HomeMy WebLinkAbout15. Legislative update Page 1 of 10
Item 15.
-- I
Central Contra Costa Sanitary District
June 7, 2018
TO: HONORABLE BOARD OF DIRECTORS
FROM: EMILYBARNETT, COMMUNICATION SERVICES AND
INTERGOVERNMENTAL RELATIONS MANAGER
REVIEWED BY: KENTON L. ALM, DISTRICT COUNSEL
ROGER S. BAILEY, GENERAL MANAGER
SUBJECT: RECEIVE UPDATE ON PENDING LEGISLATIVE MATTERS
Staff have been working to communicate the Board of Director's positions on a number of priority bills for
Central San (Attachment 1). At the time of compiling the information for Central San's priority legislation for
the Board meeting, no action is being requested. Should a last minute change require Board input, staff
will provide the information at the Board meeting.
On May 22-23, 2018, staff participated in the California Special Districts Association Legislative Days
Advocacy Conference in Sacramento, California. The conference discussed proposed legislation that
impacts special districts and provided for legislative office visits representing Central San's service area.
In addition, staff has been communicating Central San's position on priority legislation through a variety of
methods including recent advocacy letters (Attachment 2).
The Board requested additional information related to the upcoming water infrastructure bond measures.
There has been a significant amount of confusion from the public as these two bonds are both similarly
named. Staff has compiled a quick snapshot of each water related bond measure to provide the
differences between each measure (Attachment 3). Further information will be provided during a future
Board Meeting and presentation.
Strategic Plan re-In
GOAL ONE: Provide Exceptional Customer Service
Strategy 1 - Foster Customer Engagement and Awareness
ATTACHMENTS:
1. Central San Priority Legislation Tracking Sheet
June 7, 2018 Regular Board Meeting Agenda Packet- Page 395 of 446
Page 2 of 10
2. Central San recent advocacy letters
3. 2018 Water Bonds Comparison Sheet
June 7, 2018 Regular Board Meeting Agenda Packet- Page 396 of 446
Page 3 of 10
Central San 2018 Priority Legislative Tracking Sheet
as of 5/30/18
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 Support 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 Supporl 2/21 R 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 Support '/30/ Introduced in Senate Committee on
AR), Co-Author (Identical bill to and Clean and Innovation Act of 2014; provides to state Environment and Public Works
Feinstein (D-CA) H.R. 4902) Water Loans infrastructure financing authorities additional
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.
June 7, 2018 Regular Board Meeting Agenda Packet- Page 397 of 446
Page 4 of 10
Central San 2018 Priority Legislative Tracking Sheet
as of 5/30/18
5 State Wieckowski SB 831, Similar ADUs update Would prohibit the imposition of any fees, Watch: CASA, ACWA, Oppose 03/15/18 Watch 5/30/18 Passed Senate. 5/22/18 Set for hearing in
bills AB 2890 including connection or capacity fees, for the CSDA on 5/3/18 Senate Appropriations. 4/25/18 Author has agreed
Ting and SB construction of an accessory dwelling unit. SUPPORT: Bay Area Oppose on to remove language eliminating fee authority for
1469 Skinner The bill is attached for your review. Council (sponsor); Bay 3/15/18 water/ww connection and capacity charges to fall
Area Rapid Transit in line with last year's ADU agreement. 4/17/2018
(BART); California Central San sent opposition letter to the committee
Apartment Association; to register opposition to bill. CASA concerns:
California Association of Eliminating fee authority for one particular type of
Realtors; California residential construction is contrary to our
Building Industry obligations to assess proportional fees under
Association (CBIA); Propositions 218 and 26. It could lead to one
California Chamber of class of ratepayers subsidizing rates for another
Commerce; class, which is prohibited by Prop 218. Finally,
CASA believes that there has not been sufficient
time to evaluate the impact of the fee restrictions
agreed to in SB 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 4/30/18 in Assembly for third reading 4/18/18
Management: is more than a specified percentage of Waste - Support amendments remove recommendation to
Polyester polyester bear a conspicuous label stating handwash the clothing. Some BAPPG members
Microfiber that the garment sheds plastic microfibers suggesting support. 2/14/18 introduced.
when washed and Feeernmending 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.
June 7, 2018 Regular Board Meeting Agenda Packet- Page 398 of 446
Page 5 of 10
Central San 2018 Priority Legislative Tracking Sheet
as of 5/30/18
7 State Chiu AB 3037 Community would establish a new version of redevelopment agencies CSDA- Oppose Unless Opposed Unless 05/03/18 OrOpposed 5/25/18 Held in Appropriations Committee. 4/30/18
(re-termed redevelopment housing and infrastructure
Redevelopmen agencies). 1. Uses the Enhanced Infrastructure Financing Amended. Amended Unless Passed second reading to third no amendments
t Law of 2018 District(EIFD)law as a model in many ways; however, like Amended since 4/26. 4/25 passed out of Asm Local Gov't
former RDAs,the new redevelopment housing and Committee - now on to Appropriations. 4/11
infrastructure agencies do not require voter approval and passed out of Asm Housing and Community
they are able to access the school/State share of the
property tax increment. Their access to the school/State Development Committee. AB 1792 Fraiser spot bill
share of the property tax increment requires approval from is similar. Set for hearing on 4/25/18 in Asm Local
the California Department of Finance and will be capped at Gov't Committee.
