HomeMy WebLinkAboutCity Council Position on Legislation Pending before Congress (27) Dept. ID AD-17-012 Page 1 of 4
Meeting Date:4/3/2017
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CITY OF HUNTINGTON BEACH
REQUEST FOR. CITY COUNCIL ACTION
MEETING DATE: 4/3/2017
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: City Council Position on Legislation Pending before Congress and the State
Legislature as Recommended by the City Council Intergovernmental Relations
Committee (IRC)
Statement of Issue:
On March 22, 2017, the Intergovernmental Relations Committee met to discuss Federal and State
legislation. At this meeting members recommended a support position for the highest level of
funding for Fiscal Year 2018 for the Transportation, Housing, and Urban Development (T-HUD) bill.
Additionally, the members voted to take a support position on AB 572, AB 346, AB 285; and an
oppose position on AB 199, AB 252, SB 57, SB 35, and SB 649 pending before the State
legislature. This action requests the City Council authorization for the Mayor to sign City position
letters on the aforementioned pending Federal and State legislation.
Financial Impact:
There is no fiscal impact.
Recommended Action:
A) Approve a City position of Support for the highest possible funding for FY 2018 for the
Transportation, Housing, and Urban Development (T-HUD) bill; and,
B) Approve a City position of Oppose on AB 199 (Chu) Public Works: Private Residential
Projects; and,
C) Approve a City position of Support on AB 572 (Quirk-Silva) Alcoholism or Drug Treatment
Facilities: Orange County pilot program; and,
D) Approve a City position of Support on AB 346 (Daly) Redevelopment: Housing Successor
Low Moderate Income Housing Asset Fund; and,
E) Approve a City position of Support on AB 285 (Melendez) Drug and Alcohol Free
Residences; and,
F) Approve a City position of Oppose on SB 649 (Hueso) Wireless Telecommunication
Facilities; and,
G) Approve a City position of Oppose on AB 252 (Ridley-Thomas) Local Government: Taxation
Prohibition Video Streaming Services; and,
H) Approve a City position of Oppose on SB 25 (Wiener) Planning and Zoning Affordable
Housing Streamlined Approval Process; and,
1) Approve a City position of Oppose of SB 57 (Stern) Natural Gas Storage Moratorium.
Alternative Action(s):
Do not approve the recommended actions and direct staff accordingly.
FIB B _- 1- Item 4. - I
Dept. I D AD-17-012 Page 2 of 4
Meeting Date:4/3/2017
Analysis:
On Wednesday, March 22, 2017, the Intergovernmental Relations Committee met to discuss
pending Federal and State legislation. The City's Federal Representative from Townsend Public
Affairs (TPA) provided the Committee with an update on the President's proposed budget. The
Committee also reviewed the 2017 State Legislative Matrix provided by the City's State Advocate,
TPA. The Committee members chose to take the following positions on pending legislation.
Support — Transportation, Housing, and Urban Development (T-HUD) Bill
Under the preliminary budget, both the Community Development Block Grant (CDBG) and
HOME Investment Partnerships programs would be eliminated. Additionally, funding for
transportation programs like TIGER are slated for reductions. State and local governments
and the communities they serve rely on the resources provided by the Housing and Urban
Development Department and the Department of Transportation. These infrastructure
needs — for transportation, community development, and accessible affordable housing —
exist in the City.
Support — AB 572 (Quirk-Silva) — Alcoholism or Drug Treatment Facilities Orange
County
This bill would require the State Department of Health Care Services to establish a pilot
program to locate an investigator within a participating county to investigate complaints
against licensed adult alcoholism or drug abuse recovery or treatment facilities within the
county. This bill would require the department to implement the pilot program by executing
a contract with the County of Orange providing that the department will assign an
investigator and the county will reimburse the department for the investigator's
compensation and benefits. The bill would require the pilot program to be completed no
later than December 31, 2019. Currently there is limited State staff to investigate
complaints and this would assist cities that have limited staffing and who have seen an
influx of these treatment facilities.
Support AB 346 (Daly) Redevelopment Housing Successor Low Moderate Income
Housing Asset Fund
Existing law authorizes the city, county, or city and county that created a former
redevelopment agency to elect to retain the housing assets and functions previously
performed by the former redevelopment agency. Existing law requires the housing
successor to maintain any funds transferred to it, together with any funds generated from
housing assets in a separate Low and Moderate Income Housing Asset Fund to be used in
accordance with applicable housing-related provisions of the Community Redevelopment
law. This bill would authorize a housing successor to use remaining funds in the Low and
Moderate Income Housing Asset Fund for homelessness services, transitional housing or
emergency housing services, as well as for the development of affordable housing.
Support—AB 285 (Melendez) Drug and Alcohol Free Residences
Existing law provides for the licensure and regulation of community care facilities by the
State Department of Social Services. This Department also provides for the licensure and
regulation of adult alcoholism and drug abuse recovery and treatment facilities for adults.
This bill would, define a "drug and alcohol free residence" as a residential property that is
operated as a cooperative living arrangement to provide an alcohol and drug free
environment for persons recovering from alcoholism or drug abuse, or both, who seek a
living environment that supports personal recovery. As written, this bill would authorize a
drug and alcohol free residence to demonstrate its commitment to providing a supportive
recovery environment by applying and becoming certified by an approved certifying
organization that is approved by the State Department of Health Care Services.
Item 4. - 2 HB _22-
Dept. ID AD-17-012 Page 3 of 4
Meeting Date:4/3/2017
Oppose —AB 199 (Chu) Public Works: Private Residential Projects
This bill would eliminate the long-standing residential exemption from prevailing wage rates
and thereby make private, market-rate residential development a public works project for
which prevailing wage would be paid.
Oppose — AB 252 (Ridley-Thomas) Local Government Taxation Prohibition Video
Streaming Services
Existing law authorizes counties, cities, and other local agencies to impose various taxes
and fees in connection with activity or property within those jurisdictions. This bill would
prohibit the imposition by a city, city and county, or county, including a chartered city, of a
tax on video streaming services, including but not limited to, any tax on the sale or use of
video streaming services (e.g. Netflix, Hulu, etc.). This bill would enact a technologically
biased tax policy that undermines local voters. AB 252 imposes a discriminatory tax that
disadvantages cable and vide providers. Tax policies should be technology neutral and
applied based on service provided, not the technology used.
Oppose — SB 57 (Stern) Natural Gas Storage Moratorium
This bill would extend the moratorium on natural gas injections at the Aliso Canyon storage
facility until the Root Cause Analysis of the leak that started in October 2015 has been
completed. It would also require the California Public Utilities Commission (CPUC) to
complete its analysis regarding the need for the Aliso Canyon storage facility by the end of
the year. Additionally, the extension of the moratorium would impact the region's energy
reliability. The CPUC has determined the existing production capacity at Aliso Canyon is
insufficient to meet estimated demand in the coming season.
Oppose — SB 35 (Wiener) Planning and Zoning Affordable Housing Streamlined
Approval Process
The Planning and Zoning Law requires a city or county to adopt a General Plan for land use
development within its boundaries that includes, among other things, a housing element.
This bill would require the planning agency to include it its annual report specified
information regarding units of housing, including rental housing and housing designated for
homeownership, that have completed construction. The bill would also require an
accessory dwelling unit development or a multifamily housing development that satisfies
specified planning objective standards to be subject to a streamlined, ministerial approval
process, as provided, and would not be subject to a conditional use permit. This bill would
limit the authority of a local government to impose parking standards or requirements on a
streamlined development approved pursuant to these provisions.
Oppose —SB 649 (Hueso) Wireless Telecommunication Facilities
Under existing law, a wireless telecommunications collation facility, as specified is subject to
a city or county discretionary permit and is required to comply with specified criteria, but a
collocation facility, which is the placement or installation of wireless facilities, including
antennas and related equipment, on or immediately adjacent to that wireless
telecommunications collocation facility, is a permitted use not subject to a city or county
discretionary permit. This bill would define the term "small cell" as a particular type of
telecommunications facility for these purposes which would take away the rights of the city
to issue discretionary permits.
The Intergovernmental Relations Committee, comprised of Mayor Delgleize and Council Member
Jill Hardy (Mayor Pro Temp Posey was absent), approved a support position on the T-HUD Bill, AB
572, AB 346, AB 285 and an oppose position on AB 199, AB 252, SB 35, SB 57, SB 649.
Environmental Status:
Not applicable.
HB -23- Item 4. - 3
Dept. ID AD-17-012 Page 4 of 4
Meeting Date:4/3/2017
Strategic Plan Goal:
Strengthen economic and financial sustainability
Enhance and maintain public safety
Enhance and maintain City service delivery
Improve quality of life
Attachment(s):
1. AB 572 (Quirk-Silva) —Alcoholism or Drug Treatment Facilities Orange County
2. AB 346 (Daly) Redevelopment Housing Successor Low Moderate Income Housing Asset
Fund
3. AB 285 (Melendez) Drug and Alcohol Free Residences
4. AB 199 (Chu) Public Works: Private Residential Projects
5. AB 252 (Ridley-Thomas) Local Government Taxation Prohibition Video Streaming
Services
6. SB 57 (Stern) Natural Gas Storage Moratorium
7. SB 35 (Wiener) Planning and Zoning Affordable Housing Streamlined Approval Process
8. SB 649 (Hueso) Wireless Telecommunication Facilities
Item 4. - 4 FIB -_24-
ATTACHMENT # 1
CALIFORNIA LEGISLATURE-2017-18 REGULAR SESSION
ASSEMBLY BILL No. 572
Introduced by Assembly Member Quirk-Silva
February 14, 2017
An act to add and repeal Section 1 1834.015 of the Health and Safety
Code, relating to alcoholism or drug abuse recovery or treatment
facilities.
LEGISLATIVE COUNSEL'S DIGEST
AB 572, as introduced, Quirk-Silva. Alcoholism or drug abuse
treatment facilities: Orange County pilot program.
Existing law provides that the State Department of Health Care
Services has the sole authority in state government to license adult
alcoholism or drug abuse recovery or treatment facilities, as defined.
Existing law authorizes the department to conduct announced or
unannounced site visits to licensed facilities to review compliance with
all applicable statutes and regulations.
This bill would require the State Department of Health Care Services
to establish a pilot program to locate an investigator within a
participating county to investigate complaints against licensed adult
alcoholism or drug abuse recovery or treatment facilities within the
county. The participating county would be the County of Orange if the
Orange County Board of Supervisors elects to participate in the pilot
program. The bill would require the department to implement the pilot
program by executing a contract with the County of Orange providing
that the department will assign an investigator and the county will
reimburse the department for the investigator's compensation and
benefits. The bill would require the pilot program to be completed no
later than December 31, 2019, and would require the county to submit
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HB -25- Item 4. - 5
AB 572 —2—
a report of the results of the pilot program, as specified, to the
Legislature no later than July 1, 2020. The provisions of this bill would
be repealed on January 1, 2021.
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. Section 11834.015 is added to the Health and
2 Safety Code, to read:
3 11834.015. (a) (1) The State Department of Health Care
4 Services shall establish a pilot program to locate a Substance Use
5 Disorder Compliance Division investigator within a participating
6 county to investigate licensed adult alcoholism or drug abuse
7 recovery or treatment facilities within that county.The participating
8 county shall be the County of Orange, if the Orange County Board
9 of Supervisors adopts an ordinance or resolution electing to
10 participate in the pilot program.
11 (2) The department shall implement the pilot program by
12 executing a contract with the County of Orange that provides for
13 all of the following:
14 (A) The department shall assign a Substance Use Disorder
15 Compliance Division investigator to investigate complaints against
16 licensed adult alcoholism or drug abuse recovery or treatment
17 facilities within the County of Orange.
18 (B) The County of Orange shall reimburse the department for
19 the investigator's compensation and benefits.
20 (C) The County of Orange shall provide office space and
21 amenities to the investigator.
22 (b) The pilot program established pursuant to subdivision (a)
23 shall be completed no later than December 31, 2019.
24 (c) If the County of Orange participates in the pilot program
25 authorized by subdivision (a), it shall, no later than July 1, 2020,
26 submit a report of the results of the pilot program to the Legislature,
27 in compliance with Section 9795 of the Government Code, that
28 includes both of the following:
29 (1) An evaluation of the effectiveness of the pilot program.
30 (2) Recommendations for subsequent actions.
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Item 4. - 6 HB -26-
—3— AB 572
1 (d) This section shall remain in effect only until January 1,2021,
2 and as of that date is repealed.
