The legislative session ends on September 10: Here’s what cities need to know

Housing bills, broadband funding, and an extension of Brown Act flexibility are some of Cal Cities’ top priorities.

On Monday, the Legislature returned from summer recess, kicking off a four-week sprint to the end of the session. Lawmakers have less than two weeks to get their bills through appropriations before they can be brought to the floor for a vote, and legislators are still hammering out the details of the state’s historic $262.2 billion budget. Here are the top things cities need to know for the next month.

Two top-down housing bills received significant amendments

Cities are committed to solving California’s housing crisis and are taking serious steps to reduce the high cost of housing while incentivizing affordable production. However, current legislative efforts, such as SB 9 (Atkins) and AB 215 (Chiu), threaten the ability of local governments to plan for the type of housing that’s needed in their communities, undermine local control and citizen engagement, and interfere with the significant work already underway to plan for more housing in our communities.

Both bills have been amended, with positive and negative impacts for cities. SB 9 — which would require a local government to ministerially approve a housing development containing two residential units in single-family residential zones — now narrowly allows cities to deny projects on CEQA-related concerns. Lawmakers also added language to SB 9 to help prevent speculative construction. AB 215 has been amended to remove the new, mid-cycle regional housing needs progress determination process, but the author also added language to greatly expand the California Department of Housing and Community Development’s enforcement-related actions.

A strong, united voice of opposition from all cities that affirms local government decision-making and community involvement in the housing planning and approval process is needed to prevent the passage of these two bills. League of California Cities President Cheryl Viegas Walker and Cal Cities Assistant Legislative Director Jason Rhine will hold a virtual call to action and briefing on both bills, as well as other harmful housing bills, next Tuesday at 2:30 p.m. Register today.

Two broadband measures could dramatically impact the state’s rural and urban communities

For years, Cal Cities has been fighting for much-needed state and federal funding for broadband infrastructure. This need was exacerbated by the pandemic, which demonstrated the persistent lack of quality, affordable broadband access facing many communities, both rural and urban. 

Although the state budget and the proposed Infrastructure Investment and Jobs Act — currently awaiting passage in the U.S. House of Representatives — contain significant funding for broadband, more action is needed to reverse years of underinvestment and create a more sustainable source of funding. This is not just an issue of economics, it is an issue of equity as well.  

Cal Cities strongly supports AB 14 (Aguiar Curry) and SB 4 (Gonzalez), two measures that prioritize the deployment of broadband infrastructure in unserved and underserved communities throughout California through the ongoing collection of the California Advanced Services Fund surcharge. The bills would also expand the definition of "unserved” to include areas with speeds slightly faster than dial-up, which is obsolete in an internet-driven economy. Both are at the final stages of the legislative process but need a final push to the Governor’s desk. Cities are encouraged to visit the Cal Cities Action Center for sample support letters for both of these measures.

Extended Brown Act flexibility is greatly needed

The Brown Act Executive Order is set to expire on September 30, and Cal Cities is focused on securing an extension of the Executive Order or other legislative solutions to allow for continued flexibility for local governments to safely conduct business meetings and deliver vital government services. The Executive Order was extended during the summer. However, that was before the fast-moving, highly infectious Delta variant created a third wave of infections raising concerns for cities and their ability to continue to safely hold public meetings.

Key budget details, including cap-and-trade, are still pending   

The budget bill signed by Governor Gavin Newsom in June contained funding for many of Cal Cities’ key priorities. For example, it included over $750 million to support affordable housing development and $1 billion to help cities address homelessness. It also contained significant investments in Project Roomkey and Homekey, as well as expanded, multi-year investments in programs to support unhoused residents. Cal Cities was also successful in advocating for additional dollars to help prepare for, fight against, and recover from wildfires, update local coastal plans to consider sea level rise, and develop urban climate resiliency programs.

One of the largest outstanding budget items is the cap-and-trade expenditure plan, which historically has directed funding to projects like wildfire mitigation and forest management, urban greening and forestry, and home hardening against wildfires. Details about cap-and-trade and other budget items are expected to be released soon.

The Cal Cities website has a list of upcoming legislative hearings on bills of interest to cities

Cal Cities maintains a list of upcoming legislative hearings on bills of interest every Wednesday. The list contains committee meeting times and locations, updates on priority bills, and links to advocacy letters. Over the next eight days, 10 priority bills are scheduled for hearings, including SB 9 (Atkins), AB 215 (Chiu), and SB 619 (Larid).