Archive for the ‘Legislation’ Category

CTA-sponsored legislation would remove one of state’s last required tests for teachers

Monday, February 26th, 2024
First grade teacher Sandra Morales discusses sentences with a student. Credit: Zaidee Stavely / EdSource

State could retain unpopular written literacy test

By Dana Lambert, EdSource.org – republished with permission

Newly proposed legislation sponsored by the California Teachers Association would eliminate all performance assessments teachers are required to pass, including one for literacy that it supported three years ago. The result could leave in place an unpopular written test that the literacy performance assessment was designed to replace.

Senate Bill 1263, authored by state Sen. Josh Newman, D-Fullerton, would do away with the California Teaching Performance Assessment, known as the CalTPA, through which teachers demonstrate their competence via video clips of instruction and written reflections on their practice. 

Eliminating the assessment will increase the number of effective teachers in classrooms, as the state continues to contend with a teacher shortage, said Newman, chairman of the Senate Education Committee.

“One key to improving the educator pipeline is removing barriers that may be dissuading otherwise talented and qualified prospective people from pursuing a career as an educator,” Newman said in a statement to EdSource.

The bill also would do away with a literacy performance assessment of teachers and oversight of literacy instruction in teacher preparation programs mandated by Senate Bill 488, authored by Sen. Susan Rubio, D-West Covina, in 2021.

The literacy performance assessment is scheduled to be piloted in the next few months. It is meant to replace the Reading Instruction Competence Assessment (RICA) set to be scrapped in 2025. 

New law could leave RICA in place

The proposed legislation appears to leave in place a requirement that candidates for a preliminary multiple-subject or education specialist credential pass a reading instruction competence assessment, said David DeGuire, a director at the California Commission on Teacher Credentialing.

“At this time, it is unclear what that assessment would look like, but it could be that the state continues to use the current version of the RICA,” he said.

Newman will present the legislation to the Senate Education Committee in the next few months. Discussions about whether the RICA remains in use are likely to take place during the legislative process.

Rubio recently became aware of the new legislation and had not yet discussed it with Newman.

“For three years, I worked arduously and collaboratively with a broad range of education leaders, including parent groups, teacher associations and other stakeholders to modernize a key component of our educational system that in my 17 years as a classroom teacher and school administrator I saw as counterproductive to our students’ learning,” Rubio said of Senate Bill 488.

Teachers union changes course 

The California Teachers Association, which originally supported Senate Bill 488, now wants all performance assessments, including the literacy performance assessment, eliminated.

“We are all scratching our heads,” said Yolie Flores, of Families in Schools, a Los Angeles-based education advocacy organization. “We were really blindsided by this (legislation), given the momentum around strengthening our teacher prep programs.”

The results of a survey of almost 1,300 CTA members last year convinced the state teachers union to push for the elimination of the CalTPA, said Leslie Littman, vice president of the union. Teachers who took the survey said the test caused stress, took away time that could have been used to collaborate with mentors and for teaching, and did not prepare them to meet the needs of students, she said.

“I think what we were probably not cognizant of at that time, and it really has become very clear of late, is just how much of a burden these assessments have placed on these teacher candidates,” Littman said. 

Teacher candidates would be better served if they were observed over longer periods of time, during student teaching, apprenticeships, residencies and mentorship programs, to determine if they were ready to teach, Littman said. This would also allow a mentor to counsel and support the candidate to ensure they have the required skills.

California joins science of reading movement

California has joined a national effort to change how reading is being taught in schools. States nationwide are rethinking balanced literacy, which has its roots in whole language instruction or teaching children to recognize words by sight, and replacing it with a method that teaches them to decode words by sounding them out, a process known as phonics. 

Smarter Balanced test scores, released last fall, show that only 46.6% of the state’s students who were tested met academic standards in English.

Last week Assemblymember Blanca Rubio, D-Baldwin Park, introduced Assembly Bill 2222, which would mandate that schools use evidence-based reading instruction. California, a “local control” state, currently only encourages school districts to incorporate fundamental reading skills, including phonics, into instruction.

 “It (Newman’s SB 1263) goes against not only the movement, but everything we know from best practices, evidence, research, science, of how we need to equip new teachers and existing teachers, frankly, to teach literacy,” Flores said. “And that we would wipe it away at this very moment where we’re finally getting some traction is just very concerning.”

Lori DePole, co-director of DeCoding Dyslexia California, said the proposed legislation would cut any progress the state has made “off at the knees.” 

Among her concerns is the elimination of the requirement, also authorized by Senate Bill 488, that the California Commission on Teacher Credentialing certify that teacher preparation programs are teaching literacy aligned to state standards and a provision that requires the commission to report to the state Legislature annually on how stakeholders are meeting the requirements of the law.

“It would be going away,” DePole said. “Everyone agreed with SB 488, all the supporters agreed, this was the direction California needed to go to strengthen teacher prep with respect to literacy. And before it can even be fully implemented, we’re going to do a 180 with this legislation. It makes no sense.”

Flores said teachers want to be equipped to teach reading using evidence-based techniques, but many don’t know how.

“We know that reading is the gateway, and if kids can’t read, it’s practically game over, right?” said Flores. “And we are saying with this bill that it doesn’t matter, that we don’t really need to teach and show that teachers know how to teach reading.”

