Alameda County Bills. October 1, Air discharges. 09/28/2010 Chaptered by the Secretary of State, Chapter Number 411, Statutes of 2010

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1 Suter Wallauch & Associates Government Relations Corbett Alameda County Bills October 1, 2010 Bill Topic Status Position Air Quality SB 1224 (Wright) C-09/28/2010 Air discharges. 09/28/2010 Chaptered 411, Statutes of 2010 Authorizes an air district to adopt a rule or regulation that ensures district staff and resources are not used to investigate complaints alleging a nuisance odor violation that are determined to be repeated and unsubstantiated. SBX8 37 (Cedillo) I-02/05/2010 AB 1409 (John A. Perez) A-06/02/2009 SB 879 (Cox) C-09/30/2010 AB 394 (Torrico) A-09/08/2009 Carl Moyer Memorial Air Quality Standards Attainment Program: Air Quality Improvement Fund. 03/15/2010 Senate Transportation & Housing Dead This bill would require the State Air Resources Board to make grants available to covered vehicles and engines without regard to cost-effectiveness criteria from January 1, 2010, to January 1, Public contracts: county highways: work authorizations. Contracting 07/02/2010 Senate Transportation & Housing Dead Oppose This bill removes the ability of counties to use either county road commissioner contracting authority or the authority granted under the Uniform Public Construction Cost Accounting Act when determining whether to contract out construction or to perform it with county staff. Counties: cities: construction projects: alternative bidding procedures: designbuild. 09/30/2010 Chaptered 629, Statutes of 2010 This bill extends the sunset for the use of design-build by counties from January 1, 2011, to July 1, 2014, and aligns the design-build statutes for cities and counties. Sales and use taxes: exemption: automobile manufacturing. Economic Development 07/02/2010 Senate Revenue & Taxation Dead

2 Enacts a Sales and Use Tax Exemption for Tangible Personal Property Used in the Process of Manufacturing an Automobile in Fremont. SB 483 (Corbett) A-09/10/2009 Corporation tax credit: automobile manufacturing. 01/11/2010 Held in Assembly Revenue & Taxation Committee on Suspense Dead The Corporation Tax Law authorizes various credits against the taxes imposed by that law. This bill would, for taxable years beginning on or after January 1, 2010, allow to a qualified taxpayer, as defined, a credit, not to exceed $10,000,000, for specified percentages of qualified expenditures, as defined. In general, the credit would be allowed to automobile manufacturers in this state that employ a specified number of qualified employees, as provided. AB 791 (Swanson) A-05/06/2009 Oakland Unified School District: governance. Education 07/02/2010 Senate Education Dead Establishes a process for the return of all rights, duties and powers to the governing board of the Oakland Unified School District. AB 980 (Swanson) A-04/22/2009 Emergency apportionments: repayment: charter schools. 08/13/2010 Senate Education Dead Requires charter schools located within the boundaries of a school district that is repaying an emergency apportionment to pay a prorated amount of the annual payment made by the district on the apportionment. AB 1718 (Blumenfield) V-09/29/2010 Taxation: property tax deferment. Finance 09/29/2010 Vetoed by prior version The version of AB 1718 supported by the Board of Supervisors would have replaced the amount to be distributed to private and public dispute resolution programs established by counties from superior court filing fees with an unspecified amount. The latest version of the bill would reauthorize and recast the Senior Citizens and Disabled Citizens Property Tax Postponement Program, and shift funding for that program from the state General Fund to a newly-created Senior Citizens and Disabled Citizens Property Tax Postponement Fund, which would hold moneys voluntarily deposited by a county or city and county, as specified. AB 1405 (De Leon) V-09/30/2010 California Global Warming Solutions Act of 2006: California Climate Change Community Benefits Fund. 09/30/2010 Vetoed by 2

