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Item 12.
CENTRAL SAN BOARD OF DIRECTORS
POSITION PAPER
MEETING DATE: JUNE 20, 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
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.
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
June 20, 2019 Regular Board Meeting Agenda Packet- Page 84 of 120
Page 2 of 7
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. 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. Updated Central San Priority Legislation Tracking Sheet
June 20, 2019 Regular Board Meeting Agenda Packet- Page 85 of 120
Central San 2019 Priority Legislative Tracking Sheet as of 6/12/19 Attachment 1
Industry Position Date of
Federal/ Board
State
Author Legislation Also Known As Summary Or anization s Priori Decision
Recommended by Board Notes
List/Position Staff Direction
1 State Ting AB 68 Land Use: This bill reintroduces language from 2018 Oppose Unless Watch 03/07/19 Watch 6/18/19 Hearing set for Senate Housing and
D-San Francisco Accessory AB 2890(Ting)regarding accessory dwelling Amended: ACWA, Environmental Quality Committee.5/29/19
Dwelling Units units with prohibitions on local ordinances CSDA,CMUA,CASA Referred to Senate Committees on Housing and
from imposing some limitations on size and Environmental Quality and Governance and
location.This bill maintains a wastewater Finance.5/22/19 Read third time and passed out
utility's ability to collect a proportional of Assembly(61-10).5/20/19 Read Second time
connection fee,but prohibits capacity and in Assembly.5/16/19 Passed from Assembly
connection fees on ADUs or junior ADUs Appropriations Committee(15-1).4/24/19 On
that are"substantially"within the existing Suspense File in Assembly Appropriations.
space of a single-family dwelling or 4/10/19 Passed from Assembly Local
accessory structure,including reconstruction Government Committee to Appropriations
of an existing space with substantially the Committee.3/27/19 Amended and referred to
same physical dimensions as the existing Committee on Housing and Community
accessory structure. Development.
2 State Ting AB 69 Land Use: This bill introduces language related to Watch: ACWA Watch 03/07/19 Watch 6/18/19 Hearing set for Senate Housing and
D-San Francisco Accessory oversight by the state on local ordinances on Environmental Quality Committee.5/29/19 To
Dwelling Units size and location that would impact Senate Housing Committee.5/22/19 Read third
construction of accessory dwelling units. time and passed out of Assembly(78-0).5/20/19
This bill does not address utility connection Read Second time in Assembly.5/16/19 Passed
fees at this time. from Assembly Appropriations Committee(18-0).
4/24/19 On Suspense File in Assembly
Appropriations.4/4/19 Referred to Appropriations
Committee.3/27/19 Amended and referred to
Committee on Housing and Community
Development.
3 State Wiekowski SB 13 Accessory This bill is a spot bill regarding accessory CSDA:Oppose Watch 03/07/19 Watch 6/19/19 Hearing set for Assembly Housing and
D-Fremont Dwelling Units dwelling units.In 2018 this author did Community Development Committee.6/6/19 To
introduce language that would eliminate the Assembly Committees on Housing and
utility connection fee for new construction of Community Development and Local Government.
an accessory dwelling unit. 5/22/19 Read third time and passed Senate(34-
2).5/20/19 Read second time again.5/17/19
Read second time and amended in Senate.
5/16/19 Passed from Senate Appropriations
Committee(6-0).5/6/19 In Senate Appropriations
Committee in Suspense File.4/23/19 Re-referred
to Senate Appropriations Committee.4/10/19
Hearing set in Local Gov't Committee.4/1/19
Need clarification from author on whether"impact
fees"are inclusive of"connection fees".
