By: @Ophelia Szigeti
SLA, ZEV, and public works legislation move forward, while contracting restriction and gate regulation bills among those held under submission and dead for the session.
On August 15, the Assembly and Senate Committees on Appropriations held their respective Suspense File hearings. The purpose of the Suspense File is for legislators to decide which bills with a fiscal impact will move forward to the Senate and Assembly Floors and which bills will be held in committee on the Suspense File, effectively killing those bills for the year.
The Suspense File enables legislators to review the fiscal impacts of a bill as it relates to the entire status of legislation for the fiscal year. Due to this fiscal year’s budget deficit, legislators have been closely scrutinizing bills they have voted to advance in their respective chambers.
CSDA monitored both hearings closely. The Appropriations Committees of the Assembly and Senate reviewed 830 bills total. Bills approved by the Appropriations Committees were designated as either “do pass” or “do pass as amended.” In the Assembly, 315 bills were on the Suspense File, with 220 of those bills advancing out of the committee. In the Senate, 515 bills were on the Suspense File, with 341 bills advancing.
Assembly Suspense File
Below is a selection of CSDA priority bills on the Assembly Committee on Appropriations Suspense File. Summaries and bill positions are prior to amendments taken in the Appropriations Committee:
SB 1134 (Caballero) Surplus land - In response to HCD’s Draft Updated Guidelines, this measure was amended to remove HCD's exemption from the Administrative Procedures Act related to SLA rulemaking. Instead, the measure would require that any rule, policy, or standard of general application issued by the Department of Housing and Community Development in implementing this article shall be subject to the rulemaking provisions of the Administrative Procedure Act, among other provisions. CSDA and partner associations have a support if amended position on the bill, to address an error.
Suspense Result: Do pass with clarifying amendments.
SB 399 (Wahab) Employer communications: intimidation - This two-year bill will prohibit employers from taking action against employees who decline to participate in employer-sponsored meetings or receive communications, the purpose of which is to share the employer’s opinion about political or religious matters. CSDA is leading a local government coalition with an oppose position on the bill because of its unique impacts on local government workplaces where routine activities may be regarded as political matters.
Suspense Result: Do pass with clarifying amendments.
SB 1101 (Limón) Fire prevention: prescribed fire: state contracts: map - This bill would streamline contracting requirements for the provision of logistical support for large-scale prescribed fire operations by the Department of Forestry and Fire Prevention (CalFire). Further, the bill would require CalFire to map a comprehensive network of potential operational delineations for strategic wildfire response or the proactive use of prescribed fire and map the severity of wildfire impacts. CSDA holds a support position on the bill.
Suspense Result: Do pass.
SB 1432 (Caballero) Health facilities: seismic standards - The Alfred E. Alquist Hospital Facilities Seismic Safety Act of 1983, establishes, under the jurisdiction of the Office of Health Care Access and Information, a program of seismic safety building standards for certain hospitals constructed on and after March 7, 1973. Current law requires that, by January 1, 2030, owners of these hospitals must either demolish, replace, or change to nonacute care use all hospital buildings that are not in compliance with these standards or seismically retrofit all acute care inpatient hospital buildings, so they are in substantial compliance with these standards, unless subject to an abeyance. This bill would authorize additional extensions to the compliance deadline if specified requirements are met. The bill would authorize the department to grant an extension of the deadline for substantial compliance with seismic safety regulations or standards to January 1, 2033, for any hospital building for which the hospital owner submits specified items to the department by specified dates. The bill would authorize a hospital to propose a final compliance date that extends up to 5 years beyond January 1, 2033, but no later than January 1, 2038. CSDA holds a support position on the bill.
Suspense Result: Do pass as amended to include author’s amendments related to timely compliance and milestones, and to add co-authors.
Senate Suspense File
Below is a selection of CSDA priority bills on the Senate Committee on Appropriations Suspense File. Summaries and bill positions are prior to amendments taken in the Appropriations Committee:
AB 637 (Jackson) Zero-emission vehicles: fleet owners: rental vehicles - CSDA is supporting this bill which would allow a fleet owner that rents a ZEV or ZEVs for a cumulative total of 260 days in a calendar year to be deemed as having ownership of one ZEV for purposes of meeting the ACF mandate. CSDA holds a support position on the bill.
Suspense Result: Do pass as amended per the author to strike the APA exception.
