October 24, 2024 - Legislative Update – 2024 Session Recap
CITY COUNCIL INFORMATIONAL MEMORANDUM
Date: October 24, 2024
To: Cupertino City Council
From: Pamela Wu, City Manager
Re: Legislative Update – 2024 Session Recap
Purpose
This informational memorandum provides an overview of the 2024 Legislative Session.
It also includes insight on priority legislation related to retail theft, housing,
environmental policy, the state budget, and the 2024 November election.
Background
Cupertino’s legislative process includes the following three-step approach that is
strategically timed to coincide with key milestones in the legislative process:
As step one, staff provided an informational memorandum in January (Attachment A),
which outlined the legislative process and provided an overview of the 2023 legislative
session. Throughout the 2024 Legislative Session, the City Manager’s Office, City
Attorney’s Office, and the City’s Lobbyist monitored and researched pending legislation
to identify bills that could significantly impact Cupertino.
Step One
Jan/Feb
Step Two
April/May
Step Three
Sept/Oct
Provide an overview of upcoming legislation and potential activities as they
align with Council priorities.
Gather council input on pending legislation that have the
potential to impact Cupertino.
Present an overview of significant actions when
the legislative session has ended.
As step two of the process, staff presented a summary of these bills at the May 7 City
Council meeting. At this meeting, Council voted to support Assembly Bill 1779 (Irwin)
relating to public safety and Senate Bill 1143 (Allen) relating to hazardous waste
management. Council also voted to take a “support in concept” position on the Bay Area
Affordable Housing Bond Measure, which has since been removed from the ballot. The
staff report and other related materials can be viewed as Attachment B. As a follow up,
staff published an informational memorandum in August with final details and updates
on the Council supported bills, which can be viewed as Attachment C.
This informational memorandum serves as step three of the annual legislative process.
Staff works closely with the City’s Lobbyist, Gonsalves and Son to track bills and
provide updates to Council throughout the legislative session. Below is a summary of
the 2024 legislative session provided by the City’s Lobbyist. The update includes newly
passed legislation, the State budget as well as the legislature’s composition post
November election.
Legislative Update
This year, the Legislature introduced 2,531 bills between the two houses, with 1,729 in
the Assembly and 802 in the Senate. The Legislature went right up until the midnight
deadline on August 31 to finish up a chaotic final week of the legislative session. A total
of 1,206 bills advancing to Governor Newsom’s desk. The Governor had until September
30 to act on legislation, and this year he signed 1,017 bills and vetoed 189 bills.
Additionally, despite the August 31 deadline to adjourn session, Governor Newsom
called for an extraordinary session to address the State’s high gas prices.
In addition to the State’s massive budget deficit, the Legislature focused on numerous
policy issues this year, including housing, homelessness, retail theft, and environmental
policy. The following will provide you with a summary of these priority areas from this
past year:
Retail Theft
Legislators in both houses felt pressure from their constituents to make public safety
reform a top priority this year. Once Proposition 36 qualified for the November ballot,
the Legislature responded by quickly moving a package of 10 crime bills, listed below, to
the Governor, who signed them in mid-August.
• AB 1779: Permits the consolidation of specified theft charges, as well as all
associated offenses, occurring in different counties into a single trial if the district
attorneys in all involved jurisdictions agree.
• AB 1802: Eliminates the sunset date for the crime of organized retail theft and for
the existence of a taskforce established by the California Highway Patrol to
analyze organized retail theft and vehicle burglary and to assist local law
enforcement in counties identified as having elevated property crime.
• AB 1972: Expands the regional property crimes tasks force within the California
Highway Patrol to include railroad police and cargo theft.
• AB 2943: Authorizes peace officers to make warrantless arrests for misdemeanor
shoplifting, among other provisions related to retail theft.
• AB 3209: Allows a court to issue an order prohibiting a person from being
present on the grounds of, or any parking lot adjacent to and used to service, a
retail establishment and any other retail establishments in that chain or franchise,
as specified, and makes a violation of the order would be punishable as a
misdemeanor punishable by incarceration in county jail for up to six months.
• SB 905: Creates the new crime of forcibly entering a vehicle with the intent to
commit theft or any other felony and the new crime of unlawfully possessing
property acquired through theft from a vehicle with intent to sell where the
value of the property possessed exceeds $950.
• SB 982: Removes the sunset date on the provision of law that criminalizes
organized retail theft, thereby making the operation of the law permanent.
• SB 1144: Expands existing requirements for online marketplaces, as defined, to
collect certain information from high-volume third-party sellers on those
platforms, as defined, and permits a district attorney, city attorney, or county
counsel to enforce the requirements.
• SB 1242: Specifies that for the crime of reckless arson, the fact that the offense
was carried out within a merchant’s premises in order to facilitate organized
retail theft shall be a factor in aggravation at sentencing.
• SB 1416: Creates new sentencing enhancements for selling, exchanging, or
returning for value, or attempting to sell, exchange, or return for value, any
property acquired through one or more acts of shoplifting, theft, or burglary
from a retail business.
The package of bills aims to crack down on the theft and sale of stolen items, increasing
enforcement and prosecutions, and combines values to meet felony thresholds.
Additionally, the bills target smash-and-grabs, increases penalties for car break-ins and
theft, and eliminates the retail theft sunset provisions.
Housing
Not uncommon to prior years, the Legislature also focused on various housing and
development legislation that is particularly impactful to local cities. Here are some bills
that are most likely to impact Cupertino:
• AB 1893: Amends and expands upon builder’s remedy provisions, expands the
scope of Housing Accountability Act violations, and makes other modifications
to Housing Accountability Act. [See additional analysis below.]
• AB 2243: Amends ministerial development process created by AB 2011,
including provisions that expand development to certain larger sites defined as
regional malls and removing an exception that currently applies to sites near
freeways.
• AB 2553: Amends provisions of the Mitigation Act that impose standards on
transportation impact fees for housing development projects within ½ mile of a
major transit stop.
• AB 3093: Modifies housing element reporting requirements and requires seventh
cycle housing elements to plan for housing for acutely low and extremely low-
income households.
• AB 3122: Expands eligibility for ministerial approval under Government Code
section 65913.4 (SB 35) to projects where (i) the project application was submitted
prior to January 1, 2019; (ii) the project includes at least 500 units of housing; and
(iii) the project seeking approval or seeking a modification to a prior approval
dedicates 20 percent of the total number of units, before calculating any density
bonus, as affordable units, with at least 9 percent affordable to very low income
households. Modifications to the Vallco SB 35 project would likely fall within the
scope of this provision.
• SB 450: Revises procedures and standards for ministerial approval of lot splits
and duplex under SB 9.
• SB 937: Amends the Mitigation Fee Act to prohibit the collection of impacts
before the date of the final inspection or the date the certificate of occupancy is
issued, whichever occurs first, subject to certain exceptions.
• SB 1037: Imposes a minimum civil penalty of $10,000 per month for violations of
any state law requiring a local agency to ministerially approve a permit for a
housing development project.
• SB 1123: Amends standards for ministerial approval of small lot subdivisions.
• SB 1211: Amends standards for ministerial approval of accessory dwelling units.
Environmental Policy
The Climate Bond
This year, the Legislature took action to place a $10 billion climate bond initiatives on the
ballot. The vehicle for the Climate Bond, SB 867 (Allen), was passed by the Legislature
on July 3, 2024 and signed that day by Senate President Pro Tempore McGuire, serving
as acting Governor.
The $10 Billion Climate Bond will provide funding for the following:
• $3.8 billion for Safe Drinking Water, Drought, Flood, and Water Resilience
• $1.5 billion for Wildfire and Forest Resilience
• $1.2 billion for Sea Level Rise and Coastal Resilience
• $450 million for Extreme Heat Mitigation
• $1.2 billion for Protect Biodiversity and Accelerating Nature-Based Climate
Solutions
• $300 million for Climate Smart, Sustainable, and Resilient Farms, Ranches, and
Working Lands
• $700 million for Park Creation and Outdoor Access
• $850 million for Clean Air
ABX2-1
After the end of the legislative session, in a rare occurrence, Governor Newsom called
for a special session to regulate petroleum fuels and feedstock inventories in an effort to
lower oil pricing.
On October 1, 2024, the Assembly returned to Sacramento to consider ABX2-1 (Hart)
and ABX2-9 (Petrie-Norris). ABX2-1 (Hart) would authorize the California Energy
Commission (CEC), to increase transportation fuel supply by requiring refiners to
maintain resupply plans to cover production loss during maintenance events and to
maintain minimum levels of inventories. ABX2-9 (Petrie-Norris) would require the CEC,
in consultation with the California Air Resource Board (CARB), to report to the
Legislature by July 1, 2025, on potential solutions to increase the supply of gasoline. The
bill would also allow CARB to adopt a fee on ethanol producers to cover their costs
associated with the development, implementation, and enforcement of gasoline blends.
ABX2-1 (Hart) was signed into law on October 14, while ABX2-9 (Petrie-Norris) died in
the Senate on October 16. This extra session officially marked the end of the 2024
Legislative session.
The State Budget
Aside from newly passed legislation, the summary below provides an overview of the
State budget as the State’s fiscal health has a direct impact to pending legislation. This
year, the Legislature closed a projected $47 billion General Fund deficit across the three-
year “budget window” (fiscal years 2022-23 through 2024-25) using a broad array of
budget tools. The “solutions” in the 2024-25 budget package include:
• $16 billion in spending reductions
• $13.6 billion from a combination of additional revenue and borrowing from state
special funds
• $6 billion in fund shifts
• $6 billion in withdrawals from the Budget Stabilization Account and the Safety
Net Reserve
• $3.1 billion in funding delays and pauses
• $2.1 billion in deferrals
On June 13th, the Legislature passed its main budget bill, AB 107, a placeholder to meet
the June 15th Constitutional deadline. This bought the Governor and Legislature more
time to work out an agreement and, more importantly, avoid the Legislature having to
forfeit their pay. On June 22, Governor Newsom and Legislative leaders announced they
had a budget agreement. The Assembly and Senate approved the budget bills on June
26, and Governor Newsom signed the bills on June 29. In his final act of the year’s
regular legislative session, Governor Newsom signed AB 179, which creates new tools
for the state to set aside a portion of anticipated surplus funds in future fiscal years. This
legislation creates a Projected Surplus Temporary Holding Account, allowing the state
to place anticipated surpluses in reserve for future use.
2024 General Election
At the upcoming November General Election, all 80 Assemblymembers and 20 of the 40
Senators will be up for election. Regardless of the outcomes at the ballot box, the state
will have at least 35 new members of the Legislature when they return next year. That,
coupled with the 37 new members in the 2022 freshman class, totals 72 of the 120 (60%)
members of the legislature having served 2 years or less. Cupertino is expected to get
one new representative as Assemblymember Evan Low is now running for a seat in the
U.S. House of Representatives. Due to redistricting, Cupertino will be under Senator
Becker as of January 1, 2025. The November 2024 General election will also include ten
(10) Statewide initiatives, which can be viewed in Attachment D and one (1) local county
initiative, which can be viewed in Attachment E.
