GOOD AFTERNOON EVERYONE, WELCOME
TO THE LOCAL GOVERNMENT
COMMITTEE HEARING OF MAY 1ST,
2024. I WANT TO GO THROUGH SOME
HOUSEKEEPING ITEMS FIRST, AND
WILL BE OPERATING AS A
SUBCOMMITTEE. SINCE WE DON'T
HAVE A QUORUM, WELCOME TO THE
ASSEMBLY LOCAL GOVERNMENT
COMMITTEE HEARING. I WOULD LIKE
TO REMIND THE PUBLIC THAT FOR
THIS AND FUTURE HEARINGS,
TESTIMONY WILL BE IN PERSON AS
WE'RE NO LONGER USING A
MODERATED TELEPHONE SERVICE. WE
ALSO ACCEPT WRITTEN TESTIMONY TO
THE POSITION LETTER PORTAL ON
THE COMMITTEE'S WEBSITE. I WOULD
ALSO LIKE TO GO OVER OUR GROUND
RULES FOR APPOINTING APPROPRIATE
CONDUCT. THE ASSEMBLY HAS
EXPERIENCED A NUMBER OF
DISRUPTIONS TO COMMITTEE AND
FLOOR PROCEEDINGS IN THE LAST
FEW YEARS. CONDUCT THAT DISRUPTS
, DISTURBS, OR OTHERWISE IMPEDES
THE ORDERLY CONDUCT OF THE
HEARING IS PROHIBITED, AND SUCH
CONDUCT MAY INCLUDE TALKING OR
MAKING LOUD NOISES FROM THE
AUDIENCE, UTTERING LOUD,
THREATENING OR ABUSIVE LANGUAGE,
SPEAKING LONGER THAN THE
ALLOTTED TIME. EXTENDED
DISCUSSION OF MATTERS NOT
RELATED TO THE SUBJECT OF THE
HEARING OR THE BILL, OR ANY
OTHER DISRUPTIVE ACTS TO ADDRESS
ANY DISRUPTIVE CONDUCT, I WILL
TAKE THE FOLLOWING STEPS. IF AN
INDIVIDUAL DISRUPTS OUR HEARING
PROCESS, I WILL DIRECT THEM TO
STOP AND WARN THEM THAT
CONTINUED DISRUPTION MAY RESULT
IN REMOVAL FROM THE CAPITOL
BUILDING. I WILL ALSO DOCUMENT
ON THE RECORD THE INDIVIDUAL
INVOLVED AND THE NATURE OF THE
DISRUPTIVE CONDUCT. I MAY
TEMPORARILY RECESS THE HEARING
IF THE CONDUCT DOES NOT STOP, I
WILL REQUEST THE ASSISTANCE OF
THE SERGEANTS IN ESCORTING THE
INDIVIDUAL FROM THE CAPITOL. WE
HAVE 13 ITEMS ON THE AGENDA THIS
AFTERNOON. FIVE OF THESE ITEMS
ARE PROPOSED FOR ARE PROPOSED
FOR CONSENT. ITEM THREE AB 2293
BY ASSEMBLY MEMBER MATHIS. ITEM
FOUR AB 2325. ASSEMBLY MEMBER
LEE. ITEM SEVEN AB 2618 BY
ASSEMBLY MEMBER CHEN. ITEM EIGHT
AB 2663 BY ASSEMBLY MEMBER
GRAYSON. ITEM 13 AB 3198 BY
ASSEMBLY MEMBER GARCIA.
ADDITIONALLY, ITEM 11 AB 38 BY
ASSEMBLY MEMBER MATHIS HAS BEEN
PULLED BY AUTHOR FROM THE
HEARING. WE WILL HEAR ALL OTHER
BILLS IN THE ORDER SHOWN ON THE
AGENDA, AT LEAST OTHERWISE NOTED
. WE WILL TAKE UP TO TWO PRIMARY
WITNESSES IN SUPPORT AND UP TO
TWO PRIMARY WITNESSES IN
OPPOSITION. THIS WITNESSES WILL
HAVE THREE MINUTES EACH TO
PROVIDE THEIR TESTIMONY. ALL
SUBSEQUENT WITNESSES SHOULD
STATE THEIR NAME, THEIR
ORGANIZATION, AND THEIR POSITION
ON THE BILL. I SAID, WE DON'T
HAVE A QUORUM. WE WILL BE
OPERATING AS A SUBCOMMITTEE
UNTIL WE ARE ABLE TO ESTABLISH
QUORUM. I SEE ASSEMBLY MEMBER
REYES HERE, WHENEVER YOU'RE
READY. AND THAT'S ITEM NUMBER
SIX ON THE AGENDA. AB 2590.
THANK YOU, MR. CHAIR AND MEMBER.
AB 2590 RAISES THE PROCUREMENT
THRESHOLD FOR SAN BERNARDINO
COUNTY TRANSPORTATION AUTHORITY,
ALSO KNOWN AS SBCTA, SO THAT
THEY CAN CONTINUE TO OPERATE IN
A COST EFFECTIVE AND EFFICIENT.
THE COMMITTEE'S PROPOSED
AMENDMENTS. SBCTA PLAYS A
CRITICAL ROLE IN THE SHAPING OF
THE IN SHAPING THE
TRANSPORTATION LANDSCAPE OF THE
INLAND EMPIRE, WHICH IS CRUCIAL
FOR OUR ECONOMIC GROWTH AND THE
WELL-BEING OF ITS RESIDENTS.
ALIGNING SBCTA PROCUREMENT
AUTHORITY WITH ITS SIMILAR SIZED
TRANSPORTATION COMMISSIONS IS
CRUCIAL FOR STREAMLINING
PROCESSES AND ENABLING
STRATEGIC, COST EFFECTIVE
DECISION MAKING. SBCTA
PROCUREMENT LIMITS HAVE NOT
CHANGED SINCE THE 1980S. SINCE
THEN, THEY HAVE BEEN LIMITED TO
$25,000. PROCUREMENT
AUTHORIZATIONS, BUT THE COST OF
SUPPLIES HAVE INCREASED, AS WELL
AS THE EQUIPMENT AND MATERIALS
AND AS A RESULT, MINOR REPAIRS,
PROJECTS OR PURCHASES OFTEN
EXCEED THE EXISTING LIMITS,
WHICH NECESSITATES A LENGTHY
FORMAL BIDDING PROCESS WITH A
PROPOSED AMENDMENTS, AB 2590
WOULD UPDATE SBCTA PROCUREMENT
REQUIREMENT THRESHOLD FOR
CONTRACTS FROM THE CURRENT
$25,000 TO NOW $100,000 HERE TO
TESTIFY IN SUPPORT OF AB 2590 IS
ROSS BUCKLEY, WHO REPRESENTS THE
SAN BERNARDINO COUNTY
TRANSPORTATION AUTHORITY. GOOD
AFTERNOON, CHAIR MEMBERS ROSS
BUCKLEY, ON BEHALF OF SAN
BERNARDINO COUNTY TRANSPORTATION
AUTHORITY, WE ARE PLEASED TO
SPONSOR ASSEMBLY BILL 2590.
FIRST, WE WANT TO THANK THE
CHAIR AND COMMITTEE STAFF FOR
WORKING WITH ON AMENDMENTS. WE'D
ALSO ESPECIALLY LIKE TO THANK
ASSEMBLY MEMBER REYES FOR
SPONSORING THIS LEGISLATION ON
OUR BEHALF. AB 2590 SIMPLY SEEKS
TO MODERNIZE THE PROCUREMENT
PROCESS BY RAISING THE BID
THRESHOLDS FOR SUPPLIES,
MATERIALS AND EQUIPMENT. THIS
HELPS OUR AGENCY BY PROVIDING
ANOTHER OPTION TO HELP STRETCH
OUR DOLLARS FOR SBA. THE
EXISTING THRESHOLDS HAVE NOT
BEEN RAISED IN DECADES AND
SIMPLY HAVE NOT KEPT PACE WITH
THE CHANGES IN ECONOMICS OR THE
REALITIES OF THE PROCUREMENT
PROCESS. THE COST OF BASIC
SUPPLIES AND EQUIPMENT HAS
INCREASED SIGNIFICANTLY. WHILE
OUR POLICIES HAVE REMAINED
STAGNANT. THIS IS NOT ONLY
HINDERS OUR OPERATIONAL
EFFICIENCY, BUT PLACES
UNNECESSARY BURDENS ON OUR STAFF
BY INCREASING THE THRESHOLDS.
UNDER THIS LEGISLATION, THE BILL
PRESENTS A PRACTICAL APPROACH
FOR TO SMALLER PURCHASES. THIS
CHANGE IS DESIGNED TO REDUCE
ADMINISTRATIVE OVERHEAD AND
EXPEDITE THE PROCUREMENT
PROCESS, ENSURING THAT PROJECTS
ARE ON TIME AND WITHIN BUDGET.
IN CONCLUSION, ASSEMBLY BILL
2590 REPRESENTS A PRUDENT UPDATE
TO OUR PROCUREMENT STATUTE. IT
PROMOTES EFFICIENCY, FISCAL
RESPONSIBILITY AND EFFECTIVE
MANAGEMENT OF PUBLIC RESOURCES.
WE URGE YOUR IVO ON THIS BILL,
WHICH WILL ENHANCE
TRANSPORTATION INFRASTRUCTURE
AND SERVICE DELIVERY ACROSS SAN
BERNARDINO COUNTY. THANK YOU.
THANK YOU. ANYBODY ELSE IN THE
ROOM THAT WANTS TO ADD ON
SUPPORT? HOW ABOUT ANY, PRIMARY
WITNESSES IN OPPOSITION SEEING
NONE ANYBODY WANTED TO ADD IN
OPPOSITION OF THE BILLS? SEEING
NONE. TAKE IT BACK TO THE
COMMITTEE. ASSEMBLY MEMBER
HANEY, HAVE ANY QUESTIONS?
COMMENTS ON, YOU KNOW, I DON'T
EITHER, THANK YOU FOR PRESENTING
TODAY AND FOR WORKING WITH THE
COMMITTEE ON THE AMENDMENTS,
WHICH I HEAR YOU SAY, YOU
ACCEPT. YES, WITH THE AMENDMENTS
, I WILL BE SUPPORTING YOUR BILL
ONCE WE HAVE A QUORUM AND MOTION
AND A SECOND, THEN WE'LL TAKE
ACTION, BUT UNTIL THEN, WE'LL
SEE YOU SOON. OKAY. THANK YOU. I
DO RESPECTFULLY ASK FOR YOUR AYE
VOTE WHEN ALL MEMBERS ARE HERE.
THANK YOU. THANK YOU. WHILE WE
WAIT FOR OTHER COMMITTEE MEMBERS
AND AUTHORS, IF YOU ARE HEARING
THIS, YOUR STAFF, PLEASE LET
YOUR, MEMBERS KNOW THAT WE ARE
WAITING AT LOCAL GOVERNMENT.
BECAUSE WE'RE GOING TO TAKE A
SMALL RECESS WHILE WE GET OTHER
AUTHORS. THANK YOU
.
MADAM SECRETARY, LOOKS LIKE WE
HAVE A QUORUM. NOW. PLEASE CALL
THE ROLL CARILLO. PRESENT
CARILLO. PRESENT. WALDEN. HERE.
WALDEN PRESENT. SALIH. HERE. THE
SALIH PRESENT. HANEY HERE.
HANEY. PRESENT. KALRA. PACHECO
PRESENT. PACHECO. PRESENT.
RAMOS. WARD. WILSON CAN WE HAVE
A QUORUM? MADAM VICE CHAIR, DO
YOU WANT TO PRESENT YOUR BILL?
IT'S A GOOD TIME. AND THAT IS
ITEM ONE ON THE AGENDA AB 1819
BY ASSEMBLY MEMBER WALDEN.
