HomeMy WebLinkAbout2009-07-14 - AGENDA REPORTS - STATE AND FED LEGISLATION (2)CONSENT CALENDAR
DATE:
SUBJECT:
DEPARTMENT
Agenda Item:
CITY OF SANTA CLARITA
AGENDA REPORT
City Manager Approval
Item to be presented by:
July 14, 2009
Farah Awan
STATE AND FEDERAL LEGISLATION
City Manager's Office
RECOMMENDED ACTION
City Council adopt the recommendation of the City Council Legislative Committee and direct
staff to submit letters to appropriate Members of the California Legislature, Members of
Congress, appropriate committees, Governor, and League of California Cities
In support of:
SB 696 - Air Quality: CEQA Exemptions
S.762 - Fire Safe Communities Act
S.763 - Mortgage and Rental Disaster Relief Act of 2009
S.764 - Disaster Rebuilding Assistance Act of 2009
S. 116 - Troubled Asset Relief Program (TARP) Assistance of Local Government Act of 2009
H.R. 467- Equitable Treatment of State and Local Government Act
In opposition of AB 761 Mobile Home: Rent Control
BACKGROUND
During the June 23, 2009, Santa Clarita Legislative Committee meeting, Mayor Frank Ferry andt
Councilmember Laurie Ender recommended that the City Council take a position in support of
State Senate Bill 696, United States Senate Bill 762, United States Senate Bill 763, United States
Senate Bill 764, United States Senate Bill 116, and United States House of Resolution 467; and
take a position in opposition of State Assembly Bill 761.
APPROVED
State Legislation
SB 696
On February 27, 2009, State Senator Rod Wright introduced SB 696. This bill would allow the
South Coast Air Quality Management District's (SCAQMD) emissions reduction credit program
to be restarted in an expeditious manner. A lawsuit between Natural Resources Defense Council
v. South Coast Air Quality Management District has hindered the implementation of SCAQMD
project permits that use a "credit bank" to offset emissions for certain projects. The state court
held that SCAQMD violated the requirements of the California Environmental Quality Act
(CEQA) by establishing this credit program. Under existing law, every air pollution control
district or air quality management district in a federal nonattainment area, such as SCAQMD, can
establish its own process to regulate air contaminant emissions. The SCAQMD rules and
regulations are strict, but the SCAQMD continues to operate a "credit bank," that allows for
exemptions on necessary regional projects including upgrades to hospitals, schools, police
stations, landfills, treatment plants, and renewable energy projects. Even with the credit program,
our region's air quality continues to steadily improve. This bill would enable the SCAQMD to
continue to operate its credit bank, and allow for exemptions as needed. The League of California
Cities, Los Angeles County Division, has taken a formal position to support this bill. SCAQMD
requested that the City Council support SB 696.
AB 761
On February 26, 2009, Assemblymember Charles Calderon introduced AB 761. This bill would
interfere with locally adopted solutions to control rents during and between transfers of
ownership between mobile home owners. Over 100 cities in California, including the City of
Santa Clarita, have adopted some kind of regulation to manage the control of rents in mobile
home parks. Mobile homes present a special property rights issue because the homes are not
really mobile. Once placed on a pad within a mobile home park, the mobile home owner is at an
unfair bargaining position because the mobile home cannot be moved easily if rents are
increased. As a result, cities across the state have adopted regulating ordinances.
The Santa Clarita Municipal Code Chapter 6.02, titled "Manufactured Home Park Rent
Adjustment Procedures," does not allow for an annual rent adjustment above the Consumer Price
Index (CPI) unless documentation supporting a certain level of increase in rent is provided to the
Manufactured Home Park Rent Adjustment Panel. The panel has been established by the City of
Santa Clarita and consists of a total of five members, including representatives of the City's
mobile home community.
If AB 761 is adopted it will supercede the City's adopted ordinance and local control. The City's
ordinance has successfully balanced the affordability of pad rentals in mobile home parks with
the overall profitability of the park itself. The League of California Cities has taken a formal
position to oppose this bill.
Federal Legislation
The following three bills are a package, introduced in the United States Senate by Senator Dianne
Feinstein, designed to mitigate the effects of natural disasters, specifically wildfires, in
communities throughout the nation. Senator Feinstein's office contacted the City asking for the
Council's support of these bills.
S.762
United States Senator Dianne Feinstein introduced S. 762 on April 1, 2009. This bill would
allow the Federal Emergency Management Administration (FEMA) to provide grants up to $1
million to municipalities at risk of fire hazards for the following general purposes: to encourage
responsible development; to mitigate the catastrophic effects of fires; and to encourage the
retrofit of existing wildfire -prone structures. Under general circumstances, a municipality
applying for one of these grants must provide a local match of 25%. However, the
Undersecretary of FEMA may reduce the match requirement to 10% if the municipality has
adopted a national wildland fire code, standard, or ordinance; or a local ordinance that requires
the retrofit of existing construction that provides for increased protection for the municipality
from the threat of wildfire. A municipality may use these funds to: enforce requirements related
to hazardous fuel reduction or brush clearing requirements on private land; enforce requirements
related to residential construction of the code -inspection of new and existing construction with
respect to wildland fire; to award subgrants to be used for the replacement of combustible roofs
with roofs made of non-combustible roofing material, or for enclosing eaves; and to carry out
programs to educate community planners and zoning officials on historic wildfire patterns and
fire-resistant community planning. Given the City's susceptibility to wildfires, these grants
would provide addtional funding that could help the City mitigate the effects of wildfire damage
S.763
United States Senator Dianne Feinstein introduced S. 763 on April 1, 2009. This bill would
amend the existing Stafford Disaster Relief and Emergency Assistance Act, by authorizing the
President to provide temporary assistance in the form of rental or mortgage payments to
individuals or households who have received a notice of eviction or foreclosure because of a
financial hardship caused by a major disaster. In general, this assistance will only be provided to
those whose individual or household adjusted gross income is not more than $75,000. However,
in areas with a high cost of living, the adjusted gross income threshold can be increased to
$100,000. The bill does not specify what constitutes an area with a high cost of living, and
allows the President to make that determination. This assistance will be provided for the
duration of the period of financial hardship caused by the major disaster, not to exceed 18
months. The bill also applies these amendments to any major disaster declared on or after
October 21, 2007. This assistance could benefit the City's residents who have been affected by a
natural disaster occurring on or after October 21, 2007.
S.764
United States Senator Dianne Feinstein introduced S. 764 on April 1, 2009. This bill would
amend the existing Stafford Disaster Relief and Emergency Assistance Act, to increase the
maximum amount of assistance to individuals and households to $50,000, and allows the
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President to further increase the amount of assistance provided to individuals and households
residing in a state with a high cost of living, a determination which is also made by the President.
