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AB-1276 Local redistricting.(2019-2020)



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AB1276:v98#DOCUMENT

Amended  IN  Assembly  January 06, 2020

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill
No. 1276


Introduced by Assembly Member Bonta

February 21, 2019


An act relating to a Green New Deal. to amend Sections 21508, 21607, 21621, 21627.1, and 23000 of, and to add Section 21630 to, the Elections Code, relating to elections.


LEGISLATIVE COUNSEL'S DIGEST


AB 1276, as amended, Bonta. Green New Deal. Local redistricting.
The California Constitution authorizes a city to adopt a charter by a majority vote of its electors, and authorizes a charter city to make and enforce all ordinances and regulations in respect to municipal affairs. The California Constitution provides that it shall be competent in a city charter to provide for the manner in which, the method by which, the times at which, and the terms for which municipal officers and employees shall be elected or appointed. Existing law establishes criteria pursuant to which charter cities adjust or adopt council district area boundaries, as applicable, for the purpose of electing members of the city council. These criteria encourage council districts to be geographically contiguous and compact, to respect the geographic integrity of communities of interest, as defined, and to have easily identifiable and understandable boundaries. Existing law authorizes the city council of a charter city to establish an advisory redistricting commission to hold public redistricting hearings.
This bill would provide that these criteria do not apply to a charter city that has adopted comprehensive or exclusive redistricting criteria, as defined, in its city charter. The bill would authorize the city council of a charter city to instead establish an advisory body to hold public redistricting hearings. The bill would clarify that if a council assigns the power to adopt new district boundaries to an advisory, hybrid, or independent redistricting commission, the charter city remains subject to the same redistricting deadlines, requirements, and restrictions that are applicable to the council.
Existing law requires a county board of supervisors to record or prepare a written summary of each public comment and board deliberation made at each public redistricting hearing or workshop and to establish an internet web page dedicated to redistricting that includes links to the audio or audiovisual recording and adopted minutes of each public redistricting hearing.
This bill would clarify that a county board of supervisors is required to include on its redistricting web page links to the recording or written summary of each public redistricting hearing and workshop described above. The bill would also make other technical and conforming changes.

Existing law establishes various environmental and economic policies.

This bill would state the intent of the Legislature to enact legislation to develop and implement a Green New Deal with the objective of reaching specified environmental outcomes within the target window of 10 years from the start of execution of the plan and accomplishing certain social goals.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 21508 of the Elections Code is amended to read:

21508.
 (a) The board shall take steps to encourage residents, including those in underrepresented communities and non-English speaking communities, to participate in the redistricting public review process. A good faith effort satisfies the requirements of this subdivision. These steps shall include the following:
(1) Providing information to media organizations that provide county news coverage, including media organizations that serve language minority communities.
(2) Providing information through good government, civil rights, civic engagement, or community groups or organizations that are active in the county, including those active in language minority communities, or that have requested to be notified concerning county redistricting.
(b) The board shall arrange for the live translation in an applicable language of a public hearing or workshop held pursuant to this chapter if a request for translation is made at least 72 hours before the hearing or workshop, unless less than five days’ notice are provided for the hearing or workshop, in which case the request shall be made at least 48 hours before the hearing or workshop.
(c) Notwithstanding Section 54954.2 of the Government Code, the board shall publish the date, time, and location for any public hearing or workshop on the internet at least five days before the hearing or workshop. However, if there are fewer than 179 days until the county’s next regular election, the board may publish the agenda on the internet for at least three days before the hearing or workshop.
(d) (1) A draft map shall be published on the internet for at least seven days before being adopted as a final map by the board provided that, if there are fewer than 179 days until the county’s next regular election, the draft map may instead be published on the internet for at least three days.
(2) Each draft map prepared by a member of the board or by employees of the county shall be accompanied by information on the total population, citizen voting age population, and racial and ethnic characteristics of the citizen voting age population of each proposed supervisorial district, to the extent the county has that data.
(e) The board shall allow the public to submit testimony or draft maps in writing and electronically.
(f) The county shall either record or prepare a written summary of each public comment and board deliberation made at every public hearing or workshop held pursuant to this article. The county shall make the recording or written summary available to the public within two weeks after the public hearing or workshop.
(g) The board shall establish, and maintain for at least 10 years after the adoption of new supervisorial district boundaries, an internet web page dedicated to redistricting. The web page may be hosted on the county’s existing internet website or another internet website maintained by the county. The web page shall include, or link to, all of the following information:
(1) A general explanation of the redistricting process for the county, in English and applicable languages.
(2) The procedures for a member of the public to testify during a public hearing or to submit written testimony directly to the board, in English and applicable languages.
(3) A calendar of all public hearing and workshop dates. A calendar listing that includes the time and location of the public hearing or workshop meets the notice required by subdivision (c).
(4) The notice and agenda for each public hearing and workshop.
(5) The audio or audiovisual recording and adopted minutes of each public hearing.The recording or written summary of each public hearing and workshop.
(6) Each draft map considered by the board at a public hearing.
(7) The adopted final map of supervisorial district boundaries.
(h) For purposes of this section, “applicable language” means any language in which ballots are required to be provided in the county pursuant to Section 203 of the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10503).
(i) This section does not apply when a county transitions from at-large to district-based elections.
(j) The Secretary of State shall publish on the internet a template explaining the county redistricting process that meets the requirements of paragraphs (1) and (2), inclusive, of subdivision (g). The Secretary of State shall publish the template in all of the languages into which ballots are required to be translated in the state pursuant to Section 203 of the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10503). The template shall be published in a conspicuous location on the Secretary of State’s internet website.

