HomeMy WebLinkAboutCity Council Position on Legislation Pending before the Stat (15) ITEMS A,C, arld _b
y f}PPi�2UVED 7-0 ;
TEJL!
,y r3 APPiQaVEb (a_/
� City of Huntington Beach C PV5&
File #: 19-660 MEETING DATE: 6/3/2019
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Lori Ann Farrell Harrison, Interim City Manager
PREPARED BY: Antonia Graham, Assistant to the City Manager
Subiect:
City Council Position on Legislation Pending Before the State Legislature as Recommended
by the City Council Intergovernmental Relations Committee (IRC)
Statement of Issue:
On May 22, 2019 the Intergovernmental Relations Committee (IRC) comprised of Mayor Erik
Peterson, Mayor Pro Tern Lyn Semeta, and City Council Member Jill Hardy met to discuss pending
Federal and State legislation. This Council Action authorizes the Mayor to sign official City position
letters.
Financial Impact:
There is no fiscal impact.
Recommended Action:
A) Approve a City position of Support if Amended on Assembly Bill 552 (Stone): Coastal
Adaptation, Access and Resilience Program; and,
B) Approve a City position of Support on Assembly Bill 1718 (Levine): State Coastal Beaches
Smoking Ban and Senate Bill 8 (Glazer): State Parks: State Coastal Beaches: Smoking Ban;
and,
C) Approve a City position of Oppose on Assembly Bill 1184 (Garcia): Public Records: Writing
Transmitted by Electronic Mail: Retention; and,
D) Approve a City position of Oppose on Assembly Bill 516 (Chiu): Authority to Remove Vehicles;
and,
E) Approve a City position of Oppose on Assembly Bill 1356 (Ting): Cannabis: Local
Jurisdictions: Retail Commercial Cannabis Activity.
Alternative Action(s):
City of Huntington Beach Page 1 of 4 Printed on 5/30/2019
powered by LegistarTM,
File #: 19-660 MEETING DATE: 6/3/2019
Do not approve and direct staff accordingly.
Analysis:
The Intergovernmental Relations Committee (IRC) met to discuss pending Federal and State
legislation on May 22, 2019. The Committee reviewed the 2019 State Legislative Matrix provided by
the City's Federal and State Advocate Townsend Public Affairs. The following is an analysis of the
bills that the Committee chose to take the following positions on.-
SUPPORT If Amended - Assembly Bill 552 (Stone): Coastal Adaptation, Access, and
Resilience Program
This bill would establish the Coast Adaptation, Access, and Resiliency Program to help
address the rising sea levels and coastal climate change. The program and related funds
would be administered through a variety of state agencies, including the California Coastal
Commission, Natural Resources Agency, and Ocean Protection Council. These agencies
would be tasked with receiving funds and taking actions consistent with state guidelines and
recommendations.
As a coastal zone city with mineral extraction leases on state tide and submerged lands, the
City understands the need for resources to protect our community against rising sea levels.
While this bill is a good first step in providing funding for cities, this bill would better serve our
City if the funds were made directly available to us instead of provided through a laborious
grant program with no guarantee of funding. This type of funding should be provided to cities
based on their partnerships and proximity to mineral extraction leases.
➢ SUPPORT -Assembly Bill 1718 (Levine) - State Coastal Beaches Smoking Ban
SUPPORT - Senate Bill 8 (Glazer) State Parks: Coastal Beaches Smoking Ban
Both bills would prohibit smoking and the disposal of smoking products on state beaches and
would make these violations an infraction punishable by a fee of up to $25. It would also
require the Department of Parks and Recreation to post signs to provide notice of the smoking
ban. The City believes this bill would result in fewer cigarette butts and other smoking products
left on our City beaches through consistency in regulations. Currently, the City does not allow
smoking on our municipal beaches and hopes that through this bill, smoking will also be
banned on adjacent State beaches.
Trash and waste on any of our beaches is a constant concern for the City, and smoking
products are one of the most common types of trash that are found. Additionally, smoking on
beaches bothers other patrons and disrupts the experience for others. Given the number of
wildfires throughout the state over the past several years, cities and state governments should
pursue sensible policies that reduce the risk of wildfires, protects local wildlife, and keeps our
open spaces clean and healthy for everyone.
➢ OPPOSE - Assembly Bill 1184 (Gloria) - Public Records: Writing Transmitted by
Electronic Mail: Retention
The City supports the goal of public transparency in local governments. However, the
restrictions provided in AB 1184 are too demanding. Currently, local governments are
permitted to destroy or to dispose of duplicate records that are less than two years old when
they are no longer required by the public agency. Changing this to force public agencies to
City of Huntington Beach Page 2 of 4 Printed on 5/30/2019
powered by Legistar—
File #: 19-660 MEETING DATE: 6/3/2019
keep all electronic correspondence regardless of what it is for two years will be costly and
logistically challenging. The City should be allowed to determine what information it keeps, in
compliance with the Public Records Act, and should be able to maintain their local control to
adopt their own records retention policies.
➢ OPPOSE - Assembly Bill 516 (Chiu) - Authority to Remove Vehicles
AB 516, which would prohibit local peace officers from towing vehicles for parking violations,
abandoned use, or expired vehicle registrations. This bill would impede the ability of cities to
take basic public safety actions to protect our communities.
This bill seeks to prohibit law enforcement and cities from unlawfully towing vehicles that have
registered offenses or violations. It eliminates the ability for cities to adequately enforce both
state and local laws and diminishes a city's right to local control. Specifically, this bill would
eliminate the ability for cities and law enforcement to 1) immobilize or place a boot on a
vehicle for motorists who ignore paying five or more parking tickets, 2) remove vehicles with
expired registration that are operating illegally, and 3) remove vehicles in violation of parking
times.
While the City recognizes the inconvenience for individuals to have their vehicles towed, cities
are obligated to enforce state and local laws that ensure basic public safety. Moreover, cities
should not have their right to local control and governance diminished by unnecessary
regulations from Sacramento. This legislation takes a broad, sweeping approach to vehicle
removal that usurps our City's standard practice that has long been in effect.
➢ OPPOSE - Assembly Bill 1356 (Ting) - Cannabis: Local Jurisdictions: Retail Commercial
Cannabis Activity
AB 1356 would require the City to permit and allow retail cannabis operations within the City
despite the protections given explicitly by the Legislature and the voters through various
means.
Existing law, under both the Medicinal and Adult-Use Cannabis Regulation and Safety Act
(MAUCRSA) and Proposition 64, states that localities have the ability to adopt and enforce
local ordinances to regulate cannabis businesses. By removing local governments' ability to
regulate brick and mortar retail cannabis shops, AB 1356 undermines the foundation of local
control and thereby negates the primary purpose of California's established dual licensing
structure.
Further, it is irresponsible to base the number of allowable cannabis permits on the number of
liquor licenses in a city's jurisdiction. These two industries and the access that residents have
to each are widely unrelated and would impose arbitrary and random benchmarks and
minimums for cannabis in communities. Land use regulatory authority, including ordinances
that would regulate controversial industries, should stay with local governments just as the
MAUCRSA and Proposition 64 intended.
In addition to legislation, the Committee began a discussion on the City's existing Board and
Commissions. The Committee will continue to discuss the role of Boards Task Forces and
City of Huntington Beach Page 3 of 4 Printed on 5/30/2019
powered by LegistarT",
File #: 19-660 MEETING DATE: 6/3/2019
Commissions at a subsequent meeting and any actions taken will be brought forth to the City Council
for consideration thereafter.
Environmental Status:
Not Applicable.
Strategic Plan Goal:
Enhance and maintain high quality City services
Attachment(s):
1. Assembly Bill 552
2. Assembly Bill 1718
3. Assembly Bill 1184
4. Assembly Bill 516
5. Assembly Bill 1356
6. Senate Bill 8
City of Huntington Beach Page 4 of 4 Printed on 5/30/2019
powered by Legistar``J
ATTACHMENT # 1
AMENDED IN ASSEMBLY APRIL 30, 2019
AMENDED IN ASSEMBLY APRIL 22, 2019
AMENDED IN ASSEMBLY APRIL 1, 2019
AMENDED IN ASSEMBLY MARCH 14, 2019
CALIFORNIA LEGISLATURE-2019-20 REGULAR SESSION
ASSEMBLY BILL No. 552
Introduced by Assembly Member Mark Stone
February 13, 2019
An act to amend Section 6217 of, and to add Division 20.8
(commencing with Section 30990) to, the Public Resources Code,
relating to coastal resources.
LEGISLATIVE COUNSEL'S DIGEST
AB 552, as amended, Mark Stone. Coastal resources: Coastal
Adaptation,Access, and Resilience Program.
(1) Existing law vests with the State Lands Commission jurisdiction
over specified public lands in the state, including tidelands and
submerged lands. The California Coastal Act of 1976 also establishes
the California Coastal Commission and requires the commission to
regulate development in the coastal zone, as defined. Existing law
creates the Integrated Climate Adaptation and Resiliency Program to
be administered by the Office of Planning and Research, and requires
the Director of State Planning and Research, no later than January 1,
2017, to establish the program to coordinate regional and local efforts
with state climate adaptation strategies to adapt to the impacts of climate
change, as specified.
95
AB 552 —2—
This bill would establish the Coastal Adaptation, Access, and
Resilience Program for the purpose of funding specified activities
intended to help the state prepare,plan,and implement actions to address
and adapt to sea level rise and coastal climate change. The bill would
create the Coastal Adaptation,Access, and Resilience Fund in the State
Treasury, and would authorize the California Coastal Commission and
specified state agencies to expend moneys in the fund, upon
appropriation in the annual Budget Act,to take actions, based upon the
best scientific information, that are designed to address and adapt to
sea level rise and coastal climate change, as prescribed. The bill would
require the Natural Resources Agency to annually make available
information regarding any activity funded under the program on a
publicly accessible internet website. The bill would also require the
Director of State Planning and Research to consider the program in its
administration of the Integrated Climate Adaptation and Resiliency
Program.
(2) Existing law requires the State Lands Commission,with specified
exceptions, to deposit all revenue, money, and remittances received by
the commission from certain state lands in the General Fund, and.
requires that sufficient moneys from those deposits be made available
each fiscal year for payments for expenditures of the commission,
specified payments to cities and counties pursuant to agreements
covering transferred lands,mineral rights, and oil and gas well removal
and remediation, as prescribed.
This bill would require, for the 2020-21 fiscal year and for each fiscal
year thereafter, an amount not less than 30% of thoseeys funds
received by the commission and required to be deposited into the
General Fund by the commission pursuant to those provisions, except
as provided, be transferred to the Coastal Adaptation, Access, and
Resilience Fund and made available, upon appropriation in the annual
Budget Act, for expenditure for purposes of the Coastal Adaptation,
Access, and Resilience Program.
