HomeMy WebLinkAbout15. Receive final 2021 California State Legislation Session report Page 1 of 11
Item 15.
CENTRALSAN
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CENTRAL CONTRA COSTA SANITARY DISTRICT
October 21, 2021
TO: HONORABLE BOARD OF DIRECTORS
FROM: EMILYBARNETT, COMMUNICATIONS AND GOVERNMENT RELATIONS
MANAGER
REVIEWED BY: PHILIP LEIBER, DIRECTOR OF FINANCE AND ADMINISTRATION
KENTON L. ALM, DISTRICT COUNSEL
ROGER S. BAILEY, GENERAL MANAGER
SUBJECT: RECEIVE FINAL 2021 CALIFORNIA STATE LEGISLATIVE SESSION
REPORT
2021 State Legislative Year in Review
September 10, 2021, marked the end of the first year of a two-year session for the 2021-2022 California State
Legislative Session. By October 8, 2021, 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, 2022. Attached is the 2021 Priority
Legislation Tracking sheet updated as of October 14, 2021.
Although the calendar has not been officially published, the 2022 State Legislative Session is set to begin
January 3, 2022, with the last day to introduce bills in late-February 2022.
The 2021 State Legislative Session saw a surprising 8.5% decrease in the number of introduced bills
compared to the 2019 first-year session. While most bills are introduced the first year of a two-
year legislative session, the number was slightly less than the 2019 session. This was due to 2021
COVI D-19 restrictions at the Capitol and the impact that caused on the number of bills that could be heard
in committees. A total of the last nine years of bill introductions are:
• Total 2121 bill introductions: 2,776
• 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
October 21, 2021 Regular Board Meeting Agenda Packet- Page 149 of 382
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The 2021 Legislative Session mirrored 2020's Session that imposed changes on how many bills could be
heard and the public comment period for proposed legislation. While in 2020, the Governor's Shelter-in-
Place Order saw State lawmakers take a two-month pause in the Spring, grapple with an estimated $54
billion dollar deficit, and shut down the State Capitol building by strictly limiting access to scheduled
legislators and support staff, 2021 had a much more positive story. Upon returning, the Session was more
streamlined to move introduced bills through the process as quickly as possible. I n 2020, Legislators had
missed out on introducing legislation on topics other than those COVI D-19 related. The 2021 Session
allowed for all legislative topics to be considered, and had the State now experiencing an over$100 billion
surplus. Another surprising change in 2021 was the drama-free end-of-year floor session that concluded
early, by 9:00pm. I n all, over 900 bills were passed in 2021, on topics ranging from drought and wildfire
preparedness, expanded health coverage, and preparation against sea level rise.
Central San's 2021 Priority Legislation
Central San's Board of Directors (Board)took positions on 16 priority pieces of state legislation, and took watch
positions on another three bills, which is in line with other agencies. Of those:
• Seven Board-supported bills were enacted
• Three Board-opposed bills did not move forward
• Six either changed language to neutralize concern or were gut/amended
This year's major legislative victories include the passage of AB 818 (Bloom), which is the proper wipes
labeling bill that also requires wipes manufactures to implement and test for effectiveness a statewide
communications campaign on proper wipes disposal. The bill with the greatest immediate impact to
Central San was the passage of SB 594 (Glazer)which set out to tackle the delay of census data. This bill
accepted amendments from Central San and postponed the deadline for agencies, like Central San, which
were required to redistrict by November 1, 2021.
Success of a different kind was the lack of movement on bills that would eliminate the District's ability to
collect capacity fees AB 59 (Gabriel), and require duplicative and non-science based restrictions as part of
the permitting process AB 377 (Hertzberg).
2021 Legislative Takeaways
For the 2021 State Legislative Session, the biggest takeaway is the positive step forward towards normal.
The State is in an excellent economic position with a historic budget surplus.Additionally, most of the
State's legislative agendas aligned well with the Central San including: climate change preparedness,
circular economy, pollution prevention, drought preparedness, special district eligibility for COVI D-19 relief
funds and more.
Looking Forward
The upcoming 2022 Legislative Session might start similarly to how the 2021 session ended. The
legislature will likely continue to limit access to the Capitol and work to navigate their way out of the
pandemic.Additionally, similar topics will continue to be at the forefront of discussion including wildfires,
drought, and climate change.
Since 2019, staff has applied and been annually reappointed to the highly-competitive California Special
Districts Association's (CS DA) Legislative Committee, and has requested to do so for the 2022
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. Staff also continues to lead regional efforts on legislation with local sister
agency peers in order to develop uniform messaging to local legislative staff. Staff will continue to bring
timely and pertinent information to the Board to ensure they have the necessary details to make informed
October 21, 2021 Regular Board Meeting Agenda Packet- Page 150 of 382
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and critical legislative decisions.
