HomeMy WebLinkAbout08.a. Provide direction on pending legislative matters 8.a.
Central San
BOARD DF DIRECTORS
501.11,
POSITION PAPER
Board Meeting Date: July 6, 2017
Subject: PROVIDE DIRECTION ON PENDING LEGISLATIVE MATTERS
Submitted Sy: initiating DeptJDiv.:
Emily Barnett Administration
Communication Services &
Intergovernmental Relations Manager
REVIEWED AND RECOMMENDED FOR BOARD ACTION.
Kenton L.Alm Roger S.B iley
Counsel for the District General Manager
ISSUE: In accordance with Board Policy No. BP 020 — Legislative Advocacy, the Board
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 020 — Legislative advocacy, when legislation has direct
N
mpact 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 based on staff recommendations listed below
or provide direction on the following priority legislation.
.................. ...
Federal/State Le islatlon Author Known As Staff Rec.
.............................................--------------------- z..............
Sustainable�nable water use and
z u
Support AIlo S
demand reduction recycled water
1 t AB 223 Asm. Construction.contract payments. �] ose
Sate Cabal..........................................------------------- .....................................................................................................lero................... Internet web siteposting,................................................. pp
1` tate ....... ......
AB 19 Air ' fa S ervi or of Records: Fines ose
S o p
..
.-. p..................
Rep. western water Recycling Drought.
12 Federal H.R. 2799 McNerney Relief Act Support
.. .....................................:................................¢.........w.................................................
R: wa e n EnerSustainability
t r d
H. �r�at��t
e a
Federal Support
13
introduced II cN0.r e through rou h Technology Act
.......................:.......................................... .....................................
Water Quality Protection and Job
14 Federa--------------------------l H.R. 2 o Re.....................p. DeFaz�o Creation Act of 2o'I 7 Support
II Improvement A of
.............................
Water� Act t� m ro e
1 Fed .. ...... ........
............................... ..................eral .R. 4p Ibbs Supp
2017
Page 1 of 2
POSITION PAPER
Board Meering Date. July 5, 2017
Subject. PROVIDE DIRECTION ON PENDING LEGISLATIVE MATTERS
ALTERNATIVES/CONSIDERATIONS: 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 9, 109 11, 12, 13, 14, and 15:
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 SyppolthS Document.-
1.
ocument.1. Central San 2017-2018 Priority Legislative Tracking Sheet as of 5125117
2. Little Hoover Commission Potential Recommendations for Report on Special Districts
3. Copies of Assembly Bill 1250(Jones-Sawyer)Letters in Opposition
4. Congressman McNerney Press Release on H.R. 2799
Page 2 of 2
Central San 2017-18 Priority Legislative Tracking Sheet ATTACHMENT 1
as of 6/29/2017
FederaU Also Known 0 Industry Industry Position Date of Board
Author Legislation Summary Omanization(s) Priority organizations Recommended by BoardNates
esState As - Decision
List/Position Position Staff Direction
State Asm. Lackey AB 979 Would simplify the process of adding special Co-sponsored by CASA-Watch Close Support 04/20/17 Support 6/21/17 Passed out of Senate Committee on
districts representation on county lafco's California Special Governance and Finance and sent to Senate
through a simple vote at the county's Districts Association Appropriations Committee. 5/22/17 Passed out of
independent special districts selection (CSDA) and CALAFCO. Assembly (Ayes Asm. Grayson, Baker) and sent
committee to Senate for approval. 5/16/17 BM McGill and
staff met via CSDA Leg Days with Asm. Quirk&
Sen. Glazer staff to express District support for
bill. 5/17/17 District staff met with Senator Glazer,
Asm. Baker, and Asm Grayson staff to express
Central San support for bill. Staff 5/10/17 Passed
out of Local Gov't Committee, 5/1/17 Re-referred
to Asm Committee on Local Government 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 7/5/17 Senate Enviro Quality Comm hearing.
Reuse framework for regulation of potable reuse WaterReuse, CASA 6/20/17 In Senate Environmental Quality
Framework projects by 6/2018 and adoption of uniform priority bill Committee with amendment to add uniform water
water recycling criteria for potable reuse criteria by end of 2022 not 2021. 5/22/17 Passed
through raw water augmentation by 12/2021. out of Assembly(Ayes Asm. Grayson, Baker)
and sent to Senate for approval. 5/16/17 BIVI
McGill and staff met via CSDA Leg Days with
Asm. Quirk staff to thank them for authoring AB
574. 5/17/17 District staff met with Senator Glazer,
Asm. Baker, and Asm Grayson staffs to express
Central San support for bill. Staff 5/10/17 Passed
out of Local Gov't Committee, 5/3/17 referred to
Asm Appropriations suspense file.4/26/17 Passed
out of committee to Asm 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 6/21/17 Passed out of Senate Enviro Quality
Environmental Waste the Federal Hazardous Waste (HW) Comm and sent to Appropriations. 5/17/17 District
Safety and Toxic electronic manifesting (similar to a chain of custody) staff met with Asm. Baker, and Asm Grayson staff
Materials -Asm. tracking process from paper to electronic (e-Manifest) to express Central San support for bill. 5/10/17
Quirk, Dahle, when the system comes online. This would referred to Comm on Environmental Quality.
