HomeMy WebLinkAbout12. Legislative Update Page 1 of 14
Item 12.
CENTRAL SAN CENTRAL SAN BOARD OF DIRECTORS
POSITION PAPER
MEETING DATE: JULY5, 2018
SUBJECT: RECEIVE UPDATE ON PENDING LEGISLATIVE MATTERS AND
POTENTIAL BALLOT PROPOSITIONSAND PROVIDE DIRECTION ON
PRIORITY LEGISLATION
SUBMITTED BY: INITIATING DEPARTMENT:
EMILY BARNETT, COMMUNICATIONS AND ADMINISTRATION-COMM SVCS AND
INTERGOVERNMENTAL RELATIONS INTERGOV REL
MANAGER
REVIEWED BY: PHILIP R. LEIBER, DIRECTOR OF FINANCE AND ADMINISTRATION
ANN SASAKI, DEPUTY GENERAL 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.
July 5, 2018 Regular Board Meeting Agenda Packet- Page 137 of 195
Page 2 of 14
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
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
If applicable, take one of the following actions on Priority Legislative Tracking Sheet or another legislative
matter:
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 re-In
GOAL ONE: Provide Exceptional Customer Service
Strategy 1 - Build external customer relationships and awareness
ATTACHMENTS:
1. Central San Priority Legislation Tracking Sheet
2. Updated General Election Propositions Summary
3. Letter of Support SB 212 (Jackson)
July 5, 2018 Regular Board Meeting Agenda Packet- Page 138 of 195
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4. Letter of Support for NPDES Permit Extension
July 5, 2018 Regular Board Meeting Agenda Packet- Page 139 of 195
Page 4 of 14
Central San 2018 Priority Legislative Tracking Sheet
as of 6/28/18
Federal/ Industry Position Date of Boar
Author Legislation Also Known As Summary Organization(s) Priority Recommended by Board Notes
State List/Position Staff Direction Decision
1 Federal President President's Protect Cuts to The President's FY19 budget request WateReuse - oppose Opposed 03/15/18 OP uppMe m 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 funding Reclamation's Title XVI water reuse program March 12. WateReuse Association is asking
for WaterSMART from $34.5M in FY17 to $3M. Title XVI is the Congress to reject these cuts and provide at least
and Title XVI only federal program that specifically level funding for Title XVI in FY19. Letter deadline
programs supports water recycling efforts. The for House is March 16 and Senate is March 30.
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. 0 —1
2 Federal Napolitano (D- H. R. 5127 Water Recycling 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 Investment and of water recycling and reuse projects. Coalition - Support, Referred to Subcommittee on Water, Power and
area, Co-author Improvement Act WateReuse - Support Oceans. Introduced on 2/27/18. In both House
DeSaulnier (CA- Committee on Natural Resources and Committee
11) on Transportation and Infrastructure
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 Water and Innovation Act of 2014; provides to state and Technology: Referred to Subcommittee on
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 Introduced in Senate Committee on
AR), Co-Author (Identical bill to and Clean Water and Innovation Act of 2014; provides to state Environment and Public Works
Feinstein (D-CA) H.R. 4902) 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.
July 5, 2018 Regular Board Meeting Agenda Packet- Page 140 of 195
Page 5 of 14
Central San 2018 Priority Legislative Tracking Sheet
as of 6/28/18
5 State Wieckowski SB 831, Similar ADUs update Would prohibit the imposition of any fees, Watch: CASA, ACWA, Oppose 03/15/18 Watch SB 831 6/27/18 Heard Asm Local Gov't
bills AB 2890 including connection or capacity fees, for the CSDA on 5/3/18 Committee - remains in committee. AB 2890
Ting and &B- construction of an accessory dwelling unit. SUPPOt, : Bay Area Oppose on Passed Senate Governance and Finance
1469 Sk;nn„r The bill is attached for your review. ACWA Council (sponsor); Bay 3/15/18 Committee and now in Senate Appropriations.
