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CITY OF OAKLAND
A

16 JAN 25 PHk'kU
ONE FRANK H. OGAWA PLAZA 6 T H FLOOR OAKLAND, CALIFORNIA
Office of the City Attorney
Barbara J. Parker
City Attorney

9461 2

(510) 238-3601
FAX: (510) 238-6500
TTY/TDD: (510) 238-3254

February 4, 2016
RULES & LEGISLATION COMMITTEE
OAKLAND CITY COUNCIL
Oakland, California 94612
Re:

2015 Legislative Report (Selected Laws) from the City Attorney's

Office and State Lobbyist, Item No. 6 on the February 4, 2016, Rules
Committee Agenda

Dear Chairperson Gibson McElhaney and Members of the Committee:

The City Attorney's Office and the City's State Lobbyist, Townsend Associates,
prepared the attached list and synopses of selected new California laws of interest and
relevance to municipalities (Attachment A). This report is listed as Item No. 6 on the
February 4, 2016, Rules Committee agenda.
The compilation of laws in the attached list is based on a legislative list provided
by Townsend Associates and new laws listed in the League of California Cities 2015
Legislative Report.
Respectfully submitted,

BARBARA J. PARKER
City Attorney
Assigned Attorney:
Doryanna Moreno, Assistant City Attorney
Attachments
cc:

Mayor Libby Schaaf

Members of the City Council
Sabrina Landreth, City Administrator

1837668

ITEM NO. 6
RULES AND LEGISLATION COMMITTEE
2/4/2016

; M . , 1 >

OAfA A Mi

16 JAN 25 PH k- ii4

2015 State Legislative Session:

Selected Laws of Relevance or Interest to Municipalities

I.

Administrative Services
Elections

AB 277

(Hernandez. Roger D) California Voting Rights Act of 2001.

Status: 10/10/2015-Chaptered by Secretary of State - Chapter 724, Statutes of 2015. Summary:
Would amend the California Voting Rights Act of 2001 (CVRA) definition of "political subdivision" to
expressly include a charter city, charter county, or charter city and county. The bill would also state that
it is the intent of the Legislature in enacting this bill to codify the holding of the state courts regarding
the applicability of the CVRA to charter cities.

*AB 809

(Obernolte). Local Initiative Measures. Ballot Printing Specifications.

Chapter 337, Statutes of 2015
This measure requires that if a local ballot initiative imposes or raises the rate of a tax, the ballot
statement must include the amount to be raised annually and the rate of the tax to be levied.

AB 1461

(Gonzalez^. Voter Registration. California New Motor Voter Program.

Chapter 729, Statutes of 2015

This measure sets up the process that every eligible voter, who has a California driver's license or
identification card, to be registered to vote, unless they opt out. The process is to be coordinated by the
Department of Motor Vehicles (DMV) and the Secretary of State (SOS).

Public Records
AB 169

(Maienschein R) Local government: public records: Internet.

Status: 10/10/2015-Chaptered by Secretary of State - Chapter 737, Statutes of 2015.
Summary: Woudl, if a local agency, except a school district, maintains an Internet Resource, including,
but not limited to an Internet Web site, Internet Web page, or Internet Web portal, which the local
agency describes or titles as "open data," and the local agency voluntarily posts a public record on
that Internet Resource, would require the local agency to post the public record in an open format that
meets specified requirements, including, among others, that the format is able to be retrieved,
downloaded, indexed, and searched by a commonly used Internet search application.

SB 272

(Hertzbera D) The California Public Records Act: local agencies: inventory.

Status: 10/11/2015-Chaptered by Secretary of State - Chapter 795, Statutes of 2015.
Summary: Would require each local agency, except a local educational agency, in implementing the
California Public Records Act, to create a catalog of enterprise systems, as defined, to make the
catalog publicly available upon request in the office of the person or officer designated by the agency's
legislative body, and to post the catalog on the local agency's Internet Web site.

Page 1 /14

 Political Reform Act

AB 1544

(Coolev). Political Reform Act of 1974. Behested Payments.

Chapter 756, Statutes of 2015
This measure provides that payments made by a local, state, or federal governmental agency for a
principally legislative or governmental purpose is not required to be reported as a behested payment.

SB 21

(Hill D) Political Reform Act of 1974: gifts of travel.

Status: 10/10/2015-Chaptered by Secretary of State - Chapter 757, Statutes of 2015.
Summary: Would require a nonprofit organization that regularly organizes and hosts travel for elected
officials, as specified, and that pays for these types of travel for an elected state officer or local elected
officeholder to disclose the names of donors who, in the preceding year, both donated to the nonprofit
organization and accompanied an elected officer or officeholder for any portion of the travel, as
specified. The bill would require a person who receives a gift of a travel payment from any source to
report the travel destination on his or her statement of economic interests. This bill contains other
related provisions and other existing laws.

SB 704

(Gaines! Public Officers and Employees. Conflict of Interests. Contracts.

Chapter 495, Statutes of 2015
This measure adds the interest of an owner or partner of a firm, who serves on an uneiected board or
commission to a contracting agency, to the list of remote interests that are exempt from statutory
conflict of interest prohibitions. The measure requires that the person recuse themselves from advising
the contracting agency regarding the contract and from reviewing a project that results in a contract
with the agency.

Miscellaneous
AB 1267

II.

(Bloom! Lawsuits, Liens, and Other Encumbrances.

Chapter 208, Statutes of 2015
This measure prohibits a person from filing a lawsuit, lien or other encumbrance against another person
or entity, knowing the filing is false, and doing so with the intent to harass the other party or in the
case of public officials, hinder the public official from being able to conduct their official duties. In the
event of a violation, the court may issue up to a $5,000 civil penalty.

