Loading...
HomeMy WebLinkAbout08. Legislative update Page 1 of 11 Item 8. CENTRAL SAN BOARD OF DIRECTORS POSITION PAPER MEETINGDATE: JULY11, 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 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. The attached Priority Legislative Tracking Sheet contains information on known matters through June 25, 2019, and other items of interest for the Board. ALTERNATIVES/CONSIDERATIONS The Board may choose from the following positions on each piece of legislation: • Support July 11, 2019 Special Board Meeting Agenda Packet- Page 148 of 241 Page 2 of 11 • 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 2019 Priority Legislation Tracking Sheet 2. CSDA article on recent budget deal 3. General Election 2020 Eligible State Ballot Measures that Impact Central San 4. NACWA article re PFAS Package Passes Senate July 11, 2019 Special Board Meeting Agenda Packet- Page 149 of 241 Page 3 of 11 Central San 2019 Priority Legislative Tracking Sheet as of - Attachment 1 Federal/ Industry Position Date of Board Author Legislation Also Known As Summary Organization(s) Priority Recommended by Board Notes State List/Position Staff Direction Decision 1 State Ting AB 68 Land Use: This bill reintroduces language from 2018 AB Oppose Unless Watch 03/07/19 Watch 7/3/19 Hearing set in Senate Environmental D-San Francisco Accessory 2890 (Ting) regarding accessory dwelling Amended: ACWA, Quality Committee. 6/18/19 Hearing set for Senate Dwelling Units units with prohibitions on local ordinances CSDA, CMUA, CASA Housing and Environmental Quality Committee. from imposing some limitations on size and 5/29/19 Referred to Senate Committees on location. This bill maintains a wastewater Housing and Environmental Quality and utility's ability to collect a proportional Governance and Finance. 5/22/19 Read third time connection fee, but prohibits capacity and and passed out of Assembly (61-10). 5/20/19 connection fees on ADUs or junior ADUs that Read Second time in Assembly. 5/16/19 Passed are "substantially"within the existing space from Assembly Appropriations Committee (15-1). of a single-family dwelling or accessory 4/24/19 On Suspense File in Assembly structure, including reconstruction of an Appropriations. 4/10/19 Passed from Assembly existing space with substantially the same Local Government Committee to Appropriations physical dimensions as the existing Committee. 3/27/19 Amended and referred to accessory structure. Committee on Housing and Community Development. 2 State Ting AB 69 Land Use: This bill introduces language related to Watch: ACWA Watch 03/07/19 Watch 7/1/19 Hearing set in Senate Appropriations D-San Francisco Accessory oversight by the state on local ordinances on Committee. 6/18/19 Hearing set for Senate Dwelling Units size and location that would impact Housing and Environmental Quality Committee. construction of accessory dwelling units. This 5/29/19 To Senate Housing Committee. 5/22/19 bill does not address utility connection fees at Read third time and passed out of Assembly (78- this time. 0). 5/20/19 Read Second time in Assembly. 5/16/19 Passed 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 6/24/19 Re-referred to Local Governement D-Fremont Dwelling Units dwelling units. In 2018 this author did Committee. 6/19/19 Hearing set for Assembly introduce language that would eliminate the Housing and Community Development utility connection fee for new construction of Committee. 6/6/19 To Assembly Committees on an accessory dwelling unit. Housing and Community Development and Local Government. 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". July 1 11 , 2019 Special Board +ting Agenda Pa et- Page 150 of 24 Page 4 of 11 Central San 2019 Priority Legislative Tracking Sheet as of - Attachment 1 Federal/ Industry Position Date of Board Author Legislation Also Known As Summary Organization(s) Priority Recommended by Board Notes State List/Position Staff Direction Decision 4 State Friedman AB 1180 Water: recycled This bill requires Title 22 for non-potable Sponsored by Support 03/07/19 Support b/24/19 In Senate Appropriations Suspense file. D-Glendale water uses to be updated by the Water Board by WateReuse California, 6/5/19 Passed out of Senate Environmental 2023. It also requires that a change over Support: CASA, CSDA Quality Committee. 5/29/19 Assigned to Senate device (such as swivel ell) be incorporated Environmental Quality Committee. 5/22/19 Passed into the Title 17 update currently underway. A from Assembly (78-0). 5/20/19 Read second time draft for the Title 17 changes will be released in Assembly. 5/16/19 Passed from Assembly in late summer 2019. WRCA (a member of Appropriations Committee (18-0). 