THANK YOU, MR. CHAIR AND
COMMITTEE. I AM HERE TO PRESENT
AB 1819. I WOULD LIKE TO THANK
THE COMMITTEE CHAIR AND THE
COMMITTEE FOR WORKING WITH ME ON
THIS BILL. AND FIRST AND
FOREMOST, I WILL BE TAKING THE
COMMITTEE AMENDMENTS AB 1819
ALLOWS FOR THE CREATION OF
SPECIAL INFRASTRUCTURE FINANCING
DISTRICTS IN AREAS CHARACTERIZED
AS HIGH OR VERY HIGH FIRE
SEVERITY ZONES BY DIRECTING
RESOURCES TOWARDS THESE HIGH
RISK AREAS. AB 1819 ENSURES THAT
THE MOST VULNERABLE COMMUNITIES
ARE BETTER PROTECTED AGAINST
FUTURE WILDFIRES. THESE
DISTRICTS WILL GENERATE FUNDS
SPECIFICALLY FOR WILDFIRE
MITIGATION EFFORTS, SUCH AS
HEAVY EQUIPMENT TO CLEAR
VEGETATION, CREATING FIRE BREAKS
AND HARDENING INFRASTRUCTURE. AS
WE'VE SEEN IN RECENT YEARS, THE
FREQUENCY AND INTENSITY OF
WILDFIRES IN CALIFORNIA HAS
POSED SIGNIFICANT RISKS TO LIVES
AND PROPERTY, AND ALSO OUR
ENVIRONMENT. LAST YEAR, OVER
7000 FIRES BURNED CLOSE TO
325,000 ACRES. THIS IS A CLEAR
SIGNAL THAT OUR CURRENT EFFORTS
MUST GO FURTHER. IN A TIME WHERE
OUR BUDGET IS IN A DEFICIT,
CREATING A PROGRAM THAT DOES NOT
RAISE TAXES OR IMPACT THE STATE
BUDGET MAKES SENSE. PLEASE
WELCOME FIRE MARSHAL JASON
MCBROOM FROM ALPINE TO DISCUSS
THE CRITICAL IMPORTANCE OF AB
1819 FOR WILDFIRE MITIGATION.
THANK YOU VERY MUCH. AND GOOD
AFTERNOON. COUNCIL MEMBERS.
THANK YOU VERY MUCH TO
ASSEMBLYMEMBER WALDRON FOR 1819.
THE NECESSITY OF FUEL BREAKS IN
THE WILDFIRE AREAS ARE
DETRIMENTAL TO SLOW DOWN FORWARD
RATE OF SPREAD TO PROVIDE SAFETY
BUFFERS IN EXISTING COMMUNITIES
THAT ARE OUT THERE. THIS IS IN
DIRECT ALIGNMENT WITH THE TITLE
14 STATE RESPONSIBILITY LAWS FOR
FUEL BREAKS. THIS ALSO SUPPORTS
THE FIREWISE ADAPTIVE
COMMUNITIES, CREATING FUEL
BREAKS AND CREATING AN
OPPORTUNITY FOR THE
INFRASTRUCTURE. FINANCE
DISTRICTS WILL BE ABLE TO HELP
SUPPORT LONG TERM FUEL BREAKS,
CREATING NEW ONES AND PROVIDING
MAINTENANCE MECHANISMS TO GO IN
AND CONTINUE TO CONDUCT ROUTINE
MAINTENANCE THAT IS NECESSARY.
IT'S NOT JUST A MATTER OF
PUTTING THEM IN AND LETTING THEM
GO BACK TO NATURAL STATE, BUT
THERE HAS TO BE A MAINTENANCE
MECHANISM THAT GOES INTO IT. SO
THIS IS DEFINITELY IN A DIRECT
ALIGNMENT WITH WHAT OUR CURRENT
SITUATION IS FOR HIGH AND VERY
HIGH FIRE HAZARD SEVERITY ZONES
WITHIN THE STATE RESPONSIBILITY
AREA. IT WORKS VERY CLOSELY IN
ALIGNMENT WITH THE COUNTY OF SAN
DIEGO GENERAL PLAN. UNDER THE
SAFETY ELEMENT FOR THE LOCAL
HAZARD JURISDICTIONAL GRANT
OPPORTUNITIES. AND THIS IS A
FUNDING SOURCE GOING TO CREATE
AN OPPORTUNITY. SO WE'RE ASKING
FROM THE COUNTY OF SAN DIEGO TO
BE WORKING ALONGSIDE WITH OUR
ASSEMBLY MEMBERS. LOOK AT THIS
IN LONG TERM. FUEL BREAKS ARE
WHAT WILL HELP SLOW DOWN FORWARD
RATE OF SPREAD OF A FAST MOVING
WILDLAND FIRE IN OUR BACK
COUNTRY AREAS. THANK YOU VERY
MUCH. THANK YOU. ANYBODY ELSE IN
THE ROOM THAT WANTS TO ADD IN
SUPPORT? GOOD AFTERNOON, MR.
CHAIR. MEMBERS MARCUS DETWILER
WITH THE CALIFORNIA SPECIAL
DISTRICTS ASSOCIATION IN
SUPPORT. THANK YOU. THANK YOU.
SEEING NO ONE ELSE. ARE THERE
ANY WITNESSES IN OPPOSITION?
PRIMARY WITNESSES IN OPPOSITION.
SEEING NONE. ANYBODY IN THE ROOM
THAT WANTS TO GO ON THE RECORD
IN OPPOSITION, SEEING NONE. TAKE
IT BACK TO THE COMMITTEE
MEMBERS. COMMITTEE MEMBERS. ANY
QUESTIONS OR COMMENTS? SECOND,
WE HAVE A FIRST AND A SECOND,
THANK YOU FOR WORKING CLOSELY
WITH THE COMMITTEE ON THE
AMENDMENTS. I WILL BE SUPPORTING
YOUR BILL TODAY. WOULD YOU LIKE
TO CLOSE? THANK YOU, MR. CHAIR,
I URGE AN AYE VOTE ON THIS
REALLY IMPORTANT ISSUE. AND WE
KNOW THAT THESE FIRES ARE NOT
GOING AWAY. WE NEED TO DO ALL WE
CAN TO PROTECT OUR COMMUNITIES.
THANK YOU. THANK YOU, MADAM
SECRETARY. PLEASE CALL THE ROLL.
CARILLO. AYE. CARILLO. AYE.
WALDRON. AYE WALDRON. AYE. AND
SALLY. SALLY. AYE. HANEY AYE.
HANEY. AYE. CORA. PACHECO
PACHECO. AYE. RAMOS. WARD WILSON
. THE MOTION IS DUE. PASS AS
AMENDED. AND THE ROLES BEING
CALLED. AND THE BILL IS OUT FIVE
ZERO. WE LEAVE THE ROLL OPEN FOR
OTHER MEMBERS TO ADD ON. THANK
YOU. THANK YOU. AND I SEE
ASSEMBLY MEMBER BERNER, ITEM
NUMBER NINE ON THE AGENDA, AB
2715. PLEASE. YES GOOD
AFTERNOON, CHAIR AND MEMBERS.
THANK YOU. CHAIR AND YOUR
COMMITTEE STAFF FOR WORKING WITH
MY OFFICE ON THIS BILL. AB 2715
WOULD ALLOW LOCAL AGENCIES TO
DISCUSS THREATS TO CYBER
SECURITY DURING A CLOSED
SESSION. WE HAVE BEEN WORKING
WITH THE OPPOSITION TO ADDRESS
THEIR CONCERNS AND WILL CONTINUE
TO DO SO. SHOULD THIS BILL MOVE
FORWARD TODAY? THE BROWN ACT
GENERALLY REQUIRES THAT ALL
MEETINGS OF A LEGISLATIVE BODY
OF A LOCAL AGENCY ARE OPEN TO
THE PUBLIC. CURRENTLY, LOCAL
AGENCIES CAN HOLD A CLOSED
SESSION ONLY Dð TO DISCUSS
THREATS TO THE SECURITY OF
PUBLIC BUILDINGS. THE SECURITY
OF ESSENTIAL PUBLIC SERVICES, OR
THE PUBLIC'S RIGHT OF ACCESS TO
PUBLIC SERVICES OR PUBLIC
FACILITIES. HOWEVER, CURRENT
LAWS DO NOT EXPLICITLY LIST
THREATS TO CYBERSECURITY AS A
REASON TO MEET IN CLOSED
SESSION. AS A RESULT, LOCAL
AGENCIES ARE LEFT IN A
POTENTIALLY DANGEROUS POSITION
OF DISCUSSING THEIR
CYBERSECURITY RISKS AND
VULNERABILITIES IN OPEN SESSION,
WITH THE ONLY EXCEPTION BEING IF
LOCAL AGENCIES THAT ARE ACTIVELY
EXPERIENCING A CYBER ATTACK, AB
2715 WOULD SIMPLY ADD THREATS TO
CYBERSECURITY TO THE LIST OF
CLOSED SESSION EXEMPTIONS IN THE
BROWN ACT. THIS MEASURE WOULD
ALLOW LOCAL AGENCIES TO PROTECT
THEMSELVES AND THEIR CITIZENS
FROM CYBER ATTACKS TO CRITICAL
INFRASTRUCTURE THAT ARE BECOMING
INCREASINGLY COMMON. THEREFORE,
IT'S ESSENTIAL THAT LOCAL
AGENCIES BE ABLE TO DISCUSS
CYBERSECURITY INFRASTRUCTURE IN
CLOSED SESSION. I RESPECTFULLY
ASK FOR AN AYE VOTE, AND WITH ME
HERE TODAY IS CINDY MCMAHON. I
WANT TO ACTUALLY PRONOUNCE THE H
IN THE Þ IN THERE. WHO'S THE
CITY ATTORNEY WITH THE CITY OF
CARLSBAD? WHO'S THE SPONSOR OF
THIS BILL? THANK YOU. GOOD
AFTERNOON, CHAIR AND MR. CHAIR
AND THE MEMBERS OF THE
COMMITTEE, I AM CINDY MCMAHON.
I'M THE CITY OF ATTORNEY FOR THE
CITY OF CARLSBAD, THE SPONSOR OF
AB 2715. FIRST, I WOULD LIKE TO
EXPRESS OUR SINCERE GRATITUDE TO
ASSEMBLY MEMBER BERNER FOR
AUTHORING THIS BILL AND TO CHAIR
CARILLO AND THE COMMITTEE STAFF
FOR WORKING WITH US ON THE
LANGUAGE OF THIS BILL. AS CITY
ATTORNEY, I AM TASKED WITH
PROVIDING LEGAL COUNSEL AND
SERVICES TO THE CITY COUNSEL,
THE CITY DEPARTMENTS AND CITY
BOARDS AND COMMISSIONS. MY
DUTIES INCLUDE NOT ONLY ENSURING
THAT THE CITY COMPLIES WITH THE
LAW, BUT ALSO, AND JUST AS
IMPORTANTLY, PROTECTING THE
PUBLIC INTEREST AND INFORMATION.
