Joint Sustainability CommitteeJuly 28, 2021

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87TH STATE LEGISLATURE Intergovernmental Relations Office – Brie L. Franco, Officer AUSTIN STATE DELEGATION SENATE Judith Zaffirini Charles Schwertner Donna Campbell Dawn Buckingham Sarah Eckhardt HOUSE Eddie Rodriguez Donna Howard Celia Israel Gina Hinojosa John Bucy III Sheryl Cole Vikki Goodwin James Talarico Erin Zwiener 1 87TH PASSED BILLS: POSITIVE FOR THE CITY APRS Pensions HB 4368 (Rodriguez) Cloud Computing SB 58 (Zaffirini) Effective Sept. 1, 2021 Effective June 3, 2021 Local Health Department Medicaid SB 73 (Miles) Effective Sept. 1, 2021 Save MUNY SB 390 (Eckhardt) Music Incubator SB 609 (Alvarado) Effective May 24, 2021 Effective Sept. 1, 2021 2 87TH PASSED BILLS: NEGATIVE FOR CITY Disaster Rollback Camping Ban SB 1438 HB 1925 (Bettencourt) (Capriglione) Effective June 16, 2021 Effective Sept. 1, 2021 City Police Funding HB 1900 (Goldman) Effective Sept. 1, 2021 Gas Preemption HB 17 (Deshotel) Effective May 18, 2021 Historic Districts SB 1585 (Hughes) Effective Sept. 1, 2021 No Contracts : Firearm Boycott SB 19 (Schwertner) Effective Sept. 1, 2021 Permitless Carry HB 1927 (Schaefer) Effective Sept. 1, 2021 3 87TH BILLS FAILED TO PASS: POSITIVE FOR CITY Super Preemption AE Rates HB 610 (Swanson) SB 566 (Buckingham) Community Advocacy SB 10 (Hall) HB 2775 (Cain) HB 3909 (Harris) Lake Austin Disannexation SB 659 (Buckingham) HB 1653 (Craddick ) West Rim Disannexation HB 2776 (Deshotel) Lost Creek Disannexation SB 1499 (Buckingham) HB 3827 (Wilson) Noise Ordinance Preemption HB 3813 (Harris) Homeless Housing SB 646 & SB 796 (Schwertner) HB 1803 (Wilson) Employment Preemption SB 14 (Creighton) 4 87TH BILLS FAILED TO PASS: POSITIVE FOR CITY Completeness Check HB 4447 (Oliverson) Pandemic Response HB 3 (Burrows) ETJ Regulation HB 1885 (Harris) SB 1667 (Hughes) Confederate Monuments HB 2713 (Hefner) Election “Integrity” SB 7 (Hughes) HB 6 (Cain) 30 day shot clock HB 4121 (Guillen) Building Permit Timeline HB 2590 (Leach) Abortion Logistical Support HB 1173 (Noble) SB 1947 (Springer) SB 650 (Campbell) MOU Deregulation SB 182 (Schwertner) 5 87TH BILLS FAILED TO PASS: NEGATIVE FOR CITY LIHTC 2 Mile Rule HB 1295 (Rodriguez) SB 400 (Zaffirini) CapMetro Parks Lease (Project Connect) HB 3893 (Hinojosa) SB 1838 (Eckhardt) Inclusionary Zoning HB 84 (Hinojosa) Homestead Preservation District Bracket HB 4031 (Rodriguez) Municipal Drainage Fees HB 824 (Bucy) SB 597 (Zaffirini) 6 87TH PASSED BILLS: MADE BETTER FOR CITY Debt Definition HB 1869 (Burrows) Amended Effective Sept. 1, 2021 Senate Amendment to HB 900 (Huberty) (Eviction Protections Preemption) Stripped in Conference Committee Pipeline Preemption / Barton Springs HB 1683 (Landgraf) Fixed by Author in Committee Passed House / No Senate Hearing 7 87TH BILLS: NEUTRAL FOR CITY Omnibus Storm Response SB 3 (Schwertner) Effective June 8, 2021 ERCOT Board & PUC Commission SB 2 (Hancock) Effective June 8, 2021 STR Bills HB 2515 (Shaheen) Left pending in commitee Statewide Broadband HB 5 (Ashby) Effective June 15, 2021 8 87TH PASSED BILLS: SUSTAINABILITY TPWD & TX Water Trust HB 2225 (King, Tracy) SNAP Certification SB 224 (Perry) Effective Sept. 1, 2021 Effective Sept. 1, 2021 No State Contracts: Fossil Fuel Boycott SB 13 (Hughes) Effective June 14, 2021 9 87TH BILLS FAILED TO PASS: SUSTAINABILITY TCEQ Penalties HB 1820 (Zwiener) House Calendar Deadline Gas Preemption HB 1501 (Dean) Point of Order (Zweiner) Office of Environmental Justice HB 1191 (Goodwin) / SB 1294 (Eckhardt) Neither bill received a hearing Greenhouse Gas Regulation Preemption SB 1261 (Birdwell) House Calendar Deadline 10 87TH SPECIAL SESSIONS • Governor can call a special session at any time • First Special Session: July 8th - August 6th • See appendix for items on the call, including Article X funding and election integrity. • Democrats broke quorum to protest elections bills on July 12th • Probable second special session in August to address the same issues • Special session on redistricting & federal COVID funds likely to be in September/October 11 FEDERAL UPDATE: ACCC TESTIMONY • House Subcommittee on National Parks, Forests, and Public Lands Hearing on July 20th • Committee heard about local programs while considering President Biden’s plan to reestablish a national Civilian Conservation Corps (CCC) • Austin Parks and Recreation environmental program coordinator LaJuan Tucker testified about Austin Civilian Conservation Corps • Testimony highlighted how programs such as ACCC can benefit the economy, the environment, and the people we all seek to serve. 