Next Legislative Session and the 2025 Legislative Process
The Legislature will return on December 2, 2024, for the swearing in ceremony for the
new members. On January 3, 2025, the Legislature will officially reconvene for the 2025-
26 legislative session. The deadline to submit language to Legislative Counsel will be
late January 2025, followed by the bill introduction deadline in mid-February.
Staff will prepare an informational memorandum in late February to kick off the 2025
legislative process. For more information on Cupertino’s Legislative Activity visit
cupertino.org/legislation.
Sustainability Impact
No sustainability impact.
Fiscal Impact
No fiscal impact.
_____________________________________
Prepared by: Astrid Robles, Senior Management Analyst
Reviewed by: Christopher Jensen, City Attorney
Tina Kapoor, Interim Assistant City Manager
Approved for Submission by: Pamela Wu, City Manager
Attachments:
A – Step 1: Informational Memorandum from January 17, 2024, City Council Meeting
B – Step 2: Staff Report and Meeting Materials from May 7, 2024, City Council Meeting
C – Follow-up Informational Memorandum from August 30, 2024
D – 2024 Statewide Ballot Initiatives
E – 2024 Local County Initiative
CITY COUNCIL INFORMATIONAL MEMORANDUM
Meeting: January 17, 2024
To: Cupertino City Council
From: Pamela Wu, City Manager
Re: 2023 legislative activity and priorities update.
Reasons for Recommendation
The legislative Advocacy Policy (Resolution No. 23-026, Attachment A) sets forth a
process for the City to engage in legislative activities and advocacy, rely on staff
knowledge on the applicability of prospective legislation, and reflect the voice of entire
Council in taking positions on legislation. Since the policy was adopted in February
2023, the City Manager’s Office (CMO) has monitored and researched pending
legislation to identify bills that could significantly impact Cupertino. Staff has
maintained a list of these bills, which is posted on the City’s website at
cupertino.org/legislation. Staff will bring these identified bills forward for Council
consideration in spring and facilitate letters to the legislature outlining the City’s
position.
2023 Legislative Activity and Advocacy Update
In 2023, the City monitored 15 bills, which can be found at cupertino.org/legislation. Of
these 15 bills, the City took positions and sent letters to the state Legislature regarding
three bills:
1. ACA 5 (support) – Enacted into law in 2023.
2. AB 1469 (support) – Signed into law in 2023.
3. The Taxpayer Protection and Accountability Act (oppose) – Though opposed
by various cities and legislative organizations, this initiative has qualified for
the November 2024 general election.
Many of the other bills on the City’s watch list are two-year bills and may be considered
again during the 2024 Legislative Session. Staff will continue to monitor these bills along
with other new bills introduced in early 2024.
Attachment A - Step 1: Informational Memorandum from January 17, 2024, City Council Meeting
This past year, staff spent considerable time and effort advocating around the California
Department of Tax and Fee Administration (CDTFA) matters. This work has included
participation in stakeholder meetings with CDTFA, the Governor’s office, our
legislators, and other pertinent state agencies. This is an ongoing effort that staff will
continue to actively engage in.
Other 2023 State Legislation Highlights
Broadly speaking CalCities adopted positions on 66 measures/bills that made it to
Governor Newsom’s desk. The Governor signed 82% of the bills CalCities supported
and vetoed 42% of the bills opposed by CalCities (compared to the Governor’s overall
average 14% veto rate).
Collaborations and Partnerships
CMO staff and the City Attorney’s Office, in collaboration with the City Council, are the
core team and are primarily responsible for all legislative activity and bill tracking
within Cupertino. CMO staff also works with all City Departments to gather input on
bills related to specific focus areas to determine potential impacts of legislation on
Cupertino. The City remains under contract with Gonsalves and Son, a state lobbyist, to
maintain a presence in Sacramento and to remain apprised of key legislative activity.
To track and drive legislation, staff also participates with a number of coalitions and
tries to find alignment with different groups such as Cal Cities, SCC legislative
coordinators, MTC, ABAG, Valley Water, Mid Pen Housing, and others.
The City’s lobbyist, Joe A. Gonsalves & Son, actively tracked and advocated on behalf of
the City on all bills where the City adopted a position. This includes private meetings
with legislators, staff and pertinent committee consultants, as well as any necessary state
agency and/or Administration related advocacy.
Looking Ahead to 2024 Legislative Priorities and Program
The legislative advocacy work is guided by the Council adopted goals of Public
Engagement and Transparency, Transportation, Housing, Sustainability & Fiscal
Strategy, and Quality of Life (Attachment C).
Staff recommends the following Strategic Legislative Priorities for 2024 that align with
the Council adopted goals to direct the City’s advocacy efforts and resources. These
legislative priorities will focus on supporting legislation that:
1. Helps Cupertino build a fiscally sustainable and resilient community.
2. Furthers the health and wellbeing of Cupertino community members and
enhances public engagement and transparency.
3. Promotes Cupertino’s infrastructure needs, especially as they relate to
transportation and housing.
Attachment A - Step 1: Informational Memorandum from January 17, 2024, City Council Meeting
In 2024, staff will continue to monitor and research bills using the above mentioned
Strategic Legislative Priorities as guiding principles and oppose legislation that affects
the City’s ability to accomplish them. Should the Council adopted goals change at the
next Council priority setting session, staff will follow the new goals as guiding
principles for the City’s advocacy work.
Staff will also continue to focus on regional coordination with our legislative teams,
raising the profile of Cupertino, as well as making a pointed effort to expand our
alliances and our work with coalitions. Considerable effort will be spent to protect the
City’s tax revenue and watch bills that might affect our ability to operate and provide
services.
Next Steps
Staff will bring updates to Council based on the legislative cycle. Staff reports will be
strategically timed to coincide with key milestones in the legislative process as follows:
January/ February – provide an overview of upcoming legislation and potential
activities as they align with Council priorities.
April/ May - Gather council input on pending legislation that have the potential
to impact Cupertino based on the priorities above.
September/October - Present a legislative overview when the legislative session
has ended.
Sustainability Impact
No sustainability impact.
Fiscal Impact
No fiscal impact.
California Environmental Quality Act
Not Applicable.
Prepared by: Astrid Robles, Senior Management Analyst
Tina Kapoor, Deputy City Manager
Reviewed by: Matt Morley, Assistant City Manager
Chris Jensen, City Attorney
Approved for Submission by: Pamela Wu, City Manager
Attachments:
A – Resolution No. 23-026 Legislative Advocacy Policy
B – 2023 Council Adopted Goals
Attachment A - Step 1: Informational Memorandum from January 17, 2024, City Council Meeting
RESOLUTION NO. 23-026
A RESOLUTION OF THE CUPERTINO CITY COUNCIL
REVISITING THE CITY OF CUPERTINO LEGISLATIVE ADVOCACY
POLICY
WHEREAS, the City Council has an interest in weighing in on state, federal,
and regional legislative issues that impact the City and its residents; and
WHEREAS, the City receives legislative action alerts sent by various city
associations that need to be reviewed on a case by case basis; and
WHEREAS, the City Council has historically approved City positions on
proposed legislation by majority vote of the City Council; and
WHEREAS, in addition to allowing for City Council action, Cupertino
City Council Resolution No. 18-010 established a Legislative Advocacy Policy
that delegated Council power to the Legislative Review Committee to take
positions on proposed legislation where the position was within the judgment of
the Committee consistent with the City’s adopted Legislative Advocacy Policy;
and
WHEREAS, the City Council finds that this delegation of authority is
inconsistent with Municipal Code section 2.17.031, which provides that the
authority of the City Council “cannot be delegated to individual Council
members, nor to committees composed of council members consisting of less
than a quorum of the City Council”; and
WHEREAS, the City Council wishes to revise the Legislative Advocacy Policy to
ensure consistency with the Municipal Code and to allow the City Manager to take
direction from the full Council, consistent with the requirements of the Municipal
Code.
NOW, THEREFORE, BE IT RESOLVED:
1. The City Council hereby adopts the Legislative Advocacy Policy
attached hereto as Exhibit A.
Attachment A - Step 1: Informational Memorandum from January 17, 2024, City Council Meeting
Resolution No. 23-026
Page 2
2. Resolution No. 18-010 and any other procedures, polices, or rules
adopted by the Council that are inconsistent with this Resolution are
hereby repealed and rescinded.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 21st day of February, 2023, by the following vote:
Members of the City Council
AYES: Wei, Mohan, Fruen
NOES: Chao, Moore
ABSENT: None
ABSTAIN: None
SIGNED:
Hung Wei, Mayor
City of Cupertino
Date
ATTEST:
Kirsten Squarcia, City Clerk Date
2/24/2023
2/28/23
Attachment A - Step 1: Informational Memorandum from January 17, 2024, City Council Meeting
Resolution No. 23-026
Page 3
LEGISLATIVE ADVOCACY POLICY
I.PURPOSE
The purpose of this policy is to establish guidelines regarding City legislative
advocacy by the City Council.
II.BACKGROUND
The City has actively taken positions on legislation for many years through
direction of the full Council and the Legislative Review Committee. On January
25, 2023, the City Council voted to dissolve the Legislative Review Committee
and consider taking positions on pending legislation as a full Council.
III.POLICY STATEMENT
1.Each year staff will monitor and research pending legislation to
identify bills that could significantly impact Cupertino. Staff will bring
these identified bills to Council for consideration at a City Council
meeting. With authorization from the full Council, City staff shall
prepare position letters for the Mayor’s signature. This work can be
additionally supported by a contracted lobbyist, as needed.
2.In circumstances where Council review is impracticable, the City
Manager can authorize staff to prepare position letters for the Mayor’s
signature on urgent matters. Positions must align with a policy
adopted by the City Council or other clear direction provided by vote
of the full Council that supports the position taken on legislation.
3.Legislative advocacy should focus on issues directly relevant to or
impacting the provision of municipal services. Generally, the City will
not address matters that are not pertinent to the City’s local
government services, such as international issues.
IV.IMPLEMENTATION
The City Manager shall monitor the provisions of this policy. City departments
are encouraged to monitor and be knowledgeable of any legislative issues related
to their discipline. However, any requests for the City to take positions on a
legislative matter must be directed to the City Attorney’s Office. City
Exhibit A
Attachment A - Step 1: Informational Memorandum from January 17, 2024, City Council Meeting
Resolution No. 23-026
Page 4
departments may not take positions on legislative issues without City Manager’s
Office review, and approval from the full Council when required by this policy.
