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HomeMy WebLinkAboutRESOLUTION 2007-41 IN SUPPORT OF AN APPROPRIATION OF $1 BILL Council/Agency Meeting Held: Deferred/Continued to: XIAppro�d Z ❑ Conditionally Approved ❑ Denied � Cit ler s Sig at re ZrwnS Council Meeting Date: July 2, 2007 Department ID Number: AD 07-15 CITY OF HUNTINGTON BEACH l�,uss�•nAa� REQUEST FOR COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Jill Hardy, Council Member, Chair on behalf of Intergovernmental Relations Committee Members Councilman Don Hansen and Councilman Keith Bohr PREPARED BY: Patricia Dapkus, Department Analyst, Senior ��& /O SUBJECT: APPROVE A CITY COUNCIL POSITION ON LEGISLATION PENDING BEFORE THE FEDERAL, STATE, OR REGIONAL GOVERNMENTS AS RECOMMENDED BY THE CITY COUNCIL INTERGOVERNMENTAL RELATIONS COMMITTEE (IRC) Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s) Statement of Issue: Approve a City Council position as recommended by the City Council Intergovernmental Relations Committee (IRC) on legislation pending before a federal, state, or regional government, thereby authorizing the Mayor to communicate the city's position to the elected members of the federal or state legislature, or regional body. Fundinq Source: N/A Recommended Action: Motion to: 1. Support HR 2447 (Turner) The Energy and Environment Block Grant as Introduced 2. Support AB 258 (Krekorian) Local Coastal Program — Nonpoint Source Pollution 3. Approve Resolution?nn?_41 in Support of an Appropriation of$1 Billion in Proposition 1 B Funds out of the 2007-08 California State Budget to Fund Local Street and Road Repairs 4. Support SCA 12 (Torlakson) Local Government, Property Related Fees—Stormwater, Drainage Water Approval Requirements as amended on 06/18/07 5. Support AB 1597 (Solorio) - Counties Sheriff's Duties, Coastline, Harbors, & Inland Waterways —as amended on 05/29/07, with the condition that it be amended to remove "coastlines"from the enforcement authority of the Orange County Sheriff 6. Remove City's Position on AB 1355 (Houston) — FORMERLY Counties Sheriff's Duties, Coastline, Harbors, & Inland Waterways NOW Sheriff's— Persons who commit a public offense Alternative Action(s): Do not take action on one of the above or take an alternative position. H. R. 2447 (Introduced-in-House) Page 5 of 10 (8) Development and implementation of building and home energy conservation programs, including— (A) design and operation of the programs; (B) research on the most effective methods for achieving maximum participation and efficiency rates; (C) public education; (D) measurement protocols; and (E) identification of energy efficient technologies. (9) Development and implementation of transportation fuel conservation programs, including— (A) promotion of public transit ridership; (B) car pooling; (C) reduction of vehicle miles traveled; (D) increase in trip efficiencies; (E) use of flex time by employers; (F) satellite work centers; and (G) other measures that have the effect of increasing fuel efficiencies and decreasing fuel consumption. (10) Development and implementation of alternative fuel technologies in public fleets that result in significant greenhouse gas emission reductions, including the retrofitting of diesel bus fleets with high technology exhaust filters and the purchase of zero-emission hydrogen fuel cell buses. (11) Development and implementation of alternative fuel infrastructure that results in significant reductions in greenhouse gas emissions. (12) Development and implementation of intelligent transportation systems designed to reduce congestion and related greenhouse gas emissions. (13) Development and implementation of building codes and inspection services for public, commercial, industrial, and single and multifamily residential buildings to promote energy efficiency. (14) Application and implementation of alternative energy and energy http://thomas.loc.gov/home/gpoxmlc 110/h2447_ih.xml 6/26/2007 H. R. 2447 (Introduced-in-House) Page 6 of 10 distribution technologies that significantly increase energy efficiency and reduce greenhouse gas emissions, including solar, wind, geothermal, district heating and cooling systems, and other renewable energy resources. (15) Development and promotion of land use guidelines or requirements that result in energy efficiency and greenhouse gas emission reductions, including mixed use development, transit-oriented development, active living land use planning, and alternative transportation infrastructure such as bike lanes and pathways, pedestrian-oriented transportation, and parking for alternative forms of transportation. (16) Promotion of greater participation and efficiency rates for material conservation programs, including source reduction, recycling, and recycled content procurement programs that lead to increases in energy efficiency and reductions in greenhouse gas emissions. (17) Establishment of an office to assist in the development and implementation of the Energy Efficiency and Climate Protection Strategy. SEC. 7. INELIGIBLE ACTIVITIES. Funds provided through a grant under this Act may be not used for the following activities: (1) Purchase or leasing of equipment or vehicles for the private sector. (2) Purchase of pollution control equipment for private electric utilities. SEC. 8. REQUIREMENTS FOR ELIGIBLE UNITS OF LOCAL GOVERNMENT. (a) PROPOSED STRATEGY.Not later than 1 year after being awarded a grant under this Act, an eligible unit of local government shall submit to the Secretary a proposed Energy Efficiency and Climate Protection Strategy which establishes goals for increased energy efficiency and reduction of greenhouse gas emissions in the jurisdiction of the eligible units of local government. The Strategy shall include plans for the use of funds received under the grant to assist the eligible unit of local government in the achievement of such goals, consistent with sections 6 and 7. In developing such a Strategy, an eligible unit of local government shall take into account any plans for the use of funds by adjoining eligible units of local governments funded under this Act. (b) APPROVAL.—The Secretary shall approve or disapprove a proposed Strategy submitted under subsection (a) not later than 90 days after receiving it. If the Secretary disapproves a proposed Strategy, the Secretary shall provide to the eligible unit of local government the reasons for such disapproval. The eligible unit of local government may revise and resubmit the Strategy, as many times as required, until approval is granted. (c) FUNDING FOR PREPARATION OF STRATEGY.— http://thomas.loc.gov/home/gpoxmlc 110/h2447_ih.xml 6/26/2007 H. R. 2447 (Introduced-in-House) Page 7 of 10 (1) IN GENERAL.—Until the Secretary has approved a proposed Energy Efficiency and Climate Protection Strategy under subsection (b), the Secretary shall only disburse to an eligible unit of local government $200,000 or 20 percent of the grant, whichever is greater, which may be used only for preparation of the Strategy. (2) REMAINDER OF FUNDS.—The remainder of an eligible unit of local government's grant funds awarded but not disbursed under paragraph (1) shall remain available and shall be disbursed by the Secretary upon approval of the Strategy. (d) LIMITATIONS ON USE OF FUNDS.