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HomeMy WebLinkAbout10. (Handout) Legislative Matters updated info Item 10. =ENTRAL SAN (Handout) CONTRACENTRAL • March 21, 2019 TO: HONORABLE MEMBERS OF THE BOARD REVIEWED BY: FROM: EMILY BARNETT, COMMUNICATIONS AND INTERGOVERNMENTAL RELATIONS MANAGER PHILIP R. LEIBER, DIRECTOR OF FINANCE AND ADMINISTRATION ANN SASAKI, DEPUTY GENERAL MANAGER KENTON L. ALM, DISTRICT COUNSEL ROGER S. BAILEY, GENERAL MANAGER SUBJECT: (HANDOUT) RE UPDATE ON PENDING LEGISLATIVE MATTERS Attached is an updated 2019 Priority Legislative Tracking Sheet as of March 19, 2019 incorporating the most recent information available. Items 11 and 12 on the Tracking Sheet are new additions, as is any text shown in green. Also attached are California Association of Sanitation Agencies' (CASA) federal messaging from the recent Washington DC Conference, and copies of Central San letters in support of AB 1180 and AB 510. Attachments: 1. Updated Priority Legislative Tracking Sheet 2. CASA's Federal Messaging from Washington DC Conference 3. Central San Support Letter AB 1180 4, Central San Support Letter AB 510 Central San 2019 Priority Legislative Tracking Sheet as of 3/19/19 Fe !1Industry Position Date of Board Author Legislation Also Known As Summary Ornanin9anfal Priority Recom nded by Board Decision 1�o e6 LIetposition Mf Direction 1 State Ting D-San AB 68 Land Use- This bill reintroduces language from 2018 ACWA Watch CSDA Watch 03/07/19 Watch Francisco Accessory AB 2890(Ting)regarding accessory dwelling Watch Dwelling Units units with prohibitions on local ordinances from imposing some limitations on size and location.This bill maintains a wastewater utility's ability to collect a proportional connection fee,but prohibits capacity and connection fees on ADUs or junior ADUs that are"substantially"within the existing space of a single-family dwelling or accessory structure,including reconstruction of an existing space with substantially the same physical dimensions as the existing accessory structure. 2 State Ting AB 69 Land Use: This bill introduces language related to ACWA Watch Watch 03/07/19 Watch D-San Francisco Accessory oversight by the state on local ordinances on Dwelling Units size and location that would impact construction of accessory dwelling units. This bill does not address utility connection fees at this time. 3 State Wiekowski SB 13 Accessory This bill is a spot bill regarding accessory ACWA Watch Watch 03/07/19 Watch D-Fremont Dwelling Units dwelling units.In 2018 this author did introduce language that would eliminate the utility connection fee for new construction of an accessory dwelling unit. 4 State Friedman D- AB 1180 Water:recycled This bill requires Title 22 for non-potable Sponsored by Support 03/07/19 iSt p o Support letter sent to Assembly Environmental Glendale water uses to be updated by the Water Board by WateReuse California Safety and Toxic Materials on 3+19119 2023. It also requires that a change over device(such as swivel ell)be incorporated into the Title 17 update currently underway. A draft for the Title 17 changes will be released in late summer 2019.WRCA(a member of the Title 17 handbook committee)has requested that a change over device or swivel ell be included as part of this update. Central San 2019 Priority Legislative Tracking Sheet as of 3/19/19 F r'Vi u fn Pate of stzwAuthor lslaAlso_KnOWnAs SummaOaIao Board Rm8o ��IslQn JPosftlon ard Staff DlYeatlon 5 State Bloom Ala 1672 Nonwoven This bill shall not allow an entity to label a Sponsored by CASA Support 03/07:19 Support ;,-Id on support letter till heard in policy D-Santa Monica disposable covered product as safe to flush,safe for I committees in April.In print on 3/18/19.Will likely products sewer systems,or safe for septic systems, be triple referred to committees. unless the product is a flushable wipe.The entity must certify if their product Is flushable under compliance with the performance standards.Noncompliant products will be issued a notice of violation by the enforcing agency,providing 30 days for the products to be recalled and may be penalized for every day thereafter. 6 State Hertzberg D-Van SB 332 Ocean Discharge This bill proposes a 50%reduction in ocean Opposed:CASA, Oppose 03/07/19 Oppose Coalition formed to oppose bill CASA developing Nuys&Wiener D- discharges by 2030,and a 95%reduction in WateReuse will decide Unless opposition letter.and will issue Call-to-Action San Francisco ocean discharges by 2040. 3/17 on Oppose Unless Amended within two weeks Main issues with the bill Amended,ACWA will unfunded mandate,does not take into decide on 3/15 on consideration wet weather flows and storage Oppose position. constraints current permit restrictions on discharges to streams,etc,potential State growth that could increase discharge flows- 7 State Cooley D AB 510 Local Existing law authorizes the head of a Sponsored by CSDA Support 03/07/19 Support Letter of support sent 3119119 Rancho Cordova Government department of a county or city,or the head of Records a special district to destroy recordings of destruction of routine video monitoring maintained by that records county,city,or special district after one year if that person receives approval from the legislative body and the written consent of the agency attorney and to destroy recordings of telephone and radio