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 6217 of the Public Resources Code is
2 amended to read:
95
—3— AB 552
1 6217. With the exception of revenue derived from state school
2 lands and from sources described in Sections 6217.6, 6301.5,
3 6301.6, and 6855, and Sections 8551 to 8558, inclusive, and
4 Section 6404 (insofar as the proceeds are from property that has
5 been distributed or escheated to the state in connection with
6 unclaimed estates of deceased persons), the commission shall
7 deposit all revenue, money, and remittances received by the
8 commission under this division, and under Chapter 138 of the
9 Statutes of 1964,First Extraordinary Session,in the General Fund.
10 Out of those moneys funds deposited in the General Fund,
11 sufficient moneys shall be made available each fiscal year for the
12 following purposes:
13 (a) Payment of refunds, authorized by the commission, out of
14 appropriations made for that purpose.
15 (b) Payment of expenditures of the commission as provided in
16 the annual Budget Act.
17 (c) Payments to cities and counties of the amounts specified in
18 Section 6817 for the purposes specified in that section, out of
19 appropriations made for that purpose.
20 (d) Payments to cities and counties of the amounts agreed to
21 pursuant to Section 6875, out of appropriations made for that
22 purpose.
23 (e) (1) For the 2018-19 fiscal year, the sum of two million
24 dollars ($2,000,000) shall be transferred to the Land Bank Fund
25 and, notwithstanding Section 8610, shall be available, upon
26 appropriation in the annual Budget Act, for the purpose of
27 implementing the commission's coastal hazard and legacy oil and
28 gas well removal and remediation program provided in Section
29 6212.
30 (2) For each fiscal year from the 2019-20 fiscal year to the
31 2027-28 fiscal year, inclusive, an amount sufficient to bring the
32 unencumbered balance of the Land Bank Fund available for the
33 purpose of implementing the commission's coastal hazard and
34 legacy oil and gas well removal and remediation program provided
35 in Section 6212 to two million dollars ($2,000,000) shall be
36 transferred to the Land Bank Fund and, notwithstanding Section
37 8610, shall be available, upon appropriation in the annual Budget
38 Act, for the purpose of implementing the commission's coastal
39 hazard and legacy oil and gas well removal and remediation
40 program provided in Section 6212.
95
AB 552 —4—
1 (f) For the 2020-21 fiscal year and for each fiscal year thereafter,
2 an amount not less than 30 percent of theme funds received
3 by the commission and required to be deposited in the General
4 Fund pursuant to this section, except for moneys transferred to the
5 Land Bank Fund pursuant to subdivision (e), shall be transferred
6 to the Coastal Adaptation, Access, and Resilience Fund, created
7 pursuant to Section 30992,and made available,upon appropriation
8 in the annual Budget Act, for expenditure for the purposes of
9 Division 20.8 (commencing with Section 30990).
10 SEC. 2. Division 20.8 (commencing with Section 30990) is
11 added to the Public Resources Code, to read:
12
13 DIVISION 20.8. COASTAL ADAPTATION,ACCESS,AND
14 RESILIENCE PROGRAM
15
16 30990. The Legislature finds and declares all of the following:
17 (a) The coast of California is a vital and invaluable natural
18 resource of statewide importance belonging to all the people, and
19 its preservation and accessibility by current and future generations
20 is of paramount concern to the residents of this state and nation.
21 (b) Burning nonrenewable fossil fuels that are extracted from
22 California's public lands and state tidelands contributes to global
23 climate change and sea level rise,which threatens the state's coastal
24 natural resources, human, plant, and animal communities, public
25 infrastructure, coastal tourism and recreational opportunities, and
26 the state's $50 billion coastal economy.
27 (c) Royalty revenue generated from leases authorizing the
28 extraction of nonrenewable resources on the state's trust lands
29 should be prioritized for planning, minimizing, and mitigating the
30 environmental impacts of those activities, including,but not limited
31 to, sea level rise and its impact on the accessibility of the coastline
32 by all Californians.
33 (d) Recent and ongoing studies and reports developed by the
34 state, universities, and other science-driven analyses illustrate that
35 California's coastal communities are not prepared for the coming
36 "new normal" of rising sea levels and that enhanced coastal
37 planning and management of coastal resources and development
38 continue to be of preeminent concern to the state.
39 (e) The current rate of global sea level rise calls for an urgent,
40 coordinated, statewide initiative to actively plan for adaptation
95
—5— AB 552
1 and mitigation strategies to address the inevitable economic and
2 environmental impacts of sea level rise in this state.
3 (f) Protection of coastal resources from sea level rise impacts
4 can provide additional valuable public benefits,including,but not
5 limited to, flood protection; improved water quality; habitat for
6 fish, shellfish, and wildlife; recreational opportunities; enhanced
7 quality of life; and increased property values.
8 (g) Maintaining a strong state coastal management program,
9 including comprehensive updates of existing planning documents,
10 is the most efficient, cost-effective, and practical method for
11 ensuring that statewide coastal management and climate change
12 policies are locally implemented and that unplanned and costly ad
13 hoc responses that risk more significant environmental and social
14 harm are avoided.
15 (h) In order for the state to maintain its strong coastal
16 management program and to plan and prepare comprehensively
17 for sea level rise in the face of a rapidly changing climate, it is
18 appropriate to allocate revenues from nonrenewable resource
19 royalties to purposes related to coastal resource protection and
20 management,including forward-thinking sea level rise and climate
21 change planning.
22 30991. The Coastal Adaptation, Access, and Resilience
23 Program is hereby established to fund activities intended to help
24 the state prepare,plan, and implement actions intended to address
25 and adapt to sea level rise and coastal climate change.
26 30992. (a) The Coastal Adaptation, Access, and Resilience
27 Fund, L.,.......1'+..r referredto as the fttn , Fund is hereby created in
28 the State Treasury. Moneys in the fund may be expended by the
29 California Coastal Commission, the Natural Resources Agency,
30 the Ocean Protection Council, the Department of Parks and
31 Recreation, the State Lands Commission, and the State Coastal
32 Conservancy,upon appropriation in the annual Budget Act,to take
33 actions, based upon the best scientific information, that are
34 designed to address and adapt to sea level rise and coastal climate
35 change, consistent with the guidelines and recommendations
36 contained in both of the following:
37 (1) The Fourth Climate Change Assessment released in
38 September 2018 and prepared by the Office of Planning and
39 Research, the State Energy Resources Conservation and
95
AB 552 —6—
1 Development Commission, and the Natural Resources Agency, or
2 the most recent update to the assessment.
3 (2) The "Safeguarding State Plan: 2018 Update" released in
4 January 2018 and prepared by the Natural Resources Agency, or
5 the most recent update to the plan.
6 (b) The Natural Resources Agency shall ensure that moneys
7 expended from theme Coastal Adaptation,Access, and Resilience
8 Fund are consistent with statewide or regional reports and studies
9 that rely upon the best available scientific information, including
10 approaches that prioritize natural infrastructure in accordance with
11 the objectives set forth in Section 71154.
12 (c) The Natural Resources Agency shall,on a publicly accessible
13 internet website, annually make available information regarding
14 any activity funded pursuant to this division.The information shall
15 include, at a minimum, all of the following information:
16 (1) The name of the agency, or agencies, to which funding was
17 allocated.
18 (2) A list of each activity funded with moneys from theme
19 Coastal Adaptation, Access, and Resilience Fund, including a
20 description of the purpose of each activity funded and its
21 relationship to relevant statewide reports or studies.
22 (3) The amount allocated for the activity.
23 (4) An anticipated timeline and total cost for completion of the
24 activity.
25 (d) All activities funded pursuant to this division shall be
26 consistent with, and incorporate, the environmental justice goals
27 set forth in Section 71110 of this code and Section 65040.12 of
28 the Government Code.
29 (e) In order to ensure that all communities and regions are able
30 to benefit from moneys made available for the purposes described
31 in this division, moneys may be utilized to provide technical
32 assistance and cover necessary and eligible planning costs.
33 (f) The Natural Resources Agency may,as necessary,coordinate
34 with the California Coastal Commission, the Ocean Protection
35 Council,the Department of Parks and Recreation, the State Lands
36 Commission, and the State Coastal Conservancy to compile data
37 on the outcomes and accomplishments of any activity funded
38 pursuant to this division and provide that data and information to
39 the relevant legislative committees.
95
—7— AB 552
1 (g) Pursuant to Section 71354, the Director of State Planning
2 and Research shall consider the Coastal Adaptation, Access, and
3 Resilience Program in its administration of the Integrated Climate
4 Adaptation and Resiliency Program (Part 4.5 (commencing with
5 Section 71350) of Division 34).
O
95
ATTACHMENT #2
CALIFORNIA LEGISLATURE-2019-20 REGULAR SESSION
ASSEMBLY BILL No. 1.718
Introduced by Assembly Member Levine
(Coauthor:Assembly Member Gonzalez)
(Coauthor: Senator Glazer)
February 22, 2019
An act to add Section 5008.91 to the Public Resources Code,relating
to state parks.
LEGISLATIVE COUNSEL'S DIGEST
AB 1718, as introduced, Levine. State parks: state coastal beaches:
smoking ban.
Existing law makes it an infraction for a person to smoke a cigarette,
cigar, or other tobacco product within 25 feet of a playground or tot lot
sandbox area.
This bill would make it an infraction for a person to smoke,as defined,
on a state coastal beach or in a unit of the state park system or to dispose
of used cigar or cigarette waste on a state coastal beach or in a unit of
the state park system,with certain exceptions, as specifically provided.
The bill would establish a state-mandated local program by creating a
new crime.
The bill would require the department to develop and post signs at
the main entrances to state coastal beaches and units of the state park.
system to provide notice of the smoking prohibition. The bill would
require the smoking prohibition to be enforced only after signs have
been posted. The bill would authorize the Director of Parks and
Recreation to designate, by posted order, areas within units of the state
park system as exempt from these provisions.
Revised 5-16-19—See last page. 99
AB 1718 —2—
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the state.
Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act
for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
The people of the State of California do enact as follows:
1 SECTION 1. Section 5008.91 is added to the Public Resources
2 Code, to read:
3 5008.91. (a) For purposes of this section, the following
4 definitions apply:
5 (1) "Cigar"has the same meaning as defined in Section 104550
6 of the Health and Safety Code and, for purposes of this section,
7 may contain any other weed or plant as an alternative or
8 supplement to tobacco or nicotine.
9 (2) "Cigarette" has the same meaning as defined in Section
10 104556 of the Health and Safety Code and, for purposes of this
11 section, may contain any other weed or plant as an alternative or
12 supplement to tobacco or nicotine.