—Of the amounts provided through a grant under this Act, an eligible unit of local government may use— (1) not more than 10 percent, or $75,000, whichever is greater, for administrative expenses, not including expenses needed to meet reporting requirements under this Act; (2) not more than 20 percent, or $250,000, whichever is greater, for the establishment of revolving loan funds; and (3) not more than 20 percent, or $250,000, whichever is greater, for subgranting to nongovernmental organizations for the purpose of assisting in the implementation of the Energy Efficiency and Climate Protection Strategy. (e) ANNUAL REPORT.Not later than 2 years after receipt of the first disbursement of funds from a grant awarded under this Act, and annually thereafter, an eligible unit of local government shall submit a report to the Secretary on the status of the Strategy's development and implementation, and, where practicable, a best available assessment of energy efficiency gains and greenhouse gas reductions within the jurisdiction of the eligible unit of local government. SEC. 9. REQUIREMENTS FOR STATES. (a) ALLOCATION OF GRANT FUNDS.—A State receiving a grant under this Act shall use at least 70 percent of the funds received to provide subgrants to units of local government in the State that are not eligible units of local government. The State shall make such subgrant awards not later than 6 months after approval of the State's Strategy under subsection (c). (b) PROPOSED STRATEGY.Not later than 120 days the date of enactment of this Act, each State shall submit to the Secretary a proposed Energy Efficiency and Climate Protection Strategy which establishes a process for making subgrants described in subsection (a), and establishes goals for increased energy efficiency and reduction of greenhouse gas emissions in the jurisdiction of the State. The Strategy shall include plans for the use of funds received under a grant under this Act to assist the State in the achievement of such goals, consistent with sections 6 and 7. http://thomas.loc.gov/home/gpoxmlc I I0/h2447_ih.xml 6/26/2007 H. R. 2447 (Introduced-in-House) Page 8 of 10 (c) APPROVAL.—The Secretary shall approve or disapprove a proposed Strategy submitted under subsection (b) not later than 90 days after receiving it. If the Secretary disapproves a proposed Strategy, the Secretary shall provide to the State the reasons for such disapproval. The State may revise and resubmit the Strategy, as many times as required, until approval is granted. (d) FUNDING FOR PREPARATION OF STRATEGY.— (1) IN GENERAL.—Until the Secretary has approved a proposed Energy Efficiency and Climate Protection Strategy under subsection (b), the Secretary shall only disburse to a State $200,000 or 20 percent of the grant, whichever is greater, which may be used only for preparation of the Strategy. (2) REMAINDER OF FUNDS.—The remainder of a State's grant funds awarded but not disbursed under paragraph (1) shall remain available and shall be disbursed by the Secretary upon approval of the Strategy. (e) LIMITATIONS ON USE OF FUNDS.—Of the amounts provided through a grant under this Act, a State may use not more than 10 percent for administrative expenses. (f) ANNUAL REPORTS.—A State shall annually report to the Secretary on the development and implementation of its Strategy. Each such report shall include— (1) a status report on the State's subgrant program described in subsection (a); (2) a best available assessment of energy efficiency gains and greenhouse gas reductions achieved through the State's Strategy; and (3) specific energy efficiency and greenhouse gas reduction goals for future years. SEC. 10. REVIEW AND EVALUATION. The Secretary may review and evaluate the performance of grant recipients, including by performing audits, and may deny funding to such grant recipients for failure to properly adhere to— (1) the Secretary's guidelines and regulations relating to the program under this Act, including the misuse or misappropriation of funds; or (2) the grant recipient's Strategy. SEC. 11. OFFICE OF ENERGY AND ENVIRONMENTAL BLOCK GRANTS. (a) ESTABLISHMENT.—The Secretary shall establish an Office of Energy and Environmental Block Grants to administer the program under this Act. The Director of the Office shall have the title of Assistant Secretary for Energy Efficiency and Climate http://thomas.loc.gov/home/gpoxmlc 110/h2447_ih.xml 6/26/2007 H. R. 2447 (Introduced-in-House) Page 9 of 10 Protection. (b) STATE AND LOCAL ADVISORY COMMITTEE.—The Office shall establish a State and Local Advisory Committee to provide it advice regarding the administration, direction, and evaluation of the program under this Act, and to assist in developing priorities for the Research, Technical Assistance, and Education Program established under section 12. (c) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated to the Secretary for administrative expenses of the Office established under subsection (a)— (1) $20,000,000 for fiscal year 2008; (2) $20,000,000 for fiscal year 2009; (3) $25,000,000 for fiscal year 2010; (4) $25,000,000 for fiscal year 2011; and (5) $30,000,000 for fiscal year 2012. SEC. 12. RESEARCH, TECHNICAL ASSISTANCE,AND EDUCATION PROGRAM. (a) ESTABLISHMENT.—The Office of Energy and Environmental Block Grants shall establish and carry out a Research, Technical Assistance, and Education Program to provide— (1) technical assistance to State and local governments; (2) public education programs; (3) demonstration of innovative energy efficiency and greenhouse gas reduction systems, technologies, and practices; and (4) research and development of effective measurement methodologies, methods for changing or influencing public participation in energy efficiency and greenhouse gas reduction programs, and other methods to increase public awareness of, and action on, the global warming crisis. (b) ELIGIBLE RECIPIENTS.—Eligible recipients of assistance under this section shall include State and local governments, State and local government associations, public and private nonprofit organizations, and colleges and universities. (c) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated to the Secretary for carrying out this section $150,000,000 for each of the fiscal years 2008 through 2012. http://thomas.loc.gov/home/gpoxmlc 110/h2447_ih.xml 6/26/2007 H. R. 2447 (Introduced-in-House) Page 10 of 10 SEC. 13. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the Secretary for grants under this Act— (1) $4,000,000,000 for fiscal year 2008; (2) $4,000,000,000 for fiscal year 2009; (3) $5,000,000,000 for fiscal year 2010; . (4) $5,000,000,000 for fiscal year 2011; and (5) $6,000,000,000 for fiscal year 2012. http://thomas.loc.gov/home/gpoxmlc I I 0/h2447_ih.xml 6/26/2007 REQUEST FOR COUNCIL ACTION MEETING DATE: July 2, 2007 DEPARTMENT ID NUMBER: AD 07-15 Analysis: 1. Support HR 2447 (Turner) The Energy and Environment Block Grant (EEBG) Much like the Community Development Block Grant, the EEBG would be a formula block grant program providing funding to cities, counties, and states for use on energy efficiency and climate control programs. Funding could be used to develop an energy program, purchase energy efficient equipment and vehicles, to educate the public, to create incentives for builders and a broad number of other energy efficiency and climate control programs. The League of California Cities is encouraging cities to send letters of support to their federal legislators. The Intergovernmental Relations Committee is recommending the city take a position in support of HR 2447. 