Arambula, add efficiency, improve tracking of HW 5/1/17 Passed out of Assembly. 3/21/17 passed
Garcia, Gomez, movement, and increase safety for HW out of Asm. Environmental Safety and Toxic
Holden transportation and proper disposal. Materials Committee on 6/0/1 vote to send to
Appropriations Committee. Would change process
of handling for HHWCF and associated vendors
Central San 2017-18 Priority Legislative Tracking Sheet
as of 6/29/2017
4 State Sen. Lara SB 258 Cleaning SB 258 requires cleaning products Sponsored by: Breast Support: American Support 04/20/17 Support 7/5/17 Hearing set for Asm Labor and
Products Right manufactured or sold in the State to disclose Cancer Fund, Sustainable Business Employment Comm. 7/11/17 Asm Enviro Safety
to Know Act of on the product label and website, among Environmental Working Council, Californians for and Toxic Materials Comm. 5/30/17 Passed out
2017 other information, a list of each ingredient Group, &Women's a Healthy&Green of Senate to Assembly with Urgency clause (22
and contaminant of concern contained in the Voices for the Earth Economy(CHANGE) Ayes - 15 Noes, Sen. Dodd/Glazer no votes),
product as well as an image that Coalition, Clean Water 5/17/17 District staff met with Asm. Baker, and
communicates the potential health impacts of Action, Center for Asm Grayson staff to express Central San support
toxic chemicals. Environmental Health, for bill. 5/15/17 Set for hearing in Senate
Consumer Federation of Appropriations Comm. Set for hearing on 4/26/17
California, Seventh at the Senate Labor and Industrial Relations
Generation, &The Committee. 3/15/2017 - Support requested by City
Honest Company. of San Francisco via M. LaBella. 3/16/2017 -
oppose -American Requested CASA add to priority list.
Chemistry Council,
California Chamber of
Commerce.
5 Federal FY 2018 Interior, National Ensures critical wastewater research is Water Environment& Support 04/20/17 Support 3/14/17 District sent support letter to
Environment Priorities funded that will continue to meet the needs of Reuse Foundation Senate/Congressional members within service
and Related Water local agencies charged with meeting federal (Support) area
Agencies Research mandates
Appropriations grant program
bill
6 State Sen De Leon SB 100 100%Clean Bill would change the California Renewables PG&E - Opposed, CASA - Support if Support 05/18/17 Support 7/5/17 Hearing set for Asm Utilities and Energy
Energy Portfolio Standard Program goal under the California Independent Amended, American Comm. 5/31/17 Passed out of Senate to
Measure PUC to achieve 50% renewable resources Petroleum Association - Council on Renewable Assembly(25 Ayes - 13 Noes Glazer/Dodd in
target by 2026, achieve 60% by 2030, and for Opposed Energy- Support, 350 favor). 5/26/17 Author agreed to remove all the
all electricity sold at retail to be generated by Sacramento -Support renewable gas related provisions from bill,
eligible renewable energy resources by 2045. 8minutenergy including the definitions of biogas and
Would authorize the PUC to establish a Renewables- Support biomethane, and the addition of "organic
requirement that gas sellers, procure a California Wind Energy byproducts of anaerobic digestion". 5/17/17 Staff
minimum percentage of biomethane or Association- Support discussed witht Sanitation Districts of LA County
renewable gas, from sources that reduce Clean Energy Fuels, if details/background of the bill. 5/11/17 Waiting on
emissions of short-lived climate pollutants in amended new amendments to post then will go to
the state. The bill would require gas First Solar- Support Appropriations Comm, 5/9/17 Passed out of Sen
corporations to deliver biomethane or Large-Scale Solar Energy, Utilities and Communications Comm,
renewable gas from producers to the pipeline Association-Support 5/1/17 Amended to include CASA comments. Gut
system. This bill would revise the definition Solar Energy Industries and Amend
of biogas and biomethane, and would Association-Support
revise the definition of biomass conversion Westlands Solar Park-
for certain waste management purposes. Support
Biogas conversion definition now includes
"the noncombustion thermal conversion of
the organic byproducts of anaerobic
digestion".
Central San 2017-18 Priority Legislative Tracking Sheet
as of 6/29/2017
7 State Sen. Hertzberg SB 231 Stormwater Existing law,the Proposition 218 Omnibus CASA-Cautiously None 05/18/17 Support 6/26/17 In Asm for thrid reading. 5/22/17 Referred
financing- Implementation Act, prescribes specific Support (sent support to Local Gov't Comm. *Howard Jarvis has
expanded procedures and parameters for local letter) committed to take legal action if this is approved.
definition of jurisdictions to comply with Articles X111 C and 5/5/17 Kent Alm concerned about unintended
sewer" X111 D of the California Constitution and consequences from the bill that will emerge over
defines terms for these purposes. time that will effect the wastewater industry in the
This bill would define the term "sewer"for long term. This is a transparent attempt to expand
these purposes. The bill would also make the use of sewer" in Prop 218 to allow funding of
findings and declarations relating to the stormwater activities without a formal voter
definition of the term "sewer"for these approval. 5/5/17 Author requested CASA support.
ipurposes. This bill attempts to reverse the 4/27/17 Held in Assembly- may be referred to
existing court decisions that limit the use Sen. Local Gov't Committee.
