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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/Pauline Marx – will be absent; notified in advance of meeting
Assessor’s Office – Alissa Pines
Controller’s Office – Peg Stevenson
I . ROLL CALL
II. APPROVAL OF MEETING MINUTES
April 17, 2008 meeting of the State Legislation Committee.
IV. REVIEW OF DEPARTMENT STATE LEGISLATIVE PLANS
The State Legislation Committee Meeting of May 8, 2008, will hear and vote on the following
2008 Department State Legislation Plans: (See attachments under supporting documents link: http://www.sfgov.org/site/slc_meeting.asp?id=23016)
Animal Care & Control
SF County Transportation Authority
Department of Public Health
Department of Children, Youth & Their Families
Office of Economic & Workforce Development
V. PROPOSED LEGISLATION
Office of Economic & Workforce Development
Department of Public Health
Department of Emergency Management
DEPARTMENT OF PUBLIC HEALTH: SUBMITTED BY JIM SOOS, 554-2633
SB 1184 (Kuehl)
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)
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.
SB 1334 (Calderon)
Passed Out of Senate Health & Environmental Quality – To Senate Floor
SB 1334 is sponsored by the major faucet companies and, like SB 651 from last year, is another attempt to delay the phase-out of lead in faucets and weaken AB 1953's tough lead content standard. SB 1334 would require that drinking water plumbing be certified for compliance with AB 1953's provisions by an independent American National Standards Institute (ANSI) accredited third-party, such as NSF International (NSF). AB 1953 virtually eliminates lead from faucets and other drinking water plumbing by requiring a weighted average lead content of the wetted surface area of the pipes, fittings, and fixtures of not more than 0.25 percent. SB 1334 would roll back the definition of "lead-free" to pre-AB 1953 standards of not more than eight percent when used with respect to pipes and pipe fittings, and not more than four percent with respect to plumbing fittings and fixtures.
AB 158 (Ma)
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)
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)
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
Status: pending in Senate Appropriations
Recommended position: Support
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)
Recommended City Position: Oppose Unless Amended
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
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
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
VIII. GENERAL PUBLIC COMMENT
Room 305 of City Hall is located at 1 Dr. Carton B. Goodlett Place, and is wheelchair accessible. The closest accessible BART Station is Civic Center, three blocks from City Hall. Accessible Muni lines serving this location are: #47 Van Ness, and the #71 Haight/Noriega and the F Line to Market and Van Ness, as will as Muni Metro stations at Van Ness and Civic Center. For more information about Muni accessible services, call 923-6142. There is accessible parking at the Civic Center Plaza garage.
Know Your Rights Under the Sunshine Ordinance
Government’s duty is to serve the public, reaching its decisions in full view of the public. Commissions, boards, councils, and other agencies of the City and County exist to conduct the people’s business. This ordinance assures that deliberations are conducted before the people and that City operations are open to the people’s review. For information on your rights under the Sunshine Ordinance (Chapter 67 of the San Francisco Administrative Code) or to report a violation of the ordinance, contact the Donna Hall at Sunshine Ordinance Task Force, 1 Dr. Carlton B. Goodlett Place, Room 244, San Francisco, CA 94102, by phone at 415-554-7724, by fax at 415-554-7854, or email the Sunshine Ordinance Taskforce Administrator at firstname.lastname@example.org. Citizens may obtain a free copy of the Sunshine Ordinance by contacting the Task Force, or by printing Chapter 67 of the San Francisco Administrative Code on the Internet, at www.sfgov.org/sunshine.
Lobbyist Registration and Reporting Requirements
Individuals and entities that influence or attempt to influence local legislative or administrative action may be required by the San Francisco Lobbyist Ordinance (San Francisco Campaign and Governmental Conduct Code Sec. 2.100 –2.160) to register and report lobbying activity. For more information about the Lobbyist Ordinance, please contact the San Francisco Ethics Commission at 30 Van Ness Avenue, Suite 3900, San Francisco, CA 94102; telephone 415-581-2300, fax 415-581-2317, Internet website: www.sfgov.org/ethics.
Cell Phones and Pagers
The ringing and use of cell phones, pagers, and similar sound-producing electronic devises are prohibited at this meeting. Please be advised that the Chair may order the removal from the meeting room of any person(s) responsible for the ringing or use of a cell phone, pager, or other similar sound-producing electronic devices.
Public Comment will be taken on each item.
Documents that may have been provided to members of the State Legislation Committee in connection with the items on the agenda include proposed state legislation, consultant reports, correspondence and reports from City departments, and public correspondence. These may be inspected by contacting Nancy Kirshner-Rodriguez, Director of Government Affairs, Mayor’s Office at: (415) 554-4846.
In order to assist the City’s efforts to accommodate persons with severe allergies, environmental illnesses, multiple chemical sensitivity or related disabilities, attendees at public meetings are reminded that other attendees may be sensitive to various chemical-based products. Please help the City accommodate these individuals.