(CQ s- proposed SB 831 edits: (b)AGGessor-y dwelling Area Rapid Transit 6/11/18 To Assembly Housing and Communty
dead) units and juni0F aeoessory dwelling units permitted (BART); California Development and Local Gov't Committees.
pursuant to this so,.+,on shall not be G sidered by Apartment Association; 5/30/18 Passed Senate. 5/22/18 Set for hearing in
a local
��+ +„agency, speeial, .,o,.,residential F ate f the California Association of Senate Appropriations. 4/25/18 Author has agreed
Gorpo „+,.-,Il.� a new
resi enti ng fees ...,.J e ffOF.r th Realtors; California to remove language eliminating fee authority for
development.„Poses For an accessory dwelling unit that ew Building Industry water/ww connection and capacity charges to fall
is not described in paragraph (1)or paragraph (2) Association (CBIA); in line with last year's ADU agreement 4/17/2018
of subdivision (a), a local agency, special district, California Chamber of Central San sent opposition letter to the committee
or water corporation may require a new or Commerce; to register opposition to bill. CASA concerns:
separate utility connection directly between the Eliminating fee authority for one particular type of
accessory dwelling unit and the utility. Consistent residential construction is contrary to our
with Section 66013, the connection may be obligations to assess proportional fees under
subject to a connection fee or capacity charge, or Propositions 218 and 26. It could lead to one
equivalent charge for new service that shall be class of ratepayers subsidizing rates for another
proportionate to the burden of the proposed
accessory dwelling unit, based upon either its size class, which is prohibited by Prop 218. Finally,
or the number of its plumbing fixtures, upon the CASA believes that there has not been sufficient
water or sewer system. This fee or charge shall time to evaluate the impact of the fee restrictions
not exceed the reasonable cost of providing this agreed to in SB 1069 in 2016 and SB 229 in 2017.
service. For special districts, the new ADU fee restrictions
have only been in effect for 2 months.
State Bloom AB 2379 Waste Requires that clothing made from fabric that Californians Against Support 03/15/18 Support 6/20/18 This bill is dead. 6/4/18 In Assembly. To
Management: is more than a specified percentage of Waste - Support inactive file (dormant) 4/30/18 in Assembly for
Polyester polyester bear a conspicuous label stating third reading. 4/18/18 amendments remove
Microfiber that the garment sheds plastic microfibers recommendation to handwash the clothing. Some
when washed and recommending hand BAPPG members suggesting support. 2/14/18
Wig. Prohibits a person from selling or introduced.
offering for sale clothing made from fabric
that is more than a specified percentage
polyester that does not bear that label.
July 5, 2018 Regular Board Meeting Agenda Packet- Page 141 of 195
Page 6 of 14
Central San 2018 Priority Legislative Tracking Sheet
as of 6/28/18
AB 3037 Community Would establish a new version of redevelopment agencies CSDA - Oppose Unless Opposed Unless 05/03/18 Opposed 6/8/18 This bill is dead. 5/25/18 Held in Assembly
Redevelopment
(,e-termed redevelopment housing and infrastructure
agencies). 1. Uses the Enhanced Infrastructure Financing Amended. Amended Unless Appropriations Committee. 4/30/18 Passed
a
Law of 2018 District(EIFD)law as a model in many ways; however, like Amended second reading to third no amendments since
former RDAs,the new redevelopment housing and 4/26. 4/25 passed out of Asm Local Gov't
infrastructure agencies do not require voter approval and Committee - now on to Appropriations. 4/11
they are able to access the school/State share of the
property tax increment. Their access to the school/State passed out of Asm Housing and Community
share of the property tax increment requires approval from Development Committee. AB 1792 Fraiser spot bill
the California Department of Finance and will be capped at is similar. Set for hearing on 4/25/18 in Asm Local
a yet-to-be-determined amount.2. As with EIFDs,each Gov't Committee.
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 Protection Requires the State Ocean Protection Council CASA- Sponsored Leg Support 05/03/18 Support 6/26/18 Passed out of Asm Enviro Safety and
Council: to adopt and implement a Statewide Toxic Materials Committee and now in Asm
Statewide Microplastics Strategy relating to microplastic ADDroDriations. 6/19/18 Authors amendments
Microplastics materials that pose an emerging concern for from Asm Water, Parks and Wildlife Committee.
Strategy ocean health and that includes specified 6/11/18 To Assembly Water, Parks & Wildlife and
components, to the extent funds are Enviro Safety & Toxic Materials Committees.
available from bonds or other sources. 5/31/18 PASSED Senate. 5/29/18 In Senate - to
Special Consent Calendar due to lack of
opposition. 5/22/18 hearing set in Senate
Appropriations. 4/24/18 Passed from Senate
Committee on Natural Resources and Water 9-0.
