Huntington Beach Page 2 of 3 Printed on 3/13/2019 powere4l4 Legistar-" _o C C ...I a) 0 •- 0_, 4-, (1.1 48-p '--r,2 a, r-> — c a., - n 2 c 0 C r o > 5 >„ li-, >. ..-, a. r.../1 C (../ a 0< _c (43 1.1 _NG (t/ (1.1 U -0 ro m '- .- — ro ro .1 cv 11) 0 u co = CI -r-o 0.3 (-) (-) ct. CD u-) I Lu LU cc 0 .0 (.9 I _I _u Z 0- C V) G < -.1 t.r) 4-n I- 0- 03 I = 0- * yj 1-1 rNi 11 1 (10) Shall not permit the use of the word "catering" or any 2 variation of that word in a listing or publication of a 3 microenterprise home kitchen operation's offer of food for sale. 4 (b) For purposes of this chapter, an "Internet "internet food 5 service intermediary"means an entity that provides a platform on 6 its Internet Wcb site internet website or mobile application through 7 which a microenterprise home kitchen operation may choose to 8 offer food for sale and from which the Internet internet food service 9 intermediary derives revenues, including, but not limited to, 10 revenues from advertising and fees for services offered to a 11 microenterprise home kitchen operation. Services offered by an 12 Internet internet food service intermediary to a microenterprise 13 home kitchen operation may include, but are not limited to, 14 allowing a microenterprise home kitchen operation to advertise 15 its food for sale and providing a means for potential consumers to 16 arrange payment for the food,whether the consumer pays directly 17 to the microenterprise home kitchen operation or to the Internet 18 internet food service intermediary. Merely publishing an 19 advertisement for the microenterprise home kitchen operation or 20 food cooked therein does not make the publisher an Internet 21 internet food service intermediary. 22 (c) (1) A microenterprise home kitchen operation that advertises 23 to the public, including, but not limited to, advertising by website, 24 internet, social media platform, newspaper, newsletter, or other 25 public announcement, shall include all of the following within the 26 advertisement: 27 (A) Name of the enforcement agency. 28 (B) Permit number. 29 (C) Statement that the food prepared is "Made in a Home 30 Kitchen" in a clear and conspicuous font and location within a 31 written advertisement and an audible and comprehensible manner 32 in a verbal advertisement. 33 (2) A microenterprise home kitchen operation shall not use the 34 word "catering"or any variation of that word in an advertisement 35 relating to the microenterprise home kitchen operation's offer of 36 food for sale. 37 SEC. 8. Section 114367.7 is added to the Health and Safety 38 Code, to read: 39 114367.7. (a) (1) On or before January 1, 2021,and annually 40 thereafter, an enforcement agency permitting and inspecting 439 s required pursuant to this section. 438 5 433 ative or group use application or 425 require an unmanned aircraft operator to provide proof of federal, state or local registration to licensing or enforcement officials. ➢ OPPOSE UNLESS AMENDED - Assembly Bill 377 (Garcia) - Microenterprise Home Kitchen Operations The California Retail Food Code authorizes the governing body of a city, county, or city and county, by ordinance or resolution to permit microenterprise home kitchen operations if certain conditions are met. This Bill would modify the conditions for a city, county, or city and county City of Huntington Beach Page 2 of 3 Printed on 3/13/2019 powere4l4 Legistar-" _o C C ...I a) 0 •- 0_, 4-, (1.1 48-p '--r,2 a, r-> — c a., - n 2 c 0 C r o > 5 >„ li-, >. ..-, a. r.../1 C (../ a 0< _c (43 1.1 _NG (t/ (1.1 U -0 ro m '- .- — ro ro .1 cv 11) 0 u co = CI -r-o 0.3 (-) (-) ct. CD u-) I Lu LU cc 0 .0 (.9 I _I _u Z 0- C V) G < -.1 t.r) 4-n I- 0- 03 I = 0- * yj 1-1 rNi 12 I microenterprise home kitchen operations in accordance with this 2 chapter shall report to the Legislature all of the following relating 3 to microenterprise home kitchen operations within its jurisdiction: 4 (A) Number of permits issued. 5 (B) Foods authorized to be prepared. 6 (C) Number and nature of violations of this chapter. 7 (2) Each report shall be submitted in compliance with Section 8 9795 of the Government Code. 9 (b) Within seven business days of submitting a report pursuant 10 to subdivision(a),an enforcement agency shall post a conspicuous 11 link on the homepage of its internet website to an electronic copy 12 of the report. 13 SEC. 9. No reimbursement is required by this act pursuant to 14 Section 6 of Article XIIIB of the California Constitution because 15 the only costs that may be incurred by a local agency or school 16 district will be incurred because this act creates a new crime or 17 infraction,eliminates a crime or infraction,or changes the penalty 18 for a crime or infraction, within the meaning of Section 17556 of 19 the Government Code, or changes the definition of a crime within 20 the meaning of Section 6 of Article XIII B of the California 21 Constitution. 