HomeMy WebLinkAbout11. Receive legislative update Page 1 of 8
Item 11.
CENTRAL SAN BOARD OF DIRECTORS
POSITION PAPER
MEETINGDATE: APRIL4, 2019
SUBJECT: RECEIVE UPDATE ON PENDING LEGISLATIVE MATTERSAND 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
ISSUE
In accordance with Board Policy No. BP 026 — Legislative Advocacy, the Board may provide direction to
staff on positions related to 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
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:
April 4, 2019 Regular Board Meeting Agenda Packet- Page 85 of 136
Page 2 of 8
• 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 Tie-In
GOAL ONE: Provide Exceptional Customer Service
Strategy 1 - Build external customer relationships and awareness
ATTACHMENTS:
1. Central San Priority Legislation Tracking Sheet as of 3-28-19
2. Interagency Letter in Support of HR 1764 Permit Extensions
April 4, 2019 Regular Board Meeting Agenda Packet- Page 86 of 136
Central San 2019 Priority Legislative Tracking Sheet as of 3/28/19
Industry Position Date of- Board
Author Legislation Also Known As Summary Organization(s) PrioritV Recommended bV Board Notes
State List/Position Staff Direction Decision
1 State Ting AB 68 Land Use: This bill reintroduces language from 2018 Watch: ACWA, CSDA Watch 03/07/19 Watch 3/27/19 Amended and refereed to Committee on
D-San Francisco Accessory AB 2890 (Ting) regarding accessory dwelling Housing and Community Development.
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 Watch: ACWA Watch 03/07/19 Watch 3/27/19 Amended and refereed to Committee on
D-San Francisco Accessory oversight by the state on local ordinances on Housing and Community Development.
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 Watch: ACWA Watch 03/07/19 Watch 3/26/19 Set for hearing in April 2, Committee on
D-Fremont Dwelling Units dwelling units. In 2018 this author did Housing and Community Development
introduce language that would eliminate the
utility connection fee for new construction of
an accessory dwelling unit.
4 State Friedman AB 1180 Water: recycled This bill requires Title 22 for non-potable Sponsored by Support 03/07/19 Support 3/27/19 Passed out to Appropriations Committee.
D-Glendale water uses to be updated by the Water Board by WateReuse California Support letter sent to Assembly Environmental
2023. It also requires that a change over Safety and Toxic Materials on 3/19/19.
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.
April 4, 2019 Regular Board Meeting Agenda Packet- Page 87 of 136
Central San 2019 Priority Legislative Tracking Sheet as of 3/28/19
Industry Position Date of- Board
Author Legislation Also Known As Summary Or anization s Priorit Recommended b Board Notes
State List/Position Staff Direction Decision
5 State Bloom AB 1672 Nonwoven This bill shall not allow an entity to label a Sponsored by CASA Support 03/07/19 Support 3/28/19 Bill will be heard in the Asm.
D-Santa Monica disposable covered product as safe to flush, safe for Environmental Safety and Toxics Materials
products sewer systems, or safe for septic systems, Committee on April 9th, and again in the
unless the product is a flushable wipe. The Assembly Judiciary Committee on April 23rd. In
entity must certify if their product is flushable print on 3/18/19. Will likely be triple referred to
under compliance with the performance committees.
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 SB 332 Ocean Discharge This bill proposes a 50% reduction in ocean Opposed: CASA, Oppose 03/07/19 Oppose Set for hearing April 3. Coalition formed to oppose
Van Nuys & Wiener discharges by 2030, and a 95% reduction in WateReuse will decide Unless bill. CASA developing opposition letter, and will
D-San Francisco ocean discharges by 2040. 3/17 on Oppose Unless Amended issue Call-to-Action within two weeks. Main issues
Amended, ACWA will with the bill: unfunded mandate, does not take
decide on 3/15 on into 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 AB 510 Local Existing law authorizes the head of a Sponsored by CSDA Support 03/07/19 Support Letter of support sent 3/19/19.
D-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.
April 4, 2019 Regular Board Meeting Agenda Packet- Page 88 of 136
Central San 2019 Priowit)r Legislative Tracking Sheet as of 3/28/19
Industry Position Date of- Board
Author Legislation Also Known As Summary Organization(s) PrioritV Recommended bV Board Notes
State List/Position Staff Direction Decision
8 State Rubio AB 405 Sales and use Would exempt from Sales and Use Tax the CASA: Support Support 03/07/19 Watch In Revenue and Tax committee. Fact sheet
D-Baldwin Park taxes: exemption: gross receipts from the sale in this state of, provided to Board on 3/21.