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Central San 2019 Priority Legislative Tracking Sheet as of 6/12/19 Attachment 1
Industry Position Date of
Federal/ Board
State
Author Legislation Also Known As Summary Or anization s Priori Decision
Recommended by Board Notes
List/Position Staff Direction
4 State Friedman AB 1180 Water:recycled This bill requires Title 22 for non-potable Sponsored by Support 03/07/19 Support 6/5/19 Passed out of Senate Environmental
D-Glendale water uses to be updated by the Water Board by WateReuse California, Quality Committee.5/29/19 Assigned to Senate
2023. It also requires that a change over Support:CASA,CSDA Environmental Quality Committee.5/22/19
device(such as swivel ell)be incorporated Passed from Assembly(78-0).5/20/19 Read
into the Title 17 update currently underway. second time in Assembly.5/16/19 Passed from
A draft for the Title 17 changes will be Assembly Appropriations Committee(18-0).
released in late summer 2019.WRCA(a 4/24/19 In Suspense File in Assembly
member of the Title 17 handbook Appropriations Committee.4/1/19 Sent back to
committee)has requested that a change Appropriations Committee.3/27/19 Passed out to
over device or swivel ell be included as part Appropriations Committee.Support letter sent to
of this update. Assembly Environmental Safety and Toxic
Materials on 3/19/19.
5 State Bloom AB 1672 Nonwoven This bill shall not allow an entity to label a Sponsored by CASA, Support 03/07/19 Support 5/16/19 Held on Suspense in Assembly
D-Santa Monica disposable covered product as safe to flush,safe for Support:CSDA Appropriations.This bill is dead for 2019 Session,
products sewer systems,or safe for septic systems, but will turn into a two-year bill in 2020.5/16/19
unless the product is a flushable wipe.The Hearing set for Assembly Appropriations
entity must certify if their product is flushable Committee.5/8/19 Assembly Appropriations
under compliance with the performance Committee put in Suspense File.4/23/19 Testified
standards.Noncompliant products will be Central San's support at Assembly Judiciary
issued a notice of violation by the enforcing Committee and passed on 9-2 vote.4/8/19
agency,providing 30 days for the products to Testified Central San's support at Assembly
be recalled and may be penalized for every Environmental Safety and Toxic Materials
day thereafter. Committee.4/3/19 Letter of support sent.3/28/19
Bill will be heard in the Asm.Environmental
Safety and Toxics Materials Committee on April
9th,and again in the Assembly Judiciary
Committee on April 23rd.In print on 3/18/19.Will
likely be triple referred to committees.
6 State Hertzberg D SB 332 Ocean Discharge This bill proposes a 50%reduction in ocean Opposed:CASA,CSDA, Oppose 03/07/19 Oppose 5/21/19 This bill is dead for 2019 Session.5/16/19
Van Nuys&Wiener discharges by 2030,and a 95%reduction in ACWA.Oppose Unless Unless Held on Suspense in Senate Appropriations
D-San Francisco ocean discharges by 2040. Amended:WateReuse. Amended Committee hearing.4/23/19 Passed from Senate
Support:Clean Water Judiciary Committee on 7-2 vote,now headed to
Action,Heal the Bay, Appropriations Committee.4/8/19 Staff is
Sierra Club,Friends of currently assessing costs to Central San as per
the River,City of Los Board Member Pilecki's request.4/8/19 Hearing
Angeles video sent to Board.4/5/19 CASA requests no
side meetings or deals with author.Coalition
formed with WateReuse,ACWA,and others.
4/3/19 At hearing-CASA testified.Many concerns
from the committee,but passed to Judiciary
Committee. Coalition formed to oppose bill.
CASA developing opposition letter,and will issue
Call-to-Action within two weeks.Main issues with
the bill:unfunded mandate,does not take into
consideration wet weather flows and storage
constraints,current permit restrictions on
discharges to streams,etc,potential State growth
that could increase discharge flows.
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Central San 2019 Priority Legislative Tracking Sheet as of 6/12/19 Attachment 1
Industry Position Date of
Federal/ Board
State
Author Legislation Also Known As Summary Or anization s Priori Decision
Recommended by Board Notes
List/Position Staff Direction
7 State Cooley AB 510 Local Existing law authorizes the head of a Sponsored by CSDA Support 03/07/19 Support 4/1/19 This bill is dead.Consumers Attorneys
D-Rancho Cordova Government department of a county or city,or the head of asked author to pull the bill.Author complied.
