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HomeMy WebLinkAbout11. Receive Legislative Matters update Page 1 of 2 Item 11. CENTRAL SAN BOARD OF DIRECTORS POSITION PAPER MEETING DATE: SEPTEMBER 16, 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. September 16, 2021 Regular Board Meeting Agenda Packet- Page 84 of 85 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 September 16, 2021 Regular Board Meeting Agenda Packet- Page 85 of 85 Central San 2021 Priority Legislative Tracking Sheet as of 9/15/21 Item 11. 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 Canada Flintridge) Bond prevention, safe Bond Act of 2022— of Sanitation Agencies 6/1/21 Sent to Senate Inactive File. 5/20/21 Measure SB drinking water Authorizes the sale of$5.51 billion in general obligation bonds. (CASA): Support if Hearing set in Senate Appropriations. 5/3/21 Held 45 drought $2.20 billion,wildfire prevention and community resilience Amended to include in Senate Appropriations Suspense File.4/15/21 preparation and $1.47 billion, protection of California's water supply and water quality additional monies Hearing set in Senate Governance and Finance flood protection $620 million, protecting fish and wildlife from climate risks requested for recycled Committee.4/8/21 Authors amendments. 2/8/21 bond act of 2022 $190 million, protecting agricultural land from climate risks water, etc. This is a reintroduced bill from previous session. 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 9/3/21 To Governor for signature. 8/30/21 (D-Van Nuys) Capture and entities responsible for stormwater management—including municipal, industrial, and and California Passed Senate with Assembly amendments 39-0. Diversion commercial stormwater dischargers—to more effectively manage stormwater and dry weather Coastkeeper Alliance 8/19/21 Passed Assembly 69-0. 7/8/21 In Authority runoff. The bill supplements the existing authority of all municipal wastewater agencies to enter (CCA) Assembly for third reading. 7/7/21 Passed into projects to divert and treat stormwater and dry weather runoff.Any agreement, project, or Assembly Appropriations Committee 14-0. 6/30/21 use of this authority is completely voluntary for all entities involved.The bill will therefore Passed Assembly Environmental Safety and Toxic promote regional interagency cooperation, improve water quality, and make efficient use of Materials Committee 9-0. 5/13/21 Double referred publicly owned infrastructure by removing onerous barriers that prevent stormwater capture, to Assembly Committees on Local Government treatment and recycling. and Environmental Safety and Toxic Materials. 4/22/21 Passed Senate 38-0. Moved to Assembly. 4/19/21 Senate Appropriations Hearing Set. 4/12/21 Passed from Senate Environmental Quality Committee 7-0. 1/23/20 Unanimous decision by CASA Legislative Committee to move forward with compromise bill with Hertzberg. 2/8/21 This is a reintroduced bill from previous session. 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 5/20/21 This bill held in Senate Appropriations and household their impact on solid waste landfills, health impacts, associated costs, and now include lithium- California Product will turn into a two-year bill. 5/20/21 Set for Hearing batteries ion and nickel metal hydraide to those studied (a change from the 2020 proposed legislation). Stewardship Council in Senate Chamber. 5/17/21 In Senate This is an extended producer responsibility bill and our HHW supervisor requested support. (CPSC), South Appropriations Suspense File.4/27/21 Passed Bayside Waste Senate Judiciary Committee 9-2. Sent to Senate Management Appropriations Committee.4/12/21 Passed from Authority, and Senate Environmental Quality committee 5-2. Californians Against 4/5/21 Amended. 2/8/21 This is a reintroduced bill Waste(SBWMA) from previous session. Central San 2021 Priority Legislative Tracking Sheet as of 9/15/21 Green Shading- bill enacted, Gray Shading- bill is dead, White Shading- bill in progress Federal/ Industry Position Board Date of Board State Author Legislation Also Known As Summary Organization(s) Recommended by Decision DirectionNotes Priority List/Position Staff 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 9/8/21 To Governor for signature.9/1/21 Monica) disposable labeled clearly and conspicuously to communicate that they should not be flushed, as specified. and National Assembly concurrance 75-0. 