HomeMy WebLinkAbout19. Legislative Update Page 1 of 11
Item 19.
CENTRAL SAN BOARD OF DIRECTORS
' POSITION PAPER
MEETING DATE: MAY 3, 2018
SUBJECT: RECEIVE UPDATE ON PENDING LEGISLATIVE MATTERS AND
POTENTIAL BALLOT PROPOSITIONS AND PROVIDE DIRECTION ON
PRIORITY LEGISLATION
SUBMITTED BY: INITIATING DEPARTMENT:
EMILY BARNETT, COMMUNICATIONS AND ADMINISTRATION-COMM SVCS AND
INTERGOVERNMENTAL RELATIONS INTERGOV REL
MANAGER
ISSUE
I n accordance with Board Policy No. BP 026 — Legislative Advocacy, the Board may provide direction to
staff on positions related to priority legislation. The 2018 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 and other attachments of interest. At this
meeting, staff is recommending that the Board take action or provide direction on the priority legislation
listed on the Priority Legislative Tracking Sheet based on staff recommendations listed in the Board
Legislative Summary Table.
ALTERNATIVES/CONSIDERATIONS
May 3, 2018 Regular Board Meeting Agenda Packet- Page 188 of 225
Page 2 of 11
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 Numbers 7-11:
1. Adopt staff recommended position(s) on the priority legislation; or
2. Adopt a different position on one or more pieces of the priority legislation; or
3. Take no action.
Strategic Plan Tie-In
GOAL ONE: Provide Exceptional Customer Service
Strategy 1 - Foster Customer Engagement and Awareness
ATTACHMENTS:
1. 2018 Central San priority legislation tracking sheet as of 4/26/18
2. Central San Letter in Opposition of SB 831
3. Central San Letter in Support of SB 929
4. AB 3037 Coalition Letter 4/19/2018
May 3, 2018 Regular Board Meeting Agenda Packet- Page 189 of 225
Page 3 of 11
Central San 2018 Priority Legislative Tracking Sheet
as of 4/26/18
Federal/ Also Known Industry. Position Date of Board
Author Legislation Summary Organization(s) Priority Recommended by Board Notes
State As List/Position Staff Direction Decision
1 Federal President President's Protect Cuts to The President's FY19 budget request WateReuse - oppose 03/15/18 Oppose 3/6/18 - Call to action received by WateReuse to
FY19 budget Title XVI and included an over 90% cut to the Bureau of cuts sign onto WateReuse multiagency letter by COB
request Increase Reclamation's Title XVI water reuse program March 12. WateReuse Association is asking
funding for from $34.5M in FY17 to $3M. Title XVI is the Congress to reject these cuts and provide at least
WaterSMART only federal program that specifically level funding for Title XVI in FY19. Letter deadline
and Title XVI supports water recycling efforts. The for House is March 16 and Senate is March 30.
programs program has invested $692 million in direct
federal spending while leveraging at least an
additional $2.07 billion of local investment to
provide a sustainable long-term reliable
supply of water for residents and businesses
in the West.
2 Federal Napolitano (D- H. R. 5127 Water Establishes a grant program for the funding Western Recycled Water Support 03/15/18 3/6/18 In House Committee on Natural Resources:
32) Los Angeles Recycling of water recycling and reuse projects. Coalition - Support, Referred to Subcommittee on Water, Power and
area, Co-author Investment WateReuse - Support Oceans. Introduced on 2/27/18. In both House
DeSaulnier (CA- and Committee on Natural Resources and Committee
11) Improvement on Transportation and Infrastructure
Act
3 Federal Katko (R-NY 24) H. R. 4902 Drinking Water Amends the Water Infrastructure Finance CASA - Support Support 03/15/18 Support 2/2/18 In House Committee on Science, Space
and Clean and Innovation Act of 2014; provides to state and Technology: Referred to Subcommittee on
Water Loans infrastructure financing authorities additional Environment. 1/31/18 Introduced and in House
opportunities to receive loans under that Act Committee on Transportation & Infrastructure:
to support drinking water and clean water Referred to Subcommittee on Water Resources
state revolving funds to deliver water and Environment.
infrastructure to communities across the
United States.
