All People's Congress v NASMOS, Supreme Court of Sierra Leone, 26 October 1999Tony Kinnear
This case concerns the interpretation of Section 133 of the 1991 Sierra Leone Constitution, which abolished the requirement for a "petition of right" process to commence legal proceedings against the government. Specifically, the Supreme Court had to determine whether Section 133(1) was inoperative until Section 133(2) was enacted by Parliament.
The Supreme Court held that Section 133(1) abolished the petition of right process upon the Constitution coming into force. Section 133(1) and (2) could be read literally and there was no ambiguity or link between the two subsections. Therefore, the plaintiff was not required to follow the petition of right process and could commence proceedings directly against the government. However, the existing procedural law under
West Virginia Senate Bill (SB) 508, introduced in February 2016. The bill prevents anti-drillers from filing frivilous claims of "nuisance" against drillers, aggregating those claims into a class action lawsuit, and attempting to kill a legitimate company via "death by a thousand cuts."
This document provides a summary of legal and legislative updates regarding pipelines and eminent domain in New Jersey. It discusses federal and state oversight of oil and gas pipelines, current pipeline projects like PennEast and Pilgrim that have proposed using eminent domain, and legislation (S2748/A4178) that aims to restrict eminent domain to "public interest private pipeline" companies that demonstrate their project is in the public interest. It also lists municipalities opposing the Pilgrim Pipeline and notes Tom Gilbert's new role leading climate and energy work for the NJ Conservation Foundation.
The legislature in Sacramento is still out but that doesn't change the fact that at some point they'll be back and our business members need our advocacy more than ever. Especially critical when you hear about some of the gut-and-amend bills happening right now like AB 828, which would irreparably harm every landlord in California.
This document summarizes key issues regarding election systems in New York and the United States, focusing on campaign finance, access to voting, and voter eligibility. It provides a brief history of laws and debates around each issue area. For campaign finance, it discusses the history of expenditure limits, contribution limits, disclosure requirements, and public financing. For access, it examines voting methods and identification requirements. For eligibility, it outlines who is allowed to vote. The document also summarizes current debates around strengthening enforcement of campaign finance laws in New York State.
Our fourth Impact Forum was held on January 27, 2016 at Soho House in NYC on the topic of Immigration & Borders. Our brief aims to inform the Impact community on key questions on the subject from a political & social impact perspective: What makes a sensible immigration policy? How should borders define citizenship, residency, and rights? 26% of the U.S. population is either a first- or second-generation immigrant. It is estimated that 30% of New York residents are born outside of the United States. The Impact community joined a panel of top experts on immigration-related policy and social justice for a dialogue on the future of the US immigration system, hosted at the Soho House.
Learn more about Impact Borders here:
https://impactborders.splashthat.com
The document provides a summary of water-related bills passed or considered by the Texas legislature in the 2017 session. Key bills signed into law include HB 501 requiring increased financial disclosure, HB 3047 addressing videoconference participation in open meetings, and SB 625 creating a public information database for special districts. Bills sent to the governor include SB 1511 adding regional water planning requirements. Bills that did not pass include HB 2140 proposing a litter study panel and HB 3987 regarding desalination funding. The document covers topics like open government, finance, operations, purchasing, water planning and more.
All People's Congress v NASMOS, Supreme Court of Sierra Leone, 26 October 1999Tony Kinnear
This case concerns the interpretation of Section 133 of the 1991 Sierra Leone Constitution, which abolished the requirement for a "petition of right" process to commence legal proceedings against the government. Specifically, the Supreme Court had to determine whether Section 133(1) was inoperative until Section 133(2) was enacted by Parliament.
The Supreme Court held that Section 133(1) abolished the petition of right process upon the Constitution coming into force. Section 133(1) and (2) could be read literally and there was no ambiguity or link between the two subsections. Therefore, the plaintiff was not required to follow the petition of right process and could commence proceedings directly against the government. However, the existing procedural law under
West Virginia Senate Bill (SB) 508, introduced in February 2016. The bill prevents anti-drillers from filing frivilous claims of "nuisance" against drillers, aggregating those claims into a class action lawsuit, and attempting to kill a legitimate company via "death by a thousand cuts."
This document provides a summary of legal and legislative updates regarding pipelines and eminent domain in New Jersey. It discusses federal and state oversight of oil and gas pipelines, current pipeline projects like PennEast and Pilgrim that have proposed using eminent domain, and legislation (S2748/A4178) that aims to restrict eminent domain to "public interest private pipeline" companies that demonstrate their project is in the public interest. It also lists municipalities opposing the Pilgrim Pipeline and notes Tom Gilbert's new role leading climate and energy work for the NJ Conservation Foundation.
The legislature in Sacramento is still out but that doesn't change the fact that at some point they'll be back and our business members need our advocacy more than ever. Especially critical when you hear about some of the gut-and-amend bills happening right now like AB 828, which would irreparably harm every landlord in California.
This document summarizes key issues regarding election systems in New York and the United States, focusing on campaign finance, access to voting, and voter eligibility. It provides a brief history of laws and debates around each issue area. For campaign finance, it discusses the history of expenditure limits, contribution limits, disclosure requirements, and public financing. For access, it examines voting methods and identification requirements. For eligibility, it outlines who is allowed to vote. The document also summarizes current debates around strengthening enforcement of campaign finance laws in New York State.
Our fourth Impact Forum was held on January 27, 2016 at Soho House in NYC on the topic of Immigration & Borders. Our brief aims to inform the Impact community on key questions on the subject from a political & social impact perspective: What makes a sensible immigration policy? How should borders define citizenship, residency, and rights? 26% of the U.S. population is either a first- or second-generation immigrant. It is estimated that 30% of New York residents are born outside of the United States. The Impact community joined a panel of top experts on immigration-related policy and social justice for a dialogue on the future of the US immigration system, hosted at the Soho House.
Learn more about Impact Borders here:
https://impactborders.splashthat.com
The document provides a summary of water-related bills passed or considered by the Texas legislature in the 2017 session. Key bills signed into law include HB 501 requiring increased financial disclosure, HB 3047 addressing videoconference participation in open meetings, and SB 625 creating a public information database for special districts. Bills sent to the governor include SB 1511 adding regional water planning requirements. Bills that did not pass include HB 2140 proposing a litter study panel and HB 3987 regarding desalination funding. The document covers topics like open government, finance, operations, purchasing, water planning and more.
This document is a summary of a Supreme Court of the Philippines decision regarding a petition for prohibition filed in response to a "Petition to Amend the Constitution, to Lift Term Limits of Elective Officials, by People’s Initiative" that was filed with the Commission on Elections (COMELEC). The petitioners argue that the people's initiative to amend the constitution can only be implemented by an act of Congress, which has not yet been passed, and that COMELEC Resolution No. 2300 which governs initiatives is ultra vires insofar as constitutional amendments. They assert the initiative is limited to amendments and not revisions of the constitution. The court issues a temporary restraining order to enjoin the
Control and Supervision of Mines and Minerals in the BangsamoroIAGorgph
From the Muslim Mindanao Autonomy Roundtable Discussion Series of the Institute for Autonomy and Governance (IAG), presentation by Atty. Randolph Parcasio | 6 July 2015, Committee Room 1 Senate of the Philippines
85th Session Legislative Wrap Up, Brian Sledge & Hope WellsTWCA
This document summarizes the status and outcomes of several bills related to groundwater management that were considered during the 85th session of the Texas State Legislature. Several bills were signed into law, including some that set deadlines for adopting desired future conditions and allowed for electronic banking by groundwater conservation districts. However, other bills related to permitting, export permits, and regulating brackish groundwater were vetoed by the Governor. Additionally, many groundwater bills failed to pass or did not receive hearings, including several omnibus bills aimed at broader regulatory reforms.
The document summarizes challenges to arbitration awards with a focus on East Africa. It discusses the geographical scope covered, the legislative background in Kenya, Tanzania, Uganda and Rwanda. It also discusses approaches to finality of awards, grounds for setting aside awards such as time limits and jurisdiction. The document examines issues relating to appeals, including express limitations and implied rights of appeal. Key talking points highlighted include the "warts and all" approach to awards in Kenya and Uganda, and the wide and fluctuating definition of public policy.
Steven Duesing, Nicole Mathis, Blain Gowing, et. al. v. The Attorney General ...Guy Boulianne
This is an application for judicial review of a decision by the Minister of Health to detain Canadian citizens returning from abroad in federal quarantine facilities. The applicants argue this decision violates several of their Charter rights, including liberty, security of the person, arbitrary detention, right to counsel, presumption of innocence, and reasonable bail. They are seeking an injunction to suspend mandatory confinement and release currently confined individuals, as well as declarations that the decision is unconstitutional and an order quashing the decision. The grounds are that the applicants had reasonable quarantine plans and the government has not shown detention is necessary to prevent disease spread.
This document discusses key concepts relating to property rights and deprivation of property under the Malaysian Constitution. It defines key terms like "person", "property", and explains the scope of these terms based on case law. It also summarizes protections against deprivation of property, including that deprivation must be "in accordance with law" and must provide "adequate compensation". It discusses debates around whether Malaysia can be considered an Islamic state given the Constitution's secular foundations and provisions allowing Islamic laws for Muslims. The document takes an in-depth legal look at concepts important for understanding property rights under the Malaysian Constitution.
Section 133 of the Criminal Procedure Code allows magistrates to issue conditional orders to remove public nuisances. The Supreme Court of India has used this section innovatively to address environmental problems by ordering local authorities to implement drainage systems and remedy other issues causing public nuisance. While Section 133 grants broad powers, magistrates must ensure conditions are met like a considerable number of people being affected and it being an issue of great emergency or imminent danger before issuing orders. Case law has established stockpiling materials and noise/smell pollution can constitute public nuisances addressed under this section.
This document is an enrolled copy of House Bill 164 from the 2014 General Session of the Utah Legislature. It proposes an interstate compact to establish a commission to consider mechanisms for transferring federal public lands to state control. Key provisions include establishing membership and procedures for the compact commission, designating a compact administrator, defining funding sources, and setting goals of securing state sovereignty and jurisdiction over western public lands. The bill enacts the full text of the proposed Interstate Compact on the Transfer of Public Lands.
G.R. NO. 208493 Social Justice Societe (SJS) President Samson S. Alcantara Vs...NowPlanetTV
This document is a petition filed with the Supreme Court of the Philippines seeking to prohibit the Senate President and Speaker of the House from enacting legislation appropriating funds for the Priority Development Assistance Fund (Pork Barrel). The petitioner argues that the Pork Barrel system is unconstitutional as it allows members of Congress to misappropriate public funds collected through taxation for personal gain, in violation of principles of accountability and integrity. It also enables the executive branch to control the legislature by withholding Pork Barrel funds. The petitioner requests the Court to rule on the constitutionality of the Pork Barrel system and prohibit further appropriations to prevent damage to the Constitution.
This document summarizes Chapter 49 of the Texas Water Code, which establishes provisions applicable to all water districts in Texas. It defines key terms, outlines rules regarding the creation and administration of districts, and establishes guidelines for district boards, including qualifications for directors and requirements for quorums and officers. The chapter is meant to provide overarching rules that apply to all water districts unless otherwise specified by other relevant laws.
The document discusses whether Hawaii's Reapportionment Commission is subject to the state's Sunshine Law and open records law. It notes that while the Commission could be considered a board under the Sunshine Law, the law does not clearly apply to the Commission. The document also states that written materials maintained by the Commission would likely be subject to public inspection under the open records law as government records, unless disclosure is otherwise restricted. The Commission adopted rules that generally follow but make some modifications to the Sunshine Law requirements.