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 Support 5/29/18 In Senate - to Special Consent Calendar
Protection to adopt and implement a Statewide due to lack of opposition. 5/22/18 hearing set in
Council: Microplastics Strategy relating to microplastic Senate Appropriations. 4/24/18 Passed from
Statewide materials that pose an emerging concern for Senate Committee on Natural Resources and
Microplastics ocean health and that includes specified Water 9-0. 4/18 Passed from Senate Committee
Strategy components, to the extent funds are on Envornmental Quality Committee 7-0 . Only in
available from bonds or other sources. print on 4/11/18. Gut and amend. Hearing set for
4/18/2018 at 9:30AM in Senate Environmental
Quality Committee.
9 State Ting AB 2065 Local Expands the definition of local agency to CSDA- Oppose Unless 05/03/18 5/25/18: Held in Assembly Appropriations
Agencies: include sewer, water, utility, and local and Amended. Committee. 5/15/18 Letter signed by Central San
surplus land regional park districts, joint powers GM to oppose. 5/2/18 In Assembly Appropriations
authorities, successor agencies to former on Suspense file. 4/16/18 Read second time and
redevelopment agencies, housing authorities, amended. Re-referred to Appropriations
and other political subdivisions of this state Committee.
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.
June 7, 2018 Regular Board Meeting Agenda Packet- Page 399 of 446
Page 6 of 10
Central San 2018 Priority Legislative Tracking Sheet
as of 5/30/18
10 State Daly AB 2003 Public Currently, Sanitation Districts are required to Orange County Support 05/03/18 Support 5/16/18 Author removed bill - Orange Co.
contracts: post bid notices over a certain amount in a Sanitation District Sanitation will look to try again in 2019 Legislative
sanitation print newspaper of general circulation. These sponsored legislation. gpgqir)n 5/9/18 at 1:30 heard in Asm Local
districts: notice costs can be quite large, and bids for local CASA - Support, CSDA- Governement Committee. Orange County San
wastewater projects generally do not come Support estimates approximately $500,000 in savings over
from print newspaper adds. This bill would 10 years should bill pass.
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 Supp 4/30/18 In Assembly Local Gov't Committee.
Districts: maintain an Internet Web site that clearly Legislation 4/23/18 In Senate: Read third time. Passed on 38-
Internet Web lists contact information for the special 0 vote to Asm. 4/17/18 Read second time -
Sites district. Senate. 4/16/18 passed out of Senate
Appropriations on 7-0 vote. 3/22/18 Central San
Letter of Support sent - CSDA Call to Action
12 State Reyes AB 2613 Failure to Pay 05/17/18 5/29/18 In Assembly for third reading. 5/11/18
Wages: Asked CASA to add to their bill tracking list -
Penalties Makes an employer, or other person acting Watch. 5/2/18 In Assembly Committee on
individually or as an officer, agent, or Appropriations: To Suspense File.
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.
June 7, 2018 Regular Board Meeting Agenda Packet- Page 400 of 446
Page 7 of 10
Central Contra Costa Sanitary District
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public health and the envii-onment 5019 In7hoff Place, Martinez, CA 94553-4392
PHONE:(925)228-9500
FAX:(925)676-7211
www.centralsan.org
ROGER S BAILEY
May 15, 2018 General Manager
KENTON L ALM
Counsel for the Distnct
The Honorable Phil Ting (510)808-2000
California State Assembly KATIE YOUNG
Secretary of the District
State Capitol Building
Sacramento, CA 95814
RE: Assembly Bill 2065 (Ting)—Oppose Unless Amended [As Amended April 16, 2018]
Dear Assembly Member Ting:
The Central Contra Costa Sanitary District (Central San) respectfully opposes AB 2065, which
would require special districts to offer their land for development before leasing their property.
Central San 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, and over 1,500 miles of sewer lines, a Household Hazardous Waste
Collection Facility, 13 pharmaceutical collection bins, and commercial and residential recycled
water fill stations.
AB 2065 requires special districts and other local agencies to offer the right of first refusal to
affordable housing developers, schools, and parks before selling, leasing, or otherwise conveying
their land. The new requirements in the bill would be very problematic for many public agencies that
have valid reasons to lease or otherwise protect land they own, such as buffer land surrounding a
wastewater treatment plant.
Under AB 2065, attempting to lease land in support of a special district's governmental function
would trigger the requirements for the disposal of surplus land. As written, AB 2065 would require
special districts to offer up property which may be incompatible for use for housing, schools, or
parks. AB 2065 would also make it more difficult to protect a district's land for a future governmental
use.
