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Item 25.1 - Status Report on Pending Legislation AGENDAREPORTSUM~Y INITIATED BY: Honorable Mayor and Members of the City Council James L. Bowersox, City Man~ John D. Fitch, Assistant City Managef1r~ Penny Riley, Senior Management AnalYs~ Mi che 11 e Hoh loch, Management Intern tl.% June 6, 1995 TO: FROM: DATE: SUBJECl': Status Report on Pending Legislation ABSTRACl' The League Of California Cities has informed the City of the following measures which are pending in the State legislature: SB 176 (Alquist) Household Hazardous Materials AB 1947 {Battin} Hazardous Materials Ordinances: Adoption Procedures; AB 686 (Tucker) Tobacco Vending Machines; and AB 31XX (Sweeney) ERAF Shift. ENVIRONMENTAL REVIEW Environmental review is not required for this item under CEQA. FISCAL IMPACT There is no fiscal impact associated with this informational report. ADDITIONAL PUBLIC NOTIFICATION AND CORRESPONDENCE Assemblyman Jan Goldsmith; Senator David Kelley; Bob Wilson, the City's Lobbyist; and the League of California Cities will be mailed a copy of this agenda report. RECOMMENDATION It is recommend that the City Council oppose SB 176; oppose AB 1947; support AB 686; and support AS 31XX. ACl'ION a:\sb176.cvr 1 of 4 JUN 6 1995 ITEM 25,/!! CITY OF POWAY AGENDA REPORT This report 11 included on tn. Consent C.landar. Thera will ba no s.parat. dtlCUI.1on of the report prior to .pproval by tne City Council unl... mambars 01 tn. Council, ,ta1f or public request it to ba removed from the Con.ant C.landar and dtleu..ad ..parately. If you wish to hIve th1, report pulled for dt,CU.11on. pl.... fill out. .11p 1ndtcat1nl the report number and give it to the City Clark prior to the b.g1nn1nl of the City Council ...t1nS. DATE: SUBJECT: Honorable Mayor and Members of the City Council James L. Bowersox, City Mana~ John D. Fitch, Assistant City Manage~ Penny Riley, Senior Management Analys Michelle Hohloch, Management Intern June 6, 1995 TO: FROM: INITIATED BY: Status Report on Pending Legislation BACKGROUND The League of California Cities has informed the City of the following measures which are pending in the State Legislature: SB 176 (Alquist) Household Hazardous Materials; AB 1947 (Battin) Hazardous Materials Ordinances: Adoption Procedures; AB 686 (Tucker) Tobacco Vending Machines; and AB 31XX (Sweeney) ERAF Shift. FINDINGS SB 176 (Alauist) Household Hazardous Materials Senator Alquist introduced SB 176 on January 31, 1995, which would specify that the information on safer substitutes under a household hazardous substance information program be competent and reliable information, and prohibits any state or local agency from providing information on household hazardous substances or safer substitutes for products that contain hazardous substance, unless the information is competent and reliable. Thus, a jurisdiction that suggests using hot water as an alternative to drain cleaner or cat litter to absorb oil or other chemical spills at home, could not do so unless it has scientific research to back up the information. This bill would severely limit local governments' efforts to keep hazardous materials out of the sewer systems and landfills. Taken to the extreme, SB 176 suggests that cities need to do scientific research on the effectiveness of using elbow grease to remove stains, hot water to clean drains, or ammonia and water to clean windows. It is recommended that the City Council oppose SB 176. 2 of 4 JUN 6 1995 ITEM 25./ I Agenda Report - Pending Legislation June 6, 1995 Page 2 AB 1947 (Battin) Hazardous Materials Ordinances. Adootion Procedures Assemblymember Battin introduced AB 1947 on February 24, 1995, which would require cities to use standards of necessity, clarity, authority, nonduplication, consistency, and reference when adopting or modifying local hazardous materials ordinances. The standards are similar to the criteria state agencies must follow in adopting ordinances. AB 1947 would open up challenge to any adopted ordinance based on procedure rather than content. AB 1947 would require all cities and counties to use procedures similar to those specified under the Administration Procedures Act when adopting hazardous materials ordinances or regulations. The Administrative Procedures Act covers adoption of state agency regulations. While local ordinances would not be required to submit their ordinances to the State Office of Administrative Law, it would require local governments to use OAL-like procedures. These procedures are cumbersome, requiring extensive legal and economic analysis and burdensome record keeping. In the opinion of the League of California Cities, this bill is duplicative, burdensome, and costly to local governments. It is recommended that the City Council oppose AB 1947. AB 686 (Tucker) Tobacco VendinQ Machines Assemblymember Tucker introduced AB 686 on February 21, 1995, which is designed to restrict minors' access to cigarettes through vending machines. It would establish a statewide minimum standard for the location and operation of a tobacco vending machine. At the request of the League, the measure was amended to authorize local governments to enact stronger local vending machine ordinances. The language will be clarified to provide that stronger local ordinances are not just limited to banning vending machines, but can include alternate provisions as well, as long as they are stronger than the statewide standard. With the League amendment, passage of AB 686 would not affect the newly adopted City of Poway Ordinance No. 444, which bans tobacco vending machines within the City. It is recommended that the City Council support AB 686 as a way to reduce the availability of tobacco products to minors. AB 31XX (Sweenev) ERAF Shift Assemblymember Sweeney introduced AS 31XX on May 5, 1995, which would extend indefinitely the application of higher marginal tax rates for higher incomes which were slated to expire in 1996. The revenue generated by those higher rates would be used to reduce the property tax shift from cities, counties, and special districts to ERAF (Educational Revenue Augmentation Fund) in proportion to the amount each entity shifted to ERAF. The higher marginal tax rates would result in increased revenue of about $620 million in 1996-97. This amount would be used to reduce the total statewide ERAF transfer of about $3.9 million from both 1992-93 and 1993-94 state budget actions. Each jurisdiction's total ERAF transfer would be reduced by about 15 percent. The level of reduction in the ERAF transfer would increase annually. 3 of 4 JUN 6 1995 ITEM 25.1. I Agenda Report - Pending Legislation June 6, 1995 Page 3 Last year, the City of Poway shifted $384,000 in property tax revenue to ERAF. This legislation could potentially reduce the City's contribution to $326,400. It is recommended that the City Council support A8 31XX, which has been introduced as an urgency measure. ENVIRONMENTAL REVIEW Environmental review is not required for this item under California Environmental Quality Act guidelines. FISCAL IMPACT There is no fiscal impact associated with this informational report. ADDITIONAL PUBLIC NOTIFICATION AND CORRESPONDENCE Assemblyman Jan Goldsmith; Senator David Kelley; Bob Wilson, the City's Lobbyist; and the League of California Cities will be mailed a copy of this agenda report. RECOMMENDATION It is recommended that the City Council take the following actions: 1. Oppose SB 176 and direct staff to notify the Senate Committee on Toxics and Public Safety Management of the City's opposition to the measure. 2. Oppose AB 1947 and direct staff to notify the local Assembly delegation of the City's opposition to the measure. 3. Support AB 686 and direct staff to notify the local Senate delegation of the City's support for the measure. 4. Support AB 31XX and direct staff to notify the local Assembly delegation of the City's support for the measure. a:\sb176.agn 4 of 4 JUN 6 1995 ITEM 25.11~