8/30/21 Passed products The bill would establish enforcement provisions, including authorizing a civil penalty not to Stewardship Action Senate 39-0,to Assembly for concurrence. 7/15/21 exceed $2,500 per violation to be imposed on a person who violates the bill's provisions.The bill Council (NSAC) Passed out of Senate Appropriations Committee provides that the industry conduct a 5 year customer education campaign on the labeling. This on consent. 7/1/21 Amended in Senate, re-referred bill would not apply to currently labeled "flushable wipes", but is a positive first step in tackling to Appropriations Committee. 6/29/21 Passed out the issue legislatively.This is the third attempt to pass this legislation.This bill represents an of Senate Judiciary Committee. Moved to Senate agreement with the industry. Appropriations Committee. 5/27/21 Referred to Senate Environmental Quality and Judiciary Committees. 5/13/21 Passed out of Assembly 75- 0. 5/5/21 Passed Assembly Appropriations Calendar and put on Assembly Consent Calendar. 4/13/21 Passed from Assembly Judiciary Committee 11-0.4/7/21 Passed from Assembly Environmental Safety and Toxic Materials Committee 9-0. 2/17/21 Bill in print. 2/8/21 This is a reintroduced bill from previous session. 5 Federal Representative H.R. 2238 Break Free From These bills require producers of covered products to finance programs to collect and process Support: CASA, Support Support 02/18/21 6/29/21 Rep. Lowenthal withdrew labeling Lowenthal (D-CA), and S. 984 Plastic Pollution the plastic product waste and implement cleanup programs with EPA approval.The bill would NSAC amendment due to opposition from the Energy and Senator Merkley(D- (companion Act create a 10-cent national refund program for all beverage containers regardless of material. Commerce Committee regarding questions as to OR) bill) Beginning January 2023, it would begin to phase out single-use plastic products and impose a whether the USEPA is the appropriate agency to fee on carryout bags. It would create a national standard for recycled content, and protect administer oversight. Rep. Lowenthal will introduce existing state action. CASA included language that includes wipes as part of the bill. a"Do Not Flush"labeling bill that will work with the Committee's concerns to move to adoption. 6/28/21 Rep. Lowenthal filed language requiring "Do Not Flush"labeling on all non-flushable wipes as an amendment to infrastructure package H.R. 3684. Central San sent letter of support on the amendment. 3/25/21 Companion bill on Senate side introduced and referred to Senate Finance Committee. 2/8/21 This is a reintroduced bill from previous session. 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, 4/14/21 This bill is likely dead. 3/17/21 Woodland Hills) 2021 "buy-in"fee methodology, and would instead require connection and capacity fees to be strongly. ^^^^S^ L J^1^ Oppose 02/18/2021 Amendments made that remove Assembly Majority assessed based on the actual costs of new development. The bill is being spearheaded byA, rpe dea L-lRless capacity/connections fees. No impact to Whip housing advocates that cite high development fees as an impediment to new housing. Official R;e;ded Water/Wastewater. 2/8/21 This is a reintroduced bill summary states: Prohibits a local agency from imposing a housing impact requirement bill from previous session. 1/28/21 CASA,ACWA, adopted by the local agency on a housing development project, as defined, unless specified CMUA and CSDA have a working group to requirements are satisfied by the local agency, including that the housing impact requirement be address this bill. roughly proportional in both nature and extent to the impact created by the housing development project. Central San 2021 Priority Legislative Tracking Sheet as of 9/15/21 Green Shading- bill enacted, Gray Shading- bill is dead, White Shading- bill in progress Federal/ Industry Position Board Date of Board State Author Legislation Also Known As Summary Organization(s) Recommended by Decision Direction Notes Priority List/Position Staff 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 9/10/21 Eligible for carryover as two year bill. Assistance provide water affordability assistance,for both drinking water and wastewater services, to low- Association of Clean 9/3/21 Sent to Assembly Inactive File. 8/31/21 Program income/economic hardship ratepayers in California. The bill would make moneys in the fund Water Agencies Third Reading in Assembly. 