HomeMy WebLinkAbout08. (Handout) CASA Fact Sheets on SB 229 and AB 967 8.
(Handout)
Central Contra Costa Sanitary District
November 2, 2017
TO: HONORABLE BOARD OF DIRECTORS
VIA: ROGER S. BAILEY, GENERAL MANAGER
FROM: EMILY BARNETT, COMMUNICATIONS AND INTERGOVERNMENTAL
RELATIONS MANAGER
SUBJECT: CASA LEGISLATIVE FACTSHEETS ON SB 229 AND AB 967
On October 30, 2017, CASA distributed the following two factsheets that were part of
Central San's priority legislation tracking sheet provided to the Board during the 2017
Legislative Session. The factsheets offer important information as to the implementation
of these two bills which have now been Chaptered (become law) and will take effect on
January 1, 2018.
Attachment 1: CASA Legislative Factsheet on SB 229
Attachment 2: CASA Legislative Factsheet on AB 967
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What are the new laws?
Two bills designed to address California's housing crisis by making it easier for property owners to build
accessory dwelling units(ADUs) have been signed into law.Accessory dwelling units come in many shapes and
sizes,but are generally defined as attached or detached residential dwelling units which provide complete
independent living facilities for one or more persons.SB 1069 became law this year,and SB 229 was signed by
the Governor on October 8,2017.
Is my agency affected?
SB 1069 applied to"local agencies",defined as cities and counties.Because SB 1069 was adopted in 2016,the
requirements for cities and counties took effect on January 1,2017.SB 229 expanded the applicability of the
relevant provisions to include special districts.This change to incorporate special districts will take effect on
January 1,2018.
How does this new law impact my agency?
SB 229 and SB 1069 dealt with a wide variety of land use and permitting issues related to the approval of ADUs.
However,the provisions that pertain specifically to water and wastewater agencies are found in Government
Code section 65852.20.These provisions limit the circumstances and manner in which local agencies may
charge connection fees or capacity charges to their customers when ADUs are built.More specifically,the
legislation creates a dual system of regulating ADUs:
• If the unit is contained within the existing space of a single-family residence or accessory structure(i.e.adds no
new square footage),the local agency cannot impose a new connection fee or capacity charge.(Government
Code section 65852.2(f)(2)(A).)
• For all other ADUs,consistent with [Government Code]Section 66013,the local agency may still:(1) require a
new or separate utility connection directly between the accessory dwelling unit and the utility and(2)levy a
connection fee or capacity charge that is proportionate to the burden of the proposed accessory dwelling
unit,based upon either its size or the number of its plumbing fixtures.This fee or charge shall not exceed the
reasonable cost of providing this service.(Government Code section 65852.2(f)(2)(B).)
Are the laws retroactive?
No.As applied to special districts,the law becomes effective January 1,2018 and applies prospectively to how
agencies charge connection fees and capacity charges in future years.No refund of past connection fees or
capacity charges was contemplated under this bill.
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CASACalifornia Association of Sanitation Agencies•916.446.0388•www.casaweb.org•2017
Does this impact how my agency charges for monthly wastewater service?
No.This bill only deals with the initial collection of connection fees and capacity charges for accessory dwelling
units.It does not impact your agency's ability to charge more for ongoing wastewater service to the property with
an ADU(consistent with existing law),or impose other requirements not otherwise prohibited under the legislation.
What about existing,illegal ADUs?
The legislation does not specify how to deal with existing ADUs that were not formally approved through
appropriate processes.We advise consulting your agency's legal counsel regarding the applicability of this law to
existing ADUs if the issue arises.
What about Prop 218 and Prop 26?
The issue of how to comply with these new connection fee/capacity charge requirements while maintaining
compliance with Propositions 218 and 26 was not resolved by the legislation,and is highly dependent on local
circumstances.Many local agency attorneys have expressed concern that it may be challenging to comply with
these new requirements while still meeting the agency's constitutional obligations of proportionality pursuant to
Propositions 218 and 26.We advise agencies with questions on this issue to discuss the relationship of this new
law to other existing obligations with your agency's legal counsel.
Does CASA have any additional resources on this issue?
