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HomeMy WebLinkAbout08. Receive legislative update Page 1 of 2 Item 8. Algi CENTRAL SAN BOARD OF DIRECTORS WE VS.101 M POSITION PAPER MEETING DATE: MARCH 18, 2021 SUBJECT: RECEIVE UPDATE ON PENDING LEGISLATIVE MATTERS AND 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 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 research at this time. As new information becomes available, it will be presented at future Board meetings. March 18, 2021 Regular Board Meeting Agenda Packet- Page 261 of 340 Page 2 of 2 A priority legislation tracking sheet for Board review and input will be sent prior to the Board meeting with the latest information. Staff will discuss several of the priority items at this meeting and expand on others in the coming weeks as more information becomes available. 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: Customer and Community Strategy 1—Deliver high-quality customer service, Strategy 2—Maintain a positive reputation March 18, 2021 Regular Board Meeting Agenda Packet- Page 262 of 340 Central San 2021 Priority Legislative Tracking Sheet as of 3117121 Green Shading-bill enacted, Item 8. Gray Shading-bill is dead, White Shading-bill in progress (Handout) Industry Position Date of Federal/ Organization(s) State Author Legislation Also Known As Summary Priority Recommended by Board Board Decision Notes List/Position Staff Direction 1 State Portantino(D-La Proposed Bond Wildfire SB 45 Wildfire Prevention,Safe Drinking Water,Drought Preparation,and Flood Protection California No position No position 02/18/21 2/8/21 This is a reintroduced bill from previous Canada Measure SB 45 prevention,safe Bond Act of 2022— Association of session. Flintridge) drinking water Authorizes the sale of$5.51 billion in general obligation bonds. Sanitation Agencies drought $2.20 billion,wildfire prevention and community resilience (CASA):Support if preparation and $1.47 billion,protection of California's water supply and water quality Amended to include flood protection $620 million,protecting fish and wildlife from climate risks additional monies bond act of 2022 $190 million,protecting agricultural land from climate risks requested for aka CA Climate $970 million,protecting coastal lands/oceans/bays/waters/natural resources/wildlife from recycled water,etc. Bond(if passed climate risks will be placed on $60 million,climate resilience,workforce development,and education Nov.2022 ballot). 2 State Hertzberg SB 273 Stormwater This bill authorizes municipal wastewater agencies to enter into voluntary agreements with Co-sponsored: Support Support 02/18/21 1/23/20 Unanimous decision by CASA Legislative (D-Van Nuys) Capture and entities responsible for stormwater management—including municipal,industrial,and CASA and Committee to move forward with compromise bill Diversion commercial stormwater dischargers—to more effectively manage stormwater and dry weather Califomia with Hertzberg.2/8/21 This is a reintroduced bill Authority runoff. The bill supplements the existing authority of all municipal wastewater agencies to enter Coastkeeper from previous session. into projects to divert and treat stormwater and dry weather runoff.Any agreement,project,or Alliance(CCA) use of this authority is completely voluntary for all entities involved.The bill will therefore promote regional interagency cooperation,improve water quality,and make efficient use of publicly owned infrastructure by removing onerous barriers that prevent stormwater capture, treatment and recycling. 3 State Newman(D- SB 289 Solid waste: This bill would conduct a study on the disposal and recyclability of household batteries, Co-sponsored: Support Support 02/18/21 2/8/21 This is a reintroduced bill from previous Brea) household including their impact on solid waste landfills,health impacts,associated costs,and now Califomia Product session. batteries include lithium-ion and nickel metal hydraide to those studied(a change from the 2020 Stewardship proposed legislation).This is an extended producer responsibility bill and our HHW supervisor Council(CPSC), requested support. South Bayside Waste Management Authority,and Californians Against Waste(SBWMA) 4 State Bloom(D-Santa AB 818 Nonwoven This bill would require,commencing July 1,2022,certain nonwoven disposal products to be Co-Sponsored: Support Support 02/18/21 2/17/21 Bill in print.2/8/21 This is a reintroduced Monica) disposable labeled clearly and conspicuously to communicate that they should not be flushed,as specified. CASA and National bill from previous session. products The bill would establish enforcement provisions,including authorizing a civil penalty not to Stewardship Action exceed$2,500 per violation to be imposed on a person who violates the bill's provisions.The Council(NSAC) bill provides that the industry conduct a 5 year customer education campaign on the labeling. This bill would not apply to currently labeled"flushable wipes",but is a positive first step in tackling the issue legislatively.This is the third attempt to pass this legislation.This bill represents an agreement with the industry. 