13 (3) "Smoke" or "smoking" means inhaling, exhaling, burning,
14 or carrying any lighted or heated cigar, cigarette, or pipe, or any
15 other lighted or heated tobacco or plant product intended for
16 inhalation, whether natural or synthetic, in any manner or in any
17 form. "Smoke" or "smoking" includes the use of an electronic
18 smoking device that creates an aerosol or vapor, in any manner or
19 in any form, or the use of any oral smoking device for the purpose
20 of circumventing a prohibition on smoking. "Smoke"or"smoking"
21 does not include either of the following:
22 (A) The use of a cigar, cigarette, or pipe, or any other lighted
23 or heated tobacco or plant product used as a prop in a motion
24 picture, television program, or similar filmed audiovisual work,
25 provided filming is properly permitted by the California Film
26 Commission, the active film set is closed to the general public,
27 and any waste is immediately removed from the beach or park.
28 (B) The use of a cigar, cigarette, or pipe, or any other lighted
29 or heated tobacco or plant product used in connection with the
30 good faith practice of a religious belief or ceremony.
99
—3— AB 1718
1 (4) "State coastal beach" means an area that is owned by,
2 operated by, or under the jurisdiction of the department and that
3 adjoins the ocean, a bay, or an estuary.
4 (5) "Unit of the state park system" means an area specified in
5 Section 5002.
6 (b) A person shall not smoke on a state coastal beach or in a
7 unit of the state park system.
8 (c) A person shall not dispose of used cigar or cigarette waste
9 on a state coastal beach or in a unit of the state park system.
10 (d) A person who violates this section is guilty of an infraction
11 and shall be punished by a fine of up to twenty-five dollars ($25).
12 (e) The department shall develop and post signs at the main
13 entrances to state coastal beaches and units of the state park system
14 to provide notice of the smoking prohibition set forth in subdivision
15 (b). Subdivision (b) shall be enforced on state coastal beaches or
16 in units of the state park system only after signs have been posted.
17 (f) (1) Notwithstanding any other provision of this section, the
18 director may designate, by posted order, areas within units of the
19 state park system as exempt from the provisions of this section.
20 (2) The director shall consider public health and safety
21 implications and potential fire risks when making a designation
22 of exempt areas under paragraph (1).
23 SEC. 2. No reimbursement is required by this act pursuant to
24 Section 6 of Article XIIIB of the California Constitution because
25 the only costs that may be incurred by a local agency or school
26 district will be incurred because this act creates a new crime or
27 infraction, eliminates a crime or infraction, or changes the penalty
28 for a crime or infraction, within the meaning of Section 17556 of
29 the Government Code, or changes the definition of a crime within
30 the meaning of Section 6 of Article XIIIB of the California
31 Constitution.
32
33
34 uEvisiorrs:
35 Heading—Line 2.
36
O
99
ATTACHMENT #3
AMENDED IN ASSEMBLY MAY 16, 2019
AMENDED IN ASSEMBLY APRIL 24, 2019
AMENDED IN ASSEMBLY MARCH 25, 2019
CALIFORNIA LEGISLATURE-2019-20 REGULAR SESSION
ASSEMBLY BILL No. 1184
Introduced by Assembly Member Gloria
February 21, 2019
An act to add Section 6253.32 to the Government Code, relating to
public records.
LEGISLATIVE COUNSEL'S DIGEST
AB 1184, as amended, Gloria. Public records: writing transmitted
by electronic mail: retention.
The California Public Records Act requires a public agency, defined
to mean any state or local agency, to make public records available for
inspection, subject to certain exceptions. Existing law specifies that
public records include any writing containing information relating to
the conduct of the public's business, including writing transmitted by
electronic mail. The act requires any agency that has any information
that constitutes a public record not exempt from disclosure, to make
that public record available in accordance with certain provisions and
authorizes every agency to adopt regulations stating the procedures to
be followed when making its records available, if the regulations are
consistent with those provisions.Existing law authorizes cities,counties,
and special districts to destroy or to dispose of duplicate records that
are less than two years old when they are no longer required by the city,
county, or special district, as specified.
96
AB 1184 —2—
This bill would,unless a longer retention period is required by statute
or regulation, require a public agency for purposes of the California
Public Records Act to retain and preserve for at least 2 years every
writing containing information relating to the conduct of the public's
business prepared, owned, or used by any public agency that is
transmitted by electronic mail or other similar messaging system. mail.
The California Constitution requires local agencies, for the purpose
of ensuring public access to the meetings of public bodies and the
writings of public officials and agencies, to comply with a statutory
enactment that amends or enacts laws relating to public records or open
meetings and contains findings demonstrating that the enactment furthers
the constitutional requirements relating to this purpose.
This bill would make legislative findings to that effect.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the state.
Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act
for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
The people of the State of California do enact as follows:
1 SECTION 1. Section 6253.32 is added to the Government
2 Code, immediately following Section 6253.31, to read:
3 6253.32. Unless a longer retention period is required by statute
4 or regulation,a public agency shall, for the purpose of this chapter,
5 retain and preserve for at least two years every writing containing
6 information relating to the conduct of the public's business
7 prepared, owned, or used by any public agency that is transmitted
8 by electronic mail of other similair system. mail.
9 SEC. 2. The Legislature finds and declares that Section 1 of
10 this act, which adds Section 6253.32 to the Government Code,
11 furthers, within the meaning of paragraph (7) of subdivision (b)
12 of Section 3 ofArticle I of the California Constitution,the purposes
13 of that constitutional section as it relates to the right of public
14 access to the meetings of local public bodies or the writings of
15 local public officials and local agencies.Pursuant to paragraph(7)
16 of subdivision (b) of Section 3 of Article I of the California
17 Constitution, the Legislature makes the following findings:
96
-3— AB 1184
1 This act furthers the right of public access to the writings of local
2 public officials and local agencies by requiring that public agencies
3 preserve for at least two years every writing containing information
4 relating to the conduct of the public's business prepared, owned,
5 or used by any local agency that is transmitted by electronic
6 or other similar messa':' . mail.
7 SEC. 3. No reimbursement is required by this act pursuant to
8 Section 6 of Article XIII B of the California Constitution because
9 the only costs that may be incurred by a local agency or school
10 district under this act would result from a legislative mandate that
11 is within the scope of paragraph (7) of subdivision (b) of Section
12 3 of Article I of the California Constitution.
O
96
ATTACHMENT #4
AMENDED 1N ASSEMBLY MARCH 28, 2019
CALIFORNIA LEGISLATURE-2019-20 REGULAR SESSION
ASSEMBLY BILL No. 516
Introduced by Assembly Member C ' Members Chiu and Santiago
(Coauthors:Assembly Members Bonta, Chu, and Gipson)
(Coauthor: Senator Wiener)
February 13, 2019
An act to amend eet o 22651 o`Sections 2810.2, 2814.2, 4000,
14602, 22651, and 40206.5 of, and to repeal Sections 22651.7, 22651.8,
and 2285].1 of, the Vehicle Code relating to vehicles.
LEGISLATIVE COUNSEL'S DIGEST
AB 516, as amended, Chiu. Authority to remove vehicles.
Existing law authorizes a peace officer, as defined, or a regularly
employed and salaried employee, who is engaged in directing traffic
or enforcing parking laws and regulations, of a city, county, or
jurisdiction of a state agency where a vehicle is located, to remove a
vehicle located within the territorial limits where the officer or employee
may act,under designated=:etmst_a-_._s.circumstances, including, but
not limited to, when a vehicle is found upon a highway or public land
or removed pursuant to the Vehicle Code, and has been issued 5 or
more notices of parking violations to which the owner or person in
control of the vehicle has not responded within a designated time period.
Under existing law, a vehicle that has been removed and impounded
under those circumstances that is not released may be subject to a lien
sale to compensate for the costs of towage and for caring for and
keeping safe the vehicle.
Existing law authorizes a peace officer and specified public
employees, as an alternative to removal of a vehicle, to immobilize the
Revised 5-1-19—See last page. 98
AB 516 —2—
vehicle with a device designed and manufactured for that purpose, if,
among other circumstances, the vehicle is found upon a highway or
public lands by the peace officer or employee and it is known to have
been issued 5 or more notices ofparking violations that are delinquent
because the owner or person in control of the vehicle has not responded
to the appropriate agency within a designated time period.
This bill would make teeltnieal,
pions.delete the authority of a peace officer or public employee,
as appropriate, to remove or immobilize a vehicle under those
circumstances. The bill would also delete the authority to remove a
vehicle parked or left standing for 72 or more consecutive hours in
violation of a local ordinance, or a vehicle with a registration expiration
date in excess of 6 months found or operated on the highway or on
public lands or in an offstreet parking facility. The bill would repeal
the related authority to conduct a lien sale to cover towing and storage
expenses. The bill would make various conforming and technical
changes.
Vote: majority. Appropriation: no. Fiscal committee: eyes.
State-mandated local program: no.
The people of the State of California do enact as follows:
1 SECTION 1. The Legislature finds and declares all of the
2 following.-
3 (a) It is a fundamental and constitutional principle that a state
4 cannot take and sell the private property of its residents except
5 under limited circumstances, nor can it punish people because
6 they cannot afford to pay its fines and fees.
7 (b) It is not sound public policy to tow privately owned vehicles
8 that are safely parked, not causing traffic inconvenience, and not
9 involved in a crime. To retrieve a vehicle from a tow yard can cost
10 thousands of dollars. For people who cannot afford to pay the
11 often-astronomical fines and fees, their cars are sold and they lose
12 them permanently. Over 500,000 vehicles are sold at lien sales
13 each year in California.
14 (c) Approximately 78 percent of Californians have to drive for
15 work or to get to work. Studies have shown that the ability to drive
16 significantly impacts employment rates, and that over the past 50
17 years,American households without cars consistently lost income.
98
-3— AB 516
1 For many Californians, their vehicle is their only shelter, their
2 only way to get needed medical care, or their most valuable asset.
3 (d) Towing for debt collection purposes is not cost effective. It
4 costs money for a local government to find the car, order the tow,
5 and pay a private tow company to transport it. Vehicles towed for
6 debt collection are more likely to be sold instead of reclaimed,
7 which means the tow company has to use its limited lot space to
8 store them for at least 30 days, and pay for an auction. Since
9 vehicles towed because their owners could not afford to pay fees
10 tend to be low in value, these lien sales usually fail to cover the
11 cost of the tow and storage, let alone the cost of enforcement.
12 (e) There is no public safety purpose when a local government
13 uses towing as a costly and draconian method to collect small
14 amounts of debt, and this sanction has a disproportionate impact
15 on lower income families and people of color.