Teacher tests replaced by coursework, degrees

California has been moving away from standardized testing for teacher candidates for several years as the teacher shortage worsened. In July 2021, legislation gave teacher candidates the option to take approved coursework instead of the California Basic Education Skills Test, or CBEST, or the California Subject Examinations for Teachers, or CSET. In January’s tentative budget, Gov. Gavin Newsom proposed eliminating the CBEST and allowing the completion of a bachelor’s degree to satisfy the state’s basic skills requirement.

Littman disagrees with the idea that there will be no accountability for teachers if the legislation passes. “There’s always been, and will continue to be, an evaluation component for all of our teachers in this state,” she said. “It just depends on what your district does and how they implement that. There’s always been a system of accountability for folks.”

Setting aside local control, legislation would mandate how to teach reading in California

Thursday, February 8th, 2024

Pointing to dismal test scores, veteran lawmaker and a coalition of advocacy groups introduce AB 2222

By John Fensterwald, EdSource.org – Republished with permission

A veteran legislator who taught elementary school for 16 years introduced comprehensive early-literacy legislation Wednesday that would impose requirements on reading instruction and add urgency to the state’s patchwork of reading reforms.

Evidence-based practices, collectively known as “the science of reading,” would become the mandated approach to reading instruction for TK-5, if Assembly Bill 2222, authored by Assemblymember Blanca Rubio, D-Baldwin Park, becomes law.

The bill would shift the state’s decade-old policy of encouraging districts to incorporate fundamental reading skills in the early grades, including phonics, to demanding that they do so. This would depart from the state policy of giving school districts discretion to choose curriculums and teaching methods that meet state academic standards.

Between now and 2028, all TK to fifth-grade teachers, literacy coaches and specialists would be required to take a 30-hour-minium course in reading instruction from an approved list.

School districts and charter schools purchasing textbooks would select from approved materials endorsed by the State Board of Education in a new round of textbook adoption.  

The California Commission on Teacher Credentialing would receive money to add several experts for accreditation of teacher preparation programs in the science of reading. The bill would strengthen accountability for those programs that have not taught effective reading strategies, as required under recent state law.

Rubio and the advocacy nonprofits EdVoice,  Decoding Dyslexia CA, and Families in Schools, the bill’s co-sponsors, argue that another generation of California children cannot wait for districts teaching ineffective techniques using inadequate materials to come around.

“California is facing a literacy crisis,” the first sentence of the bill states. “There are far too many children who are not reading on grade level by the end of third grade and who will not complete elementary school with the literacy skills and language development they need to be successful academically in middle school and high school.”

Only 43% of California third graders met the academic standards in the state’s standardized test in 2023. Only 27.2% of Black students, 32% of Hispanic students, and 35% of low-income children were proficient, compared with 57.5% of white, 69% of Asian and 66% of non-low-income students.

“There’s always this delicate balance between local control versus let’s move forward collectively,” said Marshall Tuck, CEO of EdVoice and former candidate for State Superintendent of Public Instruction. “But when we have an issue that the vast majority of lower-income kids, who are disproportionately Black and Latino, are not reading at grade level, it requires urgency to do what we know works as fast as possible.”

Rubio, who recalled being handed coloring books instead of reading lessons in first grade as a non-English-speaking Mexican immigrant, said that data on the effectiveness of the science of reading convinced her to author the bill. However, her own experience as a fourth-grade teacher who previously taught kindergarten and first grade reinforced it. 

“When I have fourth graders that are at first- or second-grade reading, something’s wrong. I can tell you right then and there, if a kid doesn’t know phonics in the fourth grade, we screwed them up somewhere. If they’re not reading in the third grade, they may never recover,” said Rubio, who was first elected to the Assembly in 2016.

A piecemeal approach to literacy changes

The science of reading refers to research from neurology, psychology, and the cognitive and developmental sciences about how children learn to read. In the last decade, 47 states and Washington, D.C., have enacted laws to incorporate elements of the science of reading strategies. Fewer — Mississippi, Connecticut, Tennessee, and Virginia among them — have adopted and funded policies that coordinate multiple key elements: preparing and training teachers, supplying them with aligned instructional materials, testing for learning difficulties like dyslexia and engaging parents.

California is among the 47 states. Within the past three years, Gov. Gavin Newsom and the Legislature enacted discrete pieces of a state policy.

They funded $25 million to the University of California San Francisco to create a screening test for the risk of dyslexia and other learning difficulties; universal screening of K-2 students will begin in 2026-27.

They passed legislation to create a teaching credential for TK-3 that includes new literacy standards grounded in the science of reading; teacher preparation programs must introduce them starting next fall, and teachers will take a performance assessment as part of their new credential.

Newsom included $500 million in the last two state budgets for hiring and training of literacy coaches in the 5% of schools with the most low-income students. The Sacramento and Napa county offices of education, strong advocates of the science of reading, are overseeing the effort.   

At the encouragement of State Board of Education President Linda Darling-Hammond, a professor emerita at the Stanford University School of Education, Newsom included $1 million in the current budget for a “literacy road map,” which will serve as a guide, with online resources, for districts to implement evidence-based reading strategies. Leading that effort are two respected literacy experts, Bonnie Garcia and Nancy Brynelson, whom State Superintendent of Public Instruction Tony Thurmond named the state’s first state literacy co-directors.