8/30/21 Second available upon appropriation by the Legislature to the state board to provide, as part of the (ACWA): Watch (both Reading in Assembly. 8/26/21 Passed Assembly Water Affordability Assistance Program established by the bill, direct water bill assistance,water will reconsider position Appropriations Committee 13-3. 7/5/21 Read and bill credits,water crisis assistance, affordability assistance, and short-term assistance to public at a future legislative amended. Re-referred to Appropriations water systems to administer program components. The bill would require the water board to meeting Committee. 6/30/21 Passed Assembly Utilities develop guidelines/oversight procedures/budget by January 1, 2023. and Energy Committee. Referred to Assembly To the extent this provision would impose new requirements on local publicly owned electric Appropriations Committee. 6/1/21 Passed Senate utilities and local publicly owned gas utilities,the bill would impose a state-mandated local 31-7, on to Assembly. 5/20/21 Set for hearing in program. Senate Appropriations Committee. 5/17/21 In The California Constitution requires the state to reimburse local agencies and school districts for Senate Appropriations Suspense File. 5/3/21 Re- certain costs mandated by the state. Statutory provisions establish procedures for making that referred to Senate Appropriations Committee. reimbursement, however, no funding has been identified yet in this bill. 4/29/21 Passed Senate Environmental Quality Committee 5-2.4/20/21 Re-referred to Senate Environmental Quality Committee.4/12/21 Passed as amended from Environmental Quality Committee.4/5/21 Additional authors amendments. 1/14/21 Introduced. 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 5/20/21 Bill failed to be taken up in Assembly, Principle Co-Author: Waters Act procedures, creates a new enforcement program, and requires all surface water in California to turns into two-year bill. 5/20/21 Decision will be Hertzberg be drinkable,fishable, and swimmable by 2050. The intent is to address chronic contamination made on if this bill moves forward. 5/19/21 Hearing (D-Van Nuys) of impaired receiving waters. in Assembly Appropriations author waived presentation and went to suspense.4/21/21 Passed Assembly Environmental Safety and Toxic Materials Committee 5-3.4/14/21 Central San+DSRSD Staff met with Assemblymember Bauer-Kahan staff to discuss bill concerns.4/13/21 New amendments in print.4/3/17/21 Staff continues to work with the author on amendments (two sets so far)that are baby steps to move this bill in a more positive direction. 2/2/21 Introduced. 9 State/ Garamendi (D-CA) H.R. 535 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 SEE ITEM 22-5/19/21 Central San will join Federal Sinema(D-AZ) Districts in COVID coronavirus relief fund and directs the Secretary to include special districts as an eligible issuer Districts Association advocacy as part of CSDA's Legislative Days push relief under the Municipal Liquidity Facility (CSDA): Support to outreach to local legislators to include special districts in funding.4/8/21 This bill directly will not go through, however the concept is moving forward through a State vehicle. Central San signed on to a coalition letter to the Governor to include special districts in COVID relief funding. 2/3/21 17 CA Co-sponsors including McNerny and DeSaulnier. Central San 2021 Priority Legislative Tracking Sheet as of 9/15/21 Green Shading- bill enacted, Gray Shading- bill is dead, White Shading- bill in progress Federal/ Industry Position Board Date of Board State Author Legislation Also Known As Summary Organization(s) Recommended by Decision Direction Priority List/Position Staff 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 9/15/21 Expected to be enrolled and sent to Remote Meetings would remove the requirement for agencies to post meeting notices/agendas in physical Governor for signature shortly.9/10/21 Passed During locations during an emergency. While the public must continue to have access to the remote with Urgency Clause 28-7 in Senate and 65-4 in Emergencies meeting and provided the ability to make public comment,this bill states agencies would not be Assembly.8/31/21 In Senate for reading. 7/13/21 required to make all remote meeting sites accessible to the public, nor include the remote Passed Senate Judiciary Committee. 