16 SEC. 2. Section 2810.2 of the Vehicle Code is amended to read:
17 2810.2. (a) (1) A peace officer, as described in Chapter 4.5
18 (commencing with Section 830) of Title 3 of Part 2 of the Penal
19 Code, may stop a vehicle transporting agricultural irrigation
20 supplies that are in plain view to inspect the bills of lading,
21 shipping, or delivery papers, or other evidence to determine
22 whether the driver is in legal possession of the load, if the vehicle
23 is on a rock road or unpaved road that is located in a county that
24 has elected to implement this section and the road is located as
25 follows:
26 (A) Located under the management of the Department of Parks
27 and Recreation, the Department of Fish and Wildlife, the
28 Department of Forestry and Fire Protection, the State Lands
29 Commission, a regional park district, the United States Forest
30 Service, or the federal Bureau of Land Management.
31 (B) Located within the respective ownership of a timberland
32 production zone, as defined in Chapter 6.7 (commencing with
33 Section 51100)of Part 1 of Division 1 of Title 5 of the Government
34 Code,either that is larger than 50,000 acres or for which the owner
35 of more than 2,500 acres has given express written permission for
36 a vehicle to be stopped within that zone pursuant to this section.
37 (2) Upon reasonable belief that the driver of the vehicle is not
38 in legal possession, the law enforcement officer specified in
39 paragraph (1) shall take custody of the vehicle and load and turn
40 them over to the custody of the sheriff of the county that has elected
98
AB 516 —4—
1 to implement this section where the agricultural irrigation supplies
2 are apprehended.
3 (b) The sheriff shall receive and provide for the care and
4 safekeeping of the apprehended agricultural irrigation supplies
5 that were in plain view within the boundaries of public lands under
6 the management of the entities listed in subparagraph (A) of
7 paragraph (1) of subdivision (a) or on a timberland production
8 zone as specified in subparagraph (B) of paragraph (1) of
9 subdivision (a), and immediately, in cooperation with the
10 department,proceed with an investigation and its legal disposition.
11 (c) An expense incurred by the sheriff in the performance of
12 his or he the sheriff's duties under this section shall be a legal
13 charge against the county.
14 (d) Except as provided in subdivision (e), a peace officer shall
15 not cause the impoundment of a vehicle at a traffic stop made
16 pursuant to subdivision(a)if the driver's only offense is a violation
17 of Section 12500.
18 (e) During the conduct of pulling a driver over in accordance
19 with subdivision (a), if the peace officer encounters a driver who
20 is in violation of Section 12500, the peace officer shall make a
21 reasonable attempt to identify the registered owner of the vehicle.
22 If the registered owner is present, or the peace officer is able to
23 identify the registered owner and obtain the registered owner's
24 authorization to release the motor vehicle to a licensed driver
25 during the vehicle stop, the vehicle shall be released to either the
26 registered owner of the vehicle ifs that person is a licensed
27 driver or to the licensed driver authorized by the registered owner
28 of the vehicle. If a notice to appear is issued, the name and the
29 driver's license number of the licensed driver to whom the vehicle
30 was released pursuant to this subdivision shall be listed on the
31 officer's copy of the notice to appear issued to the unlicensed
32 driver.If a vehicle cannot be released,the vehicle shall be removed
33 pursuant to subdivision-(p�(n) of Section 22651,whether a notice
34 to appear has been issued or not.
35 (0 For purposes of this section,"agricultural irrigation supplies"
36 include agricultural irrigation water bladder and one-half inch
37 diameter or greater irrigation line.
38 (g) This section shall be implemented only in a county where
39 the board of supervisors adopts a resolution authorizing the
40 enforcement of this section.
98
—5— AB 516
1 SEC. 3. Section 2814.2 of the Vehicle Code is amended to read.-
2 2814.2. (a) A driver of a motor vehicle shall stop and submit
3 to a sobriety checkpoint inspection conducted by a law enforcement
4 agency when signs and displays are posted requiring that stop.
5 (b) Notwithstanding Section 14602.6 or 14607.6,apeace officer
6 or any other authorized person shall not cause the impoundment
7 of a vehicle at a sobriety checkpoint if the driver's only offense is
8 a violation of Section 12500.
9 (c) During the conduct of a sobriety checkpoint, if the law
10 enforcement officer encounters a driver who is in violation of
11 Section 12500,the law enforcement officer shall make a reasonable
12 attempt to identify the registered owner of the vehicle. If the
13 registered owner is present, or the officer is able to identify the
14 registered owner and obtain the registered owner's authorization
15 to release the motor vehicle to a licensed driver by the end of the
16 checkpoint, the vehicle shall be released to either the registered
17 owner of the vehicle ifs-or--s4te that person is a licensed driver
18 or to the licensed driver authorized by the registered owner of the
19 vehicle. If a notice to appear is issued,the name and driver's license
20 number of the licensed driver to whom the vehicle was released
21 pursuant to this subdivision shall be listed on the officer's copy of
22 the notice to appear issued to the unlicensed driver.When a vehicle
23 cannot be released, the vehicle shall be removed pursuant to
24 subdivisions (n) of Section 22651, whether a notice to appear
25 has been issued or not.
26 SEC. 4. Section 4000 of the Vehicle Code is amended to read:
27 4000. (a) (1) A person shall not drive,move,or leave standing
28 upon a highway, or in an offstreet public parking facility, a
29 motor vehicle, trailer, semitrailer, pole or pipe dolly, or logging
30 dolly, unless it is registered and the appropriate fees have been
31 paid under this code or registered under the permanent trailer
32 identification program, except that an off-highway motor vehicle
33 -e h that displays an identification plate or device issued by the
34 department pursuant to Section 38010 may be driven, moved, or
35 left standing in an offstreet public parking facility without being
36 registered or paying registration fees.
37 (2) For purposes of this subdivision, "offstreet public parking
38 facility" means either of the following:
39 (A) Any publicly owned parking facility.
98
AB 516 —6—
1 (B) Any privately owned parking facility for which no fee for
2 the privilege to park is charged andh that is held open for the
3 common public use of retail customers.
4 (3) This subdivision does not apply to-any a motor vehicle stored
5 in a privately owned offstreet parking facility by, or with the
6 express permission of, the owner of the privately owned offstreet
7 parking facility.
8 (4) Beginning July 1, 2011, the enforcement of paragraph (1)
9 shall commence on the first day of the second month following
10 the month of expiration of the vehicle's registration.This paragraph
11 shall become inoperative on January 1, 2012.
12 (b) A person shall not drive, move, or leave
13 standing upon a highway any a motor vehicle,as defined in Chapter
14 2 (commencing with Section 39010) of Part 1 of Division 26 of
15 the Health and Safety Code, that has been registered in violation
16 of Part 5 (commencing with Section 43000) of Division 26 of the
17 Health and Safety Code.
18 (c) Subdivisions (a) and(b) do not apply to off-highway motor
19 vehicles operated pursuant to Sections 38025 and 38026.5.
20 (d) This section does not apply, following payment of fees due
21 for registration, during the time that registration and transfer is
22 being withheld by the department pending the investigation of any
23 use tax due under the Revenue and Taxation Code.
24 (e) Subdivision (a) does not apply to a vehicle that is towed by
25 a tow truck on the order of a sheriff, marshal, or other official
26 acting pursuant to a court order or on the order of a peace officer
27 acting pursuant to this code.
28 (f) Subdivision (a) applies to a vehicle that is towed from a
29 highway or offstreet parking facility under the direction of a
30 highway service organization when that organization is providing
31 emergency roadside assistance to that vehicle. However, the
32 operator of a tow truck providing that assistance to that vehicle is
33 not responsible for the violation of subdivision (a)with respect to
34 that vehicle. The owner of an unregistered vehicle that is disabled
35 and located on private property, shall obtain a permit from the
36 department pursuant to Section 4003 prior to having the vehicle
37 towed on the highway.
38 (g) (1) Pursuant to Section 4022 and to subparagraph (B) of
39 paragraph (3) of subdivision-H (m) of Section 22651, a vehicle
40 obtained by a licensed repossessor as a release of collateral is
98
—7— AB 516
1 exempt from registration pursuant to this section for purposes of
2 the repossessor removing the vehicle to the repossessor's
3 storage facility or the facility of the legal owner.A law enforcement
4 agency, impounding authority, tow yard, storage facility, or any
5 other person in possession of the collateral shall release the vehicle
6 without requiring current registration and pursuant to subdivision
7 (f) of Section 14602.6.
8 (2) The legal owner of collateral shall, by operation of law and
9 without requiring further action, indemnify and hold harmless a
10 law enforcement agency, city, county, city and county, the state,
I I a tow yard, storage facility, or an impounding yard from a claim
12 arising out of the release of the collateral to a licensee, and from
13 any damage to the collateral after its release, including reasonable
14 attorney's fees and costs associated with defending a claim, if the
15 collateral was released in compliance with this subdivision.
16 (h) For purposes of this section, possession of a California
17 driver's license by the registered owner of a vehicle shall give rise
18 to a rebuttable presumption that the owner is a resident of
19 California.
20 SEC. S. Section 14602 ofthe Vehicle Code is amended to read:
21 14602. In accordance with subdivision{ (n) of Section 22651,
22 a vehicle removed pursuant to subdivision (c) of Section 2814.2
23 shall be released to the registered owner ores-thatperson's
24 agent at any time the facility to which the vehicle has been removed
25 is open upon presentation of the registered owner's orr
26 agent's currently valid driver's license to operate the vehicle and
27 proof of current vehicle registration.
29 SEC. 6. Section 22651 of the Vehicle Code is amended to read:
30 22651. A peace officer,as defined in Chapter 4.5 (commencing
31 with Section 830) of Title 3 of Part 2 of the Penal Code, or a
32 regularly employed and salaried employee, who is engaged in
33 directing traffic or enforcing parking laws and regulations, of a
34 city, county, or jurisdiction of a state agency where a vehicle is
35 located, may remove a vehicle located within the territorial limits
36 where the officer or employee may act, under the following
37 circumstances:
38 (a) If a vehicle is left unattended upon a bridge, viaduct, or
39 causeway, or in a tube or tunnel where the vehicle constitutes an
40 obstruction to traffic.
98
AB 516 —8—
1 (b) If a vehicle is parked or left standing upon a highway in a
2 position so as to obstruct the normal movement of traffic or in a
3 condition so as to create a hazard to other traffic upon the highway.
4 (c) If a vehicle is found upon a highway or public land and a
5 report has previously been made that the vehicle is stolen or a
6 complaint has been filed and a warrant thereon is issued charging
7 that the vehicle was embezzled.
8 (d) If a vehicle is illegally parked so as to block the entrance to
9 a private driveway and it is impractical to move the vehicle from
10 in front of the driveway to another point on the highway.
11 (e) If a vehicle is illegally parked so as to prevent access by
12 firefighting equipment to a fire hydrant and it is impracticable to
13 move the vehicle from in front of the fire hydrant to another point
14 on the highway.
