HomeMy WebLinkAboutIntergovernmental Relations Committee (IRC) recommendations ' .
Dept. ID AD-15-016 Page 1 of 3
Meeting Date:5/4/2015
CITY OF HUNTINGTON BEACH
REQUEST FOR. CITY COUNCIL ACTION
MEETING DATE: 5/4/2015
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Fred A. Wilson, City Manager
PREPARED BY: Teri Baker, Assistant to the City Manager
SUBJECT: Intergovernmental Relations Committee (IRC) recommendations for City Council
action: Support for AB 857 — Clean Truck, Bus, and Off Road Vehicle and
Equipment Technology Program; Opposition, unless amended, for SB 355 — San
Gabriel and Lower Los Angeles Rivers and Mountains Conservancy; Opposition
for SB 608 - Right to Rest Act; and authorize the Mayor to sign City position
letters accordingly
Statement of Issue:
At the April 21, 2015 Intergovernmental Relations Committee, the Committee recommended
positions on three bills as follows: Support for AB 857 — Clean Truck, Bus, and Off Road Vehicle
and Equipment Technology Program; opposition for SB 355 (unless amended) — San Gabriel and
Lower Los Angeles Rivers and Mountains Conservancy; and opposition for SB 608 - Right to Rest
Act. This actions request City Council action and authorization for the Mayor to sign City position
letters.
Financial Impact: None by this action.
Recommended Action:
A) Approve a City position of Support for AB 857— Clean Truck, Bus, and Off Road Vehicle and
Equipment Technology Program; and,
B) Approve a City position of Opposition for SB 355 (unless amended to maintain the existing
statutory number of voting Orange County members) — San Gabriel and Lower Los Angeles Rivers
and Mountains Conservancy; and,
C) Approve a City position of Opposition for SB 608 - Right to Rest Act; and,
D) Authorize the Mayor to sign City position letters on AB 857, SB 355, and SB608 as approved by
the City Council.
Alternative Action(s): Do not approve the recommended actions and direct staff accordingly.
Analysis:
At the April 21, 2015 Intergovernmental Relations Committee (IRC) Meeting, Ms. Cori Williams,
Associate for Townsend Public Affairs, presented a matrix of current legislation that may impact the
City of Huntington Beach. The matrix will be continually updated and various legislative items will
be brought forward to the City Council with a request to take certain positions during the legislative
process.
Item 5. - 1 HB -256-
Dept. ID AD-15-016 Page 2 of 3
Meeting Date: 5/4/2015
Three bills heard by IRC at the April 21st Meeting are being recommended for a city position as
follows:
1. Position of Support for AB 857 — Clean Truck, Bus, and Off Road Vehicle and
Equipment Technology Program: The California Global Warming Solutions Act of 2006
designates the State Air Resources Board as the state agency charged with monitoring
and regulating sources of emissions of greenhouse gases. The act authorizes the state
board to include the use of market-based compliance mechanisms. Existing law requires
all moneys, except for fines and penalties, collected by the state board from the auction
or sale of allowances as part of a market-based compliance mechanism to be deposited
in the Greenhouse Gas Reduction Fund and to be available upon appropriation by the
Legislature. This bill, between January 2, 2018, and January 1, 2023, inclusive, would
require no less than 50% or $100,000,000, whichever is greater, of the monies
appropriated for technology development, demonstration, pre-commercial pilots, and
early commercial deployments of zero- and near-zero-emission medium- and heavy-
duty truck technology be allocated to support the commercial deployment of existing
zero- and near-zero-emission heavy-duty truck technology that meets or exceeds a
specified emission standard. This bill contains other existing laws.
IRC is recommending a position of support as this bill does have a positive impact for
the City's medium and heavy fleet vehicles which would be eligible to receive funding for
required retrofits. The Southern California Gas Company has asked for the City's
support on this bill as well.
2. Position of Opposition (unless amended) for SB 355 — San Gabriel and Lower Los
Angeles Rivers and Mountains Conservancy: Existing law establishes the San Gabriel
and Lower Los Angeles Rivers and Mountains Conservancy, which is responsible for the
preservation and protection of specified lands within the San Gabriel and Lower Los
Angeles Rivers and Mountains area, as defined. Existing law prescribes the duties of the
conservancy, and requires that it be comprised of 13 voting members and 7 nonvoting
members, as specified. Existing law requires that the voting members include, among
other members, 2 members of the Orange County Division of the League of California
Cities, both of whom shall be a mayor or city council member of a city bordering the San
Gabriel River or tributary thereof. This bill would instead require that only one member of
the Orange County Division of the League of California Cities be a voting member, and
would require that a resident of a city, not otherwise represented on the board at the
time of the appointment and bordering the Lower Los Angeles River, be appointed by
the Governor, as prescribed, as a voting member. The bill would also increase the
number of nonvoting members to 9, and would require that one.Member of the Senate,
appointed by the Senate Committee on Rules, and one Member of the Assembly,
appointed by the Speaker of the Assembly, serve among those nonvoting members. The
bill would require that those legislators serving as nonvoting members represent a
district that is at least partially contained within the territory of the conservancy and
participate in activities of the conservancy only to the extent that participation is
compatible with his or her duties as a legislator.
KB -257- Item 5. - 2
Dept. ID AD-15-016 Page 3 of 3
Meeting Date: 5/4/2015
IRC is recommending a position of opposition unless the bill is amended to maintain
proportional representation on the RMC Board. This reduction would result in the drastic
underrepresentation of Orange County cities, and would limit the future of regional
collaboration on environmental and water quality issues. Ensuring broad representation
on the RMC is an effective strategy to developing the programs and procuring the funds,
through Proposition 1 or other vehicles, to achieve regional environmental objectives.