2. Support AB 258 (Krekorian) Local Coastal Program— Nonpoint Source Pollution Preproduction plastic pellets (called "nurdles") are a large contributor to marine debris and can cause starvation to marine wildlife, as well as other environmental hazards. They are also costly for local governments to clean up under the US EPA's Maximum Daily Load requirements for impaired waterways. AB 258 would task regional and state water boards to set up a monitoring program to control nurdle loss. The task force would set up a fee schedule to pay for the program. It would also task the California Coastal Commission with addressing the issue of marine debris in general, as well as have it set up a multi-agency task force to report to California Ocean Protection Council on progress made in terms of marine debris control and prevention. The Intergovernmental Relations Committee is recommending the city take a position in support of AB 258. 3. Approve Resolution 2nn7-41 in Support of an Appropriation of$1 Billion in Proposition 1 B Funds out of the 2007-08 California State Budget to Fund Local Street and Road Repairs Proposition 1 B on last November's ballot included an allocation of$2 billion to cities and counties to fund local street and road improvements and local transportation projects. According to a recent survey by the League of California Cities, cities have projects estimated at over $1 billion that could get underway immediately. Since cities will not receive Proposition 42 (gasoline sales tax) funding in the 2007-2008 state budget, proposition 1 B funds are critical if these badly needed projects are to move forward. Without significant funding in the 2007-08 Prop. 42 "gap" year, cities and counties will not receive any money for local streets and roads. The city previously took a position in support of SB 286. Specifically, SB 286 guarantees that every city and county will receive the first payments of bond funds in the 2007-08 fiscal year. The League of California Cities is requesting that cities adopt a Resolution of support and send it to their state legislators. The Intergovernmental Relations Committee is recommending the city adopt the above resolution indicating its support of an allocation of$1 billion to local street and road improvements. 4. Support SCA 12 (Torlakson) Local Government, Property Related Fees—Stormwater, Drainage Water Approval Requirements as amended on 06/18/07 G:\Dapkus\INTERGOVERNMENTAL\RCA's\RCA 070207.doc -2- 6/26/2007 12:27 PM REQUEST FOR COUNCIL ACTION MEETING DATE: July 2, 2007 DEPARTMENT ID NUMBER: AD 07-15 The California Constitution, with the exception of fees for charges for sewer, water, and refuse collection services, conditions the imposition or increase of a property-related fees or charges upon approval by either a majority vote of the owners of the properties subject to the fee or charge or, at the option of the agency imposing the fee or charge, by a 2/3 vote of the voters residing in the area affected by the fee or charge. SCA 12 as amended on 06/18/07 would additionally exclude fees and charges for storm water and urban runoff management from these approval requirements for the imposition or increase of a property-related fee or charge. The Intergovernmental Relations Committee on a vote of 2-1 is recommending the city take a position in support of SCA 12 as amended on 06/18/07. 5. Support AB 1597 (Solorio) - Counties Sheriff's Duties, Coastline. Harbors, & Inland Waterways with the condition that it be amended to remove "coastlines" from the enforcement authority of the Orange County Sheriff AB 1597 as amended on 05/29/07 would provide that the Sheriff of the County of Orange is the sole and exclusive authority to provide security and safety for the coastlines, harbors, and inland waterways in the county. By requiring the sheriff to provide the law enforcement services for the coastlines, harbors, and inland waterways in the county regardless of the jurisdiction of the areas concerned, the bill would impose a state-mandated local program. For over 30 years the Orange County Sheriff's Department has been responsible for patrolling and enforcement in the harbors and inland waterways in the county. This bill would retain that role for Orange County Sheriff. AB 1597 differs from current practice, however, in that it would also give sole and exclusive authority for enforcement on the coastline to the Orange County Sheriff's Department. Because AB 1597 reflects current practice with that one exception, the Intergovernmental Relations Committee is recommending that the city support AB 1597 with the condition that it be amended to remove "coastlines" from the enforcement authority of the Orange County Sheriff. 6. Remove City's Position on AB 1355 (Houston)— FORMERLY Counties Sheriff's Duties, Coastline, Harbors, & Inland Waterways NOW Sheriff's— Persons who commit a public offense. This bill was gutted and the language was replaced changing entirely the intent of the original bill. The Intergovernmental Relations Committee is recommending the city remove its position on this bill. Environmental Status: NA G:\Dapkus\INTERGOVERNMENTAL\RCA's\RCA 070207.doc -3- 6/26/2007 12:27 PM REQUEST FOR COUNCIL ACTION MEETING DATE: July 2, 2007 DEPARTMENT ID NUMBER: AD 07-15 Strategic Goal: 1. Support for HR 2447 (Turner) The Enerqy and Environment Block Grant meets the financial goal of creating long term financial strategies for funding the backlog of capital projects and the infrastructure goal of improving the energy efficiency of the city. 2. Support for AB 258 (Krekorian) Local Coastal Program— Nonpoint Source Pollution meets the land use and economic development goal of creating an environment that promotes tourism. 3. Approval of the Resolution in Support of an appropriation of$1 billion in Proposition 1 B funds out of the 2007-08 California State Budget to fund local street and road repairs meets the infrastructure goal of resolving crucial city infrastructure needs. 4. Support for SCA 12 (Torlakson) Local Government, Property Related Fees— Stormwater, Drainage Water Approval Requirements meets the infrastructure goal of resolving crucial city infrastructure needs and the financial goal of creating long term financial strategies for funding the backlog of capital projects. 5. Support for AB 1597 (Solorio) - Counties Sheriff's Duties, Coastline, Harbors, & Inland Waterways —as amended on 05/29/07, with the condition that it be amended to remove "coastlines"from the enforcement authority of the Orange County Sheriff meets the city services goal of providing quality public services. It also meets the financial goal of fully understanding the financial implication of decisions before they are made. Attachment(s): City Clerk's Page Number No. Description , a u 1. HR 2447 Turner The_Energyand Environment Block Grant 2. AB 258 Krekorian Local Coastal Program — Non oint Source Pollution 3. Resolution 20n7-41 in support of Formula for distribution of Prop 1 B ;max. funding as outlined in the 06/04/07 amended version of SB 286 4. SCA 12 (Torlakson) Local Government, Property Related Fees — Stormwater, Drainage Water Approval Requirements as amended on 06/18/07 5. Support AB 1597 (Solorio) - Counties Sheriff's Duties, Coastline, INP Harbors & Inland Waterways as amended on 05/29/07 q76. AB 1355 Houston Persons Who Commit a Public Offense G:\Dapkus\INTERGOVERNMENTAL\RCA's\RCA 070207.doc -4- 6/26/2007 12:27 PM a } s y 3 k/ �3 3 3 .••� =� .,., .a• ..i�. .. .. .eft- ..:. ��.. .. .. .. ...: 'd,•3�//,,, �. ..��:,, ./,�.