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April 21, 2010

State Legislation Committee - April 21, 2010

STATE LEGISLATION COMMITTEE

Wednesday, April 21, 2010

3PM

City Hall, Room 288

MEMBERS:

Mayor’s Office (Chair) – Nancy Kirshner-Rodriguez

Supervisor Chiu – David Noyola

Supervisor Alioto-Pier – Bill Barnes

City Attorney’s Office – MaryJane Winslow

Treasurer’s Office – David Augustine

Assessor’s Office – Kevin Alin

Controller’s Office – Leo Levenson

AGENDA

I . ROLL CALL

II. APPROVAL OF MEETING MINUTES

Action Item: the Committee will vote to approve the minutes of the March 25, 2010 meeting of the State Legislation Committee.

III. UPDATES FROM SACRAMENTO

IV. PROPOSED LEGISLATION

Discussion item: the Committee will review and discuss state legislation affecting the City and County of San Francisco

Human Services Agency

Noelle Simmons

AB 1642 (Beall) CalWORKs and Food Stamp programs: reporting.

This bill seeks to simplify the reporting process for CalWORKs and Food Stamps by implementing a permanent semiannual reporting process no later than January 1, 2012. Under the bill, CalWORKs recipients would still be required to undergo annual eligibility redeterminations. AB 1642 would allow counties to implement prospective determination grant amounts and authorizes staggered semiannual reporting deadlines, both of which will also help save on county administrative costs. AB 1642 would also implement a new CalWORKs monthly income threshold for a family of three to three-quarters of the Federal Poverty Level, plus the amount of income last used to calculate the recipient’s monthly benefits.

These changes would reduce the administrative burden on counties, align CalWORKs and Food Stamps with Medi-Cal program requirements, and reduce the number of clients who fall off of aid due to the failure to submit reports in timely fashion.

Currently, this bill has been re-refer to Assembly Appropriations Committee.

Recommended Action: Support

SB 1084 (Liu) California Economic Security Task Force.

This bill would create a two-year, time-limited task force with diverse representation, including a representative of county human services agencies, to inventory programs designed to reduce poverty, make recommendations regarding steps to increase the economic security of Californians by 50 percent by 2020, and to develop a plan for an ongoing, sustainable commission on poverty.

Currently, this bill has been amended and re-referred to Senate Rules Committee.

Recommended Action: Support

Mayor’s Office

Nancy Kirshner-Rodriguez

SB 1210 (Florez) Taxation: sweetened beverage tax

This bill would impose a tax upon every sweetened beverage manufacturer, concentrate manufacturer, or other person who makes the first sale in this state of a sweetened beverage or concentrate of a rate of $0.01 per teaspoon of sugar placed into the sweetened beverage or equivalent amount of concentrate. The revenues collected from this tax would be deposited in the Childhood Obesity Fund, which the bill would create, for appropriation by the Legislature. This bill would result in a change in state taxes for the purpose of increasing state revenues within the meaning of Section 3 of Article XIII A of the California Constitution, and thus would require for passage the approval of 2/3 of the membership of each house of the Legislature.

Recommended Action: Support

SB 1212 (Leno) Cell phones: specific absorption rate disclosure

Existing law regulates the labeling requirements for various consumer products. This bill would require specific language relating to the specific absorption rate, as defined, to be included at the point of sale, on the exterior packaging, and in the instruction manuals of cellular telephone devices, as defined, that are sold in the State of California.

Recommended Action: Support

SB 1470 (Leno) Outdoor advertising.

The Outdoor Advertising Act regulates placement of advertising displays adjacent to and within specified distances of highways that are part of the national system of interstate and defense highways and federal-aid highways. The act provides that lawfully erected advertising displays include displays that were erected in compliance with state laws and local ordinances in effect at the time of their erection or displays that were subsequently brought into full compliance with state laws and local ordinances. The act provides that an advertising display whose use is modified after erection in a manner that causes it to become illegal is not a lawfully erected display. The act requires compensation to be paid to the owner of a lawfully erected advertising display if the display is compelled to be removed or its customary maintenance or use is limited, except as specified.

This bill would additionally provide that an advertising display whose height, orientation, size, or technology is modified after erection in a manner that causes it to become illegal is not a lawfully erected display. The bill would provide that a lawfully erected advertising display includes displays that were subsequently brought into, and maintained in, full compliance with state laws, local ordinances, and local building permit requirements. The bill would authorize a civil action for disgorgement of specified revenues against the owner, and any person working in concert with the owner, of a display that is not lawfully erected or that is subsequently altered in violation of any state law, local ordinance, or local building permit requirement. The bill would also make an owner of those displays liable for a civil penalty up to $2,500 for each day the violation continues. The bill would require moneys collected pursuant to these provisions to be paid to the General Fund or to the treasurer of the city or county where a judgment is entered and to the General Fund, as specified. Set for hearing April 13 in Senate Transportation and Housing Committee. Similar SB 690 from previous session.