3. Position of Opposition for SB 608 (Liu) - Right to Rest Act: Existing law, the Unruh Civil
Rights Act, provides that all persons within the state are free and equal, regardless of
their sex, race, color, religion, ancestry, national origin, disability, medical condition,
genetic information, marital status, or sexual orientation, and are entitled to the full and
equal accommodations, advantages, facilities, privileges, or services in all business
establishments of every kind whatsoever. This bill would enact the Right to Rest Act,
which would afford persons experiencing homelessness the right to use public space
without discrimination based on their housing status. Because the bill would require local
agencies to perform additional duties, it would impose a state-mandated local program.
The bill would describe basic human and civil rights that may be exercised without being
subject to criminal or civil sanctions or harassment, including the right to use and to
move freely in public spaces, the right to rest in public spaces and to protect oneself
from the elements, the right to eat in any public space in which having food is not
prohibited, the right to perform religious observances in public spaces, and the right to
occupy a motor vehicle or a recreational vehicle legally parked or parked with the
permission of the property owner, as specified.
IRC is recommending a position of opposition based on the thought that the root causes
of homelessness and subsequent civic and social issues this problem presents need to
be handled at the local level, in turn ensuring that the particular problems of each
community are remedied. SB 608 does not allow for local authorities to take steps
toward alleviating homelessness.
Environmental Status:
NA
Strategic Plan Goal:
Improve quality of life
Attachment(s):
1. AB 857 — Clean Truck, Bus, and Off Road Vehicle and Equipment Technology Program
2. SB 355 — San Gabriel and Lower Los Angeles Rivers and Mountains Conservancy
3. SB 608 — Right to Rest Act.
Item 5. - 3 HB -2_58-
ATTACHMENT # 1
AMENDED IN ASSEMBLY APRIL 15, 2015
AMENDED IN ASSEMBLY MARCH 26, 2015
CALIFORNIA LEGISLATURE-2015-16 REGULAR SESSION
ASSEMBLY BILL No. 857
Introduced by Assembly Member Perea
February 26, 2015
An act to amend Section 39719.2 of the Health and Safety Code,
relating to greenhouse gases.
LEGISLATIVE COUNSEL'S DIGEST
AB 857, as amended, Perea. California Clean Truck, Bus, and
Off-Road Vehicle and Equipment Technology Program.
The California Global Warming Solutions Act of 2006 designates
the State Air Resources Board as the state agency charged with
monitoring and regulating sources of emissions of greenhouse gases.
The act authorizes the state board to include the use of market-based
compliance mechanisms. Existing law requires all moneys, except for
fines and penalties,collected by the state board from the auction or sale
of allowances as part of a market-based compliance mechanism to be
deposited in the Greenhouse Gas Reduction Fund and to be available
upon appropriation by the Legislature.
The California Clean Truck, Bus, and Off-Road Vehicle and
Equipment Technology Program, upon appropriation from the
Greenhouse Gas Reduction Fund, funds zero- and near-zero-emission
truck,bus,and off-road vehicle and equipment technologies and related
projects, as specified, with priority given to certain projects, including
projects that benefit disadvantaged communities. The program, until
January 1,2018,requires no less than 20%of the funding made available
97
HB -259- Item 5. - 4
AB 857 —2—
for the purposes of technology development, demonstration,
precommercial pilots, and early commercial deployments of zero- and
near-zero-emission medium- and heavy-duty truck technology support
early commercial deployment of existing zero-and near-zero-emission
heavy-duty truck technology.
This bill, between January 2, 2018, and January 1, 2023, inclusive,
would require no less than-84% 50% or $100,000,000, whichever is
greater, of the moneys appropriated for technology development,
demonstration,precommercial pilots,and early commercial deployments
of zero- and near-zero-emission medium- and heavy-duty truck
technology be allocated to support the commercial deployment of
existing zero-and near-zero-emission heavy-duty truck technology that
meets or exceeds a specified emission standard.
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 39719.2 of the Health and Safety Code
2 is amended to read:
3 39719.2. (a) The California Clean Truck, Bus, and Off-Road
4 Vehicle and Equipment Technology Program is hereby created,
5 to be administered by the state board in conjunction with the State
6 Energy Resources Conservation and Development Commission.
7 The program, from moneys appropriated from the fund for the
8 purposes of the program, shall fund development, demonstration,
9 precommercial pilot, and early commercial deployment of zero-
10 and near-zero-emission truck, bus, and off-road vehicle and
11 equipment technologies. Priority shall be given to projects
12 benefiting disadvantaged communities pursuant to the requirements
13 of Sections 39711 and 39713.
14 (b) Projects eligible for funding pursuant to this section include,
15 but are not limited to, the following:
16 (1) Technology development, demonstration, precommercial
17 pilots, and early commercial deployments of zero- and
18 near-zero-emission medium- and heavy-duty truck technology,
19 including projects that help to facilitate clean goods-movement
20 corridors.
21 (A) Until January 1, 2018, no less than 20 percent of funding
22 made available for the purposes of this paragraph shall support
97
Item 5. - 5 HB -260-
-3— AB 857
1 early commercial deployment of existing zero- and
2 near-zero-emission heavy-duty truck technology.
3 (B) Between January 2, 2018, and January 1, 2023, inclusive,
4 no less than—W 50 percent or one hundred million dollars
5 ($100,000,000),whichever is greater, of the moneys appropriated
6 for the purposes of this paragraph shall be allocated to support the
7 commercial deployment of existing zero- and near-zero-emission
8 heavy-duty truck technology that meets or exceeds an emission
9 standard of 0.02 grams per brake horsepower-hour oxides of
10 nitrogen, as described in the optional low oxides of nitrogen
I I emission standards in Section 1956.8 of Title 13 of the California
12 Code of Regulations.
13 (2) Zero-and near-zero-emission bus technology development,
14 demonstration, precommercial pilots, and early commercial
15 deployments, including pilots of multiple vehicles at one site or
16 region.
