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CEO/Office of Legislative Affairs - The Friday Wrap-Up
September 27, 2024 Volume 10 Issue 39
 
Board Actions

The Board of Supervisors met on September 24, 2024, at 9:30am. Notable actions include the following:

Discussion Items

County Executive Office

 

  1. Approve recommended positions on introduced or amended legislation and/or consider other legislative subject matters - All Districts APPROVED AS RECOMMENDED

 

  1. Approve grant applications/awards submitted in 9/24/24 grant report and other actions as recommended - All Districts APPROVED AS RECOMMENDED

 

The next Board of Supervisors meeting is scheduled for October 8, 2024, at 9:30am.

 
Table of Contents
orange arrow Board Actions
orange arrow County Legislation Position
orange arrow Sacramento Update
orange arrow Washington D.C. Update
orange arrow Weekly Clips
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County Legislation Position
 
 
Sacramento Update
Prepared by Precision Advocacy

Governor Gavin Newsom has taken significant action on hundreds of bills as the legislative year draws to a close. By our rough count, the Governor has signed approximately 300 bills and vetoed 80 since our last report, addressing a broad spectrum of critical issues facing the state. These include measures aimed at preventing and ending homelessness, enhancing housing accountability and production, and streamlining transparency and efficiency in government operations. Key actions also focus on strengthening housing protections.

In addition, consumer protection bills were signed this week, with a particular focus on medical debt, overdraft fees, and unfair subscription practices. The Governor also enacted important legislation concerning California’s gun laws, oil and gas regulations, farmworker housing, fixing failing sewer systems, sideshows and street takeovers, and safeguarding children from social media addiction. The Governor has until September 30 to review the remaining 500+ bills pending action on his desk.

In this report, we provide detailed updates on legislative and policy developments and their potential impact on Orange County. Key sections include recent actions on housing and homelessness, the Insurance Commissioner’s bulletin to protect those affected by recent Southern California wildfires, the special legislative session on gas prices, revenue updates from the Department of Finance, and a focus on bills addressing reparations and civil rights. We also include the Governor’s recent press releases on several significant policies enacted this month.


Insurance Commissioner Lara Issues Bulletin Protecting Those Impacted by the Airport Fire

Last week, Insurance Commissioner Ricardo Lara issued a mandatory one-year moratorium on insurance companies to preserve residential insurance coverage for approximately 750,000 policyholders affected by the Airport, Bridge, and Line fires located in the counties of Orange, Riverside, Los Angeles, and San Bernardino. The Commissioner’s Bulletin shields those living within the perimeters or adjoining ZIP Codes of these fires from insurance non-renewal or cancellation for one year from the date of the Governor’s emergency declarations regardless of whether they suffered a loss.

“By law, I am able to place moratoriums on insurance company homeowners’ cancellations and non-renewals in areas stricken by wildfires. This creates much-needed breathing room for homeowners while my Sustainable Insurance Strategy takes effect,” said Insurance Commissioner Ricardo Lara, who has protected nearly 5 million people under the law since 2019. “Wildfire survivors should not have to worry about insurance while they are recovering. This temporary protection also will help calm fears and stabilize the market while the reforms we are making this year are implemented.”

The Bulletin lists the following zip codes in Orange County to receive the protection: 92028, 92055, 92530, 92532, 92562, 92570, 92595, 92610, 92624, 92629, 92672, 92673, 92675, 92676, 92677, 92678, 92679, 92688, 92692, 92694, 92808, 92881, 92882, 92883.

The Department of Insurance is deploying staff to wildfire disaster areas to assist survivors in filing claims and protect communities from potential insurance fraud and abuse. Consumer services experts are available in-person to answer questions at Local Assistance Centers. Visit the Department’s website to find information about Local Assistance Centers near you and view the Top 10 Tips for wildfire claimants to avoid becoming a victim of a scam, or call 800-927-4357 with any insurance-related questions.


Governor Newsom Signs Bipartisan Housing Legislative Package

At a press conference last Thursday, Governor Gavin Newsom signed a package of bills aimed at addressing affordable housing and homelessness in California. Joined by Attorney General Rob Bonta, Secretary of the Business, Consumer Services and Housing Agency Tomiquia Moss, Assembly Members Buffy Wicks (D-Oakland) and Tim Grayson (D-Concord), San Francisco Mayor London Breed and other key officials, the governor underscored the importance of strengthening California’s housing laws and holding local governments accountable.