Recommended Action: Support

Department of Emergency Management

Amiee Albertson Alden

SB 2456 (Torrico) Emergency medical services: regulation.

Existing law, the Emergency Medical Services System and the Prehospital Emergency Medical Care Personnel Act, authorizes each county to designate an emergency medical services (EMS) agency, for the establishment and administration of an emergency medical services program in the county. Existing law also establishes the Emergency Medical Services Authority (EMSA), which, among other things, adopts regulations governing the provision of emergency medical services. Violation of these provisions is a crime. This bill would specify that the guidelines of the authority shall include model policies, procedures, and treatment protocols applicable to all emergency medical technician personnel, as defined, and the respective licensure and certification requirements, as specified. It would require the local EMS agencies to adhere to the guidelines developed by the authority when establishing local policies and procedures required by statute or regulation. The bill would provide that any additional policies, procedures, and treatment protocols implemented by a local EMS agency that are not in accordance with the EMSA guidelines are subject to approval by the Director of the EMSA and the Emergency Medical Services Commission, as specified, prior to implementation. By requiring that the local entities comply with these requirements, and by changing the definition of an existing crime, this bill would impose a state-mandated local program. Currently, the bill is in Assembly Health Committee.

Recommended Action: Oppose

Municipal Transportation Agency

Kate Breen

AB 2729 (Ammiano) Vehicles: automated traffic enforcement system: City and County of San Francisco.

This bill would authorize photo enforcement of illegal right turns at Market and Octavia. This proposal was previously supported by San Francisco when it was introduced in the last session as AB 23 (Ma) and is aimed at enhancing safety for bicyclists at this particular intersection.

Recommended Action: Sponsor

AB 2567 (Bradford) Vehicles: parking violations: digital photograph recordings.

Existing law authorizes the City and County of San Francisco, until January 1, 2012, to enforce parking violations in specified transit-only traffic lanes through the use of video image evidence. This bill would authorize a local public agency to install and operate an automated parking enforcement system on local public agency-owned or local public agency-operated streetsweepers for the purpose of digital photographing of street-sweeping parking violations occurring in street-sweeping parking lanes during the designated hours of street-sweeping operations, except when the vehicle is parked in a street-sweeping parking lane during the designated hours of street-sweeping operations after the street has already been cleaned. The bill would require the local public agency, at least 30 days prior to issuing notice of parking violations under these provisions, to make a public announcement of the automated parking enforcement system and to issue only warning notices during this 30-day period. The bill would require a designated employee, who is qualified by the local public agency, to review the digital photograph recordings for determining whether these parking violations had occurred and to issue a notice of a parking violation to the registered owner within 15 days of the violation pursuant to a specified procedure. The digital photograph records would be confidential and would be available only to public agencies to enforce parking violations. The bill would require, by January 1, 2015, a local public agency that utilizes an automated parking enforcement system pursuant to these provisions to collect and report specified data to the Senate and Assembly Committees on Judiciary and the Assembly Committee on Transportation.

Currently, the bill is on the Assembly Floor for a third reading on April 19.

Recommended Action: Support

SB 1320 (Hancock) Transit fare evasion and passenger misconduct: administrative adjudication.

Existing law provides that it is an infraction, punishable by a fine not to exceed $250 and by specified community service, to evade the payment of any fare of, or to engage in passenger misconduct on or in a facility or vehicle of a public transportation system. Existing law authorizes the City and County of San Francisco and the Los Angeles County Metropolitan Transportation Authority to adopt and enforce an ordinance to impose and enforce civil administrative penalties for fare evasion or passenger misconduct, other than by minors, on or in a transit facility or vehicle in lieu of the criminal penalties, with specified administrative adjudication procedures for the imposition and enforcement of the administrative penalties. Fare evasion and passenger misconduct violation penalties are deposited in the general fund of the City and County of San Francisco or the County of Los Angeles, as applicable.

This bill would authorize the Alameda-Contra Costa Transit District to adopt and enforce a similar administrative adjudication ordinance. Fare evasion and passenger misconduct violation penalties

would be deposited in the general fund of the district.

Recommended Action: Support

Mayor’s Office of Disability

Susan Mizner

AB 2702 (Chesbro) Developmental services: planning teams.

Existing law, the California Early Intervention Services Act, provides a statewide system of coordinated, comprehensive, family-centered, multidisciplinary, and interagency programs that are responsible for providing appropriate early intervention services and support to all eligible infants and toddlers, as defined, and their families and requires an eligible infant or toddler receiving services under the act to have an individualized family service plan (IFSP). Under existing law, the Lanterman Developmental Disabilities Services Act, the State Department of Developmental Services is responsible for providing various services and supports to individuals with developmental disabilities, and for ensuring the appropriateness and quality of those services and supports. Under existing law, the department contracts with regional centers to provide services and supports to persons with developmental disabilities. The services and supports to be provided to a regional center consumer are contained in an individual program plan (IPP), developed in accordance with prescribed requirements. Under existing law, development and monitoring of IFSPs and IPPs is done by planning teams, as defined, that include specified participants. This bill would require a regional center to ensure, at the time of the development, scheduled review, or modification of an IFSP or IPP, that the plan is made pursuant to the relevant statute.