Community Services

AB 189

(Bloom D) Arts Council: cultural districts.

Status: 10/1/2015-Chaptered by Secretary of State - Chapter 396, Statutes of 2015.
Summary: Would require the Arts Council to establish criteria and guidelines for state-designated
cultural districts, as defined. The bill would require the council to establish a competitive application
system for certification, provide technical and promotional support for certified state-designated
cultural districts, and collaborate with public agencies and private entities to maximize the benefits of
state-designated cultural districts. The bill would provide that a geographical area within the state
may be certified as a state-designated cultural district by applying to the council for certification, as
provided.

AB 982

(Eaaman! Childcare and Development. Eligibility. Homeless Children.

Chapter 567, Statutes of 2015
This measure expands the list of entities that can identify a homeless child in need of subsidized child
care services to include a local educational agency liaison for homeless children and youths, a Head
Start program, or a transitional shelter.

AB 1146

(Jones R) Skateboard parks.

Status: 8/17/2015-Chaptered by Secretary of State - Chapter 221, Statutes of 2015.
Summary: Current law provides government immunity against claims by a person who
participates in a hazardous recreational activity, and makes skateboarding at a facility owned or
operated by a public entity as a public skateboard park Is a hazardous recreational activity, if
certain conditions are met. This bill would extend government immunity to other wheeled
recreational devices, as defined, until January 1, 2020.

Page 2 /14

SB 549

III.

fHalH. Charitable Raffles.

Chapter 509, Statutes of 2015
This measure authorizes major league sports teams to conduct a 50/50 raffle for the purpose of directly
supporting a specified beneficial or charitable purpose in California, or financially supporting another
private, nonprofit, eligible organization.

Employee Relations/Employment

AB 304

(Gonzalez D) Sick leave: accrual and limitations.

Status: 7/13/2015-Chaptered by Secretary of State - Chapter 67, Statutes of 2015.
Summary: The Healthy Workplaces, Healthy Families Act of 2014 provides, among other things, that an
employee who, on or after July 1, 2015, works in California for 30 or more days within a year from the
commencement of employment is entitled to paid sick days for prescribed purposes, to be accrued at a
rate of no less than one hour for every 30 hours worked. This bill would require that the employee do
that work for the same employer in order to qualify for accrued sick leave under these provisions. This
bill would exclude a retired annuitant of a public entity, as specified, from the definition of employee
under these provisions.

AB 622

(Hernandez). Employment. E-Verify System. Unlawful Business Practices.

Chapter 696, Statutes of 2015
This measure further prohibits an employer from using the E-Verify system in a manner not required
under federal law or as authorized by a federal agency to check employment authorization status of an
existing employee. The measure provides that an employer could be subject to civil penalties up to
$10,000 for each violation.

AB 970

(Nazarian). Minimum Wage and Overtime Enforcement. Local Laws.

Chapter 783, Statutes of 2015
This measure authorizes the Labor Commissioner, at the request of a local entity with the legal
authority to issue a citation against an employer for violations of overtime and minimum wage laws,
may enforce such local laws against employers.

SB 185

(De Leon D) Public retirement systems: public divestiture of thermal coal companies.
Status: 10/8/2015-Chaptered by Secretary of State - Chapter 605, Statutes of 2015.
Summary: Would prohibit the boards of the Public Employees' Retirement System and the State
Teachers' Retirement System from making new investments or renewing existing investments of public
employee retirement funds in a thermal coal company, as defined. This bill would require the boards to
liquidate investments in thermal coal companies on or before July 1, 2017, and would require the
boards, in making a determination to liquidate investments, to constructively engage with thermal coal
companies to establish whether the companies are transitioning their business models to adapt to
clean energy generation.

SB 354

(Huff R) California Public Employees' Pension Reform Act of 2013: joint powers authority:
employees.
Status: 8/10/2015-Chaptered by Secretary of State - Chapter 158, Statutes of 2015.
Summary: PEPRA authorizes a joint powers authority formed by the Cities of Brea and Fullerton on or
after January 1, 2013, to provide employees who are not new members under PEPRA with the defined
benefit plan or formula that was received by those employees from their respective employers on
December 31, 2012, if they are employed by the joint powers authority without a break in service of
more than 180 days. This bill would revise the period during which the authorization granted to a joint
powers authority formed by the Cities of Brea and Fullerton to provide specified retirement benefits, as
described above, may be applied.

SB 358

(Jackson). Conditions of Employment. Gender Wage Differential.

Chapter 546, Statutes of 2015
This measure expands equal pay protection by prohibiting employers from paying an employee a wage
that is at a rate less then what is paid to employees of the opposite sex for substantially similar work.
Exceptions are provided if the employer can demonstrate the entire pay differential is based on a
seniority or merit system, a system where quantity or quality of production are measured, or there is a
bona fide factor contributing to the difference other than sex.

Page 3 /14

Environmental Quality

IV.

Water/Drought
AB 1

(Brown D) Drought: local governments: fines.

Status: 7/13/2015-Chaptered by Secretary of State - Chapter 62, Statutes of 2015.
Summary: Would prohibit a city, county, or city and county from imposing a fine under any ordinance
for a failure to water a lawn or having a brown lawn during a period for which the Governor has issued
a proclamation of a state of emergency based on drought conditions.

AB 401

XDoddl. Low-Income Water Rate Assistance Program.

Chapter 662, Statutes of 2015

This measure requires the State Water Resources Control Board (SWRCB), in collaboration with the
State Board of Equalization and stakeholders, to develop a plan for funding and implementing the LowIncome Water Rate Assistance Program by January 1, 2018.
AB 349

(Gonzalez D) Common interest developments: property use and maintenance.