17 (3) Zero-and near-zero-emission off-road vehicle and equipment
18 technology development, demonstration, precommercial pilots,
19 and early commercial deployments, including vehicles and
20 equipment in the port, agricultural, marine, construction, and rail
21 sectors.
22 (4) Purchase incentives, which may include point-of-sale, for
23 commercially available zero- and near-zero-emission truck, bus,
24 and off-road vehicle and equipment technologies and fueling
25 infrastructure to support early market deployments of alternative
26 technologies and to increase manufacturer volumes and accelerate
27 market acceptance.
28 (5) Projects that support greater commercial motor vehicle and
29 equipment freight efficiency and greenhouse gas emissions
30 reductions, including, but not limited to, advanced intelligent
31 transportation systems, autonomous vehicles, and other freight
32 information and operations technologies.
33 (c) The state board, in consultation with the State Energy
34 Resources Conservation and Development Commission, shall
35 develop guidance through the existing Air Quality Improvement
36 Program funding plan process for the implementation of this
37 section that is consistent with the California Global Warming
38 Solutions Act of 2006 (Division 25.5 (commencing with Section
39 38500)) and this chapter.
97
xB -261- Item 5. - 6
AB 857 —4-
1 (d) The guidance developed pursuant to subdivision (c) shall
2 do all of the following:
3 (1) Outline performance criteria and metrics for deployment
4 incentives. The goal shall be to design a simple and predictable
5 structure that provides incentives for truck, bus, and off-road
6 vehicle and equipment technologies that provide significant
7 greenhouse gas reduction and air quality benefits.
8 (2) Ensure that program investments are coordinated with
9 funding programs developed pursuant to the California Alternative
10 and Renewable Fuel,Vehicle Technology, Clean Air, and Carbon
11 Reduction Act of 2007 (Chapter 8.9 (commencing with Section
12 44270) of Part 5).
13 (3) Promote projects that assist the state in reaching its climate
14 goals beyond 2020, consistent with Sections 38550 and 38551.
15 (4) Promote investments in medium- and heavy-duty trucking,
16 including, but not limited to, vocational trucks, short-haul and
17 long-haul trucks, buses, and off-road vehicles and equipment,
18 including, but not limited to, port equipment, agricultural
19 equipment, marine equipment, and rail equipment.
20 (5) Implement purchase incentives for eligible technologies to
21 increase the use of the cleanest vehicles in disadvantaged
22 communities.
23 (6) Allow for remanufactured and retrofitted vehicles to qualify
24 for purchase incentives if those vehicles meet warranty and
25 emissions requirements, as determined by the state board.
26 (7) Establish a competitive process for the allocation of moneys
27 for projects funded pursuant to this section.
28 (8) Leverage,to the maximum extent feasible,federal or private
29 funding.
30 (9) Ensure that the results of emissions reductions or benefits
31 can be measured or quantified.
32 (10) Ensure that activities undertaken pursuant to this section
33 complement, and do not interfere with, efforts to achieve and
34 maintain federal and state ambient air quality standards and to
35 reduce toxic air contaminants.
36 (e) In evaluating potential projects to be funded pursuant to this
37 section, the state board shall give priority to projects that
38 demonstrate one or more of the following characteristics:
39 (1) Benefit disadvantaged communities pursuant to Sections
40 39711 and 39713.
97
Item 5. - 7 xB -262-
-5— AB 857
1 (2) The ability to leverage additional public and private funding.
2 (3) The potential for cobenefits or multiple-benefit attributes.
3 (4) The potential for the project to be replicated.
4 (5) Regional benefit, with focus on collaboration between
5 multiple entities.
6 (6) Support for technologies with broad market and emissions
7 reduction potential.
8 (7) Support for projects addressing technology and market
9 barriers not addressed by other programs.
10 (8) Support for enabling technologies that benefit multiple
11 technology pathways.
12 (f) To assist in the implementation of this section, the state
13 board, in consultation with the State Energy Resources
14 Conservation and Development Commission,shall create an annual
15 framework and plan. The framework and plan shall be developed
16 with public input and may utilize existing investment plan
17 processes and workshops as well as existing state and third-party
18 research and technology roadmaps. The framework and plan shall
19 do all of the following:
20 (1) Articulate an overarching vision for technology development,
21 demonstration, precommercial pilot, and early commercial
22 deployments, with a focus on moving technologies through the
23 commercialization process.
24 (2) Outline technology categories and performance criteria for
25 technologies and applications that may be considered for funding
26 pursuant to this section. This shall include technologies for
27 medium- and heavy-duty trucking, including, but not limited to,
28 vocational trucks, short-haul and long-haul trucks, buses, and
29 off-road vehicles and equipment,including,but not limited to,port
30 equipment,agricultural equipment,construction equipment,marine
31 equipment, and rail equipment.
32 (3) Describe the roles of the relevant agencies and the process
33 for coordination.
34 (g) For purposes of this section, the following terms have the
35 following meanings:
36 (1) "Heavy-duty truck"means a vehicle that has a gross vehicle
37 weight rate (GVWR) of 26,001 pounds or more.
38 (2) "Zero- and near-zero-emission" means vehicles, fuels, and
39 related technologies that reduce greenhouse gas emissions and
40 improve air quality when compared with conventional or fully
97
HB -263- Item 5. - 8
AB 857 —6—
1 commercialized alternatives, as defined by the state board in
2 consultation with the State Energy Resources Conservation and
3 Development Commission. "Zero- and near-zero-emission" may
4 include, but is not limited to, zero-emission technology, enabling
5 technologies that provide a pathway to emissions reductions,
6 advanced or alternative fuel engines for long-haul trucks, and
7 hybrid or alternative fuel technologies for trucks and off-road
8 equipment.