Vested Rights in Condemnation-1-3.ED Semiinar 2014v4.PowerpointPaul Barkhurst
This document provides an overview of vested rights and condemnation law. It begins with a brief history of property rights dating back to Roman and English common law. It discusses key Supreme Court cases like Euclid that established zoning as a valid use of police power. It explains the difference between police power regulations and condemnation. It outlines the development of common law vested rights doctrines and later statutes in Texas like Chapter 245 of the Local Government Code that were intended to provide more certainty around vested development rights. The document provides examples of relevant case law and outlines exemptions to statutory vesting rights.
Kerajaan Negeri Selangor v Sagong Tasi & Ors [2005] 6 MLJ 289surrenderyourthrone
The Court of Appeal dismissed the defendants' appeal in a case involving the acquisition of indigenous lands by the Selangor state government. The key holdings were:
1) The plaintiffs, as members of the Temuan tribe, held customary communal title over the lands in question based on their traditional occupation and use. This was a question of fact supported by evidence.
2) The Aborigines Peoples Act 1954, which aims to protect indigenous rights, must be interpreted broadly in favor of indigenous peoples. It recognizes the plaintiffs' customary communal title.
3) The acquisition of the lands amounted to compulsory acquisition requiring adequate compensation under the Federal Constitution. The relevant section of the 1954 Act must be read to provide
NPF gave its approval for the use of the land as a vaccination facility but communicated environmental and legal issues that the facility may run against.
The document discusses several topics:
1. It summarizes details of the PM CARES For Children scheme launched in India to support children orphaned by COVID-19, including benefits like a corpus of Rs. 10 lakh, education support, health insurance coverage.
2. It outlines Japan and China's competing territorial claims over the Senkaku/Diaoyu Islands in the East China Sea, and the implications of the US reaffirming its defense commitment to Japan over the islands.
3. It provides an overview of proposed amendments to India's Forest Conservation Act aimed at exempting certain infrastructure projects from forest clearances and easing other rules.
Este documento presenta una agenda para un día de capacitación sobre fundamentos estadísticos para finanzas. La agenda incluye introducciones a conceptos como el manejo de datos con Mathematica, empresas listadas en la Bolsa Mexicana de Valores, gráficos financieros y conceptos básicos de estadística descriptiva e inferencial.
Janet Gregory - Learning culture critical for Agile SuccessALE_Krakow
In software development, regardless of what we do, we need to be learning all the time. Many times it is only the application. Sometimes it is new methods and processes. Sometimes it is new ways to analyze, develop or test an application. It may be new languages or new tools. Perhaps most importantly, we learn different ways of dealing with people. In today’s world, testers are expected to have ‘soft skills’ to collaborate as well as have more technical knowledge than ever before. Janet Gregory share ideas about how to approach this learning curve and the different influences which help us succeed.
For FRIT 7739, I created this collaborative unit on digital citizenship. This unit focuses on digital communication and etiquette. It was presented to sixth graders.
This document is a summary of a Supreme Court of the Philippines decision regarding a petition for prohibition filed in response to a "Petition to Amend the Constitution, to Lift Term Limits of Elective Officials, by People’s Initiative" that was filed with the Commission on Elections (COMELEC). The petitioners argue that the people's initiative to amend the constitution can only be implemented by an act of Congress, which has not yet been passed, and that COMELEC Resolution No. 2300 which governs initiatives is ultra vires insofar as constitutional amendments. They assert the initiative is limited to amendments and not revisions of the constitution. The court issues a temporary restraining order to enjoin the
Control and Supervision of Mines and Minerals in the BangsamoroIAGorgph
From the Muslim Mindanao Autonomy Roundtable Discussion Series of the Institute for Autonomy and Governance (IAG), presentation by Atty. Randolph Parcasio | 6 July 2015, Committee Room 1 Senate of the Philippines
85th Session Legislative Wrap Up, Brian Sledge & Hope WellsTWCA
This document summarizes the status and outcomes of several bills related to groundwater management that were considered during the 85th session of the Texas State Legislature. Several bills were signed into law, including some that set deadlines for adopting desired future conditions and allowed for electronic banking by groundwater conservation districts. However, other bills related to permitting, export permits, and regulating brackish groundwater were vetoed by the Governor. Additionally, many groundwater bills failed to pass or did not receive hearings, including several omnibus bills aimed at broader regulatory reforms.
The document summarizes challenges to arbitration awards with a focus on East Africa. It discusses the geographical scope covered, the legislative background in Kenya, Tanzania, Uganda and Rwanda. It also discusses approaches to finality of awards, grounds for setting aside awards such as time limits and jurisdiction. The document examines issues relating to appeals, including express limitations and implied rights of appeal. Key talking points highlighted include the "warts and all" approach to awards in Kenya and Uganda, and the wide and fluctuating definition of public policy.
Steven Duesing, Nicole Mathis, Blain Gowing, et. al. v. The Attorney General ...Guy Boulianne
This is an application for judicial review of a decision by the Minister of Health to detain Canadian citizens returning from abroad in federal quarantine facilities. The applicants argue this decision violates several of their Charter rights, including liberty, security of the person, arbitrary detention, right to counsel, presumption of innocence, and reasonable bail. They are seeking an injunction to suspend mandatory confinement and release currently confined individuals, as well as declarations that the decision is unconstitutional and an order quashing the decision. The grounds are that the applicants had reasonable quarantine plans and the government has not shown detention is necessary to prevent disease spread.
This document discusses key concepts relating to property rights and deprivation of property under the Malaysian Constitution. It defines key terms like "person", "property", and explains the scope of these terms based on case law. It also summarizes protections against deprivation of property, including that deprivation must be "in accordance with law" and must provide "adequate compensation". It discusses debates around whether Malaysia can be considered an Islamic state given the Constitution's secular foundations and provisions allowing Islamic laws for Muslims. The document takes an in-depth legal look at concepts important for understanding property rights under the Malaysian Constitution.
Section 133 of the Criminal Procedure Code allows magistrates to issue conditional orders to remove public nuisances. The Supreme Court of India has used this section innovatively to address environmental problems by ordering local authorities to implement drainage systems and remedy other issues causing public nuisance. While Section 133 grants broad powers, magistrates must ensure conditions are met like a considerable number of people being affected and it being an issue of great emergency or imminent danger before issuing orders. Case law has established stockpiling materials and noise/smell pollution can constitute public nuisances addressed under this section.
This document is an enrolled copy of House Bill 164 from the 2014 General Session of the Utah Legislature. It proposes an interstate compact to establish a commission to consider mechanisms for transferring federal public lands to state control. Key provisions include establishing membership and procedures for the compact commission, designating a compact administrator, defining funding sources, and setting goals of securing state sovereignty and jurisdiction over western public lands. The bill enacts the full text of the proposed Interstate Compact on the Transfer of Public Lands.
G.R. NO. 208493 Social Justice Societe (SJS) President Samson S. Alcantara Vs...NowPlanetTV
This document is a petition filed with the Supreme Court of the Philippines seeking to prohibit the Senate President and Speaker of the House from enacting legislation appropriating funds for the Priority Development Assistance Fund (Pork Barrel). The petitioner argues that the Pork Barrel system is unconstitutional as it allows members of Congress to misappropriate public funds collected through taxation for personal gain, in violation of principles of accountability and integrity. It also enables the executive branch to control the legislature by withholding Pork Barrel funds. The petitioner requests the Court to rule on the constitutionality of the Pork Barrel system and prohibit further appropriations to prevent damage to the Constitution.
This document summarizes Chapter 49 of the Texas Water Code, which establishes provisions applicable to all water districts in Texas. It defines key terms, outlines rules regarding the creation and administration of districts, and establishes guidelines for district boards, including qualifications for directors and requirements for quorums and officers. The chapter is meant to provide overarching rules that apply to all water districts unless otherwise specified by other relevant laws.
The document discusses whether Hawaii's Reapportionment Commission is subject to the state's Sunshine Law and open records law. It notes that while the Commission could be considered a board under the Sunshine Law, the law does not clearly apply to the Commission. The document also states that written materials maintained by the Commission would likely be subject to public inspection under the open records law as government records, unless disclosure is otherwise restricted. The Commission adopted rules that generally follow but make some modifications to the Sunshine Law requirements.
Vested Rights in Condemnation-1-3.ED Semiinar 2014v4.PowerpointPaul Barkhurst
This document provides an overview of vested rights and condemnation law. It begins with a brief history of property rights dating back to Roman and English common law. It discusses key Supreme Court cases like Euclid that established zoning as a valid use of police power. It explains the difference between police power regulations and condemnation. It outlines the development of common law vested rights doctrines and later statutes in Texas like Chapter 245 of the Local Government Code that were intended to provide more certainty around vested development rights. The document provides examples of relevant case law and outlines exemptions to statutory vesting rights.
Kerajaan Negeri Selangor v Sagong Tasi & Ors [2005] 6 MLJ 289surrenderyourthrone
The Court of Appeal dismissed the defendants' appeal in a case involving the acquisition of indigenous lands by the Selangor state government. The key holdings were:
1) The plaintiffs, as members of the Temuan tribe, held customary communal title over the lands in question based on their traditional occupation and use. This was a question of fact supported by evidence.
2) The Aborigines Peoples Act 1954, which aims to protect indigenous rights, must be interpreted broadly in favor of indigenous peoples. It recognizes the plaintiffs' customary communal title.
3) The acquisition of the lands amounted to compulsory acquisition requiring adequate compensation under the Federal Constitution. The relevant section of the 1954 Act must be read to provide
NPF gave its approval for the use of the land as a vaccination facility but communicated environmental and legal issues that the facility may run against.
The document discusses several topics:
1. It summarizes details of the PM CARES For Children scheme launched in India to support children orphaned by COVID-19, including benefits like a corpus of Rs. 10 lakh, education support, health insurance coverage.
2. It outlines Japan and China's competing territorial claims over the Senkaku/Diaoyu Islands in the East China Sea, and the implications of the US reaffirming its defense commitment to Japan over the islands.
3. It provides an overview of proposed amendments to India's Forest Conservation Act aimed at exempting certain infrastructure projects from forest clearances and easing other rules.
Este documento presenta una agenda para un día de capacitación sobre fundamentos estadísticos para finanzas. La agenda incluye introducciones a conceptos como el manejo de datos con Mathematica, empresas listadas en la Bolsa Mexicana de Valores, gráficos financieros y conceptos básicos de estadística descriptiva e inferencial.
Janet Gregory - Learning culture critical for Agile SuccessALE_Krakow
In software development, regardless of what we do, we need to be learning all the time. Many times it is only the application. Sometimes it is new methods and processes. Sometimes it is new ways to analyze, develop or test an application. It may be new languages or new tools. Perhaps most importantly, we learn different ways of dealing with people. In today’s world, testers are expected to have ‘soft skills’ to collaborate as well as have more technical knowledge than ever before. Janet Gregory share ideas about how to approach this learning curve and the different influences which help us succeed.
For FRIT 7739, I created this collaborative unit on digital citizenship. This unit focuses on digital communication and etiquette. It was presented to sixth graders.
Elegant Lust is a discreet, family-owned company that has been growing since 2013. They take pride in their client services and have thousands of lingerie, sex toy, and intimacy product options for men, women, and couples. Elegant Lust aims to provide excellent customer service and appreciation to their clients.
Dracula tells the story of Jonathan Harker's trip to Transylvania to deliver papers to Count Dracula. While there, Jonathan becomes Dracula's prisoner. Dracula later travels to England where he begins attacking Lucy Westenra, draining her blood. Lucy becomes ill and eventually dies, having transformed into a vampire. Dracula also sets his sights on Mina Murray, Jonathan's fiancée. Jonathan, along with Dr. Van Helsing and others, work to hunt down and kill Dracula to save Mina and end his reign of terror. After a climactic battle, they are able to track down and kill Dracula, defeating the vampire threat.
