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HomeMy WebLinkAbout15. Legislative update Page 1 of 10 Item 15. -- I Central Contra Costa Sanitary District June 7, 2018 TO: HONORABLE BOARD OF DIRECTORS FROM: EMILYBARNETT, COMMUNICATION SERVICES AND INTERGOVERNMENTAL RELATIONS MANAGER REVIEWED BY: KENTON L. ALM, DISTRICT COUNSEL ROGER S. BAILEY, GENERAL MANAGER SUBJECT: RECEIVE UPDATE ON PENDING LEGISLATIVE MATTERS Staff have been working to communicate the Board of Director's positions on a number of priority bills for Central San (Attachment 1). At the time of compiling the information for Central San's priority legislation for the Board meeting, no action is being requested. Should a last minute change require Board input, staff will provide the information at the Board meeting. On May 22-23, 2018, staff participated in the California Special Districts Association Legislative Days Advocacy Conference in Sacramento, California. The conference discussed proposed legislation that impacts special districts and provided for legislative office visits representing Central San's service area. In addition, staff has been communicating Central San's position on priority legislation through a variety of methods including recent advocacy letters (Attachment 2). The Board requested additional information related to the upcoming water infrastructure bond measures. There has been a significant amount of confusion from the public as these two bonds are both similarly named. Staff has compiled a quick snapshot of each water related bond measure to provide the differences between each measure (Attachment 3). Further information will be provided during a future Board Meeting and presentation. Strategic Plan re-In GOAL ONE: Provide Exceptional Customer Service Strategy 1 - Foster Customer Engagement and Awareness ATTACHMENTS: 1. Central San Priority Legislation Tracking Sheet June 7, 2018 Regular Board Meeting Agenda Packet- Page 395 of 446 Page 2 of 10 2. Central San recent advocacy letters 3. 2018 Water Bonds Comparison Sheet June 7, 2018 Regular Board Meeting Agenda Packet- Page 396 of 446 Page 3 of 10 Central San 2018 Priority Legislative Tracking Sheet as of 5/30/18 Federal/ Also Known Industry. Position Date of Board Author Legislation Summary Organization(s) Priority Recommended by Board Notes State As List/Position Staff Direction Decision 1 Federal President President's Protect Cuts to The President's FY19 budget request WateReuse - oppose 03/15/18 Oppose 3/6/18 - Call to action received by WateReuse to FY19 budget Title XVI and included an over 90% cut to the Bureau of cuts sign onto WateReuse multiagency letter by COB request Increase Reclamation's Title XVI water reuse program March 12. WateReuse Association is asking funding for from $34.5M in FY17 to $3M. Title XVI is the Congress to reject these cuts and provide at least WaterSMART only federal program that specifically level funding for Title XVI in FY19. Letter deadline and Title XVI supports water recycling efforts. The for House is March 16 and Senate is March 30. programs program has invested $692 million in direct federal spending while leveraging at least an additional $2.07 billion of local investment to provide a sustainable long-term reliable supply of water for residents and businesses in the West. 2 Federal Napolitano (D- H. R. 5127 Water Establishes a grant program for the funding Western Recycled Water Support 03/15/18 Support 3/6/18 In House Committee on Natural Resources: 32) Los Angeles Recycling of water recycling and reuse projects. Coalition - Support, Referred to Subcommittee on Water, Power and area, Co-author Investment WateReuse - Support Oceans. Introduced on 2/27/18. In both House DeSaulnier (CA- and Committee on Natural Resources and Committee 11) Improvement on Transportation and Infrastructure Act 3 Federal Katko (R-NY 24) H. R. 4902 Drinking Water Amends the Water Infrastructure Finance CASA - Support Support 03/15/18 Supporl 2/21 R In House Committee on Science, Space and Clean and Innovation Act of 2014; provides to state and Technology: Referred to Subcommittee on Water Loans infrastructure financing authorities additional Environment. 1/31/18 Introduced and in House opportunities to receive loans under that Act Committee on Transportation & Infrastructure: to support drinking water and clean water Referred to Subcommittee on Water Resources state revolving funds to deliver water and Environment. infrastructure to communities across the United States. 4 Federal Boozman (R- S. 2364 Drinking Water Amends the Water Infrastructure Finance CASA - Support Support 03/15/18 Support '/30/ Introduced in Senate Committee on AR), Co-Author (Identical bill to and Clean and Innovation Act of 2014; provides to state Environment and Public Works Feinstein (D-CA) H.R. 4902) Water Loans infrastructure financing authorities additional opportunities to receive loans under that Act to support drinking water and clean water state revolving funds to deliver water infrastructure to communities across the United States. June 7, 2018 Regular Board Meeting Agenda Packet- Page 397 of 446 Page 4 of 10 Central San 2018 Priority Legislative Tracking Sheet as of 5/30/18 5 State Wieckowski SB 831, Similar ADUs update Would prohibit the imposition of any fees, Watch: CASA, ACWA, Oppose 03/15/18 Watch 5/30/18 Passed Senate. 