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Receive a verbal update from Paragon Government Relations, the County’s federal Legislative Advocates and Karen Lange, the County’s State Legislative Advocate on legislative matters of interest to the County including AB 259, AB 303, AB 470, AB 518, AB 874, SB 16, SB 239, SB 346, SB 496, and SB 707 and consider providing staff with direction
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Published Notice Required? Yes _______ No ___X__
Public Hearing Required? Yes _______ No ___X__
DEPARTMENTAL RECOMMENDATION:
It is recommended that the Board of Supervisors receive a verbal update from Paragon Government Relations, the County’s federal Legislative Advocates and Karen Lange, the County’s State Legislative Advocate on legislative matters of interest to the County including AB 259, AB 303, AB 470, AB 518, AB 874, SB 16, SB 239, SB 346, SB 496, and SB 707 and consider providing staff with direction.
SUMMARY:
The County’s federal Legislative Advocates at Paragon Government Relations will give a verbal update on developments taking place in Washington D.C. and key legislation of interest to the County. County staff, in coordination with Karen Lange, the County’s State Legislative Advocate, will provide a verbal update on developments at the State Capitol and key legislation of interest to the County, including AB 259, AB 303, AB 470, AB 518, AB 874, SB 16, SB 239, SB 346, SB 496, and SB 707, and seek Board direction. All of the bills listed are presented in detail below in the Discussion section of this report.
FINANCIAL IMPACT:
The County’s Legislative Affairs efforts are embedded in the County Administrator’s Office and designed to result in additional funding and cost avoidance relative to Solano County. The cost of preparing this report is nominal and is included in the County Administrator’s FY2024/25 Working Budget.
DISCUSSION:
At their meeting on January 7, 2025, the Board of Supervisors voted unanimously to dissolve the County’s Legislative Committee. The Board directed staff to bring all legislative matters of interest to the County that either (1) were not addressed in the County’s Legislative Platforms and/or (2) rose to a level of interest that warranted additional discussion to the full Board. Staff, in coordination with the County’s federal and State Legislative Advocates, is recommending the Board of Supervisors receive a presentation on the following bills and provide staff with direction.
AB 259 (Rubio) Open Meetings, Local Agencies, Teleconferences
Assembly Bill 259, introduced into the California State Assembly by Assemblymember Blanca Rubio (D), extends provisions related to teleconferencing for local agencies under the Ralph M. Brown Act. The bill removes a sunset date of January 1, 2026, making certain teleconferencing provisions permanent. These include allowing members of a local agency to participate remotely in meetings under specific conditions, such as emergency situations, and ensuring that a quorum of the body meets in person at a public location within the agency's jurisdiction. Additionally, the bill extends the allowance for members to request remote participation due to emergency circumstances, even if the request does not meet the usual 72-hour agenda notice requirement. The bill also includes legislative findings affirming the importance of public access to meetings and complies with constitutional requirements regarding public meetings and records.
Solano County Considerations: AB 259 offers increased flexibility for Solano County policymakers, enabling them to participate in Board meetings remotely under justifiable circumstances. These include emergencies, illness, disability, or official County business that requires travel. The bill maintains the core principles of the Brown Act, ensuring meetings remain open, transparent, and accessible to the public. By leveraging modern technology, this legislation supports the continued delivery of essential services to the community.
AB 303 (Addis) Battery Energy Storage Facilities
Assembly Bill 303, introduced into the California State Assembly by Assemblymember Dawn Addis (D), proposes restrictions on battery energy storage systems capable of storing 200 megawatt-hours or more. The bill would prohibit approving development projects with such systems if they were located within 3,200 feet of sensitive receptors (e.g., residences, schools, healthcare facilities) or on environmentally sensitive sites. It also directs the State Energy Resources Conservation and Development Commission to deny pending applications for battery energy storage systems and clarifies that such systems are not considered eligible energy storage facilities under existing certification rules. The bill emphasizes public safety concerns and takes effect immediately as an urgency statute.
Solano County Considerations: AB 303 would return permitting of battery storage facilities to the local level. Legislation passed two years ago allowed project proponents to bypass the local permitting process and go straight to the California Energy Commission for approvals. In the meantime, fires have broken out at a completed facility and the smoke from those fires is treated as toxic, which has created concern in the community surrounding the battery storage facility. The author is responding to those concerns and wants to restore local control and local input into the permitting of these projects.
AB 470 (McKinnor) Telephone Corporations, Carriers of Last Resort
Assembly Bill 470, introduced into the California State Assembly by Assemblymember Tina McKinnor (D), would allow telephone corporations in California to relinquish their "carrier of last resort" (COLR) designation, the obligation to provide basic phone services, in eligible areas by submitting a notice to the California Public Utilities Commission. Eligible areas include regions with no population or those well-served by alternative voice providers. The bill requires corporations to update their service tariffs and fund a customer challenge process for those claiming no alternative service is available; if successful, the corporation must continue service for two additional years. The CPUC must also create a transition plan for non-eligible areas to ensure Californians maintain reliable communication access, particularly for emergency services.
