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State Legislation Committee
May 8, 2008
City Hall, Room 288
Mayor’s Office (Chair) – Nancy Kirshner-Rodriguez
Supervisor Peskin – David Noyola
Supervisor Alioto-Pier – Catherine Stefani
City Attorney’s Office – MaryJane Winslow
Treasurer’s Office – David Augustine
Assessor’s Office – Alissa Pines
I . ROLL CALL – All members present
II. APPROVAL OF MEETING MINUTES
The Committee approved the minutes of the April 17, 2008 meeting of the State Legislation Committee.
III. REVIEW OFDEPARTMENT STATE LEGISLATIVE PLANS
The Committee voted to take the recommended City position for the following Department State Legislative Plan affecting the City and County of San Francisco, at the May 8, 2008 State Legislation Committee.
Tabled State Plan for Animal Care and Control and the SF County Transportation Authority.
(See attachments under Supporting Documents link of the State Legislation Committee: http://www.sfgov.org/site/slc_meeting.asp?id=23016)
A. Animal Care & Control – Tabled for next meeting for revision, no representative present; Trisha Prashad will schedule a meeting with Nancy Kirshner-Rodriguez and Director of Animal Care & Control, Carl Friedman, to discuss Dept. State Plan
B. SF County Transportation Authority – Tabled consideration for any official position; any bills from MTA & TA will have representatives from each agency present at the State Legislation Committee
C. Department of Public Health – Support: All in favor
D. Department of Children, Youth & their Families – Support: All in favor; good model for Dept. State plan
E. Office of Economic & Workforce Development – Support: All in favor
IV. PROPOSED LEGISLATION
The Committee voted to take the recommended City position for the following Bills affecting the City and County of San Francisco, at the April 17, 2008 State Legislation Committee:
(Lynn Suter, Suter & Associates, has been notified of the status of these Bills)
B. Office of Economic & Workforce Development
C. Department of Emergency Management
E. City Attorney
DEPARTMENT OF PUBLIC HEALTH: SUBMITTED BY JIM SOOS, 554-2633
SB 1184 (Kuehl)
Supported: All in favor
In Assembly – No Hearing Scheduled
This bill would require clinical labs to report all CD4 count test results to the Local Health Officer (LHO) within seven days of the completion of the test, including the name, date of birth, and gender of the patient. If the test is related to a case of HIV infection, the LHO would be required to report the case to the California Department of Public Health within 45 days of receipt. Names-based CD4 reporting would provide a more accurate count of California's HIV/AIDS cases and generate additional federal Ryan White Treatment and Modernization Act funding. In 2005, California made names-based reporting for HIV antibody and viral load testing mandatory, and reporting of CD4 testing for HIV related cases will provide a more complete count of HIV cases for purposes of Ryan White funding and a more complete epidemiologic picture of the epidemic.
SB 1420 (Padilla)
In Senate Appropriations – No Hearing Scheduled
This bill would require each food facility with 14 or more outlets in the state to make nutritional information available to consumers for all standard menu items. The nutritional information required would include total calories, saturated fat, trans fat, carbohydrates and sodium. Because Americans are increasingly relying on restaurants for their meals, it is important that nutrition information be available at the point of purchase in order that consumers may make an informed decision. The bill would exempt certified farmers' markets, commissaries, licensed health care facilities, public and private school cafeterias, vending machines, and grocery stores.
AB 2572 (Parra)
Tabled: All in favor
In Assembly – Suspense File
This bill would require each food facility with 20 or more outlets in the state to make nutritional information available to consumers for all standard menu items. The nutritional information required would include total calories, saturated fat, trans fat, carbohydrates and sodium unless the covered food facility provides the total number of calories per standard food item and provides that information in a size and typeface similar to other information on the printed menu or on the menu board next to each standard menu item on the printed menu or menu board, in which case the facility would be exempt from providing any additional nutritional information. This bill would also exempt certified farmers' markets, commissaries, licensed health care facilities, public and private school cafeterias, vending machines, and grocery stores. The bill also prohibits local government from regulating restaurant nutritional information disclosure and voids any existing ordinances or regulations.