4/24/19 In the Title 17 handbook committee) has Suspense File in Assembly Appropriations requested that a change over device or Committee. 4/1/19 Sent back to Appropriations swivel ell be included as part of this update. Committee. 3/27/19 Passed out to Appropriations Committee. Support letter sent to 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. July 11, 2019 Special Board Meeting Agenda Packet- Page 151 of 241 Page 5 of 11 Central San 2019 Priority legislative Tracking Sheet as of - Attachment 1 Federal/ Industry Position Date of Board Author Legislation Also Known As Summary Organization(s) Priority Recommended by Board Notes State List/Position Staff Direction Decision 6 State Hertzberg 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 D-Van Nuys & discharges by 2030, and a 95% reduction in ACWA. Oppose Unless Unless Held on Suspense in Senate Appropriations Wiener ocean discharges by 2040. Amended: WateReuse. Amended Committee hearing. 4/23/19 Passed from Senate D-San Francisco Support: Clean Water Judiciary Committee on 7-2 vote, now headed to Action, Heal the Bay, Appropriations Committee. 4/8/19 Staff is currently Sierra Club, Friends of assessing costs to Central San as per Board the River, City of Los Member Pilecki's request. 4/8/19 Hearing video Angeles 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. 7 State Cooley AB 510 Local Government 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 Records: department of a county or city, or the head of asked author to pull the bill. Author complied. destruction of a special district to destroy recordings of Letter of support sent 3/19/19. records routine video monitoring maintained by that 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. July 11, 2019 Special Board Meeting Agenda Packet- Page 152 of 241 Page 6 of 11 Central San 2019 Priority Legislative Tracking Sheet as of - Attachment 1 Federal/ Industry Position Date of Board Author Legislation Also Known As Summary Organization(s) Priority Recommended by 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, 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 in Committee. 5/6/19 passed out of Assembly this state of, chemicals used to treat water, Revenue and Taxation Committee on 9-0 vote. recycled water, or wastewater regardless of 4/25/19 Re-referred to Assembly Committee on whether those chemicals or other agents Revenue and Taxation. Fact sheet provided to become a component part thereof and Board on 3/21. 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 6/20/19 7/2/19 Hearing set in Assembly Water, Parks and D-San Francisco Act of 2019 denitrification without scientific basis and Keepers, Watch Board Watch Wildlife Committee. 6/18/19 Set for hearing at without regard to ongoing collaborative Oppose: CASA Unless 3/21/19 Opposed 3/21/19 Assembly Water, Parks, and Wildlife Committee. nutrients research efforts currently underway Amend to remove Oppose Oppose 6/6/19 To Assembly Committees on Water, Parks, in the Bay Area. It also disregards the current denitrification section and and Wildlife and Natural Resources. 5/21/19 Bill regulation of nutrients by the SF Bay address marine amendments printed and detitrification portion Regional Water Board through the Nutrients managed area section was removed from bill. Board member McGill and Watershed Permit (approved by EPA). This staffer Barnett met with Sen Wiener's staff- only is an unfunded mandate that could cost up to minor mention of bill. 5/16/19 Set for hearing in $12.413 in costs to Bay Area dischargers. Senate Appropriations. 4/29/19 Re-referred to This bill does apply to both ocean and bay Senate Appropriations Committee. 4/11/19 Read dischargers. second time in Senate, amended and re-referred 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. July 11, 2019 Special Board Meeting Agenda Packet- Page 153 of 241 Page 7 of 11 Central San 2019 Priority Legislative Tracking Sheet as of - Attachment 1 Federal/ Industry Position Date of Board Author Legislation Also Known As Summary Organization(s) Priority Recommended by Board State List/Position Staff Direction Decision 10 State Allen SB 54 (paired California Circular SB 54/AB 1080 establish a comprehensive Support: California Support 03/21/19 Support 6/24/19 Amended in Assembly Natural Resources D-Santa Monica bill is AB 1080) Economy and framework to address the pollution and waste Product Stewardship Committee, amendments not yet in print. 6/6/19 Skinner Plastic Pollution crisis. Specifically, single-use plastic Council To Assembly Natural Resources Committee. D-Berkeley Reduction Act packaging and products sold or distributed in 5/29/19 Passed out of Senate (28-8). 5/23/19 Stern California by must be reduced, recycled or Read Second time. 5/22/19 Read third time - D-Canoga Park composted by 75 percent by 2030. All single- amended. 