Law and Legislation Committee Meeting Summary – May 4, 2021

The Law and Legislation Committee of the Sacramento City Council met on Tuesday, May 4, 2021, at 1:00 p.m. via teleconference due to the COVID-19 pandemic. Chair Jay Schenirer (District 5), Vice Chair Jeff Harris (District 3), and members Katie Valenzuela (District 4) and Eric Guerra (District 6) were present. The committee considered two consent items, a cannabis permit restriction (continued), a green building electrification ordinance, and committee business. The meeting adjourned at 2:52 p.m.

Consent Calendar

• Item 1 – Law and Legislation Log: Approved unanimously (4-0).
• Item 2 – Ordinance Amending City Code on Illegal Fireworks (Chapter 8.48): Pulled by Councilmember Valenzuela for separate discussion. After public comment and debate, the committee voted 3-0-1 (Valenzuela abstained) to forward the ordinance to the City Council. The ordinance includes a social host provision, a mitigation plan, and a prohibition on fireworks use between 11 p.m. and 9 a.m. from June 28 through July 4.

Public Comments & Testimony

On Item 2 (Illegal Fireworks): Nine callers expressed strong support for the ordinance, representing nonprofits, neighborhood associations, and TNT Fireworks. Speakers emphasized that illegal fireworks are a year-round problem and that the ordinance balances enforcement with protecting legal fundraising. Dennis Rivell (TNT Fireworks) noted a broad coalition of over 40 neighborhood associations and 400 nonprofits. Gloria Dotson, Jonathan Koskovich, Carolyn, Deborah Ling, Mervyn Brookens, Ed Garcia, Lee Miller (Residents Against Illegal Fireworks), Megan Blackwell, and HK Allen all urged approval, highlighting community benefits and the distinction between legal and illegal fireworks.

On Item 4 (Green Building Electrification): Thirteen callers provided comments. Supporters included Dr. William Pepick (Climate Health Now), Leah Lewis Prescott (RMI), Amy Ryder (Building Decarbonization Coalition), and a representative from the Sacramento Metropolitan Air Quality Management District, who cited health and climate benefits. Opponents and those requesting changes included Frank Lewis (Stockton Boulevard Partnership), Steve Blanton (Power Rent Alliance), Jasmine Alop (Sacramento Metro Chamber), David Nelson (Sacramento Asian Pacific Chamber), Carter Nelson (Sacramento Association of Realtors), and Jennifer Holden (resident). Concerns focused on the lack of market-ready technology for Asian restaurant wok cooking (120,000 BTUs needed), the sunset on exemptions for restaurants and manufacturing, the need for a defined infeasibility waiver process, and potential costs to consumers and businesses.

Discussion Items

Item 3 – Cannabis Business Permit Restriction in District 2: Chair Schenirer continued this item to the May 18, 2021 meeting without discussion.

Item 4 – Green Building Standards/Electrification Ordinance: Staff (Helen Selph, Jennifer Venema, SMUD, workforce, fire department) presented a comprehensive overview. The ordinance would require all new buildings to be all-electric by 2023 (1-3 stories) and 2026 (4+ stories), with exemptions for restaurants, manufacturing, and affordable housing water heating until 2025. An infeasibility waiver process with a technical panel was proposed. SMUD outlined a $300 million capital plan to support grid capacity. Councilmember Valenzuela expressed concerns about equity, timing, and the modest GHG reduction (55,000 metric tons by 2030). She proposed a delay to better address justice and workforce issues, but her position did not carry. Councilmember Guerra moved to reschedule the item; the motion lacked a second and failed. Councilmember Harris then moved to forward the ordinance to the City Council with direction to staff to engage stakeholders on the technical committee and infeasibility waiver process. Chair Schenirer seconded. The motion passed 3-1 (Valenzuela opposed).

Key Outcomes

• Item 2 (Fireworks): Forwarded to City Council on a 3-0-1 vote. Councilmember Valenzuela was directed to continue discussions with staff on host liability and fine structure.
• Item 4 (Green Building): Forwarded to City Council on a 3-1 vote (Valenzuela no). The committee directed staff to convene a technical panel, define the infeasibility waiver process, and meet with restaurant and manufacturing stakeholders before the May 25, 2021 Council hearing.
• Committee Business: Councilmember Guerra requested that the Hospitality Worker Right to Recall item (previously forwarded to Council) be pulled back to the committee, as state legislation had addressed the issue. The committee voted unanimously (with no formal roll call needed) to return the item to the committee, effectively killing it.
• Public Comment on Non-Agenda Item: One caller suggested using utility user tax policy to advance climate goals.