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HomeMy WebLinkAbout11. Receive update on pending legislative matters Page 1 of 2 Item 11. CENTRAL SAN BOARD OF DIRECTORS POSITION PAPER MEETING DATE: JUNE 4, 2020 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 Roger S. Bailey 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. Due to recent changes with bills and the timing of the Board meeting, staff will provide the Priority June 4, 2020 Regular Board Meeting Agenda Packet- Page 395 of 449 Page 2 of 2 Legislative Tracking Sheet and present details to the Board at the Board meeting. 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 Tie-In GOAL ONE: Provide Exceptional Customer Service Strategy 1 - Build external customer relationships and awareness June 4, 2020 Regular Board Meeting Agenda Packet- Page 396 of 449 Central San 2020 Priority Legislative Tracking Sheet as of Item 11. (Handout) Attachment 1 Industry Position Date of Federal/ Organization(s)Author Legislation Also Known As Summary Recommended by Board Board Decision Notes State Priority Staff Direction List/Position 1 State Gloria AB 2093 Public records: This bill will require all public agencies to maintain all transmitted emails related to agency Oppose: California Oppose 02/20/20 Oppose 3/4/20 Letter in opposition sent to author.2/19/20 (D-San Diego) writing transmitted business for at least two years.This bill is identical to last year's AB 1184(Gloria)that the Special Districts CSDA requested a Call to Action from member by electronic mail: Governor vetoed and which the Department of Finance commented "[t]he retention of non- Association(CSDA) agencies.2/5/20 Bill introduced. retention pertinent e-mails and the need to search through those e-mails,particularly for less specific CPRA requests,increases the amount of time needed to complete CPRA requests.This makes compliance with the CPRA more difficult in these instances and produces worse outcomes for persons and entities submitting those requests[emphases added]." 2 State Garcia(D-Bell Proposed Bond California's AB 3256(Garcia)Economic Recovery,Wildfire Prevention,Safe Drinking Water Bond Act of Support: No position 02/20/20 Support only May-Governor indicated he will not support any Gardens)/Allen Measures Climate Bond(s) 2020 WateReuse CA inclusion of climate bond measure due to the state deficit.AB (D-Santa AB 3256 Garcia Proposes the issuance of$6.98 billion in general obligation bonds recycled water 3256 6/3/20 Passed from Appropriations Monica) and SB 45 Allen $1.625 billion,wildfire prevention and climate risk reduction requests-not Committee 13-4,referred to Rules.5/18/20 $1.100 billion,protection of coastal lands,bays,and oceans from climate risks full bond. Rereferred to Appropriations Committee.2/21/20 $1.355 billion,protection of water supplies from droughts,reducing flood risk and safe drinking On legislative committee call-Revised water WateReuse call to action-requested that $1.300 billion for the protection of California's wildlife,biodiversity,fisheries,and working and agencies that were not included on letter that had agricultural lands from climate risks already gone out,join future letter.2/18/20 The $1.600 billion for regional climate resilience projects first hearing for the Governor's climate bond is --------------------------------------------------------------------------------------------------------------- Feb.26,WateReuse requested Call to Action by SB 45(Allen)Wildfire Prevention,Safe Drinking Water,Drought Preparation,and Flood COB Feb 20.WateReuse does not appear to be Protection Bond Act of 2020— included in the updated language and measures. Authorizes the sale of$5.51 billion in general obligation bonds. SB 45 no movement since 1/23/20. $2.20 billion,wildfire prevention and community resilience $1.47 billion,protection of California's water supply and water quality $620 million,protecting fish and wildlife from climate risks $190 million,protecting agricultural land from climate risks $970 million,protecting coastal lands/oceans/bays/waters/natural resources/wildlife from climate risks $60 million,climate resilience,workforce development,and education 3 State Hertzberg SB 1052 Stormwater This bill authorizes municipal wastewater agencies to enter into voluntary agreements with Co-sponsored: Support 03/05/20 Support 1/23/20 Unanimous decision by CASA Legislative (D-Van Nuys) Capture and entities responsible for stormwater management—including municipal,industrial,and California Committee to move forward with compromise bill Diversion commercial stormwater dischargers—to more effectively manage stormwater and dry weather Association of with Hertzberg.2/18/20 Bill Introduced. Authority runoff. The bill supplements the existing authority of all municipal wastewater agencies to enter Sanitation Agencies into projects to divert and treat stormwater and dry weather runoff.Any agreement,project,or (CASA)and use of this authority is completely voluntary for all entities involved.The bill will therefore California promote regional interagency cooperation,improve water quality,and make efficient use of Coastkeeper publicly owned infrastructure by removing onerous barriers that prevent stormwater capture, Alliance treatment and recycling. 