5/22/18 Set for hearing in bills AB 2890 including connection or capacity fees, for the CSDA on 5/3/18 Senate Appropriations. 4/25/18 Author has agreed Ting and SB construction of an accessory dwelling unit. SUPPORT: Bay Area Oppose on to remove language eliminating fee authority for 1469 Skinner The bill is attached for your review. Council (sponsor); Bay 3/15/18 water/ww connection and capacity charges to fall Area Rapid Transit in line with last year's ADU agreement. 4/17/2018 (BART); California Central San sent opposition letter to the committee Apartment Association; to register opposition to bill. CASA concerns: California Association of Eliminating fee authority for one particular type of Realtors; California residential construction is contrary to our Building Industry obligations to assess proportional fees under Association (CBIA); Propositions 218 and 26. It could lead to one California Chamber of class of ratepayers subsidizing rates for another Commerce; class, which is prohibited by Prop 218. Finally, CASA believes that there has not been sufficient time to evaluate the impact of the fee restrictions agreed to in SB 1069 in 2016 and SB 229 in 2017. For special districts, the new ADU fee restrictions have only been in effect for 2 months. 6 State Bloom AB 2379 Waste Requires that clothing made from fabric that Californians Against Support 03/15/18 Support 4/30/18 in Assembly for third reading 4/18/18 Management: is more than a specified percentage of Waste - Support amendments remove recommendation to Polyester polyester bear a conspicuous label stating handwash the clothing. Some BAPPG members Microfiber that the garment sheds plastic microfibers suggesting support. 2/14/18 introduced. when washed and Feeernmending hand washing. Prohibits a person from selling or offering for sale clothing made from fabric that is more than a specified percentage polyester that does not bear that label. June 7, 2018 Regular Board Meeting Agenda Packet- Page 398 of 446 Page 5 of 10 Central San 2018 Priority Legislative Tracking Sheet as of 5/30/18 7 State Chiu AB 3037 Community would establish a new version of redevelopment agencies CSDA- Oppose Unless Opposed Unless 05/03/18 OrOpposed 5/25/18 Held in Appropriations Committee. 4/30/18 (re-termed redevelopment housing and infrastructure Redevelopmen agencies). 1. Uses the Enhanced Infrastructure Financing Amended. Amended Unless Passed second reading to third no amendments t Law of 2018 District(EIFD)law as a model in many ways; however, like Amended since 4/26. 4/25 passed out of Asm Local Gov't former RDAs,the new redevelopment housing and Committee - now on to Appropriations. 4/11 infrastructure agencies do not require voter approval and passed out of Asm Housing and Community they are able to access the school/State share of the property tax increment. Their access to the school/State Development Committee. AB 1792 Fraiser spot bill share of the property tax increment requires approval from is similar. Set for hearing on 4/25/18 in Asm Local the California Department of Finance and will be capped at Gov't Committee. a yet-to-be-determined amount. 2. As with EIFDs, each affected taxing entity(each special district and typically the county)within the jurisdiction of the redevelopment agency would be given one seat on the board of the redevelopment agency;the city creating the agency would have two seats total;there would also be two public seats.,3. Similar to EIFDs and former RDAs,the proposed redevelopment housing and infrastructure agencies would require a certain percentage of all revenue to go toward affordable housing projects. The current draft requires 30 percent,which is more than what EIFDs and former RDAs were required to set aside.4. Unlike former RDAs,the stated intent is to keep affected taxing entities(special districts and counties) "whole"in terms of property tax revenue.The bill attempts to achieve this by establishing a"passthrough"equivalent to the amount of property tax increment diverted from the county and special districts. The passthrough is primarily funded with ERAF dollars. 8 State Portantino SB 1263 Ocean Requires the State Ocean Protection Council CASA - Sponsored Leg Support 05/03/18 Support 5/29/18 In Senate - to Special Consent Calendar Protection to adopt and implement a Statewide due to lack of opposition. 5/22/18 hearing set in Council: Microplastics Strategy relating to microplastic Senate Appropriations. 4/24/18 Passed from Statewide materials that pose an emerging concern for Senate Committee on Natural Resources and Microplastics ocean health and that includes specified Water 9-0. 4/18 Passed from Senate Committee Strategy components, to the extent funds are on Envornmental Quality Committee 7-0 . Only in available from bonds or other sources. print on 4/11/18. Gut and amend. Hearing set for 4/18/2018 at 9:30AM in Senate Environmental Quality Committee. 