Tuck credits the steps taken by the Legislature and Newsom, “who has been an anchor on early education.” But guidelines won’t ensure that students in all districts will receive effective reading instruction —especially high-poverty schools that may be “slower to make adjustments when they’re dealing with so many challenges and so much complexity.”

Megan Potente, co-state director of Decoding Dyslexia CA, points to her 20 years as a teacher, who, as a new teacher frustrated by the ineffectiveness of her reading training, took a course on phonics and fundamental reading skills. “You feel like you’re not good at your job, and you weren’t equipped. And that’s a terrible feeling for new teachers,” she said. “So I went back to school, and I learned what I needed.”

Years later, she became a coach, supporting teachers in districts using balanced literacy that de-emphasizes evidence-based practices. She found it difficult to apply what she knew, she said, “because the curriculum materials didn’t follow the science; the teaching methods didn’t follow the science.”

A piecemeal approach to reading reforms inevitably leads to a game of “whack-a-mole,” former Tennessee Education Commissioner Penny Schwinn, who is credited with implementing successful comprehensive policies in her state during the pandemic, told EdSource.

Newsom did not require nor explicitly encourage districts to use the $20-plus billion they received in federal and state Covid-relief funding on teaching training in the science of reading nor on updating reading texts and materials. Now that the state is heading into a lean budget year, a scarcity of funding, particularly for teacher training, could set back a timeline to implement the bill. Newsom’s proposed budget for 2024-25 includes no significant money for new TK-12 programs.

A spokesperson for the Newsom administration, which usually declines to discuss pending legislation, offered no further comment.

What’s in Assembly Bill 2222

AB 2222 would define evidence-based literacy instruction as “evidence-based explicit and systematic instruction in phonological and phonemic awareness, phonics, vocabulary and oral language development, fluency, comprehension, and writing …  that adheres to the science of reading.” (Phonics are rules that relate letters in words to the sounds of spoken language. A phoneme is the smallest element of a sound within spoken language. Phonemic awareness reflects the ability to understand that words combine multiple phonemes when pronounced.)

The bill sets requirements for three principal elements of literacy instruction:

Teacher training

Starting in March 2026 and no later than June 30, 2028, all teachers in grades TK to 5 must complete an approved professional development and training program satisfactorily. The California Department of Education would appoint one or more county offices of education with expertise in the science of reading and evidence-based literacy instruction to serve as the state literacy expert lead that would select the list of eligible training programs. Districts would have to notify parents if fewer than 90% of the required teachers failed to complete the course. 

Instructional materials

The last state textbook adoption for English language arts and English language development was 2015. The bill would require the State Board of Education to complete the next adoption cycle by Jan. 1, 2026, for TK through eighth grade. The materials would have to adhere to the science of reading. School districts would not be required to replace materials they’re currently using, but they would need a waiver to buy basic instructional materials that aren’t approved.

Textbooks like “Units of Study,” by noted literacy author Lucy Calkins, whose instruction relies on visual cues, including the three-cuing method of reading, would not be eligible for the approved list.

Teacher preparation

The bill would strengthen the accountability requirements of landmark Senate Bill 488, the 2023 law that requires instructing candidates for a TK-5 or elementary credential in evidence-based reading instruction. 

It would require the Commission on Teacher Credentialing to establish a probationary accreditation process for teacher prep programs that aren’t meeting the literacy instruction requirements. Faculty in those programs would have to complete professional development in the science of reading for the program to avoid a loss of accreditation.  

The bill would provide funding for the credentialing commission to hire experts in the science of reading to help with program accreditation. One of the dozen members of the Committee of Accreditation would have to be an expert in the science of reading.  

MTC to seek legislature’s approval to place Bay Area Transportation tax measure on 2026 ballot

Thursday, January 25th, 2024
Photo by MTC.

To generate at least $1 to $2 billion annually; priorities include transit, safer streets and roads, resilience

Commissioners considering a variety of tax options

By John Goodwin & Rebecca Long, Metropolitan Transportation Commission

The Metropolitan Transportation Commission (MTC) on Wednesday, Jan. 24, 2024 voted to pursue legislation in Sacramento this year that would enable Bay Area voters to consider a transportation revenue measure as early as November 2026.

The proposed measure aims to advance a climate-friendly Bay Area transportation system that is safe, accessible and convenient for all. This includes preserving and enhancing public transit service; making transit faster, safer and easier to use; repairing local streets and roads; and improving mobility and access for all people, including pedestrians, bicyclists and scooter and wheelchair users.

The vote was approved unanimously by all members present. There are 21 commissioners with three non-voting members. Oakland Mayor Sheng Tao and San Jose Mayor Matt Mahan who are voting members were both absent during the vote.

State Sen. Scott Wiener of San Francisco earlier this month introduced what is known as a spot bill that will be used as the vehicle for authorizing placement of the proposed measure on a future ballot in each of the nine Bay Area counties. The first opportunity to amend Wiener’s Senate Bill 925 will be in mid-February.