communications maintained by that county, city,or special district after 100 days if that person receives approval from the legislative body and the written consent of the agency attorney This bill would exempt the head of a department of a county or city,or the head of a special district from these recording retention requirements if the county,city or special district adopts a records retention policy governing recordings of routine video monitoring and recordings of telephone and radio communications, Central San 2019 Priority Legislative Tracking Sheet as of 3/19/19 EaftraMatep uthor Legislation Also Known As Summa a Iza�Priori Recom d by. Board CPosition Date of g—?a Notes LIWPosition Direction ion 8 State Rubio AB 405 Sales and use Would exempt from Sales and Use Tax the Support 03/0719 Watch D-Baldwin Park taxes exemption: gross receipts from the sale in this state of, water treatment and the storage,use.or other consumption In this state of,chemicals used to treat water,recycled water.or wastewater regardless of whether those chemicals or other agents become a component part thereof and regardless of whether the treatment takes place before or after the delivery to consumers 9 State Wiener D-San SB 69 Ocean Resiliency This bill prescribes nutrient removal by Sponsored by Coast 03/21/19 Francisco Act of 2019 denitrification without scientific basis and Keepers without regard to ongoing collaborative CASA Oppose Unless nutrients research efforts currently underway Amend to remove in the Bay Area.It also disregards the denitrificaiion section current regulation of nutrients by the SF Bay and address marine Regional Water Board through the Nutrients managed area section Watershed Permit(approved by EPA).This is an unfunded mandate that could cost up to$12.4B in costs to Bay Area dischargers. This bill does apply to both ocean and bay dischargers. 10 State Allen.Skinner.Stern, SB 54(paired California Circular SB 54/AB 1080 establish a comprehensive Support:California uppofl 03/21/19 Attached fact sheet Wiener bill is AB 1080) Economy and framework to address the pollution and Product Stewardship Plastic Pollution waste crisis Specifically,single-use plastic Council Reduction Act packaging and products sold or distributed in California by must be reduced,recycled or composted by 75 percent by 2030. All single use packaging and products must be recyclable or compostable on and after 2030. As part of a shift towards a more circular economy,the bills also instructs CalRecycle to develop incentives and policies to encourage in-state manufacturing using recycled material generated in California.CalRecycle will be given authority to adopt regulations to meet these goals, including developing criteria to determine which packaging material qualifies as recyclable or compostable. 11 State Ting AB 1486 Loral agencies This bill would require a special distnct that CASA Oppose 2 1 Similar to last year's bill which the Board took an D-San Francisco surplus land would sale lease.transfer,or other oppose position. conveyance their real property to first send written notice of availabil,ty for possible affordable housing Central San 2019 Priority Legislative Tracking Sheet as of 3/19/19 F Industry PO Mon Date of �� Author �islatlon Also Known As Suminary O anlzatlon s Prla . R cam ed Board NOW Islon 1,I sUPosluon ff on 12 Federal Congressmember YBD Permit term This bill would amend the Federal Water L—, ..NNS, Support Garamendi extention Pollution Control Act to extend National Pollutant Discharge Elimination System Permit(NPDES)for up to 10 years. Support Packag'Lhat Includes Enhanced Wastewater Investrnerfqn,�\ SupportModernization1 ■ r 1 1 1r IT We I NVld ;} W CASA supports a vibrant federal commitment to the construction of water recycling infrastructure,including re-authorization of the competitive water reclamation and reuse program within the U.S. Bureau of Reclamation, which was enacted as part of the Water Infrastructure Improvements for the Nations(WIIN)Act of 2016. The competitive grant program offers local agencies up to 25%(or$20 million) in federal cost-share grant funding for water recycling projects in the arid west. BACKGROUND AND ISSUE STATEMENT CASA member agencies are designing and constructing some of the largest and most complex water recycling projects in the country. Because of water scarcity and climate change and resiliency issues,including persistent drought conditions in our state,water reclamation and reuse projects are an important part of the overall water management portfolio in California. With limited resources available dedicated solely to water reclamation and reuse,re-authorization of the Title XVI-WIIN program is incredibly important to fund much needed water recycling infrastructure. Congress has provided$50 million,exhausting the total 5-year authorization for Title XVI-WIIN. In order to ensure that critical funding continues to be available for communities facing water scarcity challenges,CASA is requesting that Congress enact a $500 million, 5-year re-authorization of the program. In addition to the re- authorization and increased funding for the program,CASA additionally requests several programmatic revisions to make the funding more effective. SOLUTION Key elements of the Title XVI-WIIN Reauthorization Proposal: • Reauthorize Title XVI-WIIN program at$500 million