A total of 32 bills covering a broad range of issues were signed by the governor, including measures streamlining housing production, increasing transparency and accountability, enhancing renters’ protections and addressing tribal housing needs. The governor cited a total of 70 housing bills that were sent to him and applauded the legislature for prioritizing bills to address California’s long standing affordability crisis, saying it was California’s “original sin,” and said he is now strengthening accountability measures for local governments.

Newsom applauded the work of Attorney General Rob Bonta’s accountability unit, which brought 540 actions, and called out the cities of Huntington Beach and Elk Grove, warning local governments that heftier fines are coming for noncompliance.

He announced that starting in the 7th Regional Housing Needs Allocation (RHNA) cycle, homelessness numbers will be incorporated into local housing allocations as a key metric. He further highlighted the state’s efforts to streamline housing element processes and improve builders' remedy provisions, which ensure that housing can still be developed when local plans fall short.

Reiterating the state’s ambitious goal of 2.5 million housing units by 2030, Newsom highlighted his efforts to work with the Carpenters Union and labor in general to make building regulations more efficient in support of the main goal of more housing at a faster rate.

A key focus of the press conference was the announcement of up to $2.2 billion in funding for Homekey+, an extension of the Homekey initiative, funded by Prop. 1. The governor noted that the new program will create over 4,000 permanent new supportive housing for veterans and individuals facing mental health and substance use disorder challenges. Half of the units created under Homekey+ will be reserved for veterans, and the program will launch in November, with applications opening in January. Funding is expected to be continuously distributed starting in May 2025.

When asked by reporters about the current availability of affordable housing in the face of homeless encampment clearings, Newsom responded with a laundry list of programs funded by the state including Project Homekey and CalAIM, while calling on local government “to do their job,” emphasizing that they need to clean up the streets and provide housing. Drawing on his own experience as mayor, he expressed frustration with the stagnant rhetoric, saying that he had heard the same talking points for 40 years. “It is criminal behavior to watch people die on the streets and sidewalks on our watch,” he said, and went on to say that he wanted to “fund success,” which will be reflected in his January budget proposal.

Responding to another question about resources for building housing in San Francisco. Newsom highlighted the billions in resources provided by the state for local housing but downplayed the state’s role in funding, saying that the government's job is to create the conditions for the private sector to come in and build housing. State government is here to “provide more certainty and set the rules of the road,” he said.

On the reoccurring issue of encampment clearings, Newsom again pointed to a laundry list of state funded programs and the Attorney General’s enforcement actions against local governments. He again pushed responsibility for the housing and homelessness crisis back to local governments saying his “job is to provide technical support, incentives, and drive accountability.”

The governor closed by underscoring the need for collaboration between state and local governments, emphasizing that these new laws and investments are critical to solving the state’s housing and homelessness crisis.

A full list of bills signed by the governor is below:

Preventing and Ending Homelessness

  • AB 3093 (Ward): Land use: housing element
  • AB 799 (Rivas, L.): Interagency Council on Homelessness: funding: state programs
  • SB 7 (Blakespear): Regional housing need: determination
  • SB 1395 (Becker): Shelter crisis: Low Barrier Navigation Center: use by right: building standards

Accountability and Enforcement

  • AB 1886 (Alvarez): Housing Element Law: substantial compliance: Housing Accountability Act
  • AB 1893 (Wicks): Housing Accountability Act: housing disapprovals: required local findings
  • AB 2023 (Quirk-Silva): Housing Element: Inventory of Land: Substantial Compliance: Rebuttable Presumptions
  • SB 1037 (Wiener): Planning and zoning: housing element: enforcement
  • AB 1413 (Ting): Housing Accountability Act: disapprovals: California Environmental Quality Act
  • AB 2667 (Santiago): Affirmatively furthering fair housing: housing element: reporting
  • SB 393 (Glazer): Civil actions: housing development projects
  • SB 450 (Atkins): Housing development: approvals

Housing Streamlining and Production

  • AB 2243 (Wicks): Housing development projects: objective standards: affordability and site criteria
  • AB 2488 (Ting): Downtown revitalization and economic recovery financing districts: City and County of San Francisco
  • AB 2199 (Berman): California Environmental Quality Act: exemption: residential or mixed-use housing projects
  • AB 2694 (Ward): Density Bonus Law: residential care facilities for the elderly
  • SB 312 (Wiener): California Environmental Quality Act: university housing development projects: exemption
  • SB 1123 (Caballero): Planning and zoning: subdivisions: ministerial review
  • SB 1211 (Skinner): Land use: accessory dwelling units: ministerial approval