The bill also applies these amendments to any major disaster declared on or after
October 21, 2007. This assistance could benefit the City's residents who have been affected
by a natural disaster occurring on or after October 21, 2007,
S. 116
United States Senator Dianne Feinstein introduced S. 116 on January 6, 2009. This bill would
require the Secretary of the Treasury to allocate $10 billion of Troubled Asset Relief Program
(TARP) funds to local governments that have suffered significant losses as a result of investing
in financial institutions that unexpectedly failed or went bankrupt. For example, the City made a
$2 million investment into a highly rated medium-term security with Lehman Brothers prior to
the financial firm's declaration of bankruptcy. Just five days prior to Lehman Brothers'
bankruptcy declaration, Moody's Rating Agency reaffirmed the investment at "investment grade
A2." The City's investment policy, as well as state law, provides that the City can invest in
medium-term corporate notes that have a rating of "A" or higher by Moody's. Thus, the City's
investment was in full compliance with state law and the City's investment policy. The estimates
for recoveries through the Lehman Brothers bankruptcy proceedings are between 20-60 cents on
the dollar. If this bill passes, the City could potentially recover 100% of its losses from the
Lehman Brothers investment.
H.R. 467
United States Representative Jackie Speier introduced H.R. 467 on January 13, 2009. This bill
would direct the Secretary of the Treasury to purchase, at face value, troubled assets that state
and local governments held with Lehman Brothers as of September 15, 2008, the date of Lehman
Brothers' bankruptcy declaration. The City held a $2 million investment in a Lehman Brothers'
medium-term security at the time of Lehman Brothers' bankruptcy declaration, and thus would
qualify to have the Secretary of the Treasury purchase this troubled asset.
ALTERNATIVE ACTIONS
1. City Council to take no position.
2. Other action as determined by the City Council.
FISCAL IMPACT
All activities required to carry out the recommended action are contained within the City's
adopted 2009/10 budget.
ATTACHMENTS
SB 696- Air Quality: CEQA Exemptions available in the City Clerk's Reading File
S. 762 - Fire Safe Communities Act available in the City Clerk's Reading File
S. 763 - Mortgage and Rental Disaster Relief Act of 2009 available in the City Clerk's Reading
File
S.764 - Disaster Rebuilding Assistance Act of 2009 available in the City Clerk's Reading File
S. 116 -Troubled Asset Relief Program (TARP) Assistance of Local Government Act of 2009
available in the City Clerk's Reading File
H.R. 467- Equitable Treatment of State and Local Government Act available in the City Clerk's
Reading File
AB 761 -Mobile Home: Rent Control available in the City Clerk's Reading File
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AMENDED IN SENATE JUNE 17, 2009
AMENDED IN SENATE JUNE 9, 2009
AMENDED IN SENATE MAY 5, 2009
AMENDED IN SENATE APRIL 13, 2009
SENATE BILL
No. 696
Introduced by Senator Wright
February 27, 2009
An act to add Sections 40440.12 and 40440 13 to the Health and
Safety Code, relating to air quality, and declaring the urgency thereof,
to take effect immediately
LEGISLATIVE COUNSEL'S DIGEST
S13 696, as amended, Wright. Air quality: CEQA exemptions:
emission reduction credits.
(1) 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 (EIR) 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 certain specified projects from its
requirements.
Under existing law, every air pollution control district or air quality
management district in a federal nonattainment area for any national
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ambient
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ambient air quality standard is required to establish, by regulation, a
system by which all reductions in emissions of air contaminants that
are to be used to offset certain future increases in the emission of air
contaminants are banked prior to use. Pursuant to this requirement the
South Coast Air Quality Management District (district) promulgated
various rules establishing offset exemptions, providing Priority Reserve
offset credits, and creating or tracking credits used for offset exemption
or Priority Reserve projects. In Natural Resources Defense Council v.
South Coast Air Quality Management District (Super. Ct. Los Angeles
County, 2007, No. BS 110792), the superior court found the
promulgation of certain of these district rules to be in violation of
CEQA.
This bill would exempt from the requirements of CEQA, except as
specified, the adoption and implementation of specified district rules
relating to emission credits. Because a lead agency would be required
to determine whether the use of the credits qualifies for an exemption,
this bill would impose a state -mandated local program.
(2) This bill would state the findings and declarations of the
Legislature concerning the need for special legislation.
(3) The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the state.
Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act
for a specified reason.
(4) This bill would declare that it is to take effect immediately as an
urgency statute.
Vote: 2/3. Appropriation: no. Fiscal committee: yes.
State -mandated local program: yes.
The people of the State of California do enact as follows:
1 SECTION 1. (a) The Legislature finds and declares all of the
2 following:
3 ' (1) Because of the superior court decision in Natural Resources
4 Defense Council v. South Coast Air Quality Management District
5 (Super. Ct. Los Angeles County, 2007, No. BS 110792) holding
6 the South Coast Air Quality Management District (district) violated
7 the requirements of the California Environmental Quality Act
8 (CEQA) (Division 13 (commencing with Section 21000) of the
9 Public Resources Code) in the promulgation of certain district
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1 rules, the district is unable to issue over a thousand pending permits
2 that rely on the district's internal offset bank to offset emissions.
3 (2) The superior court decision also required the district to set
4 aside several thousand permits that were previously issued in
5 reliance on the district's internal offset bank. These permits have
6 been subject to analysis performed,pursuant to CEQA that the lead
7 agency has deemed appropriate.
8 (3) Between 2003 and 2005, the federal Environmental
9 Protection Agency conducted an extensive review of the criteria
10 for, and the types of documentation used to support, the deposit
11 of credits in the district's offset bank. As a result of that review,
12 the district made a significant adjustment.44tey The district reduced
13 the total credits by an average of 60 percent over all pollutants and
14 by over 90 percent for PM 10 credits. As a result of this review,
15 the Environmental Protection Agency issued a letter to the district
16 on April 11, 2006, confirming that the district tracking system
17 addressed the underlying historical issues, including the use of
18 pre -1990 credits and further recommended a rule codifying the
19 revised tracking system. The district in 2006 adopted Rule 1315
20 to meet this recommendation. Rule 1315 is now in part the subject
21 of the litigation described paragraph (1).
22 (4) If prompt legislative action is not taken to correct this
23 situation, projects will be stopped from going forward or frozen
24 in place, representing significant losses to the economy, as well
25 as numerous well -paying jobs. The impact of approved projects
26 not going forward will dramatically impede any economic recovery
27 in southern California and contribute to another state deficit as a
28 result of lower tax revenues.
29 (5) Affected projects include equipment replacement to reduce
30 air emissions, plus projects for essential public services such as
31 hospitals, schools, landfills, sewage treatment plants, renewable
32 energy projects, and small sources, including small businesses that
33 are unable to locate or afford credits on the open market. With
34 time, many other similar projects will have to be placed on hold,
35 or have their application withdrawn.
36 (6) The superior court decision also prohibits the district from
37 issuing air credits from its Priority Reserve to thermal powerplants
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39 needs of the fegion and to prevent blaekouts dttfttig peak dernand
40 perils. that the Public Utilities Commission found were needed.
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I The commission's finding was made after extensive public hearings
2 in the commission's long-term electric procurement plan
3 proceedings held pursuant to Section 454.5 of the Public Utilities
4 Code. The commission concluded that these thermal powerplants
5 were needed after concluding that efforts at all cost-effective,
6 reliable, and feasible demand response and demand reduction
7 resources were exhausted and that additional supplies of electricity
8 from eligible renewable energy resources were insufficient to meet
9 the current and future projected electricity needs of the region to
10 prevent blackouts during peak demand periods, to maintain a
11 stable supply of electricity if imported supplies of electricity are
12 interrupted, and to integrate and backstop new, intermittent
13 electricity generated by eligible renewable energy resources that
14 will be added to the grid
15 (7) Without corrective legislation, the district cannot improve
16 air quality by allowing the existing older and higher emitting and
17 less efficient powerplants to be replaced with new cleaner and
18 more efficient powerplants. Fifty percent of available total power
19 in the region is generated from powerplants that are 40 years or
20 older.