The meeting agenda summarizes an upcoming meeting of the Southwest California Legislative Council on March 18, 2019. The agenda includes a call to order, roll call, chair report, approval of minutes, a 2019 legislative report, and a featured speaker on healthcare. Eleven bills will be discussed, including bills on local government finance, an oil and gas severance tax, a renters' credit, and wine growers tasting rooms. The meeting will conclude with speaker and chamber announcements and an adjournment notice for the next meeting on April 15, 2019.
The Southwest California Legislative Council meeting agenda summarizes the following:
1. The meeting will be held on Monday, May 22, 2017 at the Realtor House in Murrieta. The chair is Don Murray.
2. The agenda includes discussions on strategic initiatives, approval of previous meeting minutes, and legislative reports.
3. A guest speaker, Cherise Manning from the Temecula Valley Convention & Visitors Bureau, will present. There will also be speaker and chamber announcements before adjourning and announcing the next meeting on June 19, 2017.
The meeting agenda discusses strategic initiatives and legislative items to be addressed. The agenda includes a chair report, approval of previous meeting minutes, and nine legislative items to be discussed. A guest speaker will provide an update on California's drought conditions. Various chamber of commerce representatives will provide announcements. The next meeting is scheduled for May 22, 2017.
The Southwest California Legislative Council discussed several bills at their July 27th meeting. For AB 718, they voted to oppose the bill which would prohibit local governments from penalizing people for sleeping in legally parked vehicles. For AB 1520, they voted to oppose the bill which would clarify that public disclosure exemptions for utility customer information do not apply to commercial, industrial, and institutional customers. They also heard legislative updates from various state representatives and local organizations. The meeting concluded with announcements from local chambers of commerce.
This bill would require the California Department of Consumer Affairs to review all occupational licensing requirements by 2033 and identify unnecessary requirements. It would delete some specific licensing requirements, such as for tree pruning contractors, shampooing hair, applying makeup, and nail care. The goal is to reduce overly burdensome licensing that restricts job opportunities and increases costs for consumers.
The Southwest California Legislative Council meeting agenda included:
1. Approval of previous meeting minutes and a legislative report with votes on various bills
2. A presentation from the City of Murrieta on the Murrieta Creek Flood Control Project, which has faced funding shortfalls
3. Updates from various legislators, staff, and stakeholders on state and local issues
The Council thanks its partner organizations for their support in addressing regional priorities.
The Southwest California Legislative Council meeting agenda for September 16, 2019 will include:
1. A report on bills considered by the Council including their positions and current status
2. A guest speaker, Congressman Ken Calvert
3. Lunch will be provided by Stadium Pizza
4. Speaker and chamber announcements
The meeting will be held at the Realtor House in Murrieta and presided over by Chair Greg Morrison.
The 2012 California Homeowner Bill of Rights aims to bring fairness to the state's foreclosure process through significant mortgage and foreclosure reforms. It establishes a dual track foreclosure ban and single point of contact for borrowers, and allows for enforcement of material violations. The bill is part of California Attorney General Kamala Harris' response to the state's foreclosure crisis and follows a bank settlement that provided $18 billion in relief for California borrowers. Accompanying legislation addresses blight prevention, tenant protections, strengthening law enforcement against fraud, and allowing special grand juries for complex financial crimes.
This document summarizes the minutes of the March 15, 2012 meeting of the Morris County Planning Board. Key items discussed include:
- The Director's Report and funds received for February 2012 were accepted.
- Upcoming state and county planning association meetings were announced.
- The draft sewer service area map for the County's Wastewater Management Plan was approved for submission to the state.
- Five development applications were reviewed and two were discussed in detail.
- Recent state legislation impacting planning and affordable housing was discussed.
- Two municipal master plan amendments and several land use ordinances were reported on.
- Liaison reports were provided for various watershed and open space organizations.
More than 5,800 bills were filed in the 83rd Texas Legislature, with 1,437 bills passing and 26 bills being vetoed by Governor Perry. The legislature addressed issues including education, elections, open meetings/records, taxes, water, and transparency. A special session was called to address redistricting, but other issues like abortion and transportation funding were not resolved within the 30 day limit. Governor Perry then called a second special session to continue addressing these unfinished issues.
This document is a city council agenda for a meeting on January 21, 2014. The agenda includes items for consideration such as approving meeting minutes, awarding bids, authorizing property sales, adopting resolutions, and public hearings. There will also be an executive session to discuss legal and economic development matters. The regular agenda then lists several public hearings and considerations, including updates on employee wellness programs and seal coat projects, a discussion of annexing properties, approving a carnival permit, and adopting an updated neighborhood revitalization plan.
The Southwest California Legislative Council discussed SB 1139, which would require utilities to procure 500 megawatts of electricity from new geothermal power plants by 2024. The Council voted to oppose the bill, as it would increase energy costs by mandating the procurement of geothermal energy without addressing cost limits. While geothermal is a renewable resource, the bill could drive up costs for ratepayers without properly considering cost containment.
The Southwest California Legislative Council met on July 22nd. They reviewed and took action on 10 bills. They opposed bills that would ban certain rodent poisons, impose statewide rent caps, and require warning labels on sugar-sweetened beverages. They supported bills clarifying loyalty programs under new privacy laws and increasing funding for transportation research. The group received legislative updates and heard from Assemblymember Marie Waldron about the state budget and housing issues.
The document is a meeting agenda for the Southwest California Legislative Council on March 15, 2021. The agenda includes a call to order, roll call, chair report, approval of minutes, and consideration of 14 legislative items. The council will also receive announcements and adjourn, with the next meeting scheduled for April 19, 2021. The document provides details on the agenda items to be discussed at the upcoming meeting of the Southwest California Legislative Council.
Meeting agenda for the Southwest California Legislative Council with guest speakers Peter Aldana, Riverside County Assessor/ Clerk/Recorder and Russell Lowery, with an update on a measure to bring back city RDA funds.
PA Commonwealth Court Decision Overturning Zoning Part of Act 13 Marcellus Dr...Marcellus Drilling News
The decision issued by the Pennsylvania Commonwealth Court, the appeals court (second level) in PA. The decision overturns a portion of the Act 13 Marcellus Shale drilling law passed by the PA legislature in early 2012. The zoning portion of the law would have overruled any local zoning of oil and gas drilling with state guidelines. Seven towns and a few others sued to have the zoning provision nullified. The case will likely go to the PA Supreme Court in 2012.
The 2014 Utah Legislature: What Happened in 2014 and How to Protect Your Inte...Parsons Behle & Latimer
This document summarizes Mike Bailey's presentation to the Real Estate Mastermind Group about the 2014 Utah Legislature session and how real estate professionals can protect their interests in 2015. Some key points from the 2014 session include air quality being a major issue, the passage of the "Count My Vote" bill, and health care related bills around autism and cannabis oil. Bailey provides statistics on bill introduction and passage. He outlines issues that may arise in 2015 like title insurance and water rights. The presentation emphasizes relationship building and working with groups like trade associations to influence legislation. Bailey explains how his firm assists clients in navigating the legislative process.
The document provides an overview of environmental policy, law, and planning. It discusses major environmental laws in the US like the Clean Air Act, Clean Water Act, and Endangered Species Act. It also covers how environmental policies are made through statutes, case law, and administrative rules. Regulatory agencies implement policies at the federal, state, and local levels. Public participation, lobbying, and international treaties also influence environmental governance.
Similar to Southwest California Legislative Council March Agenda (20)
A wrap-up of our 2021 legislative session with special guests California state Senator Melissa Melendez and U.S. Chamber Western Region V.P. Jennings Immel
The document provides details of a Southwest California Legislative Council meeting agenda and minutes. The agenda lists legislative items to be discussed, including bills related to taxation, healthcare, the environment, and other topics. During the meeting, council members discussed and took positions on the legislative items, with most bills receiving an "oppose" position.
This bill places a statewide general obligation bond measure on the 2022 ballot to fund kindergarten through community college facilities. If approved by voters, it would provide $12 billion for new construction, modernization, career technical education, and charter school facilities. It establishes new programs, modifies matching requirements, expands costs covered by state funds, and increases the maximum bonding capacity for districts to qualify as financially hardships. The Southwest California Legislative Council recommends supporting this bill.
This document provides the agenda and minutes for a meeting of the Southwest California Legislative Council. The agenda includes a chair report, approval of previous meeting minutes, presentations from guest speakers on topics like the French Valley Airport tower and redistricting, and reviews of several proposed bills. Key items discussed in the minutes include a presentation from the District Attorney on prosecuting fentanyl drug dealers and legislation around bail reform and limiting the use of gang enhancements. The council took positions supporting or opposing various bills.
The Southwest California Legislative Council provides advocacy for businesses in Southwest Riverside County. It was formed in 2005 as a coalition of four local chambers of commerce. The Council monitors thousands of bills introduced in the California legislature each year and takes positions to support legislation that benefits businesses and oppose legislation that harms businesses. It publishes annual vote records analyzing how local legislators voted on the Council's priority bills. The document provides details on the Council's 2021 strategic initiatives, bills it is tracking this year, and its 2020 vote record analysis.
The document summarizes demographic and housing market statistics for the Murrieta/Temecula region. It states that 70% of residents are young families or professionals, 40% have an associate degree or higher, and incomes are higher than county and state averages. Year-to-date single family home sales and median prices are up 11% and 15% respectively compared to the previous year. It also notes various challenges on the horizon such as the end of eviction moratoriums and forbearance programs and the potential impacts on inventory, foreclosures, and rental availability.
This bill proposes to prohibit business entities from making direct contributions to political campaigns and create a public financing system to fund elections instead. It argues this is needed to reduce corporate influence over politicians and ensure elected officials represent constituents rather than corporate interests. However, others argue direct contributions are already strictly limited by law and this bill does not address the largest campaign contributors like unions and tribes, only targeting corporations. It may also violate the Citizens United ruling that prohibits restricting independent political expenditures by corporations and unions.
The Southwest California Legislative Council voted to OPPOSE ACA 1, a proposed amendment to the California Constitution that would lower the voter threshold for local governments to finance affordable housing, public facilities, and infrastructure projects from two-thirds to 55%. The resolution would amend various sections of the state Constitution relating to local finance.
The housing market in Southwest California had a strong year in 2020 despite the pandemic shutdown. Sales volume was the highest since 2010 with over 11,000 homes sold. Median and average home prices reached new peaks, with 259 homes selling for over $1 million, up from 174 in 2019. However, inventory remains very low with only 598 homes currently for sale, the lowest level since 2012. The low inventory coupled with continued high demand is expected to sustain price appreciation in 2021, though new policies and economic impacts from the pandemic could influence the market.
The document provides an overview of housing market trends in Wildomar, California and the surrounding region. It discusses Wildomar demographics and economic data, and notes that 80% of Wildomar residents are homeowners. Housing sales data for Wildomar and nearby cities is presented, showing increases in median home prices between 7-15% from 2019 to 2020. The forecast predicts home sales will decline in 2020 but rebound in 2021, while prices continue a slow rise. The impacts of COVID-19 on remote working and its potential effects on the housing market are also summarized.
The meeting agenda summarizes an upcoming Southwest California Legislative Council meeting to be held on September 21, 2020 at the Realtor House in Murrieta. The agenda includes a chair report, approval of previous meeting minutes, a 2020 legislative report, and a guest speaker - Senator Melissa Melendez. The council will discuss 2020 strategic initiatives and legislative items including ballot propositions, the 2020 legislative session progress to date, and announcements from speakers and chambers.