� H. R. 2447 (Introduced-in-House) Page 1 of 10 11 OTH CONGRESS He R 2447 1ST SESSION To establish an Energy and Environment Block Grant Program, and for other purposes. IN THE HOUSE OF REPRESENTATIVES MAY 231 2007 Mr. WYNN (for himself, Mr. TURNER, Mr. ENGEL, Mr. PALLONE, Mr. KENNEDY, Mr. INSLEE, Mr. BUTTERFIELD, Mr. WEINER, Mr. HASTINGS of Florida, and Mr. CARNAHAN) introduced the following bill;which was referred to the Committee on Energy and Commerce, and in addition to the Committee on Science and Technology, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To establish an Energy and Environment Block Grant Program, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the "Energy and Environment Block Grant Act of 2007". SEC. 2. FINDINGS. The Congress finds the following: (1) Based on a recent United Nations report, the world scientific community now agrees that global warming is caused by the emission of greenhouse gases from human behavior and activity. (2) The United States, while representing less than 5 percent of the world's population, releases a projected 25 percent of all greenhouse gases emitted worldwide. (3) Local governments are particularly well positioned to develop, implement, and promote energy efficiency and greenhouse gas reduction strategies at the community level, as part of a comprehensive national strategy to address global warming. http://thomas.loc.gov/home/gpoxmlc 110/h2447_ih.xml 6/26/2007 H. R. 2447 (Introduced-in-House) Page 2 of 10 (4) The release of significant amounts of greenhouse gases occurs as a result of energy consumed by buildings and homes, and 39,300,000 new homes and 20,000,000,000 square feet of commercial office space are projected to be constructed between 2007 and 2031. (5) Local governments, through revised building codes, building inspection, and the promotion of energy efficient retrofits and conservation measures, are uniquely positioned to work with their local business communities to encourage energy efficiency and greenhouse gas reduction strategies within the building construction and management sectors. (6) The development of community-based conservation programs that reduce the usage of energy in homes and transportation will yield immediate and significant reductions of a jurisdiction's overall carbon emissions. Many cities have already signed Climate Protection Agreements, including a goal of all buildings being carbon neutral by 2030. (7) Local governments control or influence land use, transportation, and development planning that directly impacts the design of a community, a major factor in the amount of greenhouse gases emitted. (8) The development of local energy and environment comprehensive plans will provide local governments the strategies they need to establish specific energy efficiency and greenhouse gas emission reduction goals and milestones. SEC. 3. DEFINITIONS. For purposes of this Act— (1) the term "eligible entity" means a State or an eligible unit of local government within a State; (2) the term "eligible unit of local government" means— (A) a city with a population of at least 50,000; and (B) a county with a population of at least 200,000; (3) the term "greenhouse gas" means— (A) carbon dioxide; (B) methane; (C) nitrous oxide; (D) hydrofluorocarbons; http://thomas.loc.gov/home/gpoxmlc1 10/h2447—ih.xml 6/26/2007 H. R. 2447 (Introduced-in-House) Page 3 of 10 (E) perfluorocarbons; (F) sulfur hexafluoride; and (G) any other anthropogenically-emitted gas that is determined by the Secretary, after notice and comment, to contribute to global warming to a non-negligible degree; (4) the term "Secretary" means the Secretary of Energy; and (5) the term "State" means one of the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the United States Virgin Islands, the Commonwealth of the Northern Mariana Islands, and any other commonwealth, territory, or possession of the United States. SEC. 4. ESTABLISHMENT OF PROGRAM. The Secretary shall establish an Energy and Environment Block Grant Program to make block grants to eligible entities as provided in this Act. SEC. 5. ALLOCATIONS. (a) IN GENERAL.—Of the funds appropriated for making grants under this Act for each fiscal year, the Secretary shall allocate 70 percent to be provided to eligible units of local government as provided in subsection (b) and 30 percent to be provided to States as provided in subsection (c). (b) ELIGIBLE UNITS OF LOCAL GOVERNMENT.—The Secretary shall provide grants to eligible units of local government according to a formula giving equal weight to— (1) population, according to the most recent available Census data; and (2) daytime population, or another similar factor such as square footage of commercial, office, and industrial space, as determined by the Secretary. (c) STATES.—The Secretary shall provide grants to States according to a formula based on population, according to the most recent available Census data. (d) PUBLICATION OF ALLOCATION FORMULAS.Not later than 90 days before the beginning of any fiscal year in which grants are to made under this Act, the Secretary shall publish in the Federal Register the formulas for allocation described in subsection (b)(1) and (b)(2). SEC. 6. ELIGIBLE ACTIVITIES. Funds provided through a grant under this Act may be used for the following activities: http://thomas.loc.gov/home/gpoxmlc 110/h2447_ih.xml 6/26/2007 H. R. 2447 (Introduced-in-House) Page 4 of 10 (1) Development and implementation of an Energy Efficiency and Climate Protection Strategy under section 8 or 9. (2) Retaining technical consultant services to assist an eligible entity in the development of such Strategy, including— (A) estimation of the 1990 levels of greenhouse gas emissions within the jurisdiction of the eligible entity; (B) determination of baseline greenhouse gas emissions for 2006 or the most recent year for best available data; (C) formulation of energy efficiency and greenhouse gas emission reduction goals; (D) identification of strategies to meet such goals through major emitters of greenhouse gases; (E) identification of strategies to encourage behavioral changes among the populace that will help achieve such goals; (F) development of methods to measure progress in achieving such goals; (G) development and preparation of annual reports to the citizenry of the eligible entity's energy efficiency and greenhouse gas reduction strategies and goals, and progress in achieving them; (H) analysis of potential mitigation strategies to offset the negative environmental impacts of global warming on the community; and (I) other services to assist in the implementation of the Energy Efficiency and Climate Protection Strategy. (3) Conducting energy audits. (4) Development and implementation of weatherization programs. (5) Creation of financial incentive programs for energy efficiency retrofits, including zero-interest or low-interest revolving loan funds. (6) Grants to nonprofit organizations and governmental agencies for energy retrofits. (7) Development and implementation of energy efficiency programs and technologies for buildings and facilities of nonprofit organizations and governmental agencies. http://thomas.loc.gov/home/gpoxmlc 110/h2447_ih.xml 6/26/2007 n y.. j EJ " oTT Mpl, u Hi AB 258 Assembly Bill - AMENDED Page 1 of 4 BILL NUMBER: AB 258 AMENDED BILL TEXT AMENDED IN ASSEMBLY JUNE 1, 2007 AMENDED IN ASSEMBLY APRIL 9, 2007 INTRODUCED BY Assembly Member Krekorian (Principal coauthor: Assembly Member Feuer) (Coauthors: Assembly Members Huffman, Karnette, and Portantino) FEBRUARY 5, 2007 An act to -mad ��^* '^ " ' ^^���e�-�-�tea F� �•�� Pear� deT awe add Chapter 5.2 (commencing with Section 13367) to Division 7 of the Water Code, relating to the water quality. LEGISLATIVE COUNSEL'S DIGEST AB 258, as amended, Krekorian. e Water quality: plastic discharges. Under the Porter-Cologne Water Quality Control Act, the State Water Resources Control Board and the California regional water quality control boards are the principal state agencies with