Records: a special district to destroy recordings of Letter of support sent 3/19/19.
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
op IICV governing recordings of routine video
monitoring and recordings of telephone and
radio communications.
8 State Rubio AB 405 Sales and use Would exempt from Sales and Use Tax the CASA:Support,CSDA: Support 03/07/19 Watch 5/16/19 This bill is dead for the 2019 Session.
D-Baldwin Park taxes:exemption: gross receipts from the sale in this state of, Watch 5/16/16 Held in Assembly Appropriations
water treatment and the storage,use,or other consumption Committee.5/6/19 passed out of Assembly
in this state of,chemicals used to treat Revenue and Taxation Committee on 9-0 vote.
water,recycled water,or wastewater 4/25/19 Re-referred to Assembly Committee on
regardless of whether those chemicals or Revenue and Taxation. Fact sheet provided to
other agents become a component part Board on 3/21.
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 6/20/19 03/21/19 6/18/19 Set for hearing at Assembly Water,
D-San Francisco Act of 2019 denitrification without scientific basis and Keepers, Watch Board Parks,and Wildlife Committee.6/6/19 To
without regard to ongoing collaborative Oppose: CASA Unless 3/21/19 Opposed Assembly Committees on Water,Parks,and
nutrients research efforts currently underway Amend to remove Oppose Wildlife and Natural Resources.5/21/19 Bill
in the Bay Area.It also disregards the denitrification section amendments printed and detritrification portion
current regulation of nutrients by the SF Bay and address marine was removed from bill.Board member McGill and
Regional Water Board through the Nutrients managed area section staffer Barnett met with Sen Wiener's staff-only
Watershed Permit(approved by EPA).This minor mention of bill.5/16/19 Set for hearing in
is an unfunded mandate that could cost up Senate Appropriations.4/29/19 Re-referred to
to$12.46 in costs to Bay Area dischargers. Senate Appropriations Committee.4/11/19 Read
This bill does apply to both ocean and bay second time in Senate,amended and re-referred
dischargers. to Environmental Quality Committee.4/9/19
Hearing set in Senate Natural Resources and
Water Committee.4/1/19 Author provided
amendments which did not address any of the
impacts to the wastewater industry.Set for April 9
hearing in Senate Natural Resources and Water.
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Central San 2019 Priority Legislative Tracking Sheet as of 6/12/19 Attachment 1
Industry Position Date of
Federal/ Board
State
Author Legislation Also Known As Summary Or anization s Priori Decision
Recommended by Board Notes
List/Position Staff Direction
10 State Allen SB 54(paired California Circular SB 54/AB 1080 establish a comprehensive Support:California Support 03/21/19 Support 6/6/19 To Assembly Natural Resources
D-Santa Monica bill is AB 1080) Economy and framework to address the pollution and Product Stewardship Committee.5/29/19 Passed out of Senate(28-8).
Skinner Plastic Pollution waste crisis.Specifically,single-use plastic Council 5/23/19 Read Second time.5/22/19 Read third
D-Berkeley Reduction Act packaging and products sold or distributed in time-amended.5/16/19 Read second time in
Stern D California by must be reduced,recycled or Senate.5/16/19 Passed Senate Appropriations(4
Canoga Park composted by 75 percent by 2030. All single 2). 5/7/19 amended in Senate
Wiener D use packaging and products must be Appropriations.3/25/19 Read second time in
San Francisco recyclable or compostable on and after Appropriations Committee.Attached fact sheet for
2030. As part of a shift towards a more March 21st Board meeting.
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 Local agencies: This bill has been amended.It would only Oppose: CASA,Oppose 5/2/19 Watch, 5/2/19, 5/2/19 5/29/19 Read third time and Passed from
D-San Francisco surplus land allow for first right of refusal for housing Unless Amend:CSDA 3/21/19 Oppose 3/21/19 Watch, Assembly(53-20).5/16/19 Read second time in
entities for land not used for an agency's 3/21/19 Assembly.5/16/19 Passed Assembly
governmental operations.Some issues with Oppose Appropriations Committee(12-4).5/15/16 Hearing
bill still exist.Working with author. This bill set for Assembly Appropriations Committee.