O
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1113 -27- Item 4. - 7
ATTACHMENT #2
CALIFORNIA LEGISLATURE-2017-18 REGULAR SESSION
ASSEMBLY BILL No. 346
Introduced by Assembly Members Daly and Brough
February 8, 2017
An act to amend Section 34176.1 of the Health and Safety Code,
relating to local government.
LEGISLATIVE COUNSEL'S DIGEST
AB 346, as introduced, Daly. Redevelopment: housing successor:
Low and Moderate Income Housing Asset Fund.
Existing law dissolved redevelopment agencies and community
development agencies as of February 1, 2012, and provides for the
designation of successor agencies to wind down the affairs of the
dissolved redevelopment agencies and to, among other things, make
payments due for enforceable obligations and to perform duties required
by any enforceable obligation.
Existing law authorizes the city,county,or city and county that created
a former redevelopment agency to elect to retain the housing assets and
functions previously performed by the former redevelopment agency.
Existing law requires the housing successor to maintain any funds
transferred to it,together with any funds generated from housing assets
in a separate Low and Moderate Income Housing Asset Fund to be used
in accordance with applicable housing-related provisions of the
Community Redevelopment Law, except as specified. Existing law
requires the housing successor to expend funds received from the
successor agency to meet its enforceable obligations, and for specified
administrative and monitoring costs relating to ensuring the long-term
affordability of units subject to affordability restrictions. The housing
successor may expend a specified amount per fiscal year for homeless
99
Item 4. - 8 KB -28-
AB 346 —2—
prevention and rapid rehousing services, and must use all funds
remaining thereafter for the development of affordable housing, as
specified.
This bill would authorize a housing successor to also use funds
remaining in the Low and Moderate Income Housing Asset Fund for
homelessness services, transitional housing, or emergency housing
services, as well as for the development of affordable housing.
This bill would also make nonsubstantive changes to that provision.
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. Section 34176.1 of the Health and Safety Code
2 is amended to read:
3 34176.1. Funds in the Low and Moderate Income Housing
4 Asset Fund described in subdivision (d) of Section 34176 shall be
5 subject to the provisions of the Community Redevelopment Law
6 (Part 1 (commencing with Section 33000))relating to the Low and
7 Moderate Income Housing Fund, except as follows:
8 (a) Subdivision (d) of Section 33334.3 and subdivision (a) of
9 Section 33334.4 shall not apply. Instead, funds received from the
10 successor agency for items listed on the Recognized Obligation
11 Payment Schedule shall be expended to meet the enforceable
12 obligations, and the housing successor shall expend all other funds
13 in the Low and Moderate Income Housing Asset Fund as follows:
14 (1) For the purpose of monitoring and preserving the long-term
15 affordability of units subject to affordability restrictions or
16 covenants entered into by the redevelopment agency or the housing
17 successor and for the purpose of administering the activities
18 described in paragraphs (2) and (3), a housing successor may
19 expend per fiscal year up to an amount equal to 5 percent of the
20 statutory value of real property owned by the housing successor
21 and of loans and grants receivable, including real property and
22 loans and grants transferred to the housing successor pursuant to
23 Section 34176 and real property purchased and loans and grants
24 made by the housing successor. If this amount is less than two
25 hundred thousand dollars (5200,000) for any given fiscal year,the
26 housing successor may expend up to two hundred thousand dollars
27 ($200,000) in that fiscal year for these purposes. The Department
99
H B -29- Itelm 4. - 9
-3— AB 346
1 of Housing and Community Development shall annually publish
2 on its Internet Web site an adjustment to this amount to reflect any
3 change in the Consumer Price Index for All Urban Consumers
4 published by the federal United States Department of Labor for
5 the preceding calendar year. For purposes of this paragraph,
6 "statutory value of real property" means the value of properties
7 formerly held by the former redevelopment agency as listed on
8 the housing asset transfer form approved by the department
9 pursuant to paragraph (2) of subdivision (a) of Section 34176,the
10 value of the properties transferred to the housing successor pursuant
l l to subdivision (0 of Section 34181, and the purchase price of
12 properties purchased by the housing successor.
13 (2) Notwithstanding Section 33334.2, if the housing successor
14 has fulfilled all obligations pursuant to Sections 33413 and 33418,
15 the housing successor may expend up to two hundred fifty thousand
16 dollars ($250,000) per fiscal year for homeless prevention and
17 rapid rehousing services for individuals and families who are
18 homeless or would be homeless but for this assistance, including
19 the provision of short-tern or medium-term rental assistance,
20 housing relocation and stabilization services including housing
21 search, mediation, or outreach to property owners, credit repair,
22 security or utility deposits, utility payments, rental assistance for
23 a final month at a location, moving cost assistance, and case
24 management, or other appropriate activities for homelessness
25 prevention and rapid rehousing of persons who have become
26 homeless.
27 (3) (A+-The housing successor shall expend all funds remaining
28 in the Low and Moderate Income Housing Asset Fund after the
29 expenditures allowed pursuant to paragraphs (1) and (2) forge
30 developmen the development of one of the following purposes
31 set out in subparagraph (A) or (B) below:
32 (A) Notwithstanding Section 33334.2, the development of
33 homelessness services, transitional housing, or emergency housing
34 services.
35 (B) (i) The development of housing affordable to and occupied
36 by households earning 80 percent or less of the area median
37 income,with at least 30 percent of these remaining funds expended
38 for the development of rental housing affordable to and occupied
39 by households earning 30 percent or less of the area median income
40 and no more than 20 percent of these remaining funds expended
99
Item 4. - 1.0 HB -30-
AB 346 —4-
1 for the development of housing affordable to and occupied by
2 households earning between 60 percent and 80 percent of the area
3 median income. A housing successor shall demonstrate in the
4 annual report described in subdivision(f), for 2019,and every five
5 years thereafter, that the housing successor's expenditures from
6 January 1, 2014, through the end of the latest fiscal year covered
7 in the report comply with the requirements of this subparagraph.
8 (-B)
9 (ii) If the housing successor fails to comply with the extremely
10 low income requirement in any five-year report, then the housing
1 1 successor shall ensure that at least 50 percent of these remaining
12 funds expended in each fiscal year following the latest fiscal year
13 following the report are expended for the development of rental
14 housing affordable to, and occupied by, households earning 30
15 percent or less of the area median income until the housing
16 successor demonstrates compliance with the extremely low income
17 requirement in an annual report described in subdivision (f).
18 (E)
19 (iii) If the housing successor exceeds the expenditure limit for
20 households earning between 60 percent and 80 percent of the area
21 median income in any five-year report,the housing successor shall
22 not expend any of the remaining funds for households earning
23 between 60 percent and 80 percent of the area median income until
24 the housing successor demonstrates compliance with this limit in
25 an annual report described in subdivision (f).
26
27 (C) For purposes of this subdivision,"development"means new
28 construction, acquisition and rehabilitation, substantial
29 rehabilitation as defined in Section 33413, the acquisition of
30 long-term affordability covenants on multifamily units as described
31 in Section 33413, or the preservation of an assisted housing
32 development that is eligible for prepayment or termination or for
33 which within the expiration of rental restrictions is scheduled to
34 occur within five years as those terms are defined in Section
35 65863.10 of the Government Code. Units described in this
36 subparagraph may be counted towards any outstanding obligations
37 pursuant to Section 33413, provided that the units meet the
38 requirements of that section and are counted as provided in that
39 section.
99
HB -31- Item 4. - 11.
-5— AB 346
1 (b) Subdivision(b) of Section 33334.4 shall not apply. Instead,
2 if the aggregate number of units of deed-restricted rental housing
3 restricted to seniors and assisted individually or jointly by the
4 housing successor, its former redevelopment agency, and its host
5 jurisdiction within the previous 10 years exceeds 50 percent of the
6 aggregate number of units of deed-restricted rental housing assisted
7 individually or jointly by the housing successor, its former
8 redevelopment agency, and its host jurisdiction within the same
9 time period, then the housing successor shall not expend these
10 funds to assist additional senior housing units until the housing
I successor or its host jurisdiction assists, and construction has
12 commenced, a number of units available to all persons,regardless
13 of age,that is equal to 50 percent of the aggregate number of units
14 of deed-restricted rental housing units assisted individually or
15 jointly by the housing successor,its former redevelopment agency,
16 and its host jurisdiction within the time period described above.
17 (c) (1) Program income a housing successor receives shall not
18 be associated with aproject area and,notwithstanding subdivision
19 (g) of Section 33334.2, may be expended anywhere within the
20 jurisdiction of the housing successor or transferred pursuant to
21 paragraph (2) without a finding of benefit to a project area. For
22 purposes of this paragraph, "program income" means the sources
23 described in paragraphs (3), (4), and (5) of subdivision (e) of
24 Section 34176 and interest earned on deposits in the account.
25 (2) Two or more housing successors within a county, within a
26 single metropolitan statistical area, within 15 miles of each other,
27 or that are in contiguous jurisdictions may enter into an agreement
28 to transfer funds among their respective Low and Moderate Income
29 Housing Asset Funds for the sole purpose of developing transit
30 priority projects as defined in subdivisions (a) and (b) of Section
31 21155 of the Public Resources Code,permanent supportive housing
32 as defined in paragraph(2)of subdivision(b)of Section 50675.14,
33 housing for agricultural employees as defined in subdivision (g)
34 of Section 50517.5, or special needs housing as defined in federal
35 or state law or regulation if all of the following conditions are met:
36 (A) Each participating housing successor has made a finding
37 based on substantial evidence, after a public hearing, that the
38 agreement to transfer funds will not cause or exacerbate racial,
39 ethnic, or economic segregation.
99
Item 4. - 12 HB -32-
AB 346 —6—
1 (B) The development to be funded shall not be located in a
2 census tract where more than 50 percent of its population is very
3 low income, unless the development is within one-half mile of a
4 major transit stop or high-quality transit corridor as defined in
5 paragraph (3) of subdivision (b) of Section 21155 of the Public
6 Resources Code.
7 (C) The completed development shall not result in a reduction
8 in the number of housing units or a reduction in the affordability
9 of housing units on the site where the development is to be built.
10 (D) A transferring housing successor shall not have any
11 outstanding obligations pursuant to Section 33413.
12 (E) No housing successor may transfer more than one million
13 dollars ($1,000,000)per fiscal year.
14 (F) The jurisdictions of the transferring and receiving housing
15 successors each have an adopted housing element that the
16 Department of Housing and Community Development has found
17 pursuant to Section 65585 of the Government Code to be in
18 substantial compliance with the requirements of Article 10.6
19 (commencing with Section 65580) of Chapter 3 of Division 1 of
20 Title 7 of the Government Code and have submitted to the
21 Department of Housing and Community Development the annual
22 progress report required by Section 65400 of the Government Code
23 within the preceding 12 months.
24 (G) Transferred funds shall only assist rental units affordable
25 to, and occupied by, households earning 60 percent or less of the
26 area median income.
27 (H) Transferred funds not encumbered within two years shall
28 be transferred to the Department of Housing and Community
29 Development for expenditure pursuant to the Multifamily Housing
30 Program or the Joe Serna,Jr.Farmworker Housing Grant Program.
31 (d) Sections 33334.10 and 33334.12 shall not apply. Instead, if
32 a housing successor has an excess surplus, the housing successor
33 shall encumber the excess surplus for the purposes described in
34 paragraph (3) of subdivision (a) or transfer the funds pursuant to
35 paragraph (2) of subdivision (c) within three fiscal years. If the
36 housing successor fails to comply with this subdivision,the housing
37 successor, within 90 days of the end of the third fiscal year, shall
38 transfer any excess surplus to the Department of Housing and
39 Community Development for expenditure pursuant to the
40 Multifamily Housing Program or the Joe Serna, Jr. Farmworker
99
HB -;;- Item 4. - 13
—7— AB 346
1 Housing Grant Program. For purposes of this subdivision,"excess
2 surplus" shall mean an unencumbered amount in the account that
3 exceeds the greater of one million dollars ($1,000,000) or the
4 aggregate amount deposited into the account during the housing
5 successor's preceding four fiscal years, whichever is greater.
6 (e) Section 33334.16 shall not apply to interests in real property
7 acquired on or after February 1, 2012. With respect to interests in
8 real property acquired by the former redevelopment agency ier
9 to before February 1, 2012, the time periods described in Section
10 33334.16 shall be deemed to have commenced on the date that the
11 department approved the property as a housing asset.