over five years; • Increase eligible federal cost-share to$30 million or 25%of project cost(whichever is smaller) • Establish a mechanism for USBR to de-authorize approximately$200 million in"inactive" Congressionally-authorized Title XVI projects and make those funds available for active eligible projects; • Establish a mechanism to streamline grant awards for projects determined to be feasible and eligible for Title XVI-WIIN federal cost-share by the USBR; • Retain project selection criteria from the original legislative authorization. ACTION CASA urges Congress to re-authorize the Title XVI-WIIN program and proposes the program be funded at$500 million for five years. J i California Association of Sanitation Agencies • 916.446,0388 • www-CASAweb.org • 2019 Support Packag'1"hat Includes . :--,* Enhanced Wastewater Investme 1 1 1 i l l 1 ' . JL 4 Il CASA supports the extension of National Pollutant Discharge Elimination System = i (NPDES)permit terms from five to ten years. This change would significantly benefit local public agencies by allowing for enhanced planning and efficient permitting ` of facilities and give agencies the time needed to comply with existing regulatory requirements before the imposition of new mandates.A recent infrastructure proposal developed by the Administration calls for extending NPDES permit terms from 5 to 15 years,and the concept of allowing states to extend NPDES permit terms beyond 5 years has received bi partisan support in recent months- BACKGROUND AND ISSUE STATEMENT Today's water quality needs require new ways of doing business and innovation in the way we achieve water quality improvements. NPDES permits are increasingly stringent,and the treatment technologies and approaches necessary to meet permit limits have become exceedingly expensive and time intensive to implement. Project construction timelines can extend more than a decade as public agencies seek to implement massive clean water infrastructure projects.These improvements require extensive environmental review,as well as compliance with labor agreements,project design,scheduling,and technology acquisition. Given this reality,in many cases local public agencies have not yet completed the upgrades necessary to comply with their existing permit when they are hit with new permit terms and requirements-At the same time,it is widely understood that the nation's most challenging water quality problems do not derive from traditional point source discharges.The five-year renewal cycle also results in resource burdens on local agencies,USEPA and the state permitting authorities,which must prepare and issue the permits. SOLUTION Congress should update NPDES permit terms to reflect the realities of today. • Extended NPDES permit terms would allow for enhanced planning and efficient permitting of facilities. With this change,states could direct more resources to nonpoint and watershed-based solutions- This change would benefit local public agencies,states and the public- Agencies would have adequate time to comply with existing regulatory requirements before the imposition of new mandates.Agencies could better plan and more efficiently construct new technologies and facilities.States could direct more resources to nonpoint and watershed-based solutions. • Existing permit reopener provisions allow for new conditions to be inserted where needed to protect water quality prior to permit expiration. ACTION CASA encourages Congress to consider an amendment to Clean Water Act Section 402(b)(1)(B)extending NPDES permit terms from five to ten years as part of any forthcoming infrastructure package. re . California Association of Sanitation Agencies • 916.446.0388 • www.CASAweb org • 2019 — -- o � • Infra • • • • • l CASA strongly supports current efforts to craft a comprehensive infrastructure package, and we urge Congress to focus on direct federal assistance through grants and loans to water and wastewater agencies. Rebuilding our nation's water infrastructure requires a clear and ongoing commitment of federal assistance,coupled with the preservation of essential local financing tools such as municipal tax-exempt financing. Increasing investment in water and wastewater infrastructure is essential for public health, beneficial for the environment,and important to our economic future. BACKGROUND AND ISSUE STATEMENT USEPA estimates that America's water and wastewater infrastructure requires more than$750 billion worth of investment over the next 20 years. Other estimates place this figure at over$1 trillion.California alone faces$30 billion in new infrastructure needs-We have historically relied upon a robust federal partnership of direct assistance to meet these needs,but the last two decades have seen limited investment by the federal government.While federal contributions to transportation infrastructure have stayed constant,federal investment in water infrastructure has declined from 63%to 9%since 1977.Water and wastewater infrastructure should be a top priority in any infrastructure package considered in 2019. SOLUTION Congress should pursue enhanced infrastructure funding in the form of new grant and loan programs for water and wastewater agencies • Congress must preserve and enhance financing of the Clean Water State Revolving Loan Fund(SRF) program. The SRF program is one of the most important and effective