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HomeMy WebLinkAbout07. Receive Legislative update Page 1 of 2 Item 7. CENTRAL SAN BOARD OF DIRECTORS POSITION PAPER MEETING DATE: APRIL 1, 2021 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 R. LEIBER, DIRECTOR OF FINANCE AND ADMINISTRATION i I �w... 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. April 1, 2021 Regular Board Meeting Agenda Packet- Page 76 of 153 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 re-In GOAL ONE: Customer and Community Strategy 1—Deliver high-quality customer service, Strategy 2—Maintain a positive reputation April 1, 2021 Regular Board Meeting Agenda Packet- Page 77 of 153 Central San 2021 Priority Legislative Tracking Sheet as of 4/1/21 Item 7. Green Shading- bill enacted, (Handout) Gray Shading- bill is dead, White Shading- bill in progress Industry Position Federal/ Board Date of Board State Author Legislation Also Known As Summary Organization(s) Recommended by Decision Direction Notes Priority List/Position Staff 1 State Portantino(D-La Proposed Wildfire SB 45 Wildfire Prevention, Safe Drinking Water, Drought Preparation, and Flood Protection California Association No position No position 02/18/21 2/8/21 This is a reintroduced bill from previous Canada Flintridge) Bond prevention, safe Bond Act of 2022— of Sanitation Agencies session. Measure SB drinking water Authorizes the sale of$5.51 billion in general obligation bonds. (CASA): Support if 45 drought $2.20 billion,wildfire prevention and community resilience Amended to include preparation and $1.47 billion, protection of California's water supply and water quality additional monies flood protection $620 million, protecting fish and wildlife from climate risks requested for recycled bond act of 2022 $190 million, protecting agricultural land from climate risks water, etc. aka CA Climate $970 million, protecting coastal lands/oceans/bays/waters/natural resources/wildlife from climate Bond (if passed 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: CASA 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 and California Committee to move forward with compromise bill Diversion commercial stormwater dischargers—to more effectively manage stormwater and dry weather Coastkeeper Alliance 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 (CCA) from previous session. into projects to divert and treat stormwater and dry weather runoff.Any agreement, project, or 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-Brea) SB 289 Solid waste: This bill would conduct a study on the disposal and recyclability of household batteries, including Co-sponsored: Support Support 02/18/21 2/8/21 This is a reintroduced bill from previous household their impact on solid waste landfills, health impacts, associated costs, and now include lithium- California Product session. batteries ion and nickel metal hydraide to those studied (a change from the 2020 proposed legislation). Stewardship Council This is an extended producer responsibility bill and our HHW supervisor requested support. (CPSC), 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: CASA 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. 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 bill Council (NSAC) 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 the Support: CASA, Support Support 02/18/21 2/8/21 This is a reintroduced bill from previous Lowenthal (D-CA), Plastic Pollution plastic product waste and implement cleanup programs with EPA approval. The bill would create NSAC session. Act 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 4/1/21 Green Shading- bill enacted, Gray Shading- bill is dead, White Shading- bill in progress Industry Position Federal/ Board Date of Board State Author Legislation Also Known As Summary Organization(s) Recommended by Decision Direction Notes Priority List/Position Staff 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 Watch Watch 3/18/21, 3/17/21 Amendments made that remove Woodland Hills) 2021 "buy-in"fee methodology, and would instead require connection and capacity fees to be strongly. Oppose Unie& Oppose 02/18/2021 capacity/connections fees. No impact to Assembly Majority assessed based on the actual costs of new development. The bill is being spearheaded by AFR8Rded Unless Water/Wastewater. 2/8/21 This is a reintroduced Whip housing advocates that cite high development fees as an impediment to new housing. Official Amended 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 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 Clean Program income/economic hardship ratepayers in California.The bill would make moneys in the fund Water Agencies available upon appropriation by the Legislature to the state board to provide, as part of the (ACWA): Watch (both Water Affordability Assistance Program established by the bill, direct water bill assistance, water will reconsider position bill credits,water crisis assistance, affordability assistance, and short-term assistance to public at a future legislative water systems to administer program components.The bill would require the water board to meeting develop guidelines/oversight procedures/budget by January 1, 2023. 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-Hollister) 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 Principle Co-Author: 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 Hertzberg 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 (D-Van Nuys) of impaired receiving waters. Introduced. 9 Federal Garamendi (D-CA) H.R. 535, S. 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 McNerny and Sinema(D-AZ) 91 Districts in COVID coronavirus relief fund and directs the Secretary to include special districts as an eligible issuer Districts Association DeSaulnier. relief under the Municipal Liquidity Facility (CSDA): Support 10 State Rivas(D-Hollister) 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 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 4/1/21 Green Shading- bill enacted, Gray Shading- bill is dead, White Shading- bill in progress Industry Position Federal/ Board Date of Board State Author Legislation Also Known As Summary Organization(s) Recommended by Decision Direction Notes Priority List/Position Staff 11 State/ Garcia(D-Bell AJR 4 Support This joint resolution would declare California to be in favor of the United States' ratification of the Support: CPSC Support Support 02/18/21 2/8/21 Request from CPSC to join letter of support. Federal Gardens) Ratification of Basel Convention at the earliest opportunity and would request the Biden Administration to 