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HomeMy WebLinkAbout16. Receive Legislative Update Page 1 of 2 Item 16. CENTRAL SAN BOARD OF DIRECTORS POSITION PAPER MEETING DATE: AUGUST20, 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 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 Legislative Tracking Sheet and present details to the Board at the meeting. August 20, 2020 Regular Board Meeting Agenda Packet- Page 142 of 200 Page 2 of 2 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: Customer and Community Strategy 1—Deliver high-quality customer service August 20, 2020 Regular Board Meeting Agenda Packet- Page 143 of 200 Central San 2020 Priority Legislative Tracking Sheet as of 8/19/20 Attachment 1 Item 16. (Handout) Federal/ Organization(s) Industry Position Date of Author Legislation Also Known As Summary Recommended by Board Board Decision Notes State Priority List/Position Staff Direction 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 AS 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 8/19/20 AB 3256 No new developments.BilI is Gardens)/Allen Measures Climate Bond(s) 2020 WateReuse CA, inclusion of currently stuck in Assembly Rules Committee.SB (D-Santa AB 3256 Garcia Proposes the issuance of$6.98 billion in general obligation bonds CSDA:Support if recycled water 45 has had no developments since January. Monica) and SB 45 Allen $1.625 billion,wildfire prevention and climate risk reduction Amended requests-not Appears to have died.6/5/20 CSDA took Support $1.100 billion,protection of coastal lands,bays,and oceans from climate risks full bond. if Amended position if Special Districts included in $1.355 billion,protection of water supplies from droughts,reducing flood risk and safe drinking funding.6/4/20 Amended in Assembly 2nd reading water and re-referred to Rules Committee.May- $1.300 billion for the protection of California's wildlife,biodiversity,fisheries,and working and Governor indicated he will not support any climate agricultural lands from climate risks bond measure due to the state deficit.AB 3256 $1.600 billion for regional climate resilience projects 6/3/20 Passed from Appropriations Committee 13- ------------------------------------------------------------------------------------------------------------------SB 4,referred to Rules.5/18/20 Rereferred to 45(Allen)Wildfire Prevention,Safe Drinking Water,Drought Preparation,and Flood Protection Appropriations Committee.2/21/20 On legislative Bond Act of 2020— committee call-Revised WateReuse call to action Authorizes the sale of$5.51 billion in general obligation bonds. -requested that agencies that were not included $2.20 billion,wildfire prevention and community resilience on letter that had already gone out,join future $1.47 billion,protection of California's water supply and water quality letter.2/18/20 The first hearing for the Governor's $620 million,protecting fish and wildlife from climate risks climate bond is Feb.26,WateReuse requested $190 million,protecting agricultural land from climate risks Call to Action by COB Feb 20.WateReuse does $970 million,protecting coastal lands/oceans/bays/waters/natural resources/wildlife from not appear to be included in the updated language climate risks and measures.SB 45 no movement since 1/23/20. $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 Central San 2020 Priority Legislative Tracking Sheet as of 8/19/20 Attachment 1 Federal/ Organization(s) Industry Position Date of Author Legislation Also Known As Summary Recommended by Board Board Decision Notes State Priority List/Position Staff Direction 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 8/20/20 Set for hearing in Senate Appropriations (D-Santa disposable labeled clearly and conspicuously to communicate that they should not be flushed,as specified.CASA and National Committee.8/11/20 Passed 5-0 in Senate Monica) products The bill would prohibit a covered entity,from making a representation about the flushable Stewardship Action Environmental Quality Committee.7/9/20 in attributes,benefits,performance,or efficacy of those nonwoven disposal products,as provided. Council(NSAC) Senate Environmental Quality Committee.Re- The bill would establish enforcement provisions,including authorizing a civil penalty not to referred.7/6/20 Central San Letter of Support exceed$2,500 per violation to be imposed on a person who violates the bill's provisions. sent.6/17/20 Bill amended language expected by next week.May-CASA has reached an agreement with industry manufacturers on bill language.2/24/20 Spoke to this bill at DC CASA conference where staff moderated wipes panel discussion with federal legislative staff.1/23/20 Two-year bill reintroduced in agreement with wipes industry. 