AB 158 (Ma)
Supported: All in favor
In Senate Health – No Hearing Scheduled
AB 158 establishes a new Medi-Cal eligibility category for non-disabled persons with chronic hepatitis B virus infection (CHBV) contingent on federal approval and federal financial participation (FFP). Currently individuals who meet Medi-Cal financial eligibility and suffer from CHBV must wait until they are disabled before qualifying for Medi-Cal. Early treatment of CHBV can reduce the risk of progression to liver disease and liver cancer, and AB 158 recognizes the cost savings of early treatment.
OFFICE OF ECONOMIC & WORKFORCE DEVELOPMENT, SUBMITTED BY KYRI McCLELLAN, 554-6123
AB 2705 (Jones)
Supported: All in favor
Expands the services that may be financed with Mello-Roos special taxes to include public transit services, including operational expenses and maintenance of public transit equipment. And authorizes a community facilities district (CFD) to finance facilities for public transit. This bill may be a useful for CCSF projects that need additional tools to finance new or enhanced public transit.
AB XXXX (Leno)
Tabled: Peg Stevenson to discuss with Eileen Malley
Note - this bill was introduced this session as AB 2646, but the author needed that vehicle for another purpose and we are without a bill number at this time. I expect we'll have a new vehicle by the first week in June.
Enables the San Francisco Board of Supervisors to create the Treasure Island Transportation Management Agency (TITMA), a single-purpose entity with flexible powers to implement the innovative and sustainable transportation program. This bill this the evolution of AB 1543 (which the legislature passed last year). It authorizes the TITMA with 2/3s approval of both the Board of Supervisors and the SFCTA to implement a demonstration congestion pricing program for Treasure Island. Congestion pricing would limit the amount of Treasure Island–generated automobile traffic on the Bay Bridge; discourage driving and encourage the use of transit; and generate a revenue source to subsidize transit operations serving the Island.
DEPARTMENT OF EMERGENCY MANAGEMENT, SUBMITTED BY AMIEE ALBERTSON ALDEN, 558-3803
AB 38 (Nava): to combine the State Office of Emergency Services with the State Office of Homeland Security
Supported: All in favor
Status: pending in Senate Appropriations
This bill will improve statewide disaster management by combining these two state agencies, which have somewhat overlapping roles. The City and County of San Francisco currently works closely with both agencies. DEM predicts a smoother and more effective working relationship with the state on disaster managment issues if there is just one agency to work with.
DTIS SUBMITTED BY BARRY FRASER, 581-3976
SB 1252 (Padilla)
Opposed: All in favor
This bill would allow a wireless telecommunications carrier, whose wireless equipment has been damaged by the conditions of a declared emergency, to enter any public property to repair the damaged equipment or to install temporary wireless equipment or facilities, without securing otherwise required permits. The carrier's only requirement prior to entry would be to notify the local emergency operations center and local governmental permitting agency, neither of which would have the authority to prevent the encroachment. The carrier would then apply for a permit at a specified time after the work has begun.
While granting some emergency repair rights to wireless carriers is desirable, SB 1252 goes too far. First, the bill authorizes entry onto any City property without limitation. Second, it grants wireless carriers broad authority to install entirely new equipment or facilities, so long as they are "temporary." However, there are no specified time limits or other restrictions placed on the temporary facilities, and no requirement that the new equipment be located anywhere near the damaged equipment.
CITY ATTORNEY: SUBMITTED BY: MARY JANE WINSLOW, 554-4276
AB 983(Ma) Public contracts: public entities liability
Opposed: All in favor
AB 983(Ma) would create new liabilities for public entities. This bill would make public entities strictly liable for any error or omission in plans and specifications.
SB 1642 (Yee) Public contracts: dispute resolution
Opposed; 1 abstention
SB 1642 allows a public work contractor to select mediation as a method of dispute resolution without the consent of the public entity. This bill requires binding arbitration to resolve public work disputes when the parties cannot agree on a mediator. It removes public work disputes from the justice system and mandates a private, sole source entity -- the American Arbitration Association -- to decide entitlement to taxpayer dollars, including attorney’s fees.
VI. SET REGULAR SCHEDULE FOR FUTURE COMMITTEE MEETINGS
VII. SUGGESTIONS FOR FUTURE AGENDA ITEMS
IX. GENERAL PUBLIC COMMENT
No public comment