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 position. Merced) Service: Legal sewer rates and changes to be the same 120 day currently placed capacity and connections 3/11/21 Date for Senate Governance and Finance Actions charges. By applying the same judicial actions, procedures and timelines, this bill would provide 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 Jose) 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 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 5%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 over human doing that as well. It is not clear if the 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 internet-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 4/1/21 Green Shading- bill enacted, Gray Shading- bill is dead, White Shading- bill in progress Industry Position Federal/ Board Date of Board State Author Legislation Also Known As Summary Organization(s) Recommended by Decision Direction Notes Priority List/Position Staff 14 Federal Congressmember 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) Lawrence(D-MI)& Affordability, infrastructure improvements,with a priority on disadvantaged communities. The bill would has introduced companion legislation in the Khanna(D-CA) Transparency, provide the following: Senate. 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 Newman (D• SB 443 Elections: This bill : Watch Watch 03/04/21 2/18/21 Introduced (spot bill). Fullerton) Redistricting -Requires local jurisdictions with by-district elections to utilize comprehensive redistricting 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(D- 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 3/26/21 Staff submitted two sets of amendments Orinda) Redistricting surrounding the potential delay in the release of census data and the effect of that delay on local Amended for inclusion in the 4/12/21 hearing. One set will redistricting. Census data is now delayed 6 months. provide relief only to Central San, the second set provides umbrella relief to all special districts that fall under a special or enabling act requiring a date for redistricting. 3/17/21 Staff working with a In its current form this bill would not provide relief to Central San under 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. Central San 2021 Priority Legislative Tracking Sheet as of 4/1/21 Green Shading- bill enacted, Gray Shading- bill is dead, White Shading- bill in progress Industry Position Federal/ Board Date of Board State Author Legislation Also Known As Summary Organization(s) Recommended by Decision Direction Notes Priority List/Position Staff 17 State Assemblymember AB 622 Washing This bill would require, on or before January 1, 2024, that all washing machines sold as new in CASA-Support, Support Support 03/18/21 Friedman (D- machines: California contain a microfiber filtration system with a mesh size of 100 microns or smaller. CASA may choose to Glendale) microfiber filtration sponsor this bill 18 State Assemblymember ACR 17 Special Districts This measure proclaims the week of May 16, 2021, to May 22, 2021,to be Special Districts Sponsor: CSDA Support Support 03/18/21 Voepel (R-San Week Week. Diego County) 19 State Assemblymember AB 678 Housing Current law,the Mitigation Fee Act, imposes various requirements with respect to the CSDA: Oppose Watch 04/01/21 4/1/21 CSDA will likely oppose. 3/25/21 Grayson (D- development establishment, increase, or imposition of a fee by a local agency as a condition of approval of a Amended and rereferred to Assembly Local Concord) projects:fees and development project, including requiring a local agency, in any action establishing, increasing, or Government and Housing and Community exactions cap imposing such a fee, to determine how there is a reasonable relationship between the fee's use Development Committees and the type of development on which the fee is imposed. This bill would make nonsubstantive changes to this requirement. 20 State Assemblymember AB 602 Impact Fees: This bill would require, a local agency to produce a nexus study prior to the imposition of any CSDA and CASA: Oppose Unless 04/01/21 3/25/21 Referred to Assembly Local Grayson (D- Development impact fee or other exaction and that study be updated every 8 years and noticed 30 days in Oppose Unless Amended Government Committee. 3/18/21 Spot bill that Concord) Fees Nexus advance before adoption. It would require that nexus study to identify the existing level of service Amend,ACWA was gut and amended to include connection Studies for each assessed impact, identify the proposed new level of service, explain the level of metric expected full oppose and capacity fees. CASA/CSDA/ACWA/CMUA being used, and include a finding of why the new level of service is necessary. It would require on 4/2/21 and other have joined a working group to that a fee levied or imposed on a housing development project by a local agency be highlight that it is constitutionally illegal to proportionate to the square footage of the proposed unit or units, and would seek to link local subsidize one customer class over another agency projects to a capital development or capital investment plan.Additionally, it requires the (Proposition 218). Connection and capacity Housing and Community Development Department to create an impact fee nexus study fees are still include despite authors office template that includes a housing development feasibility study be included, and could very likely saying that they would be removed. be produced on contract with the University of California's Terner Center. CASA/CSDA/ACWA/CMUA supported amendments to be proposed would likely include a total exception for connection and capacity charges, deletion of any reference to"exactions", deletion of any linkage to a capital investment plan, deletion of the template created by HCD in favor of a clearinghouse of nexus studies at the Governor's Office of Planning and Research, deletion of any square footage metric mandate in favor of an analysis in the nexus study explaining the use of or non-use of square footage for a particular metric, other technical and verbiage change requests. 21 State Senator Skinner(D- SB 95 COVID-19 This bill creates a statewide policy to allow employees access to 80 hours of COVID-19 Oppose: CAL No position No action This bill was gut/amended on 3/15/21,went into Oakland) Supplemental supplemental paid sick leave retroactive from January 1, 2021 through September 30, 2021. Chamber required print, passed committees with rule Paid Sick Leave suspensions, passed both houses,and had the Governor's signature all by 3/19/21.