3 Directs a minimum of 10% of revenues generated pursuant to AB 32 (Nunez), Chapter 488, Statutes of 2006, to a Community Benefits Fund (CBF) to be awarded by the Secretary for Environmental Protection (Secretary) to benefit disadvantaged communities. Veto Message: To the Members of the California State Assembly: I am returning Assembly Bill 1405 without my signature. This bill creates the California Climate Change Community Benefits fund by requiring a minimum of 10% of revenues from the sale of compliance instruments for market-based compliance mechanisms under AB 32 to be deposited into the fund. When the Legislature passed and I signed AB 32, we made a commitment to California s disadvantaged communities that we would ensure that the impacts of climate change and the impacts of reducing climate change would not fall disproportionately on their communities. Throughout the California Air Resources Board s (ARB) process, they have kept this commitment in mind and have fashioned every aspect of this program in a manner that attempts to lessen any disproportionate impact on these communities. I am confident ARB with keep on this path as they continue the important work of fashioning market-based mechanisms that will reduce the burden on California s business community while still achieving our climate change reduction goals. To that end, this bill is premature. Unfortunately, the bill proposes to spend money that does not currently exist and might not ever exist in a fund controlled by the state of California. Important work continues at ARB to determine the most effective and least costly manner to implement AB 32. I encourage the supporters of this bill to work in earnest with ARB as they build this program. There will be a time to have this discussion. Unfortunately, now is not that time. For these reasons, I am unable to sign this bill. Sincerely, Arnold Schwarzenegger AB 605 (Portantino) C-09/24/2010 Alcoholic beverages: instructional tasting events. Health and Social Services 09/24/2010 Chaptered 230, Statutes of 2010 Oppose This bill creates a new type of license (instructional tasting license) that allows the tasting of beer, wine, and distilled spirits at off-sale licensed premises. AB 719 (Lowenthal, Bonnie) C-10/11/2009 Transitional food 10/11/2009 Chaptered stamps for foster youth. 371, Statutes of 2009 AB 719 creates a transitional food stamps program for foster youth who age out of the foster care system, effective July 1, AB 1272 (Hill) A-06/23/2010 Emergency medical services: trauma center: helicopter landing pad. 06/30/2010 Senate Local Government Dead This bill would permit an EMS agency to submit a request of notification to a city, county, or city and county for notice of any zoning variance, permit, amendment, or entitlement for use that would permit the construction or operation of a heliport or helipad on the property of a general acute care hospital. The bill would also permit the local EMS agency, or an EMS agency from a county adjacent to the proposed heliport or helipad, after receiving the notice, to prepare a report, as specified, to consult with representatives of the city, county, or city and county regarding that report, and to provide written comments and appear at a hearing regarding the proposed construction or operation of a heliport or helipad. 3

4 AB 1598 (Beall) A-03/02/2010 Alcoholic beverages: caffeinated malt beverages. 04/23/2010 Assembly Governmental Organization Dead Would prohibit the sale, production, importation, manufacture or distribution of caffeinated malt beverages in California. AB 1694 (Beall) A-03/08/2010 Alcohol-Related Services Program. 04/23/2010 Assembly Health Dead Establishes the Alcohol-Related Services (ARS) Program within the Department of Alcohol and Drug Programs to mitigate the harm of alcohol use and imposes a five cent mitigation fee on beer, wine, and liquor to fund the ARS Program. AB 1701 (Chesbro) C-09/30/2010 Hypodermic needles and syringes. 09/30/2010 Signed by Existing law regulates the sale, possession, and disposal of hypodermic needles and syringes. Under existing law, a prescription is generally required to purchase a hypodermic needle or syringe for human use, except to administer adrenaline or insulin. This bill would delete the December 31, 2010, end dates for these authorizations and would reestablish these authorizations until December 31, AB 1756 (Swanson) A-04/05/2010 Food stamps: eligibility: drug felonies. 