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 AB 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 Francisco) 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 03/05/20uppo 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 are CA), advertised as flushable,which only compounds Representative the problem. She credited CASA members for Thompson(D- bringing this issue to her staffs attention.2/25/20 CA). Discussion in DC with elected staff of Congressmembers DeSaulnier,McNerny,and Thompson regarding wipes issue included in this bill.2/19/20 Bill introduced. Central San 2020 Priority Legislative Tracking Sheet as of 8/19/20 Attachment 1 Federal/ Organization(s) Industry Position Date of Author Legislation Also Known As Summary Recommended by Board Board Decision Notes State Priority List/Position Staff DirectionJIM 9 State Grayson AB 1484 Mitigation Fee This bill may eliminate the ability for agencies to assess connection and capacity fees using a CASA:CSDA: 6/4/20 Oppose Unless 06/04/20 ose unless 8/19/20 Still no movent on this bill.3/9/20 District (D-Concord) Act:housing "buy-in"fee methodology,and would instead require connection and capacity fees to be Oppose Amended Amended staff discussed language concerns via phone with developments assessed based on the actual costs of new development. The bill is being spearheaded by office staff.3/4/20 Staff working with CASA on housing advocates that cite high development fees as an impediment to new housing.Official gathGFiRg fUFthGF possible amendment language.2/27/20 Bill in bill summary states:❑Prohibits a local agency from imposing a housing impact requirement .,,,e..,,e.,o.. print,staff reviewing language.Staff has adopted by the local agency on a housing development project,as defined,unless specified requested meeting with Legislative Director to requirements are satisfied by the local agency,including that the housing impact requirement discuss gray areas in bills related to capacity fees. be roughly proportional in both nature and extent to the impact created by the housing IL development project. 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/Title XVI This bill would reauthorize the WIIN/Title XVI program that is set to expire in 2021.The bill CASA:Support, Support 03/05/20 Support 8/14/20 Currently funding for water infrastructure Napolitano(D- reauthorization would permanently authorize the program and increase the funding authorization to$500 Western Recycled projects are being discussed as part of other relief CA) million from$50 million. Water Coalition packages and legislation.3/11/20 Discharged (WRWC):Support from Water,Power and Oceans Subcommittee. Marked up in House Committee on Natural Resourches.2/25/20 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 06/04/20 Support 8/5/20 CSDA leading discussion with special Garamendi(D- inclusion in Relief fund,to direct the Secretary to include special districts as an eligible issuer under the Municipal districts on definitions and guidance for legislation CA) Funds Liquidity Facility,and for other purposes.CSDA's goals with legislation are to define"special on how to implement funding and what/who would district"for federal program eligibility and establish direct access to Coronavirus Relief Fund, be eligible.7/1/20 Central San Letter of Support and include assistance for expenditures and revenue loss.Legislation would also mandate sent.6/1/20 Introduced.Referred to both the states to allocate no less than 5%of their allocations to special districts. Committee on Oversight and Reform and Financial Services.18 Cosponsors-including Congressmember Mike Thompson(CA-5). 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:SuppeR- Support 06/04/20 Support 8/14/20 Bill might die due to agreement between Glazer(D- Backup permitted emergency backup generator to use that emergency backup generator during a Support if Amended parties outside of legislation.7/27/20 In Assembly Orinda) Generators: deenergization event or other loss of power,and to test and maintain that emergency backup Natural Resources Committe.6/29/20 In Assembly critical facilities generator without having that usage,testing,or maintenance count toward that emergency Natural Resources Committee.6/25/20 Passed backup generator's time limitation on actual usage and routine testing and maintenance. out of Senate 37-0.6/9/20 In Senate.Read "Critical facility"means a facility necessary in providing essential public services,including,but second time to third reading.6/8/20 Released from not limited to,facilities such as hospitals,police stations,fire stations,emergency operations Senate Appropriations under Rule 28.8(not centers,water and wastewater facilities,incident command posts,and communication systems signficant cost to state). 6/5/20 CSDA Support if used to support essential public services. Amended.6/2/20 Bill amended,referred to Appropriations Committee.Bill is in response to Public Safety Power Shutoff(PSPS)events. Central San 2020 Priority Legislative Tracking Sheet as of 8/19/20 Attachment 1 Federal/ Organization(s) Industry Position Date of Author Legislation Also Known As Summary Recommended by Board Board Decision Notes State Priority List/Position Staff Direction 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 Support 8/20/20 Hearing set in Assembly Appropriations Monica) Equipment and equipment to any person or public entity to provide a written notice to the purchaser at the time Committee.7/30/20 Passed from Assembly Foam:PFAS of sale if the firefighter personal protective equipment contains perfiuoroalkyl and polyfiuoroalkyl Environmental Safety and Toxic Materials Chemicals substances.Provides that a violation of this requirement is punishable by a specified civil Committee on 8-0 vote.6/29/20 In Assembly penalty. Environmental Safety and Toxic Materials Committee.6/26/20 Passed out of Senate 38-0. 6/18/20 Hearing date for Senate Appropriations. 6/9/20 set for Senate Appropriations Hearing. 5/29/20 Passed from Senate Environmental Quality Committee 5-0.