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State Legislation Committee - April 9, 2014 - Meeting Minutes

State Legislation Committee - April 9, 2014

MINUTES - STATE LEGISLATION COMMITTEE
Wednesday, April 9, 2014
11:00am – 1pm
City Hall, Room 201

 

MEMBERS:
Mayor’s Office (Chair) – Jason Elliott (Tamsen Drew)
Supervisor Chiu – Judson True
Supervisor Farrell – Jess Montejano
City Attorney’s Office – MaryJane Winslow
Treasurer’s Office – Greg Kato
Assessor’s Office – Trisha Prashad (Edward McCaffrey)
Controller’s Office – Michelle Allersma (Drew Murrell/James Whitaker)

 

AGENDA

I. ROLL CALL

 

          Present: Elliot; True; Montejano, Winslow, Kato, Whitaker

          Absent: Prashad

 

II. APPROVAL OF MINUTES FROM 3-12-2014 (Action Item)

 

          Public Comment: None.

          Motion to Approve: True

          Seconded by: Winslow

          Motion passes: 6-0

 

III. PROPOSED LEGISLATION (Discussion and Action)

Discussion and possible action item: the Committee with review and discuss state legislation affecting the City and County of San Francisco. Items are listed by Department, then by bill number.

 

MAYOR

 

  1. AB 1951 (Gomez): Birth Certificates

Recommended Position: Support

AB 1951 would require the Department of Public Health to modify birth certificates to recognize samesex couples. This bill would allow birth certificates to reflect two mothers and two fathers, as well as a gender-neutral parent option.

 

 

Public Comment: None.

Motion to support AB 1951: Winslow

Seconded by: Kato

Motion passes: 6-0

 

  1. AB 1609 (Alejo): Enforcement of Interstate Gun Trafficking Laws

Recommended Position: Support

AB 1609 brings state law in line with federal law by authorizing state and local law enforcement agencies to prosecute individuals who bring firearms into the state illegally.  Specifically, the bill clarifies that it is a state law violation for a resident of California to bring a gun into the state without going through a licensed dealer.

 

Public Comment: None.

Motion to support AB 1609: Montejano

Seconded by: Winslow

Motion passes: 6-0

 

  1. SB 1404 (Leno): Replacement Housing Obligation

Recommended Position: Sponsor

SB 1404 will provide a remedy for the destruction of low- and moderate-income housing units during urban renewal (1955-1975) that were never replaced. Specifically, the bill will provide a narrow and tailored funding source to use to address the loss of 5,947 units that have not been replaced through a limited continuance of specific tax increment financing powers to fulfill the responsibility to replace the destroyed housing units.  

 

Public Comment: None.

Motion to sponsor SB 1404: Montejano

Seconded by: Whitaker

Motion passes: 6-0

 

 

ADULT PROBATION

 

  1. AB 2526 (Gonzalez): Community Corrections Program

Recommended Position: Oppose

This bill would require adding positions to the Community Corrections Partnership committee, specifically, a rank-and-file deputy sheriff or a rank-and-file police officer and a rank-and-file probation officer or a deputy probation officer, to be appointed by a local labor organization. The bill would require the vote of the rank-and-file deputy sheriff or rank-and-file police officer and a rank-and-file probation officer or deputy probation officer on the local plan.

 

Public Comment: None.

Motion to watch AB 2526: Montejano

Seconded by: True

Motion passes: 6-0

 

 

DISTRICT ATTORNEY’S OFFICE

 

  1. AB 2487 (Wagner): Copies of Transcripts

Recommended Position: Oppose

Existing law requires the testimony of each witness in cases of homicide to be reduced to writing, as specified. In cases other than homicide cases, existing law requires the testimony of each witness be reduced to writing, as specified, at the request of either the defendant or the prosecution. Existing law authorizes the magistrate before whom the examination of a witness is had to order that the testimony and proceedings be taken down in shorthand, and to appoint a shorthand reporter for that purpose This bill would instead require the reporter to transcribe his or her shorthand notes within 10 days following the close of examination, making originals and copies available, as specified, when a defendant is charged with homicide. In all other cases, the bill would require the reporter to transcribe his or her shorthand notes at the request of the defendant or the prosecution, within 10 days following that request, making originals and copies available, as specified.

 

Public Comment: None.

Motion to continue item to the call of the chair: Montejano

Seconded by: True

Motion passes: 6-0

 

 

DEPARTMENT OF THE ENVIRONMENT

 

  1. AB 1504 (Stone): Cigarettes: Single Use Filters

Recommended Position: Support

The bill would prohibit a person or entity from selling, giving, or in any way furnishing to another person of any age in this state a cigarette utilizing a single-use filter made of any material, including cellulose acetate, or other fibrous plastic material, and any organic or biodegradable material. The bill would prohibit that selling, giving, or furnishing, whether conducted directly or indirectly through an in-person transaction or by means of any public or private method of shipment or delivery to an address in this state.

 

Public Comment: None.