of the term "sewer" in Prop 218 to limit to
sanitary sewers" and excludes "storm
sewers
-5-7s�16
8 State Asm. Jones- AB 1250 Counties and Beginning 1/1/18, this bill would establish CASA- Disapprove, Oppose 06/01/17 pp06/21 Bill changes included removal of cities and is
Sawyer Cities: specific standards for the use of personal League of Cities- now in Senate Governance and Finance Comm.
contracts for services contracts by counties and cities and Oppose, Oppose- 5/31/17 Asm 3rd Reading- may not come up till
personal would require the county or city to: 1. clearly Howard Jarvis 6/1/17. 5/30/17 Major amendments but still has
services demonstrate that the proposed contract will Taxpayers Association, following issues, 1. requires contractors absorb
result in actual overall costs savings to the California Ambulance the cost for analysis on public benefit which could
county or city, 2. show that the contract does Association, California increase costs for District contractors and District
not cause the displacement of county or city Building Industry projects, 2. Does not define which type of
workers, 3. requires county or city to conduct Association, California contracts are affected, 3. Would require the
a cost-benefit analysis prior to entering into the Chamber of Commerce, District to collect the Name/Title/Salary of every
contract, 4. requires the prospective California Fire Chiefs contractor and provide it under PRA request.
contractors to reimburse the cost of the Association, California 5/10/17- Currently on suspense file in Asm.
analysis, 5. requires later audit of the contract Police Chiefs Appropriations Comm. - likely will go no further
to determine whether cost savings have been Association, California 4/24/17 passed out of Asm Comm on Public
realized 6. requires the contractor to State Association of Employees, Retirement, and Social Security to
reimburse the cost of the audit, 7. imposes Counties Asm Appropriations Committee.
additional disclosure requirements for
contracts exceeding $5,000,000 annually, 8.
requires each county or city to maintain on its
Internet Web site a searchable database of all
'�of its contracts exceeding $5,000,000.
Central San 2017-18 Priority Legislative Tracking Sheet
as of 6/29/2017
9 State Asm. Rubio AB 869 Sustainable This bill would prohibit an urban retail water ACWA- Support, CCWD Support 7/6/17 6/27/17 Passed out of Senate Natural Resources
water use and supplier from being required by a regulation to - Support *Board has and Water Comm. 6/27/17 M. LaBella reviewed
demand reduce the amount of recycled water it not voted amendments and recommends District support as
reduction: produces, sells, or distributes for beneficial "it is what is needed to protect recycled water from
recycled water potable or nonpotable uses at any time.This being subject to conservation targets. 6/26/17
bill would require recycled water delivered CCWD now in support position. 5/30/17 Passed
within the service area of an urban retail water out of Assembly. 5/15/17 Major amendments in
supplier or its urban wholesale water supplier the Asm. Appropriations Comm. Rereffered to the
for either nonpotable or potable use or that Asm Appropriations Comm.
replenishes a groundwater basin and
supplements the groundwater supply available
to an urban retail water supplier be excluded
from the calculation of any urban water use
target or reduction in urban per capita water
use. The bill would state that for these
purposes recycled water use is an efficient use
of water and would require recycled water use
to be considered equivalent to other water use
efficiency measures.
1 -,�Cppose
0 State Asm. Caballero AB 1223 Construction Current law imposes specified requirements CASA - Disapprove 7/6/17 7/11/17 Hearing set in Senate Gov'tl Organization
contract on state and local agencies regarding *Board has Comm. 5/30/17 Senate 1st Reading. 5/30/17
payments: payment of construction contracts. This bill not voted Passed out of Assembly. 4/19/17 re-referred to
Internet Web would require,within 4-9 21 days of making a Asm Local Govt Committee. 3-31-17 Staff
site posting construction contract payment for a contract reviewing recent 3-27-17 amendments. 4-5-17 Re-
over$25K , a state or local agency to post on referred to Committee on Local Government.
its Internet Web site 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.
11 State Asm. Bonta AB 1479 Supervisor of This bill would require public agencies to CASA- Oppose League of Cities- Oppose 7/6/17 6/29/17 Recent amendments have sparked a
Records: Fines designate a person or office to act as the (6/29/17) Oppose, Orange County *Board has surge of opposition today from CASA, the League,
agency's custodian of records who is Sanitation Agency- not voted City Clearks Association, and large sanitation
responsible for responding to any California Oppose, Sanitation agencies. Central San already complies with the
Public Records Act request. The bill would Agencies of Los Angeles legislation therefore an unfunded state mandate
also authorize a court that finds and agency County- Oppose and imposed fines seems excessive.
failed to repond to a PRA would be assessed (6/28/17)5 City Clerks
a penalty between $1,000-$5,000. Association of California-
Oppose
Central Sari 2017-18 Priority Legislative Tracking Sheet
as of 6/29/2017
12 Federal Rep. McNerney H.R. 2799 Western Amends the Reclamation Wastewater and Sponsored by Western Support 7/6/17 Introduced June 8th. Should Board approve will
Cosponsors: Water Groundwater Study and Facilities Act to authorize Recycled Water Coalition *Board has request Desaulier cosponsor. Working with Jayne
Huffman, Speier, Recycling 22 recycled water projects at a 25%federal cost not voted Strommer of Delta Diablo to coordinate call with
Garamendi, Drought Relief share to include: 1. Benicia Water Reuse Project Desaulnier DC staff.
