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HomeMy WebLinkAbout07.a. Receive update on pending legislative matters and provide direction on priority legislation. 7a. Central San ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: April 20, 2017 Subject: PROVIDE DIRECTION ON PENDING LEGISLATIVE MATTERS Submitted By. initiating Dept.IDiv.: Emily Barnett Administration Communication Services & Intergovernmental Relations Manager REVIEWED AND RECOMMENDED FOR BOARD ACTION: Roger S. Bailey General Manager ISSUE: In accordance with Board Policy No. BP 020 — Legislative Advocacy, the Board of Directors may provide direction to staff on positions related to priority legislation. The 2017 Legislative session is underway and staff is seeking Board direction on pending priority legislation. BACKGROUND: Under BP 026 — Legislative Advocacy, when legislation has direct impact on Central San or special significance to the Board, the General Manager will present information to the Board on priority legislation. The Board may then provide direction as to central San's position on the legislation. Staff has reviewed pending legislation and worked with member associations to identify possible direct impacts on central San. The process to create and pass legislation is constantly in flux; the priority legislation presented in this Position Paper represents the most confident analysis and due diligence research at this time. As new information becomes available, it will be presented at future Board meetings. Attached is an updated Priority Legislative Tracking Sheet. At this meeting, staff is recommending that the Board take action in survort of the following priority legislation: Federal/State Legislation Author Known As Staff Rec. 1 State AB 979 Asm. Lackey Special Districts Representation Support on Lafco Rp 2 State AB 574 Asm. Quirk Direct Potable Reuse Framework Support Committee on Hazardous waste electronic S State AB 1441 E+nvironmental tracking Support Safety& Ap Toxic Mats. 4 State SB 258 Sen. Lara Cleaning Products Right to Know Support Act of 2017 pP EY 2018 Int., National Priorities Water a Federal Environment Research grant program Support Approp. Bill Page I of 2 POSITION PAPER Board Meeting date: April 20, 2017 subject: PROVIDE DIRECTION ON PENDING LEGISLATIVE MATTERS ALTERNATIVES/CONSIDERATIONS: The Beard may choose from the following positions on each piece of legislation: • Support • Support if Amended • Neutral • Oppose Unless Amended • Oppose. FINANCIAL IMPACTS: AB 1441 would likely require an electronic tracking tool (approximately $300) that would include a scanning device for logging hazardous waste materials. COMMITTEE RECOMMENDATION: This matter was not reviewed by a Board committee. RECOMMENDED BOARD ACTION: Take one of the fallowing actions: 1} Adopt staff recommended positions on the identified priority legislation; or 2} Adopt a different position on one or more pieces of the identified priority legislation; or 3} Take no action. Attached Supporting►Document.- 1. ocument.1. Central San 2017-2018 Priority Legislative Tracking Sheet as of 4112117 2. CSDA Template Letter of Support for AB 979 3. Public Warks Coalition Letter that CASA may participate in signing►on to oppose SB 490 Page 2 of 2 Central San 2017-18 Priority Legislative Tracking Sheet ATTACHMENT 1 as of 4/12/2017 Industry Position Date of Federal/ Also Known Industry Organization Or-ganizatio Recommended Board Board State Author Legislation As Summary Priority List/Position Position AL by Staff Direction Decision Notes Would simplify the process of adding special districts representation on county lafco's through a simple vote at the Co-sponsored by California Priority bill for CSDA. county's independent special districts Special Districts Association Requested District 1 State Asm. Lackey AB 979 selection committee (CSDA) and CALAFCO. CASA - Watch Close ',Support support letter to author. Requires the state board to establish a framework for regulation of potable reuse projects by 6/2018 and adoption of uniform Direct Potable water recycling criteria for potable reuse Reuse through raw water augmentation by Sponsored by WaterReuse, 2 State Asm. Quirk AB 574 Framework 12/2021. CASA priority bill Support Committee on Would support the State's future change of Environmental the Federal Hazardous Waste (HW) Safety and Toxic manifesting (similar to a chain of custody) Materials - Asm. process from paper to electronic (e- Quirk, Dahle, Hazardous Manifest) when the system comes online. Arambula, Waste This would add efficiency, improve tracking Would change process Garcia, Gomez, electronic of HW movement, and increase safety for of handling for HHWCF 3 State Holden AB 1441 tracking HW transportation and proper disposal. Support and associated vendors Support: American Sustainable Business Council, Californians for a Healthy & Green S13 258 requires cleaning products Economy (CHANGE) manufactured or sold in the State to Coalition, Clean Water disclose on the product label and website, Action, Center for among other information, a list of each Environmental Health, 3/15/2017 - Support Cleaning ingredient and contaminant of concern Sponsored by: Breast Cancer Consumer Federation of requested by City of San Products Right contained in the product as well as an Fund, Environmental Working California, Seventh Francisco via M. LaBella. to Know Act of image that communicates the potential Group, & Women's Voices for Generation, & The 3/16/2017 - Requested 4 State Sen. Lara SB 258 2017 health impacts of toxic chemicals. the Earth -Honest Company Support -CASA add to priority list. FY 2018 Interior, Environment National 3/14/17 Distrct sent and Related Priorities Ensures critical wastewater research is support letter to Agencies Water funded that will continue to meet the needs Senate/Congressional Appropriations Research of local agencies charged with meeting Water Environment & Reuse 01 members within service 5 Federal bill grant program federal mandates Foundation (Support) Support area Central San 2017-18 Priority Legislative Tracking Sheet as of 4/12/2017 Requires a specified bureau to license and regulate