21 (8) Failure to correct this problem will mean the district cannot
22 help meet the mandates set forth in the California Global Warming
23 Solutions Act of 2006 (Division 25.5 (commencing with Section
24 38500) of the Health and Safety Code) if it cannot issue permits
25 to provide necessary peaking and load following power to support
26 increased reliance on renewable energy intermittent electricity
27 generated by eligible renewable energy resources as will be
28 required by state efforts to reduce emissions of greenhouse gases.
29 (b) It is therefore necessary that legislation be enacted to allow
30 the district to resume issuing permits and to abrogate the superior
31 court decision in Natural Resources Defense Council v. South
32 Coast Air Quality Management District (Super. Ct. Los Angeles
33 County, 2007, No. BS 110792).
34 SEC. 2. Section 40440.12 is added to the Health and Safety
35 Code, to read:
36 40440.12. (a) South coast district Rule 1309. 1, as amended on
37 September 8, 2006, and replaced August 3, 2007, and Rule 1315,
38 as adopted September 8, 2006, and readopted August 3, 2007,
39 relating to, among other things, the creation of internal accounts
40 for essential public services, small sources, exempt sources, and
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eligible powerplants, are hereby continued in full force and effect
without interruption since September 8, 2006, and August 3, 2007.
(b) The adoption and implementation of Rules 1309.1, 1315,
1304, and any amendments to these rules required by the United
States Environmental Protection Agency for approval, are exempt
from the California Environmental Quality Act (Division 13
(commencing with Section 21000) of the Public Resources Code),
except as provided in subdivision (d).
(c) The exemption provided in subdivision (b) applies to all
actions taken pursuant to the rules listed in subdivision (b)
occurring on and after September 8, 2006, and to the use of credits
pursuant to the May 3, 2002, version of Rule 1309. 1, except as
provided in subdivision (d).
(d) (1) There are hereby established two accounts of offset
credits in the south coast district's internal bank: the operating
account and the set-aside account.
(2) The starting balances of the operating account are hereby
established in the following amounts:
(A) Volatile organic compounds 10.98 tons/day.
(B) Nitrogen oxides. 14.27 tons/day.
(C) Sulfur oxides: 2.32 tons/day.
(D) Carbon monoxide: 12.72 tons/day.
(E) PM 10: 10.63 tons/day.
(3) The credits in the operating account may be used for
implementation of Rules 1304 and 1309.1. The use of credits in
the operating account are exempt from the California
Environmental Quality Act (Division 13 (commencing with Section
21000) of the Public Resources Code) except that the issuance of
any permit using these credits is not exempt ffpt included
within this exemption. Future rules authorizing the creation of
additional offset credits for deposit into the operating account are
not exempt from the California Environmental Quality Act under
this section. The south coast district shall account for emission
credits used pursuant to this section to ensure that the credits issued
do not exceed the allocations described in this subdivision.
(4) The starting balances of the set-aside account are hereby
established in the following amounts:
(A) Volatile organic compounds: 55.56 tons/day.
(B) Nitrogen oxides: 11.24 tons/day.
(C) Sulfur oxides: 0 tons/day.
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1 (D) Carbon monoxide- 0 tons/day.
2 (E) PM 10: 0.55 tons/day
3 (5) The use of the credits in the set-aside account is not exempt
4 from the California Environmental Quality Act pursuant to this
5 section.
6 (e) The exemptions from the California Environmental Quality
7 Act provided in this section shall not apply unless all of the
8 following are satisfied:
9 (1) A south coast district rule requires the use of the best
10 available control technology, as defined in Section 40405, and air
I 1 quality modeling to ensure the source will not cause a violation,
12 or make significantly worse an existing violation, of any ambient
13 air quality standards as defined in district Rule 1303, unless
14 exempted from modeling pursuant to district Rule 1304, as
15 amended June 14, 1996, for each new, relocated, or modified
16 source with an emissions increase of one pound per day or greater
17 of any air contaminant.
18 (2) A south coast district rule prohibits the construction of any
19 new, relocated, or modified permitted unit if the emissions of any
20 toxic air contaminant, as listed by the district board, exceed a
21 cumulative increase in maximum individual cancer risk at any
22 receptor location of greater than one in one million if the permitted
23 unit is constructed without best available control technology for
24 toxic air contaminants, or greater than 10 in one million if the
25 permitted unit is constructed with best available control technology
26 for toxic air contaminants or exceeds a chronic or acute noncancer
27 health effect hazard index of 1.0
28 (3) The south coast district accounts for the use of offset credits
29 pursuant to this subdivision as part of the district's state
30 implementation plan submissions and demonstrates that the use
31 of the offset credits will not interfere with attainment or
32 maintenance of ambient air quality standards.
33 (4) South coast district Rules 1304, 1309.1, and 1315, as
34 specified in this subdivision, have been submitted to the United
35 States Environmental Protection Agency, and have not been
36 disapproved by that agency.
37 0 No fee shall be charged for the use of credits by essential
38 public services, as defined in south coast district Rule 1302
39 ()
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(g) A powerplant may be eligible to receive offset credits under
this section if it meets both of the following conditions:
(1) The powerplant has filed its application for certification
before the State Energy Resources Conservation and Development
Commission and its certificate is approved pending release of
internal offset credits by the south coast district.
(2) The powerplant will provide electric power to customers in
California, and either the powerplant owner has entered into a
binding contract for purchase of the power by an electrical
corporation subject to regulation by the Public Utilities
Commission, and the contracts have been approved by the Public
Utilities Commission consistent with its authority, including, but
not limited to, Section 380 of the Public Utilities Code, or the plant
is a powerplant owned by a local publicly owned electrical utility,
or owned by a municipality, that is designed and constructed not
to exceed the municipality or utility's native demand load
projections.
(h) (1) A powerplant accessing emission credits pursuant to
this section shall pay a mitigation fee for the Priority Reserve offset
credits obtained that shall be the amount set forth in south coast
district Rule 1309. 1, as amended August 3, 2007.
(2) The south coast district shall, to the extent technically and
economically feasible, use the mitigation fees to mitigate emissions
of the relevant pollutants or its precursors in the area impacted by
emissions from the powerplant, with a minimum of one-third to
be used for installation of renewable or alternative sources of
energy. Up to 10 percent may be used by the district for
administration of the mitigation program.
(r) Any credits used pursuant to this section shall not be
transferable except to a new owner of the same source, and shall
revert back to the south coast district's internal accounts upon the
source, or portion of a source, ceasing operation.
(�) Except as expressly, provided in subdivisions (b) and (d),
nothing in this section shall affect the applicability of the California
Environmental Quality Act to the licensing and permitting of any
powerplant project, or to the permitting of any project by the south
coast district.
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(k) The decisions of the court in Natural Resources Defense
Council v. South Coast Air Quality Management District (Super.
Ct. Los Angeles County, 2007, No. BS 110792) are hereby
abrogated.
