Which of the measures on the Governor’s desk should cities watch?

Oct 4, 2023

Politicians often like to make big decisions at the last minute and Gov. Gavin Newsom is no exception. But in his defense, he has around 700 bills to sign or veto. And he has been busy. Here are the remaining top bills cities should consider acting on before his constitutional deadline of Oct. 14.

Behavioral health care overhaul not yet signed

Changes to California's behavioral health care system are all but likely. But nothing is certain until the Governor signs it. This includes his signature policy proposal, SB 326 (Eggman), which would modernize the Mental Health Services Act to prioritize investments in housing interventions for individuals experiencing homelessness or at risk of homelessness.

Another measure by Sen. Susan Eggman, SB 43, would update California's 1967 conservatorship law by expanding the definition of "gravely disabled" to include conditions that result in an inability to provide for one’s personal safety or necessary medical care. The current law’s high threshold makes it difficult to provide treatment for people unable to care for themselves.

Cal Cities supports both measures.

Another year, another top-down housing bill

A bill that would extend a 2017 streamlined permitting law is also awaiting the Governor’s action. SB 423 (Wiener) would expand multifamily housing streamlining requirements, bypass the California Environmental Quality Act (CEQA), and allow the state to determine local building requirements.

The bill was sent to the Governor’s desk with minor amendments, none of which addressed the League of California Cities’ key concern: Doubling down on new, top-down, one-size-fits-all legislation every year will not get California out of its housing crisis. Ongoing funding for cities and strong state-city partnerships are the only way to keep residents off the streets and in their homes.

Potential progress on ambulance offload times and fentanyl

A lack of affordable housing is just one of the challenges facing the state. According to the Emergency Medical Services Authority, roughly 70,000 Californians wait over an hour to be moved to a hospital bed. This can lead to delays in care, poor pain control, delayed time to receive antibiotics, increased morbidity, and even mortality.

That could change in the coming years if the Governor signs AB 40 (Rodriguez) into law. The bill would establish a statewide standard for ambulance patient offload time and require a protocol to reduce ambulance patient offload time if needed.

The Governor is also considering a measure that would clamp down on illegal fentanyl. AB 701 (Villapudua) would add fentanyl to the list of controlled substances for large-scale dealers. Fentanyl is often disguised as other drugs, a trend that has sparked a dramatic increase in overdose-related deaths. Cal Cities supports both bills.

Combined impact of labor bills could halt public services

It could be harder could be harder for cities to deliver critical services next year. AB 504 (Reyes) would make sympathy striking a human right, allowing nearly any city employee to sympathy strike regardless of their job duties. AB 1484 (Zbur) would require cities to include temporary employees in the same bargaining unit as permanent employees upon request of the union.

The combined impact of these bills could lead to frequent, prolonged strikes that halt public services. During both primary and sympathy strikes, it would be harder for local agencies to utilize temporary employees and backfill positions to maintain essential public services. Temporary employees would be in the same bargaining unit as those on strike and unable to maintain public service during a dispute.

Cal Cities opposes the two measures.

Polishing up California's plastic laws

Last year’s landmark recycling law is set to get minor, but critical tweaks. Time constraints prevented Sen. Ben Allen from adding agreed-upon language to SB 54 (Allen). AB 1526, authored by the Assembly Committee on Natural Resources, would require plastic producers to schedule and remit funds owed to a local government to cover collection costs.

Another related bill by Sen. Allen, SB 665, would create a working group to develop a framework for evaluating single-use plastic alternatives. This would allow policymakers to more quickly consider and respond to new packaging types and forms as the state moves to a circular economy.

Cal Cities supports both measures.

Cycling bill ignores safety risks

Gov. Gavin Newsom has yet to act on a measure that would remove cities’ authority to prohibit cycling on certain sidewalks. Asm. Issac Bryan introduced AB 825 to reduce unnecessary stops of people of color. However, this measure would do so to the detriment of pedestrian safety.

AB 825 ignores well-documented safety risks associated with shared sidewalks. The bill’s author removed a series of safety provisions, including a set speed limit and a requirement that cyclists yield the right of way to pedestrians. Cyclists would not even need to use an auditory signal when passing from the rear, which is when the most dangerous collisions occur.

Cal Cities opposes AB 825.

Brown Act bill makes it to the Governor’s desk

A bill co-sponsored by Cal Cities, AB 557 (Hart), is also awaiting action from the Governor. The bill would eliminate the sunset provisions in AB 361 (R. Rivas, 2021). The Rivas measure allows cities to meet remotely during proclaimed states of emergency under modified Brown Act requirements. The Hart bill would also provide greater flexibility for agencies that meet on a fixed date every month by extending the SB 361 renewal period to 45 days.

Web domain bill is a solution in search of a problem

Does your agency’s website have a .gov domain? If not, get prepared to have one by 2029 if this bill becomes law. AB 1637 (Irwin) would require all local agencies to transition their web services to a .gov domain. This would come at a significant and unnecessary cost to local governments, as well as create confusion for residents. Crucially, it does not add any actual protection against cybersecurity threats.