The document provides an overview of demographic, housing market, and economic trends in Lake Elsinore, California. It notes that Lake Elsinore has experienced population growth and shifts towards younger residents in recent years. Housing demand has remained strong, with home sales down slightly in 2020 but prices continuing to rise. The forecast predicts a bounce back in home sales in 2021 while prices continue a slow climb. Remote work is changing housing preferences, with more demand for homes further from urban centers that allow larger spaces for both living and working. Retail and office spaces struggling due to COVID-19 may be converted to residential units. The document also briefly discusses state policies from the 2020 legislative session.
A comprehensive summary of the housing market in Southwest California where we're enjoying the strongest Seller's market in years in July. Sales posted their 2nd highest month in the past decade, up 17% over June and up 11% over last July. Median prices continued to climb as well, advancing 6% year-to-date. We are now measuring inventory of homes for sale in weeks, not months.
Need help figuring out what to do with the 12 propositions you'll face on your November ballot? Every year the Southwest California legislative Council assigns our members a measure to research and present. The Council debates the issue based on what impact it will have on our business community and recommends a position. As always, we encourage voters to do their own research and to that end we have a much more extensive document available with all the arguments pro and con, what your vote means, and follow the money.
Every year the Southwest California Legislative Council evaluates statewide ballot propositions to determine which might fall within the purview of our strategic initiatives and impact our business members. Council members select a proposition to research and deliver a presentation to the group followed by discussion and a vote to recommend a YES vote, a NO vote, or NO POSITION. Here are the group's recommendation on the 12 measures you'll see on our November ballot.
Detailed information courtesy of BallotPedia.
This bill proposes several measures to provide relief for homeowners, tenants, and consumers during the COVID-19 emergency period and 180 days after. It would prohibit lenders from initiating foreclosures or evictions during this time. It would require lenders to provide up to 180 days of forbearance on mortgage payments for borrowers experiencing financial hardship, and to extend that period if hardship continues. It would also place restrictions on lenders related to foreclosure proceedings, recording notices of default, and misleading borrowers about forbearance options. Opponents argue it imposes overly burdensome obligations on lenders and could jeopardize future credit availability.
The Southwest California Legislative Council met on May 18, 2020 to discuss several legislative items and initiatives. The meeting agenda included a chair report, approval of previous meeting minutes, and discussion of 10 legislative bills. The bills covered topics such as unemployment benefits, property assessments, worker status, community emissions reduction programs, and the California Environmental Quality Act. The council also heard from a speaker about available COVID-19 business relief programs before adjourning and announcing their next meeting on June 15.
During this time of crisis does it really make sense to deprive laid off California workers of an opportunity to make a living as temporary, gig economy workers? The Wall Street Journal has praised the gig economy as being a 'rescue' for many in this time of widespread need with companies like Uber, Lyft, GrubHub, Postmates and Uber Eats providing much needed delivery options for housebound residents as well as a supplemental source of income for laid off workers. Please encourage our Governor to do the right thing and SUSPEND enforcement of this deeply flawed measure at least for the duration of this crisis.
More from Southwest Riverside County Association of Realtors (20)
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https://www.youtube.com/@jenniferschaus/videos
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Recordings are on YouTube and the company website.
https://www.youtube.com/@jenniferschaus/videos
Bharat Mata - History of Indian culture.pdfBharat Mata
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Southwest California Legislative Council March Agenda
1. MEETING AGENDA
Monday March 21, 2016
Realtor House, 26529 Jefferson Ave, Murrieta
Presiding: Don Murray, Chair
2016 Strategic Initiatives
Budget & Tax Reform / Job Creation and Retention / Healthcare / Infrastructure & The Environment/ Public Safety
Call to Order, Roll Call & Introductions: 12:00 p.m.
Chair Report
Agenda Items
Legislative Report #3 Action
1. SBX1-2 (Huff) Greenhouse Gas Reduction Fund.
2. AB-1591 (Frazier) Transportation funding.
3. AB-2049 (Melendez) Bonds: transportation.
4. AB-1749 (Mathis) California Environmental Quality Act: exemption: recycled water pipelines.
5. SB-789 (Wieckowski) Sale of water by local public entities: excise tax.
6. AB-2277 (Melendez) Local government finance: property tax revenue allocation: vehicle
license fee adjustments.
7. SBX2-2 (Hernandez) Medi-Cal: managed care organization tax. Information
Speaker John Kelliher Calvary Bible Fellowship v. Riverside County Action
Speaker and Chamber Announcements Information
Our lunch sponsor The French Valley Cafe Thank You
Adjourn – Next Meeting April 18, 2016
Follow us on :
The Southwest California Legislative Council Thanks Our Partners:
Southwest Riverside Country
Association of Realtors
Metropolitan Water District of Southern
California
Elsinore Valley Municipal Water District
CR&R Waste Services
Abbott Vascular
Temecula Valley Chamber of Commerce
Murrieta Chamber of Commerce
Lake Elsinore Valley Chamber of
Commerce
Wildomar Chamber of Commerce
Menifee Valley Chamber of Commerce
Perris Valley Chamber of Commerce
Commerce Bank of Temecula Valley
California Apartment Association
Southwest Healthcare Systems
Temecula Valley Hospital
EDC of Southwest California
Paradise Chevrolet Cadillac
The Murrieta Temecula Group
2. Southwest California Legislative Council
Southwest California Legislative Council
Lake Elsinore Chamber of Commerce
Menifee Valley Chamber of Commerce
Murrieta Chamber of Commerce
Perris Valley Chamber of Commerce
Temecula Valley Chamber of Commerce
Wildomar Chamber of Commerce
Meeting Minutes
Monday, February 22, 2016
2016 Chair: Don Murray
Legislative Consultant: Gene Wunderlich
Directors Attendance:
Adam Ruiz
Brad Neet
Carl Johnson
Denee Burns
Dennis Frank
Don Murray
Gene Wunderlich
Greg Morrison
Joan Sparkman
John Kelliher
Judy Gugliemana
Matt Buck
Michael Garrison
Chamber Executives/Guests Attendance:
Alice Sullivan
Andy Abeles
Balden Singh Vij
Ben Benoit
Brenda Dennstedt
Cheri Zamora
Cindy Espinoza
Connie Lynch
Danielle Coats
Debbie Herrera
Debbie Kosum
Doug McAllister
Eric Cox
Jeff Bott
Kimberly Niebla
Laura Turnbow
Mario Herrera
Maryann Edwards
Michelle Runnells
Morris Myers
Patrick Ellis
Pattie Arct
Randy Jole
Sunday Sayles
Tom Stinson
3. Southwest California Legislative Council
Meeting called to order at: 12:09 pm by Chair Don Murray
1. Approval of Minutes Action
Motion was made to approve the minutes and to approve the revised 2016 Policy Platform. Motion was seconded and carried.
2. Legislative Items Action
1. AB1713 (Eggman) Sacramento-San Joaquin Delta: Peripheral Canal. This bill would prohibit the construction of a
peripheral canal unless expressly authorized by an initiative voted on by the voters of California on or after January 1, 2017,
and would require the Legislative Analyst’s Office to complete a prescribed economic feasibility analysis prior to a vote
authorizing the construction of a peripheral canal.
Motion to OPPOSE AB 1713 seconded and carried.
2. AB 1866 (Wilk) High-Speed Rail Bond Proceeds: Redirection: Water Projects. This bill would provide that no further
bonds shall be sold for high-speed rail purposes pursuant to the Safe, Reliable High-Speed Passenger Train Bond Act for the
21st
Century, except as specifically provided with respect to an existing appropriation for high-speed rail purposes for early
improvement projects in the Phase 1 blended system. This bill, subject to the above exception, would require redirection of the
unspent proceeds for use in retiring the debt incurred form the issuance and sale of those outstanding bonds and would also
require the net proceeds of other bonds to fund capital expenditures for water projects. Motion to SUPPORT AB 1866
seconded and carried.
3. SB 940 (Vidak) High-Speed Rail Authority: Eminent Domain; Right of First Refusal. This bill would declare the intent of
the Legislature to enact legislation that would establish a right of first refusal for landowners to reacquire land that was taken
for high-speed rail through eminent domain, if the land is later determined to not be necessary for high-speed rail. Motion to
SUPPORT SB 940 seconded and carried.
4. AB 21 (ABX-21) (Obernolte) Environmental Quality: Highway Projects. This bill would prohibit a court in a judicial
action or proceeding under CEQA from staying or enjoining the construction or improvement of a highway unless it make
specified findings. (1) The project presents an imminent threat to the public health and safety. (2) The project site contains
unforeseen important Native American artifacts or unforeseen important historical, archaeological, or ecological values that
would be materially, permanently, and adversely affected by the project unless the court stays or enjoins the project. (c) If the
court finds that paragraph (1) or (2) of subdivision (a) is satisfied, the court shall only enjoin those specific activities
associated with the project that present an imminent threat to public health and safety or that materially, permanently, and
adversely affect unforeseen important Native American artifacts or unforeseen important historical, archaeological, or
ecological values. Motion to SUPPORT AB 21 seconded and carried.
5. SCA 10 (Huff) Legislative Procedure “Budget Accountability and Transparency Act of 2015.” This measure would
authorize a committee to hear or act upon a bill before 31 days have passed following the bill’s introduction if the bill, in the
form to be considered by the committee, has been in print and published on the Internet for at least 15 days. This measure
would also prohibit either house of the Legislature from passing a bill until it has been made available to the public, in print
and on the Internet, for at least 72 hours before a vote on the measure, except for certain bills that address a state of emergency
declared by the Governor. Motion to SUPPORT SCA 10 seconded and carried.
6. AB 1788 (Melendez) Legislature: Legislative Employee Whistleblower Protection Act. This bill would prohibit
interference with the right of legislative employees, as defined, to make protected disclosures of ethics violations and would
prohibit retaliation against legislative employees who have made protected disclosures. This bill would establish a procedure
for legislative employees to report violations of the prohibitions to the Legislature. The bill would also impose civil and
criminal liability on a person who interferes with a legislative employee’s right to make a protected disclosure or who engages
in retaliatory acts, as specified. Motion to SUPPORT AB 1788 seconded and carried.
7. SB 876 (Liu) Homelessness. The bill would afford persons experiencing homelessness the right to use public spaces without
discrimination based on their housing status and describe basic human and civil rights that may be exercised without being
subject to criminal or civil sanctions, including the right to use and to move freely in public spaces, the right to rest in public
spaces and to protect oneself from the elements, the right to eat in any public space in which having food is not prohibited, and
the right to perform religious observances in public spaces, as specified. Because the bill would require local agencies to
perform additional duties, it would impose a state-mandated local program. Motion to OPPOSE SB 876 seconded and
carried.
4. Southwest California Legislative Council
3. Guest Speakers: Thomas Freeman; Riverside County EDA, Foreign Trade & Military Affairs Information
Thomas Freeman gave a report on the March Air Force Base. Budget was cut for the defense department, which means less resources.
Since the air force has the oldest technology, jobs are needed to modernize fleet. Keep a look out a for defense bills.
4. Speaker and Chamber Announcements Information
Senator Jeff Stone
Reported by Maryann Edwards: Brief overview of bills and announcements.
Assemblymember Melissa Melendez
Reported by Mario Herrera: Legislative update
Assemblymember Marie Waldron
Reported by Tom Stinson: Legislative update
City of Temecula
Report by Randy Jole on the French Valley Interchange Project
City of Wildomar
Reported by Ben Benoit: Update on city’s lawsuit
Lake Elsinore Chamber
Report by Kim Cousins on upcoming events
Menifee Valley Chamber
Report by Michelle Runnells on upcoming events
Murrieta Chamber
Report by Patrick Ellis on upcoming events
Temecula Valley Chamber
Report by Alice Sullivan on upcoming events.
Wildomar Chamber
Report by Judy Guglielmana on upcoming events
6. Today's Lunch Sponsor
The Shamrock Irish Pub & Eatery
Adjournment – Next Meeting March 21, 2016
Motion to adjourn at 1:15 p.m.
