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HomeMy WebLinkAbout14. Receive legislative matters update Page 1 of 2 Item 14. Algi CENTRAL SAN BOARD OF DIRECTORS WE VS.101 M POSITION PAPER MEETING DATE: APRIL 15, 2021 SUBJECT: RECEIVE UPDATE ON PENDING LEGISLATIVE MATTERS AND PROVIDE DIRECTION ON PRIORITY LEGISLATION SUBMITTED BY: INITIATING DEPARTMENT: EMILY BARNETT, COMMUNICATIONS AND ADMINISTRATION-COMM SVCS AND INTERGOVERNMENTAL RELATIONS INTERGOV REL MANAGER REVIEWED BY: PHILIP R. LEIBER, DIRECTOR OF FINANCE AND ADMINISTRATION Roger S. Bailey Kenton L. Alm General Manager District Counsel ISSUE In accordance with Board Policy No. BP 026 — Legislative Advocacy, the Board may provide direction to staff on positions related to priority legislation. BACKGROUND Under BP 026 — Legislative Advocacy, when legislation has direct impact on Central San or special significance to the Board, the General Manager will present information to the Board on priority legislation. The Board may then provide direction as to Central San's position on the legislation. Staff has reviewed pending legislation and worked with member associations to identify possible direct impacts on Central San. The process to create and pass legislation is constantly in flux; the priority legislation presented in this Position Paper represents the most confident analysis and due diligence research at this time. As new information becomes available, it will be presented at future Board meetings. April 15, 2021 Regular Board Meeting Agenda Packet- Page 148 of 185 Page 2 of 2 A priority legislation tracking sheet for Board review and input will be sent prior to the Board meeting with the latest information. Staff will discuss several of the priority items at this meeting and expand on others in the coming weeks as more information becomes available. ALTERNATIVES/CONSIDERATIONS The Board may choose from the following positions on each piece of legislation: • Support • Support if Amended • Neutral • Oppose Unless Amended • Oppose FINANCIAL IMPACTS None. COMMITTEE RECOMMENDATION This matter was not reviewed by a Board Committee. RECOMMENDED BOARD ACTION If applicable, take one of the following actions on Priority Legislative Tracking Sheet or another legislative matter: 1. Adopt staff recommended position(s) on the priority legislation; or 2. Adopt a different position on one or more pieces of the priority legislation; or 3. Take no action. Strategic Plan Tie-In GOAL ONE: Customer and Community Strategy 1—Deliver high-quality customer service, Strategy 2—Maintain a positive reputation April 15, 2021 Regular Board Meeting Agenda Packet- Page 149 of 185 Central San 2021 Priority Legislative Tracking Sheet as of 4/15/21 Item 14. (Handout) Green Shading- bill enacted, Attachment 1 Gray Shading- bill is dead, White Shading- bill in progress Industry Position Federal/ Board Date of Board State Author Legislation Also Known As Summary Organizations) Recommended by Decision Direction Priority List/Position Staff 1 State Portantino(D-La Proposed Wildfire SB 45 Wildfire Prevention, Safe Drinking Water, Drought Preparation, and Flood Protection California Association No position No position 02/18/21 4/15/21 Hearing set in Senate Governance and Canada Flintridge) Bond prevention, safe Bond Act of 2022— of Sanitation Agencies Finance Committee.4/8/21 Authors Measure SB drinking water Authorizes the sale of$5.51 billion in general obligation bonds. (CASA): Support if amendments. 2/8/21 This is a reintroduced bill 45 drought $2.20 billion,wildfire prevention and community resilience Amended to include from previous session. preparation and $1.47 billion, protection of California's water supply and water quality additional monies flood protection $620 million, protecting fish and wildlife from climate risks requested for recycled bond act of 2022 $190 million, protecting agricultural land from climate risks water, etc. aka CA Climate $970 million, protecting coastal lands/oceans/bays/waters/natural resources/wildlife from climate Bond (if passed risks will be placed on $60 million, climate resilience,workforce development, and education Nov. 2022 ballot). 2 State Hertzberg SB 273 Stormwater This bill authorizes municipal wastewater agencies to enter into voluntary agreements with Co-sponsored: CASA Support Support 02/18/21 4/19/21 Senate Appropriations Hearing Set. (D-Van Nuys) Capture and entities responsible for stormwater management—including municipal, industrial, and and California 4/12/21 Passed from Senate Environmental Diversion commercial stormwater dischargers—to more effectively manage stormwater and dry weather Coastkeeper Alliance Quality Committee 7-0. 1/23/20 Unanimous Authority runoff. The bill supplements the existing authority of all municipal wastewater agencies to enter (CCA) decision by CASA Legislative Committee to move into projects to divert and treat stormwater and dry weather runoff.Any agreement, project, or forward with compromise bill with Hertzberg. use of this authority is completely voluntary for all entities involved. The bill will therefore 2/8/21 This is a reintroduced bill from previous promote regional interagency cooperation, improve water quality, and make efficient use of session. publicly owned infrastructure by removing onerous barriers that prevent stormwater capture, treatment and recycling. 3 State Newman (D-Brea) SB 289 Solid waste: This bill would conduct a study on the disposal and recyclability of household batteries, including Co-sponsored: Support Support 02/18/21 4/27/21 Set for Senate Chamber hearing. household their impact on solid waste landfills, health impacts, associated costs, and now include lithium- California Product 4/12/21 Passed from Senate Environmental batteries ion and nickel metal hydraide to those studied (a change from the 2020 proposed legislation). Stewardship Council Quality committee 5-2.4/5/21 Amended. 2/8/21 This is an extended producer responsibility bill and our HHW supervisor requested support. (CPSC), South This is a reintroduced bill from previous session. Bayside Waste Management Authority, and Californians Against Waste(SBWMA) 4 State Bloom (D-Santa AB 818 Nonwoven This bill would require, commencing July 1, 2022, certain nonwoven disposal products to be Co-Sponsored: CASA Support Support 02/18/21 4/13/21 Passed from Assembly Judiciary Monica) disposable labeled clearly and conspicuously to communicate that they should not be flushed, as specified. and National Committee 11-0.4/7/21 Passed from Assembly products The bill would establish enforcement provisions, including authorizing a civil penalty not to Stewardship Action Environmental Safety and Toxic Materials exceed$2,500 per violation to be imposed on a person who violates the bill's provisions. The bill Council (NSAC) Committee 9-0.2/17/21 Bill in print. 