Attachment A - Step 1: Informational Memorandum from January 17, 2024, City Council Meeting
Established Council Priorities
In February 2020, the City Council adopted a number of goals to provide a framework for City
priorities and to guide annual development of the Work Program. City Council reaffirmed their
goals in March 2023 to include:
•Public Engagement and Transparency
o Creating and maintaining key conversations and interactions with the Cupertino
Community.
•Transportation
o Providing access to an efficient, safe multi-modal transportation system for our
community, and advocating for effective, equitable mass transit in the greater
region.
▪Improving Traffic Flow and Alleviating Congestion
•Housing
o Contributing meaningfully and in a balanced manner to the housing inventory in
support of our community needs, including affordable housing (from extremely
low-income to moderate-income level housing) and addressing homelessness.
•Sustainability & Fiscal Strategy
o Continuing Cupertino’s commitment to building a sustainable and resilient
community for future generations.
•Quality of Life
o Furthering the health and well-being of all Cupertino community members.
▪Air Quality and Noise
▪Public Safety
▪Recreation
▪Access to Goods and Services
Attachment A - Step 1: Informational Memorandum from January 17, 2024, City Council Meeting
CITY COUNCIL STAFF REPORT
Meeting: May 7, 2024
Subject
2024 Legislative Update
Recommended Action
Receive an overview of pending legislation and direct staff to prepare and send letters
taking positions on the following:
1) Bay Area Affordable Housing Measure (BAHFA) – Affordable Housing
2) AB 1779 (Irwin) – Public Safety
3) SB 1143 (Allen) – Environmental – Waste Management
Reasons for Recommendation
Background
At the January 17 City Council meeting, Council received an informational memo1
outlining the 2024 Legislative Process and the following priorities that were proposed
based on Council-adopted goals focusing on the most critical City needs:
The City will support legislation that:
1. Helps Cupertino build a fiscally sustainable and resilient community.
2. Furthers the health and wellbeing of Cupertino community members and
enhances public engagement and transparency.
3. Promotes Cupertino’s infrastructure needs.
The Legislative Process includes a three-step approach that is strategically timed to
coincide with key milestones in the legislative cycle:
1 https://cupertino.legistar.com/LegislationDetail.aspx?ID=6464059&GUID=9AB54CFC -E992-
4298-93FC-21D167AC15AC&Options=&Search=
Attachment B - Step 2: Staff Report and Meeting Materials from May 7, 2024, City Council Meeting
2
The January informational memorandum focused on Step One of the process. Staff has
continued to coordinate with the City’s Lobbyist to monitor and research pending
legislation. This report focuses on Step Two in the legislative process and provides
Council an opportunity to consider legislation prior to important committee deadlines2.
The City Manager’s Office and the City Attorney’s Office have reviewed and identified
bills of interest for Cupertino for Council consideration.
2024 Legislative Update and Trends
This year, the Legislature introduced 2,295 new bills, which includes 1,593 in the
Assembly and 702 in the Senate. The Legislature has emphasized public safety bills to
reduce crime and theft to residents and businesses. In addition, climate and housing
initiatives that aim to improve the quality of life for all California residents remain a top
priority for the Legislature this year. The City’s Lobbyist prepared an overview of the 2024
Legislative Session with additional information, which can be found in Attachment A.
Bills of Interest
Each year, staff consolidates a list of bills identified by the City’s Lobbyist and groups
such as Cal Cities, SCC legislative coordinators, MTC, ABAG, Valley Water, Mid Pen
Housing, and others. The full list can be found in Attachment B and includes a summary
of the legislation and staff recommendations for each. Staff has further narrowed down
the list by following the 2024 Legislative Priorities established in January and as outlined
above, aligning with the Council-adopted goals of Public Engagement and Transparency,
Transportation, Housing, Sustainability & Fiscal Strategy, and Quality of Life.
The League of California Cities represents a strong lobbying voice. Staff recommends
continuing to rely on their representation for much of the legislation that develops. Where
legislation has specific interest or impacts in Cupertino, the City may want to establish a
position. The approach in assessing legislation has been to take a limited number of
positions to maximize the impact when a position is taken.
2 https://www.senate.ca.gov/system/files/2024-04/final-agreed-2024-legislative-calendar.pdf
Step One
Jan/Feb
Step Two
April/May
Step Three
Sept/Oct
Provide an overview of upcoming legislation and potential activities as they
align with Council priorities.
Gather council input on pending legislation that have the
potential to impact Cupertino.
Present an overview of significant actions when
the legislative session has ended.
Attachment B - Step 2: Staff Report and Meeting Materials from May 7, 2024, City Council Meeting
3
Staff recommends that the City Council consider supporting the following bills which
are aligned with the 2024 Strategic Legislative Priorities and encompass the City’s three
major focus areas: Affordable Housing, Public Safety, and Environmental Programs.
1) Affordable Housing
Staff recommendation – Support
Bay Area Affordable Housing Measure (BAHFA)3
o Summary: This regional bond measure aims to generate $10-$20 billion to
build approximately 72,000 new affordable homes. 80% of the bond
revenue will go directly to the nine bay area counties and four cities-San
Jose, Oakland, Santa Rosa, and Napa. The remaining 20% of the bond
revenue will be invested in affordable developments throughout the
region, while also generating new housing resources to support
affordable housing development long after the bonds are fully spent.
o Potential Impact: If approved, Cupertino could potentially receive
funding through Santa Clara County. The County’s allocation is
estimated4 as follows:
o $1.2B if the bond is $10B
o $2.4B if the bond is $20B
The Bay Area Housing Finance Authority (BAHFA) will determine the
final value of the bond ($10 billion or $20 billion) on May 22.
o Support: The Bay Area Housing Finance Authority (BAHFA) is
proposing this measure. BAHFA is governed by the BAHFA board,
composed of the same members as the Metropolitan Transportation
Commission and the Association of Bay Area Governments’ Executive
Board. This measure is regionally supported.
o Oppose: None as of May 1, 2024
2) Public Safety – Retail Theft
Staff Recommendation - Support
AB 1779 (Irwin)5
o Summary: Current law defines types of theft, including petty theft, grand
theft, and shoplifting. Current law also defines the crimes of robbery and
jurisdictionally limits prosecution of each type of theft to criminal actions
brought by the Attorney General. This bill would remove the
jurisdictional limitations and expand the coordination and abilities of
District Attorneys to work together to prosecute theft offenses that occur
in several counties throughout several counties.
3 https://mtc.ca.gov/about-mtc/authorities/bay-area-housing-finance-authority/bay-area-
affordable-housing-bond
4 https://mtcdrive.app.box.com/s/xufy2s22g57cqney761ukvt35jfdddog
5https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202320240AB2943
Attachment B - Step 2: Staff Report and Meeting Materials from May 7, 2024, City Council Meeting
4
o Potential Impact: In Cupertino, retail stores like Target have been victims
of retail theft crimes. This bill aims to hold offenders accountable through
a streamlined regional effort.
o Support: California Correctional Supervisors Organization, INC.,
California District Attorneys Association, California State Sheriffs'
Association, Chief Probation Officers' of California (CPOC), City of Santa
Clarita, League of California Cities, Peace Officers Research Association
of California (PORAC), San Diego County District Attorney's Office,
Valley Industry and Commerce Association (VICA), Ventura County
Office of The District Attorney
Oppose: Communities United for Restorative Youth Justice (CURYJ), Ella
Baker Center for Human Rights, Initiate Justice, Initiate Justice Action, LA
Defensa
3) Environmental – Waste Management
SB 1143 (Allen)6
Staff Recommendation - Support
o Summary: This bill would establish an extended producer responsibility
(EPR) program for Household Hazardous Waste (HHW) to set up a
system where producers of the HHW products would be responsible for
paying for proper disposal. SB 1143 would establish an EPR program for
California’s HHW collection and management system, just like for single-
use plastics.
o Potential Impact: Under the bill, cities would be reimbursed for the costs
of running and bolstering HHW programs. The City currently has
funding to participate in the County’s HHW program for the next 3-4
years. This bill could bring in direct funds to offset the future costs for the
City to continue participating in this program.
o Support: National Stewardship Action Council (sponsor), 5 Gyres
Institute, 7th Generation Advisors, Ban Single Use Plastic, California
Association of Environmental Health Administrators, California
Environmental Voters, California Rural Legal Assistance Foundation,
California Teamsters Public Affairs Council, California Waste Recovery
System, Californians Against Waste, Californians for Pesticide Reform,
Center for Biological Diversity, Center for Farmworker Families, Center
on Race, Poverty & the Environment, Central California Environmental
Justice Network, City of Santa Barbara, Clean Water Action,
Cleanearth4kids.org, Climate Reality Project, California Coalition, County
of Los Angeles Board of Supervisors, Environmental Working Group,
Friends of The Earth, Greenwaste Recovery, Heal the Bay, League of
California Cities, Marin Sanitary Service, Napa Recycling and Waste
6 https://leginfo.legislature.ca.gov/faces/billStatusClient.xhtml?bill_id=202320240SB1143
Attachment B - Step 2: Staff Report and Meeting Materials from May 7, 2024, City Council Meeting
5
Services, Pesticide Action Network, Physicians for Social Responsibility -
Los Angeles, Product Stewardship Institute, Republic Services - Western
Region, Resource Recovery Coalition of California, Rethinkwaste, Rural
County Representatives of California, Sea Hugger, Sierra Club California,
Story of Stuff Project, Town of Truckee, Turtle Island Restoration
Foundation, Universal Service Recycling, Inc., Valley Improvement
Projects, Worthington Industries, Zero Waste Marin Joint Powers
Authority, Zero Waste Sonoma, Zero Waste USA
Oppose: American Chemistry Council, American Cleaning Institute, Cal
CIMA, California Chamber of Commerce, California Manufacturers &
Technology Association, Can Manufacturers Institute, Household and
Commercial Products Association, Industrial Environmental Association,
National Aerosol Association, Industry for A Sound Environment,
Western Aerosol Information Bureau, Western Plant Health Association
Other Priority Legislation
In addition to the bills outlined above, the City took a position on Initiative No. 21-
0042A, sponsored by California Business Roundtable (CBRT), titled “Taxpayer
Protection and Government Accountability Act”, opposing the legislation in December
2021 and again in March 2023.
Looking ahead
Throughout the legislative cycle, Staff will maintain a focused list of legislative activities
that are pertinent to Cupertino, which can be viewed at cupertino.org/legislation. This
list is updated monthly. Councilmembers may request that staff consider other bills of
interest throughout the legislative session on an as-needed basis. Staff will research the
additional bills and determine the relevancy and level of impact on the City.
As part of the next and final step (Step 3) in the 2024 Legislative Process, Staff will present
an overview of significant actions when the legislative session has ended, highlighting
relevant bills signed into law by the Governor.
Sustainability Impact
No sustainability impact.
Fiscal Impact
No fiscal impact.
California Environmental Quality Act
Not Applicable.