4/18 Passed from Senate Committee on
Envornmental Quality Committee 7-0 . Only in
print on 4/11/18. Gut and amend. Hearing set for
4/18/2018 at 9:30AM in Senate Environmental
QualitV Committee.
July 5, 2018 Regular Board Meeting Agenda Packet- Page 142 of 195
Page 7 of 14
Central San 2018 Priority Legislative Tracking Sheet
as of 6/28/18
9 State Ting AB 2065 Local Agencies: Expands the definition of local agency to CSDA - Oppose Unless Oppose 05/03/18 Oppose 6/8/18 This bill is dead. 5/25/18: Held in Assembly
surplus land include sewer, water, utility, and local and Amended. Appropriations C^mmittee. 5/15/18 Letter signed
regional park districts, joint powers by Central San GM to oppose. 5/2/18 In Assembly
authorities, successor agencies to former Appropriations on Suspense file. 4/16/18 Read
redevelopment agencies, housing authorities, second time and amended. Re-referred to
and other political subdivisions of this state Appropriations 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.
State Daly AB 2003 Public contracts: Currently, Sanitation Districts are required to Orange County Support 05/03/18 Support 5/16/18 Author removed bill - Orange Co.
sanitation post bid notices over a certain amount in a Sanitation District Sanitation will look to try again in 2019 Legislative
districts: notice print newspaper of general circulation. These sponsored legislation. Session. 5/9/18 at 1:30 heard in Asm Local
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 Districts: Requires every independent special district to CSDA - Sponsored Support 05/03/18 Support 6/27/18 Passed from Asm AppropriationE
Internet Web maintain an Internet Web site that clearly Legislation Committee 16-0. To consent calendar 6/13/18 In
Sites lists contact information for the special Assembly Appropriations Committee. 4/30/18 In
district. Assembly Local Gov't Committee. 4/23/18 In
Senate: Read third time. Passed on 38-0 vote to
Asm. 4/17/18 Read second time - 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 6/28/18 This bill is likelv dead. but staff will
Wages: Penalties continue to monito- 6/4/18 In Assembly. To
Makes an employer, or other person acting Inactive File. 5/29/18 In Assembly for third
individually or as an officer, agent, or reading. 5/11/18 Asked CASA to add to their bill
employee of another person, who fails to pay tracking list - Watch. 5/2/18 In Assembly
or causes a failure to pay specified wages of Committee on Appropriations: To Suspense File.
each employee, subject to a penalty payable
to each affected employee, per pay period
where the wages due are not paid on time.
July 5, 2018 Regular Board Meeting Agenda Packet- Page 143 of 195
Page 8 of 14
Central San 2018 Priority Legislative Tracking Sheet
as of 6/28/18
13 State Cervantes ACA 31 Public employee Prohibits an employee of a public employer CSDA - Oppose Oppose 06/07/18 6/21/18 To Asm Public Employees, Retirement
Constitutional salaries: limit from receiving an annual base salary or pay and Social Security Committee. 5/24/18 Sent to
Amendment rate that exceeds the salary of the Governor print - 3 printing days. 5/23/18 Introduced.
as established by the Citizens Compensation
Commission that is effective at the time the
employment contract is entered.
14 State Jackson and SB 212 Solid Waste: Establishes a pharmaceutical and sharps California Product Support 06/21/18 6/27/18 In Assembly. Coauthors revised.
Ting Pharmaceutical waste stewardship program, under which Stewardship Council - Language amendments in Aug after summer
and Sharps each manufacturer of covered drugs or Sponsored Legislation recess. 6/26/18 Passed out of Enviro Safety and
Disposal sharps, as defined, in the state would be Toxic Materials Committee and on to Asm
required to establish and implement, either Appropriations Committee. 6/19/18 Call-to-Action
on its own or as part of a group of covered request from CPSC for 6/19 only to have support
manufacturers through membership in a letter for Asm Enviro Safety and Toxic Materials
pharmaceutical and sharps waste Committee. Central San sent letter of support.
stewardship organization, a pharmaceutical Central San member of CPSC. 6/19/18 - Gut and
and sharps waste stewardship program. amend bill with new language in print on this day.