SEC. 3. Section 40440.13 is added to the Health and Safety
Code, to read:
40440.13. (a) (1) Any amendment of the operating account to
increase the amount of emission credits above the amounts
established in paragraph (2) of subdivision (d) of Section 40440.12
or a change in the eligibility for those credits shall be made in
accordance with the requirements of this section and any applicable
requirements of the federal Clean Air Act (42 U.S.C. Sec. 7401 et
seq.).
(2) The south coast district shall post its internal credit accounts,
including debits, credits, and balances on its Internet Web site.
(b) A powerplant shall be eligible to receive offset credits from
amounts added to the operating account beyond the starting
balances established in paragraph (2) of subdivision (d) of Section
40440.12 only if the powerplant meets both of the 'following
conditions:
(1) The powerplant will provide electric power to customers in
southern California, and the capacity addition is authorized by the
Public Utilities Commission in its long-term power procurement
decision in accordance with Section 454.5 of the Public Utilities
Code, after concluding that efforts at all cost-effective, reliable,
and feasible demand response and demand reduction resources
were exhausted and additional supplies of renewable power were
insufficient to meet the current and future projected electricity
needs of the region.
(2) The powerplant owner has entered into a binding contract
for purchase of the power by an electrical corporation subject to
regulation by the Public Utilities Commission, and the contracts
have been approved by the Public Utilities Commission consistent
with its authority, including, but not limited to, Section 380 of the
Public Utilities Code, or is a powerplant owned by a local publicly
owned electrical utility that is designed and constructed not to
exceed that utility's native demand load projections within the
local publicly owned electrical utility's service area. Powerplants
that meet this paragraph are deemed needed to meet electric power
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demand, system reliability, and integration of renewable power
into the grid.
(c) Any credits used pursuant to this section shall not be
transferable except to a new owner of the same source, and shall
revert back to the south coast district upon the source, or portion
of a source, ceasing operation.
(d) The south coast district shall establish a fee paid by the
powerplant for the use of offset credits from the Priority Reserve
issued pursuant to this section.
(e) Nothing in this section affects the responsibilities of the
State Energy Resources Conservation and Development
Commission with respect to environmental analysis of a proposed
powerplant.
SEC. 4. The Legislature finds and declares that a special law
is necessary and that a general law cannot be made applicable
within the meaning of Section 16 of Article IV of the California
Constitution because of unique circumstances concerning the South
Coast Air Quality Management District.
SEC. 5. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
a local agency or school district has the authority to levy service
charges, fees, or assessments sufficient to pay for the program or
level of service mandated by this act, within the meaning of Section
17556 of the Government Code.
SEC. 6. This act is an urgency statute necessary for the
immediate preservation of the public peace, health, or safety within
the meaning of Article IV of the Constitution and shall go into
immediate effect. The facts constituting the necessity are:
Due to the court decision in Natural Resources Defense Council
v. South Coast Air Quality Management District (Super. Ct. Los
Angeles County, 2007, No. BS 110792), the South Coast Air
Quality Management District is unable to issue over a thousand
pending permits that are either exempt from offset requirements
or qualified to use offset credits from the district's Priority Reserve
and is required to set aside thousands of permits already issued;
therefore it is necessary for this measure to take effect immediately
to allow the district to issue permits in an expeditious manner and
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1 to validate previously issued permits called into question by the
2 superior court's decision.
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AUTHENTICATED
US GOVERNMENT
INFORMATION
GPO
111 Tli CONGRESS S*762
IST SLSSION
To promote fire safe communities and for other purposes.
IN THE SENATE OF THE UNITED STATES
APRIL 1, 2009
Mrs. h EINSTEIN introduced the following hill, which Nvas read twice and
referred to the Committee on Aomeland Security and Governmental Affairs
A BILL
To promote fire safe communities and for other purposes.
1 Be it enacted by the Senate and -louse of Repr•esenta-
2 tives of the, united States of'America, in Congress assembled,
3 SECTION 1. SHORT TITLE.
4 This Act may be cited as the "Fire Safe Communities
5 Act of 2009".
6 SEC. 2. DEFINITIONS.
7 In this Act:
8 (1) h il�E I-IA%AIM AREA.—The term "fire haz-
9 and area," nica.11s all area at significant risk from
10 NINrildland fire as determined by
11 (A) the applicable State forestry agency or
12 equivalent State agency; or
2
1 (B) the Under Secretary.
2 (2) h FRE SAFE COMMUNITY.—The term "fire
3 safe eomminuty" means -
4 (A) a subdivision of a State that has
5 adopted a national Nvildland fire code, standard,
6 or ordinance; or
7 (B) a municipality at risk that has adopted
8 local ordinances that -
9 (i) are consistent with more than one
10 of the elements set out in paragraph
11 (4)(C)(ii); and
12 (ii) the Under Secretary determines
13 provide generally accepted levels of fire
14 protection.
15 (3) MUNICIPALITY AT Dish.—The term "mu -
16 nicipality at risk" means a subdivision of a State
17 that is located in, or contains, a fire hazard area.
18 (4) NATIONAL WTLDLANn FIRE Conk, STAND -
19 ARD, OR ORDINANCE.—The term "national wildland
20 fire code, stwmdard, or ordinance" means -
21 (A) the most recent publication of National
22 Fire Protection Association code number 1141,
23 1142, or 1144; -
•S 762 IS
3
1
(B) the most recent publication of the
2
International Wildland-Urban Interface Code of
3
the International Code Council; or
4
(C) any other code which -
5
(i) the Under Secretary determines
6
provides the same, or better, standards for
7
protection against wildland fire as a code
8
described in subparagraph (A) or (B); and
9
(ii) may include -
10
(I) specifications for construction
11
materials and techniques for use in
12
nnnnicihalities at risk;
13
(11) guidelines for the placement
14
of utilities, defensible space, and vege-
15
tation management;
16
(III) enforcement mechanisms for
17
compliance with defensible space re -
18
grnrelnents;
19
(IV) zoning and site design
20
standards for new residential con -
21
struetion, including the ividth and
22
placement of surrounding fuel breaks
23
and description of unsafe areas to lo -
24
cote new homes, such as the top of
•S 762 IS
91
1 highly dangerous canyons that funnel
2 wildfire heat;
3 (V) specifications for water sup -
4 plies for firefighting;
5 (VI) requirements for adequate
6 firefighting protection, including re -
1 quirements for fire stations and
8 equipment;
9 (VII) gtiiidelines for the paxtieipa-
10 tion of fire professionals in the devel-
11 opment of local fire protection models;
12 (VIII) standards for the protec-
13 tion of roads and bridges;
14 (LX) standards for the egress ea -
15 pacities of roads and bridges;
16 (1) guidelines for the marizing of
17 buildings and homes; and
18 (XI) requirements for the re -
19 placement of combustible roofing ma, -
20 terial on existing homes.
21 (5) UNDER SECRETARY.—The term "Under
22 Secretary" means the Under- Secretary for Federal
23 Emergency Management of the Department of
24 Homeland Security.
•S 762 IS
5
1 SEC. 3. ADDITIONAL FIRE MANAGEMENT ASSISTANCE
2 GRANTS FOR FIRE SAFE COMMUNITIES.
3 (a) IN GENERAL.—The Under Secretary may reduce
4 the amount of the share of non -Federal funds required
5 by the Fire Management Assistance Grant Program to 10
6 percent of the grant amount for a municipality at risk if
7 such municipality has adopted a-
8 (1) national ivildland fire code, standard, or or -
9 dinance; or
10 (2) local ordinance, standard, or code that re -
11 quires the retrofit of existing construction that pro -
12 vides for increased protection for the municipality
13 from the threat of wildfire, such as a requirement to
14 replace combustible roofing material used in existing
15 structures.