Swallwell Act ($6.75M),2. Brentwood Recycled Water Project
($5.2M),3.Central Dublin Recycled Water Two Central San projects totalling$7.25M are in
Distribution and Retrofit Project($1.15M),4.Central the legislation.
Redwood City Recycled Water Project($7.5M),5.
City of Pleasanton Recycled Water Project(S5.OM),
6.Concord Recycled Water Project($1.0M),7.
Contra Costa County Refinery Recycled Water
Project Phase 1 ($6.25M)5 8.Delta Diablo
Recycled Water System Expansion Project
($12.5M),9. Dublin and San Ramon Recycled
Water Expansion Project($6.3M), 10. Hayward
Recycled Water Project($10M), 11. Ironhouse
Sanitary District Cypress Recycled Water Project
(S5.OM), 12. Ironhouse Sanitary District Industrial
Recycled Water Project($3.5M), 13. Ironhouse
Sanitary District Direct Potable Reuse Project
(S1 0.0M), 14. Mountain View Recycled Water
System Expansion ($5.OM), 15. North Valley
Regional Recycled Water Project($5.OM), 16. Palo
Alto Recycled Water Pipeline Project(S8.25M), 17.
Pure Water Monterey A Groundwater
Replenishment Project($7.5M), 18. San Jose Water
Company Recycled Water Project($6.OM), 19.
Sunnyvale Continuous Recycled Water Production
Project($.5M),20.Walkoloa Beach Resort
Wastewater Reclamation Facility Expansion Project
($10M),21.West Bay Sanitary District Recycled
Water Project($5.OM), 22.Wolfe Road Recycled
Ite,r Pet
13 Federal Rep. McNerney H.R. (still in Water and Provides drought relief through innovation, Western Recycled Water Support 7/6/17 Omnibus bill. Great marker bill for upcoming
discussion draft Energy increased water supply and regional Coalition - Support *Board has infrastructure debate.Author working to introduce on
form) Sustainability adaptation and self-sufficiency. Watersmart not voted week of 6/19/17. Key points of bill: amends new$50M
through reauthorization over four years to include: DPR USBR grant program by providing reimbursements for
Technology research and regulations within two years of prior costs (WRWC requested language)
Act `bill passage, $40M for stormwater *Reauthorizes CWSRF at$213 FY18, $2.413 FY19.
management grants, $60M for groundwater Instead of$100M increments over 5 years,they rolled
management grants, $60M for groundwater all the money into 2 years.
recharge grants, $150M for community water -9 At least 20%of CWSRF funds will go to green
enhancement grants, $40M water system projects, including RW projects.
mitigation and (climate change) adaptation e Exempts from the private activity bond cap, bonds for
grants, $50M for WaterSense program, $225M water infrastructure projects (including RW) in areas of
for state residential water efficiency incentives for or disaster.
*Establishes within DOE various
program, funds study to detect leaks in programs focusing on
transmission pipelines and aqueducts. the nexus between energy and water. Energy needed
to reuse water is included in the definition of the nexus.
Additional $4.413 for Improving Green
Infrastructure and Community Water Systems Provides national water-energy nexus database,
technologies and a small smart energy-water efficiency
SRF including "use of reclaimed and recycled
pilot program.
water, and investment in pipes used for
•Requires USGS to conduct annual consumptive water
purposes of transporting recycled water'. use survey, including recycled water.
*Authorizes funding for EPA to conduct research for
potable reuse regulations.
e Establishes within EPA a water system mitigation and
adaptation grant program,$10M/year for FY 18-FY22,
50% Federal share. Grants to increase water systems'
resilience to climate change.
9 Reauthorizes Safe Drinking Water Act at$1.213 for
FY18 and FY19.
Central Sari 2017-18 Priority Legislative Tracking Sheet
as of 6/29/2017
14 Federal Rep. DeFazio (D- H.R. 2510 Water Quality Omnibus water with SRF funding over four Support 7/6/17 DeFazio is ranking Democrat on infrastructure
OR) Cosponsors Protection and years including $2013 for CWSRF, $375M for *Board has Committee.
(27) including Job Creation Alternative Water Source Program, and not voted
Rep. DeSaulnier Act of 2017 numerous other funding programs.
15 Federal Rep. Gibbs(R- H.R. 465. Water Quality This bill amends the Federal Water Pollution Support 7/6/17 CASA/NACWA hoping to get NPDES permit term
OH) Improvement Control Act (commonly known as the Clean *Board has extension language in this bill (5 years to 10
Act of 2017 Water Act) by requiring the Environmental not voted years)
Protection Agency (EPA) to establish an
integrated planning and permitting process for
municipal wastewater and stormwater
management that: 1. enables municipalities to
identify the most cost-effective and protective
approaches to comply with the Act's
requirements; 2. helps them prioritize their
investments in addressing the requirements-,
and 3. is comprehensive and flexible. The EPA
must provide technical assistance to the
municipalities or states for developing an
integrated plan upon request. The EPA must:
(1) update its financial capability assessment
guidance entitled, "Combined Sewer Overflows-
-Guidance for Financial Capability Assessment
and Schedule Development," and dated
February 1997; and (2) ensure that the
guidance may be used for assessing the
financial capability of municipalities to
implement effluent limitations and other
pollution control measures.
