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Home My WebLink About09.a. Provide direction on pending legislative matters 9.a. central San }: BOARD, OF [DIRECTORS POSITION PAPER Board Meeting Date: May 18, 2017 Subject PROVIDE DIRECTION ON PENDING LEGISLATIVE MATTERS Submitted By: Initiating DeptXiv=: 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 026— Legislature Advocacy, the Beard 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 Beard, 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 support of or provide direction on the following priority legislation: Federal/State ILeciislation Author Known As Staff Rec. ........................ .... .. ................Brgas redefined t 'include . l gasifIcaTlon.withinCalifornia 6 State 1 o Sin. De Lton support Rnewalos Portfolio 8tadard ............... ....... ....... ............. .......... ........... .............. ................. ....... ................. ...... ....... ....... .............. P to ri rn Redefining"sewer" under None-- 7 Mate SB 231 : Sen. Hertzberg Proposition 218. peeking Board Input .....:.................. ........ ............... . ........ ...... ...... ...... ...... Page 1 of 2 POSITION P Board Meeting Date: April 20, 2 017 subject: PROVIDE DIRECTION ON PENDING LEGISLATIVE MATTERS ALTERNATIVES/CO NSI DERATIONS: The Board may choose from the following positions on each piece of legislation: • Support • Support if Amended • Neutral • Oppose Unless Amended • Oppose. FINANCIAL IMPACTS: None. COMMITTEE RECOMMENDATION: This matter was not reviewed by a Board committee. RECOMMENDED BOARD ACTION: Take one of the following actions on Priority Legislative Tracking Sheet Items Number 0 and 7: 1} Adopt staff recommended position(s) 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. Central San 2017-2018 Priority Legislative Tracking Sheet as of 5111117 Page 2 of 2 Central San 2017-18 Priority Legislative Tracking Sheet as of 5/11/2017 Industry Industry Position Date of Federal/ Also Known Board Author Legislation Summary Organization(s) Priority Organization(s) Recommended Board Notes State As Decision List/Position Position by Staff Direction 1 State Asm. Lackey AB 979 Would simplify the process of adding special Co-sponsored by CASA -Watch Close Support 04/20/17 Support 5/10/17 Passed out of Local districts representation on county lafco's California Special Gov't Committee, 5/1/17 Re- through asimple vote at the county's Districts Association referred to Asm Committee independent special districts selection (CSDA) and CALAFCO. on Local Government committee 4/17/17 Re-referred to Asm Local Govt Committee. Priority bill for CSDA. Requested District support letter to author. 2 State Asm. Quirk AB 574 Direct Potable Requires the state board to establish a Sponsored by Support 04/20/17 Support 5/3/17 referred to Asm Reuse framework for regulation of potable reuse WaterReuse, CASA Appropriations suspense Framework projects by 6/2018 and adoption of uniform priority bill file. 4/26/17 Passed out of water recycling criteria for potable reuse committee to Asm through raw water augmentation by 12/2021. Appropriations. 4/19/17 Re- referred to Asm. Water, Parks and Wildlife Committee 3 State Committee on AB 1441 Hazardous Would support the State's future change of Support 04/20/17 Support 5/10/17 referred to Comm Environmental Waste the Federal Hazardous Waste (HW) on Environmental Quality. Safety and Toxic electronic manifesting (similar to a chain of custody) 3/21/17 passed out of Asm. Materials - Asm. tracking process from paper to electronic (e-Manifest) Environmental Safety and Quirk, Dahle, when the system comes online. This would Toxic Materials Committee Arambula, add efficiency, improve tracking of HW on 6/0/1 vote to send to Garcia, Gomez, movement, and increase safety for HW Appropriations Committee. Holden transportation and proper disposal. Would change process of handling for HHWCF and associated vendors 4 State Sen. Lara SB 258 Cleaning SB 258 requires cleaning products Sponsored by: Breast Support: American Support 04/20/17 Support 5/15/17 Set for hearing in Products Right manufactured or sold in the State to disclose Cancer Fund, Sustainable Business Senate Appropriations to Know Act of on the product label and website, among Environmental Working Council, Californians for Comm. Set for hearing on 2017 other information, a list of each ingredient Group, & Women's a Healthy & Green 4/26/17 at the Senate Labor and contaminant of concern contained in the Voices for the Earth Economy (CHANGE) and Industrial Relations product as well as an image that Coalition, Clean Water Committee. 3/15/2017 - communicates the potential health impacts of Action, Center for Support requested by City toxic chemicals. Environmental Health, of San Francisco via M. Consumer Federation of LaBella. 