08/12/2010 Held on the Senate AB 1756 would provide that a conviction for a drug felony does not make an individual ineligible to receive food stamp benefits, if otherwise eligible. AB 1858 (Blumenfield) V-09/30/2010 Hypodermic needles 09/30/2010 Vetoed by and syringes: exchange services. Permits the Department of Public Health to authorize certain entities to provide hypodermic needle and syringe exchange services consistent with state and federal standards, including those of the United States Public Health Service, in any location where DPH determines that the conditions exist for the rapid spread of HIV, viral hepatitis, or any other potentially deadly or disabling infections that are spread through the sharing of used hypodermic needles and syringes. Veto Message: To the Members of the California State Assembly: I am returning Assembly Bill 1858 without my signature. I signed legislation in 2005 that reflected a careful balance between good public health policy and local decision-making authority. I remain comfortable with that original decision and do not believe it is appropriate to change this balance and instead give authority to the state Department of Public Health to overrule local decisions regarding syringe exchange programs. For this reason, I am unwilling to sign this bill. Sincerely, Arnold Schwarzenegger AB 2702 (Chesbro) A-08/05/2010 Developmental services: planning teams. 08/31/2010 Senate AB 2702 would require regional centers, in developing, reviewing, or modifying a consumer's 4

5 individual program plan or individualized family service plan to follow all procedures established in the Lanterman Developmental Disabilities Services Act or the California Early Intervention Services Act. AB 2727 (Bradford) I-02/19/2010 Applicant information: criminal history. 06/04/2010 Assembly This bill prohibits an employer from denying an application for employment based on the individual's prior conviction for a criminal offense, unless the employer determines that (a) there is a direct relationship between the criminal offense and the employment sought, or (b) the granting of employment would involve an unreasonable risk to property or the safety of welfare of specific persons or the general public. SB 152 (Cox) A-04/14/2009 Medi-Cal funding: mental health services. 07/02/2010 Assembly Health Dead This bill would require the State Department of Mental Health to send a reimbursement claim to the Controller within 90 days after the receipt of a reimbursement claim from any fee-forservice county contractor, and would provide that interest shall accrue on an unpaid claim, as prescribed, commencing on the 91st day after receipt of the claim, except as provided. SB 603 (Padilla) A-07/01/2009 Retail cigarette and 07/02/2010 Assembly tobacco sales: licenses: Governmental violations. Organization Dead This bill would establish a $100 annual fee on each license issued by the State Board of Equalization for the retail sale of cigarette and tobacco products. Also, this bill establishes a statewide standard relative to the traditional retailers definition and proximity limitations. Alameda County removed support when pre-emption of local ordinances was added. SB 797 (Pavley) A-06/24/2010 Product safety: bisphenol A. 08/31/2010 Senate Floor Dead This bill (1) prohibits, beginning in 2012, the sale, manufacture or distribution of a bottle or cup or a liquid, food or beverage in the can, jar or plastic bottle that contains bisphenol A if the item is primarily intended for children three years of age or younger; (2) repeals this prohibition if the Department of Toxic Substances Control adopts a regulatory response, pursuant to current "Green Chemistry" law, regarding the use of bisphenol A. SB 810 (Leno) A-01/13/2010 Single-payer health care coverage. 08/ Assembly Floor Dead This bill would establish the California Healthcare System to be administered by the California Healthcare Agency under the control of a Healthcare Commissioner. The bill would make all California residents eligible for health care benefits under the California Healthcare System, which would, on a single-payer basis, negotiate for or set fees for health care services provided through the system and pay claims for those services. SB 817 (Hancock) A-08/20/2010 Medi-Cal: individuals in county juvenile detention facilities: Alameda County. 08/31/2010 Assembly Floor Dead Sponsor Requires Medi-Cal benefits to be provided to juveniles awaiting adjudication in the Alameda 5