Strategic Plan Tie-In
GOAL ONE: Customer and Community
Strategy 1—Deliver high-quality customer service, Strategy 2—Maintain a positive reputation
ATTACHMENTS:
1. Priority Legislative Tracking sheet as of 10-15-21
October 21, 2021 Regular Board Meeting Agenda Packet- Page 151 of 382
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Central San 2021 Priority Legislative Tracking Sheet as of 10/15/21
Green Shading- bill enacted,
Gray Shading- bill is dead,
White Shading- bill in progress
Federal/
State Author LegIndustry Position Board Date of Board 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 9/10/21 Eligible to carryover as a two year bill.
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 9/23/21 Governor signs as part of a group of
(D-Van Nuys) Capture and entities responsible for stormwater management—including municipal, industrial, and and California Climate Action bills. 9/3/21 To Governor for
Diversion commercial stormwater dischargers—to more effectively manage stormwater and dry weather Coastkeeper Alliance signature. 8/30/21 Passed Senate with Assembly
Authority runoff. The bill supplements the existing authority of all municipal wastewater agencies to enter (CCA) amendments 39-0. 8/19/21 Passed Assembly 69-
into projects to divert and treat stormwater and dry weather runoff.Any agreement, project, or 0. 7/8/21 In Assembly for third reading. 7/7/21
use of this authority is completely voluntary for all entities involved.The bill will therefore Passed Assembly Appropriations Committee 14-0.
promote regional interagency cooperation, improve water quality, and make efficient use of 6/30/21 Passed Assembly Environmental Safety
publicly owned infrastructure by removing onerous barriers that prevent stormwater capture, and Toxic Materials Committee 9-0. 5/13/21
treatment and recycling. Double referred to Assembly Committees on Local
Government 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.
October 21, 2021 Regular Board Meeting Agenda Packet- Page 152 of 382
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Central San 2021 Priority Legislative Tracking Sheet as of 10/15/21
Green Shading- bill enacted,
Gray Shading- bill is dead,
White Shading- bill in progress
Federal/
State Author Legislation Also Known As SumIndustry Position Board Date of Board ma Organization(s) Recommended by Decision Direction Notes
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 10/6/21 Signed by the Governor. 9/8/21 To
Monica) disposable labeled clearly and conspicuously to communicate that they should not be flushed, as specified. and National Governor for signature. 9/1/21 Assembly
products The bill would establish enforcement provisions, including authorizing a civil penalty not to Stewardship Action concurrence 75-0. 8/30/21 Passed Senate 39-0, to
exceed $2,500 per violation to be imposed on a person who violates the bill's provisions.The bill Council (NSAC) Assembly for concurrence. 7/15/21 Passed out of
provides that the industry conduct a 5 year customer education campaign on the labeling. This Senate Appropriations Committee on consent.
bill would not apply to currently labeled "flushable wipes", but is a positive first step in tackling 7/1/21 Amended in Senate, re-referred to
the issue legislatively.This is the third attempt to pass this legislation.This bill represents an Appropriations Committee. 6/29/21 Passed out of
agreement with the industry. Senate Judiciary Committee. Moved to Senate
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 nea 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.
October 21, 2021 Regular Board Meeting Agenda Packet- Page 153 of 382
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Central San 2021 Priority Legislative Tracking Sheet as of 10/15/21
Green Shading- bill enacted,
Gray Shading- bill is dead,
White Shading- bill in progress
Federal/
State Author LegIndustry Position Board Date of Board 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.
October 21, 2021 Regular Board Meeting Agenda Packet- Page 154 of 382
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Central San 2021 Priority Legislative Tracking Sheet as of 10/15/21
Green Shading- bill enacted,
Gray Shading- bill is dead,
White Shading- bill in progress
Federal/
State Author LegIndustry Position Board Date of Board Legislation Also Known As Summary Organization(s) Recommended by Decision Direction Notes
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 Last minute Senate floor amendments caused
Remote Meetings would remove the requirement for agencies to post meeting notices/agendas in physical significant changes to the bill including requiring
During locations during an emergency. While the public must continue to have access to the remote agencies individually to adopt-every 30 days-a
Emergencies meeting and provided the ability to make public comment,this bill states agencies would not be resolution to continue providing hybrid or virtual
required to make all remote meeting sites accessible to the public, nor include the remote meetings.The language is very clean which
location details in the meeting notice or agenda during a declared state of emergency or a speaks to the final rush. CSDA could have chosen
declared local emergency.Additionally, agency board members would not be required to be at to kill their sponsored bill, however,that would
remote sites within the territorial bounds of the agency during a declared state of emergency or leave agencies with no options to continue virtual
a declared local emergency meetings. 9/15/21 Expected to be enrolled and
sent to Governor for signature shortly. 9/10/21
Passed with Urgency Clause 28-7 in Senate and
65-4 in Assembly. 8/31/21 In Senate for reading.