5. Southwest California Legislative Council
Legislative Item #1 Action
SBX1-2 (Huff) Greenhouse Gas Reduction Fund.
Introduced by Senator Huff (Two year bill)
(Coauthors: Senators Anderson, Bates, Berryhill, Fuller, Gaines, Moorlach, Morrell, Nguyen, Nielsen, Runner,
Stone, and Vidak)
Recommended action: SUPPORT
Presentation: Gene Wunderlich
Summary:
Existing law requires all moneys, except for fines and penalties, collected by the State Air Resources Board from the
auction or sale of allowances as part of a market-based compliance mechanism relative to reduction of greenhouse
gas emissions to be deposited in the Greenhouse Gas Reduction Fund.
Existing law continuously appropriates 60% of the annual proceeds of the fund to various purposes, including high-
speed rail, transit and intercity rail capital, low-carbon transit operations, and affordable housing and sustainable
communities.
This bill would exclude from allocation under these provisions the annual proceeds of the fund generated from the
transportation fuels sector. The bill would instead provide that those annual proceeds shall be appropriated by the
Legislature for transportation infrastructure, including public streets and highways, but excluding high-speed rail.
This bill appropriates Greenhouse Gas Reduction Fund (GGRF)monies generated from transportation fuels to
transportation infrastructure, excluding highspeed rail.
Arguments in Favor:
Over the next 10 years, the state faces a $59 billion shortfall to adequately maintain the state highway system in a
basic state of good repair.
Similarly, cities and counties face a $78 billion shortfall over the next decade to adequately maintain the existing
network of local streets and roads.
Since the State Air Resources Board imposed the cap-and-trade tax on gasoline production in January 2015, the
Governor’s budget is projecting that $2.7 billion will be available from the Greenhouse Gas Reduction Fund in the
fiscal year that begins July 1. That figure is more than double the amount that was available last year.
Revenue has surged because cap-and-trade now applies to transportation fuels, the source of roughly 40 percent of
the state’s carbon emissions.
The Legislative Analyst’s Office projects that the imposition of cap-and-trade on transportation fuels will raise $1.9
billion this year. This revenue is raised by taxing consumers (through a pass-through increased cost of gasoline) and
should be used to repair our streets and roads.
Investing in our streets and roads will end traffic gridlock and improve mobility, which, in turn, will reduce greenhouse
gases in the state.
Description:
AB 32: The Global Warming Solutions Act of 2006
Existing law (AB 32, Núñez, Chapter 488, Statutes of 2006) requires the state Air Resources Board (ARB) to develop a
plan to reduce emissions to 1990 levels by 2020. It also requires ARB to ensure that programs to reduce greenhouse
gas (GHG) emissions are targeted, to the extent feasible, to the most disadvantaged communities in the state. AB 32
authorizes ARB to deposit any fees paid by GHG emission sources into the GGRF. Existing law (AB 1532, Pérez,
Chapter 807, Statutes of 2012) specifies that GGRF revenues must be used to facilitate the achievement of GHG
emissions reductions.
Existing law specifies that ARB may include market-based compliance mechanisms in the AB 32 regulations, and
requires that these mechanisms maximize additional environmental and economic benefits for California, as
appropriate. The Scoping Plan approved by ARB in 2008 outlined a suite of measures aimed at achieving AB 32 goals.
Average emissions data in the Scoping Plan broken down by sector reveal that transportation accounts for almost 40%
6. Southwest California Legislative Council
of statewide GHG emissions. The industrial sector, including refineries, oil and gas production, cement plants, and
food processors, was shown to contribute 20% of the state’s total GHG emissions.
Background on Cap-and-Trade
Beginning on January 1, 2013, the cap-and-trade regulations set a firm, declining cap on total GHG emissions from
sources that make up approximately 85% of all statewide GHG emissions. The cap is enforced by requiring each
source, known as covered entities, to surrender one “compliance instrument” for every metric ton of carbon dioxide
equivalent that it emits at the end of a compliance period. Over time, the cap declines, resulting in GHG emissions
reductions.
In the first compliance period, the capped sector includes the electricity and industrial sectors. In the second
compliance period, beginning in 2015, distributors of transportation fuels, natural gas, and other fuels also come under
the cap. Once under the cap, a covered entity must periodically submit to ARB allowances sufficient to match its GHG
emissions during the period. Transportation fuels account for more than half of the allowances sold.
Cap-and-Trade Auction Revenues
The 2014-15 budget agreement allocated $832 million in cap-and-trade revenues to a variety of GHG emission-
reduction programs. Beginning in 2015-16, the budget agreement appropriates 25% of GGRF revenues to the state’s
high-speed rail project, 20% to affordable housing and sustainable communities grants, 10% to intercity rail capital
projects, and 5% to low-carbon transit projects. The remaining 40% of GGRF revenues is available for annual
appropriation by the Legislature.
This bill appropriates GGRF monies generated from transportation fuels to transportation infrastructure, excluding
high-speed rail.
COMMENTS:
1) Purpose. The author states that although California’s roads are in disrepair, the taxes that drivers pay on fuel are
not funding transportation improvements. The state currently ranks 47th in overall highway performance and 46th in
urban congestion. Highway system repair and maintenance is underfunded by $5 billion annually, while local street
repair is underfunded by $1.8 billion per year. The state faces $59 billion in deferred road maintenance. The author
states that this bill ensures that the “cap-and-trade taxes imposed on gasoline” are dedicated to transportation
infrastructure, and prevents these funds from being spent on high-speed rail because it is a “contributor to greenhouse
gases.”
2) Impact of placing transportation fuels under the cap. As transportation fuels are responsible for about 40% of the
state’s GHG emissions, as well as about 80% of the emissions of ozone-forming gases and over 95% of diesel
particulate matter, inclusion of this sector was a critical piece in the design of the program to achieve the directives of
AB 32. The inclusion of transportation fuels in the cap-and-trade program in 2015 more than doubled the size of the
program, with respect to GHG emissions and the number of allowances. Some critics argue that including fuels under
the cap will lead to a significant increase in gasoline prices, disproportionately hurting consumers who are dependent
on car travel and least able to absorb gasoline price hikes. However, it is difficult to estimate any potential price impact
from including transportation fuels under the cap. This value depends on the demand for allowances, the extent of
investment by transportation fuel providers in alternative fuels, how much of their compliance obligation is met through
offsets or allowances on secondary markets, and other factors. In general, gas prices are dependent on a myriad of
factors that have created a volatile gasoline market that currently manifests in rapid and large price shifts at the pump.
3) Creating a hole in the high-speed rail budget. In 2008, California voters approved Proposition 1A, the Safe, Reliable
High-Speed Passenger Train Bond Act for the 21st Century (Prop. 1A), which authorized $9 billion in general
obligation bonds for the high-speed rail project. In 2009, the federal government augmented the Prop. 1A bond funding
with roughly $3.3 billion; the High-Speed Rail Authority (HSRA) committed to match these federal funds with
approximately $2.3 billion in state funding. Of the $8.8 billion appropriated thus far for high-speed rail, HSRA spent
$950 million through 2013-14 and an estimated $917 million in 2014-15. For 2015-16, HSRA plans to spend $3.0
billion: $1.4 billion in Prop. 1A bond funds, $1.2 billion in federal funds, and $500 million in GGRF revenues. By
removing GGRF monies from the mix, this bill would create a large hole in high-speed rail funding; it is unclear what
other funds could fill that hole.
Support: (Verified 3/14/2016)
None on record
Opposition: (Verified 3/14/2016)
None on record
7. Southwest California Legislative Council
Status: Active - Committee on Transportation & Infrastructure Development
Vote: majority Appropriation: no Fiscal Committee: yes Local Program: no
Senate Floor votes:
Assembly floor votes:
Legislative Item #2 Action
AB1591 (Frazier) Transportation funding.
Recommended action: OPPOSE
Presentation: Gene Wunderlich
Summary:
Existing law provides various sources of funding for transportation purposes, including funding for the state highway
system and the local street and road system. These funding sources include, among others, fuel excise taxes,
commercial vehicle weight fees, local transactions and use taxes, and federal funds. Existing law imposes certain
registration fees on vehicles, with revenues from these fees deposited in the Motor Vehicle Account and used to fund
the Department of Motor Vehicles and the Department of the California Highway Patrol. Existing law provides for the
monthly transfer of excess balances in the Motor Vehicle Account to the State Highway Account.
This bill would create the Road Maintenance and Rehabilitation Program to address deferred maintenance on the
state highway system and the local street and road system. The bill would require the California Transportation
Commission to adopt performance criteria to ensure efficient use of the funds available for the program. The bill would
provide for the deposit of various funds for the program in the Road Maintenance and Rehabilitation Account, which
the bill would create in the State Transportation Fund, including revenues attributable to a $0.225 per gallon increase
in the motor vehicle fuel (gasoline) tax imposed by the bill, including an inflation adjustment as provided, an increase of
$38 in the annual vehicle registration fee, and a new $165 annual vehicle registration fee applicable to zero-emission
motor vehicles, as defined.
The bill would continuously appropriate the funds in the account for road maintenance and rehabilitation purposes and
would allocate 5% of available funds to counties that approve a transactions and use tax on or after July 1, 2016, with
the remaining funds to be allocated 50% for maintenance of the state highway system or to the state highway
operation and protection program, and 50% to cities and counties pursuant to a specified formula. The bill would
impose various requirements on agencies receiving these funds. The bill would authorize a city or county to spend its
apportionment of funds under the program on transportation priorities other than those allowable pursuant to the
program if the city’s or county’s average Pavement Condition Index meets or exceeds 85.
Existing law provides for loans of revenues from various transportation funds and accounts to the General Fund, with
various repayment dates specified.
This bill would require the Department of Finance, on or before March 1, 2016, to compute the amount of outstanding
loans made from specified transportation funds. The bill would require the Department of Transportation to prepare a
loan repayment schedule and would require the outstanding loans to be repaid pursuant to that schedule to the
accounts from which the loans were made, as prescribed. The bill would appropriate funds for that purpose from the
Budget Stabilization Account. The bill would require the repaid funds to be transferred to cities and counties pursuant
to a specified formula.
The Highway Safety, Traffic Reduction, Air Quality, and Port Security Bond Act of 2006 (Proposition 1B) created
the Trade Corridors Improvement Fund and provided for allocation by the California Transportation Commission of $2
billion in bond funds for infrastructure improvements on highway and rail corridors that have a high volume of freight
movement, and specified categories of projects eligible to receive these funds. Existing law continues the Trade
Corridors Improvement Fund in existence in order to receive revenues from sources other than the bond act for these
purposes.
The bill would deposit the revenues attributable to a $0.30 per gallon increase in the diesel fuel excise tax imposed by
the bill into the Trade Corridors Improvement Fund.
8. Southwest California Legislative Council
Existing law specifies projects eligible for funding from the Trade Corridors Improvement Fund, including, among
other things, projects for truck corridor improvements, including dedicated truck facilities, or truck toll facilities.
This bill would include truck parking among the truck corridor capital improvements eligible to be funded and would
authorize the expenditure of moneys in the fund for certain system efficiency improvements, including the
development, demonstration, and deployment of promising Intelligent Transportation System applications. The bill
would require the California Transportation Commission, in evaluating potential projects to be funded from the fund, to
give priority to projects demonstrating one or more of certain characteristics.