Status: 9/4/2015-Chaptered by Secretary of State - Chapter 266, Statutes of 2015.
Summary: Current law makes void and unenforceable any provision of the governing documents or
architectural or landscaping guidelines or policies that prohibits use of low water-using plants, or
prohibits or restricts compliance with water-efficient landscape ordinances or regulations on the use of
water, as specified. This bill would make void and unenforceable any provision of the governing
documents or architectural or landscaping guidelines or policies that prohibits use of artificial turf or
any other synthetic surface that resembles grass. This bill contains other existing laws.

AB 1164

(Gatto D)

Water conservation: drought tolerant landscaping. (See, V. Housing)

Medical Marijuana

AB 243

(Wood D) Medical marijuana.

Status: 10/9/2015-Chaptered by Secretary of State - Chapter 688, Statutes of 2015.
Summary: Would require the Department of Food and Agriculture, the Department of Pesticide
Regulation, the State Department of Public Health, the Department of Fish and Wildlife, and the State
Water Resources Control Board to promulgate regulations or standards relating to medical marijuana
and its cultivation, as specified. The bill would also require various state agencies to take specified
actions to mitigate the impact that marijuana cultivation has on the environment. (The League has
prepared a comprehensive summary of this measure in Appendix A of their 2015 Legislative Report.)

AB 266

(Bonta D) Medical marijuana.

Status: 10/9/2015-Chaptered by Secretary of State - Chapter 689, Statutes of 2015.
Summary: Would enact the Medical Marijuana Regulation and Safety Act for the licensure and
regulation of medical marijuana and would establish within the Department of Consumer Affairs the
Bureau of Medical Marijuana Regulation, under the supervision and control of the Director of Consumer
Affairs. The bill would require the director to administer and enforce the provisions of the act. (The
League has prepared a comprehensive summary of this measure in Appendix A of their 2015 Legislative
Report.)

Waste Management

AB 888

(Bloom D) Waste management: plastic microbeads.

Status: 10/8/2015-Chaptered by Secretary of State - Chapter 594, Statutes of 2015.
Summary: Would prohibit, on and after January 1, 2020, a person, as defined, from selling or offering
for promotional purposes in this state a personal care product containing plastic microbeads that are
used to exfoliate or cleanse in a rinse-off product, as specified. The bill would exempt from those
prohibitions the sale or promotional offer of a product containing less than 1 part per million (ppm) by
weight of plastic microbeads. This bill contains other related provisions.

Page 4 /14

AB 901

(Gordon D) Solid waste: reporting requirements: enforcement.

Status: 10/10/2015-Chaptered by Secretary of State - Chapter 746, Statutes of 2015.
Summary: The California Integrated Waste Management Act of 1989, administered by the Department
of Resources Recycling and Recovery, generally regulates the disposal, management, and recycling of
solid waste. This bill would revise specified provisions by, among other things, (1) requiring recycling
and composting operations and facilities to submit specified information directly to the department,
rather than to counties, (2) requiring disposal facility operators to submit tonnage information to the
department, and to counties only on request, and (3) deleting the requirement for counties to submit
that information to cities, regional agencies, and the department.

Misc.
SB 185

(De Leon D)

Public retirement systems: public divestiture of thermal coal companies.

(See, III. Employee Relations)

SB 379

V.

(Jackson D)

Land use: general plan: safety element. (See, V. Housing)

Housing, Community and Economic Development

Housing/Economic Development

AB 2

(Aleio and Garcia). Community Revitalization and Investment Authorities.

Chapter 319, Statutes of 2015
This measure provides new authority to revitalize disadvantaged communities through planning and
financing infrastructure improvements and upgrades; economic development activities; and affordable
housing via tax increment financing based, in part, on the former community redevelopment law.
A Community Revitalization and Investment Authority (CRIA) can be created in the following two
locations:

Areas where not less than 80 percent of the land contains census tracts or census block groups
that meet both of these conditions: an annual median household income that is less than 80
percent of the statewide annual median income; and at least three of the following conditions are
met:
o Non-seasonal unemployment at least 3 percent higher than statewide average;
o Crime rates at least 5% higher than statewide median;
o Deteriorated or inadequate infrastructure; and
o Deteriorated commercial or residential structures.

A former military base that is principally characterized by deteriorated or inadequate

infrastructure or structures.
The measure contains additional extensive detail on the establishment, governance, operation,
accountability and responsibilities of this agency. (The League has prepared a comprehensive summary
of this measure in Appendix A of their 2015 Legislative Report.)

AB 90

(Chau D) Federal Housing Trust Fund.

Status: 10/9/2015-Chaptered by Secretary of State - Chapter 686, Statutes of 2015.
Summary: Would designate the Department of Housing and Community Development as the state
agency responsible for administering funds received by the state from the federal Housing Trust Fund.
This bill would require the department to administer the funds through existing or newly created
programs that produce, preserve, rehabilitate, or support the operation of rental housing for extremely
low income and very low income households, except that up to 10% of funding may be used to
support home ownership for extremely low income and very low income households.

AB 189

(Bloom D)

Arts Council: cultural districts. (See, II. Community Services)

Page 5 /14

AB 313

(Atkins D) Enhanced infrastructure financing districts.

Status: 9/22/2015-Chaptered by Secretary of State - Chapter 320, Statutes of 2015.
Summary: Would require, after the adoption of a resolution of intention to establish a proposed
district, the legislative body to send a copy of the resolution to the public financing authority. This bill
would revise the duties of the public financing authority after the resolution of intention to establish
the proposed district has been adopted, so that the public financing authority, instead of the
legislative body, will perform the specified duties related to the preparation, proposal, and adoption of
the infrastructure financing plan and the adoption of the formation of the district.