Solano County Considerations: AB 470 may enable telephone corporations to gradually phase out Carrier of Last Resort (COLR) services in parts of Solano County that currently rely on landline telecommunications as their primary communication method, including during emergencies. While the bill requires telephone corporations to update their terms of service and finance a customer challenge process, there is a risk that some areas with concentrated pockets of poor telephone and internet service availability may eventually lose connectivity altogether.
AB 518 (Ward) Low-Impact Camping Areas
Assembly Bill 518, introduced into the California State Assembly by Assemblymember Christopher Ward (D), addresses low-impact camping areas within the framework of the Special Occupancy Parks Act. The bill specifies that a "low-impact camping area" is not considered a special occupancy park, provided it meets certain criteria and is located in a county that has authorized low-impact camping through a local ordinance. A "low-impact camping area" is defined as private property offering temporary sleeping accommodations for recreational purposes (not commercial lodging), subject to specific requirements. The bill also mandates that counties enforce regulations related to waste disposal and quiet hours at these areas and establish a registry of such campsites if they authorize low-impact camping.
Solano County Considerations: AB 518 permits cities and counties to opt-in and allow low-impact camping on individual residential properties, provided certain conditions are met. However, since participation is voluntary, companies may operate websites that obscure the locations of these camping sites, making it challenging, if not impossible, to enforce local regulations such as waste disposal, quiet hours, and maintaining a registry of campsites. Unregulated low-impact camping in wildland-urban interface areas may also create conflicts with neighboring properties, particularly those involved in agricultural activities. Notably, despite the bill's opt-in nature, such camping activities are already occurring, including in Solano County, with website operators currently concealing the locations of host sites.
AB 874 (Farias) Mitigation Fee Act, Waiver of Fees, Affordable Rental Housing
Assembly Bill 874, introduced into the California State Assembly by Assemblymember Farias (D), proposes changes to the Mitigation Fee Act to support affordable rental housing. The bill would require local agencies to waive fees or charges typically collected to fund public improvements or facilities for residential developments that are governed by a regulatory agreement with a public entity and meet specific income and affordability criteria. However, the bill excludes certain fees from this waiver, such as those for school construction, code enforcement, inspection services, or other costs related to enforcing local ordinances or state laws.
Solano County Considerations: AB 874 may affect Solano County's ability to collect impact fees from cities with which it has agreements to fund expansion and/or new construction of County facilities needed to accommodate new, growth driven demands, for facilities to provide countywide government services. Although the bill currently excludes certain fees from this waiver, ongoing projects that depend on these fees could be at risk. This may ultimately impact the County's ability to sustain funding for future affordable rental housing projects and facilities that new residents will rely on once those developments are completed.
SB 16 (Blakespear) Homelessness
Senate Bill 16, introduced into the California State Senate by Senator Blakespear (D), declares the California Legislature's intent to introduce further legislation to address homelessness. While the bill itself does not propose specific actions, it signals a commitment to future initiatives aimed at combating homelessness. It references the existing Homeless Housing, Assistance, and Prevention (HHAP) program, which provides one-time grant funds to local jurisdictions to enhance regional coordination and expand resources for addressing homelessness.
Solano County Considerations: According to the County’s legislative advocates at SYASL Partners, Inc., SB 16 may require the County to cover up to 50 percent of the total operational costs for city homeless shelters. While the bill is currently a placeholder, key concerns for Solano County include: (1) identifying potential funding sources for these shelter costs and (2) assessing how this financial obligation could impact existing County mandated programs and services. Additional details, including potential impacts, will become clearer once the bill is finalized.
SB 239 (Arreguin) Open Meetings, Teleconferencing, Subsidiary Body
Senate Bill 239, introduced into the California State Senate by Senator Arreguin (D), expands teleconferencing provisions under the Ralph M. Brown Act to allow subsidiary bodies, groups created by a legislative body, to use alternative teleconferencing rules with specific requirements for public access, notice, and participation. The bill mandates agenda posting at a primary physical location, requires remote participants to appear on camera, and lists remote participants in meeting minutes. Legislative bodies must formally approve teleconferencing use for these subsidiary bodies before implementation and annually thereafter, with a two-thirds vote required for subsidiary body approval. Exceptions apply to subsidiary bodies overseeing police oversight, elections, or budgets. The bill also includes constitutional findings to ensure public access protections are maintained.