Motion to watch AB 1504: Montejano

Seconded by: Kato

Motion passes: 6-0

 

 

  1. AB 1594 (Williams): Solid Waste: Recycling: Green Material

Recommended Position: Support

AB 1594 will eliminate a loophole in state law that allows some yard trimmings (green material) that are used as alternative daily landfill cover (ADC) to count as being “diverted” from landfills or “recycled”. This state law virtually subsidizes the landfilling of this valuable material and is a major disincentive for recycling organics.

 

Public Comment: None.

Motion to support AB 1594: Montejano

Seconded by: Kato

Motion passes: 6-0

 

 

  1. AB 1826 (Chesbro): Solid Waste: Organic Waste

Recommended Position: Support

This bill would require a business that generates a specified amount of organic waste per week to arrange for recycling services for that organic waste in a specified manner. The bill would decrease the amount of organic waste under which a business would be subject to those requirements from 8 cubic yards or more during 2016 to 4 cubic yards during 2017 and 2018 and to one cubic yard or more on and after January 1, 2019.

 

Public Comment: None.

Motion to support AB 1826: True

Seconded by: Kato

Motion passes: 6-0

 

 

  1. SB 270 (Padilla): Single Use Carryout Bags

Recommended Position: Support with Amendments:

  1. Do not require a governing local authority vote for allowing compostable bags as this places an unreasonable and unnecessary burden.
  2. Provide that $2 million for manufacturers of reusable plastic bags not be pulled from RMDZ fund if possible and to also be available for compostable bag manufacturers to help increase the availability and affordability of compostable bags.
  3. Phase in all stores as San Francisco has successfully done to increase the environmental benefit of this legislation.

This bill, as of July 1, 2015, would prohibit stores that have a specified amount of sales in dollars or retail floor space from providing a single-use carryout bag to a customer, with specified exceptions

 

Public Comment: None.

Motion to support and seek amendments of SB 270: True

Seconded by: Montejano

Motion passes: 6-0

 

 

  1. AB 2402 (Buchanan): Noxious Weed Management.

Recommended Position: Support

This bill would revise the allocation of the Noxious Weed Management Account, and would also revise the purposes for which the percentage of funds allocated for research may be used to include mapping, risk assessment, and prioritization of weeds. The bill would specify that the funds made available for the control and abatement of noxious and invasive weeds shall be made available through a grant program administered by the department, as specified.

 

Public Comment: None.

Motion to support AB 2402: True

Seconded by: Montejano

Motion passes: 6-0

 

 

DEPARTMENT OF HUMAN RESOURCES

 

  1. AB 2126 (Bonta): Meyers-Milias-Brown Act

Recommended Position: Oppose

The Meyers-Milias-Brown Act requires the governing body of a local public agency to meet and confer in good faith regarding wages, hours, and other terms and conditions of employment with representatives of a recognized employee organization. This bill overturns the court decisions related to fact finding and provides that fact finding can be requested on any dispute over any matter within the scope of representation where there is an obligation to meet and confer. This bill would also permit either party to request mediation and would require the parties to agree upon a mediator. If the parties cannot agree upon a mediator, the bill would authorize either party to request the board to appoint a mediator. The bill would require the board to appoint a mediator within 5 days after receipt of the party's request, as prescribed.

 

Public Comment: None.

Motion to oppose AB 2126: Kato

Seconded by: Whitaker

Motion passes: 5-0; True abstains.

 

 

HUMAN SERVICES AGENCY

 

Public Comment on items a - c: None.

Motion to support AB 1502, AB 2025 and AB 2591: Montejano

Seconded by: Kato

Motion passes: 6-0

 

  1. AB 1502 (Mullin): CalWORKS

Recommended Position: Support

Current law prohibits a two-parent family from qualifying for CalWORKs assistance if either parent is working over 100 hours a month, regardless of the household income. The so-called “100 Hour Rule” assumes that a family employed for over 100 hours per month will have earnings above the maximum income eligibility threshold, but in reality this is not the case. Many families working 100 hours or even more would still qualify for this safety net program absent this arbitrary rule. AB 1502 would eliminate the 100 Hour Rule. The bill also makes all relative caregivers seeking assistance through the CalWORKs program exempt from work participation requirements.

 

 

 

  1. AB 2025 (Dickinson): Medi-Cal Program for Aged & Disabled Persons

Recommended Position: Support if amended

The Medi-Cal Aged & Disabled (A&D) Program provides free health coverage to seniors age 65+ and persons disabilities whose incomes are at or below 100% of the Federal Poverty Level (FPL), after application of an income disregard equal to $230 for an individual or $310 for a couple. Factoring in the disregard, the maximum allowable income for the A&D Program is 124% of FPL.

 

When the income of an individual in the A&D Program increases by even $1 over the income standard, they become ineligible and must move into a Med-Cal share of cost program. The share of cost is often sizable, resulting in a sharp loss of income for the elderly or disabled beneficiary. This bill would increase the income disregards for the Aged & Disabled Medi-Cal Program to $369 for individuals and $468 for couples, and would require that those amounts be adjusted annually.