THE BROWN ACT WAS ENACTED IN
1953, AND ALTHOUGH IT HAS BEEN
AMENDED OVER THE YEARS, IT DOES
NOT ACKNOWLEDGE THE LEVEL TO
WHICH TECHNOLOGY HAS ADVANCED
AND SIGNIFICANCE, AND THE
SIGNIFICANT CYBER SECURITY
THREATS THAT ARE FACED BY PUBLIC
AGENCIES. WHILE THE BROWN ACT
DOES ALLOW FOR DISCUSSION TO
OCCUR IN CLOSED SESSION ABOUT
SPECIFIC THREATS, IT IS SILENT
ON THE GENERAL TOPIC OF CYBER
SECURITY. TÊ. THIS BILL WOULD
ALLOW FOR CLOSED SESSION
BRIEFINGS ABOUT GENERAL CYBER
SECURITY THREATS, THUS MAKING
THE LEGISLATIVE BODY MORE
INFORMED ABOUT THE NATURE OF THE
THREATS AND THE EXTENT OF THE
VULNERABILITIES THAT THE
AGENCIES FACE. FOR EXAMPLE, IF
REDUCING A VULNERABILITY TO
CYBER ATTACKS WOULD REQUIRE A
FINANCIAL INVESTMENT, SUCH AS
THE PROCUREMENT OF A LARGE
SOFTWARE CONTRACT, THAT
INVESTMENT CAN BE DETERMINED IN
OPEN SESSION. BUT THE CLOSED
SESSION WOULD ALLOW THE
LEGISLATIVE BODY TO LEARN WHAT
THE VULNERABILITIES IS AND WHY
THE INVESTMENT IS NEEDED.
WITHOUT ALERTING CYBER CRIMINALS
TO THE VULNERABILITY. UNDER THIS
BILL, THE LEGISLATIVE BODY MUST
CONTINUE TO COMPLY WITH THE
APPLICABLE BROWN ACT
REQUIREMENTS FOR AGENDIZING AND
ALLOWING PUBLIC COMMENT ON
CLOSED SESSION ITEMS, AND FOR
DOCUMENTING AND REPORTING ON
ACTIONS TAKEN IN CLOSED SESSION.
THE BROWN ACT CURRENTLY REQUIRES
CLOSED SESSION AGENDAS TO STATE
THE STATUTORY AUTHORIZATION FOR
THE CLOSED SESSION AND, IN THE
CASE OF SECURITY THREATS, TO
IDENTIFY WITH WHOM THE
LEGISLATIVE BODY IS MEETING. AS
STATED EARLIER, ACTIONS
INVOLVING CONTRACTING DECISIONS
AND SIMILAR EXPENDITURES WOULD
ARE DONE IN OPEN SESSION. AB
2715 IS A MODEST AMENDMENT TO
THE CLOSED SESSION PROVISIONS IN
THE BROWN ACT THAT WILL ALLOW
LOCAL PUBLIC AGENCIES TO PROTECT
SENSITIVE INFORMATION THAT MIGHT
MAKE THEM, OR PUT THEM AT
GREATER RISK FOR CYBER ATTACKS.
I THANK YOU ONCE AGAIN FOR YOUR
ATTENTION AND FOR CONSIDERING
OUR STRONG SUPPORT FOR THIS
BILL, AND I WOULD BE PLEASED TO
RESPOND TO ANY QUESTIONS THE
COMMITTEE HAS. THANK YOU.
ANYBODY IN THE ROOM THAT WANTS
TO ADD ON THE RECORD FOR
SUPPORT? GOOD AFTERNOON, MR.
CHAIR. MEMBERS OF THE COMMITTEE,
SHARON GONSALVES, ON BEHALF OF
THE CITY CLERKS ASSOCIATION OF
CALIFORNIA, THE CALIFORNIA
ASSOCIATION OF RECREATION AND
PARK DISTRICTS, AS WELL AS THE
CITIES OF RANCHO CUCAMONGA,
EASTVALE, AND REDWOOD CITY.
THANK YOU. GOOD AFTERNOON,
JOHNNY PINA WITH THE LEAGUE OF
CALIFORNIA CITIES AND SUPPORT.
THANK YOU. GOOD AFTERNOON. I'M
ERIC LEHR WITH THE CALIFORNIA
STATE ASSOCIATION OF COUNTIES
AND SUPPORT. THANK YOU. MR.
CHAIR MEMBERS GENE HEARST HERE
TODAY ON BEHALF OF THE URBAN
COUNTIES OF CALIFORNIA AND THE
RURAL COUNTY, REPRESENTATIVES OF
CALIFORNIA IN SUPPORT. THANK
YOU. ARE THERE ANY PRIMARY
WITNESSES IN OPPOSITION SEEING
NONE. ANYBODY ON THE AUDIENCE
THAT WANTS TO ADD ON IN
OPPOSITION, SEEING NONE? I TAKE
IT TO THE COMMITTEE MEMBERS,
COMMITTEE MEMBERS, ANY
QUESTIONS, COMMENTS ON WHAT'S IN
FRONT OF US. THANK YOU. WE HAVE
A FIRST AND A SECOND. WOULD YOU
LIKE TO CLOSE? THANK YOU. I
RESPECTFULLY ASK FOR YOUR AYE
VOTE. THANK YOU AND YOURSELF FOR
WORKING CLOSELY WITH THE
COMMITTEE AS YOU REFINED THE
LANGUAGE ON YOUR BILL. I AM
PLEASED TO SUPPORT YOUR EFFORTS
TO ENSURE LOCAL AGENCIES CAN
ADDRESS THREATS TO THEIR CYBER
SECURITY SYSTEMS. I WILL VOTE IN
AN AYE AND WE HAVE A MOTION AND
A SECOND. THE MOTION IS DO PASS.
PLEASE CALL THE ROLL. THE MOTION
IS DUE. PASS CARILLO A CARILLO I
WALDRON. WALDRON I AND SALLY THE
SALLY NOT VOTING HAYNIE A HAYNIE
I KALRA PACHECO A PACHECO I
RAMOS. WARD WILSON A WILSON. I
THANK YOU, THANK YOU. THE BILL
WILL LEAVE THE ROLE OPEN FOR
OTHER COMMITTEE MEMBERS TO ADD
ON. THANK YOU. AND AS ARE YOU
PRESENT FOR SOMEBODY ELSE. AND
WE MOVE ON TO AGENDA ITEM NUMBER
FIVE. AB 2457. ASSEMBLYMAN
MCCARTHY. HELLO AGAIN. THANK
YOU, MR. CHAIR, I'M PRESENTING A
DISTRICT BILL TODAY THAT IS
SPONSORED BY MY UTILITY DISTRICT
SMUD, WHICH SOME OF YOU MAY KNOW
HERE. IF YOU LIVE HERE PART TIME
IN SACRAMENTO. FIRST, I WANT TO
THANK YOU FOR WORKING WITH US
AND ACCEPTING THE COMMITTEE
AMENDMENTS. THIS MEASURE EXTENDS
A SUNSET IN STATUTE ON A PROGRAM
THAT I CREATED IN 2019, WHICH
ALLOWS SMUD HERE, OUR PUBLIC
POWER ENTITY HERE, TO ENTER TO
ENTER INTO PARTNERSHIPS WITH
COMPANIES, NON-STOCK OPTION
PARTNERSHIPS THAT HELP, YOU
KNOW, BRING SOME RESOURCES TO
THE DISTRICT, HELPS THEM
FINANCIALLY AND ALSO ALLOWS THEM
TO KEEP THEIR RATES LOW AND
CONTINUE THEIR EFFORTS TO INVEST
IN CLEAN ENERGY, HELPING ACHIEVE
OUR CARBON GOALS FOR THE REGION.
AND ALSO CALIFORNIA. THIS BILL
SIMPLY, EXTENDS THIS SUNSET FOR
ANOTHER TEN YEARS, ALLOWS THEM
TO DO UP TO SIX PARTNERSHIPS
WITH THIS STATUTORY CHANGE. AND
WITH ME TODAY TO TESTIFY IS OUR
SMUD DISTRICT RESPECTFULLY ASK
FOR YOUR ASK FOR YOUR I VOTE
CHAIR CARILLO VICE CHAIR WALDRON
AND MEMBERS OF THE COMMITTEE. I
AM LAURA LEWIS, CHIEF LEGAL AND
GOVERNMENT AFFAIRS OFFICER FOR
SMUD. I'D LIKE TO START BY
THANKING THE CHAIR AND HIS STAFF
FOR THEIR WORK WITH US ON THIS
BILL. SMUD IS A SIXTH LARGEST
COMMUNITY OWNED ELECTRIC UTILITY
IN THE NATION. WE SERVE ABOUT
1.5 MILLION RESIDENTS IN
SACRAMENTO COUNTY AND SMALL
ADJOINING PORTIONS OF PLACER AND
YOLO COUNTIES AS A PUBLIC,
PUBLICLY OWNED UTILITY, EVERY
DOLLAR IN AND REVENUE THAT WE
GENERATE IS INVESTED IN THE
COMMUNITY OR USED TO OFFSET ANY
FUTURE RATE INCREASES. THANK YOU
FOR THE OPPORTUNITY TO ADDRESS
THE COMMITTEE ON AB 2457, A BILL
THAT WOULD ALLOW US TO CONTINUE
THE AUTHORITY TO HOLD NON-STOCK
SECURITY IN A CORPORATION. THIS
AUTHORITY IS IMPORTANT BECAUSE
IT ALLOWS US THE OPPORTUNITY TO
REALIZE A RETURN ON THE PRODUCTS
AND SERVICES THAT WE HELP
DEVELOP, WHICH WILL HELP KEEP
OUR RATES AFFORDABLE FOR OUR
CUSTOMERS. IMPORTANTLY, SMUD
DOES NOT PAY ANYTHING IN THESE
DEALS BEYOND WHAT WE NORMALLY
PAY TO PROCURE THE PRODUCT OR
SERVICE. AS WAY OF BACKGROUND,
IN 2019, THE LEGISLATURE PASSED
AB 689, WHICH GRANTED SMUD THIS
PILOT AUTHORITY. AND WITH THIS
LEGISLATION, WE'RE LOOKING TO
EXTEND THE PROGRAM AS WELL AS
MAKE SOME ADDITIONAL
CLARIFICATIONS. SMUD OFTEN
PARTNERS WITH COMPANIES TO
DEVELOP INNOVATIVE PRODUCTS AND
SERVICES THAT ENABLE US TO
ACHIEVE THE STATE'S CLEAN ENERGY
GOALS AND MAINTAIN AFFORDABILITY
AND RELIABILITY FOR OUR
CUSTOMERS. FOR SOME OF THESE
PRODUCTS AND SERVICES, SMUD
PROVIDES ACCESS TO OUR
INTELLECTUAL PROPERTY, DEVOTES
STAFF TIME, AND PROVIDES
CRITICAL FIELD TESTING TO ENSURE
THEIR EFFECTIVENESS. THE
COMPANIES THAT WE PARTNER WITH
MAY THEN CAPITALIZE ON OUR
CONTRIBUTIONS BY MARKETING THOSE
PRODUCTS AND SERVICES TO OTHER
UTILITIES. AS AN EXAMPLE,
SEVERAL YEARS AGO WE WORKED WITH
THE COMPANY TO DEVELOP SOFTWARE
THAT ANALYZES A CUSTOMER'S METER
DATA TO COMPARE CUSTOMER ENERGY
USAGE AND ENCOURAGE ENERGY
EFFICIENCY. THE COMPANY WAS
LATER ACQUIRED FOR HUNDREDS OF
MILLIONS OF DOLLARS, BUT WE HAD
NO MECHANISM TO OBTAIN EVEN A
SMALL RETURN FOR OUR CUSTOMERS.
SMUD EXERCISED ITS AUTHORITY
UNDER AB 689 TO ENTER A
PARTNERSHIP WITH A COMPANY THAT
IS DEVELOPING LONG DURATION
ENERGY STORAGE THAT WILL BE
ESSENTIAL FOR US TO MEET OUR
CARBON REDUCTION GOALS RELIABLY.
