HomeMy WebLinkAbout14. Receive Legislative Matters update Page 1 of 2
Item 14.
CENTRAL SAN BOARD OF DIRECTORS
POSITION PAPER
MEETING DATE: JUNE 2, 2022
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
ROGER S. BAILEY, GENERAL MANAGER
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
June 2, 2022 Regular Board Meeting Agenda Packet- Page 195 of 236
Page 2 of 2
research at this time. As new information becomes available, it will be presented at future Board
meetings.
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
June 2, 2022 Regular Board Meeting Agenda Packet- Page 196 of 236
Central San 2022 Priority Legislative Tracking Sheet as of 6/1 /22 Item 14.
Green Shading - bill enacted, (Handout-1)
Gray Shading - bill is dead,
White Shading - bill in progress
Industry Position Date of
Federal/ Organization(s) Board
Author Legislation Also Known As Summary Recommended Board Notes
State Priority Decision
List/Position by Staff Direction
1 State Bloom (D-Santa AB 2247 Perfluoroalkyl and This bill would require the Department of Toxic Substances Control to work with the Sponsor: California Support Support 03/03/22 5/26/22 Passed in Assembly. 5/23/22 Passed
Monica), polyfluoroalkyl Interstate Chemicals Clearinghouse to establish, by January 1, 2024, a publicly Association of second Assembly reading. 5/19/22 Passed with
Principal substances accessible reporting platform to collect information about PFAS and products or product Sanitation amendments from Assembly Appropriations 12-4.
coauthor: (PFAS) products: components containing regulated PFAS, as defined, being sold, distributed, or offered Agencies (CASA) 4/26/22 Passed out of Assembly Environmental
Senator Allen disclosure: for promotional purposes in, or imported into, the state. The PFAS containing product &Clean Water Safety and Toxic Materials Committee and
publicly must be registered and reported to the platform by March 1, 2024, and updated Action, WateReuse referred to Assembly Appropriations Committee.
accessible annually. The bill also authorizes enforcement agencies to request a certificate of California: Support 4/20/22 Authors amendments presented in
reporting platform compliance, subject to the bill's requirements, from the manufacturer within 30 days. Assembly Environmental Safety and Toxic
Manufacturers who violate this requirement would be subject to civil penalties not to Materials Committee. 2/16/22 Bill introduced.
exceed $2,500 per day up to$100,000 maximum for each violation. Amendments 4/20:
"Manufacturer"does not include a state agency, as defined in Section 46025, or a local
agency, as defined in subdivision (c)of Section 66000 of the Government Code.
Amendments 5/19: Pushes back implementation one year to July 1, 2025, and
changed required reporting to"intentionally added" PFAS.
2 Federal McClain HR 6591 "Protecting PIPES Act: Requires the Environmental Protection Agency to publish a rule that Sponsored: Support Support 03/03/22 2/3/22 Introduced and sent to House Committee
(R-MI 10) Infrastructure and establishes standards for the flushability of disposable nonwoven wipes. National on Energy and Commerce.
Promoting Stewardship Action
Environmental Council (NSAC),
Stewardship Act" CASA: Support
aka PIPES Act
3 Federal Lowenthal (D- HR 4602 "Wastewater Directs the Federal Trade Commission to issue regulations requiring certain products to Sponsored: Support Support 03/03/22 7/22/21 Introduced and sent to House Committee
CA 47) Infrastructure have "Do Not Flush" labeling. National on Energy and Commerce.
Pollution Stewardship Action
Prevention and Council (NSAC),
Environmental CASA: Support
Safety Act"aka
WIPPES Act
4 State Newman (D- SB 991 Public contracts: This bill, until January 1, 2033, authorizes local agencies, defined as any city, county, Sponsored: Water Support Support 03/03/22 6/8/22 Hearing set. 5/19/22 Moved to Assembly
Fullerton) progressive city and county, or special district authorized by law to provide for the production, Collaborative Local Government Committee. 5/9/22 Passed out
design-build: local storage, supply, treatment, or distribution of any water from any source, to use the Delivery of Senate 33-0. *This bill is moving quickly.
agencies progressive design-build process for public works projects in excess of$5,000,000, Association, 4/19/22 Second reading in Senate. To third
similar to the progressive design-build process authorized for use by the Director of Support: Metro reading. 3/31/22 Passed out of Appropriations 5-
General Services. The bill would require specified information to be verified under Water District of 0. 2/14/22 Introduced. 1/13/22 Board supported in
penalty of perjury. By expanding the crime of perjury, the bill would impose a state- Southern concept proposed legislation.