7/6/21 In location details in the meeting notice or agenda during a declared state of emergency or a Senate. Read second time and amended. Re- declared local emergency.Additionally, agency board members would not be required to be at referred to Judiciary Committee. 7/1/21 Passed as remote sites within the territorial bounds of the agency during a declared state of emergency or amended in Senate Judiciary Committee 5-0. a declared local emergency 6/25/21 Chair of Senate Judiciary Committee does not want to allow counties to be able to declare emergencies, and only allow the Governor to declare. The Chair also wants a sunset provision. No purpose to this bill with those amendments. 6/2/21 In Senate, no committee assignments yet. 5/17/21 Passed out of Assembly 62-4. 5/11/21 In Assembly read second time-to third reading. 5/5/21 Hearing in Assembly Local Government Committee.4/6/21 From Assembly rereferred to Assembly Local Government Committee with authors amendments. 2/8/21 Request from CSDA to provide letter of support. 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 7/15/21 Resolution Chaptered. 7/6/21 Enrolled. Federal Gardens) Ratification of Basel Convention at the earliest opportunity and would request the Biden Administration to 7/5/21 Read third time.Adopted by Senate 34-0. Basal Agreement accomplish this ratification as a matter of urgency.The Basel Convention resolution on the 6/14/21 Hearing date in Senate Environmental Control of the Transboundary Movements of Hazardous Wastes and their Disposal (1989)was Quality Committee.4/28/21 Re-referred to Senate signed but never ratified by the United States. The United States is now one of only a few Environmental Quality Committee.4/5/21 Passed countries that have failed to ratify this vital multinational environmental agreement to protect by Assembly.4/5/21 Coauthors revised-Adopted developing countries from the export and dumping of wastes from rich industrialized countries. by Assembly(60-0). 2/8/21 Request from CPSC to According to the journal Science Advances the United States and Great Britain are the world's join letter of support. 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. Central San 2021 Priority Legislative Tracking Sheet as of 9/15/21 Green Shading- bill enacted, Gray Shading- bill is dead, White Shading- bill in progress Federal/ Industry Position Board Date of Board State Author Legislation Also Known As Summary Organization(s) Recommended by Decision Direction Notes Priority List/Position Staff 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 9/14/21 Enrolled.9/10/21 Passed Senate 33-2. Merced) Service: Legal sewer rates and changes to be the same 120 day currently placed capacity and connections 9/9/21 Passed Assembly 76-0. 8/23/21 Read in Actions charges. By applying the same judicial actions, procedures and timelines,this bill would provide Assembly second time. 8/19/21 Passed Assembly agencies with an expedited, conclusive, and binding determination about the validity of the Appropriations Committee 15-0. 7/7/21 Read in agency's action. By obtaining a speedy resolution,the agency can act in reliance on the action, Assembly second time and amended. Re-referred without the threat of lawsuits years later. to Appropriations Committee. 7/7/21 Re-referred to Assembly Appropriations Committee.With author's amendments to Assembly. 6/24/21 In Assembly for third reading. 6/22/21 Passed from Assembly Judiciary Committee 11-0. 6/9/21 Hearing date in Assembly Local Government Committee. 5/13/21 Double referred to Assembly Committees on Local Government and Judiciary. 5/6/21 Passed Senate 34-1.4/22/21 Senate second reading to third. 4/20/21 Passed Senate Judiciary Committee 10-0. 3/25/21 Passed from Senate Governance and Finance Committee(4-1). 3/2/21 CSDA staff recommending support position. 3/11/21 Date for Senate Governance and Finance Committee hearing. 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 5/4/21 This bill heavily amended in Assembly. Now Government: public meeting agendas, meeting materials, and meeting accessibility. Specifically,the bill will Watch only applies to cities/counties with over 250,000 Open Meetings require that: •All meetings of a legislative body for a local public agency(governing board, people. Special Districts removed from bill.4/14/21 committee or subcommittee)or the state to include both a call-in and an internet-based service No movement on this bill since introduction in late option for members of the public to attend the meeting •The internet-based service option must January. 