WE'RE CURRENTLY NEGOTIATING A
SECOND DEAL WITH A COMPANY THAT
IS DEVELOPING MEDIUM AND HEAVY
DUTY ALL ELECTRIC WORK TRUCK
CHASSIS'S TO MEET OUR CARBON
REDUCTION GOALS. WE WILL
CONTINUE WITH THESE INNOVATIVE
PARTNERSHIPS REGARDLESS OF
WHETHER WE CONTINUE WITH THIS
AUTHORITY. THIS AUTHORITY SIMPLY
ALLOWS OUR CUSTOMERS TO REAP THE
POTENTIAL FINANCIAL UPSIDE OF
THE PARTNERSHIP SHOULD THE
COMPANY SUCCEED. THANK YOU FOR
YOUR TIME AND I'M HAPPY TO
ANSWER ANY QUESTIONS. THANK YOU.
I SEE MEMBERS OF THE AUDIENCE
ARE COMING IN IN SUPPORT. PLEASE
STATE YOUR NAME, AFFILIATION AND
POSITION. THANK YOU. JULIE
MALINOWSKI BALL ON BEHALF OF THE
CALIFORNIA ELECTRIC
TRANSPORTATION COALITION IN
SUPPORT. THANK YOU. CHAIR.
MEMBERS ROSS BUCKLEY, ON BEHALF
OF THE CITY OF SACRAMENTO IN
SUPPORT. HELLO, CHAIR. AND
MEMBERS DEREK DOLPH, ON BEHALF
OF THE CALIFORNIA MUNICIPAL
UTILITIES ASSOCIATION AND
SUPPORT. THANK YOU. GOOD
AFTERNOON. CHRIS LEE, ON BEHALF
OF THE SACRAMENTO AREA COUNCIL
OF GOVERNMENTS IN SUPPORT. GOOD
AFTERNOON, MARCUS DETWILER WITH
THE CALIFORNIA SPECIAL DISTRICTS
ASSOCIATION IN SUPPORT. THANK
YOU. ARE THERE ANY PARAMETER
WITNESSES IN OPPOSITION? THÀNH
SEEING NONE. ANYBODY ELSE WANTED
TO BE ADDED ON THE RECORD IN
OPPOSITION. SEEING NONE.
COMMITTEE MEMBERS ANY QUESTIONS
COMMENTS. IS THERE A MOTION
SECOND. PERSON A SECOND.
ASSEMBLY MEMBER MCCARTHY, WOULD
YOU LIKE TO CLOSE? THANK YOU.
RESPECTFULLY ASK FOR YOUR VOTE.
THANK YOU. AND I DID HEAR YOU
SAY THAT YOU ACCEPTED THE
AMENDMENTS, RIGHT? YOU DID. YES.
THANK YOU FOR PRESENTING TODAY
AND FOR WORKING WITH THE
COMMITTEE ON THE AMENDMENTS,
WITH THE AMENDMENTS THAT WILL BE
SUPPORTING YOUR BILL. WE HAVE A
MOTION AND A SECOND. THE MOTION
IS DUE. PASS AS AMENDMENT.
SECRETARY PLEASE CALL THE ROLL.
THE MOTION IS TO PASS AS
AMENDED. CARILLO I CARILLO I
WALDRON, I WALDRON, I IS SALLY.
SALLY. NO. HANEY I HANEY I CORA
PACHECO I PACHECO I RAMOS. WARD.
WILK ANN. WILSON I. THE BILL IS
SAD AND WILL LEAVE THE ROLE OPEN
FOR OTHER MEMBERS TO ADD ON. WE
HAVE ASSEMBLY MEMBER WILSON
PRESENTING TWO BILLS. THANK YOU.
WOULD YOU LIKE TO START WITH THE
AB 2257? AND THAT'S ITEM TWO ON
THE AGENDA. AB 2257. YES. GOOD
AFTERNOON CHAIR MEMBERS. TODAY
I'M HERE TO DISCUSS THE CRITICAL
IMPORTANCE IMPORTANCE OF AB
2257, A BILL DESIGNED TO ENHANCE
THE TRANSPARENCY, EFFICIENCY AND
FAIRNESS OF THE RATE SETTING
PROCESS FOR WATER AND SEWER
SERVICES IN CALIFORNIA. AT ITS
CORE, AB 2257 IS ABOUT FOSTERING
A CONSTRUCTIVE DIALOG BETWEEN
PUBLIC AGENCIES AND THE PEOPLE
THEY SERVE. OUR STATE'S WATER
AND SEWER AGENCIES ARE AT A
CRITICAL JUNCTURE. THE
CHALLENGES POSED BY CLIMATE
CHANGE REQUIRE SUBSTANTIAL
INVESTMENTS IN OUR WATER AND
SEWER INFRASTRUCTURE TO ENSURE
THAT PUBLIC AGENCIES CAN MAKE
THESE NECESSARY INVESTMENTS, IT
IS ESSENTIAL THEY HAVE A STABLE
AND PREDICTABLE REVENUE STREAM.
UNDER EXISTING LAW, PROPOSITION
218 REQUIRES PUBLIC AGENCIES TO
PROVIDE ADVANCED NOTICE TO
PROPERTY OWNERS AND PUBLIC
HEARINGS FOR PROTEST, AND
RESTRICTS THE IMPOSITION OF FEES
UNLESS THEY REPRESENT THE ACTUAL
COST OF SERVICES. HOWEVER THE
INCREASE IN PROPOSITION 218
LITIGATION CHALLENGES LOCAL
AGENCIES ABILITY TO SET FAIR
RATES TO COVER OPERATIONAL AND
INVESTMENT COSTS. OFTEN, THESE
LEGAL CHALLENGES COME WITHOUT
PRIOR OBJECTIONS BEING RAISED
DURING THE PUBLIC COMMENT
PERIOD, LEADING TO COSTLY AND
UNFORESEEN LAWSUITS THAT STRAIN
THE FINANCIAL RESOURCES OF THESE
AGENCIES. FOR THIS REASON, AB
2257 ESTABLISHES AN EXHAUSTION
OF ADMINISTRATION. EXCUSE ME, AN
EXHAUSTION OF ADMINISTRATIVE
REMEDIES PROCEDURE. THIS MEANS
THAT FOR SOMEONE TO CHALLENGE
THE FEES IN COURT, THEY MUST
FIRST RAISE THEIR CONCERNS
THROUGH THE PROCESS PROVIDED BY
THE PUBLIC AGENCY. THIS
REQUIREMENT AIMS TO RESOLVE
DISPUTES EARLY AND REDUCE THE
FREQUENCY OF LITIGATION, WHICH
CAN BE COSTLY AND TIME CONSUMING
FOR BOTH PARTIES. THIS PROACTIVE
ENGAGEMENT FACILITATES INFORMED
DECISION MAKING, ENHANCES
TRANSPARENCY, AND ULTIMATELY
FOSTERS TRUST BETWEEN AGENCIES
AND THE COMMUNITIES THEY SERVE.
MOREOVER, IT MANDATES PUBLIC
AGENCIES TO RESPOND IN WRITING
TO ALL COMMENTS. RECEIVES
FOSTERING TRANSPARENT AND
INFORMED DIALOG BETWEEN THE
AGENCIES AND THE PUBLIC AND
FORTUNATELY IMPORTANTLY, THIS
BILL STILL PROTECTS THE RIGHT TO
LITIGATE AGAINST ONGOING
FAILURES BY AN AGENCY TO
IMPLEMENT RATES AND COMPLIANCE
WITH THE SUBSTANTIVE
REQUIREMENTS OF PROPOSITION TWO,
18. THIS ENSURES THAT AGENCIES
CANNOT MISUSE USE FEES FOR
PURPOSES OTHER THAN THOSE
EXPLICITLY STATED. AMENDMENTS TO
THE BILL HAVE BEEN LARGELY
TECHNICAL IN NATURE. THE
AMENDMENTS HELP CLARIFY THE
PUBLIC NOTICING PROCESS, THE
FEES THAT WOULD BE SUBJECTED TO
THE PROVISIONS OF THE BILL, AND
SPECIFY THE BILL IS NOT INTENDED
TO PRECLUDE LAWSUITS RELATED TO
A LOCAL AGENCY'S FAILURE TO
IMPLEMENT A FEE OR ASSESSMENT IN
COMPLIANCE WITH EXISTING LAW.
AND TO BE CLEAR, THIS BILL
MAINTAINS PROP TWO 1845 DAY
MINIMUM TIMELINES, AND WE HAVE
SINCE TAKEN AMENDMENTS ON THAT.
TO CLARIFY THIS SECTION. IT'S,
THIS REPRESENTS A BALANCED
APPROACH TO RATE SETTING. THIS
BILL IS ABOUT MORE THAN JUST
PROCEDURAL ADJUSTMENTS. IT'S
ABOUT ENSURING OUR PUBLIC
AGENCIES AND OUR COMMUNITIES CAN
WORK TOGETHER MORE EFFECTIVELY
TO TACKLE THE CHALLENGES WE
FACE. WITH ME TODAY ARE TWO
WITNESSES, CHRISTOPHER AND
ANDERSON, ESQUIRE, ARE THE
SENIOR STATE RELATIONS ADVOCATE
AT THE ASSOCIATION OF CALIFORNIA
WATER AGENCIES, ALSO KNOWN AS
AQUA, AND ERIC ROBINSON,
MANAGING SHAREHOLDER AT CHRONIC.
MOSKOVITZ, TIEDEMANN AND GERARD.
GOOD AFTERNOON, MR. CHAIR, AND
MEMBERS. CHRIS ANDERSON, ON
BEHALF OF THE ASSOCIATION OF
CALIFORNIA WATER AGENCIES, FIRST
DO WANT TO THANK THE COMMITTEE
STAFF FOR ALL THE TIME AND
ATTENTION THAT'S BEEN PAID TO
THIS BILL, AND CERTAINLY THE
AUTHOR, FOR HER WILLINGNESS TO
CARRY THIS IMPORTANT MEASURE.
PUBLIC WATER AND SEWER AGENCIES
PROVIDE ESSENTIAL GOVERNMENT
SERVICES FOR THE BENEFIT OF
COMMUNITIES, AGRICULTURE,
INDUSTRIES AND THE ENVIRONMENT.
THESE AGENCIES ARE RESPONSIBLE
FOR ENSURING A CONSISTENT AND
RELIABLE WATER SUPPLY,
SAFEGUARDING THE QUALITY OF
DRINKING WATER, PLANNING,
CONSTRUCTING AND MAINTAINING
CRITICAL INFRASTRUCTURE, AND
MUCH MORE. AND WITH CLIMATE
CHANGE PRESENTING UNPRECEDENTED
CHALLENGES, THESE AGENCIES MUST
ALSO ADAPT AND ENHANCE AGING
INFRASTRUCTURE, TO MITIGATE
AGAINST THE IMPACTS OF
INCREASINGLY SEVERE AND FREQUENT
CLIMATE RELATED EVENTS, AND IN
ORDER TO ENSURE RELIABLE WATER
SUPPLY FOR FUTURE GENERATIONS.
PROP 218 PLACES STRICT
LIMITATIONS ON HOW AGENCIES CAN
RAISE REVENUE, AND AS A RESULT,
PUBLIC AGENCIES RELY
PREDOMINANTLY ON REVENUE FROM
SERVICE RATES AND ASSESSMENTS TO
FINANCE THEIR ESSENTIAL
GOVERNMENT SERVICES. WHILE THESE
AGENCIES REQUIRE FINANCIAL
STABILITY TO MEET INCREASING
DEMANDS. AS THE ASSEMBLY MEMBER
NOTED, A RISE IN PROP 218
LITIGATION IS MAKING IT
INCREASINGLY DIFFICULT TO ENSURE
AGENCIES CAN PASS FAIR AND
REASONABLE RATES TO COVER THE
COSTS OF OPERATIONS AND
INVESTMENTS. OFTENTIMES, THESE
SUITS ARE FILED WITHOUT FIRST
HAVING RAISED THE CONCERNS
DURING THE RATE MAKING PROCESS.