12 (f) Section 33080.1 of this code and Section 12463.3 of the
13 Government Code shall not apply. Instead, the housing successor
14 shall conduct, and shall provide to its governing body, an
15 independent financial audit of the Low and Moderate Income
16 Housing Asset Fund within six months after the end of each fiscal
17 year, which may be included in the independent financial audit of
18 the host jurisdiction. If the housing successor is a city or county,
19 it shall also include in its report pursuant to Section 65400 of the
20 Government Code and post on its Internet Web site all of the
21 following information for the previous fiscal year. If the housing
22 successor is not a city or county, it shall also provide to its
23 governing body and post on its Internet Web site all of the
24 following information for the previous fiscal year:
25 (1) The amount the city, county, or city and county received
26 pursuant to subparagraph (A) of paragraph (3) of subdivision (b)
27 of Section 34191.4.
28 (2) The amount deposited to the Low and Moderate Income
29 Housing Asset Fund, distinguishing between amounts deposited
30 pursuant to subparagraphs (B) and (C) of paragraph (3) of
31 subdivision (b) of Section 34191.4, amounts deposited for other
32 items listed on the Recognized Obligation Payment Schedule, and
33 other amounts deposited.
34 (3) A statement of the balance in the fund as of the close of the
35 fiscal year, distinguishing any amounts held for items listed on the
36 Recognized Obligation Payment Schedule from other amounts.
37 (4) A description of expenditures from the fund by category,
38 including, but not limited to, expenditures for
39 the following:
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Item 4. - 14 I[Q _3 4 _
_�4
AB 346 —8-
1 (A) Monitoring and preserving the long-teen affordability of
2 units subject to affordability restrictions or covenants entered into
3 by the redevelopment agency or the housing successor and
4 administering the activities described in paragraphs (2) and (3) of
5 subdivision (a).
6 (B) Homeless prevention and rapid rehousing services for the
7 development of housing described in paragraph(2) of subdivision
8 (a).
9 (C) The development of housing pursuant to paragraph (3) of
10 subdivision (a).
11 (5) As described in paragraph(1) of subdivision(a),the statutory
12 value of real property owned by the housing successor, the value
13 of loans and grants receivable, and the sum of these two amounts.
14 (6) A description of any transfers made pursuant to paragraph
15 (2) of subdivision (c) in the previous fiscal year and, if still
16 unencumbered,in earlier fiscal years and a description of and status
17 update on any project for which transferred funds have been or
18 will be expended if that project has not yet been placed in service.
19 (7) A description of any projector that the housing
20 successor receives or holds property tax revenue pursuant to the
21 Recognized Obligation Payment Schedule and the status of that
22 proj ect.
23 (8) For interests in real property acquired by the former
24 redevelopment agency prior to before February 1, 2012, a status
25 update on compliance with Section 33334.16. For interests in real
26 property acquired on or after February 1, 2012, a status update on
27 the project.
28 (9) A description of any outstanding obligations pursuant to
29 Section 33413 that remained to transfer to the housing successor
30 on February 1,2012, of the housing successor's progress in meeting
31 those obligations, and of the housing successor's plans to meet
32 unmet obligations. In addition,the housing successor shall include
33 in the report posted on its Internet Web site the implementation
34 plans of the foriner redevelopment agency.
35 (10) The information required by clause (ii) of subparagraph
36 (B) of paragraph (3) of subdivision (a).
37 (11) The percentage of units of deed-restricted rental housing
38 restricted to seniors and assisted individually or jointly by the
39 housing successor, its former redevelopment agency, and its host
40 jurisdiction within the previous 10 years in relation to the aggregate
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lea -35- Item 4. - 15
—9— AB 346
1 number of units of deed-restricted rental housing assisted
2 individually or jointly by the housing successor, its former
3 redevelopment agency, and its host jurisdiction within the same
4 time period.
5 (12) The amount of any excess surplus, the amount of time that
6 the successor agency has had excess surplus, and the housing
7 successor's plan for eliminating the excess surplus.
8 (13) An inventory of homeownership units assisted by the
9 former redevelopment agency or the housing successor that are
10 subject to covenants or restrictions or to an adopted program that
11 protects the fonner redevelopment agency's investment of moneys
12 from the Low and Moderate Income Housing Fund pursuant to
13 subdivision (0 of Section 33334.3. This inventory shall include
14 all of the following infonnation:
15 (A) The number of those units.
16 (B) In the first report pursuant to this subdivision, the number
17 of units lost to the portfolio after February 1, 2012, and the reason
18 or reasons for those losses. For all subsequent reports,the number
19 of the units lost to the portfolio in the last fiscal year and the reason
20 for those losses.
21 (C) Any funds returned to the housing successor as part of an
22 adopted program that protects the former redevelopment agency's
23 investment of moneys from the Low and Moderate Income Housing
24 Fund.
25 (D) Whether the housing successor has contracted with any
26 outside entity for the management of the units and, if so, the
27 identity of the entity.
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Item 4. - 16 HB -36-
ATTAC H M E N T #3
CALIFORNIA LEGISLATURE-2017-18 REGULAR SESSION
ASSEMBLY BILL No. 285
Introduced by Assembly Member Melendez
February 2, 2017
An act to add Section 1.1834.19 to the Health and Safety Code,
relating to residential facilities.
LEGISLATIVE COUNSEL'S DIGEST
AB 285, as introduced, Melendez. Drug and alcohol free residences.
Existing law provides for the licensure and regulation of community
care facilities by the State Department of Social Services. Existing law
also provides for the licensure and regulation by the State Department
of Health Care Services of adult alcoholism and drug abuse recovery
and treatment facilities for adults.
This bill would, among other things, define a"drug and alcohol free
residence" as a residential property that is operated as a cooperative
living arrangement to provide an alcohol and drug free environment
for persons recovering from alcoholism or drug abuse, or both, who
seek a living environment that supports personal recovery. The bill
would authorize a drug and alcohol free residence to demonstrate its
commitment to providing a supportive recovery environment by
applying and becoming certified by an approved certifying organization
that is approved by the State Department of Health Care Services. The
bill would provide that a residence housing persons who are committed
to recovering from drug or alcohol addiction is presumed to be a drug
and alcohol free residence if the residence has been certified by an
approved certifying organization. The bill would require an approved
certifying organization to, among other things, maintain an affiliation
with a national organization recognized by the department, establish
99
HB 7_ Item 4. - 17
AB 285 —2—
procedures to administer the application, certification, renewal, and
disciplinary processes for a drug and alcohol free residence, and
investigate and enforce violations by a residence of the organization's
code of conduct, as provided. The bill would specify the information
and documentation that an operator who seeks to have a residence
certified is required to submit to an approved certifying organization.
This bill would require an approved certifying organization to maintain
and post on its I.nternet Web site a registry containing specified
information of a residence that has been certified pursuant to these
provisions, and would require the department to maintain and post on
its Internet Web site a registry that contains specified information
regarding each residence and operator that has had its certification
revoked. The bill would deem the activities of a certified drug and
alcohol free residence a residential use of property under specified
circumstances.
This bill would require, on and after January 1, 2020, a state agency,
state-contracted vendor, county agency, or county-contracted vendor
that directs substance abuse treatment, or a judge or parole board that
sets terms and conditions for the release,parole, or discharge of a person
from custody, if it requires that person to reside in a sober living
environment,to only refer that person to a residence listed as a certified
drug and alcohol free residence on a registry posted by an approved
certifying organization.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
The people of the State of California do enact as follows:
I SECTION 1. The Legislature finds and declares all of the
2 following:
3 (a) (1) Substance use disorder is ranked in the top five clinically
4 preventable burdens on health care spending.
5 (2) The level of health care services used by addicts before
6 receiving treatment is more than double that of nonaddicts. It has
7 been shown that after 12 months of treatment of substance use
8 disorders, the levels of health care services used return to almost
9 average.
10 (3) There are an estimated 3.5 million persons with diagnosable
11 substance use disorders in California and a limited number of
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Item 4. - 18 KQ -38-
-3— AB 285
1 available drug and alcohol free residences to effectively treat
2 addiction in California.
3 (4) Substance use disorder can be treated in a cost-effective
4 manner in its earliest stages in a private practice environment.
5 (5) The federal Patient Protection and Affordable Care Act
6 (Public Law 111-148) mandates substance disorder treatment as
7 an essential benefit.
8 (6) The need for competent substance disorder treatment will
9 continue to rise throughout the next decade.
10 (b) Therefore, it is the intent of the Legislature, in enacting this
11 act,to establish specialty certifications for proper substance abuse
12 treatment so that all of the following may occur:
13 (1) Access to substance use treatment services can be expanded.
14 (2) Those seeking treatment for substance use disorders in
15 California will find a coordinated system of care in which "no
16 wrong door" is found in response to accessing this care.
17 (3) Professional services can be recognized for their valuable
18 contributions to the continuum of care in addiction treatment and
19 recovery.
20 SEC. 2. Section 11834.19 is added to the Health and Safety
21 Code, to read:
22 11834.19. (a) (1) For purposes of this section, "drug and
23 alcohol free residence"means a residential property that is operated
24 as a cooperative living arrangement to provide an alcohol and drug
25 free environment for persons recovering from alcoholism or drug
26 abuse, or both, who seek a living environment that supports
27 personal recovery.
28 (2) A drug and alcohol free residence may demonstrate its
29 commitment to providing a supportive recovery environment by
30 applying and becoming certified by an approved certifying
31 organization pursuant to subdivision (c).
32 (3) To use the designation "certified drug and alcohol free
33 residence" the cooperative living arrangement shall satisfy all of
34 the following requirements:
35 (A) Owners, managers, operators, and residents observe and
36 promote a zero tolerance policy regarding the consumption or
37 possession of alcohol or controlled substances or marijuana being
38 used in any manner not consistent with a documented prescription.
39 (,B) Residents actively participate in community or individual
40 programs of recovery from substance use disorder, including, but
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HB -39- Item 4. - 19
AB 285 —4-
1 not limited to, Alcoholics Anonymous or Narcotics Anonymous
2 programs.
3 (C) Within the drug and alcohol free residence, a resident who
4 has been referred to, and has access to, ongoing outpatient
5 treatment, aftercare, or other recovery maintenance services
6 commits to continue to use these services in accordance with a
7 clinically managed system of care, if one exists for the resident.
8 (4) A residence that houses persons who are committed to
9 recovering from drug and alcohol addiction shall be presumed to
10 be a drug and alcohol free residence if the residence has been
11 certified by an approved certifying organization.
12 (5) If a residence is certified pursuant to this section within 90
13 days of beginning its operations, the activities at that residence
14 shall be deemed a residential use of property and a use of property
15 by a single family,pursuant to Article 2(commencing with Section
16 11834.20).
17 (b) For purposes of this section,the following definitions apply:
18 (1) "Approved certifying organization" means an organization
19 approved by the department to certify a residence as a drug and
20 alcohol free residence pursuant to this section.
21 (2) "Approved national organization" means a national
22 organization, recognized by the department, the primary function
23 of which is to improve access to, and the quality of, drug and
24 alcohol recovery residences through standards,education,research,
25 and advocacy.
26 (3) "Recovery specialist training"means training in recognizing
27 addiction, dependence, abuse of alcohol or other drugs, and other
28 symptoms that relate to substance use, and supporting recovery to
29 address that addiction, dependence, or use.
30 (c) An approved certifying organization shall do all of the
31 following:
32 (1) Maintain an office in the state.
33 (2) Maintain nonprofit status in the state.
34 (3) Be an affiliate of, and continuously maintain affiliation with,
35 the national organization recognized by the department.
36 (4) Maintain the most current standards published by the
37 approved national organization.
38 (5) Document that the organization actively develops and confers
39 professional, residential, or organizational quality designations
40 according to applicable nationally recognized standards.
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Item 4. - 20 H B -40-
—5— AB 285
1 (6) Demonstrate that it has established drug and alcohol free
2 residence certification requirements.
3 (7) Demonstrate that it has procedures to administer the
4 application, certification, renewal, and disciplinary processes for
5 a drug and alcohol free residence.
6 (8) Inspect, at least annually, a drug and alcohol free residence
7 to ensure compliance with certification requirements.
8 (9) Submit to the department and the operator of a residence
9 that the organization certifies a written code of conduct for a drug
10 and alcohol free residence that incorporates national standards for
1 l legal and ethical conduct for recovery residences.