authority over matters relating to water quality. The state board and the regional boards prescribe waste discharge requirements for the discharge of waste in accordance with the federal national pollutant discharge elimination system (NPDES) permit program established by the federal Clean Water Act and the Porter-Cologne Water Quality Control Act. A person who discharges waste into the waters of the state in violation of waste discharge requirements, or other order or prohibition issued by a regional board or the state board, is required upon the order of that regional board or the state board, to clean up the waste or to abate the effects of the waste. The act authorizes the state board or a regional board to issue a cleanup or abatement order. This bill would require the state board and the regional boards, by January 1, 2009, to implement a program for the control of discharges of preproduction plastics from point and nonpoint sources, including waste discharge, monitoring, and reporting requirements that at a minimum, target facilities that handle preproduction and nonpoint sources involved in the transfer of preproduction plastic, and the implementation of specified best management practices for the control of discharges of preproduction plastic. The state board would be required, when developing the program, to consult with regional boards with plastic manufacturing, handling, and transportation facilities that have already voluntarily implemented a program to control discharges of preproduction plastic. The state board would also be required to establish criteria for submittal of the no exposure certification by certain plastic manufacturing and processing facilities. A plastic manufacturing and process facility that is given a no exposure certification would not be required to implement the best management practices if all manufacturing, loading, unloading, and storage activities occur within the certified facility, unless required by the state board or a regional board. The state board would be required to establish a fee schedule sufficient to pay for the costs of implementing and administering the program. Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: http://info.sen.ca.gov/pub/07-08/bill/asm/ab_0251-0300/ab_258 bill_20070601_amended_asm v97.html 6/26/2007 AB 258 Assembly Bill - AMENDED Page 2 of 4 SECTION 1. The Legislature finds and declares all of the following: (a) The increasing problem of marine debris is harmful to marine resources, particularly species that ingest or become entangled in floating debris. (b) Plastic is the most common type of marine debris, comprising up to 90 percent of floating marine debris. (c) The problem of plastic marine debris is increasing in California and the North Pacific Gyre, where densities of microplastics have tripled during the last decade. (d) Plastics are especially harmful to the marine environment due to plastics' nondegradable qualities. (e) Thermoplastic resin pellets, commonly known as "nurdles, " plastic powders, and production scrap, all of which have been mistaken as food by marine life, are a significant source of beach pollution. One survey conducted in the summer of 1998 estimated that over 100 million nurdles were polluting Orange County beaches alone. This represented over 98 percent of all the pollution collected in terms of abundance and 17 percent in terms of weights. (f) Plastics can contain potentially harmful constituents such as phthalates, bisphenol A, styrene, perfluorooctanoic acid, vinyl chloride, and flame retardants. (g) Nurdles have been shown to adsorb chemicals from ambient seawater. Concentrations of pollutants, such as polychlorinated biphenyls and dichlorodiphenyldichloroethylene have been found to be up to one million times higher on nurdles than levels detected in surrounding seawater. (h) Approximately 60 billion pounds of nurdles are manufactured annually in the United States alone. (i) The presence of resin pellets is not unique to United States beaches and waters. Studies have shown an international proliferation of nurdles in the marine environment. (j) Plastic and other debris litter our beaches and represent a threat to California's $46 billion ocean-dependent, tourism-oriented economy, and in certain circumstances may pose a public health threat. (k) State and local agencies spend millions of dollars per year in litter collection. (1) The majority of trash capture best management practices, such as catch basin inserts, are not designed to capture nurdles. The typical mesh in a catch basin insert is five millimeters while the nurdles diameter is one to two millimeters. (m) A coordinated effort among state agencies is necessary to create a comprehensive response to reduce the harmful effects of marine debris. (n) Increased control over industrial discharges will reduce the amount of plastics entering the aquatic environment. (o) Eliminating marine debris from the world's oceans is a universal goal for government, industry, businesses, and individuals. SEC. 2 . Chapter 5.2 (commencing with Section 13367) is added to Division 7 of the Water Code, to read: CHAPTER 5.2. PLASTIC DEBRIS ERADICATION PROGRAM 13367. (a) For purposes of this chapter, "preproduction plastic" includes plastic pellets, plastic resin products, powdered coloring for plastics, plastic additives, and plastic fragments. (b) (1) The state board and the regional boards shall implement a program to control discharges of preproduction plastic from point and nonpoint sources. (2) The state board, when developing this program, shall consult with any regional board with plastic manufacturing, handling, and http://info.sen.ca.gov/pub/07-08/bill/asm/ab_0251-0300/ab_258 bill_20070601_amended_asm_v97.html 6/26/2007 AB 258 Assembly Bill - AMENDED Page 3 of 4 transportation facilities located within the regional board's jurisdiction that has already voluntarily implemented a program to control discharges of preproduction plastic. (c) The program control measures shall, at a minimum, include waste discharge, monitoring, and reporting requirements that target facilities that handle preproduction plastic and nonpoint sources involved in the transfer of preproduction plastics. (d) The program shall, at a minimum, require plastic manufacturing, handling, and transportation facilities to implement best management practices to control discharges of preproduction plastics. (e) At a minimum, the best management practices shall include all of the following: (1) Zero loss containment systems shall be installed at all storm drains that are down-gradient of areas where preproduction plastic is present or transferred. A zero loss containment system is defined as a device or series of devices that traps all particles retained by a one millimeter mesh screen and has a design treatment capacity of not less than the peak flowrate resulting from a one-year, one-hour storm in the subdrainage area. (2) At all points of transfer, preproduction plastic shall be received in completely sealed containers. The container shall be watertight and durable enough so as not to rupture under typical loading and unloading activities. (3) At all points of preproduction plastic storage and transfer, preproduction plastic shall be stored in a manner that prevents discharge. Storage containers must be sealed, watertight, and durable enough so as not to rupture under typical loading and unloading activities. (4) At all points of storage and transfer of preproduction plastic, capture devices shall be in place under all transfer valves and devices used in loading, unloading, or other