2/8/21 This is provides that the industry conduct a 5 year customer education campaign on the labeling.This a reintroduced bill from previous session. bill would not apply to currently labeled"flushable wipes", but is a positive first step in tackling the issue legislatively. This is the third attempt to pass this legislation. This bill represents an agreement with the industry. 5 Federal Representative TBD Break Free From These bills require producers of covered products to finance programs to collect and process the Support: CASA, Support Support 02/18/21 2/8/21 This is a reintroduced bill from previous Lowenthal (D-CA), Plastic Pollution plastic product waste and implement cleanup programs with EPA approval. The bill would create NSAC session. Act a 10-cent national refund program for all beverage containers regardless of material. Beginning January 2023, it would begin to phase out single-use plastic products and impose a fee on carryout bags. It would create a national standard for recycled content, and protect existing state action. CASA included language that includes wipes as part of the bill. Central San 2021 Priority Legislative Tracking Sheet as of 4/15/21 Green Shading- bill enacted, Gray Shading- bill is dead, White Shading- bill in progress Industry Position Federal/ Board Date of Board State Author Legislation Also Known As Summary Organization(s) Recommended by Decision Direction Notes Priority List/Position Staff 6 State Gabriel (D- AB 59 Mitigation Fee Act This bill may eliminate the ability for agencies to assess connection and capacity fees using a CASA: Oppose Watch Watch 3/18/21, 4/14/21 This bill is likely dead. 3/17/21 Woodland Hills) 2021 "buy-in"fee methodology, and would instead require connection and capacity fees to be strongly. Oppose Unie& Oppose 02/18/2021 Amendments made that remove Assembly Majority assessed based on the actual costs of new development. The bill is being spearheaded by AFR8Rded Unless capacity/connections fees. No impact to Whip housing advocates that cite high development fees as an impediment to new housing. Official Amended Water/Wastewater. 2/8/21 This is a reintroduced bill summary states: Prohibits a local agency from imposing a housing impact requirement bill from previous session. 1/28/21 CASA,ACWA, adopted by the local agency on a housing development project, as defined, unless specified CMUA and CSDA have a working group to requirements are satisfied by the local agency, including that the housing impact requirement be address this bill. roughly proportional in both nature and extent to the impact created by the housing development project. 7 State Dodd (D-Napa) SB 222 Water Affordability This bill would establish the Water Affordability Assistance Fund in the State Treasury to help CASA:Watch, Watch Watch 02/18/21 4/12/21 Passed as amended from Assistance provide water affordability assistance,for both drinking water and wastewater services,to low- Association of Clean Environmental Quality Committee.4/5/21 Program income/economic hardship ratepayers in California.The bill would make moneys in the fund Water Agencies Additional authors amendments. 1/14/21 available upon appropriation by the Legislature to the state board to provide, as part of the (ACWA): Watch (both Introduced. Water Affordability Assistance Program established by the bill, direct water bill assistance, water will reconsider position bill credits,water crisis assistance, affordability assistance, and short-term assistance to public at a future legislative water systems to administer program components.The bill would require the water board to meeting develop guidelines/oversight procedures/budget by January 1, 2023. To the extent this provision would impose new requirements on local publicly owned electric utilities and local publicly owned gas utilities, the bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement, however, no funding has been identified yet in this bill. 8 State Rivas(D-Hollister) AB 377 California Clean The bill is sponsored by Coastkeeper and makes significant changes to NPDES permitting CASA: Oppose Oppose Oppose 02/18/21 4/14/21 Central San+DSRSD Staff met with Principle Co-Author: Waters Act procedures, creates a new enforcement program, and requires all surface water in California to Assemblymember Bauer-Kahan staff to discuss Hertzberg be drinkable,fishable, and swimmable by 2050. The intent is to address chronic contamination bill concerns.4/13/21 New amendments in (D-Van Nuys) of impaired receiving waters. print.4/3/17/21 Staff continues to work with the author on amendments(two sets so far)that are baby steps to move this bill in a more positive direction. 2/2/21 Introduced. 9 Federal Garamendi (D-CA) H.R. 535, S. Include Special These two identical bills would amend the Social Security Act to include special districts in the California Special Support Support 02/18/21 2/3/21 17 CA Co-sponsors including McNerny and Sinema(D-AZ) 91 Districts in COVID coronavirus relief fund and directs the Secretary to include special districts as an eligible issuer Districts Association DeSaulnier. relief under the Municipal Liquidity Facility (CSDA): Support 10 State Rivas(D-Hollister) AB 361 Brown Act: The bill allows local agencies to meet remotely during a declared state or local emergency. It CSDA: Sponsor Support Support 02/18/21 4/6/21 From Assembly rereferred to Assembly Remote Meetings would remove the requirement for agencies to post meeting notices/agendas in physical Local Government Committee with authors During locations during an emergency.While the public must continue to have access to the remote amendments. 