12 (10) Submit to the department and the operator of a drug and
13 alcohol free residence disciplinary guidelines that include sanctions
14 for first and subsequent violations of the organization's code of
15 conduct that allows the drug and alcohol free residence notice and
16 opportunity to correct a violation and requires the approved
17 certifying organization to revoke the certification of the residence
18 if the required corrective action is not completed within the
19 specified time period.
20 (11) Respond to and investigate suspected violations of the
21 organization's code of conduct.
22 (12) Require an operator who seeks to have a residence certified
23 to submit all of the following documents with the operator's
24 completed application and fee:
25 (A) Procedures and requirements for verifying that a resident
26 is not using alcohol or drugs in a manner not consistent with a
27 prescription or product labeling.
28 (B) A prohibition on the premises against alcohol,illegal drugs,
29 or the use of prescribed medications by an individual except as
30 prescribed by a physician and used in accordance with the
31 prescription.
32 (C) Policies to support a resident's recovery efforts.
33 (D) A good neighbor policy to address neighborhood concerns
34 and complaints.
35 (E) A policy for informing local government officials and
36 neighbors about the approved certification organization's complaint
37 procedures, the contact number of the operator of the residence,
38 and a contact number of a minimum of one resident assigned with
39 the responsibility of mitigating a complaint.
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1 B -41- Item 4. - 21
AB 285 —6—
1 (F) Rules for residents, copies of fonns provided to residents,
2 relapse policy, fee and refund policies, and eviction procedures
3 and policies.
4 (G) Proof that the owner or operator of the residence has
5 completed a minimum of 10 hours of alcohol and drug free
6 program management education accepted by the approved
7 certifying organization.
8 (H) Proof that at least one resident or an onsite staff member
9 has completed or will complete a minimum of 10 hours of recovery
10 specialist training accepted by the approved certifying organization.
11 At least one resident or onsite staff member shall complete a
12 minimum of 10 hours of this training each year.
13 (I) Proof that a minimum of one resident has received
14 certification approved by the approved certifying organization.
15 Certification shall include, at a minimum, all of the following
16 subjects: ethics, health and safety topics related to addiction
17 recovery and maintenance, and emergency planning procedures.
18 (13) Maintain and post on its Internet Web site a registry
19 containing the street address and the name and contact telephone
20 number of the operator of each residence that has been certified
21 as a drug and alcohol free residence pursuant to this section.
22 (14) (A) Review the registry posted on the department's Internet
23 Web site pursuant to subdivision (i) to determine whether the
24 residence that the operator has applied to have certified has had a
25 previous certification revoked or the operator submitting the
26 application for certification has operated a residence for which a
27 previous certification has been revoked.
28 (B) Deny an application for certification if the residence address
29 or operator name in the application is listed on the registry and
30 satisfies the conditions described in subparagraph (A), and send
31 the applicant a written notice of denial of certification.
32 (d) The department shall adopt application procedures and
33 standards of approval for an organization that seeks to be approved
34 by the department as an approved certifying organization.
35 (e) The department shall adopt application procedures and
36 standards of approval for an organization that seeks to be approved
37 by the department as an approved national organization.
38 (f) (1) The department may conduct periodic reviews of an
39 approved certifying organization to determine whether the
40 organization is in compliance with all applicable laws.
99
Item 4. - 22 HB _42_
—7— AB 285
1 (2) The department may revoke approval of an approved
2 certifying organization if the organization does any of the
3 following:
4 (A) Ceases to be affiliated with the approved national
5 organization.
6 (B) Fails to perform any of the duties imposed by subdivision
7 (c).
8 (C) Refuses to comply with sanctions imposed by the
9 department.
10 (D) Discontinues certifying drug and alcohol free residences.
l 1 (g) (1) The department may investigate complaints it receives
12 regarding a drug and alcohol free residence independently or in
13 conjunction with the approved certifying organization.
14 (2) The department may impose sanctions and commence
15 disciplinary actions, including revoking the certification of a
16 residence as a drug and alcohol free residence.
17 (h) A city, county, city and county, or local law enforcement
18 agency that suspects that a drug and alcohol residence is not
19 operating in compliance with the residence's code of conduct may
20 request the department to revoke the certification of that residence.
21 (i) The department shall maintain and post on its Internet Web
22 site a registry containing both of the following information:
23 (1) The street address of each residence that has had its
24 certification revoked.
25 (2) The name of each operator of a residence that has had its
26 certification revoked.
27 0) Notwithstanding any other law, on and after January 1,2020,
28 a state agency, state-contracted vendor, county agency, or
29 county-contracted vendor that directs substance abuse treatment,
30 or a judge or parole board that sets terms and conditions for the
31 release,parole, or discharge of a person from custody, if it requires
32 a person to reside in a sober living environment, shall only refer
33 that person to a residence listed as a certified drug and alcohol free
34 residence on a registry posted by an approved certifying
35 organization to guarantee proper rehabilitation in accordance with
36 the teens and conditions of the court's orders or terms of release
37 as applicable, pursuant to subdivision (a) of Section 1170 of the
38 Penal Code.
39 (k) Notwithstanding any other law,on and after January 1,2020,
40 a licensed or certified alcohol and drug treatment program shall
99
HB _43_ Item 4. - 23
AB 285 —8—
1 only refer its participants to a residence listed as a certified drug
2 and alcohol free residence on a registry posted by an approved
3 certifying organization.
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Item 4. - 24 HB -44-
ATTACHMENT #4
CALIFORNIA LEGISLATURE-2017-18 REGULAR SESSION
ASSEMBLY BILL No. 199
Introduced by Assembly Member Chu
January 23, 2017
An act to amend Section 1720 of the Labor Code, relating to public
works.
LEGISLATIVE COUNSEL'S DIGEST
AB 199, as introduced,Chu.Public works:private residential projects.
(1) Existing law requires private residential projects built on private
property that are built pursuant to an agreement with a state agency,
redevelopment agency, or local public housing authority to meet the
requirements for projects that are defined as "public works,"including,
among other requirements, the payment of prevailing wages. Existing
law defines the term "political subdivision" for the purposes of these
requirements to include any county, city, district, public housing
authority, public agency of the state, and assessment or improvement
districts. Existing law makes a willful violation of specific laws relating
to the payment of prevailing wages and the hours worked on public
works projects a misdemeanor.
This bill would instead require private residential projects built on
private property that are built pursuant to an agreement with the state
or a political subdivision to meet the requirements for projects that are
defined as "public works," thus expanding the types of projects that
must meet these requirements. By expanding the definition of a crime,
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.
99
HB -45- Item 4. - 25
AB 199 —2—
This bill would provide that no reimbursement is required by this act
for a specified reason.
Vote: majority. 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 1720 of the Labor Code is amended to
2 read:
3 1720. (a) As used in this chapter, "public works" means:
4 (1) Construction, alteration, demolition, installation, or repair
5 work done under contract and paid for in whole or in part out of
6 public funds, except work done directly by any public utility
7 company pursuant to order of the Public Utilities Commission or
8 other public authority. For purposes of this paragraph,
9 "construction" includes work performed during the design and
10 preconstruction phases of construction, including, but not limited
11 to,inspection and land surveying work, and work performed during
12 the postconstruction phases of construction, including, but not
13 limited to, all cleanup work at the jobsite. For purposes of this
14 paragraph, "installation" includes, but is not limited to, the
15 assembly and disassernbly of freestanding and affixed modular
16 office systems.
17 (2) Work done for irrigation, utility, reclamation, and
18 improvement districts, and other districts of this type. "Public
19 work" does not include the operation of the irrigation or drainage
20 system of any irrigation or reclamation district, except as used in
21 Section 1778 relating to retaining wages.
22 (3) Street, sewer, or other improvement work done under the
23 direction and supervision or by the authority of any officer or
24 public body of the state, or of any political subdivision or district
25 thereof,whether the political subdivision or district operates under
26 a freeholder's charter or not.
27 (4) The laying of carpet done under a building lease-maintenance
28 contract and paid for out of public funds.
29 (5) The laying of carpet in a public building done under contract
30 and paid for in whole or in part out of public funds.
31 (6) Public transportation demonstration projects authorized
32 pursuant to Section 143 of the Streets and Highways Code.
99
Item 4. - 26 HB -46-
-3— AB 199
1 (7) (A) Infrastructure project grants from the California
2 Advanced Services Fund pursuant to Section 281 of the Public
3 Utilities Code.
4 (B) For purposes of this paragraph, the Public Utilities
5 Commission is not the awarding body or the body awarding the
6 contract, as defined in Section 1722.
7 (b) For purposes of this section, "paid for in whole or in part
8 out of public funds" means all of the following:
9 (1) The payment of money or the equivalent of money by the
10 state or political subdivision directly to or on behalf of the public
1 I works contractor, subcontractor, or developer.
12 (2) Performance of construction work by the state or political
13 subdivision in execution of the project.
14 (3) Transfer by the state or political subdivision of an asset of
15 value for less than fair market price.
16 (4) Fees, costs,rents,insurance or bond premiums,loans,interest
17 rates, or other obligations that would normally be required in the
18 execution of the contract, that are paid, reduced, charged at less
19 than fair market value, waived, or forgiven by the state or political
20 subdivision.
21 (5) Money loaned by the state or political subdivision that is to
22 be repaid on a contingent basis.
23 (6) Credits that are applied by the state or political subdivision
24 against repayment obligations to the state or political subdivision.
25 (c) Notwithstanding subdivision (b):
26 (1) Private residential projects built on private property are not
27 subject to the requirements of this chapter unless the projects are
28 built pursuant to an agreement with a state ageney,redevelopmen
29 . the state or a political
30 subdivision.
31 (2) If the state or a political subdivision requires a private
32 developer to perform construction, alteration, demolition,
33 installation, or repair work on a public work of improvement as a
34 condition of regulatory approval of an otherwise private
35 development project, and the state or political subdivision
36 contributes no more money, or the equivalent of money, to the
37 overall project than is required to perform this public improvement
38 work,and the state or political subdivision maintains no proprietary
39 interest in the overall project, then only the public improvement
40 work shall thereby become subject to this chapter.
99
14B -47- Item 4. - 27
AB 199 —4-
1 (3) If the state or a political subdivision reimburses a private
2 developer for costs that would nonnally be borne by the public,
3 or provides directly or indirectly a public subsidy to a private
4 development project that is de minimis in the context of the project,
5 an otherwise private development project shall not thereby become
6 subject to the requirements of this chapter.
7 (4) The construction or rehabilitation of affordable housing units
8 for low- or moderate-income persons pursuant to paragraph(5) or
9 (7) of subdivision (e) of Section 33334.2 of the Health and Safety
10 Code that are paid for solely with moneys from the Low and
11 Moderate Income Housing Fund established pursuant to Section
12 33334.3 of the Health and Safety Code or that are paid for by a
13 combination of private funds and funds available pursuant to
14 Section 33334.2 or 33334.3 of the Health and Safety Code do not
15 constitute a project that is paid for in whole or in part out of public
16 funds.
17 (5) Unless otherwise required by a public funding program,the
18 construction or rehabilitation of privately owned residential projects
19 is not subject to the requirements of this chapter if one or more of
20 the following conditions are met:
21 (A) The project is a self-help housing project in which no fewer
22 than 500 hours of construction work associated with the homes
23 are to be performed by the home buyers.
24 (B) The project consists of rehabilitation or expansion work
25 associated with a facility operated on a not-for-profit basis as
26 temporary or transitional housing for homeless persons with a total
27 project cost of less than twenty-five thousand dollars ($25,000).
28 (C) Assistance is provided to a household as either mortgage
29 assistance, downpayment assistance, or for the rehabilitation of a
30 single-family home.
31 (D) The project consists of new construction, expansion, or
32 rehabilitation work associated with a facility developed by a
33 nonprofit organization to be operated on a not-for-profit basis to
34 provide emergency or transitional shelter and ancillary services
35 and assistance to homeless adults and children. The nonprofit
36 organization operating the project shall provide, at no profit, not
37 less than 50 percent of the total project cost from nonpublic
38 sources, excluding real property that is transferred or leased. Total
39 project cost includes the value of donated labor, materials, and
40 architectural and engineering services.
99
Item 4. - 28 HB -48-
—5— AB 199
1 (E) The public participation in the project that would otherwise
2 meet the criteria of subdivision (b) is public funding in the form
3 of below-market interest rate loans for a project in which
4 occupancy of at least 40 percent of the units is restricted for at
5 least 20 years, by deed or regulatory agreement, to individuals or
6 families earning no more than 80 percent of the area median
7 income.