16 Federal Rep. Hunter(R- H.R. 2693 Citizen Suit Bill would limit attorney fees and penalties in CASA -Watch Close Watch Republican sponsored bill. Not moving through
CA-So. Cal), CA Reform citizen suits, and bring the Clean Water Act in Congress. CASA feels it is too early to send
Cosponsors line with other similar Acts on citizen suits. support letters on this legislation.
Rep. McClintock Would require litigations fees to be reasonable
and Rep. Calvert including prevailing market rates for the area of
the violation, and may not exceed amount of
monetary penalties awarded. In addition, no
liability under this Act with evidence that
damages were due to an act of God, war, third
party (if exercised due care and took
precaustions against foreseeable acts.
Central San 2017-18 Priority Legislative Tracking Sheet
as of 6/29/2017
17 State Asm. Gloria AB 967 Requires a specified bureau to license and CASA-Working with Watch 6/26/17 Passed out of Senate Business,
regulate hydrolysis facilities. Enacts Author Professions and Econ. Dev Comm to Envior
requirements applicable to hydrolysis Quality Comm. 5/31/17 Asm 3rd Reading Item
facilities substantially similar to those 273. 5/10/17 Minor changes made in committee.
applicable to crematoria. Requires a local 4/25/17 Baker/Grayson Ayes to pass out of Asm
registrar of births or deaths to issue permits Business and Professions Comm to
for the disposition of hydrolyzed remains. Appropriations, 4/19/17 Re-referred to Asm.
Business and Professions Committee. Complex
120 page bill
18 State Sen. SB 229 Accessory Would prohibit a special district from CASA-Working with Watch 6/28/17 Hearing set for Asm Housing and
Wiechowski Dwelling Units considering an accessory dwelling unit a new Author Community Development Comm. 5/23/17 Asm
clean up residential use for purposes of calculating read first time. 5/11/17 Sen 3rd reading, 5/22/17
connection fees or capacity charges for Passed out of Senate. 5/2/17 Sen 2nd reading,
utilities. It would also extend the applicability 4/18/17 2nd reading. Re-referred to Approp.
of the above prohibition to special districts. Committee. High likelihood of passage
19 State Sen. Monning SB 623 COMBINED SIMILAR BILLS: Safe and 'ACWA-Opposed, CASA Watch 7/11/17 Hearing set in Asm Enviro, Safety and
Affordable Drinking Water Fund & Safe - Watch Toxic Materials Comm. 5/30/17 Passed from
Drinking Drinking Water Spot Bills (Public Goods Senate to Asm (37 Ayes-0 Noes). 5/15/17 Sen
Charge). Measure provides data to State Appropriations Hearing date,4/26/17 Referred to
Legislature on drinking water quality for Senate Appropriations Comm. 3/30/17 Re-
disadvantaged communities. Response to referred to Senate Environmental Quality
Flint, Michigan. Committee
20 T State Sen. Hertzberg SB 778 ACWA- Opposed, CASA Watch 7/11/17 Hearing set in Asm Enviro Safety and
Watch Toxic Materials Comm. 5/31/17 Passed out of
Senate to Asm. 5/31/17 Senate 3rd Reading.
5/15/17 Sen Appropriations Hearing date, 4/26/17
Referred to Senate Appropriations Comm, 4/5/17
Re-referred to Senate Environmental Quality
Committee
21 State Asm. Ting AB 958 Perfluoroalkyl Would prohibit a food provider from serving, Co-sponsored by Clean CASA-Approve Watch 6/21/17 Quirk now a coauthor. Amendments now
and selling, offering for sale, or offering for Water Action change language from "fluorinated chemicals" to a
polyfluoroalkyl promotional purposes prepared food or fast eliminating "perfluoroalkyl and polyfluoroalkyl
substances in food in, on, or with take-out food service substances" in food packaging by 111120. 5/31/17
food ware or packaging that contains a fluorinated Asm 3rd Reading. 5/10/17 Referred to Asm
packaging chemical, as defined. Because the bill would Appropriations Suspense File. 4/26/17 Passed out
create a new crime, it would impose a state- of Asm Enviro Safety and Toxic Materials
mandated local program. Committee to Appropriations. Based on two
�studies: Danish Study
http://www2.mst.dk/Udgiv/publicati
ons/2015/05/978-87-93352-15-
5.pdf
Boston University.Fact Sheet:
http://www.bu.edu/sph/files/2016/1
2/Updated-PFAS-Factsheet-
Drinking-Water.pdf California Stormwater Quality
Association (CASQA) has also been approached
to support
Central San 2017-18 Priority Legislative Tracking Sheet
as of 6/29/2017
22 State Asm. Dababneh AB 1333 Political Would require every local government CASA - Disapprove Watch Bill may likely go no further. 5/26/17 In
Reform Act of agency that maintains an Internet Web site to Appropriations. Committee: Held under
1974: local prominently post on its Internet Web site, as submission. 5/3/17 Referred to Asm
government specified, a notice of any upcoming election Appropriations Suspense file, 4-5-17 referred to
agency notices in which voters will vote on a tax measure or Committee on Local 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
the electronic newsletter. By imposing new
duties on local government agencies, the bill
would impose a state-mandated local
program.