15 Federal Transportation Clean Water Act NPDES Permit The Clean Water Act requires publicly owned CASA - Sponsored Support 06/21/18 Support =6/27/18 Staff working on letter of support. 6/19/18
and term extensions clean water agencies to secure a permit to Legislative Amendments CASA has recently made ground on this issue
Infrastructure discharge highly treated wastewater and securing support of Congressmen Garamendi and
Committee serve their function of protecting the Lowenthal to raise issue and proposed CASA
environment and public health. National amendment language. CASA requests call to
Pollutant Discharge Elimination System action of Central San send letter of support to
(NPDES) permits expire five years from the Congressmember DeSaulnier in support of the
time of issuance by either a state or USEPA. amendment changes to 10-year permit.
This five-year renewal cycle results in
financial and technical burdens on local
agencies and the permitting authorities,
which must prepare and issue the permits.
Amendments of Clean Water Act, Section
402(b)(1)(B) would allow for ten (10) year
permit terms allowing adequate time to
comply with existing regulatory requirements
before imposition of new mandate(s).
July 5, 2018 Regular Board Meeting Agenda Packet- Page 144 of 195
November 6, 2018 General Election Qualified Propositions as of 6/10/18
Proponents/ Approved
Proposition Type Opponents Revenues Raised For Ballot Summary
Housing Loans, Bond Measure N/A $4,000,000,000 Yes via Authorizes $4 billion in general obligation bonds for
Grants, and Legislation housing-related programs, loans, grants, and projects and
Programs and housing loans for veterans.
Veteran's Loans
Bond
Water Supply Bond Measure Proponents: $8,877,000,000 Yes via Authorizes $8.8 billion in general obligation bonds for
and Water $2.21 M raisied by Signature safe drinking water, Sustainable Groundwater
Quality Act of CA Waterfowl Collection Management (SGMA) implementation, watershed
2018 Assoc, Ducks restoration, fish and wildlife habitat conservation,
Unlimited, and infrastructure repair, and many other water management
Water/Ag PAC programs including: $750 million for safe drinking water
and wastewater treatment for disadvantaged communities
and $400 million for wastewater recycling. Fiscal Impact:
State costs of$17.3 billion to pay off principal ($8.9
billion) and interest ($8.4 billion) on bonds over a 40-year
period. Annual payments would average $433 million.
Annual payments would be lower than this average in the
initial and final few years, and somewhat higher in the
intervening years. Varying fiscal effects on individual local
governments depending on specific projects undertaken,
amount of grants and loans received, and amount of local
cost-share required.
Limits on State Statue Proponents: N/A Yes via Initiative would require dialysis clinics to issue refunds to
Dialysis Clinics' Labor SEIU- Signature patients or patients' payers for revenue above 115
Revenue and UHW Collection percent of the the costs of(a) direct patient care, such as
Required Opponents: wages and benefits of non-managerial clinic staff who
Refunds statewide furnish direct care to patients and pharmaceuticals and
Initiative association of medical supplies, and (b) healthcare improvements, such
as staff training and patient education and counseling.
dialysis clinics Revenue earned above the 115 percent cap would need
to be refunded to patients or the patients' payers, such as
insurers, each year.
July 5, 2018 Regular Board Meeting Agenda Packet- Page 145 of 195
November 6, 2018 General Election Qualified Propositions as of 6/10/18
Three States State Statue Proponents: Tim N/A Yes via Initiative would propose dividing California into three
Initiative Draper - venture Signature states: California, Northern California, and Southern
capitalist Collection California. The people of each state would be
allowed to choose a different name for their state.
Fiscal Impact: Assuming this measure is approved
by voters and the federal government and allowed
by the courts, all tax collections and spending by the
existing State of California would end. California's
existing state assets and liabilities would be divided
among three new states. These states would make
their own decisions about state and local taxes and
spending.
Proposition 13 Constitutional Proponents: N/A Yes via Measure would amend Proposition 13 to allow
Tax Transfer Amendment & $7.21VI raised to Legislation homebuyers who are age 55 or older or severely disabled
Initiative State Statue support initative to transfer the tax-assessed value from their prior home
by Cal. Assoc. of to their new home, no matter (a) the new home's market
Realtors and value; (b) the new home's location in the state; or (c) the
National Assoc. number of moves. Fiscal Impact - CA Leg Analyst Office
of Realtors. "Annual property tax losses for cities, counties, and
special districts of around $150 million in the near
California term, growing over time to $1 billion or more per year (in
Chamber of today's dollars). Annual property tax losses for schools of
Commerce. around $150 million per year in the near term, growing
over time to $1 billion or more per year (in today's
dollars). Increase in state costs for schools of an
equivalent amount in most years"
EXAMPLE Upward adjustment: (assessed value of their prior home) + [(the new home's market value) - (the prior home's market value)]
Example: An individual sold her house for $500,000. The house had a tax-assessed value of$75,000. She bought a new house for $800,000. The
tax-assessed value of the new house would be ($75,000) + [($800,000)-($500,000)] _ $375,000.