Currently, the bill is in Assembly Appropriations.

Recommended Action: Support

Department of Public Health

Jim Soos

SB 1091(Hancock) Medi-Cal: Individuals in County Juvenile Detention Facilities.

San Francisco should support SB 1091 (Hancock). SB 1091 would, subject to the receipt of federal financial participation (FFP), make individuals awaiting adjudication in county juvenile detention facilities eligible for Medi-Cal benefits if the individual is receiving Medi-Cal benefits at the time he or she is admitted to the detention facility, or the individual is subsequently determined to be eligible for

Medi-Cal benefits, and the county agrees to pay the non-federal share of Medi-Cal expenditures and the state’s administrative costs through an intergovernmental transfer.

Recommended Action: Support

Public Utilities Commission

Nathan Purkiss

AB 1824 (Monning) Hazardous materials: toxic chemicals: sewage systems.

The Hazardous Waste Control Law prohibits the use of a nonbiodegradable toxic chemical in a chemical toilet, recreational vehicle, or waste facility of a vessel and the sale of a nonbiodegradable toxic chemical in a container indicating that the chemical could be used in a chemical toilet, waste facility of a recreational vehicle, or waste facility of a vessel. This bill would additionally prohibit the use and sale of a chemical that is detrimental to a sewage disposal system for those purposes. The bill would list those chemicals that are detrimental to a sewage disposal system and would authorize the department to adopt regulations that identify additional chemicals determined to be detrimental to a sewage disposal system

Currently, the bill is in Assembly Appropriations.

Recommended Action: Support

AB 1929 (Hall) Invasive aquatic species: mussels.

Existing law, until January 1, 2012, generally prohibits a person from possessing, importing, shipping, or transporting in the state, or from placing, planting, or causing to be placed or planted in any water within the state, dreissenid mussels, and authorizes the Director of Fish and Game or his or her designee to engage in various enforcement activities. Existing law exempts a public or private agency that operates a water supply system from those enforcement activities, if the operator of the facilities has prepared and implemented a prescribed plan to control or eradicate dreissenid mussels.

This bill would provide that an operator of water delivery and storage facilities, who has prepared, initiated, and is in compliance with a plan to control and eradicate dreissenid mussels in accordance with the above existing provisions of law, would not be subject to any civil or criminal liability for the introduction of dreissenid mussel species as a result of operations of those facilities. The bill would provide that neither the director's enforcement activities, nor the prohibition on a person possessing, importing, shipping, or transporting dreissenid mussels in the state would apply to an operator who has prepared, initiated, and is in compliance with a plan to control and eradicate dreissenid mussels, unless the department had required the operator to update its plan and the operator failed to do so.

Currently, the bill is on the Assembly Floor.

Recommended Action: Support

AB 2256 (Huffman) Product labeling: flushable products.

This bill would prohibit, on or after January 1, 2012, a person from packaging or labeling a consumer product for distribution or sale in California if that product is contained in a package, or has an affixed label, that states that the product is flushable, sewer and septic safe, or other like term or phrase unless the product meets specified criteria. The bill would require a person who has packaged or labeled a product for distribution or sale in California that is labeled as flushable, sewer and septic safe, or other like term or phrase, to maintain, in written form, documentation of the testing substantiating the validity of the claim. The bill would exempt certain retailers and wholesalers from these provisions. The bill would make violation of this provision punishable by a fine of up to $2,500.

Currently, the bill is at the Assembly Business, Professions and Consumer Protection Committee.

Recommended Action: Support

SB 1107 (Kehoe) Water quality: interceptor and trap grease.

This bill would enact the Interceptor and Trap Grease Transportation Act of 2010. The bill, on and after January 1, 2012, would prohibit any person or entity from engaging in the transportation of interceptor and trap grease, unless that person or entity is registered with, and possesses a valid registration certificate issued by, the state board. The bill would require the state board to impose a registration fee sufficient to cover the costs of implementing the act. The bill would require the state board to deposit all revenues from the registration fee in the Interceptor and Trap Grease Fund, which the bill would establish. The bill would authorize the board to expend moneys in the fund to implement the act, subject to appropriation for that purpose. The bill would define "interceptor and trap grease" to mean grease that is principally derived from food preparation, processing, or waste, and that is removed from a grease trap or grease interceptor.

Currently, the bill is at the Senate Environmental Quality Committee, set for April 19 hearing.

Recommended Action: Support

V. GENERAL PUBLIC COMMENT

Discussion item: members of the public may address the Committee on items of interest that are within the Committee’s subject matter jurisdiction.

VI. ADJOURNMENT

Disability Access

Room 421 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 sotf@sfgov.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.htm.

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

Public Comment will be taken on each item.

Document Review

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.

Health Considerations

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.

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