23 State Sen. Canella SB 496 Design Existing law allows the public agency to require CASA- Disapprove Watch 4/28/17 Chaptered (deal struck with Governor as
Professional defence under an indemnity agreement, (possibly oppose) final vote for SIB 1 Transportation bill), 4/18/17
Indemnity including the duty and the cost to defend, are First Reading in Asm. 4/12/17 Coalition letter
unenforceable, except for claims that arise out provided by CASA for a Public Works Association
of, pertain to, or relate to the negligence, Coalition that CASA may sign on behalf of
recklessness, or willful misconduct of the wastewater agencies. (Provided to Board in
design professional. Existing law provides that packet for 4/20/17 meeting)
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
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.
ATTACHMENT 2
.x w
State of California
LITTLE HOOVER COMMISSION
Witnesses at Little Hoover Commission's August and October 2016 public hearings and
participants at the November 2016 advisory committee proposed numerous recommendations
for consideration. At various business meetings in 2017, the Commission discussed these and
other potential recommendations. A summary of potential recommendations currently under
consideration follows.
The June 22 roundtable discussion has been convened to consider if these recommendations
are helpful,can be implemented or might have unintended consequences. The Commission also
welcomes discussion on alternative suggestions. The primary focus of the roundtable meeting
discussion will be on the recommendations related to governance and transparency, although
potential recommendations focusing on climate change adaptation and healthcare districts also
are included in this summary.
GOVERNANCE-POTENTIAL RECOMMENDATIONS
• The Legislature, in committee hearings and floor votes, as well as the Governor in bill
signings, should curtail a growing practice of introducing bills to override LAFCO deliberative
processes and decide local.issues regarding special district boundaries and operations.
■ The Legislature should provide one-time grant funding to pay for specified LAFCO activities,
particularly to fund certain critical Municipal Service Reviews (MSRs) and to incentivize
LAFCOs or smaller special districts to develop and implement dissolution or consolidation
plans with timelines for expected outcomes. This grant process potentially could be
overseen by the Governor's Office of Planning and Research. Funding should be tied to
process completion and results, including enforcement authority for corrective action and
consolidation.
• Alternatively or additionally, augment the existing LAFCO funding formula by allocating a
certain percentage of local property taxes to fund LAFCOs. as suggested in testimony from
the California Association of Local Agency Formation Commissions(CALAFCO).
■ After conducting a Municipal Service Review and finding dissolution or consolidation of
special districts is warranted, provide LAFCOs the authority to initiate dissolutions or
consolidations with a higher threshold for a public vote.
■ Require special districts to hold a public hearing on findings and recommendations after the
completion of a Municipal Service Review.
■ The Legislature should provide LAFCOs the statutory authority to do reviews of inactive
districts throughout California and dissolve them without the action being subject to protest
and a costly election process. SB 448 (wiekowski) would implement this recommendation.
The bill was unanimously adopted by the Senate in May 2017, and currently is under
consideration by the Assembly. As currently written,the bill also would require each county
tax bill to list special district taxes and would require the State Controller, by 2019, to
annually publish a list of all special districts in California.
• The Legislature should strengthen LAFCOs by easing a process to add special district
representatives to the 28 county LAFCOs where districts have no voice.
• The Legislature should adopt legislation to give LAFCO members fixed terms, to ease
political pressures in controversial votes and enhance the independence of LAFCOs.
Milton Marks Commission on California State Government Organization and Economy•h : www.lhc.ca. ov lhc.html
925 L Street,Suite 805•Sacramento,CA 95814+916-445-2125+fax 916-322-7709+e-mail littlehoover ffic.ca.gov
TRANSPARENCY—POTENTIAL RECOMMENDATIONS
Every LAFCO website should provide basic information and links to all of the special districts within
each county service area, including a standardized dashboard reflecting revenues from property
taxes and user fees,debt service and fund balance changes.
• Every special district should have a published policy,for reserve funds, including the size and purpose
of reserves and how they are invested.
• Every special district should have a website that provides the following information in an easy-to-
understand format:
Name, location,contact data
Services provided
v Governing body, including election information and the process for constituents to run for
board positions
v/ Compensation details—total staff compensation, including salary, pensions and benefits
Compensation details for the five staff with highest compensation (including salary,
benefits, pensions, loans,annual leave balances,annual travel expenses)
Budget (including revenues and expenditures, bond debt and the source of revenues,
including fees, property taxes and other assessments,as well as other revenue)
V Reserve fund policy
V An explanation of how the revenue sources are consistent with state law and do not
constitute a permissible tax
Geographic area served and demographic data based on available census data
r/ Average and median customer fees and other customer charges
f Description of relationship and coordination with other local government agencies
V Copy of most recent Municipal Service Review
Copy of most recent annual report provided to the State Controller's Office
State and local agencies providing oversight of operations, compliance with state laws and
financial reporting and audits and frequency of such reviews and links to the oversight
bodies websites
• The California Special Districts Association, working with experts in public outreach and
engagement, should develop best practices for independent special district outreach to the public
on opportunities to serve on boards and special district elections including election results and voter
participation data.
• The State Controller's Office should disaggregate information provided by independent special
districts from dependent districts, nonprofits and joint powers authorities on its By the Numbers
and Employee Compensation websites. (SB 448 would require the State Controller to list all special
districts on its website by 2019.)
■ The State Controller's Office should standardize definitions of special district financial reserves for
state reporting purposes.