16 (b) R>JLEAIMUNG.—Not later than 1 year after the
17 date of the enactment of this Act, the Under Secretary
18 shall publish in the Federal Register a final rule that in -
19 eludes a definition of the term "local ordinance, standard,
20 or code that requires the retrofit of existing construction
21 that provides for increased protection for the municipality
22 from the threat of wildfire" as used in subsection (a)(2).
23 (c) FIRE AL-, NAGEME'NT As,91ST NCE GlbXN r PRO -
24 oa,,Am Dh.F IN EI D.—In this section, the term "Fire Manage -
25 merit Assistance Grant Program" means the fire inanage-
26 meat assistance grant program carried out pursuant to
•S 762 IS
r
•S 762 IS
6
1
section 420 of the Robert T. Stafford Disaster Relief and
2
En)ergenCy Assistance Act (42 U.S.C. 5187).
3
SEC. 4. GRANTS FOR RESPONSIBLE DEVELOPMENT.
4
(a) IN GENERYkL.—Subject to the availability of
5
funds for this purpose, the Under Secretary shall award
6
grants to municipalities at risk -
7
(1) to encourage responsible development iu
8
such municipalities;
9
(2) to mitigate the catastrophic effects of fires;
10
and
11
(3) to encourage the retrofit of existing wildfire -
12
prone structures.
13
(b) USE OF FLNi)s.—Grairts awarded under this sec -
14
tion may be used as follows:
15
(1) To enforce requirements related to haz-
16
ardous fuel reduction or brush clearing requirements
17
on private land.
18
(2) To enforce requirements related to residen-
19
tial construction or the code -inspection of new and
20
existing construction with respect to Nvildland fire.
21
(3) To award subgrants to be used for the re -
22
placement of combustible roofs with roofs made of
23
non-combustible roofing material, or for enclosing
24
eaves according to the standards recommended.
•S 762 IS
7
1 (4) To carry out programs to educate eommu-
2 pity planners and zoning officials on historic 'Wildfire
3 patterns and fire-resistant community planning.
4 (c) MAXIMUM GRANT J1ni0UN-r.—The amount of a
5 grant awarded nmler this section may not exceed
6 $1,000,000.
7 (d) APPLICATIONS. -
8 (1) IN GENERAL.—An application for a grant
9 under this section shall be made at such time and
10 in such manner as the Under Secretary shall re -
11 quire.
12 (2) MATCH1N`G REQUIREMENT. -
13 (A) IN GENERAL.—Subject to subpara-
14 graph (B), the Under Secretary shall require
15 that a person aNvarded a grant under this sec -
16 tion for a purpose described in subsection (a)
17 provide non -Federal funds in an amount equal
18 to 25 percent of the amount of such grant for
19 such purpose.
20 (B) Wmvir.,m—The Under Secretary may
21 waive the requirement of subparagraph (A) in
22 extraordinary circumstances.
23 (3) REVU]NNT.—Applications for grants ander
24 this section shall be reAcived by a panel of individ-
25 uals who—
•S 762 IS
S
1 (A)(i) are fire protection experts; or
2 (ii) have significant expertise in fire man -
3 agement, fire policy, community planning, or
4 issues related to a, fire hazard area; and
5 (B) are appointed by the Under Secretary.
6 (4) P111ORITY.—The panel under paragraph (3)
7 shall give priority to the application for a grant
8 under this section of a municipality at risk that has
9 adopted ari ordinance that requires the mandatory
10 replacement of combustible roofing materials on ex -
11 isting structures.
12 (e) AVAILABILITY OF FUNDS.—A grant awarded
13 under this section shall be expended not later than 3 years
14 after the date the grant is awarded.
15 (f) AWITIORIZATION OF API'I1oPlUATIONS.—There is
16 authorized to be appropriated to carry out this section
17 $25,000,000 for fiscal year 2009 and each fiscal year
18 thereafter.
19 SEC. 5. FOREST SERVICE AND DEPARTMENT OF THE INTE-
20 RIOR GRANTS.
21 Section 10A of the Cooperative Forestry Assistance
22 Act of 1978 (16 U.S.C. 2106c) is amended -
23 (1) in subsection (a)-
24 (A) in the matter preceding paragraph
25 0 )—
•S 762 IS
1
(i) by inserting "and the Secretary of
2
the Interior" after "The Secretary"; and
3
(ii) by striking "State foresters and
'04
equivalent State officials" and inserting
5
"State foresters, equivalent State officials,
6
and local officials";
7
(13) in paragraph (3)-
8
(i) by striking "trees and forests" and
9
inserting "trees, forests, and rangelands";
10
and
11
(ii) by inserting "and rangeland"
12
after "overall forest"; and
13
(C) in paragraph (4)-
14
(i) by inserting "and rangeland" after
15
"all forest"; and
16
(ii) by inserting "and other vegeta-
17
tion" after "forest cover";
18
(2) nl Subsection (b)-
19
(A) in paragraph (1)-
20
(i) in subparagraph (C), by striking
21
"and" at the end;
22
(ii) in subparagraph (D), by striking
23
"wildfires." and inserting "wildfires; and";
24
incl
•S 762 IS
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
10
(iii) by adding at the end the fol-
lowing new subparagraph:
"(E) to enhance the capacity of local gov-
ernments to integrate fire-resistant community
and home design into local planning, zoning,
building codes, property maintenance codes,
and brush clearing ordinances.";
(B) by amending paragraph (2) to read as
follows:
"(2) ADMINISTRATION AND IMPLEMENTA-
TION.—The Program shall be—
"(A) administered by the Chief of the For-
est Service and the Secretary of the Interior;
•S 762 IS
and
"(B) imlflemented throtion-h State foresters
or eclnivalent State officials.
(C) in paragraph (3)—
(i) in the matter preceding subpara-
graph (A), by striking "Secretary," and in-
serting "Secretary and the Secretary of the
Interior"',.
(ii) by redesignating subparagraphs
(F), (G), and (II) as subparagraphs (G),
(H), and (I), respectively; and
11
1 (iii) by inserting after subparagraph
2 (E) the following:
3 "(F) programs to build the capacity of
4 local governments to design and rnaintain fire -
5 resistant communities;";
6 (D) in paragraph (4), by inserting "or the
7 Secretary of the Interior" after "by the Sec -
8 rotary"; and
9 (E) in paragraph (5), by inserting "and
10 the Secretary of the Interior" after "The See-
11 rotary"
12 (3) by redesignating subsections (e) and (d) as
13 subsections (d) and (e), respectively;
14 (4) by inserting after subsection (b), the fol -
15 lowing new subsection (c):
16 "(C) PILOT PROGRAM POR FIRE SAFE COMMUNITIES
17 To COORDINATE, ACROSS JURISDICTIONAL BOUND -
18 ARIES. -
19 —The Sect•etary and the Sec -
20 retary of the Interior may carry out a pilot program
21 to assess the feasibility and advisability of awarding
22 grants to fire safe communities located near Federal
23 land to assist in Federal efforts to prevent and man -
24 age fires.