2/8/21 Request from CSDA to Emergencies meeting and provided the ability to make public comment, this bill states agencies would not be provide letter of support. required to make all remote meeting sites accessible to the public, nor include the remote location details in the meeting notice or agenda during a declared state of emergency or a declared local emergency.Additionally, agency board members would not be required to be at remote sites within the territorial bounds of the agency during a declared state of emergency or a declared local emergency Central San 2021 Priority Legislative Tracking Sheet as of 4/15/21 Green Shading- bill enacted, Gray Shading- bill is dead, White Shading- bill in progress Industry Position Federal/ Board Date of Board State Author Legislation Also Known As Summary Organization(s) Recommended by Decision Direction Notes Priority List/Position Staff 11 State/ Garcia(D-Bell AJR 4 Support This joint resolution would declare California to be in favor of the United States' ratification of the Support: CPSC Support Support 02/18/21 4/5/21 Coauthors revised -Adopted by Federal Gardens) Ratification of Basel Convention at the earliest opportunity and would request the Biden Administration to Assembly(60-0).2/8/21 Request from CPSC to Basal Agreement accomplish this ratification as a matter of urgency. The Basel Convention resolution on the join letter of support. Control of the Transboundary Movements of Hazardous Wastes and their Disposal (1989)was signed but never ratified by the United States.The United States is now one of only a few countries that have failed to ratify this vital multinational environmental agreement to protect developing countries from the export and dumping of wastes from rich industrialized countries. According to the journal Science Advances the United States and Great Britain are the world's biggest source of plastic waste. In 2019, the Basel Convention was amended to include mixed and contaminated plastic waste shipments within its control procedure to address the problem of plastic waste collected for recycling in industrialized nations and sent to highly polluting recycling operations in developing countries. In these locations, the plastic waste is often dumped and burned rather than safely recycled.As of January 1, 2021, such exports will require the notification and consent of receiving countries prior to export. However,the United States, not being a Basel Party will not be able to legally export wastes,which are illegal for the importing country to receive, leading to illegal traffic, seizures, lawsuits, and waste repatriation events. Plastic pollution is a growing global concern. 12 State Caballero(D- SB 323 Water or Sewer This ACWA sponsored measure sets the statute of limitations to challenge water and Sponsor:ACWA, Support Support 03/04/21 4/20/21 Hearing scheduled in Senate Judiciary Merced) Service: Legal sewer rates and changes to be the same 120 day currently placed capacity and connections Committee. 3/25/21 Passed from Senate Actions charges. By applying the same judicial actions, procedures and timelines, this bill would provide Governance and Finance Committee(4-1). 3/2/21 agencies with an expedited, conclusive, and binding determination about the validity of the CSDA staff recommending support position. agency's action. By obtaining a speedy resolution, the agency can act in reliance on the action, 3/11/21 Date for Senate Governance and Finance without the threat of lawsuits years later. Committee hearing. 13 State Lee(D-San Jose) AB 339 Local This bill would amend the Brown Act placing new requirements on public agencies for their Oppose Oppose 03/04/21 4/14/21 No movement on this bill since Government: public meeting agendas, meeting materials, and meeting accessibility. Specifically, the bill will introduction in late January. 3/5/21 With further Open Meetings require that: •All meetings of a legislative body for a local public agency(governing board, staff review here would also be additional staffing committee or subcommittee)or the state to include both a call-in and an internet-based service required forever if we wanted to have all of our option for members of the public to attend the meeting •The internet-based service option must board meetings according to those requirements. provide closed captioning service Letting people fully interact verbally over Teams or •All meetings shall include an in-person public comment opportunity(whether the meeting is a Zoom would require having staff dedicated to teleconference meeting or not) running all that behind the scenes.Also, the closed •All agendas and instructions for accessing meetings must be translated into all languages for captioning is an issue.We have a way to capture it which 5%of the populations in the area governed by the local agency is a speaker automatically word for word. But the punctuation • Persons commenting in person shall not have more time or in any other way be prioritized over isn't good and it doesn't show who is saying what. persons commenting remotely via call-in or internet-based service To do it right would require a human doing that as • Instructions on how to attend the meeting via call-in or internet-based service shall be posted well. It is not clear if the closed captioning would online along with the meeting agenda in an easily accessible location (as drafted, likely in error, also need to happen with translating but that would this does not exempt those agencies without a website from this requirement) be problematic. 3/2/21 CSDA staff recommending • Legislative bodies of local agencies shall employ a sufficient amount of qualified bilingual oppose position. persons to provide translation during the meeting in the language of the non-English-speaking person, in jurisdictions which govern a substantial number of non-English-speaking people. "Non- English-speaking people" is defined as members of a group who either do not speak English, or who are unable to effectively communicate in English because it is not their native language, and who comprise 5 percent or more of the people served by the statewide or any local office or facility of a state agency. •The provisions apply to local public agencies as well as the State. However,they do not apply to the California State Legislature in the same way. Central San 2021 Priority Legislative Tracking Sheet as of 4/15/21 Green Shading- bill enacted, Gray Shading- bill is dead, White Shading- bill in progress Industry Position Federal/ Board Date of Board State Author Legislation Also Known As Summary Organization(s) Recommended by Decision Direction Priority List/Position Staff 14 Federal Congressmember H.R. 1352 Water It would create a WATER Trust Fund to deliver$35 million in dedicated funding for water Support Support 03/04/21 4/5/21 Referred to the Subcommittee on Lawrence(D-MI)& Affordability, infrastructure improvements,with a priority on disadvantaged communities. The bill would Conservation and Forestry. 