4 Federal Boozman (R- S. 2364 Drinking Water Amends the Water Infrastructure Finance CASA - Support Support 03/15/18 4/26/18 no new status updates. 1/30/18
AR), Co-Author (Identical bill to and Clean and Innovation Act of 2014; provides to state Introduced in Senate Committee on Environment
Feinstein (D-CA) H.R. 4902) Water Loans infrastructure financing authorities additional and Public Works
opportunities to receive loans under that Act
to support drinking water and clean water
state revolving funds to deliver water
infrastructure to communities across the
United States.
May 3, 2018 Regular Board Meeting Agenda Packet- Page 190 of 225
Page 4 of 11
Central San 2018 Priority Legislative Tracking Sheet
as of 4/26/18
5 State Wieckowski SB 831, Similar ADUs update Would prohibit the imposition of any fees, OPPOSE: CASA, CSDA, Oppose 03/15/18 Oppose 4/25/18 Author has agreed to remove language
bills AB 2890 including connection or capacity fees, for the ACWA, CSAC, League eliminating fee authority for water/ww connection
Ting and SB construction of an accessory dwelling unit. of Cities, CA Municipal and capacity charges to fall in line with last year's
1469 Skinner The bill is attached for your review. Utilities Association, ADU agreement. 4/17/2018 - Central San sent
CSUPPORT: Bay Area opposition letter to the committee to register
Council (sponsor); Bay opposition to bill. CASA concerns: Eliminating fee
Area Rapid Transit authority for one particular type of residential
(BART); California construction is contrary to our obligations to
Apartment Association; assess proportional fees under Propositions 218
California Association of and 26. It could lead to one class of ratepayers
Realtors; California subsidizing rates for another class, which is
Building Industry prohibited by Prop 218. Finally, CASA believes
Association (CBIA); that there has not been sufficient time to evaluate
California Chamber of the impact of the fee restrictions agreed to in SB
Commerce; 1069 in 2016 and SB 229 in 2017. For special
districts, the new ADU fee restrictions have only
been in effect for 2 months.
6 State Bloom AB 2379 Waste Requires that clothing made from fabric that Californians Against Support 03/15/18 Support 4/18/18 amendments remove recommendation to
Management: is more than a specified percentage of Waste - Support handwash the clothing. Some BAPPG members
Polyester polyester bear a conspicuous label stating suggesting support. 2/14/18 introduced.
Microfiber that the garment sheds plastic microfibers
when washed and recommending hand
Wig. Prohibits a person from selling or
offering for sale clothing made from fabric
that is more than a specified percentage
polyester that does not bear that label.
May 3, 2018 Regular Board Meeting Agenda Packet- Page 191 of 225
Page 5 of 11
Central San 2018 Priority Legislative Tracking Sheet
as of 4/26/18
7 State Chiu AB 3037 Community Would establish a new version of redevelopment CSDA - Oppose Unless Opposed Unless 05/03/18 4/25 passed out of Asm Local Gov't Committee -
Redevelopmen agencies (re-termed redevelopment housing and Amended. Amended now on to Appropriations. 4/11 passed out of Asm
t Law of 2018 infrastructure agencies). 1. Uses the Enhanced Housing and Community Development Committee.