•S 762 IS
12
1 "(2) USE' OF GRANT F11Ni)S.—A grant awarded
2 under the pilot prograrrr may be used as follows:
3 "(A) To implement or enforce local ordi-
4 nances consistent with a nationally recognized
5 NN ildland fire code, standard, or ordinance.
6 "(B) To complete cooperative fire agree -
7 meats that articulate the roles and responsibil-
8_ ities for Federal, State, and local government
9 entities in local wildfire suppression and protec-
10 tion.
11 "(C) To develop or implement community
12 wildfire protection plans to better focus re -
13 sources to address priority areas for hazardous
14 fuels reduction prgjects.
15 "(D) To expand education programs to
16 raise the awareness of homeoivner;s and citizens
17 of iNlldland fire protection practices.
18 "(E) To implement training programs for
19 firefighters on wildland firefighting techniques
20 and mitigation strategies.
21 "(F) To acquire equipment to facilitate
22 �Nllildland fire preparedness and mitigation.
23 "(3) M.ATCI-IING' REQUIREAlf ENT. -
24 "(A) IN CIENERAL.-Subject to subpara-
25 graph (B), a person awarded a grant under the
•S 762 IS
13
1 pilot program to assist in I+,ederal efforts to
2 prevent and manage fires shall provide non -
3 Federal funds in an amount equal to 25 percent
4 of the amount of such grant for such purpose.
5 "(13) W.,yIN%ER.—The Secretary, or the Sec -
6 retwy of tyre Interior may waive tyre require -
7 ments of subparagraph (A) in extraordinary cir-
8 cumstances.
9 "(4) FIRE SAFE CO? lITATUNITv DEFINED.—In this
10 subsection, the term `fire safe comnrrunity' has the
11 meaning given that term in section 2 of the I+sire
12 Safe Communities Act of 2009.";
13 (5) in subsection (d), as redesignated by para -
14 graph (3), by inserting "and the Secretary of the In -
15 terror" after "Section, the Secretary"; and
16 (6) in subsection (e), as redesignated by para -
17 graph (3)-
18 (A) in the matter preceding paragraph (1),
19 by striking "to the Secretary";
20 (I3) in paragraph (1), by striking "and" at
21 the end; and
22 (C) by striking paragraph (2) and insert -
23 ing the folloNvIng:
24 "(2) to the Seeretary—
•S 762 rS
1
2
3
4
5
6
7
8
9
•S 762 IS
14
"(A) $35,000,000 for each of fiscal years
2009 through 2013; and
4 (03) such sums as arcnecessary for each
fiscal year thereafter; and
"(3) to the Secretary of the Interior—
"(A) $15,000,000 for each of fiscal years
2009 through 2013; and
"(I3) such sums as are necessary for each
fiscal year thereafter.".
O
N
AUTHENTICATED
UI GOVERNMENT
INFORMATION
GPO
II
1I 1TI-I CONGRESS S*763
IST SESSION
To amend the Robert T. Stafford Disaster Relief and Emergency Assistance
Act, to authorize temporary mortgage and rental payments.
IN THE SENATE OF THE UNITED STATES
ApiuL 1, 2009
Mrs. FEINSTEIN introduced the following bill; which was read twice and
referred to the Committee on Homeland Security and Governmental Affairs
A BILL
To amend the Robert T. Stafford Disaster Relief and Emer-
gency Assistance Act, to authorize temporary mortgage
and rental payments.
1 Be it enacted, by the Senate and I -louse of Representa-
2 tives of the United States Congress assembled,
3 SECTION 1. SHORT TITLE.
4 This Act may be cited as the "Mortgage and Rental
5 Disaster Relief Act of 2009".
6 SEC. 2. DISASTER RELIEF.
7 Section 408(c) of the Robert T. Stafford Disaster Re -
8 lief and Emergency Assistance Act (42 U.S.G. 5174(c))
9 is amended by adding at the end the folloiving:
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
2
"(5) TEMPORARY MORTGAGE AND RENTAL PAY-
MENTS.-
•S 763 IS
"(A) DEFINITIONS.—In this paragraph—
"(i) the term `adjusted gross income'
means the adjusted gross income (as that
term is defined in section 62 of the Inter-
nal Revenue Code of 1986) of the relevant
individual or household for the last taxable
year that such individual or household filed
a tax return; "Ind
"(ii) the term `financial hardship
caused by a major disaster' means that an
individual or member of a household—
"(I) is employed by a, business, or
owns a business, located in the area
for which the President declared the
relevant Major disaster;
"(II) became unemployed, or lost
significant income, because the em-
ployer or business of that individual
or niember of a household has or, on
the day before the date of the relevant
major disaster, had a significant busi-
ness relationship with a business lo-
cated in the area for which the Presi-
3
1
dent declared the relevant major dis-
2
aster; or
3
"(III) resides in the area for
4
Which the President declared the rel -
5
evant major disaster and has suffered
6
financially due to travel restrictions or
7
station or road closures in effect after
8
the date of that major disaster.
9
"(13) AUTHORIZATION.—In accordance
10
with this paragraph, the President may provide
11
assistance on a temporary basis in the form of
12
mortgage or rental payments to or on behalf of
13
individuals and households who, as a result of
14
financial hardship caused by a major disaster,
15
have received written notice of dispossession or
16
eviction from a residence by reason of a fore -
17
closure of any mortgage or lien, cancellation of
18
any contract of sale, or termination of any
19
lease, entered into before srrch major disaster.
20
"(C) EI,IGIIII L nT .-
21
"(i) INCOME'.—
22
"(I) IN GENERM,.—Except as
23
provided in subclause (II), an indi-
24
vidual or household may receive as -
25
sistance miler this paragraph if the
•S 763 IS
n
I
adjusted gross income of that indi-
2
vidual or household was not more
3
than $75,000.
4
"(II) AREAS '"ITII A IIIGII COST
5
OF LINING.—An individual or house -
6
hold that, on the day before the date
7
of the relevant major disaster, resided
8
in an' area with a high cost of living,
9
as determined by the President, may
10
receive assistance under this para -
11
graph if the adjusted gross income of
12
that individual or household was not
13
more than $100,000.
14
"(ii) ADJUSTmIENT.—The President
15
shall adjust the limits established under
16
clause (i) annually to reflect inflation.
17
"(D) PERIOD 014, ASSISTANCE.—Assistance
18
under this paragraph shall be provided for the
19
duration of the period of financial hardship
20
caused by a major disaster, not to exceed 18
21
months.
22
"(E) PiwiI.mum,S.
23,
"(i) IN GENEm1L.—An individual or
24
household seeking assistance under this
25
paragraph shall submit an application in
•S 763 -IS
5
I such manner and accompanied by such in -
2 formation as the President shall establish,
3 which shall include a requirement that
4 such an individual or household sign a
5 statement indicating that individual or
6 household meets the eligibility require -
7 relents under subparagraph (C).
8 "(ii) LACK OF RECORDS.—If an indi-
9 vidual or household does not have access to
10 records necessary to demonstrate eligibility
11 under subparagraph (C), that individual or
,12 household shall submit such records not
13 later than 6 months after the date that in -
14 dividual or household applies for assistance
15 under this paragraph.