5 Federal Representative TBD Break Free From These bills require producers of covered products to finance programs to collect and process Support:CASA, Support Support 02/18/21 2/8/21 This is a reintroduced bill from previous Lowenthal(D- Plastic Pollution the plastic product waste and implement cleanup programs with EPA approval.The bill would NSAC session. CA), Act create a 10-cent national refund program for all beverage containers regardless of material. Beginning January 2023,it would begin to phase out single-use plastic products and impose a fee on carryout bags.It would create a national standard for recycled content,and protect existing state action.CASA included language that includes wipes as part of the bill. Central San 2021 Priority Legislative Tracking Sheet as of 3117121 Green Shading-bill enacted, Gray Shading-bill is dead, White Shading-bill in progress Industry Position Date of Federal/ Organization(sl Author Legislation Also Known As Summary Recommended by Board Board Decision State Priority .111116 List/Position Staff Direction 6 State Gabriel(D- AB 59 Mitigation Fee Act This bill may eliminate the ability for agencies to assess connection and capacity fees using a CASA:Oppose ___._ Oppose 02/18/21 3117121 Amendments made that remove Woodland Hills) 2021 "buy-in"fee methodology,and would instead require connection and capacity fees to be strongly. 8ppese-Fdale6s Unless capacity/connections fees.No impact to Assembly assessed based on the actual costs of new development. The bill is being spearheaded by AmeNded Amended Water/Wastewater.2/8/21 This is a reintroduced Majority Whip, housing advocates that cite high development fees as an impediment to new housing.Official bill from previous session.1/28/21 CASA,ACWA, bill summary states:Prohibits a local agency from imposing a housing impact requirement CMUA and CSDA have a working group to (9-6easerd) adopted by the local agency on a housing development project,as defined,unless specified address this bill. 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. 7 State Dodd(D-Napa) SB 222 Water Affordability This bill would establish the Water Affordability Assistance Fund in the State Treasury to help CASA:Watch, Watch Watch 02/18/21 1/14/21 Introduced. Assistance provide water affordability assistance,for both drinking water and wastewater services,to low- Association of Program income/economic hardship ratepayers in California.The bill would make moneys in the fund Clean Water available upon appropriation by the Legislature to the state board to provide,as part of the Agencies(ACWA): Water Affordability Assistance Program established by the bill,direct water bill assistance, Watch(both will water bill credits,water crisis assistance,affordability assistance,and short-term assistance to reconsider position public water systems to administer program components.The bill would require the water at a future board to develop guidelines/oversight procedures/budget by January 1,2023. legislative meeting To the extent this provision would impose new requirements on local publicly owned electric utilities and local publicly owned gas utilities,the bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state.Statutory provisions establish procedures for making that reimbursement,however,no funding has been identified yet in this bill. 8 State Rivas(D- AB 377 California Clean The bill is sponsored by Coastkeeper and makes significant changes to NPDES permitting CASA:Oppose Oppose Oppose 02/18/21 3/17/21 Staff continues to work with the author on Hollister) Waters Act procedures,creates a new enforcement program,and requires all surface water in California to amendments(two sets so far)that are baby steps Principle Co- be drinkable,fishable,and swimmable by 2050. The intent is to address chronic contamination to move this bill in a more positive direction.2/2/21 Author: of impaired receiving waters. Introduced. Hertzberg (D-Van Nuys) 9 Federal Garamendi(D- H.R.535,S.91 Include Special These two identical bills would amend the Social Security Act to include special districts in the California Special Support Support 02/18/21 2/3/21 17 CA Co-sponsors including McNemy and CA)Sinema(D- Districts in COVID coronavirus relief fund and directs the Secretary to include special districts as an eligible issuer Districts DeSaulnier. AZ) relief under the Municipal Liquidity Facility Association (CSDA):Support 10 State Rivas(D- AB 361 Brown Act: The bill allows local agencies to meet remotely during a declared state or local emergency.It CSDA:Sponsor Support Support 02/18/21 2/8/21 Request from CSDA to provide letter of Hollister) Remote Meetings would remove the requirement for agencies to post meeting notices/agendas in physical support. During locations during an emergency.While the public must continue to have access to the remote Emergencies meeting and provided the ability to make public comment,this bill states agencies would not be required to make all remote meeting