3/16/2017 - California, Seventh Requested CASA add to Generation, & The priority list. Honest Company Central San 2017-1S Priority Legislative Tracking Sheet as of 5/11/2017 5 Federal FY 2018 Interior, National Ensures critical wastewater research is water Environment & Support 04/20/17 Support 3114117 District sent support Environment Priorities funded that will continue to meet the needs of Reuse Foundation letter to and Related water local agencies charged with meeting federal (Support) Senate/Congressional Agencies Research mandates members within service Appropriations grant program area bill 6 State Sen De Lion SB 100 100% Clean Bill would change the California Renewables CASA - Support if Support 5/11/17 waiting on new Energy Portfolio Standard Program goal under the Amended, 350 amendments to post then Measure PUC to achieve 50% renewable resources Sacramento - Support will go to Appropriations target by 2026, achieve 60% by 2030, and for 8minutenergy Comm, 5/9/17 Passed out all electricity sold at retail to be generated by Renewables- Support of Sen Energy, Utilities and eligible renewable energy resources by 2045. California wind Energy Communications Comm, Would authorize the PUC to establish a Association- Support 5/1/17 Amended to include requirement that gas sellers, procure a Clean Energy Fuels, if CASA comments. Cut and minimum percentage of biomethane or amended Amend renewable gas, from sources that reduce First Solar- Support emissions of short-lived climate pollutants in Large-Scale Solar the state. The bill would require as g - q g Association- Support corporations to deliver biomethane or Solar Ener Industries as renewable from producers to the pipeline Energy g p p Association- Support _ system. This bill would revise the definition westlands Solar Park- - of biogas and biomethane, and would revise - the definition of biomass conversion for Support certain waste management purposes. Biogas conversion definition now includes "the noncombustion thermal conversion of the organic byproducts of anaerobic digestion". 7 State Sen. Hertzberg SB 231 Stormwater Existing law, the Proposition 218 omnibus CASA-Cautiously None *Howard Jarvis has financing - Implementation Act, prescribes specific Support: (sent support committed to take legal expanded procedures and parameters for local letter) action if this is approved. definition of jurisdictions to comply with Articles XIII C and 515/17 Kent Alm concerned "sewer" XIII D of the California Constitution and about unintended defines terms for these purposes. consequences from the bill This bill would define the term "sewer" for that will emerge over time these purposes. The bill would also make that will effect the findings and declarations relating to the wastewater industry in the definition of the term "sewer" for these long term. This is a purposes. This bill attempts to reverse the transparent attempt to existing court decisions that limit the use expand the use of "sewer" of the term "sewer" in Prop 218 to limit to in Prop 218 to allow funding "sanitary sewers" and excludes "storm of stormwater activities sewers". without a formal voter i approval. 5/5117 Author requested CASA support. 4127117 Held in Assembly - may be referred to Sen. Local Gov't Committee. Central San 2017-18 Priority Legislative Tracking Sheet as of 5/11/2017 8 State Asm. Gloria AB 967 Requires a specified bureau to license and CASA - Working with Watch 5/10/17 Minor changes regulate hydrolysis facilities. Enacts Author made in committee. 4/25/17 requirements applicable to hydrolysis Baker/Grayson Ayes to facilities substantially similar to those pass out of Asm Business applicable to crematoria. Requires a local and Professions Comm to registrar of births or deaths to issue permits Appropriations, 4/19/17 Re- for the disposition of hydrolyzed remains. referred to Asm. Business and Professions Committee. Complex 20 page bill 9 State Sen. SB 229 Accessory Would prohibit a special district from CASA - Working with Watch 5/11/17 Sen 3rd reading, Wiechowski Dwelling Units considering an accessory dwelling unit a new Author �5/2/17 Sen 2nd reading, "clean upil residential use for purposes of calculating 4/18/17 2nd reading. Re- connection fees or capacity charges for referred to Approp. utilities. It would also extend the applicability Committee. High likelihood of the above prohibition to special districts. of passage 10 State Sen. Monning SB 623 COMBINED SIMILAR BILLS: Safe and ACWA - Opposed, CASA Watch 5/15/17 Sen Appropriations Affordable Drinking Water Fund & Safe Watch Hearing date, 4/26/17 Drinking Water Spot Bills (Public Goods Referred to Senate Charge) Appropriations Comm. 3/30/17 Re-referred to Senate Environmental Quality Committee 11 State Sen. Hertzberg SB 778 ACWA - Opposed, CASA Watch 5/15/17 Sen Appropriations Watch Hearing date, 4/26/17 Referred to Senate Appropriations Comm, 4/5/17 Re-referred to Senate Environmental Quality Committee Central San 2017-18 Priority Legislative Tracking Sheet as of 5/11/2017 12 State Asm. Ting AB 958 Fluorinated Would prohibit a food provider from serving, Co-sponsored by Clean CASA - Support Watch 5/10/17 Referred to Asm chemicals in selling, offering for sale, or offering for Water Action Appropriations Suspense food