16 "(iii) INELIGHBLE RECIPIENTS.—If an
17 individual or household receives assistance
18 under this paragraph and was not eligible
19 to receive such assistance, that individual
20 or household shall return the full amount
21 of that assistance to the Government.".
22 SEC. 3. APPLICABILITY.
23 The amendment made by this Act shall apply to any
24 major disaster (as that term is defined in section 102 of
25 the Robert T. Stafford Disaster Relief and Emergency As -
•S 763 IS
I
1 sistance Act (42 U.S.C. 5122)) declared on or after Octo-
2 ber 21, 2007.
m
•S 763 IS
AVTHENTICATED
UI GOVERNMENT
INFORMATION
cr'o
11
1 1 1'rl-I CONGRESS Se764
1 ST SESSION
To amend the Robert T. Stafford Disaster Relief and Emergency Assistance
Act, to increase the maximum amount of assistance to individuals and
households.
IN TIIE SENATE OF TIIE UNITED STATES
Ai'HIi. 1, 2009
,Mrs introduced the following hill; which was read twice and
referred to the Committee on Homeland Security and Governmental Affairs
A BILL
To amend the Robert T. Stafford Disaster Relief and Erner-
gency Assistance Act, to increase the maximtun amount
of assistance to individuals and households.
1 Be it enacted by the Senate and house of Representa-
2 Lives of the United States of America in Congress assembled,
3 SECTION 1. SHORT TITLE.
4 This Act may be cited as the "Disaster Rebuilding
5 Assistance Act of 2009".
6 SEC. 2. DISASTER RELIEF.
7 (a) GE1',1E1-LkL.—Section 408 of the Robert T.
8 Stafford Disaster Relief and Emergency Assistance Act
9 (42 U.S.C. 5174) is amended—
2
1 (1) in subsection (h) (1)-
2 (A) by striking "$25,000" and inserting
3 "$50,000"; and
4 (B) by inserting before the period at the
5 end the folloiving: ", except that the President
6 may increase the amount of financial assistance
7 that may be received under this section for an
8 individual or household residing in a State with
9 a high cost of living (as determined by the
10 President)"; and
11 (2) by adding at the end the folloiving:
12 "(k) ELIGIBILrPY.—An individual or household may
13 not receive assistance under this section if the adjusted
14 gross income of that individual or household Naas more
15 than $100,000 during the most recent taxable year before
16 the date of the applicable major disaster.".
17 (b) EFFECTrvE, DATE'.—The amendments made by
18 this Act shall apply to any major disaster (as that term
19 is defined in section 102 of the Robert T. Stafford Dis-
20 aster Relief and Emergency Assistance Act (42 U.S.C.
21 5122)) declared on or after October 21, 2007.
M
•S 764 IS
AUTHENTICATED
I
UNFONMATIOOV TIO NT
N
GF()
11
I I I rI.I Coi\TGREss 5.116
I s,r SESSION
To require the Seereta►;g of the Treasu►y to allocate $10,000,000,000 of
Troubled Asset Relief Program funds to local governments that have
suffered significant losses due to highly -rated investments in failed finan-
cial institutions.
IN TIIE SENATE OF THEUNITED STATES
JANUARY 6, 2009
Mrs. FI.IySTF3IN introduced the following hill, which was read twice and
referred to the Committee on Banking, I-Iousung, and Urban Affairs
A BILL
To require the Secretary of the Treasury to allocate
$10,000,000,000 of Troubled Asset Relief Program
fiords to local governments that have suffered significant
losses due to highly -rated investments in failed financial
institutions.
1 Be it enacted by the Senate ai'td House gf' Representa-
2 tines of'the Ugtited States gf'Anterica in Congress assembled,
3 SECTION 1. SHORT TITLE.
4 This Act may be cited as the "TARP Assistance for
5 Local Governments Act of 2009". ;
L
IJ
1 SEC. 2. ASSISTANCE TO LOCAL GOVERNMENTS.
2 Section 101(a) of the Ennergency Economic Stabiliza-
3 tion Act of 2008 (12 U.S.C. 5211(a)) is amended by add -
4 ing at the end the folloiving:
5
"(4) ASSIS'T'ANCE TO LOCAL GOVERNMENTS. -
6
"(A) PURCIL�SE AUTHORITY. -The See -
7
rctmy shall use $10,000,000,000 of finds made
8
available for the TARP to assist public instru-
9
mentalities, such as counties and cities, that
10
have suffered significant increased costs oi-
r11
1 I
losses due to investments Nvrith failed financial
12
institutions, as described in subparagraph (13).
13
"(B) 1JI1'IITh�D 'h0 III(xIILY KA'mT) INv7h,ST-
14
ENTS.-Assistanee tinder this paragraph shall
15
be limited to public instrumentalities that have
16
suffered due to investments that the Secretary
17
determines were highly rated in any failed fi-
18
nancial institution, whether or not the financial
19
institution is assisted under this Act.".
O
•S 116 IS
AUTHENTICATED
UI GOVERNMENT
INFORMATION
C:FO
11
1 I li'rrI CONGRESS H. R. 467
IST SESSION
To put State and local governments and other public entity or instrumentality
established under State law in the same position they would have been
in had the Secretary of the Treasury and the Board of Governors
of the Federal Reserve System provided emergency financial assistance
to Lehman Brothers Holdings Lrc. by requiring the Seeretary of the
Treasury to purchase bonds issued by such financial institution, and
for other purposes
IN THE IIOUSE OIC, REPRESENTAT ES
JANUARY 13, 2009
Ms. SPPIER (for herself and Ms. ESHOO) introduced the following bill; which
was referred to the Committee on Financial Services
A BILL
To put State and local governments and other public entity
or instrumentality established under Statc law in the
same position they would have been in had the Secretary
of the Treasury and the Board of Governors of the
Federal Reserve System provided emergency financial as-
sistance to Lehman Brothers IIoldings Inc. by requiring
the Secretary of the Treasury to purchase bonds issued
by such financial institution, and for other purposes.
1 Be it enacted by the Senate and Ilouse gf'Representa-
2 tines gf th,e United States gf'Am,erica m Congress assembled,
I SECTION 1. SHORT TITLE.
2 This Act may be cited as the "Equitable Treatment
3 of State and Local Governments Act of 2009".
4 SEC. 2. PURCHASE OF CERTAIN BONDS AND OTHER DEBT
5 INSTRUMENTS FROM STATE AND LOCAL GOV-
6 ERNMENTS AND CERTAIN OTHER PUBLIC EN -
7 TITIES AND INSTRUMENTALITIES REQUIRED.
8 Section 101 of the Emergency Econorriic Stabilization
9 Act of 2008 (12 U.S.C. 5211) is amended by adding at
10 the end the following new subsection:
I1 "(f) AcQuISITrON OF LEITMAN BROTHERS BONDS. -
12 "(1) IN GENET. 1L.—NoWrithstanding any other
13 provision of law, the Secretary shall purchase at face
14 Value, under subsection (a), bonds and other debt in -
15 struments issued by Lehman Brothers Holdings Inc.