EXAMPLE Downward adjustment: (assessed value of their prior home) x [(the new home's market value) _ (the prior home's market value)]
Example: An individual sold his house for$500,000. The house had a tax-assessed value of$75,000. He bought a new house for $300,000. The
tax-assessed value of the new house would be ($75,000) x [($300,000) _ ($500,000)] _ $45,000.
July 5, 2018 Regular Board Meeting Agenda Packet- Page 146 of 195
Page 11 of 14
Central Contra Costa Sanitary District
Protecting public health and the en vironinel7t 5019 In7hoff Place, Martinez, CA 94553-4392
PHONE:(925)228-9500
FAX(925)676-7211
www centralsan.arg
ROGER S BAILEY
June 19, 2018 General Manager
KENTON L ALM
Counsel for the Distnct
(510)808-2000
KATIE YOUNG
The Honorable Bill Quirk Secretary of the District
Chair, Assembly Environmental Safety & Toxic Materials Committee
LOB, 1020 N St., Room 171
Sacramento, CA 95814
RE: SB 212 (Jackson and Ting) Sharps and Pharmaceutical Drug Take-Back Program—
SUPPORT
Dear Chair Quirk:
Central Contra Costa Sanitary District (Central San) requests your STRONG SUPPORT for SB
212 (Jackson and Ting), which will establish a comprehensive statewide take-back system for
sharps (needles) and medications. These products serve a vital need in protecting and
preserving the health of Californians, but that is all the more reason to also protect Californians
from the inherent risks that occur when these products become waste. Both sharps and
medications present significant and well-documented challenges for all Californians but
especially local governments and municipal workers when it comes to safe and convenient
collection and disposal.
Despite the fact that California law (SB 1305 in 2006) has prohibited home-generated sharps
waste from being disposed of in trash or recycling containers, millions of needles are discarded
in appropriately every year, resulting in an unacceptable risk of needle stick injuries for
employees of wastewater agencies. Wastewater is only one of the many industry sectors
negatively impacted by the improper disposal of needles.
Sadly, Central San employees experience numerous exposures to improper disposal of needles
that are flushed down the toilet, due to lack of options for proper disposal. It is no surprise that a
study by University Mass Lowell in 2015 estimated 7% of needles are flushed, and needle stick
injuries occur with unacceptable frequency. Improper disposal of sharps poses an unacceptable
risk to many Californians, and the statewide sharps collection program contained in SB 212 will
significantly reduce that risk.
Similarly, leftover prescription, over-the-counter, and pet medications present significant
problems if not properly secured and disposed of. There is no question that consumers have
leftover drugs in their homes, which tend to be stockpiled, flushed, or even thrown in the
garbage. Leftover drugs and a lack of safe and convenient disposal options can cause
environmental harm.
July 5, 2018 Regular Board Meeting Agenda Packet- Page 147 of 195
SB 212 (Jackson and Ting) Sharps and Pharmaceutical Drug Take-Back Program —SUPPOVage 12 of 14
June 19, 2018
Page 2
SB 212 (Jackson and Ting) addresses the myriad of problems that exist due to the lack of a
statewide system to manage proper disposal of these products. By requiring the manufacturers
of sharps and pharmaceutical drugs to create, fund, and participate in a statewide take-back
system, this bill will take a groundbreaking step forward to ensure that California residents
throughout the state have access to safe, convenient disposal methods of these products.
This concept is built off well-functioning programs that exist all over the world —effective take-
back programs for these products are operated by manufacturers in Canada, Mexico, many
countries in Europe and South America, 12 local jurisdictions throughout California (9 counties
and three cities in Santa Cruz County). Establishing a comprehensive statewide system will
provide harmonization and clarity for manufacturers and consumers alike.