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 SB 69 Ocean Resiliency This bill prescribes nutrient removal by Sponsored by Coast 03/21/19 Oppose Set for April 9 hearing in Senate Natural
D-San Francisco Act of 2019 denitrification without scientific basis and Keepers, Resources and Water.
without regard to ongoing collaborative Oppose: CASA Unless
nutrients research efforts currently underway Amend to remove
in the Bay Area. It also disregards the denitrification 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 D SB 54 (paired California Circular SB 54/AB 1080 establish a comprehensive Support: California 03/21/19 Support 3/25/19 Read second time in Appropriations
Santa Monica bill is AB 1080) Economy and framework to address the pollution and Product Stewardship Committee. Attached fact sheet for March 21 st
Skinner Plastic Pollution waste crisis. Specifically, single-use plastic Council Board meeting..
D-Berkeley Reduction Act packaging and products sold or distributed in
Stern D California by must be reduced, recycled or
Canoga Park composted by 75 percent by 2030. All single
Wiener D use packaging and products must be
San Francisco 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.
April 4, 2019 Regular Board Meeting Agenda Packet- Page 89 of 136
Central San 2019 Priowit)r Legislative Tracking Sheet as of 3/28/19
Industry Position Date of- Board
Author Legislation Also Known As Summary Organization(s) PrioritV Recommended bV Board Notes
State List/Position Staff Direction Decision
11 State Ting AB 1486 Local agencies: This bill would require a special district that Oppose: CASA 03/21/19 Oppose 3/14/19 Referred to Asm Local Government
D-San Francisco surplus land would sale, lease, transfer, or other Committee. Similar to a bill last year bill which the
conveyance their real property to first send Board opposed.
written notice of availability for possible
affordable housing.
12 Federal Congressmember H.R. 1764 Permit term This bill would amend the Federal Water Support: CASA 03/21/19 Support 3/28/19 Interagency Letter of Support led by
Garamendi D extension Pollution Control Act to extend National Central San sent to DeSaulnier's office with cc to
California 3rd District Pollutant Discharge Elimination System CASA. Attached letter for 4/4/19 Board meeting.
Permit (NPDES) for up to 10 years.
April 4, 2019 Regular Board Meeting Agenda Packet- Page 90 of 136
Page 7 of 8
PM
Dublin San Ramon -04e
Services District Delta
CENTRAL CONTRA COSTA 1 , 4I
SANITARY DISTRICT Water,wastewater,recycled water
Diablo ` `• C `•+►
WEST COUNTY WASTEWA=DIS!MCP
March 28, 2019
The Honorable Mark DeSaulnier
U.S. House of Representatives
Washington, D.C. 20515
Subject: Support for H.R. 1764
Dear Congressman DeSaulnier:
On behalf of the Central Contra Costa Sanitary District (Central San), Dublin San Ramon
Services District (DSRSD), Delta Diablo, and West County Wastewater District (WCWD),
we write to request your consideration to co-sponsor H.R. 1764 introduced by
Representative John Garamendi. H.R. 1764 would authorize the United States
Environmental Protection Agency (USEPA) or a delegated state, like California, to issue a
municipal clean water agency a National Pollutant Discharge Elimination System (NPDES)
permits for a fixed period not to exceed ten years. This change would allow your District's
local wastewater agencies to perform enhanced planning and efficient permitting, and
provide the time needed to comply with existing regulatory requirements before imposition
of new mandates.
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, DSRSD, Delta Diablo and WCWD's customer bases and services have
grown significantly over the last four decades, and combined the agencies now serve over
800,000 people in Contra Costa County by providing wastewater collection, treatment,
residential and commercial recycled water, and operation of household hazardous waste
collection facilities.
The environmental 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
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.
April 4, 2019 Regular Board Meeting Agenda Packet- Page 91 of 136
Page 8 of 8
Support for Legislative Amendment to Allow Extension of National Pollutant Discharge
Elimination System (NPDES) Permit Terms to Ten Years
March 28, 2019
Page 2
Longer permit terms would allow states to direct more resources to non-point 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,
National Association of Clean Water Agencies, Association of California Water Agencies,
National League of Cities, National Association of Counties, National Water Resources
Association, United States Conference of Mayors, and others support this amendment, and
we hope you will actively support its passage by cosponsoring the legislation.
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.
Sincerely,
n • J ��
Roger S. Bailey Dan McIntyre
General Manager General Manager
Central Contra Costa Sanitary District Dublin San Ramon Services District
Vince De Lange Lisa Malek-Zadeh
General Manager General Manager
Delta Diablo West County Wastewater District
cc: Adam Link, California Association of Sanitation Agencies
April 4, 2019 Regular Board Meeting Agenda Packet- Page 92 of 136