Prepared by: Astrid Robles, Senior Management Analyst
Tina Kapoor, Deputy City Manager
Attachment B - Step 2: Staff Report and Meeting Materials from May 7, 2024, City Council Meeting
6
Reviewed by: Matt Morley, Assistant City Manager
Chris Jensen, City Attorney
Approved for Submission by: Pamela Wu, City Manager
Attachments:
A – Legislative Update
B – 2024 State Measures and Bills of Interest
Attachment B - Step 2: Staff Report and Meeting Materials from May 7, 2024, City Council Meeting
ATTACHMENT A
1
TO: City of Cupertino
FROM: Anthony, Jason & Paul Gonsalves
SUBJECT: 2024 Legislative Update
DATE: Tuesday, May 7, 2024
_____________________________________________________________________________________
The Legislature returned from interim recess on January 3, 2024, to start the second half of the 2023‐24
Legislative Session. The 2024 Legislative Session has brought a lot of change to the Legislature. There’s
change in Legislative leadership from previous sessions, change in Chairs and Members of committees
from previous sessions, change in the State’s budget forecasts, and change in future legislative
representation.
Legislators had until February 16, 2024, to introduce new bills in the second year of the 2‐year
Legislative Session. This year, the Legislature introduced 2,295 new bills, which includes 1,593 in the
Assembly and 702 in the Senate. All bills are required to be in print for 30 days before they can be heard
in Committee, which pushed most of the new bills to the middle of March or early April before they are
heard in their first policy Committee.
On March 21, 2024, the Legislature left Sacramento for its week‐long Spring Recess. They returned to a
busy capitol on April 1, 2024. April is typically one of the busiest times of the year in the Legislature since
most of the several thousand bills introduced at the beginning of the year have yet to be heard in policy
committees. As such, the month is packed full of hearings and meetings as legislators sort through the
bills and lobbyists meet with legislators in advance of those hearings.
LEADERSHIP CHANGES
Former Assembly Speaker, Anthony Rendon, and current President Pro Tem of the Senate, Toni Atkins,
are both in their last year of office due to term limits. Because of this, both houses elected new leaders.
Assembly
Assembly Speaker, Robert Rivas, took over for former Assembly Speaker Anthony Rendon during the
final weeks of the 2023 session. His influence is now taking shape and growing in the 2024 Legislative
Session. Speaker Rivas has installed many new Committee Chairs and has appointed dozens of new
Members to Committees. One early, and notable, change is that Speaker Rivas has directed Committee
Chairs to allow all bills referred to Committee to be eligible for a hearing in that Committee, if the
author of the bill so chooses. While this changes from the policy of the previous Speaker, who had
allowed Chairs to simply decide whether a bill deserved a hearing or not, it is actually a return to long‐
Attachment B - Step 2: Staff Report and Meeting Materials from May 7, 2024, City Council Meeting
ATTACHMENT A
2
standing procedures of the Legislature whereby the authors could decide whether their bill is set for a
hearing or not.
Senate
Late in the 2023 Legislative Session, the Senate elected Senator Mike McGuire to be the next President
Pro Tempore of the Senate. He took over the Senate on February 5, 2024, thereby allowing all the two‐
year bills that needed to clear the house of origin to do so under the sitting leader and Committee
Chairs.
Senator McGuire is a very active, hands‐on Legislator. As a former lieutenant to President Pro Tem
Atkins, he managed the workflow of the Senate and is in a constant state of motion, engaging with his
colleagues and being “in the know” on the matters at hand. Senate President Pro Tempore McGuire also
made changes to his leadership team and the makeup of the Senate Committees, including the Chairs.
ELECTORAL CHANGE
The 2024 Legislative Session will also bring change to the Legislature. This year, all 80 Assembly seats are
up for reelection along with 20 of the 40 Senate seats. Of the 120 seats in the Legislature, there are 35
Members who are termed out in 2024. A majority of these 35 Legislators are seeking a different elective
office, which might be the other house, Congress, or local elective office. For those running for a
different office, some of these Legislators have found themselves running against another sitting
Legislator for a new office. Every election cycle brings a modest amount of change to the Legislature. 35
termed out Members is a large number and how they legislate in their final months will be an
interesting development.
BUDGET UPDATE
California is facing a significant budget deficit. The highly respected non‐partisan Legislative Analyst’s
Office (LAO) previously projected a $58 billion deficit based on the Governor’s revenue
projections. However, the Governor’s January budget proposal projected a $38 billion deficit.
In early February, the LAO released an update that predicts that by the time the Governor releases his
May Revision to the budget, the state’s deficit is projected to be $15 billion higher, ballooning to $73
billion. On the other hand, State revenues came in $1.16 billion higher than projected for the month of
February, mainly from personal income taxes and corporation taxes. Even with slightly higher
projections, the Governor and Legislature have their work cut out for them to balance the state’s
budget.
In March, Senate Democrats unveiled their plan to take early action to address the state’s budget
deficit. It is labeled as the “Shrink the Shortfall” plan, and it is the first step of an ongoing process to
address the state’s budget deficit1. Senator Wiener, chair of the Senate Budget Committee, said that the
second step of the budget strategy will be unveiled later this spring, likely after California Gov. Gavin
Newsom unveils his revised budget in May.
The Senate’s plan seeks to address between $12‐$17 billion of the state’s budget shortfall while saving
the more challenging fiscal decisions for later this spring when lawmakers have a more complete budget
picture.
1 https://sbud.senate.ca.gov/
Attachment B - Step 2: Staff Report and Meeting Materials from May 7, 2024, City Council Meeting
ATTACHMENT A
3
The plan calls for $3.3 billion in spending reductions over the next two years. Additionally, the plan also
calls for $4.7 billion in borrowing for those two fiscal years, $3.9 billion in fund shifts, $3.2 billion in
delayed funding and $2.1 billion in deferrals, for a total of $17.1 billion in savings.
If the “Shrink the Shortfall” solutions are adopted, and the Gov uses about $12.2 billion from the state
Rainy Day Fund, Senate Democrats estimate the remaining deficit to be anywhere from $8.6 billion to
$23.6 billion.
2024 Legislative Deadlines
February 16 Last day for bills to be introduced
April 26 Last day for policy committees to hear and report to fiscal committees fiscal bills
introduced in their house
May 3 Last day for policy committees to hear and report to the Floor nonfiscal bills introduced
in their house.
May 10 Last day for policy committees to meet prior to May 28.
May 17 Last day for fiscal committees to hear and report to the Floor bills introduced in their
house. Last day for fiscal committees to meet prior to May 28.
May 20‐24 Floor session only. No committee may meet for any purpose except for Rules
Committee, bills referred pursuant to Assembly Rule 77.2, and Conference Committees.
May 24 Last day for each house to pass bills introduced in that house.
May 28 Committee meetings may resume
June 15 Budget Bill must be passed by midnight.
June 27 Last day for a legislative measure to qualify for the Nov. 5 General Election ballot
July 3 Last day for policy committees to meet and report bills. Summer Recess begins upon
adjournment, provided Budget Bill has been passed.
August 5 Legislature reconvenes from Summer Recess.
August 16 Last day for fiscal committees to meet and report bills.
August 19‐31 Floor session only. No committee may meet for any purpose except Rules Committee,
bills referred pursuant to Assembly Rule 77.2, and Conference Committees.
August 23 Last day to amend bills on the Floor.
August 31 Last day for each house to pass bills. Final Recess begins upon adjournment
Attachment B - Step 2: Staff Report and Meeting Materials from May 7, 2024, City Council Meeting
#Bill/
Author Title Summary Status Category Cal Cities
Position
City
Position
1 Initiative No.
21-0042A/
Sponsored by
California
Business
Roundtable
(CBRT)
Taxpayer
Protection and
Government
Accountability
Act Initiative
The ballot measure would amend the
California Constitution to apply new rules
to all new or increased taxes or fees
adopted by the state legislature or local
agencies. The measure would apply
retroactively to new or increased taxes or
fees adopted after January 1, 2022.
2/1/23 Initiative
qualified for the
November 2024
general election
ballot.
Revenue/
Taxation
Oppose Opposed
by LRC
12/10/21
Opposed
by City
Council
3/21/23
2 Bay Area
Financing
Housing
Authority's
Measure
The Bay Area
Housing Bond -
Regional
Funding for
Local Solutions
In November 2024, Bay Area residents
could potentially vote on a regional bond
measure to generate $10 -$20 billion to
build approximately 72,000 new
affordable homes. 80% of the bond
revenue will go directly to the nine bay
area counties and four cities-San Jose,
Oakland, Santa Rosa, and Napa. BAHFA
will invest 20% of the bond revenue in
affordable developments throughout the
region, while also generating new
housing resources to support affordable
housing development long after the
bonds are fully spent.
Still being
considered by
ABAG. Not
qualified for
election yet.
Revenue/
Housing
Support City Will
Consider
on 5/7/24
3 Initiative 23-
0017A1
(Prop 47
Changes)
Homelessness,
Drug Addiction,
and Theft
Reduction Act
The Homelessness, Drug Addiction, and
Theft Reduction Act would amend state
law to (1) create a new court process for
certain drug possession crimes, (2)
require a warning of future criminal
liability for people convicted of drug
distribution, (3) increase penalties for
certain drug crimes, and (4) increase
penalties for certain theft crimes. Some
of these changes would undo certain
reductions in punishment enacted by
Proposition 47.
Qualified for
November 2024
General Election
Public Safety Watch Watch
4 AB 2/ Ward Recycling: Solar
Photovoltaic
Modules
This measure would create end-of-life
management of photovoltaic modules (or
solar panels), minimization of hazardous
waste, and recovery of commercially
valuable materials.
9/1/2023 In
committee: Held
under
submission.
Environmental
Quality
Support Watch
2024 State Legislative Bills of Interest
ATTACHMENT B
1
Attachment B - Step 2: Staff Report and Meeting Materials from May 7, 2024, City Council Meeting
#Bill/
Author Title Summary Status Category Cal Cities
Position
City
Position
2024 State Legislative Bills of Interest
5 AB 491 /
Wallis
Local
Government:
Fines and
Penalties.
Current law authorizes the legislative
body of a local agency, as defined, to
make, by ordinance, a violation of an
ordinance subject to an administrative
fine or penalty, as specified. Existing law
requires the local agency to set forth by
ordinance the administrative procedures
that govern the imposition, enforcement,
collection, and administrative review by
the local agency of those administrative
fines or penalties. Current law authorizes
a person contesting a final administrative
order or decision to seek review by filing
an appeal to be heard by the superior
court, as specified. This bill would
authorize a local agency to establish, by
ordinance, a procedure to collect those
administrative fines or penalties by lien
upon the parcel of land on which the
violation occurred, as specified.
9/25/2023 -
Measure version
as amended on
September 13
corrected.
Legal/
Administrative
Fines
Watch Watch
6 AB 817 /
Pacheco
Open Meetings:
Tele-
conferencing:
Subsidiary Body.