22 SEC. 10. This act is an urgency statute necessary for the 23 immediate preservation of the public peace,health,or safety within 24 the meaning of Article IV of the California Constitution and shall 25 go into immediate effect. The facts constituting the necessity are: 26 To ensure a uniform implementation of the health and food safety 27 responsibilities of microenterprise home kitchen operations 28 throughout the state, it is necessary that this act take effect 29 immediately. 0 440 hat the food prepared is "Made in a Home 30 Kitchen" in a clear and conspicuous font and location within a 31 written advertisement and an audible and comprehensible manner 32 in a verbal advertisement. 33 (2) A microenterprise home kitchen operation shall not use the 34 word "catering"or any variation of that word in an advertisement 35 relating to the microenterprise home kitchen operation's offer of 36 food for sale. 37 SEC. 8. Section 114367.7 is added to the Health and Safety 38 Code, to read: 39 114367.7. (a) (1) On or before January 1, 2021,and annually 40 thereafter, an enforcement agency permitting and inspecting 439 s required pursuant to this section. 438 5 433 ative or group use application or 425 require an unmanned aircraft operator to provide proof of federal, state or local registration to licensing or enforcement officials. ➢ OPPOSE UNLESS AMENDED - Assembly Bill 377 (Garcia) - Microenterprise Home Kitchen Operations The California Retail Food Code authorizes the governing body of a city, county, or city and county, by ordinance or resolution to permit microenterprise home kitchen operations if certain conditions are met. This Bill would modify the conditions for a city, county, or city and county City of Huntington Beach Page 2 of 3 Printed on 3/13/2019 powere4l4 Legistar-" _o C C ...I a) 0 •- 0_, 4-, (1.1 48-p '--r,2 a, r-> — c a., - n 2 c 0 C r o > 5 >„ li-, >. ..-, a. r.../1 C (../ a 0< _c (43 1.1 _NG (t/ (1.1 U -0 ro m '- .- — ro ro .1 cv 11) 0 u co = CI -r-o 0.3 (-) (-) ct. CD u-) I Lu LU cc 0 .0 (.9 I _I _u Z 0- C V) G < -.1 t.r) 4-n I- 0- 03 I = 0- * yj 1-1 rNi MEDIA CONTACT o al as Chris Gilbride (213) 453-6537 cgilbride@semprautilities.com A Sempra Energy utility' FOR IMMEDIATE RELEASE SoCalGas Announces Vision to Be Cleanest Natural Gas Utility in North America Utility commits to delivering affordable and increasingly renewable energy to customers—Includes replacing 20 percent of traditional natural gas supply with renewable natural gas by 2030 Senate Bill 1383 requires 40 percent methane capture from California's waste streams--from sewage treatment, and landfills, and agriculture, and dairies. LOS ANGELES, March 6, 2019—Southern California Gas Co. (SoCalGas) today announced a bold plan to replace 20 percent of its traditional natural gas supply with renewable natural gas (RNG) by 2030.Today's announcement is part of SoCalGas'vision to be the cleanest natural gas utility in North America, delivering affordable and increasingly renewable energy to its customers.To kickstart the plan, SoCalGas will pursue regulatory authority to implement a broad renewable natural gas procurement program with a goal of replacing five percent of its natural gas supply with RNG by 2022. SoCalGas also recently filed a request with the California Public Utilities Commission (CPUC)to allow customers to purchase renewable natural gas for their homes. SoCalGas aims to have CPUC approval of its voluntary program by the end of the year. Renewable natural gas is a clean fuel produced from our waste streams (i.e., sewers and food waste, as well as dairy and agriculture waste) and can be used like traditional natural gas to heat homes and businesses,for cooking, and to fuel trucks and buses. RNG reduces GHG emissions because it can take more GHG emissions out of the air than it emits as an energy source. In 2016 Governor Brown signed legislation to reduce short- lived climate pollutants, including methane from organic sources.The law requires 40 percent of methane from sewage treatment plants, landfills and agriculture to be captured, with provisions for energy delivery to customers. SoCalGas' commitment to develop RNG is part of a broader, integrated vision for the future of clean energy that keeps energy affordable, expands consumer choice, and develops long-term and seasonal renewable energy storage using existing infrastructure. "Our vision is to become the cleanest natural gas utility in North America, delivering affordable and increasingly renewable energy to our customers," said Bret Lane,SoCalGas' chief executive officer. "Californians deserve clean, safe, and reliable energy that every family can afford.Today's announcement is an important step toward delivering a clean energy future that works for every family and business in our state." "We applaud SoCalGas' commitment to have 5 percent of their supplies be renewable natural gas by 2022. Our campuses currently rely on gas-fired power plants to keep the lights on," said David Phillips, associate vice president of energy and sustainability of the University of California's Office of the President. "Decarbonizing our gas supplies can be an effective strategy to lower our greenhouse gas emissions. Widely available renewable natural gas will bring us and the rest of California closer to carbon-neutrality." "What a great goal! California needs more renewable energy, and we need all the renewable natural gas we can put into the pipeline. We welcome SoCalGas' announcement and look forward to the day renewable 441 (t/ (1.1 U -0 ro m '- .