sites accessible to the public,nor include the remote location details in the meeting notice or agenda during a declared state of emergency or a declared local emergency.Additionally,agency board members would not be required to be at remote sites within the territorial bounds of the agency during a declared state of emergency or a declared local emergency Central San 2021 Priority Legislative Tracking Sheet as of 3117121 Green Shading-bill enacted, Gray Shading-bill is dead, White Shading-bill in progress Industry Position Date of Federal/ organization(s) Author Legislation Also Known As Summary Recommended by Board Board Decision Notes State Priority List/Position Staff Direction 11 State/ Garcia(D-Bell AJR 4 Support This joint resolution would declare California to be in favor of the United States'ratification of Support:CPSC Support Support 02/18/21 2/8/21 Request from CPSC to join letter of Federal Gardens) Ratification of the Basel Convention at the earliest opportunity and would request the Biden Administration to support. Basal Agreement accomplish this ratification as a matter of urgency.The Basel Convention resolution on the Control of the Transboundary Movements of Hazardous Wastes and their Disposal(1989)was signed but never ratified by the United States.The United States is now one of only a few countries that have failed to ratify this vital multinational environmental agreement to protect developing countries from the export and dumping of wastes from rich industrialized countries. According to the journal Science Advances the United States and Great Britain are the world's biggest source of plastic waste.In 2019,the Basel Convention was amended to include mixed and contaminated plastic waste shipments within its control procedure to address the problem of plastic waste collected for recycling in industrialized nations and sent to highly polluting recycling operations in developing countries.In these locations,the plastic waste is often dumped and burned rather than safely recycled.As of January 1,2021,such exports will require the notification and consent of receiving countries prior to export.However,the United States,not being a Basel Party will not be able to legally export wastes,which are illegal for the importing country to receive,leading to illegal traffic,seizures,lawsuits,and waste repatriation events.Plastic pollution is a growing global concern. 12 State Caballero(D- SB 323 Water or Sewer This ACWA sponsored measure sets the statute of limitations to challenge water and Sponsor:ACWA, Support Support 03/04/21 3/2/21 CSDA staff recommending support Merced) Service:Legal sewer rates and changes to be the same 120 day currently placed capacity and connections position.3/11/21 Date for Senate Governance and Actions charges.By applying the same judicial actions,procedures and timelines,this bill would provide Finance Committee hearing. agencies with an expedited,conclusive,and binding determination about the validity of the agency's action.By obtaining a speedy resolution,the agency can act in reliance on the action, without the threat of lawsuits years later. 13 State Lee(D-San AB 339 Local This bill would amend the Brown Act placing new requirements on public agencies for their Oppose Oppose 03/04/21 3/5/21 With further staff review here would also be Jose) Government: public meeting agendas,meeting materials,and meeting accessibility.Specifically,the bill will additional staffing required forever if we wanted to Open Meetings require that: •All meetings of a legislative body for a local public agency(governing board, have all of our board meetings according to those committee or subcommittee)or the state to include both a call-in and an internet-based service requirements.Letting people fully interact verbally option for members of the public to attend the meeting•The internet-based service option must over Teams or Zoom would require having staff provide closed captioning service dedicated to running all that behind the scenes. •All meetings shall include an in-person public comment opportunity(whether the meeting is a Also,the closed captioning is an issue.We have a teleconference meeting or not) way to capture it automatically word for word.But •All agendas and instructions for accessing meetings must be translated into all languages for the punctuation isn't good and it doesn't show who which 6%of the populations in the area governed by the local agency is a speaker is saying what.To do it right would require a •Persons commenting in person shall not have more time or in any other way be prioritized human doing that as well.It is not clear if the over persons commenting remotely via call-in or internet-based service closed captioning would also need to happen with •Instructions on how to attend the meeting via call-in or intemet-based service shall be posted translating but that would be problematic.3/2/21 online along with the meeting agenda in an easily accessible location(as drafted,likely in error, CSDA staff recommending oppose position. this does not exempt those