While the Commission has not yet identified a revenue source for the proposed measure, MTC Chair and Napa County Supervisor Alfredo Pedroza noted that he and his colleagues are considering a wide range of options.

“Voters traditionally have supported transportation through bridge tolls or sales taxes. Bridge tolls are not an option in this case and we think it’s smart to look at more than a regional sales tax. We’re proposing a few options so we have enough flexibility and enough time to get it right.”

Tax Options & Projected Revenue

Legislators, and MTC staff and commissioners, will consider several options for generating revenue. These may include a sales tax, an income tax, a payroll tax, a square footage based parcel tax, a Bay Area-specific vehicle registration surcharge with tiered rates based on the value of the vehicle or a regional vehicle-miles traveled charge (VMT) charge subject to prior adoption of a statewide road usage charge not sooner than 2030.  

MTC staff recommend raising at least $1 billion to $2 billion per year for robust investments in safe streets and other capital improvements, to improve and expand transit service, and to help Bay Area transit agencies operate their services. 

Goals of the Regional Transportation Measure

The revenue measure’s core goal is to advance a climate-friendly transportation system in the Bay Area that is safe, accessible and convenient for all. Focus areas include:

  1. Protect and enhance transit service. Ensure that current resources are maintained and used effectively; and enhance service frequency and areas served.
  2. Make transit faster, safer and easier to use. Create a seamless and convenient Bay Area transit system that attracts more riders by improving public safety on transit; implementing the Bay Area Transit Transformation Action Plan; and strengthening regional network management.
  3. Enhance mobility and access for all. Make it safer and more accessible for people of all ages and abilities to get to where they need to go. Preserve and improve mobility for all transportation system users, including people walking, biking and wheeling.

Proposed Expenditure Categories

  1. Transit transformation: sustain, expand and improve transit service for both current and future riders; accelerate customer-focused initiatives from the Bay Area Transit Transformation Action Plan and other service improvements that are high priorities for Bay Area voters and riders; and help fund the transition to zero-emission transit. 
  2. Safe streets: transform local streets and roads to support safety, equity and climate goals, including through pothole repair, investments in bicycle/pedestrian infrastructure, safe routes to transit and other safety enhancements.
  3. Connectivity: fund mobility improvements that close gaps and relieve bottlenecks in the existing transportation network in a climate-neutral way.
  4. Climate resilience: fund planning, design and/or construction work that protects transportation infrastructure and nearby communities from rising sea levels, flooding, wildfires and extreme heat.

Transportation Measure Highlights

This measure reflects feedback from Commissioners, key legislative leaders and other stakeholders, including:

  • Improving transit coordination by strengthening MTC’s role as regional transit network manager;
  • A focus on Bay Area Transit Transformation Action Plan (TAP) action items and other customer facing policies that would benefit from a regional approach, such as ambassadors to assist riders and support a safe atmosphere;
  • Flexibility in the amount of revenue requested, as well as the way that funding could be generated;
  • Flexibility in spending priorities as the region’s needs evolve with time; and
  • The “North Star” vision statement, which includes greenhouse gas emission-reduction tools, such as:
    • A Transportation Demand Management mandate that encourages Bay Area employees to commute to work in ways other than driving to work alone; and 
    • A limitation on how money could be spent on highway-widening projects.

Just as MTC commissioners have proposed a range of tax options, so too have they identified multiple expenditure categories.

“We recognize that we’ll be asking voters to take on a heavy lift,” acknowledged Pedroza. “The big lesson from COVID is the need to transform both our transit network and the way we pay to operate it. But we also need to transform our local streets and roads to fix potholes and make the roads safer for walking and biking. We need to improve connectivity and do it in a way that doesn’t encourage people to drive more. And we need to make our transportation infrastructure more resilient to rising sea levels, flooding, wildfires and extreme heat.”

Measure Vision Statement

The Commissioners also adopted the following Vision Statement for the measure: “The Bay Area needs a world-class, reliable, affordable, efficient and connected transportation network that meets the needs of Bay Area residents, businesses and visitors while also helping combat the climate crisis; a public transit network that offers safe, clean, frequent, accessible, easy-to-navigate and reliable service, getting transit riders where they want and need to go safely, affordably, quickly and seamlessly; local roads are well maintained; and transit, biking, walking and wheeling are safe, convenient and competitive alternatives to driving; enhancing access to opportunity, lowering greenhouse gas emissions, strengthening the region’s economy and improving quality of life.”

To learn more about the proposed tax measure click, here. To read the supporting documents considered by the Commissioners click, here.

MTC is the transportation planning, financing and coordinating agency for the nine-county San Francisco Bay Area.

Allen D. Payton contributed to this report.

California is not East Berlin. A wealth tax in the Golden State would expedite the exodus

Wednesday, January 24th, 2024

By Jon Coupal

Note: This column first appeared in The Press-Enterprise. Republished with permission.

Daily news reports on the great “California Exodus” are not just from conservative outlets. Left-leaning publications such as the Los Angeles Times and San Francisco Chronicle have recently reported on the outmigration of upper-income citizens who, even if not billionaires, still generate a lot of income tax revenue.