 

  1. AB 2591 (Weber): Homeless Youth Basic Material Needs Assistance Program.

Recommended Position: Support

AB 2591 creates the Homeless Youth Basic Material Needs Assistance Program. Funds appropriated by the State Legislature for this program would be allocated to counties in proportion to the number of homeless youth in each county. Counties could elect to administer the program themselves through a contract with a nonprofit organization, or to have the state administer the program on the county’s behalf. Contracted nonprofits would be required to partner with local education agencies, to distribute school as well as dental and hygienic supplies to homeless youth, and in some instances to consult with the local First Five Commission.

 

PLANNING DEPARTMENT

 

Public Comment on items a-d: None.

Motion to support AB  1999, AB 1125 and SB 1451; and Support and seek amendments to AB 2516: True

Seconded by: Whitaker

Motion passes: 6-0

 

  1. AB 1999 (Atkins): Personal Income & Corporation Tax Credits: Rehabilitation

Recommended Position: Support

This bill would allow a credit against those taxes for each taxable year beginning on or after January 1, 2015, and before January 1, 2026, in an amount, determined pursuant to a specified section of the Internal Revenue Code, that is paid or incurred during the taxable year for rehabilitation of certified historic structures. This bill would provide for a 25% credit, or 30% credit if the structure meets specified criteria, for rehabilitation of a certified historic structure within the state.

 

  1. AB 2516 (Gordon): Sea Level Rise Planning

Recommended Position: Support is amended

  1. Require quarterly instead of monthly reporting by entities such as the SF Port.
  2. Clarify as to whether Section 30964(e) refers to Caltrans of local Departments of Transportation in coastal zones and SF Bay Area. 

The bill would require the Natural Resource Agency to create, update monthly, and post on its website a Planning for Sea Level Rise Database describing steps being taken throughout the state to prepare for, and adapt to, sea level rise.  The bill would require various public and private entities such as SF Port, to provide by July 1, 2015 and on a monthly bases thereafter, information to the Natural Resources Agency to be included in the database, including descriptions of projects that address or prepare for sea level rise that are within the entity’s control of jurisdiction. The database would be organized by geographic region and provide an entry for each city, county, and city and county within the coastal zone and San Francisco Bay Area.   

 

  1. SB 1125 (Pavley & Lara): Greenhouse Gas Reduction

Recommended Position: Support

SB 1125 would require the Air Resources Board to prepare a report by January 1, 2016 that contains recommendations on a timetable of reduction targets of GHG emissions and short-lived climate pollutants with high global warming potential beyond 2020.  In developing the timetable of reduction targets, the ARB shall consider emission reduction trajectories that:

  1. Mitigate medium- and long-term risks of global climate change and associated adverse impacts on health, safety, and welfare. 
  2. Mitigate effects to disadvantaged communities by reducing short-lived climate pollutants; and
  3. Advances the state’s economic competitiveness by minimizing leakage and stimulating innovation. 

 

  1. SB 1451 (Hill): Environmental Quality: Mitigation Measures

Recommended Position: Support

This bill would require the Secretary of Natural Resources Agency (on or before 1/1/2016) to prepare a report on the types and effectiveness of a representative sample of mitigation measures adopted by state and local agencies.  This report would be produced on an annual basis.                    

 

PUBLIC UTILITIES COMMISSION:

 

  1. SB 1345 (Committee): Natural Resources

Recommended Position: Support

SB 1345 would extend the repeal date of the Wholesale Regional Water System Security and Reliability Act (2004) from January 1, 2015 to January 1, 2022. This bill would ensure thorough state oversight over critical improvements to the San Francisco Public Utilities Commission’s (SFPUC) regional water system.

 

Public Comment: None.

Motion to support SB 1345: Montejano

Seconded by: True

Motion passes: 6-0

 

 

RECREATION AND PARKS DEPARTMENT

 

  1. SB 1086 (De Leon): The Safe Neighborhood Parks, Rivers, and Coastal Protection Bond Act of 2014.

Recommended Position: Support

This Bill would enact the Safe Neighborhood Parks, Rivers and Coastal Protection Bond Act of 2014, which, if adopted by voters, would authorize the issuance of a to-be-determined amount of State General Obligation Bonds. The proceeds will be used to finance the creation of local, state, and regional parks. In addition, proceeds may be used for projects in the categories of Rivers, Lakes, and Streams; Coast and Ocean Protection; Forests and Working Lands; Regional Conservation Priorities; and Urban Forestry. A to-be-determined amount will be specifically set aside for matching local and federal funds for the restoration of the San Francisco Bay.

 

Public Comment: None.

Motion to support SB 1086: True

Seconded by: Montejano

Motion passes: 6-0

 

 

SHERIFF’S DEPARTMENT

 

  1. SB 1054 (Steinberg): Mentally Ill Offender Crime Reduction Grants

Recommended Position: Support

Appropriates 50% of $50 million grant program to services for mentally ill adult offenders, and the other 50% of grant funds to programs for juvenile offenders.

 

Public Comment: None.

Motion to continue to the call of the chair: Montejano

Seconded by: Winslow

Motion passes: 6-0

 

 

IV. 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.

 

          None.

 

V. ADJOURNMENT

Disability Access

Room 201 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 Tamsen Drew, Deputy Director of Legislative & Government Affairs, Mayor’s Office at: (415) 554-6971.

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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