4 State Mullin AB 1509 Solid waste: This bill would establish the Lithium-Ion Battery Recycling Program in the Department of Co-sponsored: Support 03/05/20 Support 2/19/20 Two-year bill that will be carried over to (Assembly lithium-ion Resources Recycling and Recovery.The bill would require a manufacturer to provide a list of California Product 2020 legislative session. Speaker pro batteries products and amount sold to the state.The bill would define"covered product"to mean a Stewardship Tem) lithium-ion battery sold separately or sold with a product.The bill would require the Council(CPSC), (D-San Mateo) manufacturer to meet specified collection and recycling rates and establish a stewardship South Bayside program for these batteries. Waste Management Authority,and Californians Against Waste 5 State Bloom AB 1672 Nonwoven This bill would require,commencing January 1,2021,certain nonwoven disposal products to be Co-Sponsored: Support 03/05/20 Support 9IR May-CASA has reached an agreement with (D-Santa disposable labeled clearly and conspicuously to communicate that they should not be flushed,as specified.CASA and National industry manufacturers on bill language.2/24/20 Monica) products The bill would prohibit a covered entity,from making a representation about the flushable Stewardship Action Spoke to this bill at DC CASA conference where attributes,benefits,performance,or efficacy of those nonwoven disposal products,as provided. Council(NSAC) staff moderated wipes panel discussion with The bill would establish enforcement provisions,including authorizing a civil penalty not to federal legislative staff.1/23/20 Two-year bill exceed$2,500 per violation to be imposed on a person who violates the bill's provisions. reintroduced in agreement with wipes industry. Central San 2020 Priority Legislative Tracking Sheet as of Attachment 1 Industry Position Date of Federal/ Organization(s)Author Legislation Also Known As Summary Recommended by Board Board Decision Notes State Priority Staff Direction List/Position 6 State Bloom SB 424 Tobacco This bill would require the manufacturer of a tobacco product to use materials eligible for Sponsor:NSAC Support 03/05/20 Support 2/19/20 Bill will return as two-year bill.Not yet (D-Santa products:single- recycling under state or local recycling programs,including electronic waste recycling reintroduced-note some language may change. Monica) use and multiuse programs,to make any reusable component of the tobacco product,or,alternatively,if certain conditions are met,to collect reusable components that are not eligible for recycling through a take-back or mail-back program,as provided.The bill would define"reusable component"to mean a multiuse cigarette filter or a multiuse electronic cigarette that is designed to work for at least one year with daily use.The bill would require a manufacturer to collect reusable components that are household hazardous waste,and send those components to the appropriate recycler,or to reimburse household hazardous waste collection facilities,for the costs of collecting and recycling those reusable components.Enforcement:administrative penalty,on a manufacturer that is in violation of these provisions. 7 State Allen SB 54(paired California Circular SB 54/AB 1080 establish a comprehensive framework to address the pollution and waste crisis. Support 03/05/20 Support 2/2/19/20 Bill will return as two-year bill.Not yet (D-Santa bill is AS 1080) Economy and Specifically,single-use plastic packaging and products sold or distributed in California by must reintroduced Monica) Plastic Pollution be reduced,recycled or composted by 75 percent by 2030. All single-use packaging and Skinner Reduction Act products must be recyclable or compostable on and after 2030. As part of a shift towards a (D-Berkeley) more circular economy,the bills also instruct CalRecycle to develop incentives and policies to Stern encourage in-state manufacturing using recycled material generated in California.CalRecycle (D-Canoga will be given authority to adopt regulations to meet these goals,including developing criteria to Park) determine which packaging material qualifies as recyclable or compostable. Wiener (D-San 8 Federal Senator Udall S.3263 and Break Free From These bills require producers of covered products to finance programs to collect and process Support:CASA, Support 03/05/20 Support 3/4/20 House Committee on Energy and (D-New Mexico) H.R.5845 Plastic Pollution the plastic product waste and implement cleanup programs with EPA approval.The bill would NSAC Commerce Subcommittee on Environment and Representative (identical bills) Act create a 10-cent national refund program for all beverage containers regardless of material. Climate Change heard issues on nation's recycling Lowenthal(D- Beginning January 2022,it would begin to phase out single-use plastic products and impose a shortcomings.During the hearing,Rep.Matsui CA),Co- fee on carryout bags.It would create a national standard for recycled content,and protect explained that,while not common knowledge, sponsors: existing state action.CASA included language that includes wipes as part of the bill. single-use wipes contain plastics and adversely Senator Harris impact water treatment infrastructure when (D-CA)and flushed,which the local water agency must then Senator foot the bill to repair the impacted infrastructure. Feinstein(D- Rep.Matsui noted that often times these wipes CA), are advertised as flushable,which only Representative compounds the problem. She credited CASA Thompson(D- members for bringing this issue to her staffs CA). attention.2/25/20 Discussion in DC with elected staff of Congressmembers DeSaulnier,McNerny, and Thompson regarding wipes issue included in this bill.2/19/20 Bill introduced. 