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
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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.
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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.
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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.
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