- — ro ro .1 cv 11) 0 u co = CI -r-o 0.3 (-) (-) ct. CD u-) I Lu LU cc 0 .0 (.9 I _I _u Z 0- C V) G < -.1 t.r) 4-n I- 0- 03 I = 0- * yj 1-1 rNi natural gas is available to all customers,"said Joe Lyou, president and chief executive officer of the Coalition for Clean Air. "SoCalGas is taking a bold step in the fight against climate change," said Maria Salinas, president and chief executive officer of the Los Angeles Area Chamber of Commerce. "Businesses are often looking for ways to be both cost efficient and environmentally responsible. SoCalGas strikes the right balance with their vision for 2030, becoming the largest and cleanest natural gas utility in the country and helping Los Angeles continue to be a leader in environmental standards." "California has a population of 40 million people, converting the waste we produce into clean energy for use in our homes and businesses is necessary if we are going to achieve a carbon-neutral economy by 2045," said Dr. Matt Rahn of Cal State San Marcos, Environmental Leadership Institute. "Creating a balanced energy portfolio that includes renewable natural gas will help meet the state's climate goals." "Tulare County is in a vital position to produce renewable natural gas from one of our largest industries, dairy," said Paul Saldana, president and chief executive officer of the Tulare County EDC. "We are proud to be part of the solution to climate change in California." "SoCalGas continues to demonstrate great leadership with their goal to be the cleanest natural gas utility in the country," said Alicia Berhow, Senior Vice President of Government Affairs of OCBC. "Ensuring renewable natural gas is available to customers will help preserve consumer choice and provide affordable, and increasingly renewable energy to homes and businesses." SUFFICIENT RNG SUPPLIES TO ACCELERATE DEVELOPMENT With a commitment to replace 20 percent of its traditional natural gas supply with RNG, SoCalGas aims to accelerate the development of in-state renewable gas projects and achieve significant emissions reductions. Today more than 80 percent of methane emissions in California come from agriculture, dairies,wastewater treatment plants and other organic sources. A 2016 study by the University of California, Davis calculated that California has the potential to produce nearly 100 billion cubic feet (bcf) per year of renewable natural gas.This would be enough to meet the annual natural gas needs of around 2.3 million California homes. In addition, out-of-state sources of RNG are significant and growing.According to the U.S. Department of Energy,the U.S. currently produces 1 trillion cubic feet of renewable natural gas every year, and that number is expected to increase to 10 trillion by 2030. RNG IS ALREADY HELPING CALIFORNIA MEET ITS CLIMATE GOALS SoCalGas has been working to accelerate the further development of RNG projects in California. In 2018, renewable natural gas produced in the state began flowing into SoCalGas pipelines for the first time, from an anaerobic digester built and operated by waste hauling company CR&R. CR&R's facility produces renewable natural gas using organic waste collected in Southern California cities' green waste bins and already fuels 400 of their collection trucks. In January 2019, Calgren, a biofuel producer, began flowing renewable natural gas into the SoCalGas system from a dairy digester pipeline cluster.The facility will eventually collect biogas from anaerobic digesters at 12 Tulare County dairies, preventing about 130,000 tons of greenhouse gas from entering the atmosphere each year,the equivalent of taking more than 25,000 passenger cars off the road for a year. Today,there are some 24 California dairy methane capture projects either operating or in development, and experts estimate there could be as many as 120 projects funded and operating in the next five years. In addition, as the state seeks to divert organic waste from landfills and capture emissions from wastewater treatment plants, more locally produced renewable natural gas will become available. 