AB 388

(Chang). Housing. Veterans. Supportive and Transitional Housing. Reports.

Chapter 692, Statutes of 2015
This measure requires HCD to report specified performance data to the Legislature as part of an annual
evaluation performed by the department, in collaboration with the Department of Veterans Affairs, on
the expenditure of $600 million in bonds, authorized by Proposition 41, for a variety of housing options
including assisting homeless veterans.

AB 1403

fMaienschein). Homeless Housing. Joint Powers Agreements.

Chapter 188, Statutes of 2015
This measure authorizes one or more private non-profit 501(c) (3) corporations organized to provide
services to the homeless, or to prevent homelessness, to enter into a joint powers agreement with one
or more public agencies. The entity formed shall be deemed a public agency, except for debt issuance,
and can be used to share information between public agencies and non-profits as a means to improve
the delivery of coordinated care housing services to the most frequent users of publicly-funded
emergency services.

AB 1270

(Garcia. Eduardo D) California Workforce Innovation and Opportunity Act.

Status: 7/14/2015-Chaptered by Secretary of State - Chapter 94, Statutes of 2015.
Summary: Would update statutory references to the Workforce Investment Act of 1998 to instead
refer to the Workforce Innovation and Opportunity Act of 2014 and make related conforming changes.
This bill contains other related provisions and other existing laws.

SB 107

(Committee on Budget and Fiscal Review) Local government.

Status: 9/22/2015-Chaptered by Secretary of State - Chapter 325, Statutes of 2015.
Summary: Current law dissolved redevelopment agencies and community development agencies as of
February 1, 2012, and provides for the designation of successor agencies to wind down the affairs of
the dissolved redevelopment agencies and to, among other things, make payments due for
enforceable obligations and to perform obligations required pursuant to any enforceable obligation.
This bill would provide that any action by the Department of Finance, that occurred on or after June 28,
2011, carrying out the department's obligations under the provisions described above constitutes a
department action for the preparation, development, or administration of the state budget and is
exempt from the Administrative Procedures Act.

Land Use
AB 57

(Quirk D) Telecommunications: wireless telecommunication facilities.

Status: 10/9/2015-Chaptered by Secretary of State - Chapter 685, Statutes of 2015.
Summary: Would provide that a collocation or siting application for a wireless telecommunications
facility is deemed approved if the city or county fails to approve or disapprove the application within
the reasonable time periods specified in applicable decisions of the Federal Communications
Commission, all required public notices have been provided regarding the application, and the
applicant has provided a notice to the city or county that the reasonable time period has lapsed. This
bill contains other existing laws.

AB 243

(Wood D)

Medical marijuana. (See, IV. Environmental)

AB 266

(Bonta D)

Medical marijuana. (See, IV. Environmental)

Page 6 /14

AB 744

(Chau D) Planning and zoning; density bonuses.

Status: 10/9/2015-Chaptered by Secretary of State - Chapter 699, Statutes of 2015.
Summary: Current law prohibits a city, county, or city and county from requiring a vehicular parking
ratio for a housing development that meets specified criteria in excess of specified ratios. This bill
would, notwithstanding the above-described provisions, additionally prohibit, at the request of the
developer, a city, county, or city and county from imposing a vehicular parking ratio, inclusive of
handicapped and guest parking, in excess of 0.5 spaces per bedroom on a development that includes
the maximum percentage of low- or very low income units, as specified, and is located within 1/2 mile
of a major transit stop, as defined, and there is unobstructed access to the transit stop from the
development.

AB 1164

(Gatto D) Water conservation: drought tolerant landscaping.

Status: 10/9/2015-Chaptered by Secretary of State - Chapter 671, Statutes of 2015.
Summary: Would prohibit a city, including a charter city, county, and city and county, from enacting or
enforcing any ordinance or regulation that prohibits the installation of drought tolerant landscaping,
synthetic grass, or artificial turf on residential property, as specified. The bill would additionally state
that this is an issue of statewide concern. This bill contains other related provisions.

AB 1236

fChiu D)

AB 1251

(Gomez). Greenway Development and Sustainment Act.

Chapter 639, Statutes of 2015
This measure authorizes certain nonprofit organizations, tribes and state and local governments to
acquire easements for the purpose of developing greenways along urban waterways. Greenways are
defined as a pedestrian and bicycle, nonmotorized vehicle transportation, and recreational travel
corridor.

AB 1323

fFrazier). Marine Debris. Removal and Disposal.

Chapter 645, Statutes of 2015
This measure authorizes a public agency to remove and dispose of marine debris after
10 days if the marine debris is floating, sunk, partially sunk, or beached in or on a public waterway,
public beach, or on state tidelands or submerged lands.

SB 379

(Jackson D) Land use: general plan: safety element.

Status: 10/8/2015-Chaptered by Secretary of State - Chapter 608, Statutes of 2015.
Summary: The Planning and Zoning Law requires the legislative body of a city or county to adopt a
comprehensive, long-term general plan that includes various elements, including, among others, a
safety element for the protection of the community from unreasonable risks associated with the effects
of various geologic hazards, flooding, and wildland and urban fires. This bill would, upon the next
revision of a local hazard mitigation plan on or after January 1, 2017, or, if the local jurisdiction has not
adopted a local hazard mitigation plan, beginning on or before January 1, 2022, require the safety
element to be reviewed and updated as necessary to address climate adaptation and resiliency
strategies applicable to that city or county.

SB 655

(Mitchell D) Housing standards: mold.