8 (d) Notwithstanding any provision of this section to the contrary,
9 the following projects shall not, solely by reason of this section,
10 be subject to the requirements of this chapter:
11 (1) Qualified residential rental projects, as defined by Section
12 142(d) of the Internal Revenue Code, financed in whole or in part
13 through the issuance of bonds that receive allocation of a portion
14 of the state ceiling pursuant to Chapter 11.8 (commencing with
15 Section 8869.80)of Division 1 of Title 2 of the Government Code
16 on or before December 31, 2003.
17 (2) Single-family residential projects financed in whole or in
18 part through the issuance of qualified mortgage revenue bonds or
19 qualified veterans'mortgage bonds, as defined by Section 143 of
20 the Internal Revenue Code, or with mortgage credit certificates
21 under a Qualified Mortgage Credit Certificate Program,as defined
22 by Section 25 of the Internal Revenue Code, that receive allocation
23 of a portion of the state ceiling pursuant to Chapter 11.8
24 (commencing with Section 8869.80) of Division 1 of Title 2 of
25 the Government Code on or before December 31, 2003.
26 (3) Low-income housing projects that are allocated federal or
27 state low-income housing tax credits pursuant to Section 42 of the
28 Internal Revenue Code, Chapter 3.6 (commencing with Section
29 50199.4) of Part 1 of Division 31 of the Health and Safety Code,
30 or Section 12206, 17058, or 23610.5 of the Revenue and Taxation
31 Code, on or before December 31, 2003.
32 (e) Notwithstanding paragraph (1) of subdivision (a),
33 construction, alteration, demolition,installation, or repair work on
34 the electric transmission system located in California constitutes
35 a public works project for the purposes of this chapter.
36 (f) If a statute, other than this section, or a regulation,other than
37 a regulation adopted pursuant to this section, or an ordinance or a
38 contract applies this chapter to a project, the exclusions set forth
39 in subdivision (d) do not apply to that project.
99
HB -49- Item 4. - 29
AB 199 —6-
1 (g) For purposes of this section, references to the Internal
2 Revenue Code mean the Internal Revenue Code of 1986, as
3 amended, and include the corresponding predecessor sections of
4 the Internal Revenue Code of 1954, as amended.
5 (h) The amendments made to this section by either Chapter 938
6 of the Statutes of 2001 or the act adding this subdivision shall not
7 be construed to preempt local ordinances requiring the payment
8 of prevailing wages on housing projects.
9 SEC. 2. No reimbursement is required by this act pursuant to
10 Section 6 of Article XIIIB of the California Constitution because
11 the only costs that may be incurred by a local agency or school
12 district will be incurred because this act creates a new crime or
13 infraction, eliminates a crime or infraction, or changes the penalty
14 for a crime or infraction, within the meaning of Section 17556 of
15 the Government Code, or changes the definition of a crime within
16 the meaning of Section 6 of Article XIIIB of the California
17 Constitution.
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99
Item 4. - 30 HB _J0_
ATTACHMENT #5
AMENDED IN ASSEMBLY FEBRUARY 28, 2017
CALIFORNIA LEGISLATURE-2017-18 REGULAR SESSION
ASSEMBLY BILL No. 252
Introduced by Assembly Member Ridley-Thomas
(Coauthors:Assembly Members Baker, Bigelow, Mathis, Steinorth,
Waldron, Chavez, and Low)
(Coauthors: Senators Berryhill, Hill, and Brad(ord)
January 31, 2017
An act to add and repeal Section 7284.8 of the Revenue and Taxation
Code, relating to taxation.
LEGISLATIVE COUNSEL'S DIGEST
AB 252, as amended, Ridley-Thomas. Local government: taxation:
prohibition: video streaming services.
Existing law authorizes counties, cities, and other local agencies to
impose various taxes and fees in connection with activity or property
within those jurisdictions. The California Constitution also authorizes
a charter city to levy local taxes to raise revenues for local purposes,
subject to restrictions imposed by that city's charter or preemption in
matters of statewide concern.
This bill, until January 1, 2023, would prohibit the imposition by a
city, city and county, or county, including a chartered city, city and
county, or county, of a tax on video streaming services, including, but
not limited to, any tax on the sale or use of video streaming services or
any utility users tax on video streaming services.
This bill would make a legislative finding and declaration regarding
the statewide concern of the promotion of uniformity in access
throughout the state to video streaming services.
Revised 3-14-17—See last page. 98
Item 4. - 31
AB 252 —2—
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. Section 7284.8 is added to the Revenue and
2 Taxation Code, to read:
3 7284.8. (a) A city, city and county, or county, including a
4 chartered city, city and county, or county, shall not impose any
5 tax on video streaming services, including,but not limited to, any
6 tax on the sale or use of video streaming services or any utility
7 users tax on video streaming services.
8 (b) For purposes of this section,"video streaming service"means
9 the provision of-on-detrfand video content sent in compressed form
10 over the Internet and displayed by the viewer in real time for a fee
11 on a subscription basis.
12 (c) The Legislature finds and declares that the promotion of
13 uniformity in access throughout the state to video streaming
14 services is a matter of statewide concern and, therefore, is not a
15 municipal affair as that term is used in Section 5 of Article XI of
16 the California Constitution.
17 (d) This section shall become inoperative on January 1, 2023,
18 and shall be repealed as of that date.
19
20
21 REVISIONS:
22 Heading—Line 4.
23
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98
Item 4. - 32 HB _J2_
ATTACHMENT #6
AMENDED IN SENATE FEBRUARY 14, 2017
AMENDED IN SENATE FEBRUARY 2, 2017
SENATE BILL No. 57
Introduced bye Senators Stern and Hertzberg
(Coauthors: Senators liertzbetg,Allen, Wiener, and Wilk)
(Coauthor: Assembly Member Acosta)
December 8, 2016
An act to amend Section 3217 of the Public Resources Code, and to
amend Section 714 of the Public Utilities Code,relating to natural gas,
and declaring the urgency thereof, to take effect immediately.
LEGISLATIVE COUNSEL'S DIGEST
SB 57, as amended, Stern. Natural gas storage: moratorium.
(1) Under existing law, the Division of Oil, Gas, and Geothermal
Resources in the Department of Conservation regulates the drilling,
operation, maintenance, and abandonment of oil and gas wells in the
state. Existing law requires the State Oil and Gas Supervisor to continue
the prohibition against Southern California Gas Company injecting any
natural gas into the Aliso Canyon natural gas storage facility located
in the County of Los Angeles until a comprehensive review of the safety
of the gas storage wells at the facility is completed, as specified, the
supervisor determines that well integrity has been ensured by the review,
the risks of failures identified in the review have been addressed, the
supervisor's duty to prevent damage to life,health,property,and natural
resources,and other requirements is satisfied,and the Executive Director
of the Public Utilities Commission has concurred via letter with the
supervisor regarding his or her determination of safety.
This bill would additionally require the supervisor to continue that
prohibition until a specified root cause analysis of the natural gas leak
97
HB -53- Item 4. - 33
SB 57 —2—
from the facility that started approximately October 23, 2015,has been
completed and released in its entirety to the public.
(2) Under existing law,the Public Utilities Commission is authorized
to supervise and regulate every public utility in the state. Existing law
requires the commission,no later than July 1,2017,to open a proceeding
to determine the feasibility of minimizing or eliminating use of the
Aliso Canyon natural gas storage facility located in the County of Los
Angeles while still maintaining energy and electric reliability for the
region,and to consult with specified entities in making its determination.
This bill would require that proceeding to be completed by December
31, 2017.
(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: no.
The people of the State of California do enact as follows:
I SECTION 1. The Legislature finds and declares all of the
2 following.-
3 (a) Chapter 14 of the Statutes of 2016 was enacted to address
4 the significant natural gas leak at the Aliso Canyon natural gas
5 storage facility located in the County of Los Angeles that started
6 on approximately October 23, 2015, and was not sealed until
7 February 18, 2016.
8 (b) In order to protect public health and safety, Section 3217
9 of the Public Resources Code requires the State Oil and Gas
10 Supervisor to continue the prohibition against the injection of
11 natural gas into the Aliso Canyon natural gas storagefacility until
12 certain conditions are satisfied, as specified.
13 (c) The requirements of Section 3217 of the Public Resources
14 Code do not affect or impair the authority of the Governor, as
15 vested by the California Constitution and statutes, to declare an
16 emergency based on a sudden and severe energy shortage under
17 the California Emergency Services Act (Chapter 7 (commencing
18 with Section 8550) of Division 1 of Title 2 of the Government
19 Code).
20 SECTION 1.
21 SEC. 2. Section 3217 of the Public Resources Code is amended
22 to read:
97
Item 4. - 34 HB _54-
i
—3— SB 57
1 3217. (a) (1) The supervisor shall continue the prohibition
2 against Southern California Gas Company injecting any natural
3 gas into the Aliso Canyon natural gas storage facility located in
4 the County of Los Angeles until a comprehensive review of the
5 safety of the gas storage wells at the facility is completed and the
6 supervisor determines that well integrity has been ensured by the
7 review, the risks of failures identified in the review have been
8 addressed, the Safety and Enf-ofeement Divisiot of the Pttblie
9 third party root cause
10 his analysis, instigated at the direction of the Safety and
11 Enforcement Division of the Public Utilities Commission and the
12 supervisor, of the natural gas leak from the facility that started
13 approximately October 23,2015,has been completed and released
14 in its entirety to the public, and the supervisor's duty to prevent
15 damage to life, health, property, and natural resources, and other
16 requirements, as specified in Section 3106, is satisfied. The
17 supervisor may not lift the prohibition on injection until the
18 Executive Director of the Public Utilities Commission has
19 concurred via letter with the supervisor regarding his or her
20 determination of safety.
21 (2) For purposes of this section, "facility" means the Aliso
22 Canyon natural gas storage facility located in the County of Los
23 Angeles operated by Southern California Gas Company.
24 (b) (1) The criteria for the gas storage well comprehensive
25 safety review shall be determined by the supervisor with input
26 from contracted independent experts and shall include the steps
27 in subdivision (c).
28 (2) The supervisor shall direct the contracted independent
29 experts to provide a methodology to be used in assessing the tests
30 and inspections specified in the criteria. This requirement may be
31 satisfied by the independent experts reviewing and, if necessary,
32 revising the division's written methodology for assessing the tests
33 and inspections specified in the criteria. The methodology shall
34 include all tests and inspections required by the criteria. The
35 division shall post the methodology online on a public portion of
36 its Internet Web site.
37 (c) The gas storage well comprehensive safety review shall
38 include the following steps to ensure external and internal well
39 mechanical integrity:
97
HB -55- Item 4. - 35
SB 57 —4-
1 (1) All gas storage wells shall be tested and inspected from the
2 surface to the packer or to any wellbore restriction near the top of
3 the geologic formation being used for gas storage, whichever is
4 higher in elevation, to detect existing leaks using temperature and
5 noise logs.
6 (2) Any leaks shall be stopped and remediated to the satisfaction
7 of the supervisor.
8 (3) Following remediation, leak detection tests shall be repeated
9 and results reviewed by the supervisor.
10 (4) (A) Unless a well has been fully plugged and abandoned
11 to the supervisor's satisfaction and in accordance with Section
12 3208, the well shall be evaluated and remediated in accordance
13 with subparagraph(B)or plugged in accordance with subparagraph
14 (C).
15 (B) If a gas storage well is intended to return to service for the
16 purposes of resuming injections to the facility, it shall be tested
17 and inspected from the surface to the packer or to any wellbore
18 restriction near the top of the geologic fonnation being used for
19 gas storage,whichever is higher in elevation,to ensure mechanical
20 integrity. As identified in the division's criteria, these tests and
21 inspections shall include the measurement of casing thickness and
22 integrity, an evaluation of the cement bond on the casing, the
23 determination as to whether any deformities in the well casing
24 exist, and an evaluation of the well's ability to withstand pressures
25 that exceed maximum allowable injection and production pressures,
26 with a reasonable margin for safety, at the facility in accordance
27 with the criteria determined by the supervisor with input from
28 independent experts pursuant to subdivision (b). If the tests reveal
29 that a well poses a risk of failure, the supervisor shall require
30 remediation and repeat tests as necessary to demonstrate to the
31 satisfaction of the supervisor that remediation has mitigated any
32 potential identified risks.If the operator cannot remediate the well
33 to mitigate the identified risks to the satisfaction of the supervisor,
34 the well shall be plugged and abandoned in accordance with
35 Section 3208.
36 (C) (i) If a well is to be taken out of service before resumption
37 of gas injections at the facility, it shall be removed from operation
38 and isolated from the gas storage reservoir through plugging
39 according to the division's criteria, including, but not limited to,
40 the demonstration of sufficient cement to prevent migrations
97
Item 4. - 36 1113 -56-
-5— SB 57
1 between the reservoir and other zones,placement of a mechanical
2 plug at the bottom of the well, and subsequent filling of the well
3 with fluid, and to specifications approved by the supervisor. All
4 gas storage wells that are taken out of service under this
5 subparagraph shall be subjected to ongoing testing and monitoring
6 requirements identified in the criteria determined by the supervisor
7 with input from independent experts.The monitoring shall include,
8 but not be limited to, real-time and daily pressure monitoring, as
9 applicable. A gas storage well shall not be returned to service
10 unless the testing and remediation required under subparagraph
11 (B) has been completed.