15 (f) If a vehicle, except highway maintenance or construction
16 equipment, is stopped,parked, or left standing for more than four
17 hours upon the right-of-way of a freeway that has full control of
18 access and no crossings at grade and the driver, if present, cannot
19 move the vehicle under its own power.
20 (g) If the person in charge of a vehicle upon a highway or public
21 land is, by reason of physical injuries or illness, incapacitated to
22 an extent so as to be unable to provide for its custody or removal.
23 (h) (1) If an officer arrests a person driving or in control of a
24 vehicle for an alleged offense and the officer is, by this code or
25 other law, required or pennitted to take, and does take, the person
26 into custody.
27 (2) If an officer serves a notice of an order of suspension or
28 revocation pursuant to Section 13388 or 13389.
29 , other than a rented vehiele, is fottnd upon
30 a highway or ptiblie 4and, of is removed pttrsttant to this eode,and
32 of paTking Violations to whieh the ownet: or person in eontr4-4
33 the vehiele has not responded within -21 ealendar days of notiee
34
35
36 violations, or the,
37 fegistered owner of thevehiele is known to have been isstted five
38
39 traffie violations For w-hieh a eerti 'Le has not been issued by t1te
40 magistrate or elet4t of the eottq heafing the ease showing tha"Ite
98
—9— AB 516
1
2 '
3 ,
4
5 eftforeement, ageney all of the follow ti-lig.,
6 (A) Evideftee of the person's identity.
7 (B) Affi addfess within this state where the pefsoft ean be loe
8
9
10 the impotmded vehiele, aftd all tfaffte violations of the fegist
11 owner, have been ..,,..._e
12
13
14 and after the time that the Department of Motor Vehieles is able,
15 to provide aeeess to the tteeessary reeords.
16
17
18
19 satisf�etory evidenee that the fttll atttottnt of par-king penalties of
20 bail has been deposited, that person may demand to be take.n.
21 ,
22 or a hearing excuninet, for parking offettses, within the eoutity
23 witefe the offenses eharged are alleged to have been eommitte
24
25
26
27 aftef a vehiele has been impounded, or-, at the diseretion of
28 ,
29 violation of subdivision(a) of Seetiott 4000 shall be issued to 4iert
30 pefsetr.
31 , as defined in
32
33 .
34 (B) Submits evidenee 4paymetit of fees as pfovided in Se
35 9561.
36
37
38 -.-t jr---ession of the legal owner at the time of oeetfffenee-of
39 the offenses relating to standing or pafkitig.A vehiele releas
40 a legal ownef uncler this subdivision tis a repossessed veltiele
98
AB 516 —10—
1 pttrpases of dispositiort or sale.The impounding ageney shall
2
3 the registered owner is or may be entitled, as seettrity for th
4 arnotmt of the parking penalties for all notiees of parkingviolations
5 issued for the vehiele and for all loeal administrative eharge-s
6 imposed ptirsttant to Seetion 22850.5. The legal owner shall
7 promptly remit to, and deposit with,
8 rtotiees of parleing violations firom that surpitts, on
9 ,
10 all notiees of parking violations i ssued for the vehiele and for all
11 .
12
13
14
15 the registered ownef f-or the fttll amount of the parking penalties
16 for all notiees of patking violations issued f6r the vehiele and for
17
19 (j)
20 (i) If a vehicle is found illegally parked and there are no license
21 plates or other evidence of registration displayed,the vehicle may
22 be impounded until the owner or person in control of the vehicle
23 furnishes the impounding law enforcement agency evidence of
24 identity and an address within this state where that individual can
25 be located.
26
27 o'1more—e'onseet tiv„ 1....,.t fs irt violation
of
1,.ea ..,1:...,..l.,
28 authorizing removal.
29 (1)
30 6) If a vehicle is illegally parked on a highway in violation of
31 a local ordinance forbidding standing or parking and the use of a
32 highway, or a portion thereof,is necessary for the cleaning,repair,
33 or construction of the highway, or for the installation of
34 underground utilities, and signs giving notice that the vehicle may
35 be removed are erected or placed at least 24 hours prior to the
36 removal by a local authority pursuant to the ordinance.
37 6*
38 (k) If the use of the highway, or a portion of the highway, is
39 authorized by a local authority for a purpose other than the normal
40 flow of traffic or for the movement of equipment, articles, or
98
-11— AB 516
1 structures of unusual size, and the parking of a vehicle would
2 prohibit or interfere with that use or movement, and signs giving
3 notice that the vehicle may be removed are erected or placed at
4 least 24 hours prior to the removal by a local authority pursuant
5 to the ordinance.
6 (n)
7 (1) Whenever a vehicle is parked or left standing where local
8 authorities, by resolution or ordinance, have prohibited parking
9 and have authorized the removal of vehicles. Except as provided
10 in subdivisions , (t) and (u), a vehicle shall not be
I 1 removed unless signs are posted giving notice of the removal.
12 (o)
13 (m) (1) If a vehicle is found or operated upon a highway,public
14 land, or an offstreet parking facility under any of the following
1.5 circumstances:
16 (A) With a t:egistration expiration date iti exeess of six months
17 ,
18
19 (B)
20 (A) Displaying in, or upon, the vehicle, a registration card,
21 identification card, temporary receipt, license plate, special plate,
22 registration sticker, device issued pursuant to Section 4853, or
23 permit that was not issued for that vehicle, or is not otherwise
24 lawfully used on that vehicle under this code.
25 (C)
26 (B) Displaying in, or upon, the vehicle, an altered, forged,
27 counterfeit, or falsified registration card, identification card,
28 temporary receipt, license plate, special plate, registration sticker,
29 device issued pursuant to Section 4853, or permit.
30 (Bj
31 (C) (i) The vehicle is operating using autonomous technology,
32 without the registered owner or manufacturer of the vehicle having
33 first applied for, and obtained, a valid permit that is required to
34 operate the vehicle on public roads pursuant to Section 38750,and
35 Article 3.7 (commencing with Section 227.00) and Article 3.8
36 (commencing with Section 228.00) of Title 13 of the California
37 Code of Regulations.
38 (ii) The vehicle is operating using autonomous technology after
39 the registered owner or person in control of the vehicle received
40 notice that the vehicle's permit required for the operation of the
98
AB 516 —12—
1 vehicle pursuant to Section 38750, and Article 3.7 (commencing
2 with Section 227.00) and Article 3.8 (commencing with Section
3 228.00) of Title 13 of the California Code of Regulations is
4 suspended, terminated, or revoked.
5 (iii) For purposes of this subdivision, the terms "autonomous
6 technology" and "autonomous vehicle" have the same meanings
7 as in Section 38750.
8 (iv) This subparagraph does not provide the authority for a peace
9 officer to stop an autonomous vehicle solely for the purpose of
10 determining whether the vehicle is operating using autonomous
11 technology without a valid permit required to operate the
12 autonomous vehicle on public roads pursuant to Section 38750,
13 and Article 3.7 (commencing with Section 227.00)and Article 3.8
14 (commencing with Section 228.00) of Title 13 of the California
15 Code of Regulations.
16 (2) If a vehicle described in paragraph (1) is occupied, only a
17 peace officer,as defined in Chapter 4.5 (commencing with Section
18 830)of Title 3 of Part 2 of the Penal Code,may remove the vehicle.
19 (3) For the purposes of this subdivision, the vehicle shall be
20 released under any of the following circumstances:
21 (A) If the vehicle has been removed pursuant to subparagraph
22 (A) or(B) of paragraph(1),to the registered owner
23 of, or person in control of, the vehicle only after the owner or
24 person furnishes the storing law enforcement agency with proof
25 of current registration and a valid driver's license to operate the
26 vehicle.
27 (B) If the vehicle has been removed pursuant to subparagraph
28 " (C) of paragraph (1), to the registered owner of, or person in
29 control of, the autonomous vehicle, after the registered owner or
30 person furnishes the storing law enforcement agency with proof
31 of current registration and a valid driver's license, if required to
32 operate the autonomous vehicle, and either of the following:
33 (i) Proof of a valid permit required to operate the autonomous
34 vehicle using autonomous technology on public roads pursuant to
35 Section 38750,andArticle 3.7(commencing with Section 227.00)
36 and Article 3.8 (commencing with Section 228.00) of Title 13 of
37 the California Code of Regulations.
38 (ii) A declaration or sworn statement to the Department of Motor
39 Vehicles that states that the autonomous vehicle will not be
40 operated using autonomous technology upon public roads without
99
-13— AB 516
1 first obtaining a valid permit to operate the vehicle pursuant to
2 Section 38750,andArticle 3.7(commencing with Section 227.00)
3 and Article 3.8 (commencing with Section 228.00) of Title 13 of
4 the California Code of Regulations.
5 (C) To the legal owner or the legal owner's agency, without
6 payment of any fees, fines, or penalties for parking tickets or
7 registration and without proof of current registration, if the vehicle
8 will only be transported pursuant to the exemption specified in
9 Section 4022 and if the legal owner does all of the following:
10 (i) Pays the cost of towing and storing the vehicle.
11 (ii) Completes an affidavit in a form acceptable to the
12 impounding law enforcement agency stating that the vehicle was
13 not in possession of the legal owner at the time of occurrence of
14 an offense relating to standing or parking.A vehicle released to a
15 legal owner under this subdivision is a repossessed vehicle for
16 purposes of disposition or sale.The impounding agency has a lien
17 on any surplus that remains upon sale of the vehicle to which the
18 registered owner is or may be entitled, as security for the full
19 amount of parking penalties for any notices of parking violations
20 issued for the vehicle and for all local administrative charges
21 imposed pursuant to Section 22850.5. Upon receipt of any surplus,
22 the legal owner shall promptly remit to, and deposit with, the
23 agency responsible for processing notices of parking violations
24 from that surplus, the full amount of the parking penalties for all
25 notices of parking violations issued for the vehicle and for all local
26 administrative charges imposed pursuant to Section 22850.5.
27 (4) The impounding agency that has a lien on the surplus that
28 remains upon the sale of a vehicle to which a registered owner is
29 entitled has a deficiency claim against the registered owner for the
30 full amount of parking penalties for any notices of parking
31 violations issued for the vehicle and for all local administrative
32 charges imposed pursuant to Section 22850.5, less the amount
33 received from the sale of the vehicle.
34 (5) As used in this subdivision,"offstreet parking facility"means
35 an offstreet facility held open for use by the public for parking
36 vehicles and includes a publicly owned facility for offstreet
37 parking, and a privately owned facility for offstreet parking if a
38 fee is not charged for the privilege to park and it is held open for
39 the common public use of retail customers.