3/5/21 With further staff review here provide closed captioning service would also be additional staffing required forever if •All meetings shall include an in-person public comment opportunity(whether the meeting is a we wanted to have all of our board meetings teleconference meeting or not) according to those requirements. Letting people •All agendas and instructions for accessing meetings must be translated into all languages for fully interact verbally over Teams or Zoom would which 5%of the populations in the area governed by the local agency is a speaker require having staff dedicated to running all that • Persons commenting in person shall not have more time or in any other way be prioritized over behind the scenes.Also,the closed captioning is persons commenting remotely via call-in or internet-based service an issue.We have a way to capture it • Instructions on how to attend the meeting via call-in or internet-based service shall be posted automatically word for word. But the punctuation online along with the meeting agenda in an easily accessible location (as drafted, likely in error, isn't good and it doesn't show who is saying what. this does not exempt those agencies without a website from this requirement) To do it right would require a human doing that as • Legislative bodies of local agencies shall employ a sufficient amount of qualified bilingual well. It is not clear if the closed captioning would persons to provide translation during the meeting in the language of the non-English-speaking also need to happen with translating but that would person, in jurisdictions which govern a substantial number of non-English-speaking people. "Non be problematic. 3/2/21 CSDA staff recommending English-speaking people"is defined as members of a group who either do not speak English, or oppose position. 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 9/15/21 Green Shading- bill enacted, Gray Shading- bill is dead, White Shading- bill in progress Federal/ Author Legislation Also Known As SumIndustry Position Board Date of Board ma Organization(s) Recommended by Notes State Decision Direction 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 4/5/21 Referred to the Subcommittee on Lawrence (D-MI)& Affordability, infrastructure improvements, with a priority on disadvantaged communities. The bill would Conservation and Forestry. 3/2/21 Introduced. Khanna (D-CA) Transparency, provide the following: Senator Bernie Sanders (I-VT) has introduced Equity, and -Provides$34.85 billion a year to drinking water and wastewater improvements; companion legislation in the Senate. 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 Hertzberg (D-Van SB 443 Referendum m Gut/Amended bill would require initiative and referendum measures to appear in the order in Neutral Neutral 4/15/21 4/12/21 Gut/Amended-not the same bill. Staff will Nuys) ^SIT- which they qualify for the ballot. This boll :: WatchWatch0-3.10- recommend Neutral position. 2/18/21 Introduced Elections: -Requires local jurisdictions with by district elections to utilize comprehensive redistricting criteria spot bill). Redistricting Equalization, planing the criteria on AB 849 -The boll would replace the discretion on current law for local jurisdictions to consider topography, geography, and communities of interest with a mandate to comply with a se Af PXP.I1 isove- redistricting criteria. Districts that are inconsistent with the new criteria would be prohibited apd- Gould not be"maintained," raising the possibility that a map adopted before the enactment of- S.B. 443 Such as Central Can's nevi dis+r'n+'n map, would need to beevaluated for compliance, even Of the districts remain properly apportioned under the 220-220- Census. . . I I .. uld make the population equality requirement more stringent. Whereas current law requires"substantial"equality On population "as required by the United States Constitution,"t4i&- boll would require jurisdictions to"achieve population equality as nearly as is practicable, eXGep-f_ where deviation is required ton ply gni'+h the federal Voting Rights Act." -Expi Gitly prohibits the consideration of incumbent or candidate residences creating maps. For Cities_;;nd Counties, current law prohibits including Such U risd n'+'g of interest analysis. Central San 2021 Priority Legislative Tracking Sheet as of 9/15/21 Green Shading- bill enacted, Gray Shading- bill is dead, White Shading- bill in progress Federal/ Industry Position Board Date of Board State Author Legislation Also Known As Summary Organization(s) Recommended by Decision Direction Priority List/Position Staff 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 Support 4/15/2021 9/9/21 To Governor for signature. 