promotional purposes prepared food or fast File. 4/26/17 Passed out of packaging food in, on, or with take-out food service Asm Enviro Safety and ware or packaging that contains a fluorinated Toxic Materials Committee chemical, as defined. Because the bill would to Appropriations. Based on create a new crime, it would impose a state- two studies: Danish Study mandated local program. http://www2.mst.dk/Udgiv/p ublicati ons/2015/05/978-87-93352- 15- 5.pdf Boston University Fact Sheet: http://www.bu.edu/sph/fiIes/ 2016/1 2/Updated-PFAS-Factsheet- Drinking-Water.pdf California Stormwater Quality Association (CASQA) has also been approached to support 13 State Asm. Caballero AB 1223 Construction Current law imposes specified requirements CASA - Disapprove Watch 4/19/17 re-referred to Asm contract on state and local agencies regarding Local Govt Committee. 3-31- payments: payment of construction contracts. This bill 17 Staff reviewing recent 3- Internet Web would require, within 10 days of making a 27-17 amendments. 4-5-17 site posting construction contract payment, a state or Re-referred to Committee ,local agency to post on its Internet Web site on Local Government. the project for which the payment was made, the name of the construction contractor or company paid, the date the payment was made, the payment application number or other identifying information, and the amount of the payment. Central San 2017-18 Priority Legislative Tracking Sheet as of 5/11/2017 14 State Asm. Dababneh AB 1333 Political Would require every local government CASA- Disapprove Watch ;5/3/17 Referred to Asm Reform Act of agency that maintains an Internet Web site to .Appropriations Suspense 1974: local prominently post on its Internet Web site, as file, 4-5-17 referred to government specified, a notice of any upcoming election Committee on Local agency notices in which voters will vote on a tax measure or Government � proposed bond issuance of the agency. The � bill would also require every local government agency that publishes an electronic newsletter to include the notice in j the electronic newsletter. By imposing new duties on local government agencies, the bill would impose astate-mandated local program. 15 State Sen. Canella SB 496 Design Existing law requires the design professional to CASA- Disapprove Watch 4/28/17 Chaptered (deal Professional defend the public agency under an indemnity (possibly oppose) struck with Governor as Indemnity agreement, including the duty and the cost to final vote for SB 1 defend, are unenforceable, except for claims Transportation bill), 4/18/17 that arise out of, pertain to, or relate to the First Reading in Asm. negligence, recklessness, or willful misconduct 4/12/17 Coalition letter of the design professional. Existing law provided by CASA for a provides that all contracts and all solicitation Public Works Association documents between a public agency and a design professional are deemed to incorporate Coalition that CASA may these provisions by reference.This bill would sign on behalf of wastewater agencies. instead make these provisions applicable to all contracts for design professional services (Provided to Board in packet for 4/20/17 meeting) entered into on or after January 1, 2018. The bill would prohibit the cost to defend charged to the design professional from exceeding the design professional's proportionate percentage of fault, except that in the event that one or more defendants is unable to pay its share of defense costs due to bankruptcy or dissolution of the business,the bill would require the design professional to meet and confer with other parties regarding unpaid defense costs. Central San 2017-18 Priority Legislative Tracking Sheet as of 5/11/2017 9 16-0 1 46-%.f W N..O r 1 Beginning 1/1/18 16 t I%A.4 ip.c%.1 ACZM lomi= I��F=4 n'Intmizc. Ar%A ,this bill would establish CASA - Disapprove Watch 5/10/17 - Currently on • specific standards for the use of personal suspense file in Asm. services contracts by counties and cities and Appropriations Comm. - ninraznnpl would require the county or city to: 1. clearly likely will go no further %..P%..-I V demonstrate that the proposed contract will 4/24/17 passed out of Asm result in actual overall costs savings to the Comm on Public county or city, 2. show that the contract does Employees, Retirement, not cause the displacement of county or city and Social Security to Asm workers, 3. requires county or city to conduct a Appropriations Committee. cost-benefit analysis prior to entering into the contract, 4. requires the prospective contractors to reimburse the cost of the analysis, 5. requires later audit of the contract to determine whether cost savings have been realized 6. requires the contractor to reimburse the cost of the audit, 7. imposes additional disclosure requirements for contracts exceeding $5,000,000 annually, S. requires each county or city to maintain on its Internet Web site a searchable database of all of its contracts exceeding $5,000,000. 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