THESE SURPRISE LAWSUITS PREVENT
AGENCIES FROM ENDEAVORING TO
RESOLVE THE DISPUTE AND AVOID
LITIGATION. THEY ALSO HAVE THE
POTENTIAL TO UNDERMINE AN
AGENCY'S ABILITY TO MAINTAIN
STABLE BUDGETS NECESSARY TO
OPERATE EFFECTIVELY. AB 2257
WOULD BOLSTER THE EXISTING RATE
MAKING PROCESS IN ORDER TO
ENHANCE DIALOG AND TRANSPARENCY
BETWEEN PUBLIC AGENCIES AND
THEIR CUSTOMERS. THE GOAL OF
THIS LEGISLATION IS TO SHINE
SUNLIGHT ON POTENTIAL OBJECTIONS
TO THE PROPOSED RATES AND
ASSESSMENTS. AT A TIME WHEN
AGENCIES HAVE AN OPPORTUNITY TO
RESOLVE THOSE CONCERNS. THIS
BILL WILL ALSO PROMOTE FINANCIAL
STABILITY NECESSARY FOR PUBLIC
AGENCIES TO OPERATE EFFECTIVELY
AND PREPARED FOR CLIMATE CHANGE.
WE URGE YOUR SUPPORT AND HAPPY
TO ANSWER ANY QUESTIONS. MAY I
PLEASE THE COMMITTEE? MY NAME IS
ERIC ROBINSON. I'M MANAGING
SHAREHOLDER OF THE LAW FIRM
KRONICK, MOSKOVITZ, TIEDEMANN
AND GIRARD IN SACRAMENTO. AND
SINCE 1997, I'VE PRACTICED WATER
RESOURCES AND PUBLIC AGENCY LAW.
AND IN THAT CAPACITY, I'VE
ASSISTED PUBLIC AGENCIES IN
COMPLYING WITH PROP 218 RATE
MAKING PROCESS. AND IN
LITIGATION. DEFENSE. PROP 218
IMPOSES PROCEDURAL REQUIREMENTS
AND SUBSTANTIVE LIMITS ON THE
ADOPTION OF NEW, EXTENDED OR
INCREASED PROPERTY RELATED FEES
AND SPECIAL ASSESSMENTS THAT PAY
FOR WATER SUPPLY. UNDER PROP
218, PUBLIC AGENCIES ARE AT A
STEEP DISADVANTAGE WHEN THEY
STEP INTO A COURTROOM TO DEFEND
THEIR WATER SERVICE RATES OR
OTHER PROPERTY RELATED FEES.
FIRST, UNDER PROP 218, THE
BURDEN SHIFTS FROM THE PLAINTIFF
BRINGING LITIGATION TO THE
DEFENDANT TO SHOW THAT ITS RATES
COMPLY WITH PROP 218. UNDER THAT
PROPOSITION, COURTS EXERCISE
INDEPENDENT JUDGMENT REVIEW ON
THE LAWFULNESS OF THE RATES
RATHER THAN DEFERRING TO THE
PUBLIC AGENCY'S TECHNICAL
DETERMINATIONS ON ISSUES
INVOLVING THE OPERATION,
CONSTRUCTION, MAINTENANCE OF
COMPLICATED INFRASTRUCTURE IN
RATE RATE MAKING IS INHERENTLY A
LEGISLATIVE ACTION. SO IN
LITIGATION, THE AGENCY'S
EVIDENCE FOR DEFENDING ITS
COMPLIANCE WITH PROP 218 IS
LIMITED TO THE ADMINISTRATIVE
RECORD OF PROCEEDINGS DEVELOPED
UP TO THE MOMENT THAT THE RATE
MAKING DECISION OCCURS. IF
NOBODY RAISES AN ISSUE WITH PROP
218 COMPLIANCE DURING THAT RATE
MAKING PROCESS, IT'S DIFFICULT
FOR THE AGENCY TO DEFEND ITSELF.
IT DOESN'T KNOW WHAT'S COMING. A
TYPICAL AGENCY RATE MAKING
PROCESS PROVIDES MULTIPLE
OPPORTUNITIES FOR PUBLIC
INVOLVEMENT. THERE ARE PUBLIC
WORKSHOPS, LOCAL OUTREACH, RATE
MAKING PROCEEDINGS ARE DONE BY
NOTICED BROWN ACT COMPLIANCE,
PUBLIC MEETINGS IS. THE GOAL OF
THIS BILL IS TO BOLSTER PUBLIC
PARTICIPATION TO DEVELOP SOUND,
WELL INFORMED FEES, PROMOTE
FINANCIAL STABILITY FOR AGENCIES
BUILDING, OPERATING, MAINTAINING
CRITICAL PUBLIC WATER SUPPLY
INFRASTRUCTURE IN THE FACE OF
INCREASING FLOODS, FIRES AND
DROUGHTS. WE SUPPORT AB 2257 AND
RESPECTFULLY REQUEST YOUR AYE
VOTE. THANK YOU. ANY MEMBERS OF
THE AUDIENCE WANT TO BE ADDED ON
IN SUPPORT. STATE YOUR NAME,
AFFILIATION AND POSITION. GOOD
AFTERNOON. KAREN STOUT HERE ON
BEHALF OF THE SANTA CLARA VALLEY
WATER DISTRICT, WE ARE IN
SUPPORT. JAMIE MINER, ON BEHALF
OF SANTA MARGARITA WATER
DISTRICT AND EASTERN MUNICIPAL
WATER DISTRICT. PLEASED TO
SUPPORT. THANK YOU, JULIE
MALINOWSKI BALL, ON BEHALF OF
THE CONTRA COSTA WATER DISTRICT,
IN SUPPORT JASON ECKERT ON
BEHALF OF THE LOS ANGELES COUNTY
SANITATION DISTRICTS AND THE
CALIFORNIA MUNICIPAL UTILITIES
ASSOCIATION, AND SUPPORT. GOOD
AFTERNOON, KYLIE WRIGHT ON
BEHALF OF ENVIRONMENTAL DEFENSE
FUND, LIVING HIÆN, MUNICIPAL
WATER DISTRICT AND PADRE DAM
MUNICIPAL WATER DISTRICT. THANK
YOU, SARAH STIVERS, THE LAS
VIRGENES MUNICIPAL WATER
DISTRICT, AND THE MUNICIPAL
WATER DISTRICT OF ORANGE COUNTY
IN SUPPORT. ERIC LARA, ON BEHALF
OF THE CALIFORNIA STATE
ASSOCIATION OF COUNTIES AND
SUPPORT. THANK YOU, CLIFTON
WILSON, ON BEHALF OF THE SOUTH
SAN JOAQUIN IRRIGATION DISTRICT
IN SUPPORT. THANK YOU. MARCUS
DETWILER WITH THE CALIFORNIA
SPECIAL DISTRICTS ASSOCIATION IN
SUPPORT. THANK YOU. SHARON
GONSALVES ON BEHALF OF THE
CITIES OF SANTA ROSA AND RANCHO
CUCAMONGA AND THE TOWN OF
HILLSBOROUGH IN SUPPORT. THANK
YOU. ARE THERE ANY PARAMETER
WITNESSES IN OPPOSITION? YOU CAN
HAVE A SEAT HERE IF YOU LIKE. IS
UP TO YOU. OH, IT'S OKAY. I CAN
STAND HERE. OKAY YOU WOULD
PREFER ME TO SIT THERE? YES,
SIR. I WILL DO AS YOU ASK. I
MIGHT HAVE SOME QUESTIONS FOR
YOU. OKAY. HAPPY TO. SCOTT
KAUFMAN, LEGISLATIVE DIRECTOR
FOR THE HOWARD JARVIS TAXPAYERS
ASSOCIATION. FIRST, I'D LIKE TO
THANK THE AUTHOR FOR THE
AMENDMENTS. WE DO THINK THAT
THEY IMPROVE THE BILL, BUT OUR
MAIN CONCERNS STILL REMAIN. THE
BILL REQUIRES NOTHING MORE OF AN
AGENCY THAN MAILING THE NOTICE
THAT IS ALREADY REQUIRED UNDER
PROP 218, STATING THE AMOUNT OF
THE CHARGE AND THE BASIS FOR THE
COMPUTATION. BUT WHEN BUT THEN
FORECLOSES LITIGATION. FOR ANY
RATEPAYER WHO FAILS TO RAISE
SPECIFIC OBJECTIONS DURING A
TIME WHEN THE RATE STUDY AND
METHODOLOGY ARE LIKELY TO NOT BE
EVEN AVAILABLE FOR REVIEW. FOR
EXAMPLE, IF THE RATE STUDY
CONTAINS AN INDEFENSIBLE
ARITHMETIC ERROR, THE FACT WOULD
NOT BE DISCLOSED IN PROP 218.
NOTICE AND YET THE CUSTOMER
WOULD BE BARRED FROM LEGAL
RECOURSE BASED ON THEIR
INABILITY TO IDENTIFY GROUNDS
FOR OBJECTION DURING THE 45 DAY
NOTICE PERIOD. FURTHER, THERE IS
ALREADY A 120 DAY LIMITATIONS
PERIOD THAT IS REALLY A 75 DAYS
BECAUSE THERE IS AN AGENCY
RESPONSE PERIOD BAKED INTO IT
THAT APPLIES TO WATER AND SEWER.
AB 2257 OBSTACLES ARE CREATING
DUE PROCESS AND TAKINGS
CONCERNS. WHILE WE DO NOT THINK
CREATE MEANINGFUL DIALOG. THANK
YOU, THANK YOU. ANYBODY ELSE
WANTS TO BE ADDED ON IN
OPPOSITION SEEING NONE.
COMMITTEE MEMBERS. QUESTIONS,
COMMENTS ASSEMBLYMEMBER'S SALIH.
YEAH, I HAVE SOME QUESTIONS
ABOUT THIS. SO MY UNDERSTANDING
IS THIS IS LIKE THE SPEAK NOW OR
FOREVER HOLD YOUR PEACE LAW,
RIGHT? I MEAN, YOU'RE BASICALLY
SAYING UNLESS A RATEPAYER
TAXPAYER SPECIFICALLY OBJECTS
WITH THE EXACT LEGAL ISSUE
DURING THE RATE MAKING PROCESS,
THEY'LL BE FORECLOSED FROM
BRINGING A LAWSUIT IN COURT
LATER. IS THAT ESSENTIALLY MY
UNDERSTANDING OF THIS BILL? I'LL
LET I WOULD TAKE EXCEPTION WITH
SPEAK NOW OR FOREVER HOLD YOUR
PEACE, BUT I WILL LET THE
TECHNICAL ASPECTS GO TO THE
SPONSOR. SO WHEN WE DRAFTED THIS
BILL, I WILL MAKE NOTE THAT THIS
IS NOT A NEW OR NOVEL CONCEPT IN
ANY WAY. IN FACT, EXHAUSTION
PROCEDURE ARE A COMMON PRACTICE
AND ADMINISTRATIVE AGENCY
DECISIONS. FOR EXAMPLE, SEQUA
HAS A SIMILAR REQUIREMENT, ONE
THING TO NOTE IS WHAT WE ARE
DOING HERE IS NOT JUST PLACING
OBLIGATIONS ON RATEPAYERS. WE
ARE RAISING THE BAR IN TERMS OF
WHAT IS REQUIRED DURING THE RATE
MAKING PROCESS. SO FOR EXAMPLE,
UNDER PROP 218 YOU ARE REQUIRED.
THE AGENCY IS REQUIRED TO
CONSIDER ALL OBJECTIONS. THIS
BILL WOULD REQUIRE FOR THE
AGENCY TO BE AFFORDED THIS
EXHAUSTION. DEFENSE THE
REQUIREMENT TO RESPOND IN
WRITING TO ALL COMMENTS RECEIVED
PRESENT THOSE TO THE BOARD.