would require a special d strict that we 5/2/19 Central San Board changed to Watch
sale. lease tFansfeF or atheF..............pGe position.CSDA continues to work with author.
theiF real property to first send written notice 4/25/19 In Assembly Coauthors revised.4/11/19
of availability faF pnssihl..a#ar Able h Amended in Assembly and back to Committee.
4/10/19 Passed heavily amended out of Asm
Housing and Community Development
Committee.4/10/19 Hearing date set in Asm
Local Gov't Committee.
12 Federal Congressmember H.R.1764 Permit term This bill would amend the Federal Water Support: CASA Support 03/21/19 Support 5/2/19 Letter of Support sent from Western
Garamendi D extension Pollution Control Act to extend National Recycled Water Coalition to Congressmember
California 3rd District Pollutant Discharge Elimination System Garamendi supporting bill.Central San listed as
Permit(NPDES)for up to 10 years. supporter.3/28/19 Interagency Letter of Support
led by Central San sent to DeSaulnier's office with
cc to CASA.Attached letter for 4/4/19 Board
meeting.
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Central San 2019 Priority Legislative Tracking Sheet as of 6/12/19 Attachment 1
Industry Position Date of
Federal/ Board
State
Author Legislation Also Known As Summary Or anization s Priori Decision
Recommended by Board Notes
List/Position Staff Direction
13 State Stone AB 749 Settlement Prohibits a settlement agreement in an Oppose:CSDA Oppose 04/04/19 5/8/19 Letter Opposing bill sent to Senators
D-Monterey Bay agreements: employment dispute from containing a Glazer and Dodd.5/2/19 Bauer-Kahan supported
restraints in trade provision prohibiting,preventing,or the bill to pass out of Assembly.Grayson did not
otherwise restricting a settling party that is vote on bill. 4/10/19 In Assembly for third reading.
an aggrieved person from working for the 4/9/19 Hearing set in Assembly Judiciary
employer against which the aggrieved Committee.4/1/19 HR and Legal reviewed and
person has filed a claim.The result will be requested this be placed as priority legislation,
that all serious discipline matters and position:Oppose.
terminations will have to be tried to a verdict,
increasing attorney's fees.
14 State Cooley ACR 89 Declaring Special Assembly Resolution that would declare Sponsor:CSDA Support 05/16/19 Support 5/21/19 Board Member McGill spoke to multiple
D-Rancho Cordova Districts Week September 22-28,2019 as Special Districts Asm/Sen offices in support of ACR 89 for CSDA
Sept 22-28,2019 Week. Legislative Day's Conference.5/16/19 To
Assembly Rules Committee.5/6/19 Offically
introduced.5/3/19 In print and number assigned.
Request from CSDA to support resolution.
15 State Mullin AB 1509 Lithium-Ion Establishes the Lithium Ion Battery Sponsor:California Support 06/20/19 6/10/19 David Wyatt-Central San's HHW
D-South San Battery Fire Recycling Program in the Department of Product Stewardship Supervisor reviewed legislation and requested
Francisco Prevention Act Resources Recycling and Recovery. Council(CPSC) support position.6/10/19 Requested Call to Action
Berman D Requires an entity by 2021 to provide an by CPSC to sign on to support bill.
Palo Alto annual list of lithium-ion batteries sold
seperately or sold with a product within the
state.The bill would also require a fee by the
entitiy to the Department to manage proper
disposal options for lithium-ion batteries.
This is a producer responsibility bill.
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