3/2/21 Introduced. Khanna(D-CA) Transparency, provide the following: Senator Bernie Sanders(I-VT)has introduced Equity, and -Provides$34.85 billion a year to drinking water and wastewater improvements; companion legislation in the Senate. Reliability -Creates a water trust fund; (WATER)Act of -Creates up to nearly 1 million jobs across the economy and protect American workers; 2021 -Prioritizes disadvantaged communities with grants and additional support; -Expands funding for technical assistance to small, rural, and indigenous communities; -Funds projects to address water contamination from PFAS; -Requires US EPA to study water affordability, shutoffs, discrimination, and civil rights violations by water providers; -Upgrades household wells and septic systems; -Helps homeowners replace lead service lines; and -Provides more than$1 billion a year to update water infrastructure in public schools. 15 State Hertzberg(D-Van SB 443 ReferendumrGut/Amended bill would require initiative and referendum measures to appear in the Neutral Watch 4115/21 4/12/21 Gut/Amended-not the same bill.Staff Nuys) " order in which they qualify for the ballot. Thi boll : VVatG 0304/2021 will recommend Neutral position. 2/18/21 FUIleKtea) EleGtOO^G: Introduced (spot bill). Rerlls+rip+inn ergAssembly, GeRgress, Equalizatign planing the gri+eria in AQ 84. C Q 443 igh as Gen+ral Can's new dis+rinting map, uld need+g hg a alma+erl fnr -SR 442wn,d requires"substaRtial"equality iR PGPUIati9R"as required by the I-Inited- State's GORStit6ltieR,"t bill would require jyrisdiGtiORS tG"aGhieve pepylat'GR equality aS Rearly as is , �.ghere rleyia+inn is red top ply with the federal Ve+ing Rights Apt." ni+ies gf interest a alysis The boll dees Ret ad-d—res;s the faGt that IGGal juris;d-ir-4meMs de not yet kROW WheR they will re- 16 State Senator Glazer(D- SB 594 Elections: Local This bill would state the intent of the Legislature to enact legislation that would mitigate issues Support Support if 4/15/2021 4/12/21 Passed from Senate Elections and Orinda) Redistricting surrounding the potential delay in the release of census data and the effect of that delay on local Suppert ArneRded Amended 03/04/2021 Constitutional Amendments Committee on (5-0) redistricting. Census data is now delayed 6 months. with District amendments.4/5/21 Central San amendments in print and to committee. 3/26/21 Staff submitted two sets of amendments for inclusion in the 4/12/21 hearing. One set will provide relief only to Central San, the second set provides umbrella relief to all special districts that fall under a special or enabling act requiring a date for redistricting. 3/17/21 Staff working with a In its current form this bill would not provide relief to Central San under our current requirement under the CA Health and Safety Code to redistrict by November 1, 2021. Language to include Central San would be required to ensure the District falls within protections other agencies are afforded. Central San 2021 Priority Legislative Tracking Sheet as of 4/15/21 Green Shading- bill enacted, Gray Shading- bill is dead, White Shading- bill in progress Industry Position Federal/ Board Date of Board State Author Legislation Also Known As Summary Organization(s) Recommended by Decision Direction Notes Priority List/Position Staff 17 State Assemblymember AB 622 Washing This bill would require, on or before January 1, 2024, that all washing machines sold as new in CASA-Support, Support Support 03/18/21 4/21/21 Committee hearing set in Assembly Friedman (D- machines: California contain a microfiber filtration system with a mesh size of 100 microns or smaller. CASA may choose to Environmental Safety and Toxic Materials. Glendale) microfiber filtration sponsor this bill 4/7/21 Hearing postponed by committee. 18 State Assemblymember ACR 17 Special Districts This measure proclaims the week of May 16, 2021, to May 22, 2021,to be Special Districts Sponsor: CSDA Support Support 03/18/21 Voepel (R-San Week Week. Diego County) 19 State Assemblymember AB 678 Housing Current law,the Mitigation Fee Act, imposes various requirements with respect to the CSDA: Oppose Watch Watch 04/01/21 4/14/21 This bill is likely to not move forward. Grayson (D- development establishment, increase, or imposition of a fee by a local agency as a condition of approval of a 4/1/21 CSDA will likely oppose. 3/25/21 Amended Concord) projects:fees and development project, including requiring a local agency, in any action establishing, increasing, or and rereferred to Assembly Local Government and exactions cap imposing such a fee, to determine how there is a reasonable relationship between the fee's use Housing and Community Development and the type of development on which the fee is imposed. This bill would make nonsubstantive Committees changes to this requirement. 20 State Assemblymember AB 602 Impact Fees: This bill would require, a local agency to produce a nexus study prior to the imposition of any 4/13/21 CASA Neutral Oppose 4/15/21 4/14/21 Hearing set in Assembly Local Grayson (D- Development impact fee or other exaction and that study be updated every 8 years and noticed 30 days in Neutral. 3/26/21 ^^^^ce UR'eS Unless 04/01/2021 Government Committee.4/13/21 With Concord) Fees Nexus advance before adoption. It would require that nexus study to identify the existing level of service Initially-CSDA, Amended Amended Committee bill analysis, CASA will remove Studies for each assessed impact, identify the proposed new level of service, explain the level of metric CASA, California opposition.4/6/21 Author's amendments being used, and include a finding of why the new level of service is necessary. It would require State Association of removed connection and capacity fee reference that a fee levied or imposed on a housing development project by a local agency be Counties(CSAC), and essentially remove special districts from proportionate to the square footage of the proposed unit or units, and would seek to link local League of California this bill. 3/25/21 Referred to Assembly Local agency projects to a capital development or capital investment plan.Additionally, it requires the Cities(League), and Government Committee. 