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9,A -13 <br />Legislative Bill Action <br />................................ ............................... <br />priority eligibility in the award of competitive state <br />grants for planning, infrastructure, commercial or <br />industrial development. <br />The League is concerned with SB 744 because <br />it transfers significant local land use authority to the <br />state, by empowering a committee at HCD to order <br />local governments to approve projects or remove <br />conditions. For instance, X44 would make it <br />possible for developers to challenge conditions <br />imposed on a project at the local level which they <br />believe are "infeasible." The HAC would be able to <br />override these conditions if they felt they were <br />unreasonable and inconsistent with meeting local <br />housing needs. No state conditions which affect <br />housing cost, however, such as recently imposed <br />prevailing wage requirements, are on the table. <br />Importantly, developers who believe that their <br />projects have been unjustly treated by a local <br />government currently have recourse to the courts <br />under Anti -NIMBY Law [Section 65589.5 of the <br />Government Code]. This law requires a judge — a <br />neutral party — to decide if the local government <br />has complied with the law. In contrast, SB 744 <br />would give developers the ability to direct appeals <br />to a committee, instead of a neutral judge. <br />AB 1636 (Kehoe). Open Meetings. Closed <br />Sessions. Assessments. AB 1636 would provide <br />that a legislative body of a local agency may hold <br />closed sessions to conduct an assessment of its <br />performance in governance, practices and proce- <br />dures, and ethics, provided that a majority of the <br />members do not discuss among themselves busi- <br />ness of a specific nature that is within the subject <br />matter jurisdiction of the legislative body of the local <br />agency. AB 1636 would also provide that a closed <br />session held for this purpose may include a person <br />who will conduct an assessment or provide training <br />related to an assessment. Currently, the Ralph M. <br />Brown Act generally requires that the meetings of <br />the legislative body of a local agency be conducted <br />openly and publicly, resulting in increased public <br />confidence in local government. The Brown Act <br />also provides that the legislative body of a local <br />agency may hold closed sessions for specified <br />purposes. As stated in AB 1636 the definitions of <br />"governance assessment, practices, procedures <br />and ethics" can be broadly interpreted. Broad <br />interpretations have the potential to lead to misuse <br />as intended, resulting in public scrutiny and mis- <br />trust of local officials. Staff: Amy Brown, Status: <br />AsLG; Hrg: 4/23, Position: Oppose. <br />A hearing date for SB 744 in the Senate Hous- <br />ing Committee has been set for April 21. Staff: Dan <br />Carrigg, Status: SenHou &ComDev. Position: <br />Oppose. <br />ADMINISTRATIVE <br />AB 11 (Simitian). Elections. AB 1544 <br />would allow local, special and consolidated elec- <br />tions to be conducted wholly by mail if the election <br />is one in which there are no more than 10,000 <br />registered, eligible voters, and the other require- <br />ments of existing law are satisfied. AB 1544 reduces <br />the otherwise costly procedures for conducting <br />municipal elections, and allows citizens to vote <br />without the burden of having to travel to a voting <br />poll, which can be burdensome for those who do <br />not have easy access to transportation. Staff: Amy <br />Brown, Status: AsElecRedist &ConAm; Hrg- 4/22, <br />Position: Support. <br />ENVIRONMENTAL <br />A 306 (Kehoe). Water Meters. Existing law <br />requires the installation of water meters on new <br />residential and nonagricultural commercial develop- <br />ment built after January 1, 1992, but does not <br />require that customers be charged for water based <br />upon the quantity used. As amended on April 3, /1@ <br />3306 would require water customers that already <br />have water meters installed to be charged based <br />upon volume or quantity of water used. It would <br />require all remaining customers within a city to <br />retrofitted by January 1, 2008 and charged based <br />upon volume or quantity of water used. AB 306 <br />would also require water purveyors that apply for <br />financial assistance from the state for wastewater <br />treatment or water efficiency projects to demon- <br />strate that they meet the water meter requirements <br />specified in this bill by January 1, 2009. <br />The amended version of AB 306 contains <br />Visit the League's Official Web Site- "www.cacities.org PRIORITY FOCUS/PAGE 13 <br />