Transparency and Efficiency

  • AB 1053 (Gabriel): Housing programs: multifamily housing programs: expenditure of loan proceeds
  • AB 2117 (Patterson): Development permit expirations: actions or proceedings.
  • AB 2430 (Alvarez): Planning and zoning: density bonuses: monitoring fees
  • AB 2553 (Friedman): Housing development: major transit stops: vehicular traffic impact fees
  • AB 2663 (Grayson): Inclusionary housing: fees: reports
  • AB 2926 (Kalra): Planning and zoning: assisted housing developments: Notice of expiration of affordability restrictions
  • SB 937 (Wiener): Development projects: fees and charges

Housing Protections

  • AB 2801 (Friedman): Tenancy: security deposits
  • AB 2747 (Haney): Tenancy: credit reporting
  • SB 611 (Menjivar): Residential rental properties: fees and security
  • SB 900 (Umberg): Common interest developments: repair and maintenance

Tribal Housing

  • AB 1878 (Garcia, E.): Housing programs: tribal housing program
  • SB 1187 (McGuire): Housing programs: Tribal Housing Reconstitution and Resiliency Act

Precision will provide any additional information, as needed.


August Revenues

The Department of Finance (DOF) and State Controller released reports on August’s General Fund revenues as compared to the 2024-25 Budget Act.

 

Tax Revenues

DOF August

DOF Fiscal YTD

Controller Fiscal YTD

Corporation

$844 million above forecast

$894.29 million above forecast

$844 million above forecast

Personal Income

$418 million above forecast

$774.57 million above forecast

$418 million above forecast

Sales and Use

$306 million below forecast

$59.56 million below forecast

$306 million below forecast

Total Revenues

$983 million above forecast

$1.74 billion above forecast

$983 million above forecast

 

Assembly Special Session: Petroleum and Gasoline Informational Hearings

The Assembly Committee on Petroleum and Gasoline Supply held two informational hearings to address the rising price of gasoline. A third hearing is scheduled for September 26 to discuss Governor Newsom’s proposal, ABX2 1 (Hart), which seeks to establish an Expert Advisory Committee to advise the California Energy Commission (CEC) on transportation fuel inventories and refinery maintenance, replacing the existing Independent Consumer Fuels Advisory Committee.

The hearings, the first of the special session, focused on the petroleum supply chain and California’s planned transition away from fossil fuels. Chaired by Assembly Member Cottie Petrie-Norris (D-Irvine) and attended by more than a dozen Assemblymembers, the hearings featured technically detailed testimony from experts, industry representatives, and consumer and environmental advocates including:

  • Neale Mahoney, Professor of Economics, Stanford University
  • Skip York, Senior Economist and Energy Strategist, Turner Mason & Company
  • Tom Robinson, Chairman, Robinson Oil
  • Siva Gunda, Vice Chair, California Energy Commission
  • Rajinder Sahota, Deputy Executive Officer for Climate Change and Research, California Air Resources Board
  • Tai Milder, Director, Division of Petroleum Market Oversight
  • Mark Nechodom, Ph.D., Senior Director for Science and Technology, Western States Petroleum Association
  • Norman Rogers, Second Vice President, United Steelworkers, Local 675
  • Mike Patterson, International Association of Heat and Frost Insulators, Local 5
  • Jamie Court, President, Consumer Watchdog
  • Alessandra Magnasco, Governmental Affairs and Regulatory Director, California Fuels and Convenience Alliance
  • Severin Borenstein, Ph.D., Faculty Director, Energy Institute at Haas School of Business, University of California, Berkeley
  • Connie Cho, Senior Policy Advisor, Asian Pacific Environmental Network

The special session has highlighted political tensions between Governor Newsom, Senate Pro Tem Mike McGuire, and Assembly Speaker Robert Rivas. In the final week of the regular legislative session, Governor Newsom had attempted to push through a proposal on gasoline prices. However, Speaker Rivas requested more time for Assemblymembers to consider the proposal, while Senate Pro Tem McGuire has yet to convene a special session in the Senate.

Newsom is asking legislators to pass additional regulations on oil refinery inventory and maintenance, granting the CEC the authority to mandate refiners store more gasoline to stabilize supplies during maintenance periods.