BECAUSE THE REAL CRITICAL ASPECT
OF THIS BILL IS YOU'RE TRYING TO
PRESENT ALL OBJECTIONS AND ALL
AGENCY RESPONSES TO THE BOARD AT
THE TIME THAT THEY HAVE THE
OPPORTUNITY TO ADDRESS,
HOPEFULLY RESOLVE, OR AT LEAST
CREATE A BETTER ADMINISTRATIVE
RECORD IN THE EVENT OF
LITIGATION. SO IS THAT A YES,
THAT IF YOU DON'T IF A RATEPAYER
DOESN'T MAKE THE OBJECTION
DURING THE RATE MAKING PROCESS,
THEN THEY CAN NEVER BRING A
LAWSUIT CHALLENGING, DEPENDING
ON WHAT THE OBJECTION IS. SO IF
THE OBJECTION IS RELATED TO A
FAILURE ON THE PART OF THE
AGENCY, THEY GET THAT RIGHT NO
MATTER WHAT. RIGHT? SO IF THE
AGENCY HAS FAILED IN SOME WAY,
THEN NO, IT'S NOT A SPEAK NOW OR
FOREVER HOLD YOUR PEACE. IT'S
JUST THAT IF YOU'RE RAISING AN
OBJECTION, THAT COULD HAVE BEEN
DEALT WITH IN ADVANCE, THEN YOU
SHOULD SPEAK. YOU SHOULD SAY
THAT'S THAT. THAT'S THE TIME
PERIOD THAT'S ALLOWED US TO
SAYING THERE'S AN ISSUE HERE,
AND TO, YOU KNOW, THE OPPOSITION
NOTED THAT IT'S JUST A POSTCARD
THAT YOU GET TRUE THE
NOTIFICATION IS A POSTCARD, BUT
IT POINTS TO DETAILED
INFORMATION THAT IS AVAILABLE AT
WHATEVER AGENCY THAT IS. MY I
JUST WANTED TO ESTABLISH. YES.
SO THE ANSWER IS YES. YOU. IF
YOU DON'T OBJECT, YOU WILL LOSE
THE ABILITY TO NOT IN ALL CASES.
SO PARTIALLY TRUE. OKAY, BUT
WHAT IF YOU, WHAT IF THEY
MISCALCULATE THE RATE? WHAT IF.
BECAUSE YOU'RE ONLY SUPPOSED TO
COLLECT FEES TO REIMBURSE FOR
COSTS, YOU CAN'T MAKE A PROFIT,
FOR EXAMPLE, AND TRANSFER IT TO
THE CITY'S COFFERS, WHICH
HAPPENS WITH A LOT OF PUBLIC
UTILITIES. RIVERSIDE COUNTY OR
RIVERSIDE CITY, WHICH I
REPRESENT IN A LAWSUIT, GOT
DINGED BECAUSE THEY WERE TAKING
SURPLUS MONEY FROM THEIR
UTILITIES AND DUMPING IT INTO
THE CITY COFFERS. SO YOU'RE ONLY
SUPPOSED TO BE CHARGING FOR HARD
COSTS. SO IF THAT CALCULATION IS
NOT DONE CORRECTLY, YOU WOULD
HAVE TO OBJECT TO THAT. BUT
THAT'S AGAINST THE LAW. THEY'RE
NOT ALLOWED TO DO THAT. SO THERE
IS A REMEDY FOR THAT. YOU'D
STILL BE ABLE TO SUE FOR THAT.
THE BILL MAKES CLEAR IF THERE IS
A MISAPPROPRIATION OF FUNDS. YES
YOU CAN SUE. OKAY. BUT THIS IS
CALCULATION. WELL, YOU WOULD IF
THERE WAS AN OBJECTION THAT THE
RATES DO NOT COMPLY WITH THE
SUBSTANTIVE LIMITATIONS OF PROP
218. THAT IS WHAT IT LIMITS THE
CAUSE OF. THAT'S WHAT. SO WHAT
IF I MOVE INTO THIS AREA AFTER
THE RATE HAS BEEN ADOPTED. SO I
JUST BECAUSE I WAS NOT LIVING
THERE AT THE TIME, EVEN THOUGH
I'M PAYING THE MONTHLY FEES, I
CAN'T BRING A LAWSUIT. IS THAT
CORRECT? COUNSEL IF YOU MOVED
INTO A PROPERTY AND RATES HAD
BEEN ADOPTED AND YOU HAD A
PROBLEM WITH THE RATES, AND IT
WAS AFTER THE 120 DAY
LIMITATIONS PERIOD, WHICH HAS
ALREADY EXISTING LAW, YOU WOULD
NOT BE ABLE TO LITIGATE AGAINST
THOSE RATES. AND THAT'S BECAUSE
THE LIMITATIONS PERIOD IS TO
PROTECT THE STABILITY OF THE
REVENUE NEEDED TO PROTECT THAT
INFRASTRUCTURE. AND SO, NO, YOU
WOULDN'T BE ALLOWED. AND THAT'S
AS A RESULT OF THE STATUTE OF
LIMITATIONS ALONE. OKAY. LET ME
JUST ONE LAST QUESTION FOR
HOWARD JARVIS. DO YOU DO YOU SEE
THIS STATUTE AS VIOLATING PROP
218, THE SPIRIT IF NOT THE
LETTER? I MEAN, OUR MAIN CONCERN
HERE IS, AGAIN THAT YOU WOULDN'T
THERE'S NOTHING IN THIS BILL TO
REQUIRE THE AGENCY TO PRESENT A
RATE STUDY OR A METHODOLOGY OR
ANYTHING WITHIN THIS 45 DAY
PERIOD, SO YOU DON'T KNOW WHAT
YOU'RE OBJECTING TO WITHIN THE
45 DAY PERIOD. YOU CANNOT MAKE A
SPECIFIED OBJECTION. AND IF YOU
CAN'T DO THAT, THAT REALLY
LIMITS YOUR LEGAL RECOURSE GOING
FORWARD, BECAUSE YOU CAN ONLY
BRING FORTH OBJECTIONS THAT
YOU'VE OBJECTED TO IN THE 45
DAYS. DOES IT CHANGE THE BURDEN
IN COURT? YOU'RE SAYING UNDER
CURRENTLY, IF YOU BRING A
CHALLENGE, THE BURDEN IS ON THE
AGENCY TO PROVE THAT IT WAS,
WELL, I WANT TO CLARIFY THE
RECORD IF THROUGH THE CHAIR, OF
COURSE, THAT THE RATES AND THE
RATE STUDY IS ALREADY DONE, THE
INFORMATION IS ALREADY AVAILABLE
WHEN THE POSTCARD, THE NOTICE IS
THAT I WANT TO CHANGE THE RATES,
AND THIS IS WHAT I'M CHANGING
THEM TO. AND THEN THERE'S A
WHOLE SET OF DOCUMENTS THAT ARE
NOT ON THE POSTCARD, BUT WHERE
THEY CAN GO GET THOSE DOCUMENTS,
THEY CAN, REQUEST. I KNOW IN OUR
AREA I BELIEVE THIS IS STANDARD
STATEWIDE THAT YOU CAN REQUEST
THOSE DOCUMENTS BE SENT TO YOU,
BUT THEY ALSO ARE AVAILABLE FOR
INSPECTION AT THE JURISDICTION
AS WELL AS ONLINE. SO YOU HAVE
TO GO. IT'S AVAILABLE TO YOU.
YES. BUT WE IT'S CHEAPER TO SEND
YOU A POSTCARD AND TELL YOU THAT
IT EXISTS. AND THIS IS WHAT'S
HAPPENING. AND GIVING YOU NOTICE
THAN IT IS TO SEND YOU AN ENTIRE
DEAL. YES. AND SO THAT'S NOT
REQUIRED BY LAW. AND THIS
DOESN'T CHANGE THAT. BUT I WOULD
LIKE TO NOTE IN REGARD TO YOUR
CONCERNS, TWO THINGS HAPPEN WITH
THIS LAW. ONE, AS WAS NOTED
THROUGH TESTIMONY, IS THAT THE
STANDARD HAS RAISED RIGHT NOW. A
RATEPAYER COULD SUBMIT AN
OBJECTION AND WE AS THE
JURISDICTION, WHOEVER IS THE
GOVERNING BODY CAN SAY, OKAY,
THANK YOU. AND THAT'S IT. NOW
THEY ARE REQUIRED TO RESPOND. SO
BEFORE THERE IS NO RESPONSE,
THEY JUST HAVE TO TAKE IT INTO
CONSIDERATION AS THEY CONSIDER,
YOU KNOW, THE OBJECTIONS
RECEIVED. BUT NOW THEY ARE
REQUIRED TO RESPOND TO EVERY
SINGLE OBJECTION. AND THEN NOW
IT ALSO ALLOWS THAT IF WE'VE
GONE THROUGH THIS OPEN PROCESS
WHERE WE ARE BACK AND FORTH,
DIALOGING ABOUT A PARTICULAR
OBJECTION OR CONCERN, IT SAYS
USE THAT PROCESS VERSUS
LITIGATING LATER AFTER THE FACT,
HAVING NEVER RAISED THAT
CONCERN. IF YOU DO THAT DURING
THAT PROCESS, THEN THE RATE
COULD ACTUALLY CHANGE. OR IF
THERE IS AN ISSUE, IT COULD BE
ADDRESSED, RIGHT? NO, I GET IT.
IT'S LIKE A SAFE HARBOR THING,
BUT BUT SO I WANT TO JUST ASK
THE ATTORNEY. SO DOES THIS BILL
CHANGE THE BURDEN IN COURT
BECAUSE YOU'RE SAYING INITIALLY
THE BURDEN IS ON THE AGENCY,
WOULD THIS CHANGE THOSE BURDENS
OR WOULD BE THE SAME? ABSOLUTELY
NO CHANGE IN THE BURDEN OF
PROOF. THE BURDEN OF PROOF
REMAINS ON THE DEFENDANT AGENCY
TO SHOW THAT ITS RATES COMPLY
WITH PROP 218, AND THIS ENHANCED
RATEPAYER ENGAGEMENT PROCESS
DEVELOPS A BETTER ADMINISTRATIVE
RECORD TO SHOW THE ISSUE THAT
WAS RAISED, THE AGENCY'S
RESPONSE, AND THAT COULD
RESPONSE COULD BE A BETTER
EXPLANATION OF THE RATES AND
THAT THE OBJECTION ISN'T REALLY
A REAL OBJECTION. IT JUST NEEDS
A BETTER EXPLANATION. IT'S NOT
CHANGING THE BURDENS, JUST
CHANGING WHO CAN BRING A
CHALLENGE. AT AT A LATER AFTER
THE RATES BEEN ADOPTED? YEAH. IT
JUST REQUIRES ADVANCE NOTICE OF
WHAT THE AGENCY IS GOING TO
DEFEND AGAINST. OKAY, I DON'T
HAVE ANY MORE QUESTIONS. MR.
CHAIR. THANK YOU. THANK YOU. ANY
OTHER COMMITTEE MEMBER QUESTIONS
? COMMENTS? NO. ASSEMBLY MEMBER
WILSON, WOULD YOU LIKE TO CLOSE?
THANK YOU SO MUCH, BY PROMOTING
EARLY AND MEANINGFUL DIALOG
BETWEEN PUBLIC AGENCIES AND
RATEPAYERS, THIS BILL LAYS THE
GROUNDWORK FOR MORE EQUITABLE
AND EFFECTIVE WATER AND SEWER
SEWER SERVICE RATES IN
CALIFORNIA. I APPRECIATE THE
DIALOG AS WELL AS THE TESTIMONY,
BOTH IN SUPPORT AND OPPOSE IN
OPPOSITION TO THIS BILL, I
RESPECTFULLY ASK FOR YOUR AYE
VOTE. THANK YOU. IS THERE A
MOTION TO MOVE? SECOND, FIRST
AND A SECOND, THANK YOU FOR
PRESENTING YOUR BILL TODAY WILL
BE SUPPORTING IT, MADAM
SECRETARY, PLEASE CALL THE ROLL.