40
98
AB 516 —14—
1 (n) If the peace officer issues the driver of a vehicle a notice to
2 appear for a violation of Section 12500, 14601, 14601.1, 14601.2,
3 14601.3, 14601.4, 14601.5, or 14604, and the vehicle is not
4 impounded pursuant to Section 22655.5. A vehicle so removed
5 from the highway or public land, or from private property after
6 having been on a highway or public land, shall not be released to
7 the registered owner or the owner's agent,except upon presentation
8 of the registered owner's or agent's currently valid driver's license
9 to operate the vehicle and proof of current vehicle registration, to
10 the impounding law enforcement agency,or upon order of a court.
11 (q)
12 (o) If a vehicle is parked for more than 24 hours on a portion
13 of highway that is located within the boundaries of a common
14 interest development, as defined in Section 4100 or 6534 of the
15 Civil Code, and signs, as required by paragraph (1)of subdivision
16 (a)of Section 22658 of this code,have been posted on that portion
17 of highway providing notice to drivers that vehicles parked thereon
18 for more than 24 hours will be removed at the owner's expense,
19 pursuant to a resolution or ordinance adopted by the local authority.
20 (y)
21 (p) If a vehicle is illegally parked and blocks the movement of
22 a legally parked vehicle.
23 0)
24 (q) (1) If a vehicle,except highway maintenance or construction
25 equipment, an authorized emergency vehicle, or a vehicle that is
26 properly permitted or otherwise authorized by the Department of
27 Transportation, is stopped, parked, or left standing for more than
28 eight hours within a roadside rest area or viewpoint.
29 (2) Notwithstanding paragraph (1), if a commercial motor
30 vehicle, as defined in paragraph (1) of subdivision (b) of Section
31 15210, is stopped,parked, or left standing for more than 10 hours
32 within a roadside rest area or viewpoint.
33 (3) For purposes of this subdivision, a roadside rest area or
34 viewpoint is a publicly maintained vehicle parking area, adjacent
35 to a highway,utilized for the convenient, safe stopping of a vehicle
36 to enable motorists to rest or to view the scenery. If two or more
37 roadside rest areas are located on opposite sides of the highway,
38 or upon the center divider, within seven miles of each other, then
39 that combination of rest areas is considered to be the same rest
40 area.
98
-15— AB 516
1 (t�
2 (r) If a peace officer issues a notice to appear for a violation of
3 Section 25279.
4 (t)
5. (s) If a peace officer issues a citation for a violation of Section
6 11700, and the vehicle is being offered for sale.
7 fvj
8 (t) (1) If a vehicle is a mobile billboard advertising display, as
9 defined in Section 395.5,and is parked or left standing in violation
10 of a local resolution or ordinance adopted pursuant to subdivision
11 (m) of Section 21100, if the registered owner of the vehicle was
12 previously issued a warning citation for the same offense,pursuant
13 to paragraph (2).
14 (2) Notwithstanding subdivision(a)of Section 22507, a city or
15 county, in lieu of posting signs noticing a local ordinance
16 prohibiting mobile billboard advertising displays adopted pursuant
17 to subdivision(m)of Section 21100,may provide notice by issuing
18 a warning citation advising the registered owner of the vehicle that
19 the owner may be subject to penalties upon a subsequent violation
20 of the ordinance, that may include the removal of the vehicle as
21 provided in paragraph (1). A city or county is not required to
22 provide further notice for a subsequent violation prior to the
23 enforcement of penalties for a violation of the ordinance.
24 �wj
25 (u) (1) If a vehicle is parked or left standing in violation of a
26 local ordinance or resolution adopted pursuant to subdivision (p)
27 of Section 21100, if the registered owner of the vehicle was
28 previously issued a warning citation for the same offense,pursuant
29 to paragraph-(2).
30 (2) Notwithstanding subdivision(a) of Section 22507, a city or
31 county,in lieu of posting signs noticing a local ordinance regulating
32 advertising signs adopted pursuant to subdivision (p) of Section
33 21100, may provide notice by issuing a warning citation advising
34 the registered owner of the vehicle that the owner may be subject
35 to penalties upon a subsequent violation of the ordinance that may
36 include the removal of the vehicle as provided in paragraph (1).
37 A city or county is not required to provide further notice for a
38 subsequent violation prior to the enforcement of penalties for a
39 violation of the ordinance.
40 SEC. 7. Section 22651.7 of the Vehicle Code is repealed.
98
AB 516 —16—
1 ,
2
3 ,of a regttla-rly employed
4 and salaried employee who is engaged in direeting traffie or
5 ,
6
7 designed and mmittfaetttred for the immobilization ofvehieles, on
8
9 in witieh the o4ieer or employee may aet if the vehiele is fo
10 ttpon a highway of pt+lie 6-nds and it is known to have beeti is
11 five or more notiees off parking violations that are delittqtt
12
13
14
15
16 a notiee of delinquent parking violation,
17 of the ,.,dell is ,.n,.w to have been issued five of
18
19
20 of the eottrt hearing the ease show-l-lirg, that the ease has b
21 adjttdieated or eoneerning whieh the registered owner's
22
23
24 person ftirnishes to the immobilizing law enforeemettt ageney
25 of the following:
26
27
28 laeated.
29
30 pettalties has been deposited f6f all notiees of parking viol
31
32 registered owner ofthe immobilized vehiele and 4tat bail has
33 deposited for all traffie violations ofthe registered owner that
34 not been eleared.The mitti,emenis in this paragraph shall be fully
35 enf;Dreed by the immobilizing law enf6feetnent ageney on and afte
36 the time that the Depaftmetit of Motor��hieles is able to pfovide
37
38 to the vehiele shall be aeeempa-nied by a waming that rep
39 violations may resttit itt the impounding or immobilizafion of the
40
98
-17— AB 516
1 amouttt of parking pena4ties of bail, of both, have been deposited
2 that person may demand to be ta-kett wit-hottt unneeessary delay
3 ,
4 parking offenses, within the eounty in whieh the offenses ehafged
5 afe alleged to have beett eommitted and who has jurisdietion-of
6 the offenses.,_a ; nearest, s ,.ible with re f t:en e to she
7
8
9 ,
10
11 shall be issued to that person.
12 ,
13 .
14 SEC. 8. Section 22651.8 of the Vehicle Code is repealed.
15
16 "
,
17 ineludes, bttt is not limited to,
18 department pursttant to sttbdivision (a) of Seetion 4760 for the
19 payment of ttotiees of parking appeaftng Oft
20depaftment's reeords at the time of payment. The proees-.'...,
21 ageney shall, within 7-2 hotirs of reeeiving that satisfaetory
22 evidenee, update its reeords to refleet the peryments made to-the
23
24
25 department within f6ttr months of tLh,- issuanee of that
26 satisfaetory evidenee,
27
28
29 SEC. 9. Section 22851.1 of the Vehicle Code is repealed.
30 -22851.1. (a) if the vehiele is impounded pursuant -to
31
32 that s4divisiott, the vehiele may be sold pursuatit to this ehftpter
33
34 .
35
36 subdivision (i) of Seetion 2265 1 shafl.have a liett dependent upon
37 possession by the keeper of the garage f6f satisfaetion of ba4-4ot
38 all otttstanding notiees of par-king violation issued by the loeal
39 attthority for the vehiele,
40 stbdivisiott (e) have been met. This lien shall be subordittaf�, III
98
AB 516 —18—
1 , and the proe
2 ofany sale shall be applied aeeordingly. Consistent with this o
3 " as ttsed in this artiele and in Chapter
4 6.5 (eommerteing with Seetion 3067) of Title 14 of Part 4--of
5 Di-visiort 3 of the Civil Code, ineitt—des a lien imposed by
6 stbdivision. in any aetion brought to perfeet the liert, where
7 ,
8
9 oft-he Civil Code, it shall be a defertse to the feeovefy ofbail that,
10 the owner of the veltiele at the tiine of impoundraent was no
11 owner 4the vehiele at the time of the parking offense.
12 (e) A lien shall exist for bail with fespeet to parking violafiorl�
13
14 parking violatiort given, or filed an affidavit 4 nottow-nefsltir
15 pttfsttartt to and within the time speeified in subdivision (b) 4
16 Seetio n i n3
17 SEC. 10. Section 40206.5 of the Vehicle Code is amended to
18 read:
19 40206.5. (a) Within 15 days of a request,by mail or in person,
20 the processing agency shall mail or otherwise provide tom a
21 person who has received a notice of delinquent parking violation,
22 or+is-or-+,eT that person's agent, a photostatic copy of the original
23 notice of parking violation or an electronically produced facsimile
24 of the original notice of parking violation.The issuing agency may
25 charge a fee sufficient to recover the actual cost of providing the
26 copy, not to exceed two dollars ($2). Until the issuing agency
27 complies with a request for a copy of the original notice of parking
28 violation, the processing agency may not proceed pursuant to
29 Section
30 40220.
31 (b) If the description of the vehicle on the notice of parking
32 violation does not substantially match the corresponding
33 information on the registration card for that vehicle and the
34 processing agency is satisfied that the vehicle has not been
35 incorrectly described due to the intentional switching of license
36 plates,the processing agency shall,on written request of the person
37 cancel the notice of parking violation without the necessity of an
38 appearance by that person.
98
-19— AB 516
1 (c) For purposes of this section, a copy of the notice of parking
2 violation may be a photostatic copy or an electronically produced
3 facsimile.
4
5
6 REVISIONS:
7 Heading—Line 1.
8
O
98
ATTAC H M E N T #5
AMENDED IN ASSEMBLY MAY 16, 2019
AMENDED IN ASSEMBLY APRIL 30, 2019
AMENDED IN ASSEMBLY APRIL 4, 2019
CALIFORNIA LEGISLATURE-2019-20 REGULAR SESSION
ASSEMBLY BILL No. 1356
Introduced by Assembly Member Ting
February 22, 2019
An act to amend Section 26200 of, and to add Section 26200.1 to,
the Business and Professions Code, relating to cannabis.
LEGISLATIVE COUNSEL'S DIGEST
AB 1356, as amended, Ting. Cannabis: local jurisdictions: retail
commercial cannabis activity.
The Control, Regulate and Tax Adult Use of Marijuana Acts
(AUMA), an initiative measure approved as Proposition 64 at the
November 8,2016, statewide general election,authorizes aperson who
obtains a state license under AUMA to engage in commercial adult-use
cannabis activity pursuant to that license and applicable local ordinances.
The Medicinal and Adult-Use Cannabis Regulation and Safety Act
(MAUCRSA), among other things, consolidates the licensure and
regulation of commercial medicinal and adult-use cannabis activities,
including retail commercial cannabis activity. MAUCRSA gives the
Bureau of Cannabis Control in the Department of Consumer Affairs
the power, duty, purpose, responsibility, and jurisdiction to regulate
commercial cannabis activity in the state as provided by the act.
MAUCRSA does not supersede or limit the authority of a local
jurisdiction to adopt and enforce local ordinances to regulate commercial
cannabis businesses within that local jurisdiction.