9 State Grayson AB 1484 Mitigation Fee This bill may eliminate the ability for agencies to assess connection and capacity fees using a 6/4/20 Oppose Unless 06/04/20 3/9/20 District staff discussed language concerns (D-Concord) Act:housing "buy-in"fee methodology,and would instead require connection and capacity fees to be Amend via phone with office staff.3/4/20 Staff working developments assessed based on the actual costs of new development. The bill is being spearheaded by with CASA on possible amendment language. housing advocates that cite high development fees as an impediment to new housing.Official gatheringfurther- 2/27/20 Bill in print,staff reviewing language.Staff bill summary states:❑Prohibits a local agency from imposing a housing impact requiremento^^n has requested meeting with Legislative Director to adopted by the local agency on a housing development project,as defined,unless specified discuss gray areas in bills related to capacity fees. requirements are satisfied by the local agency,including that the housing impact requirement be roughly proportional in both nature and extent to the impact created by the housing development project. Central San 2020 Priority Legislative Tracking Sheet as of Attachment 1 Industry Position Date of Federal/ Organization(s)Author Legislation Also Known As Recommended by Board Board Decision Notes State Priority NEW- List/Position Staff Dir ction 10 Federal Representative H.R.1764 National Pollutant 1.First bill would amend the Federal Water Pollution Control Act to extend National Pollutant H.R.1764-CASA H.R.1764-Support, 03/05/20 Support Low probability of moving forward.2/25/20 Spoke Garamendi(D- H.R.1497 Discharge Permit Discharge Elimination System Permit(NPDES)for up to 10 years. Support, H.R.1497 Support if /Support if to staff of congressional districts in support of CA) Elimination 2.Second bill includes permit extension,however also includes bar on administrative H.R.1497 CASA Amend Amend permit extension efforts. Representative System(NPDES) extensions for any NPDES permit holder that bill would impose.This would take away flexibility Support SRF DeFazio(D-OR) Extension from state permitting authorities and disadvantage local agencies.Bill also includes$20 billion funding and permit that reauthorize and increase the Clean Water State Revolving Loan Fund(SRF)over five extension years. provisions only. 11 Federal Representative H.R.1162 WIIN(fitle XVI This bill would reauthorize the WIIN(fitle XVI program that is set to expire in 2021.The bill CASA:Support, Support 03/05/20418 3/11/20 Discharged from Water,Power and Napolitano(D- reauthorization would permanently authorize the program and increase the funding authorization to$500 Western Recycled Oceans Subcommittee.Marked up in House CA) million from$50 million. Water Coalition Committee on Natural Resourches.2/25/20 (WRWC):Support Discussed this with congressional offices at the CASA DC conference.2/13/20 Introduced. 12 Federal Representative H.R.7073 Special District This bill would amend the Social Security Act to include special districts in the coronavirus relief CSDA:Sponsor Support 06/04/206/1/20 Introduced.Referred to both the Committee Garamendi(D- inclusion in Relief fund,to direct the Secretary to include special districts as an eligible issuer under the Municipal on Oversight and Reform and Financial Services. CA) Funds Liquidity Facility,and for other purposes.CSDA's goals with legislation are to define"special Cosponsors-including Congressmember Mike district"for federal program eligibility and establish direct access to Coronavirus Relief Fund, Thompson(CA-5). and include assistance for expenditures and revenue loss.Legislation would also mandate states to allocate no less than 5%of their allocations to special districts. 13 State Dodd(D-Napa), SB 1099 Emergency Requires air districts to adopt a rule,or revise its existing rules,to allow critical facilities with a CSDA:Support Support 06/04/20 6/2/20 Bill amended,referred to Appropriations Glazer(D- Backup permitted emergency backup generator to use that emergency backup generator during a Committee.Bill is in response to Public Safety Orinda) Generators: deenergization event or other loss of power,and to test and maintain that emergency backup Power Shutoff(PSPS)events. critical facilities generator without having that usage,testing,or maintenance count toward that emergency backup generator's time limitation on actual usage and routine testing and maintenance. 14 State Allen(D-Santa SB 1044 Firefighting Requires any person,including a manufacturer,that sells firefighter personal protective CASA:Support Support 06/04/20 6/9/20 set for Senate Appropriations Hearing. Monica) Equipment and equipment to any person or public entity to provide a written notice to the purchaser at the time 5/29/20 Passed from Senate Environmental Foam:PFAS of sale if the firefighter personal protective equipment contains perfluoroalkyl and polyfluoroalkyl Quality Committee 5-0. Chemicals substances.Provides that a violation of this requirement is punishable by a specified civil penalty.