O
97
Item 5. - 9 HB -264-
ATTACHMEN
T #2
AMENDED IN SENATE APRIL 6, 2015
SENATE BILL No. 355
Introduced by Senator Lara
(Principal coauthor: Assembly Member Rendon)
February 24, 2015
An act to amend Section 32605 of the Public Resources Code,relating
to the San Gabriel and Lower Los Angeles Rivers and Mountains
Conservancy.
LEGISLATIVE COUNSEL'S DIGEST
SB 355, as amended, Lara. San Gabriel and Lower Los Angeles
Rivers and Mountains Conservancy.
Existing law establishes the San Gabriel and Lower Los Angeles
Rivers and Mountains Conservancy, which is responsible for the
preservation and protection of specified lands within the San Gabriel
and Lower Los Angeles Rivers and Mountains area,as defined.Existing
law prescribes the duties of the conservancy, and requires that it be
comprised of 13 voting members and 7 nonvoting members,as specified.
Existing law requires that the voting members include, among other
members, 2 members of the Orange County Division of the League of
California Cities,both of whom shall be a mayor or city council member
of a city bordering the San Gabriel River or tributary thereof.
This bill would instead require that only one member of the Orange
County Division of the League of California Cities be a voting member,
and would require that a resident of a city, not otherwise represented
on the board at the time of the appointment and bordering the Lower
Los Angeles River, be appointed by the `ettat r G..w.mittee o_ "u 'e�,
be Governor, as prescribed, as a voting member. The bill would also
increase the number of nonvoting members to 9,and would require that
98
HB -265- Item 5. - 10
SB 355 —2—
one Member of the Senate, appointed by the Senate Committee on
Rules, and one Member of the Assembly, appointed by the Speaker of
the Assembly, serve as those nonvoting members.The bill would require
that those legislators serving as nonvoting members represent a district
that is at least partially contained within the territory of the conservancy
and participate in activities of the conservancy only to the extent that
participation is compatible with his or her duties as a legislator.
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 32605 of the Public Resources Code is
2 amended to read:
3 32605. The board shall consist of 13 voting members and nine
4 nonvoting members, as follows:
5 (a) The 13 voting members of the board shall consist of all of
6 the following:
7 (1) One member of the Board of Supervisors of the County of
8 Los Angeles, or his or her designee, who represents the area or a
9 portion thereof contained within the territory of the conservancy,
10 appointed by the Governor.
11 (2) Two members of the Loaves of directors Governing Board
12 of the San Gabriel Valley Council of Governments, one of whom
13 shall be a mayor or city council member of a city bordering along
14 the San Gabriel River, and one of whom shall be a mayor or city
15 council member of a city bordering the San Gabriel Mountains
16 area. One member shall be appointed by a majority of the
17 membership of that board of directors, and one member shall be
18 appointed by the Senate Committee on Rules from a list of two or
19 more potential members submitted by the board of directors. If
20 the San Gabriel Valley Council of Governments fails to provide
21 to the Senate Committee on Rules a list of two or more potential
22 members, at least 30 days prior to the date a current member's
23 term of office expires,the Senate Committee on Rules may appoint
24 a mayor or city council member of a city bordering along the San
25 Gabriel River or the San Gabriel Mountains, or a member of the
26 public who resides within the territory of the conservancy.
27 (3) Two members of the Loam ofdireet rs Board of Directors
28 of the Gateway Cities Council of Governments,one of whom shall
98
Item 5. - 11 HB -266-
—3— SB 355
1 be the mayor of the City of Long Beach or a city council member
2 of the City of Long Beach appointed by the mayor, and one of
3 whom shall be appointed by the Speaker of the Assembly from a
4 list of two or more potential members submitted by the executive
5 committee of the board o direetors Board of Directors of the
6 Gateway Cities Council of Governments.The executive committee
7 shall submit lists of potential members to the Speaker of the
8 Assembly until an acceptable member is appointed.
9 (4) One member of the Orange County Division of the League
10 of California Cities,who shall be a mayor or city council member
11 of a city bordering along the San Gabriel River or a tributary
12 thereof. The member shall be appointed by the Governor from a
13 list of two or more potential members submitted by the city
14 selection committee.
15 (5) One member shall be a representative of a member of the
16 San Gabriel Valley Water Association appointed by a majority of
17 the membership of the board of directors of the San Gabriel Valley
18 Water Association.
19 (6) One member shall be a representative of the Central Basin
20 Water Association appointed by a majority of the membership of
21 the board of directors of the Central Basin Water Association.
22 (7) One member shall be a resident of Los Angeles County
23 appointed by the Governor from a list of potential members
24 submitted by local,state,and national environmental organizations
25 that operate within the County of Los Angeles and within the
26 territory of the conservancy and that have participated in planning
27 for river restoration or open space, or both, or river preservation.
28 ,
29 .
30 (8) One member, appointed by the Governor, who is a resident
31 of a city, not otherwise represented on the board at the time of the
32 member's appointment, bordering the Lower Los Angeles River.
33 The Governor shall make the appointment from a list of two or
34 more potential members submitted by the executive committee of
35 the Board of Directors of the Gateway Cities Council of
36 Governments. The executive committee shall submit lists of
37 potential members to the Governor until he or she appoints a
38 member.
39 (9) The Secretary of the Natural Resources Agency, or his or
40 her designee.
98
xB -267- Item 5. - 12
SB 355 —4—
1 (10) The Secretary for Environmental Protection, or his or her
2 designee.
3 (11) The Director of Finance, or his or her designee.
4 (b) (1) Seven of the ex officio,nonvoting members shall consist
5 of the following officers or an employee of each agency designated
6 annually by that officer to represent the office or agency:
7 (A) The District Engineer of the United States Army Corps of
8 Engineers.
9 (B) The Regional Forester for the Pacific Southwest Region of
10 the United States Forest Service.