3/18/21 Spot bill that was Housing and Community Development Department to create an impact fee nexus study Urban Counties of gut and amended to include connection and template that includes a housing development feasibility study be included, and could very likely California (UCC): capacity fees. CASA/CSDA/ACWA/CMUA and be produced on contract with the University of California's Terner Center. Oppose Unless other have joined a working group to highlight that CASA/CSDA/ACWA/CMUA supported amendments to be proposed would likely include a total Amend it is constitutionally illegal to subsidize one exception for connection and capacity charges, deletion of any reference to"exactions", deletion customer class over another(Proposition 218). of any linkage to a capital investment plan, deletion of the template created by HCD in favor of a Connection and capacity fees are still include clearinghouse of nexus studies at the Governor's Office of Planning and Research, deletion of despite authors office saying that they would be any square footage metric mandate in favor of an analysis in the nexus study explaining the use removed. of or non-use of square footage for a particular metric, other technical and verbiage change requests. 21 State Senator Skinner(D- SB 95 COVID-19 This bill creates a statewide policy to allow employees access to 80 hours of COVID-19 Oppose: CAL No position No action 04/01/21 This bill was gut/amended on 3/15/21,went into Oakland) Supplemental supplemental paid sick leave retroactive from January 1, 2021 through September 30, 2021. Chamber required print, passed committees with rule suspensions, Paid Sick Leave passed both houses, and had the Governor's signature all by 3/19/21. Item 14. (Handout) Attachment 2 AMENDED IN SENATE APRIL 5, 2021 AMENDED IN SENATE MARCH 4, 2021 SENATE BILL No. 594 Introduced by Senator Glazer February 18, 2021 An act to amend Sections 21500, 21509, 21601, 21609, 21621,E 2z`z629 of 21629 and 22001 of, and to add Section 22000.1 to, the Elections Code, and to amend Section 6592 of the Health and Safety Code, relating to elections, and declaring the urgency thereof, to take effect immediately. LEGISLATIVE COUNSEL'S DIGEST SB 594, as amended, Glazer. Elections: local redistricting. Existing law requires counties, general law cities, and charter cities that elect members of their legislative bodies using district-based elections to adopt boundaries for those supervisorial or council districts following each federal decennial census, as specified. Existing law expressly authorizes a city council to adopt district boundaries by resolution or ordinance. If a legislative body does not adopt district boundaries by a specified deadline, existing law requires the legislative body, and authorizes a resident of the county or city, to petition the superior court for an order adopting boundaries. Existing law provides that the superior court's order is immediately effective in the same manner as an enacted ordinance or resolution of the legislative body. This bill would clarify that "adopting" district boundaries for these purposes means the passage of an ordinance or resolution specifying those boundaries. The bill would expressly authorize a county board of supervisors to adopt supervisorial district boundaries by ordinance or resolution. The bill would also clarify that a superior court's order 97 SB 594 —2— adopting 2— adopting district boundaries is immediately effective and has the same force and effect as an enacted ordinance or resolution of the legislative body. Existing law requires, after each federal decennial census, the board of directors of certain special districts to adjust their division boundaries so that their divisions are equal in population and in compliance with specified requirements. Existing law also requires certain special districts which elect their board members from or by divisions to adjust their boundaries before November 1 of the year following the year in which each decennial census is taken. This bill would, notwithstanding any other law, require the board of directors of a special district described above to adjust division boundaries not later than 180 days before the district's next regular election occurring after January I in each year ending in the number 2. The bill would make conforming changes. This bill would declare that it is to take effect immediately as an urgency statute. Vote: 2/3. Appropriation: no. Fiscal committee: no. State-mandated local program: no. The people of the State of California do enact as follows: 1 SECTION 1. Section 21500 of the Elections Code is amended 2 to read: 3 21500. (a) Following a county's decision to elect its board 4 using district-based elections,or following each federal decennial 5 census for a county whose board is already elected using 6 district-based elections,the board shall,by ordinance or resolution, 7 adopt boundaries for all of the supervisorial districts of the county 8 so that the supervisorial districts shall be substantially equal in 9 population as required by the United States Constitution. 10 (1) Population equality shall be based on the total population 11 of residents of the county as determined by the most recent federal 12 decennial census for which the redistricting data described in Public 13 Law 94-171 are available. 14 (2) Notwithstanding paragraph (1), an incarcerated person, as 15 that term is used in Section 21003, shall not be counted towards 16 a county's population, except for an incarcerated person whose 17 last known place of residence may be assigned to a census block 18 in the county, if information about the last known place of 97 -3— SB 594 1 residence for incarcerated persons is included in the computerized 2 database for redistricting that is developed in accordance with 3 subdivision(b)of Section 8253 of the Government Code, and that 4 database is made publicly available. 5 (b) The board shall adopt supervisorial district boundaries that 6 comply with the United States Constitution, the California 7 Constitution,and the federal Voting Rights Act of 1965(52 U.S.C. 8 Sec. 10301 et seq.). 9 (c) The board shall adopt supervisorial district boundaries using 10 the following criteria as set forth in the following order of priority: 11 (1) To the extent practicable, supervisorial districts shall be 12 geographically contiguous. Areas that meet only at the points of 13 adjoining corners are not contiguous.Areas that are separated by 14 water and not connected by a bridge,tunnel,or regular ferry service 15 are not contiguous. 