7/13/21 Passed Senate Judiciary Committee.
7/6/21 In Senate. Read second time and
amended. Re-referred to Judiciary Committee.
7/1/21 Passed as amended in Senate Judiciary
Committee 5-0. 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.
October 21, 2021 Regular Board Meeting Agenda Packet- Page 155 of 382
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Central San 2021 Priority Legislative Tracking Sheet as of 10/15/21
Green Shading- bill enacted,
Gray Shading- bill is dead,
White Shading- bill in progress
Federal/
State Author LegIndustry Position Board Date of Board 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 9/22/21 Signed by the Governor. 9/14/21
Merced) Service: Legal sewer rates and changes to be the same 120 day currently placed capacity and connections Enrolled. 9/10/21 Passed Senate 33-2. 9/9/21
Actions charges. By applying the same judicial actions, procedures and timelines,this bill would provide Passed Assembly 76-0. 8/23/21 Read in Assembly
agencies with an expedited, conclusive, and binding determination about the validity of the second time. 8/19/21 Passed Assembly
agency's action. By obtaining a speedy resolution,the agency can act in reliance on the action, Appropriations Committee 15-0. 7/7/21 Read in
without the threat of lawsuits years later. Assembly second time and amended. Re-referred
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.
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Central San 2021 Priority Legislative Tracking Sheet as of 10/15/21
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.
October 21, 2021 Regular Board Meeting Agenda Packet- Page 157 of 382
Page 10 of 11
Central San 2021 Priority Legislative Tracking Sheet as of 10/15/21
Green Shading- bill enacted,
Gray Shading- bill is dead,
White Shading- bill in progress
Federal/
State Author Legislation Also Known As SumIndustry Position Board Date of Board ma Organization(s) Recommended by Decision Direction Notes
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 9/27/21 Signed by the Governor. 9/9/21 To
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 Governor for signature. 9/8/21 Enrolled. 9/3/21
redistricting. Census data is now delayed 6 months. Amended Passed in Senate with Assembly 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
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.
October 21, 2021 Regular Board Meeting Agenda Packet- Page 158 of 382
Page 11 of 11
Central San 2021 Priority Legislative Tracking Sheet as of 10/15/21
Green Shading- bill enacted,
Gray Shading- bill is dead,
White Shading- bill in progress
Federal/
State Author LegIndustry Position Board Date of Board 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 9/28/21 Signed by the Governor. 9/11/21
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 IR!ess Oppose 04/01/2021
Enrolled. 8/30/21 Read in Senate second time.
Concord) Fees Nexus advance before adoption. It would require that nexus study to identify the existing level of Initially-CSDA, ArneRded kRless- 8/26/21 Passed Senate Appropriations Committee
Studies service for each assessed impact, identify the proposed new level of service, explain the level of CASA, California ^r ended 7-0. 7/8/21 Passed Senate Housing 5-0 and
metric being used, and include a finding of why the new level of service is necessary. It would State Association of Appropriation Committees 9-0. 5/27/21 Passed
require that a fee levied or imposed on a housing development project by a local agency be Counties(CSAC), Assembly 76-0. To Senate. 5/21/21 Set for
proportionate to the square footage of the proposed unit or units, and would seek to link local League of California Assembly Appropriations hearing. 5/4/21 Amended
agency projects to a capital development or capital investment plan.Additionally, it requires the Cities(League), and and re-referred to Assembly Appropriations
Housing and Community Development Department to create an impact fee nexus study Urban Counties of Committee.4/14/21 Hearing set in Assembly Local
template that includes a housing development feasibility study be included, and could very likely California (UCC): Government Committee.4/13/21 With Committee
be produced on contract with the University of California's Terner Center. Oppose Unless bill analysis, CASA will remove opposition.4/6/21
CASA/CSDA/ACWA/CMUA supported amendments to be proposed would likely include a total Amend Author's amendments removed connection and
exception for connection and capacity charges, deletion of any reference to"exactions", deletion capacity fee reference and essentially remove
of any linkage to a capital investment plan, deletion of the template created by HCD in favor of a special districts from this bill. 3/25/21 Referred to
clearinghouse of nexus studies at the Governor's Office of Planning and Research, deletion of Assembly Local Government Committee. 3/18/21
any square footage metric mandate in favor of an analysis in the nexus study explaining the use Spot bill that was gut and amended to include
of or non-use of square footage for a connection and capacity fees.
particular metric, other technical and verbiage change requests. CASA/CSDA/ACWA/CMUA and other have joined
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.
October 21, 2021 Regular Board Meeting Agenda Packet- Page 159 of 382