16 which -
17 "(A) were held as of September 15, 2008,
18 by any State government, any political subdivi-
r
19 sion of any State, or other public entity or in -
20 strurnentality established under State Taw
21 (whether such bonds or other debt instruments
22 are held individually or pooled),-
23
ooled);23 "(B) have been held by such State, polit-
24 ical subdivision, or other public entity or instru-
25 mentality continuously since such (late; and
-HR 467 rH
3
1 "(C) are subject to the proceedings under
2 title 11, United States Code, pursuant to the
3 petition filed on September 15, 2008, by Leh -
4 man Brothers IIoldings Inc.
5 "(2) Smis,rvnJ,rro.,\, OF SECRETARY.—NotiNrith-
6 standing an,), other provision of this title, the See -
7 rotary shall be substituted for any State government,
8 any political subdivision of any State, or other public
9 entity or instrumentality established under State law
10 from which it purchases any bond or other instr•u-
11 meat pursuant to paragraph (1) as a creditor in an,)'
12 proceeding under title 11, United States Code, pur-
13 scant to the petition filed on September 15, 2008,
14 by Lehman Brothers IIoldings Inc., and shall have
15 the same standing in such proceedings «rith respect
16 to other creditors as the governrrient or subdi-6sion
17 for wh1ch the Secretary is substituted.".
O
-HR 467 IH
AMENDED IN ASSEMBLY MAY 28, 2009
AMENDED IN ASSEMBLY MAY 6, 2009
CALIFORNIA LEGISLATURE -2009-10 REGULAR SESSION
ASSEMBLY BILL No. 761
Introduced by Assembly Member Charles Calderon
February 26, 2009
An act to add Section 798.47 to the Civil Code, relating to
mobllehomes.
LEGISLATIVE COUNSEL'S DIGEST
AB 761, as amended, Charles Calderon. Mobilehomes: rent control.
The mobilehome fesideney law Mobilehome Residency Law generally
regulates the terms and conditions of mobilehome tenancies in
mobilehome parks. Existing law permits rent control in mobilehome
parks. Existing law exempts certain rental agreements relating to
mobilehomes from any local measure establishing the maximum amount
that a landlord may charge a tenant for rent.
This bill would provide, in addition, that upon the sale, assignment,
transfer, or termination of an interest In a mobilehome or a mobilehome
tenancy in a mobilehome park, the management of the park may offer
a new rental agreement containing an initial rent that is the lesser of an
amount in excess of the maximum rent established by a local measure
by specified percentages, which would increase ever the next 5 years
beginning January 1, 2011, up to 100% of the last -charged rent, or
market levels, as specified. The bill would except certain mobilehome
parks from its provisions, including those that have common facilities
that have been cited as health and safety risks that remain unabated for
6 months or longer The bill would provide that, after an increase In
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initial
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initial rent, the rent should be governed by the local measure. The bill
would specify that it does not apply to rental rate adjustments provided
under a local rent control ordinance that are in excess of what the bill's
provisions would permit, or that are not subject to a local rent control
ordinance.
Vote: majority. Appropriation: no. Fiscal committee: no.
State -mandated local program. no.
The people of the State of California do enact as follows:
1 SECTION 1. Section 798 47 is added to the Civil Code, to
2 read.
3 798.47. (a) Notwithstanding any contrary provision of law,
4 upon the sale, assignment, transfer, or termination of an interest
5 in a mobilehome or a mobilehome tenancy in a mobilehome park,
6 the management of the park may offer a new rental agreement
7 containing an initial rent in excess of the maximum rent established
8 by an ordinance, rule, regulation, or initiative measure adopted by
9 a city, county, or city and county as specified in subdivision (c).
10 (b) This section shall not apply to either of the following -
1 1 (1) A change in ownership or tenancy due to the death of a
12 mobilehome owner or tenant when the spouse of the deceased
13 homeowner or tenant becomes the sole owner or tenant.
14 (2) An assignment of any existing lease that specifies the amount
15 of rent applicable to the assignee upon a transfer of the interest in
16 the mobilehome.
17 (3) A park that contains common facilities or improvements
18 that constitute an unreasonable risk to life, health, or safety for
19 which a citation has been issued by the appropriate governmental
20 agency that remains unabated for six months or longer preceding
21 the vacancy.
22 (e) Notv�ith standing any othet: pt:ovisioft of la"-, a mobilehome
23
24 tenaney as f6llows!
25 , the initial rental rate may, be
26 inereased by up to 20 pettent of the last ehairged fent-.
27 , the initial rental fate may b -c
28 inef eased by up to 40 pefeent of the last ehafged rent-.
29 , the inittal rental rate may b -e
30 inereased by ttp to 60 pereent of the last ehafged rent-.
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(4) Beginning januat=y 1, 2043, the ittitial rental rate may be
inereased by tip to 80 pefeent of the last ehafged rent-.
(5) Beginning janttafy 1, 2014, the tnitial rental rate may bee
(c) Notwithstanding any ordinance, rule, regulation, or initiative
measure adopted by a city, county, or city and county which
establishes a maximum amount that may be charged for rent,
beginning January 1, 2011, a mobilehome park owner may
establish the initial rental rates for a mobilehome tenancy in
accordance with the lesser of either of the following
(1) Market levels, as defined in an appraisal conducted in
accordance with nationally recognized professional appraisal
standards.
(2) The amount specified in subparagraphs (A) to (G), inclusive.
(A) Beginning January 1, 2011, the initial rental rate may be
increased by up to 14 285 percent of the last -charged rent
(B) Beginning January 1, 2012, the initial rental rate may be
increased by up to 28.57 percent of the last -charged rent.
(C) Beginning January 1, 2013, the initial rental rate may be
increased by up to 42.85 percent of the last -charged rent
(D) Beginning January 1, 2014, the initial rental rate may be
increased by up to 57.14 percent of the last -charged rent.
(E) Beginning January 1, 2015, the initial rental rate may be
increased by up to 71 425 percent of the last -charged rent
(F) Beginning January 1, 2016, the initial rental rate may be
increased by up to 85 71 percent of the last -charged rent
(G) Beginning January 1, 2017, and thereafter, the initial rental
rate may be increased by up to 100 percent of the last -charged
rent.
(d) No rent adjustment as provided in subdivision (c) shall
exceed market levels, as defined to an appraisal conducted in
accordance with nationally recognized professional appraisal
standards.
(e) After an increase in the initial rental rate as permitted in
subdivision (c), rent shall be subject to any ordinance, rule,
regulation, or initiative measure adopted by any local governmental
entity which establishes a maximum amount that a landlord may
charge a tenant for rent for the term of that tenancy.
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AB 761
1 (e) This seetion does not apply to rental fate adjustments gfeate
2 than those pfovided in stibdivtsion (e) if authorized pttrsttant to
3 , or initiative mettsure ttdopted by
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6 The restrictions of this section do not apply to an assignment
7 of a rental agreement entered into pursuant to Section 798 17,
8 798.21, or 798.45, or Section 66427.5 of the Government Code,
9 or the sale or other transfer of a mobilehome in a mobzlehome
10 park which is not subject to, or which is subject to adjustments
11 greater than those provided in subdivision (c) by, an ordinance,
12 rule, regulation, or initiative measure adopted by any local
13 governmental entity that establishes a maximum amount which a
14 landlord may charge a tenant for rent
IQ
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