9 State Ting AB 2065 Local Expands the definition of local agency to CSDA- Oppose Unless 05/03/18 5/25/18: Held in Assembly Appropriations Agencies: include sewer, water, utility, and local and Amended. Committee. 5/15/18 Letter signed by Central San surplus land regional park districts, joint powers GM to oppose. 5/2/18 In Assembly Appropriations authorities, successor agencies to former on Suspense file. 4/16/18 Read second time and redevelopment agencies, housing authorities, amended. Re-referred to Appropriations and other political subdivisions of this state Committee. and any instrumentality thereof that is empowered to acquire and hold real property, thereby requiring these entities to comply with the requirements for the disposal of surplus land. June 7, 2018 Regular Board Meeting Agenda Packet- Page 399 of 446 Page 6 of 10 Central San 2018 Priority Legislative Tracking Sheet as of 5/30/18 10 State Daly AB 2003 Public Currently, Sanitation Districts are required to Orange County Support 05/03/18 Support 5/16/18 Author removed bill - Orange Co. contracts: post bid notices over a certain amount in a Sanitation District Sanitation will look to try again in 2019 Legislative sanitation print newspaper of general circulation. These sponsored legislation. gpgqir)n 5/9/18 at 1:30 heard in Asm Local districts: notice costs can be quite large, and bids for local CASA - Support, CSDA- Governement Committee. Orange County San wastewater projects generally do not come Support estimates approximately $500,000 in savings over from print newspaper adds. This bill would 10 years should bill pass. instead require the notice to be published in a manner that the district board determines to be reasonable, which may include, but is not limited to, newspapers, Internet Web sites, radio, television, or other means of mass communication. 11 State McGuire SB 929 Special Requires every independent special district to CSDA- Sponsored Support 05/03/18 Supp 4/30/18 In Assembly Local Gov't Committee. Districts: maintain an Internet Web site that clearly Legislation 4/23/18 In Senate: Read third time. Passed on 38- Internet Web lists contact information for the special 0 vote to Asm. 4/17/18 Read second time - Sites district. Senate. 4/16/18 passed out of Senate Appropriations on 7-0 vote. 3/22/18 Central San Letter of Support sent - CSDA Call to Action 12 State Reyes AB 2613 Failure to Pay 05/17/18 5/29/18 In Assembly for third reading. 5/11/18 Wages: Asked CASA to add to their bill tracking list - Penalties Makes an employer, or other person acting Watch. 5/2/18 In Assembly Committee on individually or as an officer, agent, or Appropriations: To Suspense File. employee of another person, who fails to pay or causes a failure to pay specified wages of each employee, subject to a penalty payable to each affected employee, per pay period where the wages due are not paid on time. June 7, 2018 Regular Board Meeting Agenda Packet- Page 400 of 446 Page 7 of 10 Central Contra Costa Sanitary District =A -- - mmmm� • . public health and the envii-onment 5019 In7hoff Place, Martinez, CA 94553-4392 PHONE:(925)228-9500 FAX:(925)676-7211 www.centralsan.org ROGER S BAILEY May 15, 2018 General Manager KENTON L ALM Counsel for the Distnct The Honorable Phil Ting (510)808-2000 California State Assembly KATIE YOUNG Secretary of the District State Capitol Building Sacramento, CA 95814 RE: Assembly Bill 2065 (Ting)—Oppose Unless Amended [As Amended April 16, 2018] Dear Assembly Member Ting: The Central Contra Costa Sanitary District (Central San) respectfully opposes AB 2065, which would require special districts to offer their land for development before leasing their property. Central San provides wastewater collection and treatment services to nearly 500,000 residents and more than 3,000 businesses in the East San Francisco Bay Area. Within its 145-square mile service area, Central San operates a 54-million gallon-per-day capacity treatment plant, 18 pumping stations, and over 1,500 miles of sewer lines, a Household Hazardous Waste Collection Facility, 13 pharmaceutical collection bins, and commercial and residential recycled water fill stations. AB 2065 requires special districts and other local agencies to offer the right of first refusal to affordable housing developers, schools, and parks before selling, leasing, or otherwise conveying their land. The new requirements in the bill would be very problematic for many public agencies that have valid reasons to lease or otherwise protect land they own, such as buffer land surrounding a wastewater treatment plant. Under AB 2065, attempting to lease land in support of a special district's governmental function would trigger the requirements for the disposal of surplus land. As written, AB 2065 would require special districts to offer up property which may be incompatible for use for housing, schools, or parks. AB 2065 would also make it more difficult to protect a district's land for a future governmental use. Wastewater treatment plants, such as the one Central San operates, requires the processing of raw sewage, which by its nature has associated odors. The placement of low income