12 (ii) A gas storage well, within one year of being plugged and
13 isolated from the gas storage reservoir pursuant to clause(i), shall
14 either be returned to service by satisfactorily completing the testing
15 and remediation required under subparagraph (B) or be
16 permanently plugged and abandoned to the supervisor's satisfaction
17 in accordance with Section 3208.
18 (D) The supervisor shall make a written finding for each gas
19 storage well that has satisfactorily completed the testing and
20 remediation required under subparagraph (B).
21 (5) The gas storage well comprehensive safety review is not
22 complete until every gas storage well at the facility has completed
23 the testing and remediation required under subparagraph (B) of
24 paragraph (4), been temporarily abandoned and isolated from the
25 reservoir as required under clause (i) of subparagraph (C) of
26 paragraph (4), or been fully plugged and abandoned to the
27 supervisor's satisfaction in accordance with Section 3208.
28 (d) Upon completion of the gas storage well comprehensive
29 safety review but before authorizing the commencement of
30 injections at the facility, the division shall hold at least one duly
31 noticed public meeting in the affected community to provide the
32 public an opportunity to comment on the safety review findings
33 and on the proposed pressure limit as provided in subdivision (e).
34 (e) (1) Before commencing injections at the facility,the operator
35 of the facility shall provide the division with the proposed
36 maximum reservoir pressure and include data and calculations
37 supporting the basis for the pressure limit. The pressure limit shall
3 8 account for the pressure required to inject intended gas volumes
39 at all proposed inventory levels and the pressure limit shall not
'40 exceed the design pressure limits of the reservoir,wells,wellheads,
97
H B -5 7- Item 4. - 37
SB 57 —6—
1 piping, or associated facilities with an appropriate margin for
2 safety.
3 (2) The operator's proposed maximum reservoir pressure shall
4 be subject to review and approval by the supervisor, and the
5 supervisor shall consult with independent experts regarding the
6 appropriate maximum and minimum reservoir pressure at the
7 facility.
8 (f) Once the gas storage well comprehensive safety review is
9 complete pursuant to paragraph (5) of subdivision (c), the
10 supervisor has approved the maximum and minimum reservoir
11 pressure pursuant to paragraph(2)of subdivision(e),and the public
12 hearing is held pursuant to subdivision (d), the supervisor may
13 allow injections of natural gas at the facility.
14 (g) All gas storage wells returning to service pursuant to
15 subdivision(f) shall only inject or produce gas through the interior
16 metal tubing and not through the annulus between the tubing and
17 the well casing. The operator shall also conduct ongoing pressure
18 monitoring and comply with any other requirements specified by
19 the supervisor.
20 (h) The gas storage wells at the facility that are plugged and
21 abandoned in accordance with Section 3208 pursuant to this section
22 shall be periodically inspected by the operator for leaks using
23 effective gas leak detection techniques such as optical gas imaging.
24 (i) (1) Before the completion of the gas storage well
25 comprehensive safety review, production of natural gas from gas
26 storage wells at the facility shall be limited to gas storage wells
27 that have satisfactorily completed the testing and remediation
28 required under subparagraph (B) of paragraph (4) of subdivision
29 (c) unless insufficient production capacity is available. Only if
30 production capacity supplied by the tested and remediated wells
31 is demonstrably insufficient may the supervisor allow other gas
32 storage wells to be used.
33 (2) The supervisor shall direct the operator of the facility to
34 provide a plan to ensure, at the earliest possible time, the
35 availability of sufficient gas production capacity using gas storage
36 wells that have satisfactorily completed the testing and remediation
37 required under subparagraph (B) of paragraph (4) of subdivision
38 (c).
39 0) With respect to the gas storage well comprehensive safety
40 review at the facility, all testing, inspection and monitoring results
97
Item 4. - 38 HB -58-
—7— SB 57
1 reported to the division, gas storage well compliance status, any
2 required remediation steps, and other safety review-related
3 materials shall be posted in a timely manner by the division online
4 on a public portion of its Internet Web site.
5 (k) This section shall remain in effect only until January 1,2021,
6 and as of that date is repealed, unless a later enacted statute, that
7 is enacted before January 1, 2021, deletes or extends that date.
8 S
9 SEC. 3. Section 714 of the Public Utilities Code is amended
10 to read:
11 714. (a) The commission, no later than July 1, 2017, shall open
12 a proceeding to determine the feasibility of minimizing or
13 eliminating use of the Aliso Canyon natural gas storage facility
14 located in the County of Los Angeles while still maintaining energy
15 and electric reliability for the region. This determination shall be
16 consistent with the Clean Energy and Pollution Reduction Act of
17 2015 (Ch. 547, Stats. 2015) and Executive Order B-30-2015. The
18 commission shall consult with the State Energy Resources
19 Conservation and Development Commission, the Independent
20 System Operator, the local publicly owned utilities that rely on
21 natural gas for electricity generation,the Division of Oil, Gas, and
22 Geothermal Resources in the Department of Conservation,affected
23 balancing authorities, and other relevant government entities, in
24 making its determination.
25 (b) The proceeding opened pursuant to subdivision (a) shall be
26 completed by December 31, 2017.
27 (c) This section shall remain in effect only until January 1,2021,
28 and as of that date is repealed, unless a later enacted statute, that
29 is enacted before January 1, 2021, deletes or extends that date.
30 SEC. 3
31 SEC. 4. This act is an urgency statute necessary for the
32 immediate preservation of the public peace,health,or safety within
33 the meaning of Article IV of the California Constitution and shall
34 go into immediate effect. The facts constituting the necessity are:
35 In order to mitigate, at the earliest possible time,harm from the
36 gas leak at the Aliso Canyon natural gas storage facility, and to
37 thoroughly evaluate the integrity of and the risks associated with
97
HB -59- Item 4. - 39
SB 57 —8-
1 gas storage wells at that facility, it is necessary that this act take
2 effect immediately.
O
I
97
Item 4. - 40 HB -60-
ATTACHMENT #7
AMENDED IN SENATE MARCH 21, 2017
AMENDED IN SENATE MARCH 9, 2017
AMENDED IN SENATE FEBRUARY 21, 2017
SENATE BILL No. 35
Introduced by Senator Wiener
(Principal coauthor:Senator Atkins)
(Coauthor: Senator Allen)
December 5, 2016
An act to amend Sections 65400 and 65582.1 of, and to add Section
65913.4 to, the Government Code,relating to housing.
LEGISLATIVE COUNSEL'S DIGEST
SB 35,as amended,Wiener.Planning and zoning: affordable housing:
streamlined approval process.
(1) The Planning and Zoning Law requires a city or county to adopt
a general plan for land use development within its boundaries that
includes, among other things, a housing element. The Planning and
Zoning Law requires a planning agency, after a legislative body has
adopted all or part of a general plan, to provide an annual report to the
legislative body, the Office of Planning and Research, and the
Department of Housing and Community Development on the status of
the general plan and progress in meeting the community's share of
regional housing needs.
This bill would require the planning agency to include in its annual
report specified information regarding units of-4oftsi-ng housing,
including rental housing and housing designated for homeownership,
that have completed construction. The bill would also require the
Department of Housing and Community Development to post an annual
96
1-1 B -6 t- Item 4. - 4
SB 35 —2—
report submitted pursuant to the requirement described above on its
Internet Web site, as provided.
(2) Existing law requires an attached housing development to be a
permitted use, not subject to a conditional use perinit, on any parcel
zoned for multifamily housing if at least certain percentages of the units
are available at affordable housing costs to very low income, lower
income, and moderate-income households for at least 30 years and if
the project meets specified conditions relating to location and being
subject to a discretionary decision other than a conditional use permit.
Existing law provides for various incentives intended to facilitate and
expedite the construction of affordable housing.
This bill would require an accessory dwelling unit development or a
multifamily housing development that satisfies specified planning
objective standards to be subject to a streamlined, ministerial approval
process, as provided, and to not be subject to a conditional use permit.
The bill would limit the authority of a local government to impose
parking standards or requirements on a streamlined development
approved pursuant to these provisions, as provided. The bill would
provide that if a local government approves a project pursuant to that
process,that approval will not expire if that project includes investment
in housing affordability, and would otherwise provide that the approval
of a project expire automatically after 3 years, unless that project
qualifies for a one-time, one-year extension of that approval.
(3) The bill would make findings that ensuring access to affordable
housing is a matter of statewide concern and declare that its provisions
would apply to all cities and counties, including a charter city, a charter
county, or a charter city and county.
(4) By imposing new duties upon local agencies with respect to the
streamlined approval process and reporting requirement described
above, this bill would impose a state-mandated local program.
(5) 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.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
96
Item 4. - 42 HB -62-
-3— SB 35
The people of the State of Caltfbrnia do enact as follows:
1 SECTION 1. Section 65400 of the Government Code is
2 amended to read:
3 65400. (a) After the legislative body has adopted all or part
4 of a general plan, the planning agency shall do both of the
5 following:
6 (1) Investigate and make recommendations to the legislative
7 body regarding reasonable and practical means for implementing
8 the general plan or element of the general plan, so that it will serve
9 as an effective guide for orderly growth and development,
10 preservation and conservation of open-space land and natural
1 l resources, and the efficient expenditure of public funds relating to
12 the subjects addressed in the general plan.
13 (2) Provide by April 1 of each year an annual report to the
14 legislative body, the Office of Planning and Research, and the
15 Department of Housing and Community Development that includes
16 all of the following:
17 (A) The status of the plan and progress in its implementation.
18 (B) The progress in meeting its share of regional housing needs
19 detennined pursuant to Section 65584 and local efforts to remove
20 governmental constraints to the maintenance, improvement, and
21 development of housing pursuant to paragraph (3) of subdivision
22 (c) of Section 65583.
23 The housing element portion of the annual report, as required
24 by this paragraph, shall be prepared through the use of forms and
25 definitions adopted by the Department of Housing and Community
26 Development pursuant to the rulemaking provisions of the
27 Administrative Procedure Act (Chapter 3.5 (commencing with
28 Section 11340) of Part 1 of Division 3 of Title 2). Before and after
29 adoption of the fonns, the housing element portion of the annual
30 report shall include a section that describes the actions taken by
31 the local government towards completion of the programs and
32 status of the local government's compliance with the deadlines in
33 its housing element. That report shall be considered at an annual
34 public meeting before the legislative body where members of the
35 public shall be allowed to provide oral testimony and written
36 comments.
37 The report may include the number of units that have been
38 substantially rehabilitated, converted from nonaffordable to
96
HB -63- Item 4. - 43
SB 35 —4-
1 affordable by acquisition, and preserved consistent with the
2 standards set forth in paragraph (2) of subdivision (c) of Section
3 65583.1. The report shall document how the units meet the
4 standards set forth in that subdivision.
5 (C) The degree to which its approved general plan complies
6 with the guidelines developed and adopted pursuant to Section
7 65040.2 and the date of the last revision to the general plan.
8 (D) The number of units off housing, including both
9 rental housing and housing designated for homeownership, that
10 have completed construction thus far in the housing element cycle,
1 1 and the income category, by area median income category, that
12 each unit off housing, including both rental housing and
13 housing designatedforhomeownership, satisfies. That report shall,
14 for each income category described in this subparagraph,
15 distinguish between the number of rental housing units that satisfy
16 each income category and the number of units that are housing
17 designated for homeownership that satisfy each income category.