Allows, until January 1, 2026, a subsidiary
body of a local agency to teleconference
without meeting all of the
teleconferencing requirements of the
Ralph M. Brown Act (Brown Act).
1/25/2024 - Read
third time.
Passed. Ordered
to the Senate.
(Ayes 54. Noes 8.)
In Senate. Read
first time. To
Com. on RLS. for
assignment.
Public
Engagement/
tele-
conferencing
Support/
Sponsor
Watch
7 AB 863/
Aguiar-Curry
Carpet
Recycling:
Carpet
Stewardship
Organizations:
Fines:
Succession:
Training
Would increase oversight and
enforcement measures for operation
of the state’s carpet stewardship
program and requires that up to 10% of
the funding from carpet assessments be
allocated to grants for apprenticeship
programs as specified.
9/11/2023
Ordered to
inactive file at the
request of
Senator
Portantino.
Environmental
Quality
Support Watch
8 AB 1238/
Ward
Hazardous
Waste: Solar
Panels
This bill would require the Department of
Toxic Substances Control to develop
alternative management standards for
managing photovoltaic modules. The bill
would specify parameters for the
standards, including, but not limited to,
promoting safe collections, reusing, and
recycling of photovoltaic modules.
6/7/2023
Referred to Com.
on E.Q.
Environmental
Quality
Watch Watch
ATTACHMENT B
2
Attachment B - Step 2: Staff Report and Meeting Materials from May 7, 2024, City Council Meeting
#Bill/
Author Title Summary Status Category Cal Cities
Position
City
Position
2024 State Legislative Bills of Interest
9 AB 1657/
Wicks
The Affordable
Housing Bond
Act of 2024.
This measure would place a $10 billion
bond measure on the November 2024
ballot to spur the production of
affordable and supportive housing.
3/4/2024 Read
second time,
amended, and re-
referred to Com.
on APPR.
Revenue/
Housing
Support Watch
10 AB 1772/
Ramos
Theft This bill requires the Department of
Justice (DOJ) to report to the Legislature
the number of misdemeanor convictions
for a crime of theft from a retail
establishment during the Governor’s
declared COVID-19 state of emergency.
4/24/24 In
Committee: Set,
first hearing.
Referred to
suspense file.
Public Safety Support Watch
11 AB 1779/
Irwin
Theft:
Jurisdiction
Would no longer limit the jurisdictional
rules for the above crimes to criminal
actions brought by the Attorney General.
If a case is brought by someone other
than the Attorney General, the bill would
require the prosecution to present
written evidence in the jurisdiction of the
proposed trial that all district attorneys in
counties with jurisdiction over the
offenses agree to the venue. The bill
would require charged offenses from
jurisdictions where there is not a written
agreement from the district attorney to
be returned to that jurisdiction.
4/25/2024 Read
third time and
amended.
Ordered to third
reading.
Public Safety Support City Will
Consider
on 5/7/24
12 AB 1794/
McCarty
Crimes: Larceny Proposition 47 makes the theft of money,
labor, or property petty theft punishable
as a misdemeanor, whenever the value of
the property taken does not exceed
$950. If the value exceeds $950, the theft
is grand theft, punishable as a
misdemeanor or a felony. Proposition 47
requires shoplifting (if the value of the
property taken does not exceed $950), to
be punished as a misdemeanor. This bill
would clarify that those values may be
aggregated even though the thefts
occurred in different places or from
different victims. The bill would also,
declarative of existing law, provide that
circumstantial evidence may be used to
prove that multiple thefts were
motivated by one intention, general
impulse, and plan.
4/24/24 In
Committee: Set,
first hearing.
Referred to
suspense file.
Public Safety Support Watch
ATTACHMENT B
3
Attachment B - Step 2: Staff Report and Meeting Materials from May 7, 2024, City Council Meeting
#Bill/
Author Title Summary Status Category Cal Cities
Position
City
Position
2024 State Legislative Bills of Interest
13 AB 1802/
Jones-Sawyer
Crimes:
Organized Theft
Would extend the operation of the crime
of organized retail theft indefinitely. By
extending the operation of an existing
crime, this bill would create a state-
mandated local program. This bill
contains other related provisions and
other existing laws.
4/24/24 In
Committee: Set,
first hearing.
Referred to
suspense file.
Public Safety Support Watch
14 AB 1820 /
Schiavo
Housing
Development
Projects:
Applications:
Fees and
Exactions.
This bill would authorize a development
proponent that submits a preliminary
application for a housing development
project to request a preliminary fee and
exaction estimate, as defined, and would
require the local agency to provide the
estimate within 30 business days of the
submission of the preliminary
application. For development fees
imposed by an agency other than a city
or county, the bill would require the
development proponent to request the
fee schedule from the agency that
imposes the fee.
4/29/24 Read
second time and
amended.
Housing/
Developer Fees
Oppose
Unless
Amended
Watch
15 AB 1845/
Alanis
Crimes: Grant
Program for
Identifying,
Apprehending,
and Prosecuting
Resale of Stolen
Property
Would, until January 1, 2030, create the
Identifying, Apprehending, and
Prosecuting Resale of Stolen Property
Grant Program to be administered by the
board. The bill would require the board
to award grants, on a competitive basis,
to county district attorneys’ offices and
law enforcement agencies, acting jointly
to investigate and prosecute receiving
stolen goods crimes and criminal
profiteering. The bill would require the
board to prepare and submit a report to
the Legislature, as specified, regarding
the impact of the grant program. The
bill’s provisions would be operative only
to the extent that funding is provided, by
express reference, in the annual Budget
Act or another statute. This bill contains
other existing laws.
4/24/24 In
Committee: Set,
first hearing.
Referred to
suspense file.
Public Safety Support Watch
ATTACHMENT B
4
Attachment B - Step 2: Staff Report and Meeting Materials from May 7, 2024, City Council Meeting
#Bill/
Author Title Summary Status Category Cal Cities
Position
City
Position
2024 State Legislative Bills of Interest
16 AB 1886 /
Alvarez
Housing
Element Law:
Substantial
Compliance:
Housing
Accountability
Act.
Clarifies that a housing element is
substantially compliant with Housing
Element Law, when both a local agency
adopts the housing element and
Department of Housing and Community
Development (HCD) or a court finds it in
compliance, for purposes of specified
provisions of the Housing Accountability
Act (HAA).
4/25/24 From
committee: Do
pass and re-refer
to Com. on APPR.
(Ayes 7. Noes 0.)
(April 24). Re-
referred to Com.
on APPR.
Housing/
Zoning
Oppose Watch
17 AB 1889 /
Friedman
Conservation
Element:
Wildlife and
Habitat
Connectivity.
Would require a city, county, or city and
county to consider the impact of
development on the movement of
wildlife and habitat connectivity as part
of the conservation element of its general
plan.
4/23/24 From
committee: Do
pass and re-refer
to Com. on APPR.
(Ayes 10. Noes 3.)
(April 23). Re-
referred to Com.
on APPR.
Wildlife/
Conservation
Element
Oppose
unless
amended
Watch
18 AB 1893 /
Wicks
Housing
Accountability
Act: Housing
Disapprovals:
Required Local
Findings.
Would place guardrails on “builder’s
remedy” projects; reduce affordable
housing minimums; and prohibit local
jurisdictions from denying certain
housing developments even if they are
meeting or exceeding state allocated
housing goals.
4/29/24 From
committee:
Amend, and do
pass as amended
and re-refer to
Com. on APPR.
(Ayes 7. Noes 0.)
(April 24).
Housing/
Zoning
Oppose
Unless
Amended
Watch
19 AB 1922 /
Davies
California
Conservation
Corps: Green
Collar
Certification
Program.
Current law establishes the California
Conservation Corps and requires young
adults participating in the corps program
to be generally engaged in projects that,
among other things, directly contribute
to the conservation of energy. This bill
would instead require young adults
participating in the corps program to be
generally engaged in projects that,
among other things, directly contribute
to and promote the conservation of clean
energy, enhance climate resilience, and
develop sustainable climate
infrastructure.
4/10/2024 - In
committee: Set,
first hearing.
Referred to
suspense file.
Emergency
Preparedness/
Environmental
Support Watch
20 AB 1957 /
Wilson
Public Contracts:
Best Value
Construction
Contracting for
Counties.
Expands a pilot program for specified
counties to use best value contracting to
include all counties, and extends the
sunset date on the authorization to
January 1, 2030.
4/18/24 Do pass
and re-refer to
Com. on APPR.
(Ayes 9. Noes 0.)
(April 17). Re-
referred to Com.
on APPR.
Legal/
Purchasing
Track Watch
ATTACHMENT B
5
Attachment B - Step 2: Staff Report and Meeting Materials from May 7, 2024, City Council Meeting
#Bill/
Author Title Summary Status Category Cal Cities
Position
City
Position
2024 State Legislative Bills of Interest
21 AB 1972/
Alanis
Regional
Property Crimes
Task Force
This bill expands the regional property
crimes task force convened by the
California Highway Patrol (CHP) to
provide assistance to railroad police and
operate in counties with elevated levels
of cargo theft.
4/25/24 Read
second time.
Ordered to
Consent Calendar
Public Safety Support Watch
22 AB 1990/
Carrillo
Criminal
Procedure:
Arrests:
Shoplifting
Would authorize a peace officer to make
a warrantless arrest for shoplifting not
committed in their presence if the officer
has reasonable cause to believe that
person has shoplifted. This bill provides
that, unlike for other misdemeanors, a
peace office does not have to release a
person for which there is probable cause
to believe that the person arrested is
guilty of shoplifting.
4/17/2024 Read
second time.
Ordered to third
reading.
Public Safety Support Watch
23 AB 1999 /
Irwin
Electricity: Fixed
Charges
Current law requires that fixed charges
be established on an income-graduated
basis, with no fewer than 3 income
thresholds, so that low-income
ratepayers in each baseline territory
would realize a lower average monthly
bill without making any changes in usage.
This bill would repeal the provisions
described in the preceding paragraph.
The bill would instead permit the
commission to authorize fixed charges
that, as of January 1, 2015, do not exceed
$5 per residential customer account per
month for low-income customers
enrolled in the California Alternate Rates
for Energy (CARE) program and that do
not exceed $10 per residential customer
account per month for customers not
enrolled in the CARE program. The bill
would authorize these maximum
allowable fixed charges to be adjusted by
no more than the annual percentage
increase in the Consumer Price Index for
the prior calendar year, beginning
January 1, 2016.
4/22/2024 - Re-
referred to Com.
on RLS. pursuant
to Assembly Rule
96.
Housing Watch Watch
ATTACHMENT B
6
Attachment B - Step 2: Staff Report and Meeting Materials from May 7, 2024, City Council Meeting
#Bill/
Author Title Summary Status Category Cal Cities
Position
City
Position
2024 State Legislative Bills of Interest
24 AB 2286 /
Aguiar-Curry
Vehicles:
Autonomous
Vehicles.