6 County jail, to the extent federal financial participation (FFP) is available. SB 886 (Florez) A-08/22/2010 In-home supportive services providers: electronic timekeeping. 08/12/2010 Assembly This bill authorizes county human services departments responsible for administering the In- Home ive Services (IHSS) program to permit IHSS providers to use electronic timekeeping. SB 1029 (Yee) V-09/30/2010 Hypodermic needles and syringes. 09/30/2010 Vetoed by Repeals the Disease Prevention Demonstration Project in existing law. Permits pharmacists and physicians to distribute to individuals, and individuals to receive, up to 30 needles without a prescription solely for personal use, as specified. Veto Message: To the Members of the California State Senate: I am returning Senate Bill 1029 without my signature. When I signed legislation my first year in office allowing for a pilot program to allow the sale of syringes through participating counties and registered pharmacies, I was seeking to balance the competing public health, law enforcement and local control issues that this issue requires. I believe this balance was achieved and SB 1029 would remove the ability of local officials to best determine policies in their jurisdiction. Some counties have not sought to implement this pilot program, citing competing priorities, lack of pharmacy interest and law enforcement opposition. I respect these local decisions and while I appreciate the author s hard work and dedication to this issue, I cannot sign this bill. Sincerely, Arnold Schwarzenegger SB 1084 (Liu) A-08/02/2010 California Economic Security Task Force. 08/31/2010 Assembly This bill creates an Economic Security Task Force and requires it to develop recommendations for reducing poverty and increasing economic security among Californians. SB 1091 (Hancock) V-09/29/2010 Medi-Cal: individuals in county juvenile detention facilities. 09/29/2010 Vetoed by Sponsor This bill authorizes counties to access federal Medi-Cal reimbursement for health services provided to specified youth awaiting adjudication in county juvenile detention facilities effective January 1, 2012, or when federal approval is received, whichever is later. Veto Message: To the Members of the California State Senate: I am returning Senate Bill 1091 without my signature. This bill, while well-intentioned, is inconsistent with federal law and exposes the state to potentially significant costs. If the author wishes to craft workable legislation that allows for additional federal funds but also adheres to federal Medicaid law and regulations, the Department of Health Care Services would be willing to assist in that effort next year. Sincerely, Arnold Schwarzenegger SB 1210 (Florez) A-05/05/2010 Taxation: sweetened beverage tax: Children's Health Promotion Fund. 05/13/2010 Senate Revenue and Taxation 6

7 Enacts an Excise Tax of One Cent per Teaspoon of Added Caloric Sweetener in a Bottled Sweetened Beverage or Concentrate. SB 1236 (Alquist) A-06/10/2010 Medi-Cal: utilization controls. 08/31/2010 Assembly This bill requires the California Department of Health Care Services (DHCS) to establish an alternative to the use of designated public hospital inpatient Treatment Authorization Requests (TARs). TARs are the route by which providers receive authorization for specified treatments and services provided on behalf of Medi-Cal patients. SB 1255 (Padilla) A-06/22/2010 Schools: nutrition: beverages. 08/12/2010 Assembly This bill, beginning on July 1, 2011, prohibits an electrolyte replacement beverage that contains no more than 42 grams of added sweetener per 20 ounce serving from being sold to middle and high school pupils from one-half hour before the start of the school day until onehalf hour after the end of the school day. SB 1413 (Leno) C-09/30/2010 Schools: pupil nutrition: availability of tap water. 09/30/2010 Chaptered 558, Statutes of 2010 Requires school districts to provide students with access to free drinking water beginning July 1, SB 1431 (Simitian) V-09/29/2010 County Health Initiative Matching Fund. 09/29/2010 Vetoed by This bill conforms state law to a federal option to increase income eligibility for children's health coverage from 300% of federal poverty level (FPL) to 400% FPL to allow counties to draw down additional County Health Initiative Matching (CHIM) Fund support with non-gf intergovernmental transfers (generally local funds). In addition, this bill modifies CHIM eligibility to account for enrollment freezes and other access issues created in the Healthy Families Program due to budget shortfalls. Veto Message: To the Members of the California