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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 Page 2 of 6 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 May 17, 2018 Regular Board Meeting Agenda Packet- Page 61 of 534 Page 3 of 6 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. May 17, 2018 Regular Board Meeting Agenda Packet- Page 62 of 534 Page 4 of 6 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. May 17, 2018 Regular Board Meeting Agenda Packet- Page 63 of 534 Page 5 of 6 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. May 17, 2018 Regular Board Meeting Agenda Packet- Page 64 of 534 Page 6 of 6 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. May 17, 2018 Regular Board Meeting Agenda Packet- Page 65 of 534