transfer of preproduction plastic. (5) A facility shall have a vacuum system available for quick cleanup of fugitive preproduction plastic. (f) The state board shall establish criteria for submittal for the no exposure certification requirement by plastic manufacturing and process facilities subject to the national pollutant discharge elimination system permitting requirements pursuant to Section 122.26 of Title 40 of the Code of Federal Regulations and the no exposure certification requirements pursuant to Section 122 .26 (g) of Title 40 of the Code of Federal Regulations. (1) The criteria shall include specific procedures, controls, and best management practices necessary to achieve the zero discharge of preproduction plastic from facilities manufacturing and processing preproduction plastics. (2) The no exposure certification shall be required annually. (3) "No exposure" means that all industrial materials and activities are protected by a storm resistant shelter to prevent exposure to rain, snow, snowmelt, or runoff. Industrial materials and activities include, but are not limited to, material handling equipment or activities, industrial machinery, raw materials, intermediate products, byproducts, and final products, or waste products. Material handling activities include storage, loading and unloading, transportation, or conveyance, of a raw material, intermediate product, byproduct, final product, or waste product. (g) If a plastic manufacturing and processing facility is given a no exposure certification and all manufacturing, loading, unloading, and storage activities occur within the certified no exposure facility, the facility is not required to implement the best management practices pursuant to subdivision (d) , unless required by the state board or the regional boards. (h) The state board shall establish a fee schedule sufficient to pay for the costs of implementing and administering the program http://info.sen.ca.gov/pub/07-08/bill/asm/ab_0251-0300/ab_258_bill_20070601_amended asm v97.html 6/26/2007 AB 258 Assembly Bill - AMENDED Page 4 of 4 established under this chapter. (i) The state board and the regional boards shall implement this chapter by January 1, 2009. (j) Nothing in this chapter limits the authority of the state board or the regional boards to establish requirements in addition to the best management practices for the elimination of discharges of preproduction plastic. http://info.sen.ca.gov/pub/07-08/bill/asm/ab_0251-0300/ab_258_bill_20070601_amended asm v97.html 6/26/2007 1WN RESOLUTION NO. 2007-41 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH SUPPORTING THE STATE OF CALIFORNIA BUDGET ALLOCATION OF PROPOSITION 1 B FUNDS IN 2007-08 WHEREAS, the voters of California passed Proposition 113 ($19.9 billion transportation bond) in November 2006, and were promised$2 billion would be used to improve local streets, roads and other priority local transportation projects; and California's cities are ready to begin work on local traffic safety repairs, congestion relief, fixing crumbling roads, improving mass transit and other local transportation improvement projects; and According to a League of California Cities' survey, cities have numerous local projects that can put the city-share of the $1 billion in local street and road moneys to use right away for the benefit of citizens and businesses; and Cities need sufficient Proposition i B funds allocated this year to begin work on local transportation projects that are ready to go. Early allocation of these funds will allow projects to get underway immediately and will prevent unnecessary delays; and Some Proposition 1B projects will take years or even decades to complete, many City transportation improvement projects are ready to get off the drawing board and into construction right away, demonstrating to voters that the state and local governments are making good on their promise to spend bond funds in a timely and responsible manner; and Local streets and roads are a critical component to a seamless transportation network, such as the mobility of California residents, the transport of goods and services, and the strength of our economy; and Since cities will not receive any Proposition 42 (gasoline sales tax) funds for local streets and roads during the 2007-08 year, Proposition I funds will allow projects already underway to continue without interruption; and An untimely or inadequate allocation of Proposition 1B funding this year would unnecessarily cause project delays of up to one year and limit the construction of many mid-and large-sized projects that are otherwise ready to go; 97-1129/11815 1 Resolution No. 2007-41 NOW, THEREFORE, BE IT RESOLVED BY THE City Council of the City of Huntington that we hereby urge the Legislature and Governor to appropriate $1 billion in Proposition i B Funds out of the 2007-08 State Budget to fund vital local street and road repairs in California cities. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 2nd day of '1111 y , 2007. Mayo REVIEWED AND APPROVED: INITIAT APP OVED: Pity Adm nistrator r Deputy City Admi ator-Development Services APPROVED AS TO FORM: TityyAttorney 97-1129/11815 2 Res. No. 2007-41 STATE OF CALIFORNIA COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, JOAN L. FLYNN the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing resolution was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council at a regular meeting thereof held on the 2nd day of July, 2007 by the following vote: AYES: Bohr, Carchio, Cook, Coerper, Green, Hansen, Hardy NOES: None ABSENT: None ABSTAIN: None Cif/Clerk and ex-officio Jerk of the City Council of the City of Huntington Beach, California ig �WE i 3 / L,M ''. .. i SCA 12 Senate Constitutional Amendment - AMENDED Page 1 of 2 BILL NUMBER: SCA 12 AMENDED BILL TEXT AMENDED IN SENATE JUNE 18, 2007 INTRODUCED BY Senators Torlakson and Yee ( Coauthor: Senator Kuehl J MAY 21, 2007 A resolution to propose to the people of the State of California an amendment to the Constitution of the State, by amending Section 6 of Article XIII D thereof, relating to local government finance. LEGISLATIVE COUNSEL'S DIGEST SCA 12, as amended, Torlakson. Local government: property-related fees. The California Constitution, with the exception of fees or charges for sewer, water, and refuse collection services, conditions the imposition or increase of a property-related fee or charge upon approval by either a majority vote of the owners of the properties subject to the fee or charge or, at the option of the agency imposing the fee or charge, by a 2/3 vote of the voters residing in the area affected by the fee or charge. This measure would additionally exclude fees and charges for stormwater and �r „•„*oac dralpage I urban runoff management from these approval requirements for the imposition or increase of a property-related fee or charge. Vote: 2/3 . Appropriation: no. Fiscal committee: no. State-mandated local program: no. Resolved by the Senate, the Assembly concurring, That the Legislature of the State of California at its 2007-08 Regular Session commencing on the fourth day of December 2006, two-thirds of the membership of each house concurring, hereby proposes to the people of the State of California, that the Constitution of the State be amended as follows: That Section 6 of Article XIII D thereof is amended to read: SEC. 6. Property Related Fees and Charges. (a) Procedures for New or Increased Fees and Charges. An agency shall follow the procedures pursuant to this section in imposing or increasing any fee or charge as defined pursuant to this