The informational hearings provided a comprehensive overview of the complexities of California’s petroleum market, with discussions ranging from supply chain logistics to the state’s transition to renewable energy. The first hearing, titled “California’s Petroleum Economy: The Present Market and the Future Fuels Transition Plan,” explored current market conditions and future challenges. The second hearing, “A Seller’s Market: Supply Constraints of Californian Petroleum Fuels and Potential Solutions to Create Market Liquidity,” delved into potential regulatory and market-based solutions. Background papers from the hearings can be found here

Newsom’s proposal aims to avert gas shortages and price spikes by requiring refiners to store more fuel that they can tap into when they go offline for scheduled maintenance. Republican legislators argued that California regulations and taxes are already artificially driving up gas prices in California and that if refiners had to build more storage and buy more crude oil to meet the requirements of the proposal, it would only drive prices up more.

Experts highlighted how California’s market is isolated and concentrated, with just five companies controlling 98% of California’s grade refining capacity and 11 refineries producing 90% of the state’s gas and diesel. California’s unique gasoline blend designed to mitigate smog, also adds complexity to the system. California crude production has declined in recent years, and consumption is expected to decline in the coming years, with Chair Petrie-Norris forecasting demand to be 85% of today’s levels in 2035.

Tom Robinson, Chairman, Robinson Oil argued that the California petroleum market is so complex, any proposals to try and fix it will likely make things worse.

Siva Gunda, Vice Chair of the California Energy Commission stated that while the current level of storage could theoretically meet the proposed inventory requirements, further study is needed. In response to lawmakers, he also explained that it is illegal for refineries to coordinate maintenance schedules for the sake of ensuring a more stable supply.

Mark Nechodom, Ph.D., Senior Director for Science and Technology, Western States Petroleum Association highlighted challenges specific to ports in the petroleum supply chain, posed by “At-Berth” regulations from the California Air Resources Control Board (CARB). Set to take effect January 1, 2025, there rules will require ocean-going tanker vessels in Southern California ports to cut emissions using shore power or CARB-approved technologies. He noted that the California tanker fleet is not currently equipped to comply, which could limit the state’s capacity to accept imported oil, compounding existing supply chain challenges with pipelines and in-state production. 

Although Newsom’s proposal is currently the sole item on the agenda for Thursday’s policy committee hearing, other measures have been introduced and are pending referral. Notably, Assemblymember Mike A. Gipson (D-Carson) has introduced AB X2-8, which seeks to delay implementation of CARB air pollution regulations on petroleum tanker vessels.

A failure to delay could significantly disrupt California’s imported fuel supply, as the tanker fleet, responsible for transporting 75% of the state’s imported crude oil, may be forced to reduce ship visits, leading to fuel shortages and further price increases. Assemblymember Gipson expressed his commitment to finding balanced solutions that protect both California’s economy and environment.

A floor session in the Assembly is scheduled for October 1, during which Newsom’s proposal to increase refinery reserves may be considered. Precision will continue to monitor and report on developments in the special session.


Reparations Legislation

This year, the legislative Black caucus prioritized its response to the work of the California Reparations Task Force, established in 2020 via AB 3121 (Weber), Chapter 319, Statutes of 2020, which was tasked with studying and developing reparations proposals for African Americans. The Task Force spent two years traveling across the state, held 15 public hearings, and gathered input from over 100 expert witnesses and members of the public. This extensive effort culminated in a report outlining numerous recommendations, including up to $1.2 million in payments per eligible Black resident to address racial harms perpetuated by the state, such as lower life expectancies, excessive policing, housing discrimination, lost business opportunities, and land seizures by racially motivated eminent domain. In response, Governor Gavin Newsom allocated $12 million in the 2024 Budget Act to begin implementing measures based on the task force’s recommendations.

According to Assembly Member Lori Wilson (D-Suisun City), Chair of the California Legislative Black Caucus, the Caucus introduced a 14-bill package with the understanding that fully addressing the Task Force’s recommendations would take five to ten years. Notably, none of the bills proposed this year included direct payments to individuals, which would have impacted the state General Fund. Two additional bills, SB 1331 and SB 1403, introduced outside the formal package by Senator Steven Bradford (D-Gardena), contributed to end-of-session tensions for the Black Caucus.

After Senator Bradford refused to accept amendments proposed by the Governor’s office, the Caucus chose not to bring SB 1331 and SB 1403 up for a vote on the Assembly floor, opting instead to reintroduce them next year out of concern they would be vetoed and reflect poorly on the broader reparation’s effort. Proposed amendments included allocating $6 million to California State University to study the implementation of reparations, including how to verify eligibility for those seeking reparations.