96
AB 1356 —2—
This bill, if more than 50% of the electorate of a. local jurisdiction
voted in favor of AUMA, would require a local jurisdiction to issue a
minimum number of local licenses authorizing specified retail cannabis
commercial activity within that jurisdiction that would be permitted by
a retailer license issued under MAUCRSA. The bill would require the
minimum number of those local licenses required to be issued in that
jurisdiction to be of the number of currently active on-sale
general licenses for alcoholic beverage sales in that jurisdiction, as
specified, unless the minimum number would result in a ratio greater
than one local license for retail cannabis commercial activity for every
10,00015,000 residents of the local jurisdiction, in which case the bill
would require the minimum number to be determined by dividing the
number of residents in the local jurisdiction by-44,4080 15,000 and
rounding down to the nearest whole number. The bill would authorize
a local jurisdiction to impose a fee on licensees to cover the regulatory
costs of issuing those local licenses. The bill would exempt from these
provisions a local jurisdiction that, on or-before after January 1, 2017,
and until January 1, 2020, submitted to the electorate of the local
jurisdiction a specified local ordinance or resolution relating to retail
cannabis commercial activity that received a specified vote of the
electorate.
This bill would allow any local jurisdiction subject to the requirements
of this bill that wants to establish a lower amount of these local licenses
to submit an ordinance or other law, that clearly specifies the level of
participation in the retail commercial cannabis market it would allow,
to the electorate of that local jurisdiction at the next regularly scheduled
local election following the operative date of this bill. The bill would
provide that the local ordinance or other local taw becomes effective if
approved by more than 50% of its electorate. The bill would require
the local jurisdiction to issue those licenses as otherwise required by
this bill within a specified period of time if a local jurisdiction subject
to the requirements of this bill does not submit a local ordinance or
other local law regarding the lower amount of licenses to the electorate,
or that local ordinance or other local law fails to receive more than 50%
of the approval of the electorate voting on the issue. The bill would
provide that these provisions are prohibited from being construed to
require a local jurisdiction to authorize adult-use retail cannabis
commercial activity. By imposing additional requirements on local
jurisdictions the bill would impose a state-mandated local program.
96
—3— AB 1356
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.
AUMA authorizes the Legislature to amend its provisions with a z/;
vote of both houses to further its purposes and intent.
This bill would declare that its provisions further the purposes and
intent of AUMA.
Vote: 2/3. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
The people of the State of Califbrnia do enact as follows:
1 SECTION 1. Section 26200 of the Business and Professions
2 Code is amended to read:
3 26200. (a) (1) This division shall not be interpreted to
4 supersede or limit the authority of a local jurisdiction to adopt and
5 enforce local ordinances to regulate businesses licensed under this
6 division, including, but not limited to, local zoning and land use
7 requirements, business license requirements, and requirements
8 related to reducing exposure to secondhand smoke,or to completely
9 prohibit the establishment or operation of one or more types of
10 businesses licensed under this division within the local jurisdiction,
I 1 except as provided in Section 26200.1.
12 (2) This division shall not be interpreted to supersede or limit
13 existing local authority for law enforcement activity, enforcement
14 of local zoning requirements or local ordinances, or enforcement
15 of local license,permit, or other authorization requirements.
16 (b) This division shall not be interpreted to require a licensing
17 authority to undertake local law enforcement responsibilities,
18 enforce local zoning requirements, or enforce local licensing,
19 permitting, or other authorization requirements.
20 (c) A local jurisdiction shall notify the bureau upon revocation
21 of any local license, permit, or authorization for a licensee to
22 engage in commercial cannabis activity within the local
23 jurisdiction.Within 10 days of notification,the bureau shall inform
24 the relevant licensing authorities. Within 60 days of being so
25 informed by the bureau, the relevant licensing authorities shall
26 begin the process to determine whether a license issued to the
96
AB 1356 —4—
1 licensee should be suspended or revoked pursuant to Chapter 3
2 (commencing with Section 26030).
3 (d) For facilities issued a state license that are located within
4 the incorporated area of a city, the city shall have full power and
5 authority to enforce this division and the regulations promulgated
6 by the bureau or any licensing authority, if delegated by the state.
7 Notwithstanding Sections 101375, 101400, and 101405 of the
8 Health and Safety Code or any contract entered into pursuant
9 thereto, or any other law, the city shall assume complete
10 responsibility for any regulatory function pursuant to this division
11 within the city limits that would otherwise be performed by the
12 county or any county officer or employee, including a county
13 health officer, without liability, cost, or expense to the county.
14 (e) (1) This division does not prohibit the issuance of a state
15 temporary event license to a licensee authorizing onsite cannabis
16 sales to, and consumption by, persons 21 years of age or older at
17 a county fair event, district agricultural association event, or at
18 another venue expressly approved by a local jurisdiction for the
19 purpose of holding temporary events of this nature, provided that
20 the activities, at a minimum, comply with all the following:
21 (A) The requirements of paragraphs (1) to (3), inclusive, of
22 subdivision (g).
23 (B) All participants who are engaged in the onsite retail sale of
24 cannabis or cannabis products at the event are licensed under this
25 division to engage in that activity.
26 (C) The activities are otherwise consistent with regulations
27 promulgated and adopted by the bureau governing state temporary
28 event licenses.
29 (D) A state temporary event license shall only be issued in local
30 jurisdictions that authorize such events.
31 (E) A licensee who submits an application for a state temporary
32 event license shall,60 days before the event,provide to the bureau
33 a list of all licensees that will be providing onsite sales of cannabis
34 or cannabis products at the event. If any changes occur in that list,
35 the licensee shall provide the bureau with a final updated list to
36 reflect those changes.A person shall not engage in the onsite retail
37 sale of cannabis or cannabis products, or in any way participate in
38 the event, who is not included in the list, including any updates,
39 provided to the bureau.
96
-5— AB 1356
1 (2) The bureau may impose a civil penalty on any person who
2 violates this subdivision,or any regulations adopted by the bureau
3 governing state temporary event licenses, in an amount up to three
4 times the amount of the license fee for each violation, consistent
5 with Sections 26018 and 26038.
6 (3) The bureau may require the event and all participants to
7 cease operations without delay if in the opinion of the bureau or
8 local law enforcement it is necessary to protect the immediate
9 public health and safety of the people of the state.The bureau may
10 also require the event organizer to immediately expel from the
11 event any participant selling cannabis or cannabis products without
12 a license from the bureau that authorizes the participant to sell
13 cannabis or cannabis products. If the unlicensed participant does
14 not leave the event, the bureau may require the event and all
15 participants to cease operations immediately.
16 (4) The order by the bureau for the event to cease operations
17 pursuant to paragraph (3) does not entitle the event organizer or
18 any participant in the event to a hearing or an appeal of the
19 decision. Chapter 3 (commencing with Section 490) of Division
20 1.5 and Chapter 4 (commencing with Section 26040) of this
21 division shall not apply to the order by the bureau for the event to
22 cease operations pursuant to paragraph (3).
23 (5) The smoking of cannabis or cannabis products at temporary
24 events authorized pursuant to this subdivision is prohibited in
25 locations where smoking is prohibited.For purposes of this section,
26 "smoking"has the same meaning as defined in subdivision (c) of
27 Section 22950.5.
28 (f) This division, or any regulations promulgated thereunder,
29 shall not be deemed to limit the authority or remedies of a city,
30 county, or city and county under any provision of law, including,
31 but not limited to, Section 7 of Article XI of the California
32 Constitution.
33 (g) Notwithstanding paragraph(1)of subdivision(a)of Section
34 11362.3 of the Health and Safety Code, a local jurisdiction may
35 allow for the smoking, vaporizing, and ingesting of cannabis or
36 cannabis products on the premises of a retailer or microbusiness
37 licensed under this division if all of the following are met:
38 (1) Access to the area where cannabis consumption is allowed
39 is restricted to persons 21 years of age or older.
96
AB 1356 —6—
1 (2) Cannabis consumption is not visible from any public place
2 or nonage-restricted area.
3 (3) Sale or consumption of alcohol or tobacco is not allowed
4 on the premises.
5 (h) This division shall not be interpreted to supersede Section
6 6404.5 of the Labor Code.
7 SEC. 2. Section 26200.1 is added to the Business and
8 Professions Code, to read:
9 26200.1. (a) (1) Except as provided in subdivision(d),a local
10 jurisdiction shall comply with the requirements of this subdivision
11 if more than 50 percent of the electorate of that local jurisdiction,
12 as determined using election data from the Secretary of State,voted
13 in favor of the Control, Regulate and Tax Adult Use of Marijuana
14 Act of 2016, an initiative measure enacted as Proposition 64 at the
15 November 8, 2016, statewide general election.
16 (2) A local jurisdiction described in paragraph(1) shall issue a
17 minimum number of local licenses that authorize medicinal retail
18 cannabis commercial activity,or a combination of medicinal retail
19 cannabis commercial activity and adult-use retail cannabis
20 commercial activity,within the jurisdiction that would be permitted
21 by a retailer license described in Section 26070, as determined by
22 paragraph (3).A local jurisdiction may impose a fee on licensees
23 to cover the regulatory costs of issuing those local licenses.
24 (3) (A) Except as provided in subparagraph(C),the minimum
25 number of local licenses for retail cannabis commercial activity
26 that a local jurisdiction is required to issue pursuant to paragraph
27 (2) is 25 pereent one-sixth of the number of on-sale general license
28 types for alcoholic beverage sales that are currently active in that
29 jurisdiction, as determined pursuant to subparagraph(B).
30 (B) (i) (1) If the local jurisdiction is a city, the number of
31 on-sale general licenses for alcoholic beverages shall be determined
32 by adding all of the currently active licenses issued in the
33 jurisdiction that are of a license type listed in subclause (11). If the
34 local jurisdiction is a county,the number of on-sale general licenses
35 for alcoholic beverages shall be determined by adding all of the
36 currently active licenses issued in the unincorporated regions of
37 the county that are of a license type listed in subclause (II).
38 (11) For purposes of subclause(1),the following on-sale general
39 license types shall be counted: Types 47, 47D, 48, 48D, 57, 57D,
40 68, 70, 71, 71D, 75, 75D, 78, and 78D.
96
—7— AB 1356
1 (ii) The number determined in clause (i) shall be divided by
2 fsftr six and rounded up to the nearest whole number using
3 generally accepted mathematical rounding practices.
4 (iii) If the number of local licenses for retail commercial
5 cannabis determined in clause (ii)would result in a ratio equal to,
6 or fewer than, one local license for retail cannabis commercial
7 activity for every4O 00015,000 residents of the local jurisdiction,
8 the number determined in clause(ii) shall be the minimum number
9 of local licenses the jurisdiction is required to issue pursuant to
10 paragraph (2).