Earlier this month the California Legislature held a hearing on Assembly Bill 259 which would lay the foundation for the imposition of a wealth tax. The companion legislation to AB 259 is a proposed constitutional amendment that would, among other things, effectively sweep away Proposition 13’s limits on taxing property.

Fortunately, the idea that California would be the first in the nation to impose a highly unpopular wealth tax is so radical that the proposal was rejected by Democrats as well as Republicans on the Assembly Revenue and Taxation Committee. It didn’t take long for the Democrat chair of the committee to shuffle the bill to the “suspense” file where bad legislation goes to die.

Coincidentally, the wealth tax hearing occurred on the same day that Gov. Newsom released his proposed budget. Things got a little sparky during the presentation with Newsom pushing hard against the Legislative Analyst’s figure of a $68 billion deficit. Newsom contends that the deficit is “only” $38 billion. (But hey, what’s a $30 billion difference between friends).

Newsom saved his most animated criticism for those who highlight the state’s shortcomings, including the significant outmigration of California’s most productive citizens. He especially targeted the editorial page of the Wall Street Journal, which has never been reticent about commenting on the state’s well-deserved reputation for anti-business bias.

But to his credit, Newsom rejected the notion of a wealth tax – at least for now. For taxpayers, it matters little whether the governor’s stance is motivated by politics or a sincere policy position. Either way, we’ll take it.

The problems with the wealth tax proposal – even as half-baked as it is – are legion. But one issue should be especially troubling to anyone who believes both in fiscal restraint and basic constitutional freedoms. That is, could a wealth tax be applied to people who voluntarily leave the state for the specific purpose of avoiding California’s highest-in-the-nation income taxes? AB 259 contains a provision that applies the wealth tax to every “wealth-tax resident,” defined as someone who “is no longer a resident, and does not have the reasonable expectation to return to the state.”

The question here is not whether a resident of another state can be taxed when they have a “nexus” to California, for example income earned in California or owning property in the state. Rather, what about someone who no longer has any connection to California? The proposal to tax wealth on such people would likely be deemed to violate the U.S. Constitution’s Commerce Clause.

More fundamentally, an “exit tax” could be construed as an impairment to the right to travel. The U.S. Supreme Court affirmed in 1958 in Kent v. Dulles that citizens have a liberty interest in the right to travel: “[t]he right to travel is a part of the ‘liberty’ of which the citizen cannot be deprived without due process of law under the Fifth Amendment …”

Setting aside the practical and legal problems with this or any wealth tax proposal, a fundamental problem is the signal it sends to all productive California taxpayers as well as those in other states who might consider moving here.  California already has a horrible reputation for its treatment of taxpayers and businesses, why would we even consider another punishing tax?

The proponents of the wealth tax need to be reminded that, as much as they might want to prevent citizens from leaving, California is not East Berlin. The U.S. Constitution will not allow the state government to build a wall to keep citizens in, and then shoot tax bills at them when they try to escape.

Jon Coupal is president of the Howard Jarvis Taxpayers Association.

Garamendi introduces bill to address California’s affordable housing crisis

Wednesday, January 24th, 2024

HOME Investment Partnerships Reauthorization and Improvement Act would fund new units throughout state

Rep. John Garamendi. Official photo.

WASHINGTON, DC – Today, Wednesday, Jan. 24, 2024, U.S. Representatives John Garamendi (D-CA08) and Joyce Beatty (D-OH03) reintroduced updated legislation to help address the affordable housing crisis. Their HOME Investment Partnerships Reauthorization and Improvement Act would significantly increase the amount of federal funds available for affordable housing across the country. Companion legislation is being introduced in the U.S. Senate by Senator Catherine Cortez Masto (D-NV).  

“Hardworking Californians face a drastic shortage of affordable housing options,” said Congressman Garamendi. “Minimum wage workers have to work an 88-hour week on average to afford a modest one-bedroom rental at a fair market rate. This legislation reauthorizes the HOME Investment Partnership Program for the first time since 1994 to bring this crucial program into the 21st century and provide states and local governments with the funding to construct and rehabilitate affordable rental housing as well as provide homeownership opportunities for working families. I’m thankful to Senator Cortez Masto for introducing the companion legislation in the Senate, and we will work tirelessly until this legislation becomes law.” 

“Families across Ohio and the United States are facing a daunting affordable housing crisis that demands creative, collaborative solutions,” said Rep. Beatty. “For more than three decades, the HOME program has provided essential gap funding for states and communities across the nation to address their most pressing housing challenges. I am proud to join Senator Cortez Masto and Congressman Garamendi in leading this legislation to authorize ample funding for HOME for the next five years and to make critical improvements to the program that will ensure more American families have access to safe, affordable housing.” 

“We have to do more to address our affordable housing crisis and increase the supply of affordable homes for Nevada families,” said Senator Masto. “The HOME program delivers critical funding to help communities build new housing units, support rental assistance, and support new homebuyers – but it needs to be updated to meet today’s needs. My legislation reauthorizing, improving and expanding this vital program will ensure more Nevadans have a quality, affordable place to call home.” 