Infrastructure Financing District (EIFD) law as a AB 1792 Fraiser spot bill is similar. Set for hearing
model in many ways; however, like former RDAs, the
new redevelopment housing and infrastructure on 4/25/18 in Asm Local Gov't Committee.
agencies do not require voter approval and they are
able to access the school/State share of the property
tax increment. Their access to the school/State
share of the property tax increment requires
approval from the California Department of Finance
and will be capped at a yet-to-be-determined
amount. 2. As with EIFDs, each affected taxing
entity(each special district and typically the county)
within the jurisdiction of the redevelopment agency
would be given one seat on the board of the
redevelopment agency; the city creating the agency
would have two seats total; there would also be two
public seats., 3. Similar to EIFDs and former RDAs,
the proposed redevelopment housing and
infrastructure agencies would require a certain
percentage of all revenue to go toward affordable
housing projects. The current draft requires 30
percent, which is more than what EIFDs and former
RDAs were required to set aside. 4. Unlike former
RDAs, the stated intent is to keep affected taxing
entities (special districts and counties)"whole" in
terms of property tax revenue. The bill attempts to
achieve this by establishing a "passthrough"
equivalent to the amount of property tax increment
diverted from the county and special districts. The
passthrough is primarily funded with ERAF dollars.
8 State Portantino SB 1263 Ocean Requires the State Ocean Protection Council CASA - Sponsored Leg Support 05/03/18 4/24/18 Passed from Senate Committee on
Protection to adopt and implement a Statewide Natural Resources and Water 9-0. 4/18 Passed
Council: Microplastics Strategy relating to microplastic from Senate Committee on Envornmental Quality
Statewide materials that pose an emerging concern for Committee 7-0 . Only in print on 4/11/18. Gut and
Microplastics ocean health and that includes specified amend. Hearing set for 4/18/2018 at 9:30AM in
Strategy components, to the extent funds are Senate Environmental Quality Committee.
available from bonds or other sources.
9 State Ting AB 2065 Local Expands the definition of local agency to CSDA- Oppose Unless 05/03/18 4/16/18 Read second time and amended. Re-
Agencies: include sewer, water, utility, and local and Amended. referred to Appropriations Committee.
surplus land regional park districts, joint powers
authorities, successor agencies to former
redevelopment agencies, housing authorities,
and other political subdivisions of this state
and any instrumentality thereof that is
empowered to acquire and hold real
property, thereby requiring these entities to
comply with the requirements for the disposal
of surplus land.
May 3, 2018 Regular Board Meeting Agenda Packet- Page 192 of 225
Page 6 of 11
Central San 2018 Priority Legislative Tracking Sheet
as of 4/26/18
10 State Daly AB 2003 Public Currently, Sanitation Districts are required to Orange County Support 05/03/18 5/9/18 at 1:30 heard in Asm Local Governement
contracts: post bid notices over a certain amount in a Sanitation District Committee. Orange County San estimates
sanitation pdat newspaper of general circulation. These sponsored legislation. approximately $500,000 in savings over 10 years
districts: notice costs can be quite large, and bids for local CASA - Support, CSDA - should bill pass.
wastewater projects generally do not come Support
from print newspaper adds. This bill would
instead require the notice to be published in
a manner that the district board determines
to be reasonable, which may include, but is
not limited to, newspapers, Internet Web
sites, radio, television, or other means of
mass communication.
11 State McGuire SB 929 Special Requires every independent special district to CSDA- Sponsored Support 05/03/18 4/23/18 In Senate: Read third time. Passed on 38-
Districts: maintain an Internet Web site that clearly Legislation 0 vote to Asm. 4/17/18 Read second time -
Internet Web lists contact information for the special Senate. 4/16/18 passed out of Senate
Sites district. Appropriations on 7-0 vote.
May 3, 2018 Regular Board Meeting Agenda Packet- Page 193 of 225
Page 7 of 11
Central Contra Costa Sanitary District
Protecting public health and the environment 5019 Imhoff Place, Martinez, CA 94553-4392
PHONE:(925)228-9500
FAX:(925)676-7211
April 17, 2018 x nt,centralsan.org
ROGER S.BAILEY
General h/anager
The Honorable Mike McGuire, Chair KENTONL.ALAI
Senate Governance and Finance Committee cou,trelJorthe 0
(5/0)SO8-20-20 00
State Capitol, Room 408
KATIE YOUNG
Sacramento, CA 95821 Secremn oftheDistrict
RE: SB 831 (Wieckowski): Accessory dwelling units—OPPOSE
Dear Senator McGuire:
The Central Contra Costa Sanitary District (Central San) opposes SB 831 (Wieckowski), which
prohibits local governments from assessing fees for the construction of accessory dwelling units
(ADUs).