Restricts an autonomous vehicle (AV)
with a gross vehicle weight (GVW) of
10,001 pounds or more from operating
on public roads for testing purposes,
transporting goods, or transporting
passengers without a human safety
operator physically present in the AV at
the time of operation
4/25/2024 - From
committee: Do
pass and re-refer
to Com. on Appr.
(Ayes 10. Noes 1.)
(April 24). Re-
referred to Com.
on Appr.
Public Safety/
Autonomous
vehicles
Support Watch
25 AB 2330 /
Holden
Endangered
Species:
Incidental Take:
Wildfire
Preparedness
Activities.
Authorizes various local agencies to
submit to the Department of Fish and
Wildlife (DFW) for approval, a voluntary
program to conduct wildfire
preparedness activities in a fire hazard
severity zone (FHSZ) to minimize impacts
to wildlife.
4/25/2024 - Re-
referred to Com.
on Appr.
Emergency
Preparedness/
Wildfire
Support/
Sponsor
Watch
26 AB 2371 /
Carrillo, Juan
Electrified
Security Fences.
Current law authorizes an owner of real
property to install and operate on their
property an electrified security fence that
has specified technical characteristics and
is used to protect and secure commercial,
manufacturing, or industrial property, or
property zoned under another
designation, but legally authorized to be
used for a commercial, manufacturing, or
industrial purpose. This bill would instead
authorize an owner of real property to
install and operate on their property an
electrified security fence that is powered
by an electrical energizer, driven by solar-
charged batteries of no more than 12 volt
of direct current, and used to protect and
secure manufacturing or industrial
property, or property zoned under
another designation, but legally
authorized to be used for a commercial
purpose that stores, parks, services, sells,
or rents vehicles and other materials, as
specified.
4/25/2024 - In
Senate. Read first
time. To Com. On
RLS. For
assignment
Planning/ Legal Oppose
Unless
Amended
Watch
ATTACHMENT B
7
Attachment B - Step 2: Staff Report and Meeting Materials from May 7, 2024, City Council Meeting
#Bill/
Author Title Summary Status Category Cal Cities
Position
City
Position
2024 State Legislative Bills of Interest
27 AB 2409 /
Papan
Office of
Planning and
Research:
Permitting
Accountability
Transparency
Dashboard
Would require the Office of Planning and
Research, on or before January 1, 2026,
to create and maintain, as specified, a
permitting accountability transparency
internet website (dashboard). The bill
would require the dashboard to include a
display for each permit to be issued by
specified state agencies for all covered
projects, defined as s a publicly owned
project for the development of
infrastructure for water supply, flood risk
reduction, energy reliability, or
environmental protection or
enhancement with an estimated cost of
$100 million or more.
4/16/2024 - From
committee: Do
pass and re-refer
to Com. on APPR.
with
recommendation:
To Consent
Calendar. (Ayes
15.Noes 0.) (April
16). Re-referred
to Com. on APPR.
Transparency/
Permitting
Watch Watch
28 AB 2433 /
Quirk-Silva
California
Private
Permitting
Review and
Inspection Act:
Fees: Building
Permits.
Allows an applicant for a building permit
to employ a private professional provider
to perform plan-checking services, assess
plans and specifications, and complete
building inspections if the local agency
fails to perform these functions within
specified timeframes.
4/24/2024 - From
committee: Do
pass and re-refer
to Com. on APPR.
(Ayes 9. Noes 0.)
(April 24). Re-
referred to Com.
on APPR.
Planning/
Inspection
Oppose
unless
amended
Watch
29 AB 2665 / Lee Housing
Finance: Mixed
Income
Revolving Loan
Program.
Establishes the Mixed Income Revolving
Loan Program (the Program) at the
California Housing Finance Agency
(CalHFA) to provide zero-interest
construction loans to qualifying infill
housing developers for the purpose of
constructing deed-restricted affordable
housing.
4/16/2024 - Re-
referred to Com.
on APPR.
Housing/
Affordable Loan
Support Watch
30 AB 2790 /
Pacheco
Crimes:
Organized Retail
Theft.
Makes it a felony to steal any infant
formula or baby food as specified, over-
thecounter medication, vitamin,
supplement, as specified, or any medical
product intended for the diagnosis or
treatment of an illness, as specified, from
a merchant’s premises or online
marketplace pursuant to the organized
retail theft statute.
4/23/2024 - In
committee:
Hearing
postponed by
committee.
Public Safety/
Retail theft
Support Watch
31 AB 2814/ Low Crimes:
Unlawful Entry:
Intent to
Commit Package
Theft
This bill creates a new crime making it
unlawful to enter the curtilage of a
dwelling with the intent to steal a
package, punishable as an alternate
misdemeanor-felony (“wobbler”).
4/17/24 In
committee: Set,
first hearing.
Referred to
suspense file.
Public Safety Support Watch
ATTACHMENT B
8
Attachment B - Step 2: Staff Report and Meeting Materials from May 7, 2024, City Council Meeting
#Bill/
Author Title Summary Status Category Cal Cities
Position
City
Position
2024 State Legislative Bills of Interest
32 AB 2854/
Irwin
Bradley-Burns
Uniform Local
Sales and Use
Tax Law.
This bill requires a local agency to
annually provide specified information to
the California Department of Tax and Fee
Administration (CDTFA) regarding the
rebate of Bradley-Burns Uniform Local
Sales and Use Tax Law (BB SUT) revenues.
4/24/24 In
Committee: Set,
first hearing.
Referred to
suspense file.
Sales Tax/
Revenue
Watch Watch
33 AB 2922 /
Garcia
Economic
Development:
Capital
Investment
Incentive
Programs.
Prior law, until January 1, 2024,
authorized a county, city and county, or
city to establish a Capital Investment
Incentive Program (CIIP), pursuant to
which the county, city and county, or city
was authorized to pay, upon request, a
capital investment incentive amount that
does not exceed the amount of property
tax derived from that portion of the
assessed value of a qualified
manufacturing facility, as defined, that
exceeds $150,000,000 to a proponent of
a qualified manufacturing facility for up
to 15 years. This urgency measure
reestablishes, until January 1, 2035, the
authorization for the local agency CIIP.
4/16/2024 - Re-
referred to Com.
on APPR.
Economic
Development/
Retail
incentives
Support Watch
34 AB 2943/ Zbur Crimes:
Shoplifting
Would 1) create a new crime and penalty
for retail theft including shoplifting, theft
or burglary, for those that are repeat
offenders, 2) provide that charges may be
filed in multiple jurisdictions 3) allow for
the aggregation of certain offenses, 4)
increase the terms of probation from 1
year to 2 years, 5) clarify the ability for
police to arrest without witnessing the
crime, 6) extend the sunset date on the
organized retail theft statute until 2031.
4/24/24 In
Committee: Set,
first hearing.
Referred to
suspense file.
Public Safety/
Retail theft
Support if
Amend
Watch
35 AB 3035 /
Pellerin
Agricultural
Employee
Housing:
Streamlined,
Ministerial
Approval:
Counties of
Santa Clara and
Santa Cruz
Expands the existing streamlined,
ministerial approval process for
farmworker housing established by AB
1783 (R. Rivas), Chapter 866, Statutes of
2019.
4/26/2024
Coauthors revised
Housing/
Zoning
None Watch
ATTACHMENT B
9
Attachment B - Step 2: Staff Report and Meeting Materials from May 7, 2024, City Council Meeting
#Bill/
Author Title Summary Status Category Cal Cities
Position
City
Position
2024 State Legislative Bills of Interest
36 AB 3171 /
Soria
Controlled
Substances:
Fentanyl.
Increases the penalties for selling,
distributing, or transporting fentanyl, an
analog of fentanyl, or a substance
containing fentanyl or an analog of
fentanyl, if the amount of fentanyl
weighs more than 28.35 grams.
4/24/24 Re-
referered to Com.
on Appr.
Public Safety/
Fentanyl
Support Watch
37 SB 333 /
Cortese
Homeless Pupils:
California
Success,
Opportunity,
and Academic
Resilience
(SOAR)
Guaranteed
Income
Program.
Establishes, subject to appropriation, the
“California Success, Opportunity, and
Academic Resilience (SOAR) Guaranteed
Income Pilot Program” (Program) and the
“California SOAR Guaranteed Income
Fund” (Fund) for purposes of awarding
monthly payments to twelfth grade
students who are homeless from April 1,
2025, to August 1, 2025.
4/1/2024 - From
committee with
author's
amendments.
Read second time
and amended. Re-
referred to Com.
on ED.
Homeless
youth/
guaranteed
income
Watch Watch
38 SB 615/ Allen Vehicle Traction
Batteries
Would require vehicle traction batteries
to be recovered and reused, repurposed,
or remanufactured and recycled at the
end of their useful life. This bill also
requires vehicle manufacturers, dealers,
dismantlers, repair dealers, or other
secondary users to be responsible for
ensuring responsible end-of-life
management of vehicle traction
batteries.
6/15/2023 June
20 set for first
hearing canceled
at the request of
author.
Environmental
Quality
Support in
Concept
Watch
39 SB 707/
Newman
Responsible
Textile Recovery
Act of 2024
Would enact a stewardship program
known as the Responsible Textile
Recovery Act of 2024, which would
require a producer of apparel, as defined,
or textile articles, as defined, to form and
join a producer responsibility
organization or PRO. The bill would
require the department to adopt
regulations to implement the program no
earlier than January 1, 2028. Upon
approval of a plan, or commencing
January 1, 2030, whichever is earlier, the
bill would prohibit a producer from
selling, offering for sale, importing, or
distributing apparel or textiles in or into
the state, unless the producer is a
participant of a PRO, the department has
approved the plan, and other criteria are
met.
4/3/2024 From
committee with
author's
amendments.
Read second time
and amended. Re-
referred to Com.
on NAT. RES.
Environmental
Quality
Support Watch
ATTACHMENT B
10
Attachment B - Step 2: Staff Report and Meeting Materials from May 7, 2024, City Council Meeting
#Bill/
Author Title Summary Status Category Cal Cities
Position
City
Position
2024 State Legislative Bills of Interest
40 SB 915 /
Cortese
Local
Government:
Autonomous
Vehicles.
This bill authorizes local governments to
regulate autonomous vehicles.
4/26/24 Set for
hearing May 6
Legal/ Public
Safety/
Autonomous
vehicles
Support/
Sponsor
Watch
41 SB 937 /
Wiener
Development
Projects:
Permits and
Other
Entitlements:
Fees and
Charges.
Would extend development entitlements
for certain housing development projects
by two years and places certain
restrictions on the fees and charges a
local agency may impose on these
projects.
4/30/24 Read
second time.
Ordered to third
reading.