The HOME Investment Partnerships Program (HOME) is the largest federal affordable housing block grant and is HUD’s flagship affordable housing production program. Since 1990, HOME has helped state and local housing agencies support a wide variety of housing needs, from financing new construction and home repairs to funding down payment and rental assistance. It also provides additional funding to housing developments financed by the Low-Income Housing Tax Credit, helping the program serve more extremely low-income people including seniors, veterans, those experiencing homelessness, and people with disabilities. Since 1992, the HOME program in California has: 

  • Invested $5.27 billion into housing across the state;
  • Built or preserved 121,727 homes;
  • Given rental assistance to 43,840 families;
  • Supported 277,318 jobs; and
  • Generated $19.2 billion in local income.

The program was last re-authorized in 1994 and needs critical updates to better address today’s housing crisis. Garamendi’s HOME Investment Partnerships Reauthorization and Improvement Act would reauthorize the HOME program and make several much-needed improvements. Specifically, it would: 

  • Authorize $5 billion in HOME funding for fiscal year 2024 and boost the funding for the program by five percent annually through 2028. Garamendi’s legislation would address chronic underfunding of the affordable housing investment program, which received only $1.5 billion in 2023;
  • Improve HOME’s ability to provide downpayment assistance to homebuyers and home repair assistance to homeowners; 
  • Enable HOME funds to support Community Land Trusts and other shared equity homeownership programs; and
  • Increase access to HOME funds for nonprofits and provide state and local governments loan guarantee options that would allow them to leverage their future HOME funds for investments today. 

The legislation is cosponsored by Representatives Suzanne Bonamici (D-OR), Shontel Brown (D-OH), André Carson (D-IN), Emanuel Cleaver (D-MO), Bonnie Watson Coleman (D-NJ), Dwight Evans (D-PA), Sylvia Garcia (D-TX), Glenn Ivey (D-MD), Dan Kildee (D-MI), Annie Kuster (D-NH), Barbara Lee (D-CA), Eleanor Holmes Norton (D-DC), Ilhan Omar (D-MN), Andrea Salinas (D-OR), Emilia Sykes (D-OH), Brad Sherman (D-CA), Dina Titus (D-NV), Rashida Tlaib (D-MI), Nikema Williams (D-GA), and Juan Vargas (D-CA) and Senators Tina Smith (D-MN), John Fetterman (D-PA), and Jacky Rosen (D-NV). It is also supported by the National Council of State Housing Agencies, Council of State Community Development Agencies, Enterprise Community Partners, Institute of Real Estate Management (IREM), Grounded Solutions Network, National Multifamily Housing Council, Local Initiatives Support Corporation, National Association of Local Housing Finance Agencies, National Community Development Association, National Association of Hispanic Real Estate Professionals (NAHREP), National Association of Realtors (NAR), National CAPACD, Habitat for Humanity, National Apartment Association and National Association for Community Economic Development Associations. 

Representative Garamendi has spent his entire career advocating for affordable housing, robust homeowner protections, and rental assistance programs. As California’s first-ever elected Insurance Commissioner, Garamendi successfully implemented Proposition 103, which reformed the homeowner insurance industry and lowered homeownership insurance rates. Last year, Garamendi and Rep. Zoe Lofgren (D-CA) led members of California’s congressional delegation in sending a letter to California Insurance Commissioner Ricardo Lara urging him to use his power under state law to protect homeowners in the face of an insurance crisis. During his congressional tenure, Garamendi worked with Habitat for Humanity to establish a financing mechanism that utilized existing funding to build new veteran housing units. Garamendi originally introduced the HOME Investment Partnership Reauthorization Act in 2020 and has continued to champion the legislation in Congress. He is also a cosponsor of the Affordable Housing Credit Improvement Act, which would support the financing of more affordable housing by expanding and strengthening the Low-Income Housing Tax Credit.  

CA State Controller complains of inability to tax largest portion from L.A. Dodgers pitcher’s contract

Monday, January 8th, 2024
L.A. Dodgers’ pitcher Shohei Ohtani. Source: L.A. Dodgers Instagram

Wants Congress to approve caps on deferred compensation

SACRAMENTO — State Controller Malia M. Cohen released the following statement following last month’s announcement that the L.A. Dodgers signed a 10-year, $700 million contract with pitcher Shohei Ohtani. The contract is structured so that Ohtani will receive $2 million per year and defer the balance approximately 10 years, when he could potentially return to Japan and escape payment of California state income taxes on the deferred amount:

“The current tax system allows for unlimited deferrals for those fortunate enough to be in the highest tax brackets, creating a significant imbalance in the tax structure.” said Cohen. “The absence of reasonable caps on deferral for the wealthiest individuals exacerbates income inequality and hinders the fair distribution of taxes. I would urge Congress to take immediate and decisive action to rectify this imbalance.”

“Introducing limits on deductions and exemptions for high-income earners promotes social responsibility and contributes to a tax system that is just and beneficial for all. This action would not only create a more equitable tax system, but also generate additional revenue that can be directed towards addressing pressing important social issues and fostering economic stability,” Cohen stated.

About Controller Cohen

As the chief fiscal officer of California, Controller Cohen is responsible for accountability and disbursement of the state’s financial resources. The Controller has independent auditing authority over government agencies that spend state funds. She is a member of numerous financing authorities, and fiscal and financial oversight entities including the Franchise Tax Board. She also serves on the boards for the nation’s two largest public pension funds. Follow the Controller on X at @CAController and on Facebook.