While the Assembly floor session was underway, about 25 advocates, mostly from the Coalition for a Just and Equitable California, protested in the capitol rotunda, urging the Black Caucus to reconsider and bring the legislation up for a vote.

  • SB 1331 (Bradford): The Fund for Reparations and Reparative Justice would have established a fund in the State Treasury to finance policies approved by the legislature and governor addressing harm caused to descendants of enslaved African Americans and certain Free Blacks.
  • SB 1403 (Bradford): The California American Freedmen Affairs Agency would have been created to implement the recommendations of the Reparations Task Force.

The following outlines the legislative Black Caucus that have been signed or are awaiting action by the governor.


Education

  • AB 1929 (McKinnor): Career Technical Education: Data Collection. Requires local educational agencies receiving certain Career Technical Education state grants, along with the California Community College Chancellor’s Office, to disaggregate program outcome data by race and gender. Signed by the Governor - Chapter 145, Statutes of 2024.
  • AB 3131 (McCarty): Strong Workforce Program: Equity Multiplier Funding. Requires local educational agencies receiving Equity Multiplier funding through the Local Control Funding Formula to receive preference for the K-12 Strong Workforce Program, a career technical education initiative. Signed by the Governor - Chapter 434, Statutes of 2024.

 
Civil Rights

  • AB 1815 (Weber): Discrimination: Race and Hairstyles. Expands the definition of race under the Unruh Act to include traits associated with race, such as hair texture and protective hairstyles. The bill also makes a minor change to the existing CROWN Act, extending protections against hairstyle discrimination to any public or private entity open to the public. Awaiting action by the Governor.
  • SB 1050 (Bradford): California American Freedmen Affairs Agency: Eminent Domain. Establishes a process for property owners dispossessed by racially motivated eminent domain to apply for the return of the property, equivalent compensation, or other redress. Awaiting action by the Governor.
  • AB 3089 (Jones-Sawyer): Chattel Slavery: Formal Apology. Requires the State of California to issue a formal apology for its role in perpetuating the harms of chattel slavery, with a plaque memorializing the apology to be installed at the State Capitol. Awaiting action by the Governor.

 
Criminal Justice Reform

  • AB 1986 (Bryan): State Prisons: Banned Books. Requires the Office of the Inspector General to post the Department of Corrections and Rehabilitation's list of disapproved publications to eliminate the unregulated banning of books. Awaiting action by the Governor. Awaiting action by the governor.
  • ACA 8 (Wilson): Slavery. Deletes language from the state Constitution allowing involuntary servitude as punishment for a crime. Prohibits disciplining incarcerated individuals for refusing work and allows voluntary work programs. Will appear on the November 2024 statewide ballot - Chapter 133, Statutes of 2024.

 
Health

  • AB 1975 (Bonta): Medi-Cal: Medically Supportive Food. Makes medically supportive food a permanent part of Medi-Cal benefits when prescribed by healthcare providers. Awaiting action by the Governor.
  • SB 1089 (Smallwood-Cuevas): Grocery and Pharmacy Closures: Notification Requirements. Requires establishments to provide employees with 45 days' notice prior to closures and imposes civil penalties for violations. Awaiting action by the governor.


Governor’s Press Releases

Below is a list of the governor’s press releases beginning September 18.

September 25: Governor Newsom signs legislation to restrict polluting oil & gas operations near schools, daycares, and across communities

September 24: TOMORROW: In Los Angeles, Governor Newsom to take action on oil and gas legislation

September 24: Governor Newsom announces appointments 9.24.24

  • Steve Juarez, of Truckee, has been appointed to the California State Teachers’ Retirement Board
  • Derek Urwin, of San Clemente, has been appointed to the Occupational Safety and Health Standards Board
  • Sandra Sims, of Los Angeles, has been appointed to the Baldwin Hills Conservancy Governing Board

September 24: Governor Newsom signs bipartisan legislation to strengthen California’s gun laws

September 24: Governor Newsom signs new laws to expand farmworker housing and cut red tape

September 24: Governor Newsom signs bills to fix failing sewer systems, help connect more people to clean drinking water

September 24: Governor Newsom signs consumer protection bills targeting medical debt, overdraft fees, and unfair subscription practices

September 24: California deploys Incident Support Team to Florida ahead of Tropical Storm Helene

September 24: TODAY: In Fresno, Governor Newsom to sign bills to boost affordable housing for California farmworkers