11 (C) The Director of the Los Angeles County Department of
12 Public Works.
13 (D) The Director of the Orange County Public Facility and
14 Resource Department.
15 (E) A member of the San Gabriel River Watermaster,appointed
16 by a majority of the members of the San Gabriel River
17 Watermaster.
18 (F) The Director of Parks and Recreation.
19 (G) The Executive Officer of the Wildlife Conservation Board.
20 (2) Two of the nonvoting member shall be the following:
21 (A) One Member of the Senate, appointed by the Senate
22 Committee on Rules, whose Senate district is at least partially
23 contained within the territory of the conservancy.
24 (B) One Member of the Assembly, appointed by the Speaker
25 of the Assembly, whose Assembly district is at least partially
26 contained within the territory of the conservancy.
27 (C) A member appointed pursuant to this paragraph shall meet
28 with the conservancy and participate in its activities to the extent
29 that participation is compatible with his or her duties as a Member
30 of the Legislator.
O
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Item 5. - 13 xB -268-
3
SENATE BILL No. 608
Introduced by Senator Liu
February 27, 2015
An act to add Part 2.2 (commencing with Section 53.8) to Division
1 of, the Civil Code, and to amend Section 647 of the Penal Code,
relating to homelessness.
LEGISLATIVE COUNSEL'S DIGEST
SB 608, as introduced, Liu. Homelessness.
Existing law, the Unruh Civil Rights Act, provides that all persons
within the state are free and equal, regardless of their sex, race, color,
religion,ancestry,national origin,disability,medical condition,genetic
information,marital status,or sexual orientation,and are entitled to the
full and equal accommodations, advantages, facilities, privileges, or
services in all business establishments of every kind whatsoever.
This bill would enact the Right to Rest Act, which would afford
persons experiencing homelessness the right to use public space without
discrimination based on their housing status. Because the bill would
require local agencies to perform additional duties, it would impose a
state-mandated local program. The bill would describe basic human
and civil rights that may be exercised without being subject to criminal
or civil sanctions or harassment, including the right to use and to move
freely in public spaces, the right to rest in public spaces and to protect
oneself from the elements,the right to eat in any public space in which
having food is not prohibited,the right to perform religions observances
in public spaces,and the right to occupy a motor vehicle or a recreational
vehicle legally parked or parked with the permission of the property
owner, as specified.
The bill would authorize a person whose rights have been violated
pursuant to these provisions to enforce those rights in a civil action in
99
HB -269- Item 5. - 14
SB 608 —2—
which the court may award the prevailing party injunctive and
declaratory relief, restitution, damages, statutory damages of $1,000
per violation, and fees and costs.
Existing law provides that any person who lodges in any building,
structure,vehicle,or place without the permission of the owner or person
entitled to the possession or in control of it, is guilty of disorderly
conduct.
The bill would also exempt conduct that is protected by the bill from
this definition of the crime of disorderly conduct.
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, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these statutory
provisions.
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. This act shall be known and may be cited as"The
2 Right to Rest Act."
3 SEC.2. The Legislature finds and declares all of the following:
4 (a) According to the Housing and Urban Development's report
5 to Congress, 136,826 people were estimated to be homeless in
6 California in 2013, a rate that is unprecedented following a deep
7 and prolonged economic recession, a severe shortage of safe and
8 affordable housing, a failed veteran and civilian mental health
9 system, and a diminished social safety net.
10 (b) According to the United States Department of Education,
11 259,656 school children were known to have experienced
12 homelessness in the 2012-13 school year.
13 (c) Homelessness is an independent risk factor for a number of
14 illnesses, making people more susceptible to increased health
15 problems due to high stress, sleep deprivation, unsanitary
16 surroundings, lack of access to hygiene facilities, and a myriad of
17 other situational stressors experienced by people without stable
18 housing. Subsequently, people who are chronically homeless are
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Item 5. - 15 HB -270-
—3— SB 608
1 more medically frail and three to four times more likely to die
2 prematurely than their housed counterparts.
3 (d) Throughout California, local governments have enacted
4 ordinances that make it illegal to rest or seek nourishment in public
5 spaces.
6 (e) These local ordinances do not reduce the incidence of
7 homelessness or crime. Instead, they result in increased
8 incarceration rates and financial indebtedness of people who simply
9 have no means of support and prolong homelessness by making
10 it more difficult for people to secure housing, employment, and
11 medical care.
12 (f) While these ordinances apply to all residents, they
13 disproportionately impact people without homes, who have no
14 private place to rest or seek nourishment, and are often selectively
15 applied by law enforcement to people based upon their appearance
16 or an assumption of homelessness.
17 (g) In practice, these ordinances deprive persons experiencing
18 homelessness and those who may be perceived as homeless of a
19 safe and legal place to rest and seek nourishment,which adversely
20 impacts their health and well-being.
21 (h) Sleep deprivation impairs cognitive processes and puts one
22 at risk for obesity,heart disease,heart attack,heart failure,irregular
23 heartbeat, high blood pressure, stroke, diabetes, and depression.
24 People who are homeless suffer from sleep deprivation and,absent
25 a place to rest, they suffer it more frequently.
26 (i) Lacking the resources necessary to obtain adequate legal
27 representation,homeless persons are often denied relief or damages
28 through the courts.
29 0) Both the federal government,through its Interagency Council
30 on Homelessness, and the United Nations, have recognized that
31 discrimination and criminalization violate a homeless person's
32 human rights and have called upon state and local governments to
33 cease enactment and enforcement of those laws.
34 (k) Homelessness and the increasing criminalization of
35 homelessness and discrimination against those experiencing
36 homelessness are widespread throughout California and are matters
37 of statewide concern.
38 (� Section 1 of Article I of the California Constitution provides
39 that "[a]ll people are by nature free and independent and have
40 inalienable rights. Among these are enjoying and defending life
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1 and liberty, acquiring, possessing, and protecting property, and
2 pursuing and obtaining safety, happiness, and privacy," without
3 qualification as to whether or not a person is, or appears to be,
4 homeless.