CA Attorney General issues Race-Blind Charging Guidelines for prosecutors

Thursday, January 4th, 2024

Two-step process redacts identifying information as required by new state law

OAKLAND – California Attorney General Rob Bonta released Race-Blind Charging Guidelines that address the specific statutory requirements listed in Assembly Bill 2778 (D-McCarty) and Penal Code Section 741, as well as provide prosecutors practical guidance as to how to implement the requirements. The guidelines outline a new two-step process for evaluating charging, including how to redact identifying information, how to document charging decisions, when a crime is excluded from this process, and the requirements to collect and make available for research anonymous data. The guidelines are intended to help reduce the potential for unconscious bias to influence the initial charging decision in legal cases, in accordance with the spirit, law, and goals of PC 741.

“Unconscious bias has no place in the criminal justice system and should not play a role in charging,” Bonta said. “Unfortunately, we know the criminal justice system is not infallible and charging decisions are vulnerable to unconscious bias. This is a reality we cannot ignore and must work to correct. These guidelines will help prosecutors perform their duties in accordance with California law and most importantly, help promote a more fair and equitable charging process for all individuals.”

Studies have shown that unconscious bias may infect decisions within the criminal justice system, despite the best intentions of the parties involved. The guidelines will assist all California prosecution agencies in implementing this new process by January 1, 2025. It includes nine critical components to reduce unconscious bias:

  1. Redaction of Cases Received from Law Enforcement Agencies and Suspects Criminal History Documentation: Prosecution agencies are required to review initial charging decisions based on information, including police reports and suspect criminal history documentation, from which all direct means of identifying the race of suspect(s), victim(s), and witness(es) race is removed.
  2. Race-Blind Initial Charging: Prosecution agencies are required to follow a two-step process for charging cases: a “race-blind initial charging evaluation” based on redacted reports and then an “ordinary charging evaluation” based on the unredacted reports and all available evidence. The initial charge evaluation is intended to perform a gate-keeping and recording function prior to the actual charging process. It contemplates an initial evaluation on whether to file any charges, without specifying what charges might be filed. The more thorough second review will be used to determine individual charges or decide charges with certainty. 
  3. Redaction Process for Initial Charging Evaluation: Each prosecution agency must create a redaction process for the materials used in the initial charging evaluation. It must be performed by personnel not association with evaluating or charging the case and may either be done manually or through automation as long as the process ensures correct redaction.
  4. Use of Artificial Intelligence (AI) Tools for Redaction: If an AI system is used, it must be validated before implementation that appropriate safeguards are in place to prevent unauthorized access to sensitive information.
  5. Second Review for Charging: After completion of the race-blind initial charging evaluations, the case shall proceed to a second, complete review for charging. This would include a review of unredacted reports and all available evidence, which may include additional materials, such as video footage, photographs, and complete witness statements, that reveals race but must be reviewed to assess whether the requisite elements have been met to warrant the filing of criminal charges. This is the “ordinary charging evaluation” and must be performed by the same prosecutors who performed the initial charging review.
  6. Documentation of Charging Decision: Prosecution agencies are required to follow a two-step process for charging cases: a “race-blind initial charging evaluation” based on redacted reports and then an “ordinary charging evaluation” based on the unredacted reports and all available evidence. The initial charge evaluation is intended to perform a gate-keeping and recording function prior to the actual charging process. It contemplates an initial evaluation on whether to file any charges, without specifying what charges might be filled. The more thorough second review will be used to determine individual charges or decide charges with certainty. 
  7. Inability to Conduct Race-Blind Initial Charging Evaluation: If a prosecution agency was unable to put a case through a race-blind initial charging evaluation, the reason for that inability must be documented and retained by the agency.
  8. Collection of Data and Availability for Research Purposes: Each county in which a prosecution agency resides must, on a usual basis, collect the data resulting from the race-blind initial charging evaluation process, except as such information is protected by privilege including, but not limited to, that found in Penal Code section 1054.6. Each county must ensure that the data is collected, stored, and transmitted in a way appropriate to protect sensitive information.
  9. Exception to the Race-Blind Process: The prosecution agency may exclude the crimes listed at the Penal Code section 741, subdivision (c) from the race-blind charging process. Each prosecution agency may further remove or exclude certain classes of crimes or factual circumstances from a race-blind initial charging evaluation and shall keep a list of the exclusion and their reason for review.

Attorney General Bonta, is committed to fighting for racial justice. In May of 2021 he established the Racial Justice Bureau which, among other things, supports the California Department of Justice’s broader mandate to advance the civil rights of all Californians by assisting with new and ongoing efforts to combat hate and bias. This year, the Attorney General has also engaged with local leaders through roundtables through hate crime roundtables in BakersfieldFresnoAnaheim and Irvine.  

More broadly, the Attorney General is deeply committed to responding to the needs of historically marginalized and underrepresented communities and, last year, also launched the Office of Community Awareness, Response, and Engagement to work directly with community organizations and members of the public as part of the effort to advance justice for all Californians.

A copy of the Guidelines can be found here.