• The Secretary of State, working with county, city and special district representatives and the State
Controller, should streamline or consolidate its public agency reporting requirements.
2
CLIMATE CHANGE ADAPTATION—POTENTIAL RECOMMENDATIONS
■ The Legislature should place a requirement in statute that special districts formally include climate
adaptation and climate mitigation as key operational considerations within their governing
documents and missions.
■ The California Special Districts Association (CSDA), in conjunction with its member districts, should
document and share climate adaptation experiences with the Integrated Climate Adaptation and
Resilience Program's adaptation information clearinghouse being established within the Governor's
Office of Planning and Research (OPR). Similarly, CSDA and member districts should step up
engagement in the state's current Fourth Assessment of climate threats, a $5 million state research
project designed to support the implementation of local adaptation activities. The CSDA also should
promote climate adaptation information sharing among its members to help districts with fewer
resources plan for climate impacts and take actions.
• The Legislature should replicate statewide a program established by Oakland-based East Bay
Municipal Utility District, in which real estate transactions trigger an inspection of sewer lines on the
property and require repairs if broken. Or, as an alternative, it should commission a study of costs
versus benefits--possibly by a university or the appropriate state department. Such a study would
build long-term support, if feasible,for legislation.
• State regulatory agencies should explore the beginnings of a new regulatory framework and
adaptive approach that incorporates moveable baselines when defining a status quo as climate
impacts mount.
• The California Special Districts Association, and special districts, as some of the closest-to-the-
ground local governments in California, should step up public engagement on climate adaptation,
and inform and support people and businesses to take actions that increase their individual and
community-wide defenses.
• The California Special Districts Association and special districts should lead efforts to seek and form
regional partnerships to maximize climate adaptation resources and benefits.
HEALTHCARE DISTRICTS•—POTENTIAL RECOMMENDATIONS
• The Legislature should work with the Association of California Healthcare Districts to enact
proposals the association developed in 2015 to accomplish these two objectives:
Update the 1945 legislative "practice acts" that enabled voters to create local hospital districts,
renamed healthcare districts in the early 1990s. Experts widely agree that statutory language in
the acts no longer reflects rapid changes in healthcare during the past half century, especially
regarding roles of healthcare districts without hospitals.
Make healthcare districts directly respond to local healthcare needs by conducting needs
assessments every three years and demonstrate annually how they are addressing those needs.
This information will be shared with the local LAFCO that oversees the district.
3
• The Legislature, which has been increasingly inclined to override local LAFCO processes to press
changes on healthcare districts, should defer these decisions to LAFCOs, which in statute already
have that responsibility.
• The Association of California Healthcare Districts and its member districts should step up efforts to
define and share best practices among themselves.
4
ATTACHMENT 3
d
s
r
.. _ Central
District
Protecting public health and Me environment 5079 Imhoff Place, Martinez, CA 94553-4392
PHONE:(925)228-9500
June , 20 7 FAX.(925)676-7211
www.celitralsaii.org
ROGER S.BAILEY
Generalr�fr��acr�y�er
Senator Bill Dodd
#�'Er'w7'ON L.ALAI
State Senate �'rarrr�sel ff�r rhe Disrrigi
State Capitol, Froom �0�4 Ef.Arw ,�
R.ROEH fE
Sacramento, CA 95814-4900 Secreran r:f rhe Divria
RE: A-B.11.250 (Jones-Sawyer) counties: contracts for ,personal services -
Dear Senator Dodd.
The Central Contra Costa Sanitary District (Central San) Board of Directors has taken ap osition
in strong opposition of Assembly Bill 1250 ('Jones-Sawyer) Counties: contracts forpersonal
services. AB 1250 will increase costs for personal services contracts for counties. This hill would
require contractors during the bidding process to provide an assessment that would attempt to
determine a potential cost savings between their contract and the same services being provided
inhouse by counties. The contractors would also be forced to pay for a follow-up audit to
determine if savings were realized by the counties. with the breadth and nuances involved in
personal services contracts, counties might not have the staff or expertise available to fulfill all
the contract specifications, yet AB 1250 would force contractors to make a comparison
ass p
assessment and fund that assessment. Those additional assessments only stand to raise
overall contract costs, which will ultimately be borne by the counties and their constituency,
Removing local control is not the answer. Local governments and their constituent base will not
only feel the repercussions of increased contract costs, but local governments will be robbed of
the ability to make their best decisions on contracts that support the individualized needs of their
communities. This bill is bad policy and could open the door to include cities and possibly caner
government entities in future legislation, only compounding the potential of increased costs that
will further burden all Californians.
We urge you to oppose Assembly Bill 1250 (Jones-Sawyer).