SEC. 2.

 Section 21607 of the Elections Code is amended to read:

21607.
 Before adopting the boundaries of a council district pursuant to Section 21601, 21603, or 21604, 21601 or 21603, or for any other reason, the council shall hold public hearings on the proposal in accordance with Section 21607.1. This section does not apply when a city transitions from at-large to district-based elections.

SEC. 3.

 Section 21621 of the Elections Code is amended to read:

21621.
 (a) Following each federal decennial census, and using that census as a basis, the council shall, by ordinance or resolution, adopt boundaries for all of the council districts of the city so that the council districts shall be substantially equal in population as required by the United States Constitution.
(1) Population equality shall be based on the total population of residents of the city as determined by the census.
(2) Notwithstanding paragraph (1), an incarcerated person, as that term is used in Section 21003, shall not be counted towards a city’s population, except for an incarcerated person whose last known place of residence may be assigned to a census block in the city, if information about the last known place of residence for incarcerated persons is included in the computerized database for redistricting that is developed in accordance with subdivision (b) of Section 8253 of the Government Code, and that database is made publicly available.
(b) The council shall adopt council district boundaries that comply with the United States Constitution, the California Constitution, and the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10301 et seq.).
(c) The council shall adopt district boundaries using the following criteria as set forth in the following order of priority:
(1) To the extent practicable, council districts shall be geographically contiguous. Areas that meet only at the points of adjoining corners are not contiguous. Areas that are separated by water and not connected by a bridge, tunnel, or regular ferry service are not contiguous.
(2) To the extent practicable, the geographic integrity of any local neighborhood or local community of interest shall be respected in a manner that minimizes its division. A “community of interest” is a population that shares common social or economic interests that should be included within a single district for purposes of its effective and fair representation. Communities of interest do not include relationships with political parties, incumbents, or political candidates.
(3) Council district boundaries should be easily identifiable and understandable by residents. To the extent practicable, council districts shall be bounded by natural and artificial barriers, by streets, or by the boundaries of the city.
(4) To the extent practicable, and where it does not conflict with the preceding criteria in this subdivision, council districts shall be drawn to encourage geographical compactness in a manner that nearby areas of population are not bypassed in favor of more distant populations.
(d) The council shall not adopt council district boundaries for the purpose of favoring or discriminating against a political party.
(e) Subdivision (c) does not apply to a charter city that has adopted comprehensive or exclusive redistricting criteria in its city charter. For purposes of this subdivision, “comprehensive or exclusive” means either that the city’s charter excludes consideration of redistricting criteria other that those that are identified in the city charter or that the city’s charter provides two or more traditional criteria for redistricting other than the requirement that districts be equal in population.

SEC. 4.

 Section 21627.1 of the Elections Code is amended to read:

21627.1.
 (a) Before adopting a final map, the council shall hold at least four public hearings at which the public is invited to provide input regarding the composition of one or more council districts.
(1) At least one public hearing shall be held before the council draws a draft map or maps of the proposed council boundaries.
(2) At least two public hearings shall be held after the council has drawn a draft map or maps of the proposed council boundaries.
(b) At least one public hearing or public workshop shall be held on a Saturday, on a Sunday, or after 6 p.m. on a weekday Monday through Friday.
(c) Public hearing buildings shall be accessible to persons with disabilities.
(d) If a public hearing is consolidated with a regular or special meeting of the council that includes other substantive agenda items, the public hearing shall begin at a fixed time regardless of its order on the agenda, except that the council may first conclude any item being discussed or acted upon, including any associated public comment, when that time occurs. The time of the public hearing shall be noticed to the public.
(e) The council may have city staff or a consultant conduct one or more public workshops in lieu of holding one of the public hearings required by paragraph (1) of subdivision (a).
(f) The council may establish an advisory redistricting commission pursuant to Section 23002 body to hold the public hearings required by paragraph (1) of subdivision (a).