5 (m) Subdivision (a) of Section 7 of Article I of the California
6 Constitution provides that"[a] person may not be deprived of life,
7 liberty, or property without due process of law or denied equal
8 protection of the laws... ."
9 (n) Concordant with this fundamental belief, a person should
10 not be subject to discrimination based on his or her income,housing
I 1 status, or ability or desire to appear housed. Therefore, it is the
12 intent of the Legislature in enacting this legislation to protect the
13 rights of all Californians, regardless of their housing status and
14 ameliorate the adverse effects caused by the criminalization of
15 homelessness on our communities and our citizens.
16 (o) Decriminalization of rest allows municipal governments to
17 redirect resources from local enforcement activities to activities
18 that address the root causes of homelessness and poverty.
19 SEC. 3. Part 2.2 (commencing with Section 53.8) is added to
20 Division 1 of the Civil Code, to read:
21
22 PART 2.2. HOMELESS PERSONS
23
24 53.8. For purposes of this part, the following definitions shall
25 apply:
26 (a) "BID"means a business improvement district,as established
27 pursuant to Chapter 2 (commencing with Section 36520) of Part
28 6 of Division 18 of,or Chapter 2(commencing with Section 36620)
29 of Part 7 of Division 18 of,the Streets and Highways Code,or any
30 public-private partnership established under any municipal or
31 county law authorized pursuant to Chapter I (commencing with
32 Section 36500) of Part 6 of Division 18 of, or Chapter 2
33 (commencing with Section 36620)of Part 7 of Division 18 of,the
34 Streets and Highways Code, whether or not the phrase "business
35 improvement district" is part of the public-private partnership's
36 name.
37 (b) "BID agent" means any person hired by a business
38 improvement district.
39 (c) "Discrimination based on housing status" includes any
40 distinction, exclusion, or restriction based on the status of having
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1 or not having a fixed or regular residence or that disproportionately
2 impacts person of a particular housing status. Measures taken to
3 ensure equal enjoyment or exercise of the human right to rest shall
4 not be deemed discriminatory.
5 (d) "Harassment"means a knowing or willful course of conduct
6 by law enforcement,public or private security personnel,or a BID
7 agent directed at a specific person that a reasonable person would
8 consider as seriously alarming, threatening, tormenting, or
9 terrorizing.
10 (e) (1) "Homeless persons," "homeless people," or "persons
11 experiencing homelessness" means those individuals or members
12 of families who lack a fixed, regular, and adequate nighttime
13 residence including all of the following:
14 (A) Individuals and members of families who are sharing the
15 housing of other persons due to a loss of housing, economic
16 hardship, or a similar reason; are living in motels, hotels, trailer
17 parks, or camping grounds due to the lack of alternative adequate
18 accommodations; are living in emergency or transitional shelters;
19 are abandoned in a hospital;or are awaiting foster care placement.
20 (B) Individuals and members of families who have a primary
21 nighttime residence that is a public or private place not designed
22 for or ordinarily used as a regular sleeping accommodation for
23 human beings, including a car, park, abandoned building, bus or
24 train station, airport, or camping ground.
25 (C) Individuals and members of families who are living in cars,
26 parks, public spaces, abandoned buildings, substandard housing,
27 bus or train stations, or similar settings.
28 (D) Individuals and members of families who,in the preceding
29 36 months, have moved between jurisdictions in order to obtain
30 temporary or seasonal employment in agriculture or fishing work,
31 or have migrated 20 miles or more to a temporary residence to
32 engage in a fishing activity.
33 (2) This definition includes unaccompanied youth and homeless
34 families with children and youth who have experienced a long-term
35 period without living independently in permanent housing, have
36 experienced persistent instability as measured by frequent moves
37 over that period, and can be expected to continue in that status for
38 an extended period of time because of chronic disabilities,chronic
39 physical health or mental health conditions, substance addiction,
40 histories of domestic violence or childhood abuse,the presence of
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1 a child or youth with a disability, or multiple barriers to
2 employment.
3 (f) "Motor vehicle"means a motor vehicle as defined in Section
4 415 of the Vehicle Code.
5 (g) "Public space"means any property that is owned, in whole
6 or in part, by any state or local government entity or any property
7 upon which there is an easement for public use and that is held
8 open to the public,including,but not limited to,plazas,courtyards,
9 parking lots,sidewalks,public transportation facilities and services,
10 public buildings, shopping centers, and parks.
11 (h) "Recreational vehicle" means a recreational vehicle as
12 defined in Section 18010 of the Health and Safety Code.
13 (i) "Rest" means the state of not moving, holding certain
14 postures that include, but are not limited to, sitting, standing,
15 leaning, kneeling, squatting, sleeping, or lying.
16 53.81. (a) Persons experiencing homelessness shall be
17 permitted to use public space in the same manner as any other
18 person, without discrimination based on their housing status. In
19 addition, the existence of homelessness requires that civil and
20 human rights that are amply protected in the home and in other
21 private places be extended to the public areas in which homeless
22 persons live to ensure the equal rights of all Californians,whether
23 homeless or housed.
24 (b) Every person in the state shall have the following basic
25 human and civil rights,that may be exercised without being subject
26 to criminal or civil sanctions or harassment by law enforcement,
27 public or private security personnel, or BID agents:
28 (1) The right to use and to move freely in public spaces,without
29 discrimination and without time limitations that discriminate based
30 upon housing status.
31 (2) The right to rest in public spaces and to protect oneself from
32 the elements, in a nonobstructive manner.
33 (3) The right to eat, share, accept, or give food in any public
34 space in which having food is not otherwise generally prohibited.