Existing law requires all moneys, except for fines and penalties, collected by the State Air Resources Board from the
auction or sale of allowances as part of a market-based compliance mechanism relative to reduction of greenhouse
gas emissions to be deposited in the Greenhouse Gas Reduction Fund. Existing law, to the extent moneys are
transferred to the Trade Corridors Improvement Fund from the Greenhouse Gas Reduction Fund, requires projects
funded with those moneys to be subject to all of the requirements of existing law applicable to the expenditure of
moneys appropriated from the Greenhouse Gas Reduction Fund, including, among other things, furthering the
regulatory purposes of the California Global Warming Solutions Act of 2006. Existing law continuously appropriates
10% of the annual proceeds of the fund to the Transit and Intercity Rail Capital Program.
This bill would, beginning in the 2016–17 fiscal year, instead continuously appropriate 20% of those annual proceeds
to the Transit and Intercity Rail Capital Program, thereby making an appropriation, and, transfer 20% of those annual
proceeds to the Trade Corridors Improvement Fund.
Existing law, as of July 1, 2011, increases the sales and use tax on diesel and decreases the excise tax, as provided.
Existing law requires the State Board of Equalization to annually modify both the gasoline and diesel excise tax rates
on a going-forward basis so that the various changes in the taxes imposed on gasoline and diesel are revenue neutral.
This bill would eliminate the annual rate adjustment to maintain revenue neutrality for the gasoline and diesel excise
tax rates. This bill would, beginning July 1, 2019, and every 3rd year thereafter, require the board to recompute the
gasoline and diesel excise tax rates based upon the percentage change in the California Consumer Price Index
transmitted to the board by the Department of Finance, as prescribed.
Existing law requires the Department of Transportation to prepare a state highway operation and protection program
every other year for the expenditure of transportation capital improvement funds for projects that are necessary to
preserve and protect the state highway system, excluding projects that add new traffic lanes. The program is required
to be based on an asset management plan, as specified. Existing law requires the department to specify, for each
project in the program, the capital and support budget and projected delivery date for various components of the
project. Existing law provides for the California Transportation Commission to review and adopt the program, and
authorizes the commission to decline and adopt the program if it determines that the program is not sufficiently
consistent with the asset management plan.
This bill, on and after February 1, 2017, would require the commission to make an allocation of all capital and support
costs for each project in the program, and would require the department to submit a supplemental project allocation
request to the commission for each project that experiences cost increases above the amounts in its allocation. The bill
would require the commission to establish guidelines to provide exceptions to the requirement for a supplemental
project allocation requirement that the commission determines are necessary to ensure that projects are not
unnecessarily delayed.
Support: (Verified 3/14/2016)
None on record
Opposition: (Verified 3/14/2016)
None on record
Status: Active - Referred to Committees. on Transportation. and Revenue & Taxation
Vote: 2/3 Appropriation: yes Fiscal Committee: yes Local Program: no
Senate Floor votes:
Assembly floor votes:
9. Southwest California Legislative Council
Legislative Item #3 Action
AB2049 (Melendez) Bonds: transportation.
Recommended action: SUPPORT
Presentation: Gene Wunderlich
Introduced by Assembly Member Melendez
(Coauthors: Assembly Members Travis Allen, Baker, Gallagher, Harper, Jones, Patterson, and Wilk)
Summary:
Existing law, the California High-Speed Rail Act, creates the High-Speed Rail Authority to develop and implement a
high-speed rail system in the state. Existing law, the Safe, Reliable High-Speed Passenger Train Bond Act for the 21st
Century, approved by the voters as Proposition 1A at the November 4, 2008, general election, provides for the
issuance of $9 billion in general obligation bonds for high-speed rail purposes and $950 million for other related rail
purposes. Article XVI of the California Constitution requires measures authorizing general obligation bonds to specify
the single object or work to be funded by the bonds and further requires a bond act to be approved by a
2
/3 vote of
each house of the Legislature and a majority of the voters.
This bill would provide that no further bonds shall be sold for high-speed rail purposes pursuant to the Safe, Reliable
High-Speed Passenger Train Bond Act for the 21st Century, expect as specifically provided with respect to an existing
appropriation for high-speed rail purposes for early improvement projects in the Phase I blended system. The bill,
subject to the above exception, would require redirection of the unspent proceeds received from outstanding bonds
issued and sold for other high-speed rail purposes prior to the effective date of these provisions, upon appropriation,
for use in retiring the debt incurred from the issuance and sale of those outstanding bonds. The bill, subject to the
above exception, would also require the net proceeds of other bonds subsequently issued and sold under the high-
speed rail portion of the bond act to be made available, upon appropriation, to fund projects in the State Transportation
Improvement Program and the State Highway Operation and Protection Program, and to fund projects eligible for
funding from the Trade Corridors Improvement Fund. The bill would make no changes to the authorization under the
bond act for issuance of $950 million for rail purposes other than high-speed rail. These provisions would become
effective only upon approval by the voters at the next statewide general election.
This bill would declare that it is to take effect immediately as an urgency statute.
Support: (Verified 3/14/2016)
None on record
Opposition: (Verified 3/14/2016)
None on record
Status: Active - Committee on Transportation
Vote: 2/3 Appropriation: no Fiscal Committee: yes Local Program: no
Senate Floor votes:
Assembly floor votes:
Legislative Item #4 Action
AB1749 (Mathis) California Environmental Quality Act: exemption: recycled water pipelines.
Recommended action: SUPPORT
Presentation: Gene Wunderlich
10. Southwest California Legislative Council
Summary:
Existing law, the California Environmental Quality Act (CEQA), requires a lead agency, as defined, to prepare, or
cause to be prepared, and certify the completion of, an environmental impact report on a project that it proposes to
carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if it finds
that the project will not have that effect. CEQA also requires a lead agency to prepare a mitigated negative declaration
for a project that may have a significant effect on the environment if revisions in the project would avoid or mitigate that
effect and there is no substantial evidence that the project, as revised, would have a significant effect on the
environment. CEQA exempts from its requirements projects consisting of the construction or expansion of recycled
water pipeline and directly related infrastructure within existing rights of way, and directly related groundwater
replenishment, if the project does not affect wetlands or sensitive habitat, and where the construction impacts are fully
mitigated, and undertaken for the purpose of mitigating drought conditions for which a state of emergency was
proclaimed by the Governor on a certain date. CEQA provides that this exemption remains operative until the state of
emergency has expired or until January 1, 2017, whichever occurs first.
This bill would extend that date to January 1, 2022.
Providing:
(1) The project is approved or carried out by a public agency for the purpose of mitigating drought conditions for which
a state of emergency was proclaimed by the Governor on January 17, 2014, pursuant to Chapter 7 (commencing with
Section 8550) of Division 1 of Title 2 of the Government Code.
(2) The project consists of construction or expansion of recycled water pipeline and directly related infrastructure within
existing rights of way, and directly related groundwater replenishment, if the project does not affect wetlands or
sensitive habitat, and where the construction impacts are fully mitigated consistent with applicable law.
Description:
CEQA includes various statutory exemptions, as well as categorical exemptions in the CEQA Guidelines. In June
2015, SB 88, a drought relief budget trailer bill, added the exemption amended by this bill. At the time, the project cited
as the reason for the exemption was a large water recycling project proposed by the Santa Clara Valley Water District
consisting of multiple pipelines, groundwater recharge ponds, injection wells, and related facilities. According to the
water district, the exemption has not been used and the entire proposed project may not be eligible for the exemption.
Arguments in Favor:
SB 88 provided much needed assistance in the way of establishing projects designed to mitigate the effects of the
current and future droughts. However, the established exemption date is not conducive to accomplishing the
necessary projects needed for a continuation of the drought emergency. If the current sunset date arrives without
change, then future drought mitigation projects will not come to fruition due to complex CEQA regulation.
Arguments in Opposition:
No evidence that CEQA is an unreasonable impediment to recycled water projects. A review of CEQA notices
submitted to the Office of Planning and Research (OPR) shows that recycled water projects have been routinely
approved via exemption or negative declaration. This bill exempts pipeline projects within existing rights of way. All
such projects are exempt under current law if they are under one mile. In addition, categorical exemptions are
available for maintenance, replacement and reconstruction of existing public utility facilities, involving negligible or no
expansion of capacity. This bill is operative only during the current drought state of emergency, but projects necessary
to prevent or mitigate an emergency can be exempted via CEQA, as well as via the Governor's broad authority under
the Emergency Services Act.
There's no record that the SB 88 exemption has been used to date and no evidence of its necessity or effect on any
particular project. Given the lack of a record, and the fact that the original sunset was only 18 months, a 5-year
extension seems excessive. If the committee feels an extension is warranted, it may wish to consider a shorter
extension, as well as the addition of conditions consistent with other exemptions approved by the committee, such as
prohibiting impacts on protected species or cultural resources, requiring the lead agency to hold a public hearing and
adopt mitigation measures for potential construction impacts, and requiring the notice of exemption to be filed with
OPR.
Support: (Verified 3/14/2016)
California Chamber of Commerce
11. Southwest California Legislative Council
Opposition: (Verified 3/14/2016)
Clean Water Action California
Natural Resources Defense Council
Sierra Club California
Status: Active - Committee on Natural Resources
Vote: majority Appropriation: no Fiscal Committee: yes Local Program: yes
Senate Floor votes:
Assembly floor votes:
Legislative Item #5 Action
SB789 (Wieckowski) Sale of water by local public entities: excise tax.
SB 789, as amended, Wieckowski. Driver’s license suspension: restricted privilege.
Sale of water by local public entities: excise tax.
Recommended action: OPPOSE
Presentation: Gene Wunderlich
Summary:
The California Constitution prohibits the Legislature from imposing taxes for local purposes, but allows the
Legislature to authorize local governments to impose them.
This bill would authorize a local public entity that supplies water at retail or wholesale for the benefit of persons within
the service area or area of jurisdiction of that public entity to impose, by ordinance, an excise tax on an excessive user
of water, at a rate not to exceed 300% of the purchase price of the water, if the ordinance proposing the tax is
approved by
2
/3 of the electors voting on the measure and the revenue from the tax is equally distributed between the
public entity and the State Water Resources Control Board for water conservation efforts within the jurisdiction of the
public entity.
Arguments in Favor:
A local public entity that supplies water at retail or wholesale for the benefit of persons within the service area or area
of jurisdiction of that public entity may impose, by ordinance, an excise tax on an excessive user of water, at a rate not
to exceed 300 percent of the purchase price of the water, if both of the following conditions are met:
(1) The ordinance proposing that tax is approved by two-thirds of the electors voting on the measure pursuant to
Article XIII C of the California Constitution.
(2) The revenue from the tax is equally distributed between the public entity and the State Water Resources Control
Board for local water conservation efforts within the jurisdiction of that public entity. The local water conservation
efforts may have cobenefits with other regions in the state.
(b) A tax imposed pursuant to this section may be in addition to any other tax authorized by this division.
Arguments in Opposition:
The bill is unconstitutional and unworkable. There is no definition of “excessive user of water” therefore; no practical
way to determine who or what constitutes an excessive user of water. Several classes of water users exist such as
residential, agricultural, commercial, industrial and institutional. Each uses water in varying ways and at varying prices
depending on their water purveyors and necessary water treatment. Many already pay based on volume or contract
amounts. Many business such as restaurants, food processors, grocery stores, medical clinics, etc. use water for
health and safety purposes which may not be altered without another agency’s approval. Also, in some instances only
a master water meter exists for several units without the ability to measure individual unit’s usage.
12. Southwest California Legislative Council
Farmers and ranchers, some who receive municipal water for irrigation, have made significant improvements in recent
years in water use efficiency and spent billions of dollars statewide on more efficient irrigation systems. How will
excessive water use be determined for them?
Prop 218 added Article XIII C and D to the California Constitution and, in general, the intent was to ensure that all
taxes and most charges on property owners were subject to voter approval. It also clarified the definition of a “special
tax” and sought to curb perceived abuses in the use assessments and property-related fees, especially the use of fees
and assessments to for general governmental services rather than property-related services.