mandated local program. From the sponsor, this bill provides the following: more precise California, CSDA:
definitions of Progressive Design Build and Qualifications Based Selection. The Support
language provides limited application to projects over$5M. The bill includes additional
language to allow sharing of costs below Guarantee Maximum Price to be shared,
based on pre-established percentages defined in the Request for Qualifications. The bill
also limits subcontractor listing requirements exceeding one-half of 1% allocable to
projects with a contract value greater than or equal to$10M. Amendments 3/22/22:
Changes the proposed repeal date from January 1, 2033 to January 1, 2029. Added
detailed reporting requirements to State for all design-build contracts.
Central San 2022 Priority Legislative Tracking Sheet as of 6/1/22
Green Shading - bill enacted,
Gray Shading - bill is dead,
White Shading - bill in progress
Industry Position Date of
Federal/ Organization(s) Board
Author Legislation Also Known As Summary Recommended Board Notes
State Priority Decision
List/Position by Staff Direction
5 State Grayson (D- AB 2536 Transparency for This bill would, on and after January 1, 2023, require a local agency that imposes fees CASA, CSDA: Watch, Watch, 3i3i�,�/2022, 5/25/22 To Senate Governance and Finance
Concord) Connection and for water connections or sewer connections, or imposes capacity charges, as provided, Oppose, ACWA: Neutral Neutral 5/26/22 Committee. 5/16/22 Passed Assembly 70-0.
Capacity Fees and that conducts a study to support the estimate of the reasonable cost of providing 9pp^ce '�T 5/4/22 Passed from Assembly Local Government
the service to follow certain standards and practices, as defined and specified. Amend, Neutral Committee 8-0. 4/26/22 Amended in Assembly
Local Government Committee. *Minor
amendments- not substantive. Hearing date set
for 5/4/22. 2/17/22 Introduced. Staff in review
process. Bill is replica of failed 2022 legislation
AB 602. 3/3/22 Board received fact sheet as part
of packet.
6 State Newman (D- SB 1215/AB Battery and These companion bills would prohibit a person from knowingly disposing of a lithium-ion California Product Support Support 03/03/22 6/14/22 Hearing set in Assembly Safety and Toxic
Fullerton)/ Irwin 2440 Battery- battery in a container or receptacle that is intended for the collection of solid waste or Stewardship Materials Committee. 5/24/22 SB 1215 Passed
(D-Thousand Embedded recyclable materials, unless the container or receptacle is designated for the collection Council (CPSC): Senate 28-8. 5/23/22 AB 2440 Passed Assembly
Oaks) Product Recycling of batteries for recycling, as provided. This bill also requires producers of batteries, Sponsor 58-7. 4/25/22 Passed out of Assembly Natural
and Fire Risk battery packs, and battery-embedded products offered for sale or sold in this state to Resources Committee 9-0. 4/5/22 Passed from
Reduction Act of develop, finance, and implement a convenient and cost-effective stewardship program/ Assembly Environmental Safety and Toxic
2022 collection program to recover and recycle batteries, battery packs, and battery- Materials Committee 7-1. 4/4/22 Coalition letter of
embedded products. support sent. 2/17/22 Introduced.
7 State Bauer-Kahan (D- AB 2374 Crimes Against This bill requires, instead of authorize, the court to order a person convicted of dumping Contra Costa Support Support 03/03/22 5/25/22 To Senate Public Safety Committee.
Orinda) Public Health and commercial quantities of waste to remove, or pay for the removal of, the waste matter County Board of 5/16/22 Passed Assembly 69-0. 5/11/22 Passed
Safety: Dumping that was illegally dumped. The bill would authorize the court to order the surrender of a Supervisor Burgis: Assembly Appropriations Committee. 4/26/22
professional or business license that is related to the illegal dumping activity for which Sponsor, CASA Passed out of Assembly Business and
the person has been convicted, as a condition of probation. Amendments- reduced Support Professions Committee 17-0. 4/8/22 Central San
fines for violations, and removed the requirements by court to pay for cleanup, and letter of support sent. 4/5/22 Passed out of
instead made it an option. Assembly Public Safety Committee 7-0. 2/16/22
Introduced.