35 (4) The right to pray, meditate, worship, or practice religion in
36 public spaces, without discrimination based upon housing status.
37 (5) The right to occupy a motor vehicle or a recreational vehicle,
38 provided that the vehicle is legally parked on public property or
39 parked on private property with permission of the property owner.
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1 53.82. (a) Any person whose rights have been violated pursuant
2 to this part may enforce those rights in a civil action.
3 (b) The court may award appropriate injunctive and declaratory
4 relief, restitution for loss of property or personal effects and
5 belongings, actual damages, compensatory damages, exemplary
6 damages, statutory damages of one thousand dollars ($1,000)per
7 violation, and reasonable attorney's fees and costs to a prevailing
8 party.
9 SEC. 4. Section 647 of the Penal Code is amended to read:
10 647. Except as provided in subdivision (0, every person who
11 commits any of the following acts is guilty of disorderly conduct,
12 a misdemeanor:
13 (a) Who solicits anyone to engage in or who engages in lewd
14 or dissolute conduct in any public place or in any place open to
15 the public or exposed to public view.
16 (b) Who solicits or who agrees to engage in or who engages in
17 any act of prostitution. A person agrees to engage in an act of
18 prostitution when, with specific intent to so engage, he or she
19 manifests an acceptance of an offer or solicitation to so engage,
20 regardless of whether the offer or solicitation was made by a person
21 who also possessed the specific intent to engage in prostitution.
22 No agreement to engage in an act of prostitution shall constitute
23 a violation of this subdivision unless some act, in addition to the
24 agreement, is done within this state in furtherance of the
25 commission of an act of prostitution by the person agreeing to
26 engage in that act. As used in this subdivision, "prostitution"
27 includes any lewd act between persons for money or other
28 consideration.
29 (c) Who accosts other persons in any public place or in any
30 place open to the public for the purpose of begging or soliciting
31 alms.
32 (d) Who loiters in or about any toilet open to the public for the
33 purpose of engaging in or soliciting any lewd or lascivious or any
34 unlawful act.
35 (e) Who lodges in any building, structure, vehicle, or place,
36 , without the permission of the owner or
37 person entitled to the possession or in control of it.This subdivision
38 does not apply to conduct that is protected pursuant to Section
39 53.81 of the Civil Code.
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1 (f) Who is found in any public place under the influence of
2 intoxicating liquor,any drug,controlled substance,toluene,or any
3 combination of any intoxicating liquor,drug,controlled substance,
4 or toluene, in a condition that he or she is unable to exercise care
5 for his or her own safety or the safety of others, or by reason of
6 his or her being under the influence of intoxicating liquor, any
7 drug, controlled substance, toluene, or any combination of any
8 intoxicating liquor, drug, or toluene, interferes with or obstructs
9 or prevents the free use of any street, sidewalk, or other public
10 way.
1 I (g) When a person has violated subdivision(f), a peace officer,
12 if he or she is reasonably able to do so, shall place the person, or
13 cause him or her to be placed, in civil protective custody. The
14 person shall be taken to a facility, designated pursuant to Section
15 5170 of the Welfare and Institutions Code, for the 72-hour
16 treatment and evaluation of inebriates.A peace officer may place
17 a person in civil protective custody with that kind and degree of
18 force which would be lawful were he or she effecting an arrest for
19 a misdemeanor without a warrant.A person who has been placed
20 in civil protective custody shall not thereafter be subject to any
21 criminal prosecution or juvenile court proceeding based on the
22 facts giving rise to this placement. This subdivision shall not apply
23 to the following persons:
24 (1) Any person who is under the influence of any drug,or under
25 the combined influence of intoxicating liquor and any drug.
26 (2) Any person who a peace officer has probable cause to believe
27 has committed any felony,or who has committed any misdemeanor
28 in addition to subdivision (f).
29 (3) Any person who a peace officer in good faith believes will
30 attempt escape or will be unreasonably difficult for medical
31 personnel to control.
32 (h) Who loiters, prowls, or wanders upon the private property
33 of another,at any time,without visible or lawful business with the
34 owner or occupant. As used in this subdivision, "loiter" means to
35 delay or linger without a lawful purpose for being on the property
36 and for the purpose of committing a crime as opportunity may be
37 discovered.
38 (i) Who,while loitering,prowling,or wandering upon the private
39 property of another, at any time, peeks in the door or window of
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1 any inhabited building or structure, without visible or lawful
2 business with the owner or occupant.
3 0) (1) Any person who looks through a hole or opening, into,
4 or otherwise views, by means of any instrumentality, including,
5 but not limited to, a periscope, telescope, binoculars, camera,
6 motion picture camera, camcorder, or mobile phone, the interior
7 of a bedroom, bathroom, changing room, fitting room, dressing
8 room, or tanning booth, or the interior of any other area in which
9 the occupant has a reasonable expectation of privacy, with the
10 intent to invade the privacy of a person or persons inside. This
11 subdivision shall not apply to those areas of a private business
12 used to count currency or other negotiable instruments.
13 (2) Any person who uses a concealed camcorder,motion picture
14 camera,or photographic camera of any type,to secretly videotape,
15 film, photograph, or record by electronic means, another,
16 identifiable person under or through the clothing being worn by
17 that other person, for the purpose of viewing the body of, or the
18 undergarments worn by, that other person, without the consent or
19 knowledge of that other person, with the intent to arouse, appeal
20 to,or gratify the lust,passions, or sexual desires of that person and
21 invade the privacy of that other person, under circumstances in
22 which the other person has a reasonable expectation of privacy.
23 (3) (A) Any person who uses a concealed camcorder, motion
24 picture camera, or photographic camera of any type, to secretly
25 videotape,film,photograph,or record by electronic means,another,
26 identifiable person who may be in a state of full or partial undress,
27 for the purpose of viewing the body of,or the undergarments worn
28 by, that other person, without the consent or knowledge of that
29 other person, in the interior of a bedroom, bathroom, changing
30 room,fitting room, dressing room,or tanning booth,or the interior
31 of any other area in which that other person has a reasonable
32 expectation of privacy,with the intent to invade the privacy of that
33 other person.