Wastewater treatment plants, such as the one Central San operates, requires the processing of
raw sewage, which by its nature has associated odors. The placement of low income housing,
schools, or parks near such a facility would be an incompatible use. Furthermore, it raises
possible environmental justice issues, by siting residential homes or schools adjacent to a raw
sewage treatment plant and household hazardous waste collection facility. Additionally. as with
any utility operation, Central San's property is vital to meet future regulations, upgrade/expand
facilities to maintain service reliability and serve future growth, and comply with emergent
regulations. Lastly, AB 2065 further restricts Central San's ability to utilize its own property to
offset customer rates through the collection of lease and rent revenues that align with
compatible uses.
June 7, 2018 Regular Board Meeting Agenda Packet- Page 401 of 446
Page 8 of 10
Assembly Bill 2065 (Ting) —Oppose Unless Amended [As Amended April 16, 2018]
May 15, 2018
Page 2
We respectfully request AB 2065 be amended to limit the scope of the bill to the sale of surplus
land and not include property for lease. Our opposition is not a challenge to the need for
affordable housing, but a validation of the need for local flexibility when it comes to proper
governmental land use management.
For these reasons, Central San respectfully opposes AB 2065 unless amended.
cerely,
II
J�
Roger S. Bailey
General Manager
Central San
CC: Allison Lim, Office of Assembly Member Phil Ting [Allison.lim@asm.ca.gov]
The Honorable Catharine Baker
The Honorable Tim Grayson
The Honorable Steve Glazer
Rylan Gervase, Legislative Representative, California Special Districts Association
[rylang@csda.net]
June 7, 2018 Regular Board Meeting Agenda Packet- Page 402 of 446
Page 9 of 10
Central Contra Costa Sanitary District
PHONE:(925)228-9500
FAX.-(925)(,7(-7211
May 4, 2018 wsm.crnlralsan.org
ROGI:RS BAILEY
General Manager
The Honorable Tom Daly
KLNI'ON L Al.M
California State Assembly Cnanceljnr(hcDstrict
State Capitol Building, Room 3120 (510)808-2000
Sacramento, CA, 92429 KA IIF YOUNG
Secrerar),rJ dm District
RE: Support AB 2003 (Daly) Public Contracts: Sanitation Districts: Notice
Dear Assemblymember Daly,
On behalf of the Central Contra Costa Sanitary District (Central San), I am writing in support
of AB 2003 (Daly), which would provide sanitation districts with greater flexibility in the
methods used to inform contractors about public construction opportunities.
AB 2003 (Daly) will expand the allowable public notification methods for construction bids to
include internet websites, radio, television or other media as bid advertising platforms.
Sanitation District public contracting code currently requires Districts that are expending over
$35,000 for construction work to advertise, at least twice, in a newspaper of general
circulation. This section of code was passed in 1984 and is outdated and in need of an update.
Newspaper publications may not be the most effective method of public notification, as bid
advertising is largely conducted through online bid advertising platforms. Throughout the last
30 years, there have been significant advances in technology that have improved both the
efficiency and effectiveness of bid advertising. We support adding flexibility into the public
contracting code to allow sanitation districts to expand outreach efforts with innovative and
potentially more effective methods to provide notice to potential bidders.
This bill will create a more efficient and effective bid construction process. Additionally, this
bill will ensure that appropriate notice is provided to the construction industry and will maintain
transparency with public agency construction bid opportunities.
For these reasons, the Central San strongly supports AB 2003.
erely,
'..3 n L
Roger S. Bailey
General Manager
®Recycled Paper
June 7, 2018 Regular Board Meeting Agenda Packet- Page 403 of 446
2018 Water Bond Measures Comparison 5/31/18
Approved For
Proposition Election Cycle Type Revenues Raised Ballot Summary
Proposition 68 June 2018 Bond $4,000,000,000 Yes via Legislation Authorizes $4 billion in general
Parks, (Primary Election) Measure obligation bonds for: parks, natural
Environment, and resources protection, climate
Water Bond adaptation, water quality and supply,
and flood protection. Fiscal Impact:
Increased state bond repayment
costs averaging $200 million annually
over 40 years from general tax
revenues. Local government savings
for natural resources-related projects,
likely averaging several tens of
millions of dollars annually over the
next few decades.
Water Supply and November 2018 Bond $8,877,000,000 Yes via Signature Authorizes $8.8 billion in general
Water Quality Act (General Election) Measure Collection obligation bonds for safe drinking
of 2018 water, Sustainable Groundwater
Management (SGMA)
implementation, watershed
restoration, fish and wildlife habitat
conservation, infrastructure repair,
and many other water management
programs including: $750 million for
safe drinking water and wastewater
treatment for disadvantaged
communities and $400 million for
wastewater recycling. There is
currently no data available on the
repayment costs to the State.
June 7, 2018 Regular Board Meeting Agenda Packet- Page 404 of 446