California has debated this issue for long enough. We strongly urge you to take this logical next
step to protect California consumers and workers. For these reasons, Central San is pleased to
express our STRONG SUPPORT of SB 212 (Jackson and Ting) and respectfully request your
"AYE" vote when this bill is heard in your committee.
in rely,
Roger S. Bailey
General Manager
cc: Members and Consultants, Assembly Environmental Safety &Toxic Materials
Committee
The Honorable Hannah-Beth Jackson, 19th Senate District
The Honorable Phil Ting, 19th Assembly District
The Honorable Adam Gray, 21St Assembly District
Graciela Castillo-Krings, Deputy Legislative Secretary, Office of Governor Brown
July 5, 2018 Regular Board Meeting Agenda Packet- Page 148 of 195
Page 13 of 14
Central Contra Costa Sanitary District
Protecting public health al7d the el7viroi7mei7t 5019 Imhoff Place, Mal-til7ez, CA 94553-4392
PHONE.(925)228-9500
FAX (925)676-7211
June 28, 2018 www.centralsan.org
ROGER S.BAILEY
General Manager
KENTON L.ALM
Counsel for the District
The Honorable Mark DeSaulnier (510)808-2000
U.S. House of Representatives KATIE YOUNG
Washington, D.C. 20515 Secretary of the District
Subject: Support for Legislative Amendment to Allow Extension of National
Pollutant Discharge Elimination System (NPDES) Permit Terms to Ten
Years
Dear Congressman DeSaulnier:
On behalf of the Central Contra Costa Sanitary District (Central San), I write to request
your support for an amendment that would allow for the United States Environmental
Protection Agency (USEPA) and delegated states to provide 10 year terms for National
Pollutant Discharge Elimination System (NPDES) permits. This change would allow
local wastewater facilities such as ours enhanced planning and efficient permitting, and
provide the time needed to comply with existing regulatory requirements before
imposition of new mandates.
Representative Garamendi and Representative Lowenthal recently submitted a similar
request to the Chairman and Ranking Member of the Transportation and Infrastructure
Committee. The congressmen support this proposal as a commonsense approach that
would provide regulatory flexibility, while protecting the public's ability to provide input
on NPDES permits. A copy of that request is attached.
When the Clean Water Act was adopted in 1972, Congress authorized USEPA, or a
delegated state, to grant waste discharge permits for a period of no more than five
years. At the time, this was an appropriate timeframe for renewal to ensure significant
progress toward basic water quality improvements. However, much has changed over
the last 45 years. Central San customer base and services have grown significantly and
currently serves nearly half a million customers in central Contra Costa County by
providing wastewater collection, treatment, residential and commercial recycled water,
and through operation of a household hazardous waste collection facility.
The needs of today require new ways of doing business to bring innovation to water
quality improvements. Requirements in NPDES permits are becoming more restrictive,
and the treatment technologies necessary to meet those limits are expensive and time
intensive to implement. Often, local public agencies have not yet completed the
July 5, 2018 Regular Board Meeting Agenda Packet- Page 149 of 195
Support for Legislative Amendment to Allow Extension of National Pollutant Dischargleage 14 of 14
Elimination System (NPDES) Permit Terms to Ten Years
June 28, 2018
Page 2
upgrades necessary to comply with their prior permits when they are hit with new terms
and requirements. This can have drastic consequences on operational and facilities
planning and implementation, which could leave customers with added incurred costs.
At the same time, it is widely understood that the nation's most challenging water quality
problems do not derive from traditional point source dischargers. To ensure that our
federal, state and local resources are efficiently allocated to address the most pressing
water quality issues, we urge you to support the following amendment in Committee:
Section 402(b)(1)(13) of the Federal Water Pollution Control Act (as amended) is
amended by striking all that follows "terms" and inserting in lieu thereof"...not
exceeding ten years; and..."
This change would allow states to direct more resources to nonpoint and watershed-
based solutions instead of a perpetual cycle of five year NPDES permit renewals. At the
same time, standard permit reopener provisions already provided by statute and
regulation would allow permits to be reopened and new conditions inserted if necessary
prior to permit expiration. The California Association of Sanitation Agencies (CASA),
National Association of Clean Water Agencies (NACWA), and many others in the
wastewater community support this amendment.
If you have any questions, please feel free to contact Central San's Communications
and Intergovernmental Relations Manager Emily Barnett at 925-229-7310 or via email
at ebarnett@centralsan.org.
Inc rely,
luu 'I -) v",I
Roger S. Bailey
General Manager
cc: Adam Link, CASA Director of Government Affairs
July 5, 2018 Regular Board Meeting Agenda Packet- Page 150 of 195