34 (B) Neither of the following is a defense to the crime specified
35 in this paragraph:
36 (i) The defendant was a cohabitant, landlord, tenant, cotenant,
37 employer,employee,or business partner or associate of the victim,
38 or an agent of any of these.
39 (ii) The victim was not in a state of full or partial undress.
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1 (4) (A) Any person who intentionally distributes the image of
2 the intimate body part or parts of another identifiable person, or
3 an image of the person depicted engaged in an act of sexual
4 intercourse, sodomy, oral copulation, sexual penetration, or an
5 image of masturbation by the person depicted or in which the
6 person depicted participates, under circumstances in which the
7 persons agree or understand that the image shall remain private,
8 the person distributing the image knows or should know that
9 distribution of the image will cause serious emotional distress,and
10 the person depicted suffers that distress.
I I (B) A person intentionally distributes an image described in
12 subparagraph(A)when he or she personally distributes the image,
13 or arranges, specifically requests, or intentionally causes another
14 person to distribute that image.
15 (C) As used in this paragraph, "intimate body part" means any
16 portion of the genitals, the anus and in the case of a female, also
17 includes any portion of the breasts below the top of the areola,that
18 is either uncovered or clearly visible through clothing.
19 (D) It shall not be a violation of this paragraph to distribute an
20 image described in subparagraph (A) if any of the following
21 applies:
22 (i) The distribution is made in the course of reporting an
23 unlawful activity.
24 (ii) The distribution is made in compliance with a subpoena or
25 other court order for use in a legal proceeding.
26 (iii) The distribution is made in the course of a lawful public
27 proceeding.
28 (5) This subdivision shall not preclude punishment under any
29 section of law providing for greater punishment.
30 (k) In any accusatory pleading charging a violation of
31 subdivision(b),if the defendant has been once previously convicted
32 of a violation of that subdivision, the previous conviction shall be
33 charged in the accusatory pleading. If the previous conviction is
34 found to be true by the jury,upon a jury trial,or by the court,upon
35 a court trial, or is admitted by the defendant, the defendant shall
36 be imprisoned in a county jail for a period of not less than 45 days
37 and shall not be eligible for release upon completion of sentence,
38 on probation, on parole, on work furlough or work release, or on
39 any other basis until he or she has served a period of not less than
40 45 days in a county jail.In all cases in which probation is granted,
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1 the court shall require as a condition thereof that the person be
2 confined in a county jail for at least 45 days. In no event does the
3 court have the power to absolve a person who violates this
4 subdivision from the obligation of spending at least 45 days in
5 confinement in a county jail.
6 In any accusatory pleading charging a violation of subdivision
7 (b), if the defendant has been previously convicted two or more
8 times of a violation of that subdivision, each of these previous
9 convictions shall be charged in the accusatory pleading. If two or
10 more of these previous convictions are found to be true by the jury,
11 upon a jury trial,or by the court,upon a court trial,or are admitted
12 by the defendant, the defendant shall be imprisoned in a county
13 jail for a period of not less than 90 days and shall not be eligible
14 for release upon completion of sentence, on probation, on parole,
15 on work furlough or work release, or on any other basis until he
16 or she has served a period of not less than 90 days in a county jail.
17 In all cases in which probation is granted, the court shall require
18 as a condition thereof that the person be confined in a county jail
19 for at least 90 days. In no event does the court have the power to
20 absolve a person who violates this subdivision from the obligation
21 of spending at least 90 days in confinement in a county jail.
22 In addition to any punishment prescribed by this section,a court
23 may suspend,for not more than 30 days,the privilege of the person
24 to operate a motor vehicle pursuant to Section 13201.5 of the
25 Vehicle Code for any violation of subdivision (b) that was
26 committed within 1,000 feet of a private residence and with the
27 use of a vehicle. In lieu of the suspension, the court may order a
28 person's privilege to operate a motor vehicle restricted, for not
29 more than six months,to necessary travel to and from the person's
30 place of employment or education. If driving a motor vehicle is
31 necessary to perform the duties of the person's employment, the
32 court may also allow the person to drive in that person's scope of
33 employment.
34 (0 (1) A second or subsequent violation of subdivision 0) is
35 punishable by imprisonment in a county jail not exceeding one
36 year, or by a fine not exceeding two thousand dollars ($2,000), or
37 by both that fine and imprisonment.
38 (2) If the victim of a violation of subdivision 0) was a minor at
39 the time of the offense,the violation is punishable by imprisonment
40 in a county jail not exceeding one year, or by a fine not exceeding
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1 two thousand dollars ($2,000), or by both that fine and
2 imprisonment.
3 (m) (1) If a crime is committed in violation of subdivision(b)
4 and the person who was solicited was a minor at the time of the
5 offense, and if the defendant knew or should have known that the
6 person who was solicited was a minor at the time of the offense,
7 the violation is punishable by imprisonment in a county jail for
8 not less than two days and not more than one year, or by a fine not
9 exceeding ten thousand dollars($10,000), or by both that fine and
10 imprisonment.
11 (2) The court may,in unusual cases,when the interests of justice
12 are best served, reduce or eliminate the mandatory two days of
13 imprisonment in a county jail required by this subdivision. If the
14 court reduces or eliminates the mandatory two days'imprisonment,
15 the court shall specify the reason on the record.
16 SEC. 5. If the Commission on State Mandates determines that
17 this act contains costs mandated by the state, reimbursement to
18 local agencies and school districts for those costs shall be made
19 pursuant to Part 7 (commencing with Section 17500) of Division
20 4 of Title 2 of the Government Code.
O
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