housing, schools, or parks near such a facility would be an incompatible use. Furthermore, it raises possible environmental justice issues, by siting residential homes or schools adjacent to a raw sewage treatment plant and household hazardous waste collection facility. Additionally. as with any utility operation, Central San's property is vital to meet future regulations, upgrade/expand facilities to maintain service reliability and serve future growth, and comply with emergent regulations. Lastly, AB 2065 further restricts Central San's ability to utilize its own property to offset customer rates through the collection of lease and rent revenues that align with compatible uses. June 7, 2018 Regular Board Meeting Agenda Packet- Page 401 of 446 Page 8 of 10 Assembly Bill 2065 (Ting) —Oppose Unless Amended [As Amended April 16, 2018] May 15, 2018 Page 2 We respectfully request AB 2065 be amended to limit the scope of the bill to the sale of surplus land and not include property for lease. Our opposition is not a challenge to the need for affordable housing, but a validation of the need for local flexibility when it comes to proper governmental land use management. For these reasons, Central San respectfully opposes AB 2065 unless amended. cerely, II J� Roger S. Bailey General Manager Central San CC: Allison Lim, Office of Assembly Member Phil Ting [Allison.lim@asm.ca.gov] The Honorable Catharine Baker The Honorable Tim Grayson The Honorable Steve Glazer Rylan Gervase, Legislative Representative, California Special Districts Association [rylang@csda.net] June 7, 2018 Regular Board Meeting Agenda Packet- Page 402 of 446 Page 9 of 10 Central Contra Costa Sanitary District PHONE:(925)228-9500 FAX.-(925)(,7(-7211 May 4, 2018 wsm.crnlralsan.org ROGI:RS BAILEY General Manager The Honorable Tom Daly KLNI'ON L Al.M California State Assembly Cnanceljnr(hcDstrict State Capitol Building, Room 3120 (510)808-2000 Sacramento, CA, 92429 KA IIF YOUNG Secrerar),rJ dm District RE: Support AB 2003 (Daly) Public Contracts: Sanitation Districts: Notice Dear Assemblymember Daly, On behalf of the Central Contra Costa Sanitary District (Central San), I am writing in support of AB 2003 (Daly), which would provide sanitation districts with greater flexibility in the methods used to inform contractors about public construction opportunities. AB 2003 (Daly) will expand the allowable public notification methods for construction bids to include internet websites, radio, television or other media as bid advertising platforms. Sanitation District public contracting code currently requires Districts that are expending over $35,000 for construction work to advertise, at least twice, in a newspaper of general circulation. This section of code was passed in 1984 and is outdated and in need of an update. Newspaper publications may not be the most effective method of public notification, as bid advertising is largely conducted through online bid advertising platforms. Throughout the last 30 years, there have been significant advances in technology that have improved both the efficiency and effectiveness of bid advertising. We support adding flexibility into the public contracting code to allow sanitation districts to expand outreach efforts with innovative and potentially more effective methods to provide notice to potential bidders. This bill will create a more efficient and effective bid construction process. Additionally, this bill will ensure that appropriate notice is provided to the construction industry and will maintain transparency with public agency construction bid opportunities. For these reasons, the Central San strongly supports AB 2003. erely, '..3 n L Roger S. Bailey General Manager ®Recycled Paper June 7, 2018 Regular Board Meeting Agenda Packet- Page 403 of 446 2018 Water Bond Measures Comparison 5/31/18 Approved For Proposition Election Cycle Type Revenues Raised Ballot Summary Proposition 68 June 2018 Bond $4,000,000,000 Yes via Legislation Authorizes $4 billion in general Parks, (Primary Election) Measure obligation bonds for: parks, natural Environment, and resources protection, climate Water Bond adaptation, water quality and supply, and flood protection. Fiscal Impact: Increased state bond repayment costs averaging $200 million annually over 40 years from general tax revenues. Local government savings for natural resources-related projects, likely averaging several tens of millions of dollars annually over the next few decades. Water Supply and November 2018 Bond $8,877,000,000 Yes via Signature Authorizes $8.8 billion in general Water Quality Act (General Election) Measure Collection obligation bonds for safe drinking of 2018 water, Sustainable Groundwater Management (SGMA) implementation, watershed restoration, fish and wildlife habitat conservation, infrastructure repair, and many other water management programs including: $750 million for safe drinking water and wastewater treatment for disadvantaged communities and $400 million for wastewater recycling. There is currently no data available on the repayment costs to the State. June 7, 2018 Regular Board Meeting Agenda Packet- Page 404 of 446