8 State Ting (D-San AB 1817 Product safety: This bill would prohibit, beginning January 1, 2024, any person from distributing, selling, Sponsor: Clean Support Support 03/03/22 5/23/22 Passed Assembly 52-2. 3/28/22 In
Francisco)and textile articles: or offering for sale in the state any textile articles that contain regulated PFAS, and Water Action, Assembly. Read second time. To third reading.
Garcia (D-Bell perfluoroalkyl and requires a manufacturer to use the least toxic alternative when replacing regulated CASA Support 2/7/22 Introduced. 2/24/22 CASA staff will
Gardens) polyfluoroalkyl PFAS in textile articles to comply with these provisions. recommend support to legislative committee.
substances
(PFAS)
9 State Rivas (D- AB 2864 Local This bill would eliminate the 250 megawatts state cap for the Local Government CSDA: Support Support Support 04/07/22 Bill is dead for this legislative session. 5/19/22 Bill
Salinas) Government Renewable Energy Self-Generation Bill Credit Transfer program (RES-BCT). RES-BCT held in Assembly Appropriations-did not make
Renewable It allows a public agency with one or more eligible renewable generating facilities to deadline to pass fiscal committees. 4/25/22
Energy Self- export energy to the grid and receive generation credits to apply to up to 50 benefitting Referred to Assembly Appropriations Committee.
Generation power accounts, owned by the public agency, within the same county. The bill would 4/20/22 Passed out of Assembly Utilities and
Program extend the nearly exhausted program and continue to ensure that all local governments, Energy Committee. 15-0. 2/18/22 Introduced.
tribal governments, and public colleges and universities will be afforded the opportunity
to participate.
Central San 2022 Priority Legislative Tracking Sheet as of 6/1/22
Green Shading - bill enacted,
Gray Shading - bill is dead,
White Shading - bill in progress
Industry Position Date of
Federal/ Organization(s) Board
Author Legislation Also Known As Summary Recommended Board Notes
State Priority Decision
List/Position by Staff Direction
10 State Stone (D- AB 1724 Washing Current law, to protect public health and water quality, regulates a broad range of CASA Support Support Support 04/07/22 Bill is dead for this legislative session. 5/19/22 Bill
Monterey Bay) Machines: consumer products and processes, including water softeners, water treatment devices, held in Assembly Appropriations-did not make
Microfiber and backflow prevention devices, among others. This bill would require, on or before deadline to pass fiscal committees. 4/26/22
Filtration. January 1, 2024, that all washing machines sold as new in require all state-owned Passed out of Assembly Environmental Safety
washing machines to contain a microfiber filtration system. California contain a and Toxic Materials Committee and referred to
microfiber filtration system. Amendments- bill now only applies to state owned washing Assembly Appropriations Committee. 4/22/22
machines. Amended in Committee and Assembly Floor.
2/3/22 Referred to the Environmental Safety and
Toxic Materials Committee.
11 State Rubio (D- AB 2449 Open meetings: Current law, until January 1, 2024, authorizes a local agency to use teleconferencing CASA Support Support Support 04/07/22 5/26/22 Passed Assembly on to Senate. 5/23/22
Baldwin Park) local agencies: without complying with specified teleconferencing requirements in specified In Assembly for third reading. 5/4/22 Passed
teleconferences circumstances when a declared state of emergency is in effect, or in other situations Assembly Local Government Committee 7-1.
related to public health. This bill would authorize a local agency to use teleconferencing 4/8/22 Central San signs on to coalition letter. If
without complying with those specified teleconferencing requirements if at least a you have a quorum in person then you wouldn't
quorum of the members of the legislative body participates in person from a singular have to post agendas to remote meeting sites.
location identified on the agenda that is open to the public and situated within the local However, you would have to provide audio/video
agency's jurisdiction. The bill would impose prescribed requirements for this exception at those additional meeting sites. 3/3/22 Referred
relating to notice, agendas, the means and manner of access, and procedures for to the Assembly Local Government Committee.
disruptions. The bill would require the legislative body to implement a procedure for
receiving and swiftly resolving requests for reasonable accommodation for individuals
with disabilities, consistent with federal law. Amendments 5/23/22 limit teleconferencing
to three consecutive months if the following conditions are met: 1. All votes must be by
rollcall, 2. Meetings must be conducted to protect the statutory+ constitutional rights of
the public, 3. Must post notice of meetings, 4. Public must have access to the meeting,
and 5. Board member must state the reason for needing to teleconference.