16 (2) To the extent practicable, the geographic integrity of any 17 local neighborhood or local community of interest shall be 18 respected in a manner that minimizes its division.A "community 19 of interest"is a population that shares common social or economic 20 interests that should be included within a single supervisorial 21 district for purposes of its effective and fair representation. 22 Communities of interest do not include relationships with political 23 parties, incumbents, or political candidates. 24 (3) To the extent practicable, the geographic integrity of a city 25 or census designated place shall be respected in a manner that 26 minimizes its division. 27 (4) Supervisorial district boundaries should be easily identifiable 28 and understandable by residents. To the extent practicable, 29 supervisorial districts shall be bounded by natural and artificial 30 barriers, by streets, or by the boundaries of the county. 31 (5) To the extent practicable,and where it does not conflict with 32 the preceding criteria in this subdivision, supervisorial districts 33 shall be drawn to encourage geographical compactness in a manner 34 that nearby areas of population are not bypassed in favor of more 35 distant populations. 36 (d) The board shall not adopt supervisorial district boundaries 37 for the purpose of favoring or discriminating against a political 38 party. 97 SB 594 —4- 1 4-1 (e) For purposes of this chapter,"adopt"or"adoption"in regard 2 to supervisorial district boundaries means the passage of an 3 ordinance or resolution specifying those boundaries. 4 SEC. 2. Section 21509 of the Elections Code is amended to 5 read: 6 21509. (a) If the board does not adopt supervisorial district 7 boundaries by the deadlines set forth in Section 21501, the board 8 shall immediately petition the superior court of the county for an 9 order adopting supervisorial district boundaries. If the board does 10 not petition the superior court within five days after the deadline, I I any resident of the county may file that petition and shall be entitled 12 to recover the resident's reasonable attorney's fees and costs from 13 the county for doing so. 14 (b) (1) Upon finding that a petition filed pursuant to subdivision 15 (a) is valid, the superior court shall adopt supervisorial district 16 boundaries in accordance with the criteria set forth in Section 17 21500, which shall be used in the county's next regular election. 18 The superior court may also order the adjustment of electoral 19 deadlines as necessary to implement the new supervisorial district 20 boundaries in the next regular election. 21 (2) The superior court may appoint a special master to assist 22 the court with adopting the supervisorial district boundaries. The 23 county shall pay the cost for the special master and associated 24 costs. 25 (3) The superior court or the special master shall hold one or 26 more public hearings before the superior court adopts the 27 supervisorial district boundaries. 28 (4) Subject to the approval of the superior court, the special 29 master may employ redistricting experts or other consultants or 30 counsel, independent experts in the field of redistricting and 31 computer technology,and other necessary personnel to assist them 32 in their work. In addition, the special master may seek the full 33 cooperation of the county in producing and using whatever data, 34 computer models and programs, and technical assistance that was 35 made available to the board and county personnel who are 36 knowledgeable in the mechanics of drafting redistricting legislation. 37 The superior court may assist the special master in securing the 38 necessary personnel and the physical facilities required for their 39 work, and to prepare for the prompt submission to the county of 97 -5— SB 594 1 a request for county funding for the necessary expenses of the 2 special master and the special master's staff. 3 (5) The supervisorial district boundaries adopted by the superior 4 court shall be immediately effective and shall have the same force 5 and effect as an enacted resolution or ordinance of the board. 6 SEC. 3. Section 21601 of the Elections Code is amended to 7 read: 8 21601. (a) Following a city's decision to elect its council using 9 district-based elections,or following each federal decennial census 10 for a city whose council is already elected using district-based 11 elections, the council shall, by ordinance or resolution, adopt 12 boundaries for all of the council districts of the city so that the 13 council districts shall be substantially equal in population as 14 required by the United States Constitution. 15 (1) Population equality shall be based on the total population 16 of residents of the city as determined by the most recent federal 17 decennial census for which the redistricting data described in Public 18 Law 94-171 are available. 19 (2) Notwithstanding paragraph (1), an incarcerated person as 20 that term is used in Section 21003, shall not be counted towards 21 a city's population, except for an incarcerated person whose last 22 known place of residence may be assigned to a census block in 23 the city, if information about the last known place of residence for 24 incarcerated persons is included in the computerized database for 25 redistricting that is developed in accordance with subdivision (b) 26 of Section 8253 of the Government Code, and that database is 27 made publicly available. 28 (b) The council shall adopt council district boundaries that 29 comply with the United States Constitution, the California 30 Constitution,and the federal Voting Rights Act of 1965(52 U.S.C. 31 Sec. 10301 et seq.). 32 (c) The council shall adopt district boundaries using the 33 following criteria as set forth in the following order of priority: 34 (1) To the extent practicable, council districts shall be 35 geographically contiguous. Areas that meet only at the points of 36 adjoining corners are not contiguous.Areas that are separated by 37 water and not connected by a bridge,tunnel,or regular ferry service 38 are not contiguous. 