18 (E) The Department of Housing and Community Development
19 shall post a report submitted pursuant to this paragraph on its
20 Internet Web site within a reasonable time of receiving the report.
21 (b) If a court finds, upon a motion to that effect, that a city,
22 county, or city and county failed to submit, within 60 days of the
23 deadline established in this section, the housing element portion
24 of the report required pursuant to subparagraph (B) of paragraph
25 (2) of subdivision (a) that substantially complies with the
26 requirements of this section, the court shall issue an order or
27 judgment compelling compliance with this section within 60 days.
28 If the city, county, or city and county fails to comply with the
29 court's order within 60 days, the plaintiff or petitioner may move
30 for sanctions, and the court may, upon that motion, grant
31 appropriate sanctions. The court shall retain jurisdiction to ensure
32 that its order or judgment is carried out. If the court determines
33 that its order or judgment is not carried out within 60 days, the
34 court may issue further orders as provided by law to ensure that
35 the purposes and policies of this section are fulfilled. This
36 subdivision applies to proceedings initiated on or after the first
37 day of October following the adoption of forms and definitions by
38 the Department of Housing and Community Development pursuant
39 to paragraph (2) of subdivision (a), but no sooner than six months
40 following that adoption.
96
Item 4. - 44 1-113 _64_
-5— SB 35
1 SEC. 2. Section 65582.1 of the Government Code is amended
2 to read:
3 65582.1. The Legislature finds and declares that it has provided
4 reforms and incentives to facilitate and expedite the construction
5 of affordable housing. Those reforms and incentives can be found
6 in the following provisions:
7 (a) Housing element law (Article 10.6 (commencing with
8 Section 65580) of Chapter 3).
9 (b) Extension of statute of limitations in actions challenging the
10 housing element and brought in support of affordable housing
11 (subdivision (d) of Section 65009).
12 (c) Restrictions on disapproval of housing developments
13 (Section 65589.5).
14 (d) Priority for affordable housing in the allocation of water and
15 sewer hookups (Section 65589.7).
16 (e) Least cost zoning law (Section 65913.1).
17 (f) Density bonus law (Section 65915).
18 (g) Accessory dwelling units(Sections 65852.150 and 65852.2).
19 (h) By-right housing, in which certain multifamily housing are
20 designated a permitted use (Section 65589.4).
21 (1) No-net-loss-in zoning density law limiting downzonings and
22 density reductions (Section 65863).
23 0) Requiring persons who sue to halt affordable housing to pay
24 attorney fees (Section 65914) or post a bond(Section 529.2 of the
25 Code of Civil Procedure).
26 (k) Reduced time for action on affordable housing applications
27 under the approval of development permits process (Article 5
28 (commencing with Section 65950) of Chapter 4.5).
29 (1) Limiting moratoriums on multifamily housing (Section
30 65858).
31 (m) Prohibiting discrimination against affordable housing
32 (Section 65008).
33 (n) California Fair Employment and Housing Act (Part 2.8
34 (commencing with Section 12900) of Division 3).
35 (o) Community redevelopment law (Part 1 (commencing with
36 Section 33000) of Division 24 of the Health and Safety Code, and
37 in particular Sections 33334.2 and 33413).
38 (p) Streamlining housing approvals during a housing shortage
39 (Section 65913.4).
96
leg -65- Item 4. - 45
SB 35 —6—
1 SEC. 3. Section 65913.4 is added to the Government Code, to
2 read:
3 65913.4. (a) A development shall be subject to the streamlined,
4 ministerial approval process provided by subdivision (b) and shall
5 not be subject to a conditional use pen-nit if it satisfies all of the
6 following objective planning standards:
7 (1) The development is an accessory dwelling unit development
8 or a multifamily housing development that contains two or more
9 residential units.
10 (2) The development is located on a site that satisfies both of
11 the following:
12 (A) Is an urban infill site as defined by Section 21061.3 of the
13 Public Resources Code.
14 (B) Is a site zoned for residential use or residential mixed use
15 development with at least two-thirds of the square footage
16 designated for residential use.
17 (3) If the development contains units that are subsidized, the
18 development applicant or development proponent already has
19 recorded,or is required by law to record, a land use restriction that
20 is:
21 (A) Fifty-five years for subsidized units that are rented.
22 (B) Forty-five years for subsidized units that are owned.
23 (4) The development satisfies both of the following:
24 (A) Is located in a locality that, according to its last production
25 report to the Department of Housing and Community Development,
26 completed construction of fewer units of housing by income
27 category than was required for the regional housing needs
28 assessment cycle for that reporting-period. period, or has not
29 submitted an annual housing element report to the Department of
30 Housing and Community Development pursuant to paragraph (2)
31 of subdivision (a) of Section 65400 for at least two consecutive
32 years before the development submitted an application for approval
33 under this section.
34 (B) The development is subject to a requirement mandating a
35 minimum percentage of below market rate housing based on either
36 of the following:
37 (1) The-leea s locality did not submit its latest production
38 report to the Department of Housing and Community Development
39 by the time period required by Section 65400, or that report reflects
40 that there were fewer units of above moderate-income housing
96
Item 4. - 46 HB 66_ _
I
-7— SB 35
1 constructed than was required for the regional housing needs
2 assessment cycle for that year, and the project seeking approval
3 dedicates a minimum of 10 percent of the total number of units to
4 housing affordable to households making below 80 percent of the
5 area median income, unless the locality has adopted a local
6 ordinance that requires that greater than 10 percent of the units be
7 dedicated to housing affordable to households making below 80
8 percent of the area median income, in which case that zoning
9 ordinance applies.
10 (ii) The loeality's locality did not submit its latest production
l l report to the Department ofHousing and Community Development
12 by the time period required by Section 65400, or that report reflects
13 that there were fewer units of housing affordable to households
14 making below 80 percent of the area median income constructed
15 than was required for the regional housing needs assessment cycle
16 for that year, and the project seeking approval dedicates the
17 majority of the total number of units to housing affordable to
18 households making below 80 percent of the area median income,
19 unless the locality has adopted a local ordinance that requires that
20 greater than the majority of the units be dedicated to housing
21 affordable to households making below 80 percent of the area
22 median income, in which case that ordinance applies.
23 (5) The development is consistent with objective zoning
24 `ate standards, including the Density Bonus Law in Section
25 65915, and objective design review standards in effect at the time
26 that the development is submitted to the local government pursuant
27 to this section. For purposes of this paragraph, "objective zoning
28 standards"and"objective design review standards"mean standards
29 that involve no personal or subjective judgment by a public official.
30 (6) The development is not located on a site that is any of the
3l following:
32 (A) A coastal zone, as defined in Division 20 (commencing
33 with Section 30000) of the Public Resources Code.
34 (B) Either prime farmland or farmland of statewide importance,
35 as defined pursuant to United States Department of Agriculture
36 land inventory and monitoring criteria, as modified for California,
37 and designated on the maps prepared by the Farmland Mapping
38 and Monitoring Program of the Department of G,.n sef, .ati
39 Conservation, or land zoned or designated for agricultural
96
H B -6 7- Item 4. - 47
SB 35
1 protection or preservation by a local ballot measure that was
2 approved by the voters of thatjurisdiction.
3 (C) Wetlands, as defined in Section 328.3 of Title 33 of the
4 Code of Federal Regulations.
5 (D) Within a very high fire hazard severity zone, as determined
6 by the Department of Forestry and Fire Protection pursuant to
7 Section 51178, or within a high or very high fire hazard severity
8 zone as indicated on maps adopted by the Department of Forestry
9 and Fire Protection pursuant to Section 4202 of the Public
10 Resources Code. This subparagraph does not apply to sites
l I excluded from the specified hazard zones by a local agency,
12 pursuant to subdivision (b) of Section 51179, or sites that have
13 adopted sufficient fire hazard mitigation measures as may be
14 detennined by their local agency with land use authority.
15 (E) A hazardous waste site that is listed pursuant to Section
16 65962.5 or a hazardous waste site designated by the Department
17 of Toxic Substances Control pursuant to Section 25356 of the
18 Health and Safety Code, unless the Department of Toxic
19 Substances Control has cleared the site for residential use or
20 residential mixed uses.
21 (F) Within a delineated earthquake fault zone as determined by
22 the State Geologist in any official maps published by the State
23 Geologist.
24 (G) Within a flood plain as determined by maps promulgated
25 by the Federal Emergency Management Agency, unless the
26 development has been issued a flood plain development permit
27 pursuant to Part 59 (commencing with Section 59.1) and Part 60
28 (commencing with Section 60.l) of Subchapter B of Chapter I of
29 Title 44 of the Code of Federal Regulations.
30 (H) Within a floodway as detennined by maps promulgated by
31 the Federal Emergency Management Agency, unless the
32 development has received a no rise certification in accordance
33 with paragraph (3) of subdivision (d) of Section 60.3 of Title 44
34 of the Code of Federal Regulations.
35 (7) The development does not require the demolition of either
36 of the following:
37 (A) Housing that is subject to rent control,housing that is subject
38 to deed restrictions, or any housing that has been occupied by
39 residents within the past 10 yeaf s.years by tenants.
96
Item 4. - 48 HB -68-
—9— SB 35
1 (B) A historic structure that was placed on a national, state, or
2 local historic . register:
3 (8) The development proponent has certified that either of the
4 following is true:
5 (A) The project is a public work for purposes of Chapter 1
6 (commencing with Section 1720) of Part 7 of Division 2 of the
7 Labor Code.
8 (B) If the project is not a public work, that all construction
9 workers employed in the execution of the project will be paid at
10 least the general prevailing rate of per diem wages for the type of
] 1 work and geographic area, as determined by the Director of
12 Industrial Relations pursuant to Sections 1773 and 1773.9 of the
13 Labor Code. If the development is subject to this subparagraph,
14 then all of the following shall apply:
15 (i) The development proponent shall ensure that the prevailing
16 wage requirement is included in all contracts for the performance
17 of the work.
18 (ii) Contractors and subcontractors shall pay to all construction
19 workers employed in the execution of the work at least the general
20 prevailing rate of per diem wages.
21 (Ili) Except as provided in clause (iv), the obligation of the
22 contractors and subcontractors to pay prevailing wages may be
23 enforced by the Labor Commissioner through the issuance of a
24 civil wage and penalty assessment pursuant to Section 1741 of the
25 Labor Code, which may be reviewed pursuant to Section 1742 of
26 the Labor Code, within 18 months after the completion of the
27 project, or by an underpaid worker through an administrative
28 complaint or civil action. If a civil wage and penalty assessment
29 is issued, the contractor, subcontractor, and surety on a bond or
30 bonds issued to secure the payment of wages covered by the
31 assessment shall be liable for liquidated damages pursuant to
32 Section 1742.1 of the Labor Code.
33 (iv) Clause (Ili) shall not apply if all contractors and
34 subcontractors performing work on the project are subject to a
35 project labor agreement that requires the payment of prevailing
36 wages to all construction workers employed in the execution of
37 the project and provides for enforcement of that obligation through
38 an arbitration procedure.For purposes of this clause,"project labor
39 agreement"has the same meaning as set forth in paragraph (1) of
40 subdivision (b) of Section 2500 of the Public Contract Code.
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SB 35 —to—
1 (v) Notwithstanding subdivision (c) of Section 1773.1 of the
2 Labor Code, the requirement that employer payments not reduce
3 the obligation to pay the hourly straight time or overtime wages
4 found to be prevailing shall not apply if otherwise provided in a
5 bona fide collective bargaining agreement covering the worker.
6 The requirements of paragraph (2) of subdivision (c) of Section
7 1773.1 of the Labor Code do not preclude use of an alternative
8 workweek schedule adopted pursuant to Section 511 or 514 of the
9 Labor Code.
10 (9) The development shall not be upon an existing parcel of
11 land or site that is governed under the Mobilehome Residency Law
12 (Chapter 2.5 (commencing with Section 798) of Title 2 of Part 2
13 of Division 2 of the Civil Code), the Recreational Vehicle Park
14 Occupancy Law (Chapter 2.6 (commencing with Section 799.20)
15 of Title 2 of Part 2 of Division 2 of the Civil Code), the Mobilehome
16 Parks Act(Part 2.1 (commencing with Section 18200) of Division
17 13 of the Health and Safety Code), or the Special Occupancy Parks
18 Act (Part 2.3 (commencing with Section 18860) ofDivision 13 of
19 the Health and Safety Code).