State Senate: I am returning Senate Bill 1431 without my signature. Given the state of the economy, the low participation rate in the current program and the new federal maintenance of effort requirements for the Healthy Families program, expanding eligibility for this local program is not necessary. In addition, the practical impacts of this bill will be short-lived, given that families with eligible children will have the opportunity to purchase subsidized insurance through the health insurance exchange in For these reasons, I do not believe it is necessary to sign this bill at this time. Sincerely, Arnold Schwarzenegger SJR 8 (Corbett) A-06/25/2009 Electronic cigarettes. 08/20/2009 Assembly Governmental Organization Dead This measure would request that the federal Food and Drug Administration (FDA) prohibit all sales of electronic cigarettes until the FDA has found them to be safe. 7

8 Miscellaneous AB 139 (Brownley) C-07/07/2010 Local government: county boards: regular meetings. 07/07/2010 Chaptered by Secretary of State - Chapter 34, Statutes of 2010 Allows county boards of supervisors to hold one or more regular meetings at a location outside of the county seat so long as the location is within the county. AB 1925 (Salas) V-09/29/2010 Veterans courts. 09/29/2010 Vetoed by Authorizes superior courts to develop and implement pre guilty plea programs, deferred entry of judgment programs, and/or post guilty plea veterans court programs. Veto Message: I am returning Assembly Bill 1925 without my signature. This measure would authorize superior courts to develop and implement veterans' courts programs in California to allow criminal defendants who were also veterans of the United States Military an opportunity to go through alternative treatment programs and rehabilitation in a non-prison setting. I strongly support providing alternative treatment programs for veterans who may find themselves caught up in the criminal justice system due to service-related trauma or brain injury. That is why I am signing Assembly Bill 674 and Senate Bill However, I am unable to sign this bill because, like Assembly Bill 114, which I am also returning without my signature, authorizing legislation is not required for the superior courts to establish specialized courts with dedicated calendars. I would urge the Judicial Council to examine the need for veterans' courts, however, and establish appropriate guidelines for the superior courts to follow. For these reasons, I am unable to sign this bill. Sincerely, Arnold Schwarzenegger SB 830 (Wright) C-09/29/2010 Recording crimes. 09/29/2010 Chaptered 480, Statutes of 2010 prior version The version of SB 830 supported by the board of Supervisors pertained to horse racing. The current version of the bill expands the definition of a "recording" for the purposes of prosecuting persons trafficking in pirated recordings for financial gain, to include memory cards, flash drives, hard-drives, or data storage devices. AB 346 (Conway) C-07/09/2010 Schools: noncertificated candidates: Activity Supervisor Clearance Certificate. Planning and Land Use 07/09/2010 Chaptered by Secretary of State - Chapter 52, Statutes of 2010 prior version The bill supported by the BOS would have expanded the type of projects, and local contributions that are allowed in order to be eligible for School Facility Joint-Use Program funding, establishes a statutory maximum grant amount per project, and makes these provisions contingent upon the approval of a statewide general obligation bond act for educational facilities on or after January 1, The measure, as chaptered, changes the requirements for the Activity Supervisor Clearance Certificate. 8

9 AB 999 (Skinner) A-08/20/2010 Juveniles: Division of Juvenile Facilities. Public Safety 09/08/2009 Senate Dead This bill prohibits the Department of Corrections and Rehabilitation from extending a wards parole consideration date, and would require the department to promulgate regulations to establish a process for granting a ward whose parole consideration hearing date was delayed due to disciplinary sanctions prior to January 1, 2011, a reduction of up to 100 percent of any time acquired for disciplinary matters. AB 2319 (Swanson) A-04/20/2010 Human trafficking: minors. 