SB 831 would eliminate the ability for public agencies like ours to charge impact fees,
connection fees, capacity charges, or any other fees for the new construction of an accessory
dwelling unit. This proposal would require a public water or wastewater agency to provide
service to a new residential unit yet preclude the agency from assessing charges that account
for the proportional burden the new unit imposes on the public infrastructure. This means the
burden to pay those costs falls on other ratepayers. This type of subsidization, where an ADU
does not pay for its proportionate share or burden on the system is prohibited by the California
Constitution.
Public agencies like ours have been revising their local ordinances for the past two years to
come in to compliance with the new statutes adopted under SB 1069 in 2016, and under SB
229 in 2017. The new laws restructuring and restricting fees for accessory dwelling units
established under these bills have been in effect for only three months. There has not been
sufficient time to evaluate the implications of the new fee restrictions for ADU construction in this
short time span.
For these reasons, Central San respectfully opposes SB 831 and asks for your no vote. Thank
you for your consideration of our concerns.
Sincerely,
Ann Sasaki
Deputy General Manager
®Recycled Paper
May 3, 2018 Regular Board Meeting Agenda Packet- Page 194 of 225
Page 8 of 11
Central Contra Costa Sanitary District
PHONE:O25)228-9500
rAX-(925)676-7211
www.ceniralsaa.org
March 22, 2018
ROGER s.aAu.rr
General Manager
KENTON L.AIM
The Honorable Mike McGuire Counsel(j10)88-20 0
(slo)jos-2000
State Capitol
KATIE YOUNG
1303 10th Street, Room 5061 Secretary ajdte District
Sacramento, CA 95814
RE: Senate Bill 929 (McGuire) — Support [as amended March 6, 2018]
Dear Senator McGuire:
On behalf of the Central Contra Costa Sanitary District (Central San), I am writing to
support Senate Bill 929 (McGuire), which would require that all special districts maintain a
website. Central San, established in 1946, provides wastewater collection and treatment
services to nearly 500,000 residents and more than 3,000 businesses in the East San
Francisco Bay Area. Within its 145 square mile service area, Central San operates a 54
million gallon-per-day capacity treatment plant, 18 pumping stations, over 1,500 miles of
sewer lines, a household hazardous waste collection facility, and provides both
commercial and residential recycled water programs. Special districts like ours provide
millions of Californians with essential local services and infrastructure. Communities form
special districts when there is a service the community needs, the community wants that
service done well, and the community wants local control over that service. As local
service providers, few agencies in the state are as impactful on the day-to-day lives of
Californians.
Although Central San operates and maintains a robust website affording the greatest level
of transparency to our customers, we realize not all special districts may have the same
level of information or a working website. SB 929 will help provide a standardization for
special district websites and the minimal level of information to be incorporated on the
websites. SB 929 will help provide the public with greater access to special district
services, and greater transparency and accountability of the governing bodies who
oversee them.
Specifically, SB 929 would require that, by 2020. every independent special district must
have a website. The sites will meet existing local agency website requirements including: a
link to the district's meeting agendas, Financial Transaction Reports, and Compensation
Reports, as well as a copy of the district's enterprise systems catalog. The bill will also
ensure the sites contain contact information for the district. SB 929 will provide an
exemption for small districts that cannot comply due to hardships such as lacking
broadband access, or the necessary finances or staff to construct and maintain a website.
