HomeMy WebLinkAbout07. Receive final 2020 California State Legislative Session report Page 1 of 6
Item 7.
CENTRALSAN
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CENTRAL CONTRA COSTA SANITARY DISTRICT
October 15, 2020
TO: HONORABLE BOARD OF DIRECTORS
FROM: EMILYBARNETT, COMMUNICATION SERVICES AND
INTERGOVERNMENTAL RELATIONS MANAGER
REVIEWED BY: PHILIP LEIBER, DIRECTOR OF FINANCE AND ADMINISTRATION
KENTON L. ALM, DISTRICT COUNSEL
ROGER S. BAILEY, GENERAL MANAGER
SUBJECT: RECEIVE FINAL 2020 CALIFORNIA STATE LEGISLATIVE SESSION
REPORT
2020 State Legislative Year in Review
August 31, 2020, marked the end of the second year of a two-year session for the 2019-2020 California State
Legislative Session. By September 30, 2020, the Governor had three choices, to sign, veto, or allow the
bills passed by the Legislature to become law without his signature. Any bills not signed or vetoed by the
Governor are enacted automatically and will take effect on January 1, 2021. Attached is the 2020 Priority
Legislation Tracking sheet updated as of October 7, 2020.
Although the calendar has not been officially published, the 2021 State Legislative Session is set to begin
January 4, 2021, with the last day to introduce bills in mid-February 2021.
The 2020 State Legislative Session saw an 8.5% increase in the number of introduced bills compared to
the 2018 second-year session. While most bills are introduced the first year of a two-year legislative
session, the number still exceeds previous sessions. A total of the last eight years of bill introductions are:
• Total 2020 bill introductions: 2,390
• Total 2019 bill introductions: 3,033
• Total 2018 bill introductions: 2,200 (nearly)
• Total 2017 bill introductions: 2,495
• Total 2016 bill introductions: 1,993
• Total 2015 bill introductions: 2,297
• Total 2014 bill introductions: 1,930
• Total 2013 bill introductions: 2,256
The 2020 Legislative Session will set a record for its dramatic departure from previous sessions. The
Governor's Shelter-in-Place Order saw State lawmakers take a two-month pause in the Spring, grapple
October 15, 2020 Regular Board Meeting Agenda Packet- Page 43 of 89
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with a recession, and nearly shut down the State Capitol building by strictly limiting access to scheduled
legislators and support staff. Upon returning, the session was curtailed to about one-quarter of the
originally introduced bills, with strict focus on COVI D-19, wildfires, and recession-related/impacted bills.
However, what did not change was yet another marathon end-of-year floor session. The final session
witnessed partisan squabbling, the Assembly and Senate working through nearly 100 bills each, and the
death of many bills as final deliberations were not secured as the clock struck(after) midnight.
Central San's 2020 Priority Legislation
Central San's Board of Directors took positions on 12 priority pieces of state legislation, which is in line with
other agencies. Of those:
• One Board-supported bill was enacted
• Nine Board-supported bills did not move forward
• Two Board-opposed bills did not move forward
AB 1044, which was supported by the Board, co-authored by local Assemblymember Bauer-Kahan,
passed and was signed by the Governor on September 29, 2020. This bill goes into effect on January 1,
2022, and is focused on addressing Per-and polyfluoroalkyl (PFAS) in firefighting foam. It has several
provisions including:
• Sellers of firefighting personal protective equipment that contains PFAS must provide written notice
of it to the purchaser with fines for non-compliance
• Prohibits the sale and use of PFAS in firefighting foam with some exemptions
• If you have a waiver, you must report use of the PFAS containing foam to the State Fire Marshal who
will impose fees for use of the waiver
• Manufacturers must notify sellers to recall foam products that contains PFAS
• No person may discharge PFAS-containing foam, with civil penalty for violations
2020 Legislative Takeaways
For the 2020 State Legislative Session, the biggest takeaway was almost every bill did not move forward.
With the state suffering a substantial budget deficit, most of the bills discussed at the beginning of the year
did not move out of committees and did not survive the truncated session. For example, the highly
anticipated passage of the proper wipes labeling legislation AB 1672 died in committee, even though it
was deemed pandemic related.
The second major takeaway is that time matters, and the legislator was ill-prepared to conduct business
under pandemic-related conditions. The legislator is used to operating full-time, with a highly structured
schedule. When that timing was reduced, they did not have a successful strategy to address bills, or
operate successfully under remote conditions. This saw infections increase within the Capitol, the inability
to have proxy voting, which led to an Assemblymember being forced to bring her newborn baby on the
floor to vote, and lack of up-to-date technology for remote participation.