Status: 10/9/2015-Chaptered by Secretary of State - Chapter 720, Statutes of 2015.
Summary: Would provide that a lessor is not obligated to repair a dilapidation relating to mold, as
specified, until he or she has notice of it or if the tenant is in violation of specified affirmative
obligations. The bill would authorize a landlord to enter a dwelling to repair a dilapidation relating to
mold, under specified conditions. This bill contains other related provisions and other existing laws.

Local ordinances: electric vehicle charging stations. (See, VIII. Transportation)

Page 7 /14

Public Safety

VI.

Law Enforcement
AB 69

(Rodriguez D) Peace officers: body-worn cameras.

Status: 10/3/2015-Chaptered by Secretary of State - Chapter 461, Statutes of 2015.
Summary: Would require law enforcement agencies to consider specified best practices when
establishing policies and procedures for downloading and storing data from body-worn cameras,
including, among other things, prohibiting the unauthorized use, duplication, or distribution of the
data, and establishing storage periods for evidentiary and non-evidentiary data, as defined.

AB 71

fRodriauezl. Criminal Justice. Reporting.

Chapter 462, Statutes of 2015
This measure requires all law enforcement agencies, starting January 1, 2017, to report to the
Department of Justice (DOJ) all incidents of officer-involved shootings (both shootings of civilians by
peace officers and shootings of peace officers by civilians), use of force incidents by peace officers
against civilians resulting in serious bodily injury or death, and use of force incidents by civilians
against peace officers resulting in serious bodily injury or death. This measure specifies what data shall
be reported, including the date, time and location of the incident, whether the civilian was armed and
with what type of weapon, the type of force used against the officer or civilian, including any weapons
used, and the number of officers and civilians involved in the incident. This measure also requires a
brief description of the circumstances surrounding the incident, including perceptions of behavior or
mental disorders. Finally, this measure requires the DOJ to include a summary of this information in its
annual crime report issued pursuant to Section 13010 of the Penal Code.

AB 953

(Weber D) Law enforcement: racial profiling.

Status: 10/3/2015-Chaptered by Secretary of State - Chapter 466, Statutes of 2015.
Summary: Would enact the Racial and Identity Profiling Act of 2015, which would, among other
changes, revise the definition of racial profiling to instead refer to racial or identity profiling, and make
a conforming change to the prohibition against peace officers engaging in that practice.

SB 11

(Bealh. Peace Officer Training. Mental Health.

Chapter 468, Statutes of 2015
This measure requires the Commission on Peace Officer Standards and Training
(POST) to:
Establish a training course, that is at least 15 hours on law enforcement interaction with persons with
mental illness, as part of its basic training course; and
Have a three-hour continuing education course on the same subject matter.

SB 29

(Beall D) Peace officer training: mental health.

Status: 10/3/2015-Chaptered by Secretary of State - Chapter 469, Statutes of 2015.
Summary: Would require POST to require field training officers who are instructors for the field training
program to have at least 8 hours of crisis intervention behavioral health training, as specified. The bill
would also require POST to require as part of its existing field training officer course, at least 4 hours of
training relating to competencies of the field training program and police training program that
addresses how to interact with persons with mental illness or intellectual disability, to be completed as
specified.

Marijuana
AB 243

(Wood D)

Medical marijuana. (See, IV. Environmental)

AB 266

(Bonta D)

Medical marijuana. (See, IV. Environmental)

Page 8 /14

SB 643

SB 303

(McGuire D) Medical marijuana.

Status: 10/9/2015-Chaptered by Secretary of State - Chapter 719, Statutes of 2015.
Summary: Would set forth standards for a physician and surgeon prescribing medical cannabis and
require the Medical Board of California to prioritize its investigative and prosecutorial resources to
identify and discipline physicians and surgeons that have repeatedly recommended excessive cannabis
to patients for medical purposes or repeatedly recommended cannabis to patients for medical purposes
without a good faith examination, as specified. The bill would require the Bureau of Medical Marijuana
to require an applicant to furnish a full set of fingerprints for the purposes of conducting criminal history
record checks.
(Hueso D) Controlled substances: destruction of seized marijuana.
Status: 10/9/2015-Chaptered by Secretary of State - Chapter 713, Statutes of 2015.
Summary: Would authorize a law enforcement agency to destroy seized substances suspected to be
growing or harvested marijuana in excess of 2 pounds, or the amount of marijuana a medical
marijuana patient or designated caregiver is authorized to possess by ordinance in the city or county
where the marijuana was seized, whichever is greater, subject to specified requirements. The bill
would also require the law enforcement agency to retain at least one 2-pound sample and 5 random
and representative samples consisting of leaves or buds, for evidentiary purposes, from the total
amount to be destroyed.

Privacy/Use of Data
SB 34

(Hiin. Automated License Plate Recognition Systems. Use of Data.

Chapter 532, Statutes of 2015
This measure imposes a variety of security, privacy, and public hearing requirements on the use of
automated license plate recognition (ALPR) systems, and creates a private right of action for a person
who has been harmed by a violation of the bill's requirements, enabling that person to bring a civil
action against those who knowingly caused the violation. It authorizes a court to provide the following
remedies:
Actual damages, but no less than liquidated damages in the amount of $2,500;
Punitive damages, upon proof of willful or reckless disregard of the law;
Reasonable attorney's fees and other litigation costs; and
Other preliminary and equitable relief, as a court deems appropriate.
Specifically, this measure requires the following:
Data collected via an ALPR system must be treated as personal information for purposes of existing
data breach notification laws applying to agencies, persons or business conducting business in
California;
ALPR operators and end-users must implement and maintain a usage and privacy policy, which is
available to the public and conspicuously posted on the end-user's website, if one exists;