12 QUESTIONS? Brie L. Franco Intergovernmental Relations Officer Brie.Franco@austintexas.gov Agenda: https://www.austintexas.gov/edims/document. cfm?id=347683 13 87TH LEGISLATIVE SESSION: APPENDIX • 87th Session Statistics • Winter Storm Bills • Police Funding • Disannexation Bills • Bills Impacting Homelessness Efforts • First Called Special Session: Items on the Call 14 87TH LEGISLATIVE SESSION: STATISTICS • 7,148 bills and joint resolutions filed and reviewed by IGRO • IGRO tracked 2,254 bills and joint resolutions • 3,559 bills were filed in last 10 business days before the bill filing deadline (67%) • 21 vetoes by the governor. 15 87TH WINTER STORM BILLS ERCOT Board & PUC Commission SB 2 (Hancock) Effective June 8, 2021 • Makes changes to the composition of the Energy Reliability Council of Texas (ERCOT) board and the Public Utility Commission Omnibus Storm Response SB 3 (Schwertner) Effective June 8, 2021 • Statewide power outage alert system • Defines critical load industrial customers & critical care residential customers for whom interruption or suspension of electric service could be life threatening • Requires customer disclosure for load shedding processes by electric utilities; • Establishes standards of emergency operations for water facilities 16 87TH POLICE FUNDING City Police Funding HB 1900 (Goldman) Effective September 1, 2021 • Applies only to municipalities over 250,000 • “Defunding municipality” reduces appropriation to police department compared to previous budget. [lower than the larger of previous two years’ budgets until 2023] • Determined by Office of Governor’s Criminal Justice Division (“CJD”). Some exceptions allowed at discretion of CJD • Penalties: • Dis-annexation elections and prohibition on annexations. • Must use lowest property tax rate (generally no-new-revenue rate) for upcoming year • Annual sales tax distribution decreased by amount determined by CJD that State spent to provide law enforcement services to City. • Increase contributions to APRS such that the combined City and member contributions are no less than the combined City and member contributions in FY2021. • AE & AWU rates capped at January 2021 levels unless utilities stop providing any funding to the City through transfers. County Funding SB 23 (Huffman) Applies only to counties over 1 million Effective January 1, 2022 9 other “defunding” bills failed to pass 17 87TH DISANNEXATION BILLS Lake Austin West Rim • SB 659 (Buckingham) / HB 1653 (Craddick ) • Defeated by a Point of Order (Howard) • HB 2776 (Deshotel) • Withdrawn from consideration after a Point of Order (Howard) Lost Creek • SB 1499 (Buckingham) / HB 3827 (Wilson) • Defeated by a Point of Order (Goodwin) Senate Amendment to HB 3476 (ETJ Release) Senate Amendment to HB 1929 (Disannexation & ETJ Release) Stripped in Conference Committee Stripped in Conference Committee 18 87TH BILLS IMPACTING THE HOMELESS Camping Ban HB 1925 (Capriglione) Effective September 1, 2021 • City must submit a plan for approval by TDHCA to designate a property for encampment. Designation of public parks is prohibited. • Offense is a Class C misdemeanor. Officers must make reasonable effort to connect persons to designated encampment and services. • Local entities cannot have policies that prohibit or discourage enforcement of the ban nor can they discourage peace officers or prosecuting attorneys from enforcing the ban. • Policies that encourage diversion or provision of services in lieu of citation or arrest are allowed. • HB 1925 Contingency Rider is NOT included in the final appropriations act. Purchase / Conversion: County Approval • SB 646 (Schwertner) • Vote failed in House Committee • HB 1803 (Wilson) • Procedurally Dead: House Calendar Deadline Purchase / Conversion: Notice • SB 796 (Schwertner) • Vote failed in House Committee 19 87TH 1ST CALLED SPECIAL SESSION: ITEMS ON THE CALL Bail Reform Election Integrity Border Security Social Media “Freedom of Speech” Article X Funding Family Violence Prevention Education Transgender Youth Sports Abortion-Inducing Drugs Thirteenth Check Teacher Retirement System Critical Race Theory Appropriations property-tax relief; foster care, cybersecurity 20 Thank you 21