September 23: Governor Newsom signs bipartisan bills to address sideshows and street takeovers

September 23: Governor Newsom signs legislation to limit the use of smartphones during school hours

September 23: State launches new initiative to mobilize one million Californians for climate action

September 22: Governor Newsom issues legislative update 9.22.24

September 22: On World Alzheimer’s Day, Governor Newsom signs legislation to take on dementia and help Californians thrive as they age

September 21: Governor Newsom signs landmark bill to protect kids from social media addiction, takes action on other measures

September 20: Governor Newsom announces appointments 9.20.24

  • Katherine “Katie” Butler, of Los Angeles, has been appointed Director of the California Department of Toxic Substances Control
  • Myriam Bouaziz, of Fairfield, has been appointed Director of the Office of Tax Appeals, where she has served as Chief Deputy Director since 2020
  • Holly Holtzen, of Santa Rosa, has been appointed Administrator of the Veterans Home of California, Yountville
  • Samantha Arthur, of Sacramento, has been appointed Deputy Secretary of Water at the California Natural Resources Agency
  • Todd Ratshin, of Elk Grove, has been appointed Deputy Secretary for Enforcement at the California Labor and Workforce Development Agency
  • Karen Greene Ross, of Sacramento, has been appointed to the Commission on State Mandates

September 20: Special session hearings prove case for proposal to prevent gas price spikes

September 20: Sites Reservoir project clears legal hurdle thanks to streamlining law

September 20: Governor Newsom proclaims POW/MIA Recognition Day 2024

September 20: California continues streak of slashing climate pollution while growing economy

September 19: Governor Newsom signs bills to crack down on sexually explicit deepfakes & require AI watermarking

September 19: Governor Newsom signs bipartisan housing package and launches Prop 1 Homekey+ initiative

September 19: Californians can now store driver’s licenses, state IDs in Apple Wallet

September 18: TOMORROW: Governor Newsom to take action on housing & homelessness with new legislation and funding announcements

 
 
Washington D.C. Update
Prepared by Townsend Public Affairs

Congress Averts Government Shutdown Establishing new December Funding Deadline

On Wednesday, September 25 Congress passed a stopgap bill to fund the government through December 20. The legislation largely keeps the federal government running at existing funding levels until the winter recess while incorporating limited boosts to critical programs. Among the increases is a $231 million boost in funding for the Secret Service. Excluded from the bill was the SAVE Act, which would require voters to show proof of US citizenship in order to register, and a requested extra $10 billion for the Federal Emergency Management Agency’s disaster relief fund. House Appropriations Committee Chair Tom Cole said that the extra $10 billion will ultimately be added to the final spending deal in December.

The November elections will impact how the FY2025 negotiations proceed during the lame duck session. If one party wins control of the White House, Senate, and House, they might have incentive to pass medium-term bills only—long enough to clear the decks for the new president, but short enough to allow them to use their unified power next year.

Additionally, Republican leadership is changing. Senate Minority Leader Mitch McConnell is stepping down as the Republican Senate leader after the election and Speaker Mike Johnson may not be the Republican party leader if they lose the House majority. Both of these changes will impact the dynamics between parties and previous agreements on spending levels.

County Relevance

  • Orange County’s 2024 Federal Legislative Priorities support legislation to enhance penalties for offenses related to threatening, harassing, or intimidating election officials or election workers in the performance of their duty.
  • Padilla notes that these protections became law in California this month when Governor Gavin Newsom signed a package of gun safety legislation including AB 2642 sponsored by Assemblymember Marc Berman (D-Menlo Park).

 

The Building Chips in America Act Heads to President Biden’s Desk

On September 23, the House passed the Building Chips in America Act of 2023 (S.2228). The legislation will accelerate the environmental regulatory process and avoid unnecessary delays for domestic semiconductor chip manufacturing projects. S.2228, first passed by the Senate in December 2023, expands upon the original CHIPS and Science Act passed in 2022. It gives executive agencies more authority to implement the CHIPS and Science Act, boosting American microchip manufacturing and strengthening domestic supply chains. Specifically, it addresses certain Commerce Department initiatives authorized by the FY2021 defense authorization, which allowed the Commerce, Defense, and State departments to provide financial assistance for efforts to bolster domestic semiconductor manufacturing. The legislation heads to President Biden’s desk where he is receiving pressure from some environmental groups to veto the legislation. The bill passed both chambers of Congress with veto-proof majorities.