ALPR operators and end-users must maintain reasonable security procedures and practices,
including safeguards to protect information from unauthorized access, destruction, use,
modification or disclosure; and
The ALPR operator usage and privacy policy to include at a minimum:
o Authorized purposes for using the ALPR system and collecting its information;
o Description of how the ALPR system's use will be monitored for compliance with privacy laws;
o A description of the job title or other designation of employees and independent
contractors authorized to use the ALPR system;
o Purposes of, process for, and restrictions on the sale, sharing or transfer of the ALPR data to other
persons;
o Title of the official custodian or owner of the ALPR system responsible for implementing the
privacy policy;
o Description of the reasonable measures taken to ensure the accuracy of the
ALPR system information;
o Length of time the ALPR system information will be retained, and process for determining
whether and when it will be destroyed; and
o Maintaining a record of access to ALPR information, including date and time, license plate number
queried, user name of the person who accessed the information, and the purpose.

Page 9 /14

SB 178

jCJLengJ. Privacy. Electronic Communications. Search Warrant.

Chapter 651, Statutes of 2015
This measure creates the California Electronic Communications Privacy Act, which requires law
enforcement entities to obtain a search warrant before accessing data on an electronic device or from
an online service provider. Specifically, it prohibits a government entity from:
Compelling production of or access to electronic communication information from a service
provider;
Compelling production of or access to electronic device information from a person or entity
other than the authorized possessor of the device; and

Accessing electronic device information by means of physical interaction or electronic

communication with the device, although voluntary disclosure to a government entity is
permitted.
This measure allows a government entity to compel product of, or access to, electronic communication
information pursuant to a warrant, wiretap order, order for electronic reader records, or subpoena.

SB 741

(Hiin. Mobile Communications. Privacy.

Chapter 659, Statutes of 2015
This measure establishes requirements that local agencies must satisfy before acquiring cellular
communications interception technology. It requires every local agency acquiring this technology to first
secure from its governing body an authorizing resolution or ordinance at a regularly scheduled meeting
that is compliant with the Ralph M. Brown Act. Second, it requires that every local agency maintain
reasonable security measures and practices to protect any information gathered, and to implement a
usage and privacy policy to ensure protection of individual privacy and civil liberties.

Tobacco

AB 216

(Garcia. C). Product Sales to Minors. Vapor Products.

Chapter 769, Statutes of 2015
This measure prohibits the sale of any device intended to deliver a non-nicotine product in a vapor
state, to be directly inhaled by the user, to a person under 18 years of age. This measure exempts from
its prohibition the sale of a drug or medical device that has been approved by the federal Food and
Drug Administration.

AB 768

(Thurmond^. Smokeless Tobacco. Baseball Stadiums.

Chapter 779, Statutes of 2015
This measure, commencing December 1, 2016, prohibits the use or possession of smokeless tobacco
products, as defined, on the playing field of a baseball stadium during a professional baseball game or
practice. This measure also provides that its provisions do not preempt or prohibit the adoption of a
more restrictive local ordinance regarding smokeless tobacco possession or use in a baseball stadium.

Natural Disasters
SB 35

fWollO. Income and Corporation Taxes. Disaster Relief.

Chapter 230, Statutes of 2015
This measure enacts disaster loss treatment, allowing taxpayers to deduct amounts associated with a
loss as a result of a natural disaster consistent with federal law, where the disaster in a city, county, or
city and county has caused the Governor to declare a state of emergency. It also extends the deadline
for taxpayers affected by recent earthquakes to carry back disaster losses to the 2013 tax year.

Misc.
AB 8

fGattol. Emergency Services. Hit-and-Run Accidents.

Chapter 326, Statutes of 2015
This measure establishes the "Yellow Alert" notification system - similar to the "Amber Alert" system,
using digital signs within a specified geographic area - to be used to enlist the aid of the public in
locating hit-and-run suspects, and authorizes activation of the Yellow Alert system by the California
Highway Patrol (CHP) for hit-and-run accidents, and specifies the conditions for that activation. This
measure sunsets on January 1, 2019.

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AB 643

fNazarianl. Emergency Services. Silver Alerts.

Chapter 332, Statutes of 2015
This measure authorizes the CHP, upon activation of a Silver Alert, to communicate that alert on
"highway changeable" (i.e. digital) message signs. Silver Alerts are designed to disseminate information
that a person aged 65 or older, or developmentally disabled, or cognitively impaired, has gone missing,
if the following conditions are met:

A law enforcement agency has unsuccessfully used all available local resources to locate the missing
person;
The missing person is believed to be in danger due to health, weather conditions, or some other
factor; and
It has been determined that the public dissemination of such information may lead to the safe
recovery of the missing person.

AB 256

(Jones-Sawver D) Falsifying evidence.

Status: 10/3/2015-Chaptered by Secretary of State - Chapter 463, Statutes of 2015.
Summary: Current law makes it a misdemeanor for a person to willfully destroy or conceal any book,
paper record, instrument in writing, or other matter or thing knowing that it is about to be produced in
evidence in a trial, inquiry, or investigation. This bill would expand that prohibition to include a digital
image, or a video recording that is owned by another, and to prohibit erasure of those books, papers,
records, instruments in writing, digital images, video recordings that are owned by others, or their
content. This bill contains other related provisions and other current laws.

AB 1151

(Santiago^. Parking Violations. Penalties.

Chapter 112, Statutes of 2015
This measure authorizes a local government to allow a person to agree to pay parking citations in
installments at any stage of the administrative hearing process.

SB 61

(Hill). Driving Under the Influence. Ignition Interlock Device.