SEC. 5.

 Section 21630 is added to the Elections Code, to read:

21630.
 If a charter city council assigns the responsibility to recommend or to adopt new district boundaries to an advisory, hybrid, or independent redistricting commission as defined in Section 23000, the charter city is subject to the redistricting deadlines, requirements, and restrictions that apply to the council under this article. A redistricting commission described in this section may perform the duties required by Sections 21627 and 21628.

SEC. 6.

 Section 23000 of the Elections Code is amended to read:

23000.
 For purposes of this chapter, the following terms have the following meanings:
(a) “Advisory redistricting commission” means a body that recommends to a legislative body placement of the district boundaries for that legislative body.
(b) “Family member” means a spouse, parent, sibling, child, or in-law.
(c) “Hybrid redistricting commission” means a body that recommends to a legislative body two or more maps for the placement of the district boundaries for that legislative body, where the legislative body must adopt one of those maps without modification, except as may be required to comply with state or federal law.
(d) “Independent redistricting commission” means a body, other than a legislative body, that is empowered to adopt the district boundaries of a legislative body.
(e) “Legislative body” means a county board of supervisors, a city council of a general law city, a governing board of a school district, a governing board of a community college district, or an elected governing board of a special district.
(f) “Local jurisdiction” means a county, general law city, school district, community college district, or special district. “Local jurisdiction” does not include a charter city.
(g) “Redistricting” means either districting or redistricting.
(h) “Spouse” means a spouse or registered domestic partner.

SEC. 7.

 This act and Division 21 (commencing with Section 21000) of the Elections Code shall not be construed as limiting the ability of a charter city to create an advisory, hybrid, or independent redistricting commission. The amendment of Section 23000 of, and the addition of Section 21630 to, the Elections Code made by this act do not constitute a change in, but are declaratory of, existing law.
SECTION 1.

(a)It is the intent of the Legislature to enact legislation to develop and implement a Green New Deal with the objective of reaching all of the following environmental outcomes within the target window of 10 years from the start of execution of the plan:

(1)Dramatically expand existing eligible renewable energy resources and deploy new production capacity with the goal of meeting 100 percent of national electrical demand through renewable and carbon free sources.

(2)Building a national, energy-efficient, “smart” grid.

(3)Upgrading every residential and industrial building for state-of-the-art energy efficiency, comfort, and safety.

(4)Eliminating emissions of greenhouse gases from the manufacturing, agricultural, and other industries, including by investing in local-scale agriculture in communities across the country.

(5)Eliminating emissions of greenhouse gases from, and repairing and improving, transportation and other infrastructure, and upgrading water infrastructure to ensure universal access to clean water.

(6)Funding massive investment in the drawdown of greenhouse gases.

(7)Making “green” technology, industry, expertise, products, and services a major export of the United States, with the aim of becoming the undisputed international leader in helping other countries transition to completely greenhouse gas neutral economies and bringing about a global Green New Deal.

(b)The Legislature finds and declares that a national, industrial, economic mobilization of the scope and scale necessary to implement a Green New Deal is a historic opportunity to virtually eliminate poverty in California and to make prosperity, wealth, and economic security available to everyone participating in that transformation. It is the further intent of the Legislature that the future legislation implementing a Green New Deal accomplish the following social goals:

(1)Provide all members of our society, across all regions and communities, the opportunity, training, and education to be full and equal participants in the transition, including through a job guarantee program to ensure a living wage job to every person who wants one.

(2)Diversify local and regional economies, with a particular focus on communities where the fossil fuel industry holds significant control over the labor market, to ensure workers have the necessary tools, opportunities, and economic assistance to succeed during the energy transition.

(3)Require strong enforcement of labor, workplace safety, and wage standards that recognize the rights of workers to organize and unionize free of coercion, intimidation, and harassment, and creation of meaningful, quality, career employment.

(4)Ensure a just transition for all workers, low-income communities, communities of color, indigenous communities, rural and urban communities, and the front-line communities most affected by climate change, pollution, and other environmental harm, including by ensuring that local implementation of the transition is led from the community level, and by prioritizing solutions that end the harms faced by front-line communities from climate change and environmental pollution.

(5)Protect and enforce sovereign rights and land rights of tribal nations.

(6)Mitigate deeply entrenched racial, regional, and gender-based inequalities in income and wealth, including, without limitation, ensuring that federal and other investment will be equitably distributed to historically impoverished, low-income, deindustrialized, or other marginalized communities in such a way that builds wealth and ownership at the community level.

(7)Include additional measures, such as basic income programs, universal health care programs, and any others as the Legislature may deem appropriate to promote economic security, labor market flexibility, and entrepreneurism.

(8)Deeply involve national and local labor unions to take a leadership role in the process of job training and worker deployment.