12 State Levine (D-Marin AB 2647 Local The Ralph M. Brown Act requires the meetings of the legislative body of a local agency League of Cities: Support Support 04/07/22 5/25/22 To Senate Governance and Finance
County) government: open to be conducted openly and publicly, with specified exceptions. Current law makes Sponsor, CASA, Committee. 5/12/22 Passed Assembly 62-0.
meetings agendas of public meetings and other writings distributed to the members of the CSDA: Support 4/19/22 Amended and referred to committee.
governing board disclosable public records, with certain exceptions. Current law *Minor amendments- not substantive. 3/10/22
requires a local agency to make those writings distributed to the members of the Referred to the Local Government and Judiciary
governing board available for public inspection at a public office or location that the Committee.
agency designates. This bill would instead require a local agency to make those writings
distributed to the members of the governing board available for public inspection at a
public office or location that the agency designates or post the writings on the local
agency's internet website in a position and manner that makes it clear that the writing
relates to an agenda item for an upcoming meeting.
13 State Lee (D-San AB 1944 Local Current law, the Ralph M. Brown Act, requires, with specified exceptions, that all CASA, CSDA: Watch Watch 04/07/22 5/26/22 Passed Assembly. 5/25/22 Amended in
Jose) Government: meetings of a legislative body of a local agency, as those terms are defined, be open Watch Assembly-amendments not yet in print. Doesn't
open and public and public and that all persons be permitted to attend and participate. Current law, until allow a zoom option. 2/18/22 Referred to
meetings January 1, 2024, authorizes a local agency to use teleconferencing without complying Assembly Local Government Committee.
with those specified teleconferencing requirements in specified circumstances when a
declared state of emergency is in effect, or in other situations related to public health.
This bill would specify that if a member of a legislative body elects to teleconference
from a location that is not public, the address does not need to be identified in the notice
and agenda or be accessible to the public when the legislative body has elected to allow
members to participate via teleconferencing.
Central San 2022 Priority Legislative Tracking Sheet as of 6/1/22
Green Shading - bill enacted,
Gray Shading - bill is dead,
White Shading - bill in progress
Industry Position Date of
Federal/ Organization(s) Board
Author Legislation Also Known As Summary Recommended Board Notes
State Priority Decision
List/Position by Staff Direction
14 State Quirk D- AB 2787 Microplastics in Existing law bans specified personal care products containing plastic microbeads, CSDA: Watch and Watch, Watch, 4/7/2022, 6/1/22 Attempting to get ofthe Assembly Inactive
Hayward) products defined as a microplastic used in a mixture as an abrasive to exfoliate, polish, or clean. Seek Clarification Support Support 5/26/22 File. 5/19/22 In Assembly for third reading and
This bill would ban specified products containing microplastics, defined as a solid amended. 5/11/22 Passed Assembly
polymer material containing particles to which chemical additives or other substances Appropriations 12-4. 4/26/22 Passed out of
may have been added, plus other defining characteristics. Microplastics have been of Assembly Environmental Safety and Toxic
concern to the water industry as well as state officials for their presence in water supply Materials Committee and referred to
and potential health implications. Amendments add some clarification to microbead Appropriations Committee. Clarification needed
definition. More may be required. Amendments 5/19/22 Bill now excludes prescription on new definition of"microbead"vs. "plastic
drugs. Bill adds additional clarity of products included. microbead". Intent of bill is to tackle microplastics,
but consistency of water board definitions is
needed as "microplastics" is a broader definition.
15 State Bigelow (R- AB 2528 Political Reform This bill would require local elected officials to file reports with the Secretary of State in CSDA: Watch Watch Watch 04/07/22 5/23/22 Passed Assembly 72-0. 4/27/22
Madera) Act of 1974: the same way and covering the same reporting categories (i.e., campaign statements or Amended and passed from Assembly Elections
campaign related documents)that statewide elected officials are currently required to do. This Committee 6-0.
statements. requirement would be in addition to their requirement to file these reports with their local
filing officer. Amendments: This bill now only applies to candidates that receive
$15,000 or more in campaign contributions.
