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Legislative Bill Action SB 1466 (Alarcon). Contracts for Labor or environmental impact report (EIR) is required for a Services. SB 1466 exposes public agencies to proposed project, requires lead agencies to civil penalties and undermines an agency's ability consider mitigation measures prior to project to determine the lowest responsible bidder. The approval, and makes several changes to the bill implies that any entity that enters into a labor California Envirenmentel Quality Act (CEQA) for contract for construction, janitorial or security these specific projects. Since this bill was never guard services, should know if the contract does negotiated with local government groups, it con- not provide sufficient funds to allow the contractor tains numerous unresolved procedural issues. to comply with all labor laws and regulations. S._.~B For instance, the 20-mile notification requirement 1466 a/so establishes a rebuttable presumption is unworkable in an urban setting. Another major that the entity entering into a contract for labor or issue of concern is that the bill provides that a lead services does not violate the provisions of this bill agency may determine that there ara overriding if the contract contains comprehensive information environmental, public health or safety reasons about the contractor and its workforce. This based on substantial evidence that the project rebuttable presumption would be extremely difficult should be approved. Under existing law, a lead for a public agency to successfully argue. Staff: agency may also make overriding determinations Natasha Fooman, Status: GovDesk, Position: regarding economic, legal, social and technolegi- REQUEST FOR VETO. cai or other considerations. SB 1828 appears to remove a lead agency authority to approve the project with these overriding considerations and would infringe upon police powers constitutionally HOUSING AND LAND USE granted cities and counties that ara necessary to AB 2292 (Dutra). Preemption of Local protect the public's health, safety, and welfare. - Authority and Properly Rights. AB 2292 re- Staff: Daniel Carfigg, Status: GovDesk, Position: moves both discretion and authority from local REQUEST FOR VETO. governments by "locking in" any residential zoning used to comply with housing element law for years AB 1866 0Nright). Second Units & Density at a time, and exposing a local government to Bonuses. Eliminating Public Review. Expand- lawsuits if it is later changed. This is clearly a shift lng Litigation. AB 1866 silences all public discus- of land use authority to the state, and hampers sion when a homeowner decides to build a second local ability to respond to changing conditions in housing unit in their backyard, and will require local their communities. Furthermore, this bill restricts governments throughout the state to rewrite their the freedom of a property owner to obtain a de- existing ordinances in an attempt to anticipate any sired down-zoning or rezoning of their property conceivable eventuality, resulting in longer, more from a local government, and provides an incen- complicated ordinances that will be enforced at t/ye for litigation by requiring local governments, planning and building counters, leaving applicants and their tax payers, to pay the attomeys fees of no recourse to appeal decisions to planning those who sue them.. A sample ~,eto letter for AB commissions and legislative bodies. AB 1866 also 2992 is available on the League's Web site, allows density bonus law to trump all other local www.cacities.or.q, under "Priority Issues - Housing policies by prohibiting local governments from and Land Use." Staff: Daniel Carrigg, Status: applying any local "development standard," defined GovDesk, Position: REQUEST FOR VETO. as "any ordinance, general plan element, specific plan, charter amendment, or other local law, policy, SB 1828 (Burton). Historical Resources. regulation or condition," that will have the effect of Affected Native American Sites. SB 1828 precluding the development of density bonus units. requires a lead agency to notify any affected tribe Based on this language, all other public policies when determining if a negative derJaration or an are given less value when compared with the Visit the League's Official Web Site--www.cacities.org PRIORITY FOCUS/PAGE 9