39 (2) To the extent practicable, the geographic integrity of any 40 local neighborhood or local community of interest shall be 97 SB 594 —6- 1 6-1 respected in a manner that minimizes its division.A"community 2 of interest"is a population that shares common social or economic 3 interests that should be included within a single district for purposes 4 of its effective and fair representation. Communities of interest do 5 not include relationships with political parties, incumbents, or 6 political candidates. 7 (3) Council district boundaries should be easily identifiable and 8 understandable by residents. To the extent practicable, council 9 districts shall be bounded by natural and artificial barriers, by 10 streets, or by the boundaries of the city. 11 (4) To the extent practicable,and where it does not conflict with 12 the preceding criteria in this subdivision, council districts shall be 13 drawn to encourage geographical compactness in a manner that 14 nearby areas of population are not bypassed in favor of more distant 15 populations. 16 (d) The council shall not adopt council district boundaries for 17 the purpose of favoring or discriminating against a political parry. 18 (e) For purposes of this article,"adopt"or"adoption"in regard 19 to council district boundaries means the passage of an ordinance 20 or resolution specifying those boundaries. 21 SEC. 4. Section 21609 of the Elections Code is amended to 22 read: 23 21609. (a) If the council does not adopt council district 24 boundaries by the deadlines set forth in Section 21602,the council 25 shall immediately petition the superior court in the county in which 26 the city is located for an order adopting council district boundaries. 27 If the council does not petition the superior court within five days 28 after the deadline, any resident of the city may file that petition 29 and shall be entitled to recover the resident's reasonable attorney's 30 fees and costs from the city for doing so. 31 (b) (1) Upon finding that a petition filed pursuant to subdivision 32 (a) is valid, the superior court shall adopt council district 33 boundaries in accordance with the criteria set forth in Section 34 21601,which shall be used in the city's next regular election. The 35 superior court may also order the adjustment of electoral deadlines 36 as necessary to implement the new council district boundaries in 37 the next regular election. 38 (2) The superior court may appoint a special master to assist 39 the court with adopting the council district boundaries. The city 40 shall pay the cost for the special master and associated costs. 97 -7— SB 594 1 (3) The superior court or the special master shall hold one or 2 more public hearings before the superior court adopts the council 3 district boundaries. 4 (4) Subject to the approval of the superior court, the special 5 master may employ redistricting experts or other consultants or 6 counsel, independent experts in the field of redistricting and 7 computer technology,and other necessary personnel to assist them 8 in their work. In addition, the special master may seek the full 9 cooperation of the city in producing and using whatever data, 10 computer models and programs, and technical assistance that was 11 made available to the council and city personnel who are 12 knowledgeable in the mechanics of drafting redistricting legislation. 13 The superior court may assist the special master in securing the 14 necessary personnel and the physical facilities required for their 15 work, and to prepare for the prompt submission to the city of a 16 request for city funding for the necessary expenses of the special 17 master and the special master's staff. 18 (5) The council district boundaries adopted by the superior court 19 shall be immediately effective and shall have the same force and 20 effect as an enacted resolution or ordinance of the city council. 21 SEC. 5. Section 21621 of the Elections Code is amended to 22 read: 23 21621. (a) Following a city's decision to elect its council using 24 district-based elections,or following each federal decennial census 25 for a city whose council is already elected using district-based 26 elections, the council shall, by ordinance or resolution, adopt 27 boundaries for all of the council districts of the city so that the 28 council districts shall be substantially equal in population as 29 required by the United States Constitution. 30 (1) Population equality shall be based on the total population 31 of residents of the city as determined by the most recent federal 32 decennial census for which the redistricting data described in Public 33 Law 94-171 are available. 34 (2) Notwithstanding paragraph (1), an incarcerated person, as 35 that term is used in Section 21003, shall not be counted towards 36 a city's population, except for an incarcerated person whose last 37 known place of residence may be assigned to a census block in 38 the city, if information about the last known place of residence for 39 incarcerated persons is included in the computerized database for 40 redistricting that is developed in accordance with subdivision (b) 97 SB 594 —8- 1 8-1 of Section 8253 of the Government Code, and that database is 2 made publicly available. 3 (b) The council shall adopt council district boundaries that 4 comply with the United States Constitution, the California 5 Constitution,and the federal Voting Rights Act of 1965(52 U.S.C. 6 Sec. 10301 et seq.). 7 (c) The council shall adopt district boundaries using the 8 following criteria as set forth in the following order of priority: 9 (1) To the extent practicable, council districts shall be 10 geographically contiguous. Areas that meet only at the points of 11 adjoining corners are not contiguous.Areas that are separated by 12 water and not connected by a bridge,tunnel,or regular ferry service 13 are not contiguous. 14 (2) To the extent practicable, the geographic integrity of any 15 local neighborhood or local community of interest shall be 16 respected in a manner that minimizes its division.A"community 17 of interest"is a population that shares common social or economic 18 interests that should be included within a single district for purposes 19 of its effective and fair representation. Communities of interest do 20 not include relationships with political parties, incumbents, or 21 political candidates. 22 (3) Council district boundaries should be easily identifiable and 23 understandable by residents. To the extent practicable, council 24 districts shall be bounded by natural and artificial barriers, by 25 streets, or by the boundaries of the city. 26 (4) To the extent practicable,and where it does not conflict with 27 the preceding criteria in this subdivision, council districts shall be 28 drawn to encourage geographical compactness in a manner that 29 nearby areas of population are not bypassed in favor of more distant 30 populations. 