06/04/2010 Assembly Sponsor Existing law provides that any person, who deprives or violates the personal liberty of another with the intent to effect or maintain certain felonies, or to obtain forced labor or services is guilty of human trafficking. This bill would provide in addition that depriving or violating a person's liberty with the intent to effect or maintain the provision of a person under the age of 16 to another person for the purpose of any lewd or lascivious act, or the procurement of minors in the preparation of material depicting sexual conduct by a minor, constitutes human trafficking. SB 50 (Corbett) A-09/10/2009 Victims of sexual assault. 07/02/2010 Assembly Public Safety Dead This bill would provide that victims of sexual assault are not required to participate in the criminal justice system or cooperate with law enforcement in order to be provided with a forensic medical exam. Because this bill would expand a victim's right to a medical exam paid for by a local agency, it would impose a state-mandated local program. SB 1035 (Hancock) C-09/29/2010 AB 1667 (Swanson) C-07/16/2010 Municipal utility district: utility charges: delinquencies. Public Works 09/29/2010 Chaptered 485, Statutes of 2010 Sponsor Authorizes a municipal utility district (MUD) to collect delinquent fees incurred by a commercial or residential lessee, tenant, or subtenant by charging the delinquent fees to the property owner's tax roll, as specified, and deletes a provision of existing law which exempts water and sewer service to residential property from the lien remedy. Public employment: County of Alameda. Retirement 07/15/2010 Chaptered by Secretary of State - Chapter 81, Statutes of 2010 Sponsor This bill allows implementation of the memorandum of understanding between Alameda County and the Deputy Sheriffs' Association of Alameda County. The MOU eliminates the current 3% at age 50 retirement formula for new hires and replaces it with the choice between two new retirement formulas: 2% at age 50, or 3% at age 55 with increased member contributions. 9

10 AB 1586 (Swanson) C-07/16/2010 AB 2147 (V. Manuel Perez) V-09/29/2010 San Francisco Bay Area Rapid Transit District. Transit 07/15/2010 Chaptered by Secretary of State - Chapter 78, Statutes of 2010 Authorizes the San Francisco Bay Area Rapid Transit Board of Directors to establish an office of police auditor. Safe Routes to School construction program. Transportation 09/29/2010 Vetoed by Modifies the Safe Routes to School (SR2S) program to authorize schools to apply for SR2S grants and to require the California Department of Transportation (Caltrans) to establish an advisory body. Veto Message: I am returning Assembly Bill 2147 without my signature. This bill would expand the list of factors to be used when rating Safe Routes to School (SRTS) Program proposals to include the consideration of the benefits to a low-income school, and the degree to which the proposal reflects the participation, input and priorities of various community stakeholders. Additionally, this bill would clarify that school districts are included among the government entities eligible to apply for SRTS funds. While this bill is intended to enhance the position of low-income communities to compete for SRTS funds, based on the recent success of those communities receiving SRTS program funding, this bill may be unnecessary. A recent review of the SRTS Program determined that low-income schools, which compromise approximately one-third of California schools, have received 35 percent and 44 percent of all SRTS grants awarded over the past five years through the state and federal programs, respectively. Additionally, to the extent funding is provided to weaker proposals receiving additional credits by benefitting low-income schools, this bill could have a negative impact on project delivery and may not result in the intended long-term increases in walking and biking that the program funds are intended to encourage. For these reasons I cannot sign this bill. Sincerely, Arnold Schwarzenegger SB 346 (Kehoe) C-09/27/2010 Hazardous materials: motor vehicle brake friction materials. Water Issues/Flood Control 09/27/2010 Chaptered 307, Statutes of 2010 This bill bans the sale of brake pads containing copper and other toxic materials. SCA 18 (Liu) I-03/10/2009 Local government: property-related fees. 06/17/2009 Senate Third Reading Dead Exempts new or increased stormwater and urban runoff management fees or charges from the California Constitution's voter approval requirements for property-related fees and charges. 10