 

County Relevance

  • The Orange County legislative platform supports streamlining of the National Environmental Policy Act. While this legislation is narrowly focused on NEPA streamlining as it pertains to the manufacturing of semiconductors, it demonstrates a growing bipartisan willingness in Washington to examine NEPA.


House Passes the Fix Our Forests Act

On September 24, the House or Representatives approved the Fix our Forests Act (H.R. 8790), the legislation heads to the Senate for further consideration. Federal agencies would have expanded authorities to take preventative action against wildfires that would be exempt from environmental review and shielded from legal challenges. The Agriculture and Interior Departments would have to actively manage areas facing a heightened risk of wildfires, including by removing trees and vegetation that cause fire to spread.

H.R. 8790 aims to encourage proactive efforts to prevent wildfires, including by increasing the scope of Forest Service management projects; bolstering collaboration between federal, state, local, and tribal entities; and deploying modern technology. Supporters also say it would remove regulatory roadblocks to forest management.

The bill received bipartisan support from the House, including a large number of members of the California and Orange County delegations. Among the supporters were Reps. Correa, Kim, and Steel.

 

This Week’s Committee Action

House Committee on Science Space and Technology

On September 25, the House Committee on Science Space and Technology hosted a full markup where they considered the following legislation and nominations:

  • R. 9671, Department of Energy Artificial Intelligence Act of 2024
  • R. 9710, Small Modular Reactor Demonstration Act of 2024
  • R. 9720, AI Incident Reporting and Security Enhancement Act
  • R. 9723, National Windstorm Impact Reduction Program Reauthorization Act of 2024

 

Senate Committee on Judiciary

On September 26, the Senate Committee on Judiciary hosted a full markup where they considered the following legislation and nominations:

  • S. 1306 COPS Reauthorization Act of 2023
  • S. 2082 Ensuring Justice for Victims of Terrorism Act
  • S. 2140 Patent Eligibility Restoration Act of 2023
  • S. 2220 PREVAIL Act
  • S. 4713 IDEA Act
  • PN1904 Ryan Young Park - United States Circuit Judge for the Fourth Circuit
  • PN1578 Bobby Jack Woods - United States Marshal for the Eastern District of Kentucky

 

House Committee on Transportation and Infrastructure

On September 25, the House Committee on Science Space and Technology hosted a committee markup, below is the legislation considered:

  • H.R. 7671, the Disaster Management Costs Modernization Act  
  • Amendment in the Nature of a Substitute to H.R. 9750, the Natural Disaster Recovery Program Act of 2024

 

EXECUTIVE BRANCH ACTIVITY

 

White House Releases Gun Violence Prevention Progress Report

The White House released a report on progress made by the Biden-Harris Administration to reduce gun violence in the past year. President Biden created the White House Office of Gun Violence Prevention in 2023 via the Bipartisan Safer Communities Act (BSCA). Their mission is to expand upon key executive and legislative actions that reduce gun violence and promote public safety.

The Department of Justice reported that from January to June, gun homicides dropped 17 percent compared to the same timeframe last year. In addition, data from the Gun Violence Archive indicates that the number of mass shootings to date in 2024 has decreased by 20 percent compared to the same period last year.

A few initiatives of the White House Office of Gun Violence Prevention include but are not limited to:

  • Making Clear the Gun Show Loophole Does Not Exist: The Department of Justice estimates that over 20,000 unlicensed sellers are engaged in the business of firearm dealing through online advertisements, gun shows, and other means. These unlicensed sellers should be licensed and therefore conducting background checks.
  • Implementing State Red Flag Laws: BSCA includes $750 million for states to implement crisis interventions such as red flag laws. However, by March 2024, only six states had accessed BSCA’s crisis intervention funding for the purpose of implementing red flag laws.
  • Enhancing Gun Background Checks for Individuals Under Age 21: The Federal Bureau of Investigation conducted over 300,000 enhanced background checks of individuals under 21, denying over 3,500 of those transactions. Of that total, the enhanced checks alone are responsible for a quarter of all denials. Nearly 900 firearms transfers to individuals under age 21 have been denied because of BSCA.

To read the full progress report, please visit here.

 

LEGISLATION INTRODUCED BY ORANGE COUNTY DELEGATION

 

Representative Levin Introduces Nuclear Waste Administration Act

Orange County Rep. Mike Levin introduced H.R. 9786, the Nuclear Waste Administration Act which would establish an independent administration to manage the country’s nuclear waste, including the waste currently stored at the San Onofre Nuclear Generating Station.