Chapter 350, Statutes of 2015
This measure extends the DMV Ignition Interlock Device pilot project to July 1, 2017. This project
requires all persons convicted of a misdemeanor for driving under the influence (DUI) of alcohol or
drugs in violation of the California Vehicle Code, or convicted of a felony DUI involving personal injury,
or convicted of vehicular manslaughter while intoxicated in any one of four pilot counties (Alameda, Los
Angeles, Sacramento, and Tulare) to install a certified ignition interlock device (IID) in each vehicle that
he or she owns or operates. An IID is a device wired to a vehicle's ignition that can detect alcohol and
that requires a breath sample from the driver before the engine will start - in effect, a breathalyzer
wired to the ignition switch.

SB 239

(Hertzbera D) Local services: contracts: fire protection services. (See, V. Housing)

Fire Protection Services Contracting.
Chapter 763, Statutes of 2015
This measure prohibits a public agency from entering into a new agreement, or extending an existing
agreement, for fire protection services that either:
Transfers responsibility for providing services within 25 percent of their jurisdictional
boundaries; or

Changes the employment status of more than 25 percent of employees of any public agency
affected by the agreement.
The only exception to this prohibition is when all labor organizations representing firefighters have
agreed to the transfer of service responsibility, and where the applicable LAFCO has approved the
measure following a lengthy analysis and process.

SB 600

Pan). Discrimination. Citizenship. Language. Immigration Status.

Chapter 282, Statutes of 2015
This measure extends the protections of the Unruh Civil Rights Act to persons regardless of citizenship,
primarily language or immigration status, thus, expanding the universe of groups that are deemed
members of a protected class under the Act. This measure expressly prohibits discrimination by
business establishments on the basis of the above named factors.

SB 674

fDe Leon). Victims of Crime. Non-Immigrant Status.

Chapter 721, Statutes of 2015

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This measure puts a protocol in place for state and local law enforcement agencies and entities and key
officers of a court, such as judges and prosecutors, to certify that a victim of a crime who is not
necessarily a U.S. citizen has been helpful in the detection, investigation, or prosecution of specified
criminal acts.
SB 707

(WollO. Firearms. Gun-Free School Zone.

Chapter 766, Statutes of 2015
This measure changes the rules for holders of licenses to carry concealed firearms on or near public
schools and college campuses. Specifically it:

Allows a person holding a valid license to carry a concealed firearm to carry a firearm in an area
that is within 1,000 feet of, but not on the grounds of, a public or private school providing
instruction in kindergarten or Grades 1-12; and
Deletes the exemption allowing a person holding a valid license to carry a concealed firearm to
possess a firearm on the campus of a university or college.

VII. Revenue and Taxation

SB 107

(Committee on Budget and Fiscal Review)

Local government. (See, V. Housing)

SB 533

(Pan D) Cities and counties: sales and use tax agreements.

Status: 10/9/2015-Chaptered by Secretary of State - Chapter 717, Statutes of 2015.
Summary: Would repeal a specified prohibition of the Bradley-Burns Uniform Local Sales and
Use Tax Law and instead prohibit, on or after January 1, 2016, a local agency from entering into
any form of agreement that would result, directly or indirectly, in the payment, transfer,
diversion, or rebate of Bradley-Burns local tax revenues to any person, as defined, for any
purpose, if the agreement results In a reduction in the amount of Bradley-Burns local tax
revenues that, in the absence of the agreement, would be received by another local agency and
the retailer continues to maintain a physical presence within the territorial jurisdiction of that
other local agency, with specified exceptions.

VIII. Transportation, Communication, and Public Works

Telecommunications/Privacy
AB 57

(Quirk D)

Telecommunications: wireless telecommunication facilities. fSee. V. Housing^

SB 34

fHiin. Automated License Plate Recognition Systems. Use of Data. (See, VI. Public Safety)

SB 178

fLeno^. Privacy. Electronic Communications. Search Warrant. (See, VI. Public Safety)

SB 741

fHiin. Mobile Communications. Privacy. (See, VI. Public Safety)

Public Works
AB 219

fDalv D) Public works: concrete delivery.

Status: 10/10/2015-Chaptered by Secretary of State - Chapter 739, Statutes of 2015.
Summary: Current law defines "public works," for purposes of requirements regarding the payment of
prevailing wages for public works projects, to include, among other things, the hauling of refuse from a
public works site to an outside disposal location with respect to contracts involving any state agency.
This bill would expand the definition of "public works" for these purposes to include the hauling and
delivery of ready-mixed concrete, as defined, to carry out a public works contract, with respect to
contracts involving any state agency or any political subdivision of the state.

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AB 327

(Gordon D) Public works: volunteers.

Status: 7/6/2015-Chaptered by Secretary of State - Chapter 53, Statutes of 2015.
Summary: All workers employed on public works projects are required to be paid not less than the
general prevailing rate of per diem wages for work, except as specified. Current law governing public
works does not apply to specified work performed by a volunteer, a volunteer coordinator, or a member
of the California Conservation Corps or a community conservation corps. These provisions are effective
only until January 1, 2017, and as of that date are repealed. This bill would extend those provisions
until January 1, 2024, at which date those provisions would be repealed. The bill would also delete an
obsolete provision.

AB 552

fO'Donnell D) Public works contracts: damages.

Status: 10/2/2015-Chaptered by Secretary of State - Chapter 434, Statutes of 2015.
Summary: Would, among other things, provide that a public works contract entered into on or after
January 1, 2016, that contains a clause expressly requiring a contractor to be responsible for delay
damages, as defined, is not enforceable unless the delay damages have been liquidated to a set
amount and identified in the public works contract. Under the bill, these provisions would not apply to
specified state agencies. The bill would also make findings and declarations related to public contracts.