article, including, but not limited to, the following: (1) The parcels upon which a fee or charge is proposed for imposition shall be identified. The amount of the fee or charge proposed to be imposed upon each parcel shall be calculated. The agency shall provide written notice by mail of the proposed fee or charge to the record owner of each identified parcel upon which the fee or charge is proposed for imposition, the amount of the fee or charge proposed to be imposed upon each, the basis upon which the amount of the proposed fee or charge was calculated, the reason for the fee or charge, together with the date, time, and location of a public hearing on the proposed fee or charge. (2) The agency shall conduct a public hearing upon the proposed fee or charge not less than 45 days after mailing the notice of the proposed fee or charge to the record owners of each identified parcel upon which the fee or charge is proposed for imposition. At the public hearing, the agency shall consider all protests against the http://info.sen.ca.gov/pub/07-08/bill/sen/sb_0001-0050/sca 12_bill_20070618_amended_sen v98.html 6/26/2007 SCA 12 Senate Constitutional Amendment - AMENDED Page 2 of 2 proposed fee or charge. If written protests against the proposed fee or charge are presented by a majority of owners of the identified parcels, the agency shall not impose the fee or charge. (b) Requirements for Existing, New or Increased Fees and Charges. A fee or charge shall not be extended, imposed, or increased by any agency unless it meets all of the following requirements: (1) Revenues derived from the fee or charge shall not exceed the funds required to provide the property related service. (2) Revenues derived from the fee or charge shall not be used for any purpose other than that for which the fee or charge was imposed. (3) The amount of a fee or charge imposed upon any parcel or person as an incident of property ownership shall not exceed the proportional cost of the service attributable to the parcel. (4) No fee or charge may be imposed for a service unless that service is actually used by, or immediately available to, the owner of the property in question. Fees or charges based on potential or future use of a service are not permitted. Standby charges, whether characterized as charges or assessments, shall be classified as assessments and shall not be imposed without compliance with Section 4. (5) No fee or charge may be imposed for general governmental services including, but not limited to, police, fire, ambulance or library services, where the service is available to the public at large in substantially the same manner as it is to property owners. Reliance by an agency on any parcel map, including, but not limited to, an assessor's parcel map, may be considered a significant factor in determining whether a fee or charge is imposed as an incident of property ownership for purposes of this article. In any legal action contesting the validity of a fee or charge, the burden shall be on the agency to demonstrate compliance with this article. (c) Voter Approval for New or Increased Fees and Charges. Except for fees or charges for sewer, water, stormwater and e urban runoff management , or refuse collection services, a property-related fee or charge shall not be imposed or increased unless and until that fee or charge is submitted and approved by a majority vote of the property owners of the property subject to the fee or charge or, at the option of the agency, by a two-thirds vote of the electorate residing in the affected area. The election shall be conducted not less than 45 days after the public hearing. An agency may adopt procedures similar to those for increases in assessments in the conduct of elections under this subdivision. (d) Beginning July 1, 1997, all fees or charges shall comply with this section. http://info.sen.ca.gov/pub/07-08/bill/sen/sb_0001-0050/sca 12_bill_20070618_amended_sen v98.htm1 6/26/2007 / IN y AB 1597 Assembly Bill - AMENDED Page 1 of 3 BILL NUMBER: AB 1597 AMENDED BILL TEXT AMENDED IN ASSEMBLY MAY 29, 2007 AMENDED IN ASSEMBLY APRIL 10, 2007 INTRODUCED BY Assembly Member nazi^@ Solorio ( Principal coauthor: Assembly Member Silva ) FEBRUARY 23, 2007 dada QQQ 042 c t �H° q An a c t to �����p�-�-��11e�� tQ ^e- ^ add Section 26603 to the Government Code, relating to counties. LEGISLATIVE COUNSEL'S DIGEST AB 1597, as amended, T_'; Solorio I1aQQ@a444$o;gg. Counties: sheriffs' duties: coastline, harbors, and inland waterways. Existing law requires each county in this state to have an elected sheriff. The sheriff is required to, among other things, preserve peace, as specified. The California Constitution provides that a city may make and enforce within its limits all local, police, sanitary, and other ordinances and regulations that are not in conflict with general laws. Existing law also requires the sheriff of each county to give all possible aid and assistance to vessels stranded on its coast and to the persons on board, as specified. This bill would provide that the Sheriff of the County of Orange is the sole and exclusive authority to provide security and safety for the coastlines, harbors, and inland waterways in that county. By requiring the sheriff to provide the law enforcement services for the coastlines, harbors, and inland waterways in the county regardless of the jurisdiction of the areas concerned, the bill would impose a state-mandated local program. 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. t.rz.t,.�l - . *__--e e:iae :ix^v—^e^ez8^v3� {014@theap or- 14@4 agtt Rq 4AR 8-r- ii4ti{aldat@, a erg with, 14 10 Igge @m6iggv}8v ^vz anq g '�@i4t 09 Anzg}r91}t, @LQ—p h4m. Lamp 14e4; by W40 s9 thisstate@LQ b5I toe �e s�4� �4 e a Iagtka@ J144 al-e0��ar. �aesa e.e of eia-Qg FaorQ$ Q;W e e e� ,haa;, .as per; eF i 4@t 1 -,--e --as} ��ye s a-a te= 19ased-4-1;. Q- par-a 4AE GO ae 4-A4sr���a� .4.7e t. �l ;t� e^v e^, �eL• •ieT6�}�}6F�� 66�G1ia�8 �6 �e1�}8 � 6•�' h1£�}' h6}' aeQ^v^ s��is=:'� s:—va---_9 @ W_Q @ R Q}' 44 e e ..f'_ Qi -ery t ki a lg}'�QY'�6v ••�-ve—v:aY' vv^v}'1£vl •,,a that €4 3 6}'—W�A dR e4_J_1;A to me Gloa@ seGhall Ibe „� ; } 40 ,a; . Gila!; ^};,, A, , i@ W 1, , ., o.,, ee 8"^' 88eex eeZ—e::^e xaii e s :e eee6�� a�6�6"��tkat 6mplAyB k}m A&-46-r-r Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: —o- yes . http://info.sen.ca.gov/pub/07-08/bill/asm/ab_1551-1600/ab_1597 bill_20070529_amended_asm_v97.html 6/26/2007 AB 1597 Assembly Bill - AMENDED Page 2 of 3 THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. It is the intent of the Legislature that the Sheriff of the County of Orange as the chief law enforcement officer of the county, shall have the sole and exclusive authority for the security and safety of the county's coastlines, harbors, and inland waterways. SEC. 2. Section 26603 is added to the Government Code , to read: 26603. (a) Notwithstanding any other provision of law, the Sheriff of the County of Orange shall be the sole and exclusive authority to provide security and safety for the county's coastlines, harbors, and inland waterways. (b) Nothing in this section shall preclude the Sheriff of the County of Orange from granting authorization for another law enforcement or public safety entity to provide contract security and safety services along coastlines and inland waterways within the sheriff's area or areas of jurisdiction. This section shall not be construed to cancel or otherwise modify any agreement, contract, or service arrangement already in place prior to January 1, 2008. SEC. 3. The Legislature finds and declares that, because of the unique circumstances applicable to the County of Orange, a statute of general applicability cannot be enacted within the meaning of subdivision (b) of Section 16 of Article IV of the California Constitution, and, therefore, this special statute is necessary. SEC. 4. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district are the result of a program for which legislative authority was requested by that local agency or school district, within the meaning of Section 17556 of the Government Code and Section 6 of Article XIII B of the California Constitution. S s.� Qs; 1. &QGtiAQ 822.cl IR s�setska, , @n1th@tr .,h; ,e d;At based it; wl;Q a 9i' 114part bkilen nQ; ; a, , 1 . Qa; 9La, ,F' s astjAal er dlsala! 1114 , gender ^s^sa, e5" ,-aee e,., -4-1—ie't5c, Q1191 li}, r.@;;;4aj ON 0aa 1;i P- w4m4k a-1par-@i4 or- @'Ajp w1tia R O 6� F11e�9 e� ��3e66 �£44 @ p (JR) Ar,, e e f f-i eeac-w ia—Is e4!ii d tit@ @91t et,--!.R*g^};,,^ GL= rer^; ae€gee a , �iv�e�a�(-eTw i �e .14kty 1r. se'eTQrt a^v e`aeis�s^iZe l -'ar�ae��ai} ®Y' E k6F11' s6a� �'e13r'ate 6 a�17 ee€e��e A�feie}� tual; pIE,yr. him Gag � aqial�— y y si Q!1;AG1es a&6=QQvacy pia"', of 14@ 1e4.1*14- tal, Q9flge,- R4@@t}ice 11-, playa Q:E wer-s14ii, jgLZ!as e 4 vat, , j@Wpla6 €ea;sgia tl4at has, e e . ,e .,, . e e \vve--eryr�$�aim s e s �£4^v�-14 £�ii;3 446ii4taldi r.-.h; , ;F,. i4 .,h.,r.;g-,, Seet-I Lon a9 }he � ei�6�6 " iil6ai�6 66�G, ai}� 111"7 e 1 ^ .,,ae,- r, Vie. aeY o, yea ,��e ai}ea ai}� �aea3e �Ire� a er-i}et .,�„,..e.-.i-. E � "6"sett�elJ—�i}e;!1 GJ66� t ,,� F , te,J ti1g �. http://info.sen.ca.gov/pub/07-08/bill/asm/ab_1551-1600/ab_1597 bill_20070529_amended asm v97.html 6/26/2007 AB 1597 Assembly Bill - AMENDED Page 3 of 3 ^ti"p^1PN 'ae^vp4abli6' age146'Z, !IbNaNy, ke�a�a� r.1W@j-eeU Q9 the FaT-� 19�6�^ -Z^e�a�Yi }av9oleea^se--e '�A�va• l L e h� Q ..}, -,},":^r,•, 'ws �''� ee 6aea6e 'ii �a6� A� Si��6"'aii�w6, S�T}ii6��6Y 61�' •-•} •-•�-L•" 1-4 L^e.�"v ev ova as "'ee6e evv a 6eeeemsa^e�a� �a6�AY' �� �T'�F��r��—a}3Aliis ��6 1-4 1-, m� Q4= �ee� nrTar, a, 4 eyn v�xeee�e^v^v ^vse�866 �g^� 66Si �z-j' E�t61 ��} 31 a � "nevi al, ^�"6�66 all as�esks�� e�i�ieti�6 �aelie€ ^s6^v" 'a^^vv� ^QZsse:^vase^v ee^a s^^l"a66 aTj�A6�,�6�6Fi! a�� a��?6' 6itl "�'6 iF,ei a��^Y�A��e^r�8s '�Ri6�ssev��s^vrrei�es�1�T•T�Ad�is^$^v�ii�e^s�1�T -- lT http://info.sen.ca.gov/pub/07-08/bill/asm/ab_1551-1600/ab_1597_bill_20070529_amended asm v97.html 6/26/2007 �:�, x � , g > �y��, �g��: ����{ { �) �/�z ���� D ' i � % / �% ��ƒ ����\ . w _ ' . . 2 © .: . . �. .� . . + ��» w 2: � s � � . . : e \ � \ �� / � .. � . _� . d�± �� :— � ®�/ � � . g © . ���. .. . s »» ���: �, �� v » �< � «> _�« % <�2 » �� A » 2} : i % - \ �} \ D :..> .. �: : :, . � > . .a . a : . � . : :� ? ... �� ��( :e, . . ���c �» �� �� ���m � �( > . . _�.�. .:�: ������� ����'����� �« ��© ��\ \ ����1 ���: �m�m. �! . .. . �i��: �. ��. . � ��: . ��« . .�a ��} : AB 1355 Assembly Bill - INTRODUCED Page 1 of 2 BILL NUMBER: AB 1355 INTRODUCED BILL TEXT INTRODUCED BY Assembly Member Houston FEBRUARY 23, 2007 An act to add Section 26603 to the Government Code, relating to counties. LEGISLATIVE COUNSEL'S DIGEST AB 1355, as introduced, Houston. Counties: sheriffs ' duties: coastline, harbors, and inland waterways. Existing law requires each county in this state to have an elected sheriff. The sheriff is required to, among other things, preserve peace, as specified. Existing law also requires the sheriff of each county to give all possible aid and assistance to vessels stranded on its coast, and to the persons on board, as specified. This bill would specify that the sheriff of each county is the sole and exclusive authority to provide security and safety for the coastlines, harbors, and inland waterways, if any, as specified, except in counties that, prior to July 1, 2008, have vested the duties associated with the security and safety of the county's coastlines, harbors, and inland waterways to a law enforcement or public safety entity other than the sheriff. Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. The Legislature hereby finds and declares all of the following: (a) Given the importance of protecting against acts of terrorism, and providing cohesive and unambiguous protection to the citizens of the state's counties, the security of county coastlines, harbors, and inland waterways, and the corresponding safety of these vulnerable state border areas, is of statewide and nationwide concern. (b) It is the intent of the Legislature that the sheriff of each county in this state, as the chief law enforcement officer of the county, shall have the sole and exclusive authority for the security and safety of the county' s coastlines, harbors, and inland waterways. SEC. 2 . Section 26603 is added to the Government Code, to read: 26603 . (a) Notwithstanding any other provision of law, the sheriff shall be the sole and exclusive authority to provide security and safety for the county' s coastlines, harbors, and inland waterways, if any, except in counties that, prior to July 1, 2008, have vested the duties associated with the security and safety of the county's coastlines, harbors, and inland waterways to a law enforcement or public safety entity other than the sheriff. (b) Nothing in this section shall preclude a sheriff from granting authorization for another law enforcement or public safety entity to provide contract security and safety services along coastlines and inland waterways within the sheriff's area or areas of jurisdiction. This section shall not be construed to cancel or otherwise modify any agreement, contract, or service arrangement already in place prior to January 1, 2008. (c) It is the intent of the Legislature that this section apply to http://info.sen.ca.gov/pub/07-08/bill/asm/ab_13 51-1400/ab_13 55_bill_20070223_introduced.html 6/26/2007 AB 1355 Assembly Bill - INTRODUCED Page 2 of 2 all counties in this state, both general law and charter. (d) For purposes of this section, "coastline" means the boundary of the state which is described as running in a northwesterly direction and following the direction of the Pacific Coast to the 42nd degree of north latitude and including all the islands, harbors, and bays along and adjacent to the coast, as defined in Section 170. http://info.sen.ca.gov/pub/07-08/bill/asm/ab_1351-1400/ab_1355_bill_20070223_introduced.html 6/26/2007 RCA ROUTING SHEET INITIATING DEPARTMENT: Administration SUBJECT: Intergovernmental Relations Recommendations COUNCIL MEETING DATE: July 2, 2007 TATUS R{'+A ATTAC HM ENTS Ordinance (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable Resolution (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable Tract Map, Location Map and/or other Exhibits Attached ❑ Not Ap licable Contract/Agreement (w/exhibits if applicable) Attached ❑ (Signed in full by the City Attome ) Not Applicable Subleases, Third Party Agreements, etc. Attached ❑ (Approved as to form by City Attorney) Not Applicable Certificates of Insurance (Approved by the City Attorney) Attached ❑ Not Ap licable Fiscal Impact Statement (Unbudgeted, over$5,000) Attached ❑ Not Applicable Bonds (If applicable) Attached ❑ Not Ap licable Staff Report (If applicable) Attached ❑ Not Applicable Commission, Board or Committee Report (If applicable) Attached ❑ Not Ap licable Findings/Conditions for Approval and/or Denial Attached ❑ Not Applicable . E 0LANATIQf� 0kC ISS,tNt ATT CH EA TS' ... . . _ ,. Rtirb EQ :FOR"W�ARDED Administrative Staff Assistant City Administrator Initial City Administrator initial City Clerk EXPLANATIEN,FOR RETURN OF.ITEM: Y . -. ,. �. .. -:t . (Below • . • Only) RCA Author: Dapkus