DeSaulnier leads efforts to increase aviation safety, avoid near-miss incidents

Wednesday, December 20th, 2023
Rep. Mark DeSaulnier and Ambassador C.B. “Sully” Sullenberger. Official photos.

Safe Landings Act garners support of “Sully” Sullenberger, Coalition of Airline Pilots Associations

Washington, D.C.– Today, Congressman Mark DeSaulnier (D, CA-10) announced the introduction of the Safe Landings Act (H.R. 6850) to increase aviation safety and avoid near-miss aircraft incidents, like the one that occurred at San Francisco International Airport (SFO) on July 7, 2017, in which over 1,000 passengers were in danger of losing their lives. By creating a new federal task force to research and identify safety risks, expanding training, and addressing new technology needs, this bill would help reduce human error in aviation and save lives. DeSaulnier first introduced this legislation in August 2019, but with runway incursions this year up 25% from a decade ago and expectations of the busiest ever holiday season for air travel, he has updated the bill based on new information and industry needs. 

“As we approach an exceptionally busy air travel season following a year of unprecedented levels of aircraft near-misses, I am doing all I can in Congress to pass aviation safety reforms to help ensure the protection of and convenience for the flying public,” said DeSaulnier. “By taking a proactive approach to identifying flaws and risks in flying before they cause harm, this bill would help ensure the safety of millions of Americans, especially during periods of heavy air travel, and that the United States remains a global leader in aviation.”

“My mission is making all of us safer when we fly,” said Ambassador “Sully” Sullenberger, U.S. Representative to the International Civil Aviation Organization. “There is still much work to be done. This bill closes many of the gaps in safety that still pose a threat.”

“We applaud Representative DeSaulnier’s proactive efforts to improve aviation safety with the Safe Landings Act,” stated Coalition of Airline Pilots Associations (CAPA) President Captain Larry Rooney. “Aviation safety is a direct result of the continued collaborative efforts of all stakeholders to ensure that the safety of the traveling public remains paramount. This legislation provides the latest opportunity to further refine and improve on known and newly discovered safety deficiencies. Additionally, it recognizes that any attempt to reduce pilot flight deck staffing diminishes the tremendous safety strides made through the robust and proven life-saving application of Crew resource management skills (CRM). CAPA looks forward to providing the subject matter expertise necessary to ensure that this important safety legislation becomes enacted into law.”

Following the near-miss incident at SFO when an arriving Air Canada flight came dangerously close to landing on a taxiway occupied by four aircraft loaded with more than 1,000 passengers, Congressman DeSaulnier, a senior member of the House Committee on Transportation and Infrastructure and former chair of both the California Assembly and California Senate transportation committees, spent two years researching aviation and near-miss incidents. In consultation with experts in the field, including Captain Sullenberger, pilot unions, air traffic controllers, mechanics, ground safety crews, and federal agencies (NTSB and the Federal Aviation Administration (FAA) he developed this legislation to ensure that fatal or near-miss incidents—like what occurred at SFO—are prevented in the future.

In addition to this legislation, the FAA announced in September 2023 that it is promoting the use of cockpit-alerting technologies, which is a positive step in the direction toward Congressman DeSaulnier’s provision mandating this technology and the National Transportation Safety Board’s (NTSB) recommendations following the 2017 incident.

Specifically, the Safe Landings Act would:

  • Require the Federal Aviation Administration (FAA) to implement systems that would alert both pilots and air traffic controllers if a plane is not properly aligned to land on a runway;
  • Require FAA to gather data and issue guidance on the most effective techniques for pilots to electronically verify they are landing on the correct runway;
  • Require the “notices to air mission” (NOTAM) system to be evaluated for improvements;
  • Direct the Government Accountability Office (GAO) to conduct a study on the concerns some pilots have with cockpit voice recorders (CVRs)—like inappropriate foreign government use—and provide recommendations to improve CVRs while also protecting pilots;
  • Create a Task Force on Human Factors in Aviation Safety to review and provide recommendations on crew responses to abnormal events, pilot performance during unexpected events, current flight crew rest and fatigue standards, and other safety related issues;
  • Require that international rules, regulations, or standards regarding flight crew and maintenance personnel rest and fatigue be studied to ensure worker safety;
  • Direct the Department of Transportation Office of Inspector General to audit current FAA standards and programs for whistleblowers to strengthen protections for aviation workers; 
  • Require a report that studies the role of human factors in high-risk professions, including the aviation industry, and recommend best practices to reduce the risk;
  • Require updating of guidelines for air carrier maintenance programs to improve transparency;
  • Ensure that safety data that is voluntarily provided to the Aviation Safety Action Program is protected;
  • Require a review of the International Civil Aviation Organization’s (ICAO) best available technologies and standards and a timeline for adoption in the U.S.;
  • Require a minimum of 2 pilots in all part 121 air carriers providing transportation to passengers and cargo;
  • Require knowledge safety experts on any FAA advisory committee that provides recommendations on topics that impact aviation safety; and
  • Require the FAA Administrator to ensure that air carriers are prohibited from hiding information that is important for any investigations of aircraft incidents.

This legislation is endorsed by the Coalition of Airline Pilots Associations (CAPA) and original cosponsors of the bill include Representative Dina Titus (NV-01) and Delegate Eleanor Holmes Norton (DC-AL)