31 (d) The council shall not adopt council district boundaries for 32 the purpose of favoring or discriminating against a political party. 33 (e) Subdivision (c) does not apply to a charter city that has 34 adopted comprehensive or exclusive redistricting criteria in its city 35 charter. For purposes of this subdivision, "comprehensive or 36 exclusive" means either that the city's charter excludes 37 consideration of redistricting criteria other than those that are 38 identified in the city charter or that the city's charter provides two 39 or more traditional criteria for redistricting other than the 40 requirement that districts be equal in population. 97 -9— SB 594 1 (f) For purposes of this article, "adopt"or"adoption"in regard 2 to council district boundaries means the passage of an ordinance 3 or resolution specifying those boundaries. 4 SEC. 6. Section 21629 of the Elections Code is amended to 5 read: 6 21629. (a) If the council does not adopt council district 7 boundaries by the deadlines set forth in Section 21622,the council 8 shall immediately petition the superior court in the county in which 9 the city is located for an order adopting council district boundaries. 10 If the council does not petition the superior court within five days 11 after the deadline, any resident of the city may file that petition 12 and shall be entitled to recover the resident's reasonable attorney's 13 fees and costs from the city for doing so. 14 (b) (1) Upon finding that a petition filed pursuant to subdivision 15 (a) is valid, the superior court shall adopt council district 16 boundaries in accordance with the criteria set forth in Section 17 21621,which shall be used in the city's next regular election. The 18 superior court may also order the adjustment of electoral deadlines 19 as necessary to implement the new council district boundaries in 20 the next regular election. 21 (2) The superior court may appoint a special master to assist 22 the court with adopting the council district boundaries. The city 23 shall pay the cost for the special master and associated costs. 24 (3) The superior court or the special master shall hold one or 25 more public hearings before the superior court adopts the council 26 district boundaries. 27 (4) Subject to the approval of the superior court, the special 28 master may employ redistricting experts or other consultants or 29 counsel, independent experts in the field of redistricting and 30 computer technology,and other necessary personnel to assist them 31 in their work. In addition, the special master may seek the full 32 cooperation of the city in producing and using whatever data, 33 computer models and programs, and technical assistance that was 34 made available to the council and city personnel who are 35 knowledgeable in the mechanics of drafting redistricting legislation. 36 The superior court may assist the special master in securing the 37 necessary personnel and the physical facilities required for their 38 work, and to prepare for the prompt submission to the city of a 39 request for city funding for the necessary expenses of the special 40 master and the special master's staff. 97 SB 594 —10- 1 (5) The council district boundaries adopted by the superior court 2 shall be immediately effective and shall have the same force and 3 effect as an enacted resolution or ordinance of the city council. 4 (c) This section does not apply to a charter city that has adopted 5 in its city charter a different method for adopting city council 6 district boundaries when a redistricting deadline is missed. 7 SEC. 7. Section 22000.1 is added to the Elections Code, to 8 read: 9 22000.1. Notwithstanding any other law, the board of directors 10 of a district that is required to adjust division boundaries after 11 each federal decennial census shall adopt the adjusted boundaries 12 of the divisions not later than 180 days before the district's next 13 regular election occurring after January I of each year ending in 14 the number two. 15 SEC. 8. Section 22001 of the Elections Code is amended to 16 read: 17 22001. Before adjusting the boundaries of a division pursuant 18 to Section 22000 or 22000.1 or for any other reason,the governing 19 body of the district shall hold at least one public hearing on the 20 proposal to adjust the boundaries of the division prior to the public 21 hearing at which the governing body votes to approve or defeat 22 the proposal. 23 SEC. 9. Section 6592 of the Health and Safety Code is amended 24 to read: 25 6592. In the case of a district board elected by election 26 divisions, the district board shall adjust the boundaries of the 27 election divisions before November 1 of the year follepwing the 28 year in whie following each decennial federal ,.,.....us is `a'-�- 29 census, in accordance with Section 22000.1 of the Elections Code. 30 If at any time between each decennial federal census a change of 31 organization alters the population of the district or the district 32 increases or decreases the number of members of the district board, 33 the district board shall reexamine the boundaries of its election 34 divisions. If the district board finds that the population of any 35 election division has varied so that the divisions no longer meet 36 the criteria specified in subdivision(c)of Section 6591,the district 37 board shall adjust the boundaries of the election divisions so that 38 the divisions shall be as nearly equal in population as possible. 39 The district board shall make this change within 60 days of the 97 -11— SB 594 1 effective date of the change of organization or an increase or 2 decrease in the number of members of the district board. 3 Syte. 7. 4 SEC. 10. This act is an urgency statute necessary for the 5 immediate preservation of the public peace,health,or safety within 6 the meaning of Article IV of the California Constitution and shall 7 go into immediate effect. The facts constituting the necessity are: 8 In order for the changes made by this act to aid 9 eo ies itt cities, counties, and special districts undertaking the 10 redistricting process in 2021,it is necessary that this act take effect 11 immediately. O 97