11 (C) Notwithstanding subparagraphs (A) and (B),if the number
12 of local licenses for retail commercial cannabis determined in
13 clause (ii) of subparagraph (B) would result in a ratio greater than
14 one local license for retail cannabis commercial activity for every
15 4 0,000 15,000 residents of the local jurisdiction, the minimum
16 number of local licenses that the local jurisdiction is required to
17 issue pursuant to paragraph (2) shall be determined by dividing
18 the number of residents in the local jurisdiction by4@-,00015,000
19 and rounding down to the nearest whole number.
20 (b) Notwithstanding subdivision (a), a local jurisdiction
21 described in paragraph(1)of subdivision(a)that wants to establish
22 a lower amount of local licenses for retail cannabis commercial
23 activity than required by subdivision (a) shall do all of the
24 following:
25 (1) Create a local ordinance or other local law that clearly
26 specifies the level of participation in the retail commercial cannabis
27 market the local jurisdiction will allow.
28 (2) Submit that ordinance or other local law to the electorate of
29 that local jurisdiction at the next regularly scheduled local election
30 following the operative date of this section.
31 (3) If the ordinance or other local law is approved by more than
32 50 percent of the electorate of that local jurisdiction voting on the
33 issue, then the new ordinance or other local law shall become
34 effective in that local jurisdiction.
35 (c) If a local jurisdiction described in paragraph (1) of
36 subdivision (a) does not submit a local ordinance or other local
37 law to the electorate as described in subdivision (b), or that local
38 ordinance or other local law fails to receive more than 50 percent
39 of the approval of the electorate of that local jurisdiction voting
40 on the issue as described in subdivision (b), then the local
96
AB 1356 —8—
1 jurisdiction shall have 120 days after the next regularly scheduled
2 local election following the operative date of this section to issue
3 local licenses in compliance with subdivision(a).
4 (d) A local jurisdiction is exempt from this section if either of
5 the following applies:
6 (1) On or after January 1, 2017, and until January 1, 2020, the
7 local jurisdiction submitted to the electorate of the local jurisdiction
8 a local ordinance or resolution that authorizes retail cannabis
9 commercial activity, and a majority of the electorate voted not to
10 approve the local ordinance or resolution.
11 (2) On or after January 1, 2017, and until January 1, 2020, the
12. local jurisdiction submitted to the electorate of the local jurisdiction
13 a local ordinance or resolution that prohibits retail cannabis
14 commercial activity, and a majority of the electorate voted to
15 approve the local ordinance or resolution.
16 (e) For purposes of this section,all of the following shall apply:
17 (1) "Electorate of a county" means the electorate of the
18 unincorporated area of the county.
19 (2) "Local jurisdiction" means a city, county, or a city and a
20 county.
21 (3) "Local license" means any license, permit, or other
22 authorization from the local jurisdiction.
23 (f) This section shall not be construed to require a local
24 jurisdiction to authorize adult-use retail cannabis commercial
25 activity.
26 SEC. 3. No reimbursement is required by this act pursuant to
27 Section 6 of Article XIIIB of the California Constitution because
28 a local agency or school district has the authority to levy service
29 charges, fees, or assessments sufficient to pay for the program or
30 level of service mandated by this act,within the meaning of Section
31 17556 of the Government Code.
32 SEC. 4. The Legislature finds and declares that this act furthers
33 the purposes and intent of the Control, Regulate and Tax Adult
34 Use of Marijuana Act as stated in subdivisions (u) and (x) of
35 Section 3 of that act.
O
96
AAMARTTACH M E N T ?"FIjIff IbAft
SENATE BILL No. 8
Introduced by Senator Glazer
(Principal coauthor:Assembly Member Levine)
(Coauthors: Assembly Members Choi and Mark Stone)
December 3, 2018
An act to add Section 5008.10 to the Public Resources Code,relating
to parks.
LEGISLATIVE COUNSEL'S DIGEST
SB 8, as introduced, Glazer. State parks: state coastal beaches:
smoking ban.
Existing law makes it an infraction punishable by a fine of$250 for
a person to smoke a cigarette, cigar, or other tobacco product within 25
feet of a playground or tot lot sandbox area.
This bill would make it an infraction punishable by a fine of up to
$25 for a person to smoke, as defined, on a state coastal beach, as
defined, or in a unit of the state park system, as defined, or to dispose
of used cigar or cigarette waste on a state coastal beach or in a unit of
the state park system unless the disposal is made in an appropriate waste
receptacle. The bill would establish a state-mandated local program by
creating a new crime.
The bill would require the Department of Parks and Recreation to
develop and post signs at entrances or strategic locations,as determined
by the Director of Parks and Recreation, of state coastal beaches and
units of the state park system to provide notice of the smoking
prohibition. The bill would require the smoking prohibition to be
enforced only after signs have been posted.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the state.
Statutory provisions establish procedures for making that reimbursement.
99
SB 8 —2—
This bill would provide that no reimbursement is required by this act
for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
The people of the State of California do enact as follows:
1 SECTION 1. The Legislature finds and declares that making
2 it an infraction punishable by a fine of up to $25 for a person to
3 smoke on a state coastal beach or in a unit of the state park system
4 or to dispose of used cigar or cigarette waste on a state coastal
5 beach or in a unit of the state park system is a matter of statewide
6 concern in recognition of the importance of public health and
7 environmental quality for the people of this state.
8 SEC.2. Section 5008.10 is added to the Public Resources Code,
9 to read:
10 5008.10. (a) For purposes of this section, the following
11 definitions apply:
12 (1) "Cigar"has the same meaning as defined in Section 104550
13 of the Health and Safety Code and, for purposes of this section,
14 may contain any other weed or plant as an alternative or
15 supplement to tobacco or nicotine.
16 (2) "Cigarette" has the same meaning as defined in Section
17 104556 of the Health and Safety Code and, for purposes of this
18 section, may contain any other weed or plant as an alternative or
19 supplement to tobacco or nicotine.
20 (3) "Smoke" or "smoking" means inhaling, exhaling, burning,
21 or carrying any lighted or heated cigar, cigarette, or pipe, or any
22 other lighted or heated tobacco or plant product intended for
23 inhalation, whether natural or synthetic, in any manner or in any
24 form. "Smoke" or "smoking" includes the use of an electronic
25 smoking device that creates an aerosol or vapor, in any manner or
26 in any form, or the use of any oral smoking device for the purpose
27 of circumventing a prohibition on smoking."Smoke"or"smoking"
28 does not include the use of a cigar, cigarette, or pipe, or any other
29 lighted or heated tobacco or plant product used as a prop in a
30 motion picture, television program, or similar filmed audiovisual
31 work, provided filming is properly permitted by the California
32 Film Commission,the active film set is closed to the general public,
33 and any waste is immediately removed from the park. "Smoke"
99
-3— SB 8
l or"smoking"does not include the use of a cigar,cigarette,or pipe,
2 or any other lighted or heated tobacco or plant product used in
3 connection with the good faith practice of a religious belief or
4 ceremony.
5 (4) "State coastal beach" means an area that is owned by,
6 operated by, or under the jurisdiction of the department and that
7 adjoins the ocean, a bay, or an estuary.
8 (5) "Unit of the state park system" means an area specified in
9 Section 5002.
10 (b) A person shall not smoke on a state coastal beach or in a
11 unit of the state park system.
12 (c) A person shall not dispose of used cigar or cigarette waste
13 on a state coastal beach or in a unit of the state park system unless
14 the disposal of the cigar or cigarette waste is made in an appropriate
15 waste receptacle.
16 (d) A person who violates this section is guilty of an infraction
17 and shall be punished by a fine of up to twenty-five dollars ($25).
18 (e) The department shall develop and post signs at entrances or
19 strategic locations, as determined by the director, of state coastal
20 beaches and units of the state park system to provide notice of the
21 smoking prohibition set forth in subdivision (b). Subdivision (b)
22 shall be enforced on state coastal beaches and in units of the state
23 park system only after signs have been posted.
24 SEC. 3. No reimbursement is required by this act pursuant to
25 Section 6 of Article XIIIB of the California Constitution because
26 the only costs that may be incurred by a local agency or school
27 district will be incurred because this act creates a new crime or
28 infraction, eliminates a crime or infraction,or changes the penalty
29 for a crime or infraction, within the meaning of Section 17556 of
30 the Government Code, or changes the definition of a crime within
31 the meaning of Section 6 of Article XIII B of the California
32 Constitution.
O
99
Switzer, Donna
From: Dombo,Johanna
Sent: Monday, June 03, 2019 8:15 AM
To: Agenda Comment
Cc: Fikes, Cathy; CITY COUNCIL
Subject: FW: 6-3-2019 City Council Agenda item 19-660 (E) AB1356
AGENDA COMMENT
From: larry mcneely<Imwater@yahoo.com>
Sent: Friday, May 31, 2019 7:03 PM
To: CITY COUNCIL<city.council@surfcity-hb.org>
Subject: 6-3-2019 City Council Agenda item 19-660 (E)AB1356
It looks like someone sneaked in a tiny little item well hidden in the agenda items. A item to ask our city council to Vote in
Opposition to AB1356 . This bill overrides the illegal overreach by the few Prohibitionists who chose to Deny the
communities Majority Vote for Legal Cannabis in California. The Prop 64 intended a public vote and not a select city
council vote to Oppose any use grows or dispensaries and subvert the Votes and Will of the community. This Senate Bill
was devised to enforce the majority votes and rectify the miss use of city ordinances to deny the popular vote of the
community. AB1350 allows a number of dispensaries based on the population and number of liquor stores located in a
city that by majority of vote mandated legal Cannabis and a right to safe access. I support AB1356 and I call on our City
Council to support the Votes and VOTE NO on Agenda Item 10-660 (E)
SUPPLEMENTAL.
COMMUNICATION
Meetlng
Agenda hem No.-
Switzer, Donna
From: Dombo,Johanna
Sent: Monday,June 03, 2019 8:14 AM
To: Agenda Comment
Cc: Fikes, Cathy; CITY COUNCIL
Subject: FW: Please vote no to allow dispensaries
AGENDA COMMENT
-----Original Message-----
From: raymond cupp<cuppraymond@me.com>
Sent: Friday, May 31, 2019 7:10 PM
To: CITY COUNCIL<city.council@surfcity-hb.org>
Subject: Please vote no to allow dispensaries
I am a canibis user. BUT I do not want to see stores with advertising. Or having to explain to a child what that sign
means.
There was never a problem of knowing where to get canibus with the many websites. But they all USED to never have
signage.Just the address. Still. I don't want it in my city. We need to keep and make HB HIGH CLASS
Sent from Ray Ray's iPhone
SUPPLEMENTAL
COMMUNICATION
Meeflng Dft: �/Pl � y��
.bmNo. '