16 State Glazer(D- SB 1439 Campaign This bill expands a prohibition on financial contributions to officers of local agencies; CSDA: Watch Watch Watch 04/07/22 5/25/22 Passed Senate 34-0. 5/19/22 Passed
Orinda) contributions: local agency officers would be prohibited from receiving contributions above a certain Senate Appropriations 5-0. 4/18/22 In Suspense
agency officers. amount before/after participating in a decision related to "a proceeding involving a file in Senate Appropriations Committee. 3/28/22
license, permit, or other entitlement for use pending before the agency." "License, Passed out of Senate Elections and
permit, or other entitlement for use" means all business, professional, trade, and land Constitutional Amendments Committee.
use licenses and permits and all other entitlements for use, including all entitlements for
land use, all contracts (other than competitively bid, labor, or personal employment
contracts), and all franchises. Agency officer would have an opportunity to cure the
violation by returning the contribution (or the portion of the contribution in excess of two
hundred fifty dollars)within 14 days of accepting, soliciting, or directing the contribution,
provided that the officer committed the offense unknowingly.
17 State Ochoa Bogh (R- SB 1345 Excavations: The Dig Safe Act of 2016 requires an excavator to comply with specified notification and CSDA, ACWA: Oppose Unless Oppose 04/07/22 Bill is dead for this legislative session. 5/19/22 Bill
Yucaipa) subsurface delineation requirements before starting an excavation. Current law provides for the Oppose Unless Amend Unless held in Assembly Appropriations-did not make
installations. enforcement of the act by the California Underground Facilities Safe Excavation Board. Amend Amend deadline to pass fiscal committees. 4/25/22 In
Current law defines the terms 'legal excavation start date and time,""working day," and Suspense file in Senate Appropriations
"subsurface installation"for purposes of the act. This bill would revise the definition of Committee. 4/8/22 Template letter for agencies
"legal excavation start date and time"to, among other things, exclude weekends and being crafted - requested information from CSO to
holidays. The bill would revise the definition of"subsurface installation"to include determine financial impacts to Central San.
nonpressurized sewer lines, nonpressurized storm drains, and other nonpressurized
drain lines. The bill would revise the definition of"working day" by the deleting provision
limiting the hours from 7:00 a.m. to 5:00 p.m.
Item 14.
(Handout-2)
Central Contra Costa Sanitary District
Protecting public . the environmentI • In7hoff Place, . 94553-4392
June 1, 2022
The Honorable Bill Dodd
1021 O Street, Suite
6620
Sacramento, CA 95814
Dear Senator Dodd,
Central Contra Costa Sanitary District (Central San)fully supports the $10 million budget request
to support Choice in Aging's much-needed Aging in Place Campus. Central San has observed the
positive impact Choice in Aging has on Contra Costa County, supporting aging in place services
for the community regardless of individuals' financial circumstances. Central San considers itself
as not just a government entity providing core services but a community partner, understanding
that it takes organizations like Choice in Aging to thrive. Central San, a wastewater utility, collects
and cleans more than 13 billion gallons of wastewater every year and serves nearly half a million
residents and more than 3,000 businesses in the East San Francisco Bay Area. Within its 146
square mile service area, Central San operates a 54 million-gallon-per-day capacity treatment
plant, 18 pumping stations, over 1,500 miles of sewer lines, a household hazardous waste
collection facility, a laboratory, and provides both commercial and residential recycled water
programs.
Why Support Choice in Aging?
There are few other options available to the aging, and our frail senior community deserves
more. Choice in Aging has partially bridged the gap with its many adult day healthcare services.
With the fulfillment of this$10 million budget request, Choice in Aging will create a first-in-the-nation
model for how people can age independently with the support services needed to be healthy and part
of our community, living independently with dignity.
Choice in Aging is a trusted and well-run non-profit organization in our community. Debbie Toth,
the organization's CEO, is a recognized state and national leader on aging issues and elder care
advocacy. California recently completed its Masterplan for Aging, on which Debbie Toth served
on the Stakeholder Advisory Committee. The Aging in Place Campus is a perfect model for the
Masterplan for Aging's goals and will serve as a model to other organizations in our state and
around the country.
Central San would like to thank you for making this request and encourages your colleagues to
support the $10 million budget appropriation for Choice in Aging.
('7General
rely,
w )_ w
u '
Roger S. Bailey Manager
cc: Senator Steve Glazer
Assemblymember Rebecca Bauer-Kahan
Assemblymember Tim Grayson
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