9/8/21 Orinda) Redistrictingsurrounding the potential dela in the release of census data and the effect of that dela on local 03/04/2021 g p y y Enrolled. 9/3/21 Passed in Senate with redistricting. Census data is now delayed 6 months. r" onvcvAssembly amendments 37-0.9/1/21 Re-referred to Senate Rules due to Assembly amendments.8/30/21 Passed Assembly with urgency clause 72-0,sent to Senate for concurrence.8/24/21 Passed Assembly Elections Committee 7-0.8/16/21 Author provided amendments in Assembly Rules Committee that would provide relief to Nov. 1 redistricting agencies like Central San.6/30/21 Meeting set with pertinent special districts and CSDA to agree on new amendment language. Nov 1 main agencies,including Central San are participants.6/25/21 Staff working extensively to bifurcate Nov. 1 redistricting deadline agencies from other language in current bill.6/15/21 Bill held in Senate Rules.5/20/21 Referred Assembly Elections and Local Government Committees.5/13/21 Passed Senate with urgency clause 38-0.To Assembly.5/6/21 Passed Senate Governance and Finance committee 5- 0. 5/3/21 Amendments accepted in committee.4/20/21 Central San Staff sent additional clarifying amendments to the committee staff that were subsequently accepted.4/12/21 Passed from Senate Elections and Constitutional Amendments Committee on(5-0)with District amendments.4/5/21 Central San amendments in print and to committee.3/26/21 Staff submitted two sets of amendments for inclusion in the 4/12/21 hearing.One set will 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 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 5/3/21 Bill pulled-will be a two-year bill.4/21/21 Friedman (D- machines: California contain a microfiber filtration system with a mesh size of 100 microns or smaller. CASA may choose to Committee hearing set in Assembly Environmental Glendale) microfiber filtration sponsor this bill Safety and Toxic Materials.4/7/21 Hearing postponed by committee. 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 This bill died as State Legislature was too busy to Voepel (R-San Week Week. take up most joint resolutions. Diego County) 19 State Assemblymember AB 678 Housing Current law, the Mitigation Fee Act, imposes various requirements with respect to the CSDA: Oppose Watch Watch 04/01/21 4/14/21 This bill is likely to not move forward. Grayson (D- development establishment, increase, or imposition of a fee by a local agency as a condition of approval of a 4/1/21 CSDA will likely oppose. 3/25/21 Amended Concord) projects:fees and development project, including requiring a local agency, in any action establishing, increasing, or and rereferred to Assembly Local Government and exactions cap imposing such a fee,to determine how there is a reasonable relationship between the fee's use Housing and Community Development and the type of development on which the fee is imposed.This bill would make nonsubstantive Committees changes to this requirement. Central San 2021 Priority Legislative Tracking Sheet as of 9/15/21 Green Shading- bill enacted, Gray Shading- bill is dead, White Shading- bill in progress Federal/ Industry Position Board Date of Board State Author Legislation Also Known As Summary Organization(s) Recommended by Decision Direction Notes Priority List/Position Staff 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 4/13/21 CASA Neutral Neutral 4/15/21 9/11/21 Enrolled. 8/30/21 Read in Senate second Grayson D- Development impact fee or other exaction and that study be updated every 8 years and noticed 30 days in Neutral. 3/26/21 Oppose Unless- Oppose 04/01/2021 time. 8/26/21 Passed Senate Appropriations Concord) Fees Nexus advance before adoption. It would require that nexus study to identify the existing level of Initially-CSDA, ArneRded kRless- Committee 7-0. 7/8/21 Passed Senate Housing 5- Studies service for each assessed impact, identify the proposed new level of service, explain the level of CASA, California ^r ended 0 and Appropriation Committees 9-0. 5/27/21 metric being used, and include a finding of why the new level of service is necessary. It would State Association of Passed Assembly 76-0.To Senate. 