5/16/19 Read second time in Senate. Wiener use packaging and products must be 5/16/19 Passed Senate Appropriations (4-2). D-San Francisco recyclable or compostable on and after 2030. 5/7/19 amended in Senate Appropriations.3/25/19 As part of a shift towards a more circular Read second time in Appropriations Committee. economy, the bills also instructs CalRecycle Attached fact sheet for March 21 st Board meeting. 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 7/2/19 Hearing set in Senate Housing Committee. D-San Francisco surplus land allow for first right of refusal for housing Unless Amend: CSDA 3/21/19 Oppose 3/21/19 Watch, 6/26/19 Hearing set in Senate Governance and entities for land not used for an agency's 3/21/19 Finance Committee. 5/29/19 Read third time and governmental operations. Some issues with Oppose Passed from Assembly (53-20). 5/16/19 Read bill still exist. Working with author. This second time in Assembly. 5/16/19 Passed would Fon,,, . 1 d,Etr!nt that would Assembly Appropriations Committee (12-4). se,elease +ra.,s;for, „r ether GGRveyaRGe 5/15/16 Hearing set for Assembly Appropriations their real property to fi-st E;eRd wFitteR RGt!Ge Committee. 5/2/19 Central San Board changed to of availability for possible affordable hOUSiRg. Watch position. CSDA continues to work with author. 4/25/19 In Assembly Coauthors revised. 4/11/19 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 extension Pollution Control Act to extend National Recycled Water Coalition to Congressmember D-California 3rd Pollutant Discharge Elimination System Garamendi supporting bill. Central San listed as District 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. July 11, 2019 Special Board Meeting Agenda Packet- Page 154 of 241 Page 8 of 11 Central San 2019 Priority Legislative Tracking Sheet as of - Attachment 1 Federal/ Industry Position Date of Board Author Legislation Also Known As Summary Organization(s) Priority Recommended by Board Notes State List/Position Staff Direction Decision 13 State Stone AB 749 Settlement Prohibits a settlement agreement in an Oppose: CSDA Oppose 04/04/19 Oppose 6/25/19 Heard in Senate Judiciary Committee. D-Monterey Bay agreements: employment dispute from containing a 5/8/19 Letter Opposing bill sent to Senators Glazer restraints in trade provision prohibiting, preventing, or otherwise and Dodd.5/2/19 Bauer-Kahan supported the bill restricting a settling party that is an aggrieved to pass out of Assembly. Grayson did not vote on person from working for the employer against bill. 4/10/19 In Assembly for third reading. 4/9/19 which the aggrieved person has filed a claim. Hearing set in Assembly Judiciary Committee. The result will be that all serious discipline 4/1/19 HR and Legal reviewed and requested this matters and terminations will have to be tried be placed as priority legislation, position: Oppose. 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 6/24/19 Sent to Senate Rules Committee. 5/21/19 D-Rancho Cordova Districts Week September 22-28, 2019 as Special Districts Board Member McGill spoke to multiple Asm/Sen Sept 22-28, 2019 Week. offices in support of ACR 89 for CSDA 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 Recycling Sponsor: California Support 06/20/19 Support 7/3/19 Hearing set in Senate Environmental D-South San Battery Fire Program in the Department of Resources Product Stewardship Quality Committee. 6/10/19 David Wyatt - Central Francisco Prevention Act Recycling and Recovery. Requires an entity Council (CPSC) San's HHW Supervisor reviewed legislation and Berman by 2021 to provide an annual list of lithium- requested support position. 6/10/19 Requested D-Palo Alto ion batteries sold seperately or sold with a Call to Action by CPSC to sign on to support bill. 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. July 11, 2019 Special Board Meeting Agenda Packet- Page 155 of 241 Page 9 of 11 Attachment 2 California Special Districts Association CRAMlT! Districts Stronger Together 6/21/19 Governor Reaches Deal for First Budget After months of negotiations, Governor Gavin Newsom and California lawmakers reached a deal on the 2019-20 State Budget, which will take effect in July 1 , following the Governor's signature. An extraordinary budget surplus was used to expand healthcare and other programs, while also setting aside billions of dollars in reserve funds in anticipation of an economic downturn. The $214.8 billion budget deal, passed by both houses of the State Legislature last Thursday, includes new spending on schools and homelessness, while bringing the total in the "Rainy-Day" surplus fund to $19 billion. Some aspects of the budget bill include: • $98 million to let undocumented young adults under