May 3, 2018 Regular Board Meeting Agenda Packet- Page 195 of 225
Page 9 of 11
SB 929 (McGuire) Special Districts: Internet Web sites— Support [as amended March 6, 2018]
March 22, 2018
Page 2
We believe that special districts are the most local form of government, and we are
committed to empowering our community to engage in its government. The increased
transparency provided by SB 929 is consistent with our Central San's outreach efforts, and
making information more widely available on the Internet will improve public awareness
and access to special district services in our community.
For these reasons, the Central San encourages you to support Senate Bill 929 (McGuire).
c rely,
Roger S. Bailey
General Manager
cc: The Honorable Mike McGuire
The Honorable Steve Glazer
Dillon Gibbons, California Special Districts Association
May 3, 2018 Regular Board Meeting Agenda Packet- Page 196 of 225
Page 10 of 11
0
April 19, 2018
The Honorable David Chiu
Member, California State Assembly
State Capitol Building, Room 4112
Sacramento, CA 95814
RE: Assembly Bill 3037 (Chiu). Community Redevelopment Law of 2018.
Oppose Unless Amended —As Amended March 19, 2018
Hearing Date: April 25, 2018 —Assembly Local Government Committee
Dear Assembly Member Chiu:
On behalf of the California State Association of Counties (CSAC), California
Professional Firefighters (CPF), California Special Districts Association (CSDA),
Urban Counties of California (UCC), and the County of Santa Clara, we write in
respectful opposition to your Assembly Bill 3037, unless amended to ensure local
agencies that are not willfully contributing their property tax increment to a
Redevelopment Housing and Infrastructure Authority (RHIA) are made whole for
the revenue diversion away from critical local services and infrastructure.
We are grateful for the opportunities to discuss in detail our concerns with AB
3037. We believe there is a shared recognition of the need to preserve funding
streams for counties, special districts and, in some instances, cities that do not
chose to participate financially in a RHIA. Ideally, any economic development tool
that relies on property tax increment financing would have consent from the
taxing entities that are providing revenue to that effort. Absent consensual
participation and specific to the provisions of AB 3037, we respectfully request
the bill be amended to achieve the following:
1) Any pass-through mechanism returns the full amount of property tax
URBAN increment to the taxing entity from where it was derived in a manner that
COUNTIES is consistent with the general allocation of property tax revenues.
of 2) The County Auditor Controllers play a central role in determining
CALIFORNIA property tax allocations rather than a state agency or department. Auditor
Controllers have long held this responsibility and have the data and
expertise needed to carrying out these duties.
California's local agencies are responsible for providing essential services and
infrastructure to every corner of the state. From public safety to health and
• human services, water, libraries, and parks, nearly 40 million Californians depend
a upon local governments each and every day. Unfortunately, over the years,
growing fiscal constraints have hurt the ability to maintain and advance these
services. We believe firmly that additional threats to local agencies' revenue will
undermine California's resiliency as a state and its ability to prepare for, and
.' withstand, the next economic downturn.
law
continued
May 3, 2018 Regular Board Meeting Agenda Packet- Page 197 of 225
Page 11 of 11
AB 3037(Chiu)
Oppose Unless amended
Pg 2
We look forward to our ongoing collaboration and working in good faith to prevent non-
consenting agencies' property tax increment from being diverted for RHIA purposes. For these
reasons, we respectfully oppose AB 3037 unless amended to address the aforementioned
concerns. Please contact the undersigned with any questions regarding our position on this
measure.
Sincerely,
Dorothy Johnson, California State Association of Counties; (916) 650-8113
Anthony Tannehill, California Special Districts Association; (916)442-7887
Christy Bouma, California Professional Firefighters; (916) 227-2666
Jolena Voorhis, Urban Counties of California; (916) 327-7531
Michael Rattigan, County of Santa Clara; (916) 447-2868
cc: Lisa Engle, Chief Consultant, Assembly Housing and Community Development
Committee
May 3, 2018 Regular Board Meeting Agenda Packet- Page 198 of 225