agencies without a website from this requirement) •Legislative bodies of local agencies shall employ a sufficient amount of qualified bilingual persons to provide translation during the meeting in the language of the non-English-speaking person,in jurisdictions which govern a substantial number of non-English-speaking people. "Non-English-speaking people"is defined as members of a group who either do not speak English,or who are unable to effectively communicate in English because it is not their native language,and who comprise 5 percent or more of the people served by the statewide or any local office or facility of a state agency. •The provisions apply to local public agencies as well as the State.However,they do not apply to the California State Legislature in the same way. Central San 2021 Priority Legislative Tracking Sheet as of 3117121 Green Shading-bill enacted, Gray Shading-bill is dead, White Shading-bill in progress 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 14 Federal Congressmemb H.R.1352 Water It would create a WATER Trust Fund to deliver$35 million in dedicated funding for water Support Support 03/04/21 3/2/21 Introduced.Senator Bernie Sanders(I-VT) er Lawrence(D- Affordability, infrastructure improvements,with a priority on disadvantaged communities.The bill would has introduced companion legislation in the MI)&Khanna(D Transparency, provide the following: Senate. CA) Equity,and -Provides$34.85 billion a year to drinking water and wastewater improvements; Reliability -Creates a water trust fund; (WATER)Act of -Creates up to nearly 1 million jobs across the economy and protect American workers; 2021 -Prioritizes disadvantaged communities with grants and additional support; -Expands funding for technical assistance to small,rural,and indigenous communities, -Funds projects to address water contamination from PFAS, -Requires US EPA to study water affordability,shutoffs,discrimination,and civil rights violations by water providers; -Upgrades household wells and septic systems; -Helps homeowners replace lead service lines;and -Provides more than$1 billion a year to update water infrastructure in public schools. 15 State Senator SB 443 Elections: This bill: Watch Watch 03/04/21 2/18/21 Introduced(spot bill). Newman(D- Redistricting -Requires local jurisdictions with by-district elections to utilize comprehensive redistricting Fullerton) criteria that currently apply to districts for Senate,Assembly,Congress,and the State Board of Equalization,replacing the criteria in AB 849. -The bill would replace the discretion in current law for local jurisdictions to consider topography, geography,and communities of interest with a mandate to comply with a series of exclusive redistricting criteria.Districts that are inconsistent with the new criteria would be prohibited and could not be"maintained,"raising the possibility that a map adopted before the enactment of S.B.443,such as Central San's new districting map, would need to be evaluated for compliance,even if the districts remain properly apportioned under the 2020 Census. •S.B.443 would make the population equality requirement more stringent.Whereas current law requires"substantial"equality in population"as required by the United States Constitution,"this bill would require jurisdictions to"achieve population equality as nearly as is practicable,except where deviation is required to comply with the federal Voting Rights Act." -Explicitly prohibits the consideration of incumbent or candidate residences in creating maps. For Cities and Counties,current law prohibits including such information in a jurisdiction's communities of interest analysis. The bill does not address the fact that local jurisdictions do not yet know when they will receive Census data or the specific deadlines that will apply to the redistricting process. 16 State Senator Glazer SB 594 Elections:Local This bill would state the intent of the Legislature to enact legislation that would mitigate issues Support if Amended Support if 03/04/21 3/17/21 Staff working with a In its current form this (D-Orinda) Redistricting surrounding the potential delay in the release of census data and the effect of that delay on Amended bill would not provide relief to Central San under local redistricting.Census data is now delayed 6 months. our current requirement under the CA Health and Safety Code to redistrict by November 1,2021. Language to include Central San would be required to ensure the District falls within protections other agencies are afforded. 17 State Assemblymemb AB 622 Washing This bill would require,on or before January 1,2024,that all washing machines sold as new in CASA-Support, Support er Friedman(D- machines: California contain a microfiber filtration system with a mesh size of 100 microns or smaller. CASA may choose Glendale) microfiber filtration to sponsor this bill 18 State Assemblymemb ACR 17 Special Districts This measure proclaims the week of May 16,2021,to May 22,2021,to be Special Districts Sponsor:CSDA Support erVoepel(R- Week Week. San Diego County)