hydrolysis facilities. Enacts requirements applicable to hydrolysis facilities substantially similar to those applicable to crematoria. Requires a local registrar of births or deaths to issue permits for the disposition of hydrolyzed CASA - Working with 6 State Asm. Gloria AB 967 remains. Author Watch Complex 20 page bill Would prohibit a special district from considering an accessory dwelling unit a new residential use for purposes of calculating connection fees or capacity charges for Assessory utilities. It would also extend the Sen. Dwelling Units applicability of the above prohibition to CASA - Working with High likelihood of 7 State Wiechowski SB 229 "clean upil special districts. Author Watch passage 8 State Sen. Monning SB 623 Affordable Dinking Water Fund & Safe ACWA - Opposed Watch 9 State Sen. Hertzberg SB 778 Drinking Water Spot Bills (Public Goods ACWA - Opposed Watch Based on two studies: Danish Studv http://www2.mst.dk/Udgi v/publicati ons/2015/05/978-87- 93352-15- 5.pdf Boston University Fact_ Sheet: Would prohibit a food provider from http://www.bu.edu/sph/fil serving, selling, offering for sale, or es/2016/1 offering for promotional purposes prepared 2/Updated-PFAS- food or fast food in, on, or with take-out Factsheet- food service ware or packaging that Drinking-Water.pdf Fluorinated contains a fluorinated chemical, as defined. California Stormwater chemicals in Because the bill would create a new crime, Quality Association food it would impose a state-mandated local Co-sponsored by Clean Water (CASQA) has also been 10 State Asm. Ting AB 958 packaging program Action CASA - In review Watch approached to support This is a spot bill with Current law declares that the growing only minimal placeholder water needs of the state require the use of information included. water in an efficient manner and that the Further information may efficient use of water requires certainty in become available that State water the definition of property rights to the use will provide additional bill policy: water of water and transferability of those rights. text. As of 4/11/17 has rights: use and This bill would make nonsubstantive yet to be heard in 11 State Asm. Grayson AB 429 transferability changes to those declarations. CASA - Watch Close Watch committee. Central San 2017-18 Priority Legislative Tracking Sheet as of 4/12/2017 Current law imposes specified requirements on state and local agencies regarding payment of construction contracts. This bill would require, within 10 days of making a construction contract payment, a state or local agency to post on its Internet Web site the project for which the payment was made, the name of the Construction construction contractor or company paid, 3-31-17 Staff reviewing contract the date the payment was made, the recent 3-27-17 payments: payment application number or other amendments. 4-5-17 Re- Internet Web identifying information, and the amount of referred to Committee on 12 State Asm. Caballero AB 1223 site posting the payment. CASA - Disapprove Watch Local Government. Would require every local government agency that maintains an Internet Web site to prominently post on its Internet Web site, as specified, a notice of any upcoming election in which voters will vote on a tax measure or proposed bond issuance of the agency. The bill would also require every local government agency that publishes an Political electronic newsletter to include the notice Reform Act of in the electronic newsletter. By imposing 1974: local new duties on local government agencies, 4-5-17 referred to government the bill would impose a state-mandated Committee on Local 13 State Asm. Dababneh AB 1333 agency notices local program. CASA - Disapprove Watch Government Central San 2017-18 Priority Legislative Tracking Sheet as of 4/12/2017 Existing law requires the design professional to defend the public agency under an indemnity agreement, including the duty and the cost to defend, are unenforceable, except for claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the design professional. Existing law provides that all contracts and all solicitation documents between a public agency and a design professional are deemed to incorporate these provisions by reference. This bill would instead make these ,provisions applicable to all contracts for design professional services entered into on or after January 1, 2018. The bill would prohibit the cost to defend charged to the design professional from exceeding the 4/12/17 Coalition letter design professional's proportionate provided by CASA for a percentage of fault, except that in the event Public Works Association that one or more defendants is unable to pay Coalition that CASA may its share of defense costs due to bankruptcy sign on behalf of or dissolution of the business, the bill would wastewater agencies. Design require the design professional to meet and (Provided to Board in Professional confer with other parties regarding unpaid CASA - Disapprove packet for 4/20/17 14 State Sen. Canella S13 496 Indemnity defense costs. (possibly oppose) Watch meeting) ATTACHMENT 2 Assemblyman Tom Lackey State Capitol, Room 4009 Sacramento, CA 95814 RE: AB 979 (Lackey) LAFCO Representation for Special Districts--SUPPORT Dear Assemblyman Lackey: I am writing in support of Assembly Bill 979 (Lackey): LAFC0 Representation for special Districts. AB 979 will increase the participation of special districts on county Local Agency Formation Commissions. Local Agency Formation Commissions (LAFCOs) administer and approve the formation, dissolution,and boundaries of local agencies, including cities, counties, and special districts,in each county. LAFCos are composed of representatives from local cities, counties,and members of the public. Special districts have the ability to opt in to representation on LAFCos. Since 1972, special districts have obtained LAFCO representation in 30 of the 58 counties in California. Under current law, special districts may acquire representation on a LAFCD if a majority of all special districts in a county pass a board resolution supporting such action within a one- year period. The most recent county to