20 (b) (1) If a local government determines that a development
21 submitted pursuant to this section is in conflict with any of the
22 objective planning standards specified in subdivision (a), it shall
23 provide the development proponent written documentation of
24 which standard or standards the development conflicts with, and
25 an explanation for the reason or reasons the development conflicts
26 with that standard or standards, as follows:
27 (A) Within 60 days of submittal of the development to the local
28 government pursuant to this section if the development contains
29 150 or fewer housing units.
30 (B) Within 90 days of submittal of the development to the local
31 government pursuant to this section if the development contains
32 more than 150 housing units.
33 (2) If the local government fails to provide the required
34 documentation pursuant to paragraph (1), the development shall
35 be deemed to satisfy the objective planning standards specified in
36 subdivision (a).
37 (c) Any design review of the development may be conducted
38 by the local government's supervising body for design review,
39 including a planning department or city council, and shall be
40 completed as follows and shall not in any way inhibit, chill, or
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Item 4. - 50 HB -70-
-11— SB35
1 preclude the ministerial approval provided by this section or its
2 effect, as applicable:
3 (1) Within 90 days of submittal of the development to the local
4 government pursuant to this section if the development contains
5 150 or fewer housing units.
6 (2) Within 180 days of submittal of the development to the local
7 government pursuant to this section if the development contains
8 more than 150 housing units.
9
10
11
12 " has the same
13
14 Cow
15 (d) (1) Notwithstanding any other law, a local government,
16 whether or not it has adopted an ordinance governing parking
17 requirements in multifamily developments, shall not impose parking
18 standards for a streamlined development in any of the following
19 instances:
20 (A) The development is located within one-half mile of public
21 transit.
22 (B) The development is located within an architecturally and
23 historically significant historic district.
24 (C) When on-street parking permits are required but not offered
25 to the occupants of the development.
26 (D) When there is a car share vehicle located within one block
27 of the development.
28 (2) Parking requirements for streamlined developments shall
29 not exceed one parking space per unit. This paragraph shall not
30 apply to accessory dwelling units or developments described in
31 paragraph (1).
32 (3) A local government shall comply with the requirements of
33 Section 65852.2 when establishing parking requirements for a
34 streamlined development that is an accessory dwelling unit.
35 (e) (1) If a local government approves a development pursuant
36 to this section,that approval shall not expire if the project includes
37 public investment in housing affordability, beyond tax credits,
38 where the majority of the units are affordable to households making
39 below 80 percent of the area median income.
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H g -71- Item 4. - 51
SB 35 —12—
1 (2) If a local government approves a development pursuant to
2 this section and the project does not include a majority of the units
3 affordable to households making below 80 percent of the area
4 median income,that approval shall automatically expire after three
5 years except that a project may receive a one-time, one-year
6 extension if the project proponent can provide documentation that
7 there has been significant progress toward getting the development
8 construction ready.
9 (t) For purposes of this section,"locality"or"local government"
10 means a city, including a charter city, a county, or a city and
11 county, including a charter city and county.
12 (g) For purposes of this section, "production report" means the
13 inforination reported pursuant to subparagraph (D) of paragraph
14 (2) of subdivision (a) of Section 65400.
15 SEC.4. The Legislature finds and declares that ensuring access
16 to affordable housing is a matter of statewide concern, and not a
17 municipal affair. Therefore, the changes made by this act are
18 applicable to a charter city, a charter county, and a charter city and
19 county.
20 SEC. 5. Each provision of this measure is a material and
21 integral part of this measure, and the provisions of this measure
22 are not severable.If any provision of this measure or its application
23 is held invalid, this entire measure shall be null and void.
24 SEC. 6. No reimbursement is required by this act pursuant to
25 Section 6 of Article XIIIB of the California Constitution because
26 a local agency or school district has the authority to levy service
27 charges, fees, or assessments sufficient to pay for the prograin or
28 level of service mandated by this act,within the meaning of Section
29 17556 of the Government Code.
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Item 4. - 52 HB -72-
ATTAC H M E N T #8
SENATE BILL No. 649
Introduced by Senator Hueso
(Principal coauthor:Assembly Member Quirk)
(Coauthor: Senator Dodd)
February 17, 2017
An act to amend Sections 65850.6 and 65964 of the Government
Code, relating to telecommunications.
LEGISLATIVE COUNSEL'S DIGEST
SB 649, as introduced,Hueso. Wireless telecommunications facilities.
Under existing law,a wireless telecommunications collocation facility,
as specified, is subject to a city or county discretionary pen-nit and is
required to comply with specified criteria, but a collocation facility,
which is the placement or installation of wireless facilities, including
antennas and related equipment, on or immediately adjacent to that
wireless telecommunications collocation facility, is a permitted use not
subject to a city or county discretionary permit Existing law defines
various teens for these purposes.
This bill would define the term "small cell" as a particular type of
telecommunications facility for these purposes.
Under existing law, a city or county, as a condition of approval of an
application for a permit for construction or reconstruction of a
development project for a wireless telecommunications facility, may
not require an escrow deposit for removal of a wireless
telecommunications facility or any component thereof, unreasonably
limit the duration of any permit for a wireless telecommunications
facility, or require that all wireless telecommunications facilities be
limited to sites owned by particular parties within the jurisdiction of
the city or county, as specified.
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KB -73- Item 4. - 53
SB 649 —2—
This bill would apply these prohibitions to the approval of small cell
facilities as defined by this bill.
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,to ensure
2 that communities across the state have access to the most advanced
3 wireless communications technologies and the transformative
4 solutions that robust wireless connectivity enables, such as Smart
5 Communities and the Internet of Things, California should work
6 in coordination with federal, state, and local officials to create a
7 statewide framework for the deployment of advanced wireless
8 communications infrastructure in California that does all of the
9 following:
10 (a) Reaffirms local governments' historic role and authority
11 with respect to wireless communications infrastructure siting and
12 construction generally.
13 (b) Reaffinns that deployment of telecommunications facilities
14 in the rights-of-way is a matter of statewide concern, subject to a
15 statewide franchise, and that expeditious deployment of
16 telecommunications networks generally is a matter of both
17 statewide and national concern.
18 (c) Recognizes that the impact on local interests from individual
19 small wireless facilities will be sufficiently minor and that such
20 deployments should be a permitted use statewide and should not
21 be subject to discretionary zoning review.
22 (d) Requires expiring permits for these facilities to be renewed
23 so long as the site maintains compliance with use conditions
24 adopted at the time the site was originally approved.
25 (e) Requires providers to obtain all applicable building or
26 encroachment permits and comply with all related health, safety,
27 and objective aesthetic requirements for small wireless facility
28 deployments on a ministerial basis.
29 (f) Grants providers fair, reasonable, nondiscriminatory, and
30 nonexclusive access to locally owned utility poles, street lights,
31 and other suitable host infrastructure located within the public
32 right-of-way and in other local public places such as stadiums,
33 parks, campuses, hospitals, transit stations, and public buildings
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Item 4. - 54 HB -74-
—3— SB 649
1 consistent with all applicable health and safety requirements,
2 including Public Utilities Commission General Order 95.
3 (g) Provides for full recovery by local governments of the costs
4 of attaching small wireless facilities to utility poles, street lights,
5 and other suitable host infrastructure in a manner that is consistent
6 with existing federal and state laws governing utility pole
7 attachments generally.
8 (h) Pen-nits local governments to charge wireless pen-nit fees
9 that are fair, reasonable, nondiscrirninatory, and cost based.
10 (i) Advances technological and competitive neutrality while not
l l adding new requirements on competing providers that do not exist
12 today.
13 SEC. 2. Section 65850.6 of the Government Code is amended
14 to read:
15 65850.6. (a) A collocation facility shall be a permitted use not
16 subject to a city or county discretionary pen-nit if it satisfies the
17 following requirements:
18 (1) The collocation facility is consistent with requirements for
19 the wireless telecommunications collocation facility pursuant to
20 subdivision (b) on which the collocation facility is proposed.
21 (2) The wireless telecommunications collocation facility on
22 which the collocation facility is proposed was subject to a
23 discretionary permit by the city or county and an environmental
24 impact report was certified, or a negative declaration or mitigated
25 negative declaration was adopted for the wireless
26 telecommunications collocation facility in compliance with the
27 California Environmental Quality Act(Division 13 (commencing
28 with Section 21000) of the Public Resources Code), the
29 requirements of Section 21 166 do not apply, and the collocation
30 facility incorporates required mitigation measures specified in that
31 environmental impact report, negative declaration, or mitigated
32 negative declaration.
33 (b) A wireless telecommunications collocation facility, where
33 a subsequent collocation facility is a permitted use not subject to
35 a city or county discretionary permit pursuant to subdivision (a),
36 shall be subject to a city or county discretionary permit issued on
37 or after January 1,2007,and shall comply with all of the following:
38 (1) City or county requirements for a wireless
39 telecommunications collocation facility that specifies types of
40 wireless telecommunications facilities that are allowed to include
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HB -75- Item 4, - 55
SB 649 —4-
1 a collocation facility, or types of wireless telecommunications
2 facilities that are allowed to include certain types of collocation
3 facilities; height, location, bulk, and size of the wireless
4 telecommunications collocation facility;percentage of the wireless
5 telecommunications collocation facility that may be occupied by
6 collocation facilities; and aesthetic or design requirements for the
7 wireless telecommunications collocation facility.
8 (2) City or county requirements for a proposed collocation
9 facility, including any types of collocation facilities that may be
10 allowed on a wireless telecommunications collocation facility;
11 height, location, bulk, and size of allowed collocation facilities;
12 and aesthetic or design requirements for a collocation facility.
13 (3) State and local requirements, including the general plan,any
14 applicable community plan or specific plan,and zoning ordinance.
15 (4) The California Environmental Quality Act (Division 13
16 (commencing with Section 21000) of the Public Resources Code)
17 through certification of an environmental impact report,or adoption
18 of a negative declaration or mitigated negative declaration.
19 (c) The city or county shall hold at least one public hearing on
20 the discretionary pen-nit required pursuant to subdivision (b) and
21 notice shall be given pursuant to Section 65091, unless otherwise
22 required by this division.
23 (d) For purposes of this section,the following definitions apply:
24 (1) "Collocation facility" means the placement or installation
25 of wireless facilities, including antennas, and related equipment,
26 on, or immediately adjacent to, a wireless telecommunications
27 collocation facility.
28 (2) "Small cell" means a wireless telecommunications facility
29 within the volume limits established by the Federal
30 Communications Commission for small wireless antennas and
31 associated equipment in the First Amendment to Nationwide
32 Programmatic Agreement for the Collocation of Wireless Antennas
33 (47 C.F.R. Part I Appendix B).
34
35 (3) "Wireless telecommunications facility" means equipment
36 and network components such as towers,utility poles,transmitters,
37 base stations, and emergency power systems that are integral to
38 providing wireless telecommunications services.
39 (3)
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Item 4. - 56 EBB _76_
-5— SB 649
1 (4) "Wireless telecommunications collocation facility" means
2 a wireless telecommunications facility that includes collocation
3 facilities.
4 (e) The Legislature finds and declares that--a both small cell
5 and collocation};facilities, as defined in this section,+as
6 have a significant economic impact in California ands are not a
7 municipal affair as that term is used in Section 5 of Article XI of
8 the California Constitution,buts are a matter of statewide concern.
9 (f) With respect to the consideration of the environmental effects
10 of radio frequency emissions,the review by the city or county shall
11 be limited to that authorized by Section 332(c)(7) of Title 47 of
12 the United States Code, or as that section may be hereafter
13 amended.
14 SEC. 3. Section 65964 of the Government Code is amended
15 to read:
16 65964. Asa condition of approval of an application for a pennit
17 for construction or reconstruction for a development project for a
18 wireless telecommunications fteility, facility or small cell, as
19 defined in Section 65850.6, a city or county shall not do any of
20 the following:
21 (a) Require an escrow deposit for removal of a wireless
22 telecommunications facility or any component thereof. However,
23 a performance bond or other surety or another form of security
24 may be required, so long as the amount of the bond security is
25 rationally related to the cost of removal.In establishing the amount
26 of the security, the city or county shall take into consideration
27 information provided by the pen-nit applicant regarding the cost
28 of removal.
29 (b) Unreasonably limit the duration of any permit for a wireless
30 telecommunications facility. Limits of less than 10 years are
31 presumed to be unreasonable absent public safety reasons or
32 substantial land use reasons. However, cities and counties may
33 establish a build-out period for a site.
34 (c) Require that all wireless telecommunications facilities be
35 limited to sites owned by particular parties within the jurisdiction
36 of the city or county.
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1413 -77- Item 4. - 57