Solano County Considerations: SB 239 could offer greater flexibility for non-decision-making legislative advisory bodies in the County to hold meetings online rather than in person, while still adhering to ethical and transparency guidelines. Allowing these advisory bodies to meet virtually may also enhance community participation by reducing barriers often faced by individuals with disabilities, financial constraints, or transportation challenges. The California State Association of Counties (CSAC) is a sponsor of this bill.
SB 346 (Durazo) Local Agencies, Transient Occupancy Taxes, Short-Term Rental Facilitator
Senate Bill 346, introduced into the California State Senate by Senator Durazo (D), would authorize local agencies (cities and counties) to require short-term rental facilitators to report property details, including assessor parcel numbers and other identifying information, for short-term rentals listed on their websites (short-term rentals that are for less than 30 days.) The bill allows local agencies to impose fines for non-compliance and conduct audits of facilitators. It also requires facilitators to include local license numbers and transient occupancy tax certifications in rental listings if mandated by local ordinances. The bill clarifies that these provisions do not prevent local agencies from implementing additional regulations on short-term rentals, facilitators, or tax collection.
Solano County Considerations: According to the County's legislative advocates at SYASL Partners, Inc., SB 346 could improve Solano County’s ability to collect transient occupancy taxes (TOT) from short-term rental platforms, as these platforms are unwilling to disclose property addresses and locations to local governments without the threat of lawsuits or subpoenas. Furthermore, the bill would provide local agencies additional tools to help regulate short-term rentals, including, but not limited to fire safety, environmental health, and life safety concerns.
SB 496 (Hurtado) Advanced Clean Fleets Regulations, Appeals Advisory Committee, Exemptions
Senate Bill 496, introduced into the California State Senate by Senator Hurtado (D), would require the State Air Resources Board to establish an Advanced Clean Fleets Regulation Appeals Advisory Committee to review appeals of denied exemption requests under the Advanced Clean Fleets Regulation. The committee must include representatives from specified groups, meet monthly, and publicly share meeting recordings and appeal outcomes. The bill mandates that appeals be reviewed within 60 days and that the Board consider committee recommendations within another 60 days. Additionally, the bill expands the emergency vehicle exemption, modifies daily usage exemption rules for government fleets, and prevents the Board from requiring fleet owners to provide a signed zero-emission vehicle purchase agreement to qualify for certain compliance extensions.
Solano County Considerations: SB 496 could provide Solano County with much-needed flexibility in managing its fleet of vehicles, enabling the Department of General Services to navigate the Advanced Clean Fleet (ACF) regulations while still meeting the State’s ambitious emissions goals. The bill may also allow the County to delay or divert the purchase of costly Zero Emission Vehicles (ZEVs) until their prices decrease and the necessary infrastructure to support them is fully established. Additionally, the bill would offer greater flexibility for the County’s fleet of emergency vehicles, exempting those used in emergency responses from certain requirements. The California State Association of Counties (CSAC) is a sponsor of this bill.
SB 707 (Durazo) Open Meetings, Meeting and Teleconference Requirements
Senate Bill 707, introduced into the California State Senate by Senator Durazo (D), would expand public access requirements for city councils and county boards of supervisors’ meetings until January 1, 2030. It mandates these meetings provide two-way telephonic or audiovisual participation options, interpretation services, and increased efforts to engage the public. Agendas must also be translated into languages spoken by at least 20 percent of the county's population with limited English proficiency. The bill updates teleconferencing rules, extending alternative teleconferencing provisions to more groups, including neighborhood councils, student organizations, subsidiary bodies, and multijurisdictional agencies, with stricter requirements for accessibility and public engagement. It also broadens the definition of "just cause" for remote participation and extends teleconferencing allowances until 2030. The bill includes legislative findings to support these changes as matters of statewide concern.
Solano County Considerations: SB 707 proposes changes to the Brown Act by introducing additional teleconferencing requirements, two-way telephonic and audiovisual participation options, as well as the provision of interpretation, translation, and printed meeting agendas for languages spoken by at least 20 percent of the County’s population. These measures will increase costs and increase the workload for County staff, and the State has indicated that it will not reimburse the additional costs. According to the County’s legislative advocates at SYASL Partners, Inc., the California State Association of Counties (CSAC) is actively seeking amendments to the bill. If those efforts are unsuccessful, CSAC is likely to formally oppose the bill as it moves forward.
ALTERNATIVES:
The Board could choose not to receive the legislative updates or consider providing staff with direction and/or take positions on any of the presented legislative bills; however, this is not recommended as the Board gave direction to use this approach when they dissolved the County’s Legislative Committee at their January 7, 2025 meeting.
OTHER AGENCY INVOLVEMENT:
Staff consulted with Solano County Department Heads, Paragon Government Relations, SYASL Partners, Inc. to compile this legislative report.
CAO RECOMMENDATION:
APPROVE DEPARTMENTAL RECOMMENDATION