5/21/21 Set for require that a fee levied or imposed on a housing development project by a local agency be Counties(CSAC), Assembly Appropriations hearing. 5/4/21 Amended proportionate to the square footage of the proposed unit or units, and would seek to link local League of California and re-referred to Assembly Appropriations agency projects to a capital development or capital investment plan.Additionally, it requires the Cities(League), and Committee.4/14/21 Hearing set in Assembly Local Housing and Community Development Department to create an impact fee nexus study Urban Counties of Government Committee.4/13/21 With Committee template that includes a housing development feasibility study be included, and could very likely California (UCC): bill analysis, CASA will remove opposition.4/6/21 be produced on contract with the University of California's Terner Center. Oppose Unless Author's amendments removed connection and CASA/CSDA/ACWA/CMUA supported amendments to be proposed would likely include a total Amend capacity fee reference and essentially remove exception for connection and capacity charges, deletion of any reference to"exactions", deletion special districts from this bill. 3/25/21 Referred to of any linkage to a capital investment plan, deletion of the template created by HCD in favor of a Assembly Local Government Committee. 3/18/21 clearinghouse of nexus studies at the Governor's Office of Planning and Research, deletion of Spot bill that was gut and amended to include any square footage metric mandate in favor of an analysis in the nexus study explaining the use connection and capacity fees. of or non-use of square footage for a CASA/CSDA/ACWA/CMUA and other have joined particular metric, other technical and verbiage change requests. a working group to highlight that it is constitutionally illegal to subsidize one customer class over another(Proposition 218). Connection and capacity fees are still include despite authors office saying that they would be removed. 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 04/01/21 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 suspensions, Paid Sick Leave passed both houses, and had the Governor's signature all by 3/19/21. 22 Federal/ President HR 1319 American Rescue The President has provided the American Rescue Plan for COVID relief funds.While Special CSDA, CASA,ACWA: Support Support 05/20/21 7/12/21 California$100 Billion State Budget State Biden/Governor (Enacted Plan Districts were not specifically allocated monies in the Plan, it does not preclude California from Support passed/signed including COVID relief funding. Newsom/State 3/11/21), allocating a portion of the$27B they were given to be available, in part, to wastewater agencies. 6/29/21 California legislation SB 129, the Budget Senate TBD on Additionally, California has an unprecedented$75.7B budget surplus. Both of these substantial Act of 2021 was passed the legislator and was trailer bills funds has sparked the State Senate to put together a$3.4B plan to address drought resiliency, sent to Governor Newsom's desk for signature. In which includes water/recycled water infrastructure projects. Included in the plan is$1 B to go the bill is$100 million for COVID-19 relief funds for towards helping Californians catch up on their water,wastewater and electric bills. special districts. Central San has worked to communicate the need for special district relief at the Federal/State level. 5/19/21 Central San will join advocacy as part of CSDA's Legislative Days push to outreach to local legislators to include special districts in funding. 5/14/21 This is a carry over item from Item 9 H.R. 535.The concept is the same-inclusion of Special Districts in federal COVID relief funds. 23 Federal Representatives HR 3218 Wastewater Provides states and USEPA the discretionary authority to extend NPDES permit terms to up to CASA: Support Support Support 05/20/21 5/13/21 Legislation submitted. Carry over item Graves(R-MO)and Infrastructure 10 years. It further preserves all existing Clean Water Act authorities and remedies, including from previous sessions the Board has supported Young (R-AK) Improvement Act enforcement and citizen suit provisions. It also preserves the ability of regulators to reopen a concept to extend NPDES permit terms. of 2021 permit if circumstances warrant such action to ensure public health.