This would clearly be a special tax, thus the 2/3’s vote requirement.
Furthermore, current law was just amended to allow local agencies to increase their fines for violation of water
conservation programs from $1,000 per incident to up to $10,000 per violation and an additional $500 per day the
violation of water conservation program requirements occurs.
Support: (Verified 3/14/2016)
None on record
Opposition: (Verified 2/16/2016)
None on record
Status: Active - Committee process
Vote: majority Appropriation: no Fiscal Committee: yes Local Program: no
Senate Floor votes:
Assembly floor votes:
Legislative Item #6 Action
AB2277 (Melendez) Local government finance: property tax revenue allocation: vehicle
license fee adjustments.
Introduced by Assembly Member Melendez
(Coauthor: Assembly Member Linder)
Recommended action: SUPPORT
Presentation: Gene Wunderlich
Summary:
Existing property tax law requires the county auditor, in each fiscal year, to allocate property tax revenue to local
jurisdictions in accordance with specified formulas and procedures, and generally provides that each jurisdiction shall
be allocated an amount equal to the total of the amount of revenue allocated to that jurisdiction in the prior fiscal year,
subject to certain modifications, and that jurisdiction’s portion of the annual tax increment, as defined.
Existing property tax law also requires that, for purposes of determining property tax revenue allocations in each
county for the 1992–93 and 1993–94 fiscal years, the amounts of property tax revenue deemed allocated in the prior
fiscal year to the county, cities, and special districts be reduced in accordance with certain formulas. It requires that the
revenues not allocated to the county, cities, and special districts as a result of these reductions be transferred to the
Educational Revenue Augmentation Fund in that county for allocation to school districts, community college districts,
and the county office of education.
Beginning with the 2004–05 fiscal year and for each fiscal year thereafter, existing law requires that each city, county,
and city and county receive additional property tax revenues in the form of a vehicle license fee adjustment amount, as
defined, from a Vehicle License Fee Property Tax Compensation Fund that exists in each county treasury. Existing law
requires that these additional allocations be funded from ad valorem property tax revenues otherwise required to be
allocated to educational entities.
13. Southwest California Legislative Council
This bill would modify these reduction and transfer provisions for a city incorporating after January 1, 2004, and on or
before January 1, 2012, for the 2016–17 fiscal year and for each fiscal year thereafter, by providing for a vehicle
license fee adjustment amount calculated on the basis of changes in assessed valuation.
Support: (Verified 3/14/2016)
None on record
Opposition: (Verified 3/14/2016)
None on record
Status: Active - Referred to Committee on Local Government
Vote: majority Appropriation: no Fiscal Committee: yes Local Program: yes
Senate Floor votes:
Assembly floor votes:
Legislative Item #7 Information
SBX2-2 (Hernandez) Medi-Cal: managed care organization tax.
Approved by Governor March 01, 2016. Filed with Secretary of State March 01, 2016
Presentation: Gene Wunderlich
Summary:
Existing law establishes the Medi-Cal program, administered by the State Department of Health Care Services, under
which health care services are provided to qualified low-income persons. The Medi-Cal program is, in part, governed
and funded by federal Medicaid program provisions. Under existing law, one of the methods by which Medi-Cal
services are provided is pursuant to contracts with various types of managed care plans. Existing law, until July 1,
2016, imposes a sales tax on sellers of Medi-Cal managed care plans.
This bill, on July 1, 2016, and until July 1, 2019, would establish a new managed care organization provider tax, to be
administered by the State Department of Health Care Services. The tax would be assessed by the department on
licensed health care service plans, managed care plans contracted with the department to provide Medi-Cal services,
and alternate health care service plans (AHCSP), as defined, except as excluded by the bill. The bill would require the
department to determine for each health plan using the base data source, as defined, specified enrollment information
for the base year. By October 14, 2016, or within 10 business days following the date upon which the department
receives approval for federal financial participation, whichever is later, the bill would require the department to
commence notification to the health plans of the assessed tax amount due for each fiscal year and the dates on which
the installment tax payments are due for each fiscal year.
This bill would establish applicable taxing tiers and per enrollee amounts for the 2016–17, 2017–18, and 2018–19
fiscal years, respectively, for Medi-Cal enrollees, AHCSP enrollees, and all other enrollees, as defined. The bill would
require the department to request approval from the federal Centers for Medicare and Medicaid Services as necessary
to implement this bill. The bill would authorize the department to implement its provisions by means of provider
bulletins, all-plan letters, or similar instructions, and to notify the Legislature of this action.
This bill would establish the Health and Human Services Special Fund in the State Treasury, into which all revenues,
less refunds, derived from the taxes imposed by the bill would be deposited into the State Treasury to the credit of the
fund. Interest and dividends earned on moneys in the fund would be retained in the fund, as specified. The bill would
continuously appropriate the moneys in the fund to the State Department of Health Care Services for purposes of
funding the nonfederal share of Medi-Cal managed care rates for health care services furnished to specified persons,
thereby making an appropriation.
Existing law imposes a gross premiums tax of 2.35% on all insurers, as defined, doing business in this state, as set
forth in the California Constitution. For purposes of the Corporation Tax Law, existing law sets forth items specifically
excluded from gross income.
14. Southwest California Legislative Council
This bill would provide that the qualified health care service plan income, as defined, of health plans that are subject
to the managed care organization provider tax would be excluded from the definition of gross income for purposes of
taxation under the above provisions, as specified. The bill would reduce the gross premiums tax rate from 2.35% to 0%
for those premiums received on or after July 1, 2016, and on or before June 30, 2019, for the provision of health
insurance paid by health insurers providing health insurance that has a corporate affiliate, as defined, that is a health
care service plan or health plan that is subject to the managed care organization provider tax imposed under the bill,
as specified. The bill would require the State Department of Health Care Services to annually report specified
information to the Franchise Tax Board with regard to these provisions. The bill would authorize the board to
implement these provisions and would exempt the board from the administrative rulemaking process.
Existing law provides that when the laws of another state or foreign county impose certain taxes or other amounts on
California insurers, or their agents or representatives, the same taxes or other amounts are imposed in this state upon
the insurers, or their agents or representatives, of the other state or country doing business in this state.
The bill would prohibit the Insurance Commissioner from considering the reduction of the gross premiums tax rate
under this bill in any determination to impose or enforce a tax under those retaliatory tax provisions.
The bill would provide that these provisions become operative on the later of July 1, 2016, or on the date the Director
of Health Care Services certifies in writing that federal approval necessary for receipt of federal financial participation
has been obtained.
This bill would include a change in state statute that would result in a taxpayer paying a higher tax within the meaning
of Section 3 of Article XIII A of the California Constitution, and thus would require for passage the approval of
2
/3 of the
membership of each house of the Legislature.
Analysis:
From CalChamber:
We are pleased to SUPPORT SBX2 15 (Hernandez) and ABX2 20 (Bonta), which preserve critical funding for the
state’s Medi-Cal program without undermining the affordability of commercial health care purchased by employers,
families, and individuals.
When the federal Centers for Medicare and Medicaid Services (CMS) issued guidance in 2014 indicating that
California’s existing MCO tax, which generates approximately $1 billion a year for the state’s Medi-Cal program, did
not comply with the federal rules governing provider taxes and could not be renewed in 2016, policymakers were left
with a difficult task. Any replacement proposal would have to raise enough revenue to offset the expiring tax and
prevent a reduction in Medi-Cal provider reimbursements, but would also need to apply broadly to most, if not all,
health care plans without creating unreasonable disparities between them that might generate pressure in the
commercial health insurance marketplace to increase costs for California purchasers. We believe this proposal
sufficiently meets these important goals.
Together these bills present a comprehensive solution that is a win-win for California. For this reason, we are pleased
to SUPPORT SBX2 15 (Hernandez) and ABX2 20 (Bonta).
MCO Health Care Tax Swap/Reduction Information (AB 2X 15, AB 2X 20)
Restructures the state’s method of taxing health care service plans by establishing a Managed Care Organization
(MCO) Tax to replace (hence, swap) the existing tax that has been deemed to violate federal regulations, changes the
Gross Premiums Tax rate from 2.35% to 0% for certain qualifying health plans, exempts certain qualifying health plans
from Corporations Tax, and prohibits the Insurance Commissioner from enforcing any tax under a retaliatory tax
provision.
When taken in its entirety, the bill will provide a net positive of over $100 million to the commercial health plan market,
will draw down more than $1.2 billion in federal matching funds each year to pay for Californians’ health care needs,
and should not result in premium increases for health plan enrollees. As of 2015, California receives only $0.68 back
from the federal government for every dollar paid by a Californian in federal taxes, so bringing federal dollars back to
California to help pay for mandatory healthcare expenses is a practical way to free up funding for other key state
priorities, including $300 million for the Developmentally Disabled fund which had been cut by Gov. Brown.
MAJOR STATE REVENUE GAIN. The bill provides $1.3 billion in net savings to the state for 2016-17, $1.3 billion in
2017-18, and $1.4 billion in 2018-19.
15. Southwest California Legislative Council
Details:
Within Medi-Cal
Same structure as exists: Health plan tax dollar in, federal dollar out. Breaks even.
Medi-Cal Clawback These dollars will be paid back under MCO, relieving these hospital districts of millions
of dollars:
• Fallbrook Hospital owes $1.5 million
• Palomar-Pomerado hospitals owe $12 million.
Commercial Business Will realize a Tax Cut with the new MCO deal:
$100 million (37%) net tax reduction
Taxes paid: $270 million
Tax cut: $370 million
(Gross Premium Tax)
(Bank and Corp. Tax)
Here’s why health plans support it and why it doesn’t hurt consumers:
Commercial business
Taxes paid: $270 million
Tax cut: $370 million
(Gross Premium Tax)
(Bank and Corp. Tax)
Medi-Cal business
Taxes paid: $2.2 billion
Reimbursement : $2.2 billion
($800 million state)
($1.4 billion Federal)
Total net reduction: $100 million Net cost to plans: $0
How the net savings of $1.3 billion from federal funds is allocated:
Republican policy priorities : The Vulnerable ($410 million) and Debt Reduction ($415 million)
Developmental Disabilities funding: $300 million
Nursing Home Reimbursement (Clawback to hospitals): $120 million
Retiree health care liability reduction: $240 million
Transportation loan repayment: $175 million
Gov./Dem discretion $465 million
Total: $1.3 billion
------------------------------------------------------------------------------------------------------------------------------
Support and Opposition
CA Chamber of Commerce (Support):
“Any replacement proposal would have to raise enough revenue to offset the expiring tax and prevent a reduction in
Medi-Cal provider reimbursements, but would also need to apply broadly to most, if not all, health care plans without
creating unreasonable disparities between them that might generate pressure in the commercial health insurance
marketplace to increase costs for California purchasers. We believe this proposal sufficiently meets these important
goals.
“Together these bills present a comprehensive solution that is a win-win for California.”
Health Net (Support):
“…[W]e are confident that the proposal represents a balanced approach that generates significant revenue to support
the Medi-Cal program. Health Net anticipates that this tax reform proposal will have a positive overall impact on the
marketplace.”
Local Health Plans of CA:
“…the public plans still believe that the tax applied to commercial lines of business is absorbable and supportable.
16. Southwest California Legislative Council
Kaiser (Neutral):
“…[w]e are confident the proposal is a balanced approach that will not negatively affect our purchasers…”and will
“have a positive overall impact on the health care market.”
CA Association of Health Plans (Support):
“The MCO tax bills include two tax relief provisions that eliminate current taxes on health plans and insurers. These
tax cuts, coupled with other safeguards, protect the affordability of health care coverage.”