cerely,
1 L` R
Roger S. Bailey
General Manager
cc: California Association of Sanitation Agencies
California Special District Association
BOARD of DIRECTORS
Recycled Paper
PAUL H CAUSE)".PreLvi er;r JAMES A.NEIEDL.Y_President Pry;Ton•HICHAEL R Afr GILL•TIAD J PfLECKI DAVID R. WILLIAMS
Central Contra Costa Sanitaty District
MIME
June 2, 2017 PHONE(925)228-9500
FAX:(925)676-7211
www.ceittralsaii.org
ROGER BAILEY
Senator Steven M. Glazer General Manager
KENTON L.ALAI
California State Senate Cotmvelfi,r the Distrix t
State Capitol, Room 5108 ELAINE R BOEMIE
Sacramento, CA 95814-4900 Secrelan j the DiTtrier
RE: AB 1250 (Jones-Sawyer) Counties: contracts for personal services -
Dear Senator Glazer.-
The Central Contra Costa Sanitary District (Central San) Board of Directors has taken a position
in strong opposition of Assembly BN 1250 (Jones-Sawyer) Counties: contracts for personal
services. AB 1250 will increase costs for personal services contracts for counties. This bill would
require contractors during the bidding process to provide an assessment that would attempt to
determine a potential cost savings between their contract and the same services being provided
in-house by counties. The contractors would also be forced to pay for a follow-up audit to
determine if savings were realized by the counties. With the breadth and nuances involved in
personal services contracts, counties might not have the staff or expertise available to fulfill all
the contract specifications, yet AB 1250 would force contractors to make a comparison
assessment and fund that assessment. Those additional assessments only stand to raise
overall contract costs, which will ultimately be borne by the counties and their constituency,
Removing local control is not the answer. Local governments and their constituent base will not
only feel the repercussions of increased contract costs, but local governments will be robbed of
the ability to make their best decisions on contracts that support the individualized needs of their
communities. This bill is bad policy and could open the door to include cities and possibly other
government entities in future legislation, only compounding the potential of increased costs that
will further burden all Californians,
We urge you to oppose Assembly Bill 1250 (Jones-Sawyer).
7 S* erely,
Roger S. Bailey
General Manager
cc: California Association of Sanitation Agencies
California Special District Association
BOARD OF DIRECTORS
PAUL H CAUSEY.Prevident-JAMES A iVEJEDLY Previdenj Pro Tem-MICHAEL R 31,GILL•TAD J PILECKI-DAVID R WILLIAMS Recycled Paper
ATTACHMENT 4
Rep. McNerney Pushes for Investment in
California Water Infrastructure
Jun 7,2017
Press Release
Introduces legislation to fund water recycling projects throughout the region
Washington, DC—As the current administration prepares to announce elements of its infrastructure proposal,
Congressman Jerry McNerney(CA-09)has introduced legislation calling for the authorization of 23 water recycling
projects to bolster California's water infrastructure and bring more stability to the region's water supply.
Rep.McNerney's bill,the Western Water Recycling and Drought Relief Act,calls on Congress to authorize 23
regional water recycling projects that span from California's Central Valley,Central Coast,and San Francisco Bay
Area to Hawaii.When funded and constructed,these projects would provide nearly 75,000 acre-feet of new water—
enough to meet the needs of over half a million residents.
"Investing in forward-thinking solutions such as water recycling is a critical part of a larger,comprehensive
approach to addressing California's long-term needs when it comes to our water supply and our nation's long-term
water policy,"said Congressman McNerney."We've seen the benefits of these investments in my district where
Delta Diablo in Antioch,CA has not only improved water supply reliability,but has also helped to reduce
wastewater discharge into the fragile Bay-Delta ecosystem."
The Western Water Recycling and Drought Relief Act is co-sponsored by Reps.John Garamendi(CA-03),Jared
Huffman(CA-02),Jackie Speier(CA-14)and Eric Swalwell(CA-15),and has been endorsed by a number of
stakeholders,including:
Jayne Strommer.Executive Director,Western Recycled Water Coalition
"Our Western Recycled Water Coalition members have invested in projects that will provide critical water supplies
across their communities for agriculture,industry,municipal facilities,and augmenting potable water supplies.This
timely legislation will allow a federal funding partnership for coalition members to leverage local and state funds for
project construction."
Pete Lonemire,Board Chair,Delta Diablo
"This investment in critical infrastructure will boost economic development,support more than 10,000 jobs and
provide reliable water supplies across.industries and communities.We greatly appreciate how Congressman
McNerney continues to be a steadfast champion for sustainable water solutions."
List of 23 Water Recycling Projects
Benicia Water Reuse Project
Brentwood Recycled Water Project
Central Dublin Recycled Water Distribution and Retrofit Project
Central Redwood City Recycled Water Project
City of Pleasanton Recycled Water Project
Concord Recycled Water Project
Contra Costa County Refinery Recycled Water Project,Phase 1
Delta Diablo Recycled Water Expansion Project
Delta Diablo High Purity Water Treatment Facility
Dublin and San Ramon Recycled Water Expansion Project
Hayward Recycled Water Project
Ironhouse Sanitary District Cypress Recycled Water Project
Ironhouse Sanitary District Industrial Recycled Water Project
Ironhouse Sanitary District Direct Potable Reuse Project
Mountain View Recycled Water System Expansion
North Valley Regional Recycled Water Project
Palo Alto Recycled Water Pipeline Project
Pure Water Monterey a Groundwater Replenishment Project
San Jose Water Company Recycled Water Project
Sunnyvale Continuous Recycled Water Production Project
Waikoloa Beach Resort Wastewater Reclamation Facility Expansion Project
West Bay Sanitary District Recycled Water Project
Wolfe Road Recycled Water Project
Rep.Jerry McNerney proudly serves the constituents of California's 9th Congressional.District that includes
portions of San Joaquin, Contra Costa, and Sacramento Counties. For more information on Rep.McNerney's
work,P11ow hint on Facehook and on Twitter @.RepM(.-JVertt.ey