442 For more information on RNG's visit https://www.socalgas.com/smart-energy/renewable-gas ### About SoCalGas Headquartered in Los Angeles, SoCalGas° is the largest natural gas distribution utility in the United States. SoCalGas delivers affordable, reliable, clean and increasingly renewable natural gas service to 21.8 million customers across 24,000 square miles of Central and Southern California,where more than 90 percent of residents use natural gas for heating, hot water, cooking, drying clothes or other uses. Natural gas delivered through the company's pipelines also plays a key role in providing electricity to Californians—about 60 percent of electric power generated in the state comes from gas-fired power plants. SoCalGas is committed to investing in its natural gas system infrastructure,while keeping bills affordable for our customers. From 2013 through 2017, the company spent nearly$6 billion to upgrade and modernize its natural gas system to enhance safety and reliability.The company is also committed to being a leader in the region's clean energy future, and is working to accelerate the use of renewable natural gas from dairy farms, landfills and wastewater treatment plants and the development of renewable energy storage technologies. SoCalGas is a subsidiary of Sempra Energy (NYSE: SRE), an energy services holding company based in San Diego. For more information visit socalgas.com/newsroom or connect with SoCalGas on Twitter (@SoCalGas), Instagram (@SoCalGas) and Facebook. This press release contains statements that are not historical fact and constitute forward-looking statements within the meaning of the Private Securities Litigation Reform Act of 1995. These statements can be identified by words such as "believes," "expects," "anticipates," "plans," "estimates," "projects," 'forecasts," "contemplates," "assumes," "depends," "should," "could," "would," "will," "confident;" "may,""can," "potential," "possible," "proposed," "target," "pursue," "outlook," "maintain,"or similar expressions or discussions of guidance, strategies, plans, goals, vision, opportunities, projections, initiatives, objectives or intentions. Forward-looking statements are not guarantees of performance. They involve risks, uncertainties and assumptions. Future results may differ materially from those expressed in the forward-looking statements. Factors, among others, that could cause our actual results and future actions to differ materially from those described in any forward-looking statements include risks and uncertainties relating to:actions and the timing of actions, including decisions, new regulations, and issuances of permits and other authorizations by the California Public Utilities Commission (CPUC), U.S. Department of Energy, California Department of Conservation's Division of Oil, Gas, and Geothermal Resources, Federal Energy Regulatory Commission, U.S. Environmental Protection Agency, Pipeline and Hazardous Materials Safety Administration, California Air Resources Board,South Coast Air Quality Management District, Los Angeles County Department of Public Health, states, cities and counties, and other regulatory and governmental bodies in the U.S.;the timing and success of business development efforts and construction projects, including risks in (i) timely obtaining or maintaining permits and other authorizations, (ii)completing construction projects on schedule and on budget, and(iii)counterparties being unable fulfill contractual commitments;the resolution of civil and criminal litigation and regulatory investigations;deviations from regulatory precedent or practice that result in a reallocation of benefits or burdens among shareholders and ratepayers;denial of approvals of proposed settlements or modifications of settlements;delays in, or disallowance or denial of, regulatory agency authorizations to recover costs in rates from customers or regulatory agency approval for projects required to enhance safety and reliability, any of which may raise our cost of capital and materially impair our ability to finance our operations;the availability of electric power and natural gas, and natural gas pipeline and storage capacity, including disruptions caused by failures in the transmission grid, moratoriums or limitations on the withdrawal or injection of natural gas from or into storage facilities, and equipment failures;changes in energy markets; volatility in commodity prices;moves to reduce or eliminate reliance on natural gas; weather conditions, natural disasters, accidents, equipment failures, computer system outages, explosions, terrorist attacks and other events that disrupt our operations, damage our facilities and systems, cause the release of greenhouse gases and harmful emissions, and subject us to third-party liability for property damage or personal injuries,fines and penalties, some of which may not be covered by insurance (including costs in e4ess of applicable policy limits), may be disputed by