clean water infrastructure financing tools available today and serves as the backbone of wastewater infrastructure financing. • CASA supports funding the existing Water Infrastructure Finance and Innovation Act(WIFIA)program as well as the state finance authority focused WIFIA program These programs will help address clean water project backlogs. • CASA supports other sources of funding to address the problems faced by California and the arid west, including climate resiliency funding,water recycling funding through Title XVI,and funding for the use of biosolids to restore fire-ravaged lands. Investing in water and wastewater infrastructure also creates jobs and supports the economy. Studies show that with sufficient investment to water and wastewater needs,the U.S. economy would gain$220 billion in annual economic activity and 1.3 million jobs over a 10-year period.' ACTION CASA urges passage of a federal infrastructure policy and funding package that increases direct federal support to local communities through the SRF program,and funds other existing and new grant and loan programs, including WIFIA. Source: The Economic Benefits of Investing in Water Infrastructure,the Value of Water Campaign(2017) C17,�;.7 California Association of Sanitation Agencies • 916-446.0388 • www.CASAweb.org • 2019 -Arco Central Contra Costa Sanitary District PHONE: (925)228-9500 FAX (925)335-7744 www.centralsan.org March 19,2019 ROGER S BAILEY General Manager KENTON L ALM The Honorable Laura Friedman Counsel(,0) Dist California State Assembly KATIE YOUNG State Capitol, Room 2137 SrcretaryojiheDistrict Sacramento, CA 95814 RE: Assembly Bill 1180(Friedman)Recycled Water Regulations—SUPPORT Dear Assembly Member Friedman: Central Contra Costa Sanitary District(Central San)is pleased to support Assembly Bill 1180,which will require the Water Board to update the state's non-potable recycled water regulations by 2023. These regulations have not been revised since 2000. Now with nearly 20 years of knowledge to draw from, an update to these regulations, will help further the state's goals for increased recycled water use. There is an opportunity for several needed updates to Title 22, which can greatly expand non-potable recycled water uses in California in a manner that continues to protect public health.AB 1180 also promotes recycled water use for dual plumbed building and for commercial, industrial and institutional (CII)uses by requiring the Water Board, through its update of Title 17 backflow regulations, to include the use of a changeover device, such as a swivel ell. It is essential that building owners be allowed to easily switch back and forth between potable and non-potable water when required for testing or other recycled water shutdowns. The ability to easily and cost-effectively make the switch to potable water will eliminate a barrier for building owners to bring recycled water used for landscape irrigation inside their buildings. 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. As a long-term recycled water supporter and provider, expanding opportunities for recycled water are of the utmost importance both regionally and to the state. Central San believes AB 1180, which sets a realistic timeframe with which to update the Title 22 regulations, will greatly advance the use of recycled water and be a benefit to California. I erely, Roger S. Oaley t General Manager cc: Assembly Environmental Safety and Toxic Materials Committee The Honorable Rebecca Bauer-Kahan Recycled Paper Ventral Contra Costa sanitary!District PHONE. (925)128-9500 FAX: (925)335-7744 March 19, 2019 www.centralsan.org ROM S BAILEY Genera!Manager KF.NTON L ALM The Honorable Ken Cooley Coanseljorilia District California State Assembly (310)37s•4371 State Capitol, Room 3013 KATIE YO[,NG Sacramento, CA 95814 Secretary ojthe District RE: Assembly Bill 510 (Cooley)—Support[As Introduce February 13, 2019] Dear Assembly Member Cooley: Central Contra Costa Sanitary District (Central San) is pleased to support Assembly Bill 510, which allows public agencies to diligently manage their financial and equipment resources by setting their own records retention policies for recordings related to routine video monitoring, radios, and telephones. 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. AB 510 modernizes the Government Code to allow local public agencies, including special districts, to adopt records retention policies designed for modern digital recording technologies, while ensuring the proper retention of any records in which an incident may have occurred. This change in law will allow agencies to retain important records while deleting useless ones, thus saving a significant amount of taxpayer dollars on unnecessary data storage costs. AB 510 modernizes existing law to catch up with the technology of today and will allow flexibility for our district to adapt to future technological advances, allowing our district to diligently manage our financial and equipment resources by setting our own records retention policies based on the needs and the use of our cameras, radios, and telephones. For these reasons, Central San is pleased to support AB 510. Please feel free to contact me if you have any questions. Si cerely, Roger S. Bailey General Manager cc: Dillon Gibbons, Senior Legislative Representative, California Special Districts Association