age 26 enroll in Medi-Cal. • An individual mandate penalty to fine people who don't buy health insurance. • Nearly $13 million for communities affected by the Camp Fire in Northern California ($7 million of which will be going to the Paradise Irrigation District, which lost almost all of their customer base in the fire, to help cover one year of operations). • Over $2 billion to address housing and homelessness, including $250 million to help cities and counties plan for new housing as well as an additional $650 million for local government assistance to homeless programs. • Extension to paid family leave benefits from 6 weeks to 8 weeks beginning July 1, 2020, and reduction of the reserve requirement for the Disability Insurance Fund from 45 percent to 30 percent beginning July 1 , 2019. • A plan to fund safe and affordable drinking water projects with a statewide tax on water was abandoned, but the budget appropriates $130 million per year (planned through 2030) from the Greenhouse Gas Reduction Fund to clean up drinking water in some parts of the state. A proposal to divert property tax dollars away from special districts, schools, and other local agencies to fund new projects instead of paying down former redevelopment agency debt was also defeated during budget negotiations. July 11, 2019 Special Board Meeting Agenda Packet- Page 156 of 241 Page 10 of 11 Attachment 3 2020 General Election Qualifying Ballot Measure that Impact Central San Requires Certain Commercial and Industrial Real Property to be Taxed Based on Fair- Market Value. Dedicates Portion of Any Increased Revenue to Education and Local Services. Initiative Constitutional Amendment. Taxes certain commercial and industrial real property based on fair-market value—rather than, under current law, the purchase price with limited inflation. Exempts agricultural property and certain small businesses. Dedicates portion of any increased revenue to local services and to supplement, not replace, state's minimum-funding guarantee to schools. Provides tax exemption for$500,000 worth of tangible personal property used for business and all personal property used for certain small businesses. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local government: Net increase in annual property tax revenues of$6.5 billion to $10.5 billion in most years, depending on the strength of real estate markets. After paying for county administrative costs and backfilling state income tax losses related to the measure, the remaining $6 billion to $10 billion would be allocated to schools (40 percent) and other local governments (60 percent). July 11, 2019 Special Board Meeting Agenda Packet- Page 157 of 241 Page 11 of 11 Attachment 4 NACWA16)), THE VOICE FOR A CLEAN WATER FUTURE PFAS Package Passes Senate (July 3, 2019) -A major bipartisan effort to address PFAS chemicals advanced last week, as a package of bills that had been passed by the Senate Environment and Public Works (EPW) Committee was successfully attached to the Senate's National Defense Authorization Act. The Defense bill passed the Senate on an 86-8 vote. In attaching the PFAS bills to the Defense bill, Senate leaders believe they may have found the quickest path to getting PFAS legislation through Congress and to President Trump's desk. The bipartisan PFAS package has the support of EPW Chairman John Barrasso (R-WY) and Ranking Member Tom Carper(D-DE). The bill is also supported by other Senate champions for PFAS action, such as Sen. Shelley Moore Capito (D-WV), whose state has been acutely affected by groundwater hotspot concerns. The bill requires EPA to set a Maximum Contaminant Level for drinking water and provides monitoring assistance for water systems, requires tracking of PFAS by the US Geological Survey, and mandates reporting of PFAS discharges through Toxic Release Inventory reporting, among other requirements. The bill does not, however, direct EPA to designate PFAS as "hazardous substances"under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). This is an important win for NACWA member utilities and their strong advocacy on this issue. However, the issue of CERCLA designation remains an area of interest in the Senate. Accordingly,NACWA will remain engaged with Congress regarding the potential unintended impact that a hazardous substance designation for all PFAS could have on the municipal clean water community. The focus on PFAS legislation is now anticipated to shift to the House of Representatives. Numerous PFAS bills have been introduced in the House,but the House committees of jurisdiction have not yet released a comprehensive legislative package. More work in the House is anticipated throughout the summer. July 11, 2019 Special Board Meeting Agenda Packet- Page 158 of 241