Development
fees/ revenue
Oppose
unless
amended
Watch
42 SB 972 / Min Methane
Emissions:
Organic Waste:
Landfills.
Would direct the California Department
of Resources Recycling and Recovery
(CalRecycle) to develop procedures for
local jurisdictions to request technical
assistance from the department on SB
1383 implementation. Requires the
department to submit two reports to the
Legislature on SB 1383 implementation.
4/25/2024 - Do
pass and re-refer
to Com. on APPR
with
recommendation:
To consent
calendar. (Ayes 7.
Noes 0.) (April
24). Re-referred
to Com. on APPR.
Environmental/
Waste
management
Support/
Sponsor
Watch
43 SB 1011 /
Jones
Encampments:
Penalties
This bill would prohibit a person from
sitting, lying, sleeping, or storing, using,
maintaining, or placing personal property
upon a street or sidewalk if a homeless
shelter, as defined, is available to the
person. The bill would also prohibit
sitting, lying, sleeping, or storing, using,
maintaining, or placing personal property
within 500 feet of a public or private
school, open space, or major transit stop,
as specified. The bill would specify that a
violation of this prohibition is a public
nuisance that can be abated and
prevented, as specified.
4/16/2024 - April
16 set for first
hearing. Failed
passage in
committee. (Ayes
1.Noes 3.)
Reconsideration
granted.
Public Safety Watch Watch
ATTACHMENT B
11
Attachment B - Step 2: Staff Report and Meeting Materials from May 7, 2024, City Council Meeting
#Bill/
Author Title Summary Status Category Cal Cities
Position
City
Position
2024 State Legislative Bills of Interest
44 SB 1037 /
Wiener
Planning and
Zoning: Housing
Element:
Enforcement.
This bill requires specific penalties to be
imposed in any action brought by the
Attorney General (AG) to enforce the
adoption of housing element revisions, as
specified, or to enforce any state law that
requires a local government to
ministerially approve, without
discretionary review, any land use
decision or permitting application for a
housing development project. The bill
also specifies that any injunction,
provisional or otherwise, ordered by the
court under the bill’s provisions is
deemed to be prohibitory, and not
affirmative.
4/25/24 - Read
second time and
amended. Re-
referred to Com.
on APPR.
Housing/
Zoning/ Legal
Fines
Oppose Watch
45 SB 1046 /
Laird
Organic Waste
Reduction:
Program
Environmental
Impact Report
This bill requires the California
Department of Resources Recycling and
Recovery (CalRecycle) to develop a
Program Environmental Impact Report
(PEIR) for small and medium compost
facilities by January 1, 2027.
4/25/24 In
Assembly. Read
first time. Held at
Desk.
Environmental/
Waste Recycling
Support Watch
46 SB 1066 /
Blakespear
Hazardous
Waste: Marine
Flares: Producer
Responsibility.
Under existing law, as part of the
hazardous waste control laws, the
Department of Toxic Substances Control
(DTSC) generally regulates the
management and handling of hazardous
waste and hazardous materials. This bill
would create a producer responsibility
program for marine flares with oversight
from DTSC.
4/29/24 April 29
hearing: Placed
on APPR suspense
file.
Environmental/
Waste
Management
Support Watch
47 SB 1143 /
Allen
Household
Hazardous
Waste: Producer
Responsibility.
This bill would create a producer
responsibility program for products
containing household hazardous waste
with oversight from the Department of
Toxic Substances Control (DTSC).
4/29/24 April 29
hearing: Placed
on APPR suspense
file.
Environmental/
Waste
Management
Support City Will
Consider
on 5/7/24
48 SB 1164 /
Newman
Property
Taxation: New
Construction
Exclusion:
Accessory
Dwelling Units.
SB 1164 would enact a property tax new
construction exclusion for the addition or
construction of an accessory dwelling
unit, as specified.
4/22/24 April 22
hearing: Placed
on APPR suspense
file.
Housing/
Revenue/
Property Tax
Oppose Watch
ATTACHMENT B
12
Attachment B - Step 2: Staff Report and Meeting Materials from May 7, 2024, City Council Meeting
#Bill/
Author Title Summary Status Category Cal Cities
Position
City
Position
2024 State Legislative Bills of Interest
49 SB 1280 /
Laird
Waste
Management:
Propane
Cylinders:
Reusable or
Refillable.
Existing law, the California Integrated
Waste Management Act of 1989,
establishes the Department of Resources
Recycling and Recovery and requires the
department to adopt rules and
regulations, as necessary, to carry out the
act. This bill would, on and after January
1, 2028, prohibit the sale or offer for sale
of propane cylinders other than those
propane cylinders that are reusable or
refillable, as defined.
4/23/24 Read
second time.
Ordered to third
reading.
Environmental/
Waste
Management
Support Watch
50 SB 1330 /
Archuleta
Urban Retail
Water Supplier:
Water Use.
Would make substantial changes to the
urban water use efficiency framework
including moving several dates to reflect
implementation delays, among other
provisions.
4/24/24 Read
second time and
amended. Re-
referred to Com.
on APPR.
Environmental/
Water
Conservation
Support Watch
51 SB 1361 /
Blakespear
CEQA
Exemption:
Local Agencies:
Contract for
Providing
Services for
People
Experiencing
Homelessness
This bill creates a California
Environmental Quality Act (CEQA)
exemption for actions taken by a local
agency to approve a contract for
providing services for people
experiencing homelessness.
4/25/24 In
Assembly. Read
first time. Held at
Desk.
Homelessness/
CEQA
Support Watch
52 SB 1461 /
Allen
State of
Emergency and
Local
Emergency:
Landslide.
This bill: 1) Adds “landslide” to the list of
conditions that constitute a state of
emergency or a local emergency. 2)
Defines “landslide” to mean the
movement of a mass of rock, debris, or
earth down a slope under the direct
influence of gravity that travels at a
speed of at least one inch per year.
4/26/2024 - Set
for hearing May
6.
Emergency
Preparedness/
Landslide
Support Watch
53 SB 1494 /
Glazer
Local Agencies:
Sales and Use
Tax: Retailers.
This bill prohibits a local agency, on or
after January 1, 2024, from entering into,
renewing, or extending sales and use tax
rebate agreements with retailers in
exchange for locating in their jurisdiction,
and voids agreements entered into
before that date on January 1, 2030.
4/25/24 Read
second time.
Ordered to third
reading.
Sales Tax/
Revenue
Oppose Watch
ATTACHMENT B
13
Attachment B - Step 2: Staff Report and Meeting Materials from May 7, 2024, City Council Meeting
CITY COUNCIL INFORMATIONAL MEMORANDUM
Date: August 30, 2024
To: Cupertino City Council
From: Pamela Wu, City Manager
Re: 2024 Legislative Status Update
This memo focuses on the recent updates to the bills that the Council supported in May:
the BAHFA Regional Housing Bond, Assembly Bill 1779, and Senate Bill 1143. The bills
can be amended during the legislative session before being sent to the Governor. The
Governor has until September 30 to make his final decision on all pending legislation.
Below are updates to the three bills mentioned above:
BAHFA Regional Housing Bond
Council position: Support in Concept with concerns relating to return to source funding
and public oversight.
Update: On Wednesday, August 14, the Bay Area Housing Finance Authority (BAHFA)
voted to remove the $20 billion general obligation bond measure for the production and
preservation of affordable housing from the November 5 general election in all nine Bay
Area counties. The BAHFA Chair and Association of Bay Area Governments (ABAG)
President issued a joint statement1, which states that BAHFA will look ahead to a future
election.
Assembly Bill (AB) 1779
Council position: Support
Update: On Friday, August 16, Governor Newsom signed a package of 10 bills aiming to
prevent retail crime and other types of property theft. One of those bills was AB 1779,
which permits the consolidation of specified theft charges. This bill will officially
become part of state law that will go into effect on January 1, 2025. An article detailing
all 10 bills can be viewed here2.
1 https://mtc.ca.gov/news/bahfa-abag-leaders-issue-statement-withdrawal-housing-bond-measure-
november-ballot
2 https://www.mercurynews.com/2024/08/19/10-bills-newsom-crackdown-retail-theft/
Attachment C - Follow-up Informational Memorandum from August 30, 2024
Senate Bill (SB) 1143
Council position: Support
Update: On Monday, August 19, SB 1143 was amended to narrowly focus on waste
management for paint products. The amendment also removes provisions that would
have supported waste management systems for Household Hazardous Waste (HHW) at
no cost to residents or local governments. As amended, this bill expands the existing
PaintCare program to allow for more products to be recovered. Current bill text and
prior versions can be viewed here3. The most recent Assembly Floor Analysis is included
as Attachment A. Currently, this bill is still being considered and future amendments
may still occur until August 31.
In October, the City’s lobbyist, City Attorney’s office and staff will prepare a
comprehensive legislative wrap-up memorandum to Council recapping the 2024
Legislative Session. This will also include information regarding Ballot Measures that
will be part of the November 5 general election.
Sustainability Impact
Though the scope of SB 1143 was narrowed, the amendments to SB 1143 would allow for
more paint products to be recovered through the PaintCare program.
Fiscal Impact
Changes to SB 1143 will no longer result in reimbursement that could be applied to the
City’s participation in the County’s HHW program. Diverting more paint products to
PaintCare will save the County HHW program the expense of handling those materials,
which may result in savings to the City. The City currently has funding to participate in
the County’s HHW program for the next 3-4 years.
_____________________________________
Prepared by: Astrid Robles, Senior Management Analyst
Reviewed by: Tina Kapoor, Deputy City Manager
Michael Woo, Senior Assistant City Attorney
Approved for Submission by: Pamela Wu, City Manager
Attachments:
A – SB 1143 Assembly Floor Analysis
3 https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202320240SB1143
Attachment C - Follow-up Informational Memorandum from August 30, 2024
SB 1143
Page 1
SENATE THIRD READING
SB 1143 (Allen)
As Amended August 19, 2024
Majority vote
SUMMARY
Expands and renames the Architectural Paint Recovery Program, the state's paint recovery and
recycling program.
Major Provisions
1)Renames the Architectural Paint Recovery Program the Paint Product Recovery Program
(Program).
2)Replaces the definition of "architectural paint" with a new definition of "paint product" that
includes nonindustrial coatings and coating-related products sold in containers of five gallons
or less for commercial or homeowner use, but does not include products purchased for
industrial or original equipment manufacturer use.
3)Clarifies that "paint products" do not include health and beauty products.
4)Defines "permanent collection sites" and "temporary collection sites" as permanent and
temporary locations where discarded paint products may be returned at no cost to be reused
or otherwise managed, respectively.
5)Requires CalRecycle to adopt regulations to implement the bill's requirements and specifies
that aerosol coating products, coating-related products, and industrial coatings are not subject
to the Program until the implementation date of the relevant stewardship plan or January 1,
2028, whichever is sooner.
6)Recasts and reorganizes provisions of the Program.