Blue Shield of CA (Support):
“BSC has thoroughly reviewed this legislation and the accompanying fiscal model and are confident that the proposal
represents a valuable package of tax reforms for health care consumers. In total, this tax reform will lower the total tax
burden on consumers of health coverage and insurers, while protecting a vital funding source for the Medi-Cal
program.
Howard Jarvis Taxpayers Association (no position): (See letter attached)
“Arguments are being made that this tax is an extension of the 2013 version and no Republicans voted for that
proposal, thereby no Republicans should vote for this version either. However, the two proposals are not the same.
The 2013 version included a broad sales tax increase on Medi-Cal plans that the 2016 plan does not include. Instead,
the 2016 model contains two broad-based tax reductions in both the Gross Premiums Tax (GPT) and the Bank and
Corporation tax (B&C) which, in theory, should be revenue neutral for the health plans and ratepayers.”
National Federation of Independent Business:
“Neutral.”
CalTax:
“No position.”
CIGNA (Oppose):
“Unfortunately, the most recent MCO tax proposal creates substantial competitive market advantages for some
California plans at the expense of others.”
Anthem Blue Cross (Support):
“The bill, which is the product of months of negotiations between health plans and the Brown Administration,
successfully balances the need to protect $1.1B in Medi-cal funding with the need to control costs and maintain
competition in the commercial market.
Support (Verified 2/26/2016)
Anthem
Association of Regional Center Agencies
Barton Health
Bay Area Council
Blue Shield of California
Brea Chamber of Commerce
California Association of Health Facilities Developmental
Services Conference
California Association of Health Plans
California Chamber of Commerce
California Disability Services Association
California Hospital Association
California Respite Association
California State Association of Counties
California State Council on Developmental Disabilities
California Supported Living Network
Cal-TASH
Coalinga Regional Medical Center
Community Regional Medical Center
Developmental Services Network
Disability Rights California
Easter Seals Disability Services
Eastern Plumas Health Care
Educate.Advocate.
Family Resource Centers Network of California
George L. Mee Memorial Hospital
Health Access California
Health Net
IDA California
Jewish Home of San Francisco
Kaweah Delta Health Care District
Kern Valley Healthcare District
Lanterman Coalition
Mayers Memorial Hospital District
Modoc Medical Center
Mountains Community Hospital
Local Health Plans of California
Los Angeles Area Chamber of Commerce
Motion Picture & Television Fund
North Orange County Chamber
Orchard Hospital
Palomar Health
People First of California
Rancho Cordova Chamber of Commerce
ResCoalition
Seneca Healthcare District
Service Employees International Union
Sharp HealthCare
SoCal Association of People Supporting Employment First
Sonora Regional Medical Center
Southwest California Legislative Council
Tahoe Forest Hospital District
The Alliance
The Arc California
United Cerebral Palsy California Collaboration
Western Center on Law & Poverty
Opposed (Verified 2/26/2016)
Cigna
17. Southwest California Legislative Council
Senate Floor votes: Aye: Roth
No: Morrell, Stone
Assembly floor votes: Aye: Jones, Linder, Mayes, Medina, Waldron
No: Melendez
Calvary Bible Fellowship v. Riverside County Action
Requested action: SUPPORT Riverside County
Presentation: John Kelliher
Background:
On February 10, 2016, Calvary Bible Fellowship sued Riverside County, challenging the validity of the zoning
ordinances that serve as the foundation to Temecula Valley Wine Country.
Calvary operates a small church in the heart of Wine Country. They began operations in 1996 - without a permit, and
in contradiction to ordinances - and then appealed to the County for an exception. Despite significant opposition from
Wine Country interests, the County granted a permit as a non-conforming use - albeit with mitigating conditions which
observers note that Calvary has failed to comply with. Calvary has, for several years, pursued a major expansion from
7.4 acres to approximately 30 acres, with a Costco-sized (80,000 square feet) auditorium, major school facilities, and
more than 500 parking spaces. During the last Wine Country zoning update, the County carved out a "donut hole" that
included only the 30 acres owned by Calvary, leaving the Calvary issue undecided. After a recent legal decision made
it apparent that Calvary's expansion would likely not be permitted, Calvary sued.
Calvary's expansion has been opposed by the Temecula Valley Winegrowers Association, the Board of Visit Temecula
Valley, and by various other organizations and community leaders - including 11 Temecula Valley Citizens of the
Year. In addition to the general concern for incompatible consumption of limited Wine Country land, specific concerns
include traffic surges onto two lane roads, likely future limits on normal pest control activities within a substantial radius
of the project, and potential threats to wine sales by surrounding wineries due to school proximity.
The suit essentially challenges the concept of an Agriculture Preserve, a proven and effective method of incubating a
wine region by staving off suburban development. As a comparison, Napa County initiated the nation's first Ag
Preserve in 1968. The Napa Preserve was initially controversial, facing substantial opposition. Over the year, it
withstood legal challenges, won over detractors to become overwhelmingly supported, and has expanded to include
91% or County land. In contrast, Temecula's Wine Country zone comprises a tiny fraction - about 0.5% - of Riverside
County land. Consequently, industry leaders consider any large parcels within the zone to be extremely scarce and
extremely valuable in adhering to the stated purpose of the Wine Country zone
Argument in Support (Maintain Wine Country Ordinance)
A lawsuit threatens to weaken the foundation of not only Wine Country, but also the entire Temecula Valley tourism
industry. Whether the County chooses to defend, or settle (for budgetary reasons), could have a significant long term
impact on the industry's goal to develop the region's tourism industry.
Argument in Opposition (Support Calvary lawsuit)
A request has been made to the Calvary Bible Fellowship for comment and/or speaker. As of this date there has been
no response. A copy will be forwarded to you if available. (Link to 21 page complaint)
Requested Action: Letter of Support for the County to contest the lawsuit, and maintain the Wine Country ordinance.
18. Southwest California Legislative Council
County delays action on repealing Wine Country church ordinance
Riverside County had agreed to repeal the ordinance as part of a lawsuit settlement. County staff needs more time, a spokesman says.
BY AARON CLAVERIE / STAFF WRITER
Published: June 7, 2015 Updated: June 8, 2015 10:38 a.m.
FRANK BELLINO , STAFF PHOTOGRAPHER
The Riverside County Board of Supervisors has delayed action on the repeal of an
ordinance considered beneficial to Calvary Chapel Bible Fellowship, a
nondenominational church nestled in the heart of Temecula Valley Wine Country.
The county agreed to repeal the ordinance – which removes a time limit for how
long businesses can operate as legal nonconforming uses – as part of the
settlement of a lawsuit filed by Protect Wine Country, a coalition of growers, winery
owners and tourism executives opposed to the church’s expansion plans.
County spokesman Ray Smith said Thursday that consideration of the ordinance was postponed to give staff members
time to add more information to the report for the board. He did not disclose the nature of that information.
Consideration of the ordinance could be brought up at the June 16 meeting or the meeting on June 30, he said.
The ordinance targeted by Protect Wine Country was approved in the summer of 2014.The group filed a lawsuit a month
later in a bid to get it repealed. According to a report for the board, the ordinance removed time limits on how long a
business could operate when land use or zoning is changed.
Under the previous rules, the business would have to apply for an extension at the end of a specified time frame. There
would be no fiscal impact associated with the repeal and the old time limits would be restored. Critics of the church’s
expansion plans say the ordinance benefits Calvary Chapel because it was permitted in the late 1990s when churches
were allowed in Wine Country. Subsequent zoning banned churches from the vast majority of the region, turning the
church into a legal nonconforming use.
Ray Falkner, one of the leaders of Protect Wine Country, said repeal of the ordinance would require the church to at least
seek an extension of its operating permit. This possibly would trigger a review by the county that could call into question
the church’s entire operation, including the traffic impacts on Rancho California Road. “Calvary Chapel isn’t in compliance
with the initial conditions they were issued,” he said.
Robert Tyler, an attorney representing Calvary Chapel, said he doesn’t think the repeal would change anything for the
church. “The intent of 18.8 (the section that addresses time limits) clearly is not to tell a church they can only be on their
property for a certain time,” he said.
The county last year approved a new zoning plan for the entirety of Wine Country, an 18,000-acre swath that stretches
south across Temecula Parkway. But that plan doesn’t include the 30 acres owned by Calvary Chapel. Protect Wine
Country has filed suit to get the “doughnut hole” in the plan removed. That lawsuit may be heard by a judge sometime
later this year.
The church’s expansion plans call for building an auditorium designed to accommodate 936 people, nearly double the
capacity of the existing sanctuary. The structure and parking would go on 23 acres to the north of the developed 7-acre
church campus, which is east of Calle Contento.
19. Southwest California Legislative Council
Calvary Chapel Sues for Religious Ban in 'Wine Country'
10:30AM EST 2/11/2016 LORI SANADA/ADVOCATES FOR FAITH & FREEDOM
Calvary Wine Country opened its doors in 1996 when churches were once allowed
to locate in the 17,900-acre Wine Country region—an area equal to 28 square
miles. (ccbf.net)
Calvary Chapel Bible Fellowship filed a complaint in federal court against the
County of Riverside, California, based on the United States Constitution and the
Religious Land Use and Institutionalized Person's Act of 2000.
Calvary Chapel Bible Fellowship, commonly known as "Calvary Wine Country," is located in the region of California
known as the Temecula Wine Country.
Calvary Wine Country opened its doors in 1996 when churches were once allowed to locate in the 17,900 acre Wine
Country region—an area equal to 28 square miles. However, soon after Calvary Wine Country was approved, the County
banned churches from the Temecula Wine Country, leaving Calvary Wine Country as a nonconforming use. Now,
Calvary's ability to expand its facilities for its flourishing congregation in the Wine Country is uncertain at best.
Calvary Wine Country plans to remain in the Wine Country and to build a larger sanctuary on its 28-acre adjacent
property. However, the county's zoning ordinances still ban churches and Calvary Wine Country is the only church in the
Temecula Wine Country. Meanwhile, the County permits special occasion facilities, wineries, hotels, resorts, restaurants
and many other tourist related uses in the Wine Country.
Calvary's Pastor Clark Van Wick said, "It's a tragedy to see our religious liberty eroded in this country where men and
women have fought and died to protect our liberty. It's un-American to see churches outlawed like we're seeing here in the
neighborhood I've lived in for 27 years."
"This is a classic case for the federal religious land use law that protects churches and requires that zoning authorities
treat religious assemblies on equal terms to other nonreligious assemblies," said Robert Tyler, managing partner of Tyler
& Bursch, LLP and counsel for Calvary Wine Country. He further commented, "Calvary Wine Country has long desired to
just be a good neighbor, to work cooperatively with the county and to provide a place of worship for the thousands of
residents that live in the Wine Country."
Unfortunately, Calvary Wine Country has been the target of litigation by a "loose" organization named Protect Wine
Country. Calvary Wine Country has had to fight a neighboring vintner, a special interest group, and other politically
influential wineries just to continue its right to exist on its own property.
Robert Tyler commented, "It is ironic that Father Junipero Sera, the 'Father of California Wine,' planted the first known
vineyard in California at the San Diego Mission de Alcala and vineyards graced the California Missions for many years.
Today, however, Riverside County has determined that a church is no longer compatible with vineyards and has banned
all religious assemblies from the Temecula Wine Country."
Calvary Wine Country is represented by Advocates for Faith & Freedom in association with Tyler & Bursch, LLP. Robert
Tyler filed one of the first lawsuits under the Religious Land Use and Institutionalized Persons Act of 2000 on behalf of the
Elsinore Christian Center in Lake Elsinore, California. That suit resulted in a successful resolution wherein the City paid
more than $1.6 million in settlement. Robert's firm, Tyler & Bursch, LLP, has become one of the nation's premier firms for
handling religious land use cases on behalf of churches.