Looking Forward
The upcoming 2021-22 Legislative Session might start similarly to how the 2020 session ended. With the
economy still struggling, the State budget will force legislators to focus on policy that does not impact state
coffers. With the pandemic likely continuing, focuses will continue on economic stimulus, foreclosure/rental
protections, and worker/public safety.Additionally, with the wildfire season anticipated to continue through
to December, expect continued focus on funding wildfire response to be at the top of the list of legislative
priorities. Lastly, PFAS continues to be a concern for legislators, and was a needed bright spot in this
session, with the passage of a PFAS bill that focuses on producer responsibility.
October 15, 2020 Regular Board Meeting Agenda Packet- Page 44 of 89
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The California Association of Sanitation Agencies (CASA) has indicated that it will be moving forward with
the wipes labeling legislation yet again in 2021. Staff will continue to support CASA's communications
statewide in support of the wipes labeling bill.
In 2019 and 2020, staff was appointed to the highly-competitive California Special Districts Association's
(CSDA) Legislative Committee, and has requested to do so for the 2021 Legislative year. This is in
addition to continued participation with other member organizations' legislative committees, including:
CASA, WateReuse, Western Recycled Water Coalition, the California Product Stewardship Council, and
others.
Strategic Plan re-In
GOAL ONE: Customer and Community
Strategy 1—Deliver high-quality customer service, Strategy 2—Maintain a positive reputation
ATTACHMENTS:
1. Priority Legislation Tracking Sheet as of 10-7-2020
October 15, 2020 Regular Board Meeting Agenda Packet- Page 45 of 89
Central San 2020 Priory eegislative Tracking Sheet as of 10/7/20 Attachment 1
Green Shading - bill enacted,
Gray Shading - bill is dead,
White Shading - bill in progress
FedOrgIndustry Position Date of
eral/
Author Legislation Also Known As Sumanization(s)mary Recommended by Board Board Decision Notes
State Priority
Direction
List/Position Staff
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 8/19/20 AB 3256 No new developments.Bill 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
October 15, 2020 Regular Board Meeting Agenda Packet- Page 46 of 89
Central San 2020 Priory eegislative Tracking Sheet as of 10/7/20 Attachment 1
Green Shading - bill enacted,
Gray Shading - bill is dead,
White Shading - bill in progress
FedOrgIndustry Position Date of
eral/
Aanization(s)uthor Legislation Also Known As Summary Recommended by Board Board Decision Notes
State Priority
Direction
List/Position Staff
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 03/05/20 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 are
CA), advertised as flushable,which only compounds
Representative the problem. She credited CASA members for
Thompson (D- bringing this issue to her staff's 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.
October 15, 2020 Regular Board Meeting Agenda Packet- Page 47 of 89
Central San 2020 Priory eegislative Tracking Sheet as of 10/7/20 Attachment 1
Green Shading - bill enacted,
Gray Shading - bill is dead,
White Shading - bill in progress
FedOrgIndustry Position Date of
eral/ anization(s)
Author Legislation Also Known As Summary Recommended by Board Board Decision Notes
State Priority
Direction
List/Position Staff
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 Oppose 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 Watrhoffice staff. 3/4/20 Staff working with CASA on
housing advocates that cite high development fees as an impediment to new housing. Official gathering f,,,+hor possible amendment language. 2/27/20 Bill in
bill summary states: -]Prohibits a local agency from imposing a housing impact requirement +ra#eratiea 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
develoament aroiect.
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
vaarc nrnvicinnc nnly
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: gyppeI4 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
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 9/29/20 Signed by Governor. 9/10/20 To Governor
Monica) Equipment and equipment to any person or public entity to provide a written notice to the purchaser at the time for signature. 8/26/20 Passed the Assembly.
Foam: PFAS of sale if the firefighter personal protective equipment contains perfluoroalkyl and polyfluoroalkyl 8/20/20 Hearing set in Assembly Appropriations
Chemicals substances. Provides that a violation of this requirement is punishable by a specified civil Committee. 7/30/20 Passed from Assembly
penalty. Environmental Safety and Toxic Materials
Committee on 8-0 vote. 6/29/20 In Assembly
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.
October 15, 2020 Regular Board Meeting Agenda Packet- Page 48 of 89