COMMENTS
According to CalRecycle, EPR is a strategy that places shared responsibility for end-of-life
management of products on the producers and all entities involved in the product chain, instead
of entirely on local governments and consumers. EPR programs rely on industry, formalized in a
product stewardship organization, to develop and implement approaches to create a circular
economy that makes business sense, with oversight and enforcement provided by a government
entity. This approach provides flexibility for manufacturers to design products in a way that
facilitates recycling and to develop systems to capture those products at the end-of-life to meet
statutory goals. California has established EPR programs for carpet, paint, pharmaceuticals,
household batteries, and mattresses. Additionally, SB 54 (Allen Chapter 75, Statutes of 2022)
established the Plastic Pollution Prevention and Packaging Producer Responsibility Act, which
imposes minimum content and source reduction requirements for plastic single-use packaging
and food service ware through an EPR program.
The Program requires manufacturers of architectural paint to, individually or through a
stewardship organization, submit an architectural paint stewardship plan to the CalRecycle. This
stewardship plan develops and sets implementation steps to reduce reuse, and manage the end of
Attachment C - Follow-up Informational Memorandum from August 30, 2024
SB 1143
Page 2
life of postconsumer architectural paint. Existing law requires a manufacturer of architectural
paint or a stewardship organization to submit a yearly report describing its architectural paint
recovery efforts to CalRecycle.
This bill adds nonindustrial coating-related products sold in containers of less than five gallons to
the state's paint EPR program and revises and recasts the requirements of the Program.
Including these products in the Program puts nearly all paint-related producers in the state under
one program and exempts them from the requirements of SB 54.
According to the Author
California's PaintCare Program has proven to be a successful recycling and end-of-life
management system for various kinds of paint products. Without these programs and
requirements for producer responsibility, paint waste can otherwise be problematic in the
waste stream and pose toxicity concerns. However, PaintCare's limited scope has meant local
governments continue to bear the financial burdens of managing other paint related products
in the waste stream and communities are confused how to properly dispose of different paint
products. Expanding PaintCare's covered products will streamline California's operations in
order to more successfully recycle and manage excess paint, protect the environment, and
reduce burdens on our local governments. Expanding this program now will also take
advantage of current planned workloads at CalRecycle by aligning implementation with
existing regulatory processes
Arguments in Support
According to the American Coatings Association (ACA):
The changes to PaintCare's Program under SB 1143 are the result of collaboration with
stakeholders and legislative staff interested in ensuring all coatings and related products can
be properly managed through PaintCare's existing network, helping to protect the
environment and provide convenient end-of-life management access for consumers. Further,
including these remaining non-industrial coatings and coatings related products under
California's existing PaintCare program will substantially reduce the financial and logistical
burden to local governments by managing paint and allied products in a single program.
ACA believe these technical changes will help build upon the success of California's
PaintCare Program and is timely as the Legislature recently passed other important measures
focused on reducing waste. Finally, SB 1143 will make California's PaintCare Program the
first in the nation to provide management of these remaining products, which will likely be a
model for other states.
Arguments in Opposition
None on file
FISCAL COMMENTS
According to the Assembly Appropriations Committee, costs (special funds) of an unknown
amount to CalRecycle to develop and adopt regulations and to incorporate additional paint
products into its existing paint EPR program. Costs may be offset by additional deposits from
newly covered manufacturers.
Attachment C - Follow-up Informational Memorandum from August 30, 2024
SB 1143
Page 3
VOTES
SENATE FLOOR: 30-7-3
YES: Archuleta, Ashby, Atkins, Becker, Blakespear, Bradford, Caballero, Cortese, Dodd,
Durazo, Eggman, Glazer, Gonzalez, Hurtado, Laird, Limón, McGuire, Menjivar, Min, Newman,
Padilla, Portantino, Roth, Rubio, Skinner, Smallwood-Cuevas, Stern, Umberg, Wahab, Wiener
NO: Dahle, Grove, Jones, Nguyen, Niello, Ochoa Bogh, Seyarto
ABS, ABST OR NV: Allen, Alvarado-Gil, Wilk
ASM ENVIRONMENTAL SAFETY AND TOXIC MATERIALS: 5-2-0
YES: Garcia, Connolly, McKinnor, Papan, Reyes
NO: Hoover, Ta
ASM NATURAL RESOURCES: 9-2-1
YES: Bryan, Bauer-Kahan, Connolly, Friedman, Kalra, Muratsuchi, Pellerin, Wicks, Wood
NO: Flora, Hoover
ABS, ABST OR NV: Lackey
ASM APPROPRIATIONS: 11-3-1
YES: Wicks, Arambula, Bryan, Calderon, Wendy Carrillo, Mike Fong, Grayson, Haney, Hart,
Pellerin, Villapudua
NO: Sanchez, Dixon, Ta
ABS, ABST OR NV: Jim Patterson
UPDATED
VERSION: August 19, 2024
CONSULTANT: Elizabeth MacMillan / NAT. RES. / (916) 319-2092 FN: 0004111
Attachment C - Follow-up Informational Memorandum from August 30, 2024
Attachment D – 2024 Statewide Ballot Initiatives
2024 California Election Preview Statewide Ballot Measures
Overview
California is one of 26 states that gives voters the direct opportunity to make public policy and
spending decisions on behalf of its citizens. In fact, for state borrowing through bonds and
amendments to the State Constitution, voter approval is required. The November 2024 ballot
will have a total of 10 statewide measures to be decided by voters comprising two General
Obligation Bonds placed on the ballot by the Legislature; three Constitutional Amendments
passed by the Legislature; and five initiatives placed directly on the ballot by special interest
groups who collected enough signatures to do so.
Measures for the Ballot
Proposition 2: Authorizes Bonds for Public School and Community College Facilities
This General Obligation Bond was placed on the ballot by AB 247 (Muratsuchi) which passed
the Legislature and was signed by Senator Mike McGuire who was acting Governor at the time.
Prop 2 proposes to provide $8.5 billion for K-12 schools and $1.5 billion for community colleges
for construction and modernization.
Proposition 3: Constitutional Right to Marriage
This Constitutional Amendment was put on the ballot by the Legislature through ACA 5 (Low).
The language from Proposition 8 which banned same-sex marriage, was passed by voters in
2008 and is still technically on the books, even though the U.S. Supreme court has ruled it
unconstitutional and federal law now protects the right to same-sex marriage. If passed,
Proposition 3 would remove this language and instead recognize marriage as a “fundamental
right” for everyone in the California Constitution.
Proposition 4: Authorizes Bonds for Safe Drinking Water, Wildfire Prevention, and Protecting
Communities and Natural Lands from Climate Risks
Prop 4 commonly referred to as the climate resilience bond, was placed on the ballot by SB 867
(Allen) which passed the Legislature and was signed by acting Governor, Senator Mike
McGuire. It would provide funding for climate resilience projects including $3.8 billion to
provide funding for safe drinking water, recycled wastewater, stored groundwater and flood
control. An additional $1.5 billion would be spent on wildfire protection, while $1.2 billion
would go toward protecting the coast from sea level rise. The rest of the funds would go
towards building parks, protecting wildlife and their habitats, combating air pollution, dealing
with extreme heat events, and supporting sustainable farming practices.
Attachment D – 2024 Statewide Ballot Initiatives
Proposition 5: Allows Local Bonds for Affordable Housing and Public Infrastructure with 55%
Voter Approval
This Constitutional Amendment was placed on the ballot by the Legislature through ACA 1
(Aguiar-Curry) and ACA 10 ( Aguiar-Curry). It would make it easier for local governments to
borrow money for affordable housing and other infrastructure projects by lowering the vote
threshold to pass local bond measures from 66.67% to 55%.
Proposition 6: Eliminates Constitutional Provision Allowing Involuntary Servitude for
Incarcerated Persons
This Constitutional Amendment was placed on the ballot by the Legislature through ACA 8
(Wilson). It seeks to end indentured servitude in state prisons, which is considered one of the
last remnants of slavery.
Proposition 32: Raises Minimum Wage
Proposition 32 would increase minimum wage to $18 an hour by 2026. However, this initiative
may not be significant to many people because it was first proposed in 2021 when the minimum
wage was $14 an hour. Since then, unions have secured $25 an hour for healthcare workers and
$20 an hour for fast-food workers, and many major cities already have local wage ordinances
with $18 an hour minimum wage. Given these developments, it is unclear how the campaigns
for and against this measure will play out.
Proposition 33: Expands Local Governments’ Authority to Enact Rent Control on Residential
Property
Proposition 33 would give local governments in California much more power to control rents,
by allowing for rent price caps on single-family homes. Right now, state law limits rent
increases for tenants in apartments and corporate-owned single-family homes older than 15
years. State law bans rent control on single-family homes and apartments built after February 1,
1995. The AIDS Healthcare Foundation is the sponsor for this measure. This group also backed
two similar statewide rent control initiatives that failed in 2020 and 2018.
Proposition 34: Restricts Spending of Prescription Drug Revenues by Certain Health Care
Providers
Backed by the California Apartment Association and Real Estate industry, Proposition 34 would
limit how certain healthcare providers spend money from a federal prescription drug program.
It targets the AIDS Healthcare Foundation, which, as noted above, has attempted several rent
control initiatives over the years, including Proposition 33. This measure is designed to restrict
the AIDS Healthcare Foundation’s ability to continue to push rent control laws. The AIDS
Healthcare Foundation has been criticized for focusing on housing instead of its main mission
of helping people with HIV or AIDS.
Attachment D – 2024 Statewide Ballot Initiatives
Proposition 35: Provides Permanent Funding for Medi-Cal Health Care Services
This initiative would enshrine an existing tax on Managed Care Organizations (MCOs) and
restrict California lawmakers from redirecting these funds to other purposes. Prop 35 will
provide new resources to essential health care providers, including community health clinics,
hospitals, emergency rooms, primary care, family planning, mental health services, and
specialty care like cancer treatment, cardiology, and OBGYN. It will also invest in paramedics,
first responders, and community health workers. Additionally, Prop 35 will create ongoing
funding for the General Fund to address further health care priorities.
Proposition 36: Allows Felony Charges and Increases Sentences for Certain Drug and Theft
Crimes
This measure seeks to amend Proposition 47, the 2014 initiative that reduced certain nonviolent
felonies to misdemeanors. Proposition 36 would increase penalties for drug dealers whose sales
of fentanyl and increase penalties for retail theft. The push for these changes comes in response
to heightened public awareness of retail theft and fentanyl abuse over the past years. Supporters
include District Attorneys, major retailers, and law enforcement groups. Governor Newsom and
legislative democrats opposed changing Proposition 47 and instead attempted to propose an
alternative ballot measure known as the Safer California Plan. However, they withdrew that
plan in mid-June before the deadline to remove measures from the ballot.
Attachment E - 2024 Local County Initiative
Attachment E - 2024 Local County Initiative