AB 869 (Wood) Hospitals: seismic safety requirements - This bill grants a three-year extension of seismic safety requirements for single- and two-story hospitals located in rural areas with less than 80 beds and revenue of $75 million or less, where an assessment of the cost of retrofitting to comply with seismic safety requirements has shown it will result in a financial hardship. The bill expands the Small and Rural Hospital Relief Program to provide grants to hospitals that meet this definition. AB 869 grants a five-year extension of seismic safety requirements for health care district hospitals who meet certain financial hardship criteria. CSDA holds a support position on this bill.
Suspense Result: Do pass as amended per author to add distressed hospitals.
AB 2149 (Connolly) Gates: standards: inspection - CSDA has joined with other local government advocates to oppose this measure that creates a framework for the inspection and repair of "regulated gates," imposes administrative fines for violations, and declares unrepaired and dangerous gates to be a public nuisance. A regulated gate is defined as any gate that weighs more than 50 pounds and is more than 48 inches wide or more than 84 inches high that is located in an area that is intended to be used by the public, an entire community or neighborhood, or any considerable number of persons. The gate must meet several requirements and standards including a positive stop. The bill would require the owner of a regulated gate to have it inspected on or before July 1, 2026, and have it reinspected at least once every 10 years by a professional or qualified employee to ensure that the regulated gate complies with the requirements. Gate-owner includes all state and local agencies. It was recently updated to make it prospective for all agencies except for parks and schools, which it applies to retroactively
Suspense Result: Held under submission. Bill Dead.
AB 2182 (Haney) Public works - CSDA is opposing this measure that makes numerous changes to state public works law including authorizing the Director of Industrial Relations (Director) to dismiss the request of a contractor or subcontractor for a review of a civil wage and penalty assessment due to the contractor’s or subcontractor’s failure to appear for a prehearing conference or hearing and granting joint labor-management committees (JLMCs) reasonable access to public works job sites. The bill requires, among other things, that if during any semiannual period the Director determines there has been a change in any prevailing wage rate in any locality, the Director will make such change available to the awarding body and the Director’s determination will be final. Such determination shall apply on its effective date to any contract awarded, or for which notice to bidders is published after July 1, 2025.
Suspense Result: Do pass as amended per author to make clarifying changes.
AB 2421 (Low) Employer-employee relations: confidential communications - With limited exceptions, this bill would prohibit a public employer from questioning any employee or employee representative regarding communications made in confidence between an employee and an employee representative in connection with representation relating to any matter within the scope of the recognized employee organization’s representation. CSDA is leading a local government coalition with an oppose position on the bill.
Suspense Result: Held under submission. Bill Dead
AB 2557 (Ortega) Local agencies: contracts for special services and temporary help: performance reports - This bill burdens the process for local governments and schools to contract out for statutorily authorized special services by requiring onerous website reporting obligations, contract requirements, and notifications. The bill is expected to disincentivize contractors from doing business with local agencies and increase costs and delays. CSDA is a leader of the local government coalition opposed to the bill.
Suspense Result: Held under submission. Bill Dead
AB 2561 (McKinnor) Local public employees: vacant positions - This bill would require a local agency with high vacancy rates to, upon request by the recognized employee organization, meet and confer and hold a public hearing, regarding the high vacancy rates and strategies to reduce them.
Suspense Result: Do pass as amended per author.
Additional Noteworthy Legislation
Other bills of note, which were recently voted out of the Senate and Assembly Appropriations Committees to the floors of the respective houses, are:
AB 2729 (Joe Patterson) Development projects: permits and other entitlements: fees and charges - CSDA formed a coalition of local government partners to oppose this measure that, among other things, would require certain development impact fees be the same amount as would have been paid had the fees and charges been paid prior to the issuance of building permits and the local agency shall not charge interest or other fees on any amount deferred. The measure has a provision to collect the fees earlier in the process but would require that the local agency begin the improvements within 24 months.
Location: Assembly Third Reading.
SB 937 (Wiener) Development projects: permits and other entitlements: fees and charges - CSDA led a coalition of local government partners in opposing unless amended this measure that, among other things, for certain project types of residential developments, would generally prohibit the collection of interest on impact fees that are deferred until the completion of a development at final inspection or certificate of occupancy. It would also lock those fees in when the development is approved and is eligible to pull a building permit. Amendments were recently added that included a 5-year cap on deferral of fees if a permitted project has not broken ground.
Location: Senate Third Reading.
To view CSDA’s complete priority bill list, please visit here.
The legislature has until August 31 to pass bills, after which the Governor has until September 30 to sign or veto them, marking the end of the 2024 legislative year and the end of the 2023-24 legislative session.
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