THE MOTION IS DUE. PASS. CARILLO
CARILLO I WALDRON. SALIH. NO.
SALIH. NO. HANEY A HANEY I
CHOLERA A CHOLERA I PACHECO I
PACHECO I RAMOS I. RAMOS I WARD.
WILSON I. WILSON I. ALL RIGHT,
THANK YOU. THE BILL IS DODD WILL
LEAVE THE ROLE OPEN FOR THE
MEMBERS TO ADD ON. OKAY AND.
AGENDA ITEM NUMBER TEN ALSO BY
ASSEMBLY MEMBER WILSON AB 2781.
WHENEVER YOU'RE READY. AGAIN,
THANK YOU, MR. CHAIR. AND
MEMBERS, I'M HERE TO PRESENT AB
2791. THIS BILL WOULD ALLOW
LOCAL GOVERNMENTS TO CHOOSE TO
ENACT AN ORDINANCE TO RESTRICT
THE OPERATIONS OF SIDEWALKS
WITHIN 250FT OF A FAIRGROUND
DURING THE TIME OF THEIR ANNUAL
FAIR. CALIFORNIA FAIRGROUNDS
CURRENTLY PROVIDE 30,000
PERMANENT JOBS AND GENERATE MORE
THAN 3.5 BILLION IN ANNUAL
ECONOMIC ACTIVITY, WHILE
CONTRIBUTING OVER 200 MILLION IN
TAX REVENUE TO LOCAL AND STATE
GOVERNMENTS. ANNUAL FAIRS ALONE
DRAW NEARLY 10 MILLION
ATTENDEES, HIGHLIGHTING THEIR
IMPORTANCE TO LOCAL ECONOMIES
AND COMMUNITIES. FAIR BOARDS
FACE CONSIDERABLE PRESSURE TO
MAINTAIN PROFITABILITY,
ESPECIALLY GIVEN THE REDUCED
STATE FUNDING. SINCE 2011. 2012.
BUDGET. EFFECTIVE VENDOR
MANAGEMENT. DURING HIGH TRAFFIC
EVENTS LIKE ANNUAL FAIRS IS
CRUCIAL. IN 2018, SB 946 LIMITED
LOCAL GOVERNMENT REGULATION OF
SIDEWALK VENDORS EXCEPT NEAR
FARMER MARKETS OR FLEA MARKETS.
SINCE THEN, THERE HAS BEEN AN
UPTICK IN UNREGULATED SIDEWALK
VENDING AROUND CALIFORNIA'S
FAIRGROUNDS. DURING THEIR ANNUAL
FAIR, AB 2791 GIVES LOCAL
GOVERNMENTS THE POWER TO TAILOR
DECISIONS TO THEIR COMMUNITIES,
OFFERING A TOOL TO IMPROVE
OPERATIONAL STRATEGIES DURING
SIGNIFICANT LOCAL EVENTS SUCH AS
FAIRS. THE PROPOSED ORDINANCE
WOULD BE ACTIVE ONLY DURING THE
DAYS THE FAIRGROUNDS ARE HOSTING
THE ANNUAL FAIRS. THIS TARGETED
APPROACH ENSURES THE ORDINANCE
DOES NOT OVEREXTEND BEYOND THE
NECESSARY TIMES. AB 2791
RESPONDS TO A DIRECT NEED FOR
LOCAL AUTONOMY AND MANAGING
SIGNIFICANT COMMUNITY EVENTS. BY
SUPPORTING AB 2791, WE CAN
PROTECT THE INTEREST OF LOCAL
BUSINESSES AND MAINTAIN THE
CULTURAL AND ECONOMIC INTEGRITY
OF CALIFORNIA CHERISHED ANNUAL
FAIRS, I HAVE WITH ME TODAY AS
MY WITNESS, LOUIS BROWN,
REPRESENTING THE WESTERN FAIRS
ASSOCIATION. GOOD AFTERNOON, MR.
CHAIR. MEMBERS OF THE COMMITTEE,
LOUIS BROWN, ON BEHALF OF
WESTERN FAIRS ASSOCIATION, THE
CALIFORNIA FAIRS ALLIANCE, I'M
ASKED TO SEND THE REGARDS OF
PATRICIA CONKLIN, WHO IS THE
MANAGER OF THE DIXON MAYFAIR,
WITHIN MRS. WILSON'S DISTRICT
THAT BROUGHT THIS ISSUE TO MISS
WILSON'S ATTENTION, SHE IS DOING
A STAFF TRAINING TODAY BECAUSE
HER FAIR OPENS NEXT WEEK, SO
SHE'S A LITTLE OBLIGATED. BUT I
WANT TO THANK YOU FOR THE
OPPORTUNITY TO PRESENT AB 2191
AND ASK FOR YOUR VOTE. THIS IS
AN IMPORTANT MEASURE THAT WE'VE
BEEN DEALING WITH ACROSS THE
STATE, WITH OUR 76 FAIRGROUNDS
ACROSS THE STATE, BUT ALSO, MORE
IMPORTANTLY, IN ADDITION TO OUR
VENDOR MEMBERS THAT USE THE
CALIFORNIA FAIR NETWORK FOR
THEIR LIVELIHOOD, MANY SMALL
BUSINESS OPERATORS, UTILIZE THE
FAIRGROUNDS FOR THIS PURPOSE.
AND WHETHER THEY'RE SELLING YOU
A HOT DOG ON A STICK, A FRIED
TWINKIE OR WHATEVER IT MIGHT BE,
THIS IS WHERE THEY GO AND MAKE
THEIR LIVELIHOOD. AND SO IT IS
IN THEIR INTEREST THAT WE'RE
ASKING YOU TO HELP SUPPORT. THE
BILL IS ALSO THE LOCAL COMMUNITY
GROUPS THAT UTILIZE THAT FAIR
FOR FUNDRAISING OPPORTUNITIES.
AND WE BELIEVE THAT THIS WILL
GIVE THEM THAT OPPORTUNITY TO
CONTINUE TO DO THAT. AND THEN
FINALLY, THERE IS A PUBLIC
SAFETY MEASURE THAT IS ADDRESSED
BY THIS BILL, ESPECIALLY WHEN WE
SEE LARGE NUMBER OF STREET
VENDORS CONGREGATING BY OUR
PARKING LOTS, WITH LARGE NUMBERS
OF CARS COMING IN AND LEAVING,
HAD A SIGNIFICANT PERIOD OF
TIME. WE BELIEVE THAT THIS IS IN
THE BEST INTEREST OF OUR
PATRONS, THE VENDORS AND OTHERS
WHEN IT COMES TO PUBLIC SAFETY.
SO FOR THOSE REASONS, WE'LL ASK
FOR AN AYE VOTE AND AVAILABLE
FOR ANY QUESTIONS. THANK YOU,
THANK YOU. ANYBODY IN THE ROOM
THAT WANTS TO BE ADDED ON IN
SUPPORT? HOW ABOUT ANY PARAMEDIC
WITNESSES IN OPPOSITION SEEING
NONE. COMMITTEE MEMBERS
QUESTIONS COMMENTS. ASSEMBLY
MEMBER KALRA THANK YOU. THANK
YOU, MR. CHAIR, AND I APPRECIATE
THE AUTHOR BRINGING THIS
FORWARD. I APPRECIATE THE NARROW
NATURE OF IT, I UNDERSTAND THAT
WHILE THE STATE FAIR IS GOING
ON, A LOT OF VENDORS PAY A LOT
OF MONEY TO BE THERE AND SELL
THEIR WARES AND THEIR FOOD AND
WHAT HAVE YOU. I ALSO KNOW THAT,
OVER THE YEARS, CERTAINLY IN MY
JURISDICTION, THERE'S BEEN A LOT
OF TENSION AND WE'VE RELAXED
SOME OF THE RULES THAT HAVE
LIMITED WHERE STREET VENDORS CAN
GO, BECAUSE A LOT OF PEOPLE RELY
ON THAT FOR THEIR LIVELIHOOD.
AND WE WANT TO MAKE SURE WE
DON'T. WE'RE NOT OVERLY,
RESTRICTIVE, ON STREET VENDORS.
SO I, YOU KNOW, I THINK THEY ADD
A LOT TO OUR CULTURE. CERTAINLY
AND THEY'RE ALL SMALL BUSINESS
OWNERS AS WELL. SO I APPRECIATE
THE FACT THAT IT'S NARROW TO
WHEN THE FAIR IS HAPPENING. I
ALSO APPRECIATE THE COMMITTEE
AMENDMENTS, ADDING THE
SPECIFICITY OF THE DISTANCE.
OTHERWISE, WHENEVER YOU ADD THAT
VAGUENESS, YOU KNOW, THAT CAUSES
PROBLEMS AT A LOCAL LEVEL.
THEY'RE LIKE, WHERE DID THE
STATE REALLY MEAN? RIGHT YOU
KNOW, SO, THE SPECIFICITY, I
THINK ALSO HELPS A LOT. SO I
WILL CERTAINLY BE SUPPORTING IT.
AND JUST, YOU KNOW WHAT, IN THIS
CASE, I THINK THAT WITH THE
NARROWNESS IS FINE, BUT I WOULD
CAUTION, ADDING MORE AND MORE
CATEGORIES TO WHERE STREET
VENDORS CAN OR CAN'T BEND AS
LONG AS THEY'RE ABIDING BY LOCAL
JURISDICTION, BY LOCAL
ORDINANCES AND LOCAL RULES, BUT
IN THIS CASE, I THINK THAT IT'S
DONE IN AN APPROPRIATELY NARROW
WAY. THANK YOU. ABSOLUTELY AND
JUST TO COMMENT, IF I COULD,
THROUGH THE CHAIR IS THAT, YOU
KNOW, SB 946 DID THAT LIMITATION
AND IT WAS NARROW. AND I Tð
THINK WE SHOULDN'T ADD LOTS OF
PLACES AND I FEEL LIKE WITH THE
WITH THE FAIRGROUNDS DERM, BEING
A FAIR ADDS TO THE SPIRIT OF
WHAT WE SAW WITH FARMERS MARKETS
AND FLEA MARKETS, WHICH IS WHY
THEY HAD THAT EXCEPTION. AND SO
I THINK THAT THAT BECAUSE IT'S
NARROWED TO FAIRGROUNDS, ONLY
WHEN A FAIR IS OPERATING ADDS TO
THE SAME SPIRIT OF THAT. AND AS
NOTED, YOU KNOW, APPRECIATE, THE
CHAIR'S PERSPECTIVE AS WELL AS
THE COMMITTEE STAFF THAT WORKED
ON THESE AMENDMENTS THAT EVEN
ALLOWS FOR THAT VERY MUCH
DEFINED BY LAW, A CERTAIN AMOUNT
OF FEET, 250FT, INSTEAD OF IT
BEING VAGUE TO WHERE YOU CAN
HAVE THAT FRICTION, AND THEN
MAYBE NOT ENFORCEMENT, BECAUSE
WHO WANTS TO GET THEIR HANDS
SLAPPED AND SO I THINK THAT, YOU
KNOW, WITH THE SUPPORT OF THE
CHAIRS, AND THE CHAIRS AND THE
COMMITTEE STAFF, I THINK WE'VE
GOTTEN TO A REALLY GREAT PLACE
THAT FOLLOWS THE SPIRIT OF THE
ORIGINAL BILL WITHOUT SETTING A
PRECEDENT TO EVERY YEAR GET A
BILL WHERE A NEW PLACE IS ADDED.