gain special district representation was Santa Clara in 2012. organization of the county's 20 special districts to vote on an individual board resolution within a one-year period required a well-funded campaign and a part-time organizer. AB 979 simplifies this bureaucratic process by allowing special districts to vote on LAFCO representation in a meeting of the county's independent special districts selection committee. Every independent special district would have the opportunity to participate in the election process, either in-person or by mail, casting one vote for or against the question. Simplifying the LAFCO representation process would empower special districts in the 28 counties with no special district representation to more effectively consider their participation on LAFCO. In cases where special districts choose to participate, special district representation on LAFCO would provide a more diverse and representative decision-making foundation to the LAFCO- Special districts are often instrumental in solving communities' service deficiencies and their input in these processes is of great value. Sincerely, ATTACHMENT 3 April 7, 2017 The Honorable Anthony Cannella California State Senate State Capitol Building Sacramento, CA 05814 RE: Senate Bill 495 (Cannella)—Oppose [As Amended April 5, 2017] Dear Senator Canella: The organizations listed below regret to inform you of our opposition to SB 490 (Canella), which would provide a free pass to design professionals from paying the upfront litigation costs resulting from their negligence, recklessness, and willful misconduct. We represent a broad group of public agencies and organizations that plan, approve, contract, and maintain an extensive range of essential public infrastructure. Unfortunately, under SB 498, our organizations, including public schools, fire departments, water providers, and many others, would be on the hook to pay for defending the misconduct of design professionals. SB 498 provides that engineers and architects, known as design professionals, have no duty to defend claims against public works project owners, even in.cases where the design professional is at fault. The 'bill eliminates the ability of a public agency to contract with design professionals for upfront legal defense costs against claims related to a project's design work. Under existing law, due to a 2010 compromise that created civil Code Section 2782.8, public agencies may exercise their right to place a clause in an agreement requiring the design professional to legally defend the public agency if a claim or lawsuit directly related to the negligence, willful misconduct, or recklessness of design services performed is filed against the agency. Current practice provides incentives and fosters an environment of collaboration between the public agency and the design professional to quickly resolve claims and limit defense costs. This bill aims to end that spirit of collaboration between the private and public sector and instead pit them against each other. This will allow design professionals to sit on the sidelines while public agencies spend taxpayer money to defend their work. Creates an Exception for one industry SB 498 would create an exception to long-standing and wide-reaching California indemnity law for one specific industry that happens to have an unsecured risk. Design professionals '[CLI]argue that their errors and omissions insurance policies do not provide coverage for the defense of claims against other entities involved in construction projects. Pushing the costs on to others is not the appropriate response to that purported issue, nor do we believe that it solves that problem. case law has well established that the duty to defend is inherent in the obligation to indemnify. Spending Public Dollars to Defend Private Entities SB 498 forces taxpayers and ratepayers to front the legal costs for the private sector, even for claims where the design professional is ultimately deemed to be 100 percent at fault. Requiring the public agency to defend the actions of the design professional necessitates a reimbursement process that results in the public agency defending the actions of the design professional and shouldering upfront all of the associated costs. The public agency would then have to seek reimbursement from the design professional, to the extent the design professional is found negligent, after a settlement is reached or SB 496(Cannella) - Oppose Page 2 of 2 the claim is fully litigated. This process not only requires a public entity to front the costs for a private entity, it also creates conflict within the public-private partnership, effectually eliminating the incentive to work together towards a swift settlement. Increased Public Expenses Will Slow Infrastructure Investment Under SB 495, public agencies will ultimately have to seek reimbursement from design professional through the legal system. This will tie up [-cL2]public resources, decreasing the efficiency of public works and services at a moment in California's history where infrastructure investment is desperately needed. This will also decrease the incentive for the public agencies and design professionals to come to a swift settlement with claimants, potentially delaying justice for these individuals for years. Defense Costs Do Not Directly Correlate to Liability Defense costs are not necessarily reflective of a public agency's final determined liability. For example, a public agency could successfully defend against a lawsuit and ultimately be found not negligent, but still incur defense costs associated with the proceeding. As such, it does not make sense to limit the design professional's defense obligation strictly to the percentage of determined liability in a judicial system without that direct correlation. In conclusion, SB 495 will result in taxpayer dollars funding litigation, increasing the costs for public works projects, and delaying justice for individuals harmed by design defects. For these reasons, we must respectfully oppose SB 495. Please do not hesitate to contact any of the signees below if you have any questions about our position. Sincerely,