A fact sheet on the bill is available here, and full text of the bill is available here.

 

Senator Padilla Announces Introduction of Legislation Increasing Election Worker Protections

On September 25, Senator Alex Padilla of California and Rep. Chis DeLuzio of Pennsylvania announced the introduction of election security legislation called the Freedom from Intimidation in Elections Act. The bill would limit the presence of visible firearms at locations where voters cast their ballot or election workers perform their official duties, and would empower poll workers and election officials to continue safely administering elections.

According to a statement from Sen. Padilla the bill would specifically:

  • Amend Section 11(b) of the Voting Rights Act to establish a rebuttable presumption that a person carrying a visible firearm while engaging in election-related activities is engaging in voter intimidation.
  • Provide civil remedies for individuals who experience this type of intimidation, including an emergency injunction that would allow the voter or election official to carry out their duties in peace.
  • Recognize an exception for law enforcement officers acting within their official duties.

A fact sheet on the bill is available here, and full text of the bill is available here

 
 
Weekly Clips

Thursday (09/26)

Newsom signs bills to close Inglewood Oil Field and increase fines on idle wells -- Gov. Gavin Newsom escalated his conflict with the fossil fuel industry by signing bills Wednesday that will shut down the sprawling Inglewood Oil Field by 2030 and hike the fees that companies must pay to cover the cost of cleaning up 40,000 idle wells across the state. Melody Petersen in the Los Angeles Times Alejandro Lazo CalMatters Paul Rogers in the San Jose Mercury -- 9/26/24

Newsom signs bill banning single-use propane cylinders popular with campers -- Disposable propane canisters like the dark green ones used with camping stoves will soon be phased out in California, after Gov. Gavin Newsom signed legislation Sunday requiring all one-pound cylinders sold in the state to be reusable or refillable starting in 2028. Maliya Ellis in the San Francisco Chronicle -- 9/26/24

Wednesday (09/25)

Canceling subscriptions will be a ‘one-click’ snap in California under new law -- Music on demand. Television programs. Mobile phone service. Professional sports telecasts. Audiobooks. News. Videogames. Computer software. Jon Healey in the Los Angeles Times -- 9/25/24

New California law gives tenants more time to respond to eviction notices -- Tenant advocates say giving renters 10 days to respond to eviction notices, up from 5, will help those who live in rural areas and have trouble finding legal help. Some landlords argue it will increase their costs. Felicia Mello CalMatters -- 9/25/24

Tuesday (09/24)

Man shot near his Lamborghini at South Coast Plaza. Gunman reportedly wanted car, Rolex -- A man was shot Sunday alongside his Lamborghini during an attempted robbery outside Bloomingdale’s at South Coast Plaza, Costa Mesa police said. The suspect is still at large. Sandra McDonald in the Los Angeles Times -- 9/24/24

California orders schools to restrict cellphone use amid student distractions, anxiety -- Gov. Newsom signed the Phone-Free Schools Act into law. It requires California school districts to draft policies restricting or banning student cellphone use. Jaweed Kaleem and Howard Blume in the Los Angeles Times Shawn Hubler and Troy Closson in the New York Times Blake Jones Politico -- 9/24/24

Monday (09/23)

California sues Exxon, claiming oil giant deceived public on how much plastic can be recycled -- The state of California sued ExxonMobil, the largest oil and gas company in the country, for allegedly deceiving the public about the recyclability of plastic. Shira Stein in the San Francisco Chronicle -- 9/23/24

Governor signs California plastic bag bill into law -- The new law will go into effect on Jan. 1, 2026 and focuses only on checkout bags — not bags used to hold produce or wrap food that could cause contamination, such as meat. Susanne Rust in the Los Angeles Times -- 9/23/24

Weekend (09/21-09/22)

San Francisco warns RV occupants: Accept help or be towed -- San Francisco Mayor London Breed said the city will make parking between midnight and 6 a.m. a towable offense for oversized vehicles whose occupants refuse offers of housing or other services. Corinne Purtill in the Los Angeles Times -- 9/22/24

Newsom signs California bill to limit ‘addictive’ social media feeds for kids -- California took a major step in its fight to protect children from the ills of social media with Gov. Gavin Newsom’s signature on a bill to limit the ability of companies to provide “addictive feeds” to minors. Taryn Luna in the Los Angeles Times -- 9/21/24

 
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