ASSEMBLYMEMBERS ELLIOTT.
QUESTIONS? COMMENTS? I WAS JUST
GONNA SAY, UNLIKE YOUR LAST
BILL, I SUPPORT THIS BILL. I
THINK IT SHOULD BE BROADER. I,
YOU KNOW, I THINK VENDORS SHOULD
BE REGULATED LIKE EVERYONE ELSE
FOR SAFETY REASONS. AND I ALSO
HEAR FROM A LOT OF SMALL
BUSINESS OWNERS WHO HAVE TO HAVE
THE EXPENSE OF BRICK AND MORTAR
CITY PERMITS AND THAT UNDERGO A
LOT OF OTHER EXPENSES TO RUN A
BUSINESS. AND THEY THINK IT'S
NOT FAIR IF SOMEONE'S UNLAWFULLY
OPERATING A STREET VENDOR. SO I
SUPPORT THE BILL. THANK YOU. ANY
OTHER COMMITTEE MEMBERS WITH
QUESTIONS, COMMENTS? HOW ABOUT A
MOTION? WE HAVE A FIRST AND A
SECOND. WOULD YOU LIKE TO CLOSE
ASSEMBLY MEMBER WILSON. THANK
YOU. I WOULD JUST LIKE TO NOTE
AS THE TESTIMONY WAS, AS THE
DIXON MAYFAIR IS CELEBRATING 147
YEARS OF ITS EXISTENCE THIS YEAR
, AND IT'S IN MY DISTRICT AND
PROUD TO BE ABLE TO PARTICIPATE
IN THE PARADE THIS YEAR. AND BY
SUPPORTING THIS BILL, YOU ARE
SUPPORTING THE CONTINUED EFFORTS
OF THAT PARTICULAR FAIR. AS
OTHER FAIRS ACROSS THIS GREAT
STATE. WE REQUIRE THEM TO BE
SELF-FUNDING, TO BE
SELF-SUSTAINABLE. AND SO THIS
GOES TO ENSURE THAT. AND SO I
RESPECTFULLY ASK FOR YOUR I VOTE
AND YOU DO ACCEPT THE
AMENDMENTS. ABSOLUTELY THANK
YOU. ASSEMBLY MEMBER. I
APPRECIATE YOUR WORK AND THE
WORK OF YOUR STAFF AND SPONSOR
ON THIS BILL. AND YOUR
COLLABORATION WITH THE COMMITTEE
TO ADDRESS MY CONCERNS. THANK
YOU FOR THAT. WITH THE
AMENDMENTS, I AM PLEASED TO
SUPPORT YOUR BILL. THE MOTION IS
TO PASS THIS AMENDMENT.
SECRETARY, PLEASE CALL THE ROLL.
THE MOTION IS TO PASS AS
AMENDED. CARILLO Ã. CARILLO I.
WALDRON. WALDRON I IS SALLY I
SALLY I HANEY I HANEY I CHOLERA.
CHOLERA I PACHECO. PACHECO I
RAMOS. WARD WILK THÀNH I WILSON
I THANK YOU. THE BILL IS SOD
WILL LEAVE THE ROLE OPEN FOR THE
MEMBERS TO ADD ON. WE DO HAVE
ONE LAST ITEM ON THE AGENDA.
ASSEMBLYMEMBERS SILVA IS ON HER
WAY. IN THE MEANTIME, CAN WE
TAKE CARE OF THE CONSENT
CALENDAR, PLEASE? CARILLO, WE
NEED A MOTION. THAT'S RIGHT.
SORRY WELL, FIRST AND A SECOND,
I CARILLO I, WALDRON. WALDRON, I
A SALLY. SALLY, I HANEY HANEY I
CHOLERA, CHOLERA I PACHECO I
CHICO I RAMOS. HI RAMOS I WARD
WILSON I WILSON I. CONSENT
CALENDAR I WILL LEAVE THE ROLE
OPEN FOR THE MEMBERS TO ADD ON
AND WE HAVE AGENDA ITEM 12. A B
3130 BY ASSEMBLY MEMBER
QUIRK-SILVA. WHEN YOU'RE READY,
PLEASE. GOOD AFTERNOON, MR.
CHAIR AND COLLEAGUES, I WOULD
LIKE TO BEGIN BY THANKING THE
CONSULTANTS FOR WORKING ON THIS
BILL AND I ACCEPT THE
COMMITTEE'S RECOMMENDED
AMENDMENTS. AND DARE I SAY, THIS
IS A SIMPLE BILL, BUT IT IS
PRETTY STRAIGHTFORWARD. TODAY I
PRESENT ASSEMBLY BILL 3130,
WHICH PROMOTES TRANSPARENCY AND
ACCOUNTABILITY BY MANDATING THAT
BOARDS OF SUPERVISORS DISCLOSE
SPECIFIED RELATIONSHIPS BEFORE
DISTRIBUTE, DISTRIBUTING PUBLIC
FUNDS TO NONPROFIT
ORGANIZATIONS. CONFLICT OF
INTEREST LAWS ARE BASED ON THE
PRINCIPLE THAT GOVERNMENT
OFFICIALS MUST PRIORITIZE THE
PUBLIC INTEREST OVER ANY OTHER
CONSIDERATIONS. CURRENT LAW
PROHIBITS A PUBLIC OFFICIAL FROM
PARTICIPATING IN GOVERNMENTAL
DECISIONS THAT WILL AFFECT THEIR
PERSONAL FINANCES. THESE
INSTANCES CREATE A POTENTIAL FOR
BIAS DECISION MAKING, FAVORING
THE OFFICIAL'S PERSONAL
FINANCIAL CONCERNS OVER THE
WELFARE AFFAIR OF THE PUBLIC BY
BARRING OFFICIALS FROM
PRIORITIZING FINANCIAL GAIN OVER
THE PUBLIC GOOD, CONFLICT OF
INTEREST LAWS HELP ENSURE
FAIRNESS AND ACCOUNTABILITY AT
ALL LEVELS OF GOVERNMENT. AB
3130 IS A GOOD GOVERNMENT BILL
THAT UPHOLDS TRUST, INTEGRITY
AND FAIRNESS IN THE DISTRIBUTION
OF PUBLIC FUNDS WHILE PROMOTING
ETHICAL CONDUCT AMONG AMONG
MEMBERS OF BOARDS OF SUPERVISORS
. THANK YOU AND I DON'T SEE ANY
PARAMETER WITNESSES. WOULD
ANYBODY IN THE ROOM THAT WANTS
TO BE ADDED IN SUPPORT? HOW
ABOUT ANY PRIMARY WITNESSES IN
OPPOSITION SEEING NONE.
COMMITTEE MEMBERS ANY QUESTIONS
COMMENTS. SECOND, WE HAVE A
FIRST AND A SECOND. WOULD YOU
LIKE TO CLOSE RESPECTFUL ASK FOR
AN AYE VOTE. AND YOU DO ACCEPT
COMMITTEE AMENDMENTS? YES. THANK
YOU FOR YOUR EFFORTS ON THIS
BILL AND FOR WORKING WITH THE
COMMITTEE ON AMENDMENTS. I AGREE
THAT ACTUAL POTENTIAL CONFLICTS
OF INTEREST FOR THE MEMBERS OF
THE COUNTY BOARD OF SUPERVISORS
SHOULD BE DISCLOSED TO THE
PUBLIC AND TO FELLOW BOARD
MEMBERS. I WILL BE SUPPORTING
THE BILL. WE DO HAVE A MOTION
AND MOTION IS DO PASS AS
AMENDED. SECRETARY, PLEASE CALL
THE ROLL. THE MOTION IS TO PASS
AS AMENDED. CARILLO I REAL I
WALDEN, WALDEN I IS SALLY A
SALLY I HANEY I HANEY I CORRE
CORRE I PACHECO I CHECO I RAMOS
RAMOS I WARD WILSON WILSON I.
THE BILL IS SORT WILL LEAVE THE
ROLE OPEN FOR THE MEMBERS TO ADD
ON THANK YOU CONGRATULATIONS.
THANK YOU THANK YOU MEMBERS.
THAT WAS THE LAST ITEM ON THE
AGENDA. BUT WE HAVE SOME VOTES
THAT NEED TO BE RECORDED, IF YOU
WANT TO GO OVER THE LIST, AB
1819 IS A DO PASS AS AMEND COBRA
. COBRA. YES COBRA. COBRA I
RAMOS RAMOS I WILSON WILSON I.
THE BILL IS OUT EIGHT ZERO. AB
2257. THE MOTION WAS BY PACHECO.
SECOND BY CARRA. IT WAS A Dð
PASS. WALDRIP WALDRON. NO THE
VOTE IS NOW SIX TWO. THE BILL IS
SAU AT SIX TWO. AB 2457 IS A
MOTION WAS BY PACHECO, SECOND BY
WILSON WAS A Dð PASS, AS AMENDED
. COBRA COBRA I RAMOS RAMOS I
WARD. 7171. THE BILL IS THIRD
WILL LEAVE THE ROLL OPEN FOR
OTHER MEMBERS TO ADD ON AB 2590
NEED A MOTION. THE BILL SECOND.
THE MOTION IS BY RAMOS. SECOND
BY WILSON. DO PASS AS AMENDED.
CARILLO Ã. CARILLO I. WALDRON.
WALDRON I IS SALLY A SALLY I
HANEY I HANEY I CORRE CORRE I
PACHECO I PACHECO I RAMOS RAMOS
I WARD WILSON, WILSON I THE BILL
IS SAU EIGHT ZERO. WE LEAVE THE
ROLL OPEN FOR OTHER MEMBERS TO
ADD ON. AB 2715 THE MOTION WAS
BY WILSON, SECONDED BY WALDRON.
THE MOTION IS Dð PASS. COBRA A
COBRA I RAMOS. RAMOS I WARD. THE
BILL IS OUT SEVEN ZERO. LEAD THE
ROLL OPEN FOR THE MEMBERS TO ADD
ON AB 2791. THE MOTION WAS BY
PACHECO. SECOND BY ESTELE DO
PASS AS AMENDED. RAMOS. RAMOS I
WARD. THE BILL IS SORRY, SIR. WE
LEAVE THE ROLL OPEN FOR THE
MEMBERS TO ADD ON AB 3130. WE
ARE DONE. WE'RE GOING TO LEAVE
THE ROLL OPEN FOR ASSEMBLY
MEMBER WARD TO ADD ON
.
MADAM SECRETARY, PLEASE CALL THE
ROLL CONSENT CALENDAR. CONSENT
CALENDAR. WARD. WARD I 9090.
BILLS OUT. THE BILLS ARE OUT. AB
1819. DO PASS AS AMENDED. WARD
A, WARD. I NEED A VOTE. NINE
ZERO. THE BILL IS OUT. AB 2257.
THE MOTION IS DUE. PASS. WARD A,
WARD I SEVEN TWO. THE BILL IS
OUT. AB 2457. THE MOTION IS DUE
PASS AS AMENDED. WARD A, WARD
I81. THE BILL IS OUT AB 2590.
THE MOTION IS DUE PASS AS
AMENDED. WARD. WARD I90. THE
BILL IS OUT AB 2715. THE MOTION
IS DUE PASS. WARD I8I80. THE
BILL IS OUT AB 2791. THE MOTION
IS DUE PASS AS AMENDED. WARD.
WARD I NINE ZERO. THE BILL IS
OUT AB 3130. THE MOTION IS DUE
PASS AS AMENDED. WARD WARD I90.
THE BILLS OUT AND THAT WAS IT.
AND WITH THAT WE ADJOURNED THE
MEETING. THANK YOU. ASSEMBLY
MEMBER WARWICK.