Yes.CASA offered a panel on SB 1069 and SB 229 at its annual conference in August of 2017.The presentations
featured the perspectives of two attorneys familiar with the new legislation as well as a rate consultant familiar
with these matters.These materials are available at http://casaweb.org/calendar/speaker-presentations
What should my agency do in response to these new requirements?
As noted above,the answer to this question depends upon your local circumstances.The first step is to consult
your legal counsel about your agency's connection fee and capacity charge ordinance or policy to determine
whether it is in compliance with the new law.
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CASACalifornia Association of Sanitation Agencies•916.446.0388•www.casaweb.org•2017
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About AB 967 Accepting Hydrolysate as Hauled-In Waste For Direct Injection to an
AB 967(Gloria)was signed by Anaerobic Digester
Governor Brown in 2017 and Acceptance of hydrolysate is voluntary.The decision to accept it as hauled-
becomes law on January 1,2018 in waste is at the discretion of each individual wastewater agency.If your
(Chapter 846,Statutes of 2017). agency decides to accept hydrolysate as hauled-in waste,the following
The bill authorizes the practice conditions must be met:
of liquid cremation of human
• A licensed hydrolysis facility(LHF)must ensure that hydrolysate is transported to
remains.Provisions of the law
address the disposal of the the wastewater treatment plant by a state-licensed biomaterials handler.
alkaline hydrolysis effluent A LHF must ensure that hydrolysate is transported to a POTW,licensed industrial
(hydrolysate),which may be anaerobic digestion facility,waste-to-energy,or biomass facility for the
hauled-in to a wastewater beneficial use or disposal of the hydrolysate(via anaerobic digestion).
treatment plant for co-digestion.
• If a licensed industrial digestion facility,waste-to-energy,or biomass facility
The bill also alternatively
agrees to accept hauled-in hydrolysate from a LHF,and they have an industrial
prescribes the conditions for
process sewer connection,they must obtain permission to accept the material
permitting a licensed hydrolysis
from the POTW(control agency)who services the disposal facility.
facility to discharge hydrolysate
into the sewer system. Acceptance of Hydrolysate Discharges Through the Sewer System
The provisions relating to AB 967 gives explicit discretion to wastewater agencies to either prohibit
disposal of hydrolysate,which or allow disposal of hydrolysate via the sewer system based on their
specifically impact wastewater community's needs.
agencies,are included in the
• The acceptance of hydrolysate discharges into the sewer system is voluntary
California Business and
Professions Code,Section 4.
and discretionary.Each agency can determine the appropriateness of these
Article 2.7(commencing with discharges into their systems as they see fit.
Section 7639). Agencies can prohibit hydrolysate discharges for any reason,including for
public perception reasons or other issues outside of the scope of pretreatment
program requirements.
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CASACalifornia Association of Sanitation Agencies•916.446.0388•www.casaweb.org•2017
If an agency chooses to authorize this type of discharge,hydrolysate may be
disposed of in the sewer system by a LHF if all of the following conditions are met:
• The entity that provides wastewater treatment and disposal (control agency)to the
LHF expressly authorizes the disposal of hydrolysate into the sewer collection system.
• In the case that the LHF is serviced by a collection system that issues discharge
permits,authorization from both the collection system and control agency is required.
• A LHF that has secured the necessary permits must comply with all local
ordinances,pretreatment requirements,permitting requirements,waste discharge
requirements,and all other applicable federal,state,and local laws,ordinances and
regulations governing the protection of water quality and public health,the
promotion of water recycling,and discharge into the sewer system.
• The LHF must demonstrate compliance as determined by the authorizing agency.
At a minimum,the bill requires the LHF to be subject to annual water quality
compliance testing.Specific compliance requirements are to be determined by
the authorizing agency.
Considerations for Your Pretreatment Program
While AB 967 was being considered by the Legislature,the funeral industry
estimated that between 10-15 commercial biocremation facilities will apply
for licensure in 2018.All of these facilities will be seeking authorization to use
one of the two available disposal methods.
• Agencies may wish to review their pretreatment ordinances to address
requirements for hydrolysate disposal in their systems.
• Agencies that decide to prohibit these types of discharges into their systems
may wish to review and/or revise their pretreatment ordinances to reflect
that determination.
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CASACalifornia Association of Sanitation Agencies•916.446.0388•www.casaweb.org•2017