HomeMy WebLinkAbout07. Update on pending legislative matters Page 1 of 6
Item 7.
CENTRAL SAN BOARD OF DIRECTORS
' POSITION PAPER
MEETING DATE: MAY 17, 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
Roger S. Bailey Kenton L. Alm
General Manager District Counsel
ISSUE
In 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
May 17, 2018 Regular Board Meeting Agenda Packet- Page 60 of 534
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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
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 Item Number 12:
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. Central San Legislative Priority Tracking Sheet
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Central San 2018 Priority Legislative Tracking Sheet
as of 5/10/18
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 Supp o 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.
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Central San 2018 Priority Legislative Tracking Sheet
as of 5/10/18
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 Id 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 reeernmending hand
washing. 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.
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Central San 2018 Priority Legislative Tracking Sheet
as of 5/10/18
7 State Chiu AB 3037 Community would establish a new version of redevelopment agencies CSDA- Oppose Unless pposed Unless 05/03/18 4/25 passed out of Asm Local Gov't Committee -
(re-termed redevelopment housing and infrastructure
Redevelopmen agencies). 1. Uses the Enhanced Infrastructure Financing Amended. Amended now on to Appropriations. 4/11 passed out of Asm
t Law of 2018 District(EIFD)law as a model in many ways; however, like Housing and Community Development Committee.
former RDAs,the new redevelopment housing and AB 1792 Fraiser spot bill is similar. Set for hearing
infrastructure agencies do not require voter approval and on 4/25/18 in Asm Local Gov't Committee.
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 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.
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Central San 2018 Priority Legislative Tracking Sheet
as of 5/10/18
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.
12 State Reyes AB 2613 Failure to Pay 05/17/18 5/2/18 In ASSEMBLY Committee on
Wages: Makes an employer, or other person acting APPROPRIATIONS: To Suspense File.
Penalties individually or as an officer, agent, or
employee of another person, who fails to pay
or causes a failure to pay specified wages of
each employee, subject to a penalty payable
to each affected employee, per pay period
where the wages due are not paid on time.
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