insurers or may otherwise not be recoverable through regulatory mechanisms or may impact our ability to obtain satisfactory levels of insurance, to the extent that such insurance is available or not prohibitively expensive;cybersecurity threats to the energy grid, storage and pipeline infrastructure, the information and systems used to operate our businesses and the confidentiality of our proprietary information and the personal information of our customers and employees;capital markets and economic conditions, including the availability of credit and the liquidity of our investments;and fluctuations in inflation and interest rates and our ability to effectively hedge the risk of such fluctuations; the impact of recent federal tax reform and uncertainty as to how it may be applied, and our ability to mitigate adverse impacts; actions by credit rating agencies to downgrade our credit ratings or to place those ratings on negative outlook and our ability to borrow at favorable interest rates;changes in foreign and domestic trade policies and laws, including border tariffs, and revisions to or replacement of international trade agreements, such as the North American Free Trade Agreement, that may increase our costs or impair our ability to resolve trade disputes; and other uncertainties, some of which may be difficult to predict and are beyond our control. These risks and uncertainties are further discussed in the reports that Sempra Energy has filed with the U.S. Securities and Exchange Commission (SEC). These reports are available through the EDGAR system free-of- charge on the SEC's website, www.sec.gov. Investors should not rely unduly on any forward-looking statements. These forward-looking statements speak only as of the date hereof, and the company undertakes no obligation to update or revise these forecasts or projections or other forward-looking statements, whether as a result of new information,future events or otherwise. Sempra South American Utilities, Sempra North American Infrastructure, Sempra LNG& Midstream,Sempra Renewables, Sempra Mexico, Sempra Texas Utility, Oncor Electric Delivery Company LLC(Oncor)and lnfraestructura Energetica Nova, S.A.B. de C.V. (lEnova) are not the same companies as the California utilities, San Diego Gas& Electric Company(SDG&E)or Southern California Gas Company(SoCalGas), and Sempra South American Utilities,Sempra North American Infrastructure, Sempra LNG& Midstream, Sempra Renewables, Sempra Mexico, Sempra Texas Utility, Oncor and lEnova are not regulated by the California Public Utilities Commission. 444 d issuances of permits and other authorizations by the California Public Utilities Commission (CPUC), U.S. Department of Energy, California Department of Conservation's Division of Oil, Gas, and Geothermal Resources, Federal Energy Regulatory Commission, U.S. Environmental Protection Agency, Pipeline and Hazardous Materials Safety Administration, California Air Resources Board,South Coast Air Quality Management District, Los Angeles County Department of Public Health, states, cities and counties, and other regulatory and governmental bodies in the U.S.;the timing and success of business development efforts and construction projects, including risks in (i) timely obtaining or maintaining permits and other authorizations, (ii)completing construction projects on schedule and on budget, and(iii)counterparties being unable fulfill contractual commitments;the resolution of civil and criminal litigation and regulatory investigations;deviations from regulatory precedent or practice that result in a reallocation of benefits or burdens among shareholders and ratepayers;denial of approvals of proposed settlements or modifications of settlements;delays in, or disallowance or denial of, regulatory agency authorizations to recover costs in rates from customers or regulatory agency approval for projects required to enhance safety and reliability, any of which may raise our cost of capital and materially impair our ability to finance our operations;the availability of electric power and natural gas, and natural gas pipeline and storage capacity, including disruptions caused by failures in the transmission grid, moratoriums or limitations on the withdrawal or injection of natural gas from or into storage facilities, and equipment failures;changes in energy markets; volatility in commodity prices;moves to reduce or eliminate reliance on natural gas; weather conditions, natural disasters, accidents, equipment failures, computer system outages, explosions, terrorist attacks and other events that disrupt our operations, damage our facilities and systems, cause the release of greenhouse gases and harmful emissions, and subject us to third-party liability for property damage or personal injuries,fines and penalties, some of which may not be covered by insurance (including costs in e4ess