AB 1236

fChiu D) Local ordinances: electric vehicle charging stations.

Status: 10/8/2015-Chaptered by Secretary of State - Chapter 598, Statutes of 2015.
Summary: Would require a city, county, or city and county to approve an application for the installation
of electric vehicle charging stations, as defined, through the issuance of specified permits unless the
city or county makes specified written findings based upon substantial evidence in the record that the
proposed installation would have a specific, adverse impact upon the public health or safety, and there
is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.

SB 432

(Mendoza). Public Works. Aliens.

Chapter 160, Statutes of 2015
This measure deletes the term "Alien" as the definition of persons not born or fully naturalized as
citizens of the United States and deletes the previously tiered employment preferences of U.S. citizens,
citizens of other states within the U.S., and third to aliens within the state

SB 762

fWolkl. Competitive Bidding. Best Value. Pilot Program. Design-Build.

Chapter 627, Statutes of 2015
This measure authorizes the county board of supervisors from seven California counties (Alameda, Los
Angeles, Riverside, San Bernardino, San Diego, Solano, and Yuba) to award construction projects in
excess of $lmillion under the "best value procurement" method. As defined, the best value
procurement method would provide an alternative to the lowest responsible bidder method when
certain conditions are met.

Transportation
AB 40

XllngJ.Toll Bridges. Pedestrians and Bicycles.

Chapter 550, Statutes of 2015
This measure prohibits tolls from being imposed on the passage of a pedestrian or bicycle over any
bridge under local or state jurisdiction. This measure sunsets on January 1, 2021.

AB 451

(Bonilla D) Private parking facilities.

Status: 8/11/2015-Chaptered by Secretary of State - Chapter 168, Statutes of 2015.
Summary: Current law authorizes a city or county, by ordinance or resolution, to find and declare that
there are privately owned and maintained offstreet parking facilities within the city or county that are
generally held open for use of the public for purposes of vehicular parking and requires, upon
enactment of the ordinance or resolution, that specified traffic laws apply, including those related to
basic speed law, reckless driving, and speed contests and exhibitions of speed, except as specified.
This bill would authorize a city or county to include in that ordinance or resolution authorization for the
operator of a privately owned and maintained offstreet parking facility to regulate unauthorized
parking in that facility.
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AB 604

(Olsen!. Electrically Motorized Boards.

Chapter 777, Statutes of 2015
This measure defines an "electronically motorized board" as any 1,000 watt or less electronic or human
propulsion wheeled device with a floorboard no greater than 60 inches deep and 18 inches wide
designed to be stood upon by only one person. It establishes safety requirements for their use, restricts
their operation on public facilities and authorizes local governments to further regulate their use.

AB 1015

(Bloom!. Parking. Car Share Vehicles.

Chapter 41, Statutes of 2015
This measure clarifies that local governments, through resolution or ordinance, may designate certain
streets or portions of streets for the exclusive or nonexclusive parking for rideshare or car share vehicle
programs.

AB 1096

(Chiu!. Vehicles. Electric Bicycles.

Chapter 568, Statutes of 2015
This measure defines various classes of electric bicycles and establishes certain manufacturing,
disclosure, speed, areas of operation, and safety requirements and restrictions. It authorizes public
entities to adopt resolutions or ordinances to regulate the operation of bicycles within their
jurisdiction(s).

AB 1151

(Santiago!. Parking Violations. Penalties. (See, VI. Public Safety)

AB 1236

fChiu D) Local ordinances: electric vehicle charging stations.

Status: 10/8/2015-Chaptered by Secretary of State - Chapter 598, Statutes of 2015.
Summary: Would require a city, county, or city and county to approve an application for the installation
of electric vehicle charging stations, as defined, through the issuance of specified permits unless the
city or county makes specified written findings based upon substantial evidence in the record that the
proposed installation would have a specific, adverse impact upon the public health or safety, and there
is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.

SB 516

(Fuller!. Transportation. Motorist Aid Services.

Chapter 491, Statutes of 2015
This measure requires county freeway emergency service authorities, as established by a county's
board of supervisors and the adoption of a resolution by city councils of a majority of the cities within
the service areas, to determine how the moneys received from the $1 annual fee per vehicle registered
in that county for the purposes of a motorist aid system are being used by the service authority. It also
authorizes the moneys to be used for traveler information systems, Intelligent Transportation System
architecture and infrastructure, transportation demand management services, and safety-related hazard
and obstruction removal, with such plans or amendments to plans being subject to CaiTrans and the
CHP review and approval.

SB 530

(Pan D) Pedicabs.
Status: 10/4/2015-Chaptered by Secretary of State - Chapter 496, Statutes of 2015.
Summary: Would expand the definition of a pedicab to include a 4-wheeled device that is primarily or
exclusively pedal-powered, has a seating capacity for 8 or more passengers, cannot travel in excess of
15 miles per hour, and is being used for transporting passengers for hire, as prescribed. The bill would
impose specified requirements on these pedicabs defined by the bill.

Accessibility to Commercial Public Facilities

AB 662

1838963vl

(Bonilla!. Public Accommodation. Disabled Adults. Changing Facilities.

Chapter 742, Statutes of 2015
This measure requires newly constructed and $10,000 or more worth of renovations at commercial
places of public amusement, defined as auditoriums, convention centers, cultural complexes, exhibition
halls, permanent amusement parks, sports arenas, and theaters with maximum occupancy of 2,500 or
more, excluding public or private higher education facilities, to install and maintain at least one adult
changing station for persons with physical disability accessible to men and women. The requirements
for newly constructed facilities begins on January 1, 2020 and January 1, 2025 for facilities that
undergo renovation.

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