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HomeMy WebLinkAbout14. Receive update on pending Legislative Matters Page 1 of 2 Item 14. CENTRAL SAN BOARD OF DIRECTORS POSITION PAPER MEETING DATE: JUNE 16, 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 16, 2022 Regular Board Meeting Agenda Packet- Page 724 of 771 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 16, 2022 Regular Board Meeting Agenda Packet- Page 725 of 771 Central San 2022 Priority Legislative Tracking Sheet as of 6/15/22 Green Shading - bill enacted, Gray Shading - bill is dead, White Shading - bill in progress Federal/ State Author Legislation Also Known As Summary Industry Organization(s) Priority List/Position Position Recommended by Staff Board Decision Date of Board Direction Notes 1 State Bloom (D-Santa Monica), Principal coauthor: Senator Allen AB 2247 Perfluoroalkyl and polyfluoroalkyl substances (PFAS) products: disclosure: publicly accessible reporting platform This bill would require the Department of Toxic Substances Control to work with the Interstate Chemicals Clearinghouse to establish, by January 1, 2024, a publicly accessible reporting platform to collect information about PFAS and products or product components containing regulated PFAS, as defined, being sold, distributed, or offered for promotional purposes in, or imported into, the state. The PFAS containing product must be registered and reported to the platform by March 1, 2024, and updated annually. The bill also authorizes enforcement agencies to request a certificate of compliance, subject to the bill's requirements, from the manufacturer within 30 days. Manufacturers who violate this requirement would be subject to civil penalties not to 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. Sponsor: California Association of Sanitation Agencies (CASA) & Clean Water Action, WateReuse California: Support Support Support 03/03/22 6/22/22 Hearing date to be heard in Senate Environmental Quality Committee. 5/26/22 Passed in Assembly. 5/23/22 Passed second Assembly reading. 5/19/22 Passed with amendments from Assembly Appropriations 12-4. 4/26/22 Passed out of Assembly Environmental Safety and Toxic Materials Committee and referred to Assembly Appropriations Committee. 4/20/22 Author's amendments presented in Assembly Environmental Safety and Toxic Materials Committee. 2/16/22 Bill introduced. 2 Federal McClain (R-MI 10) HR 6591 "Protecting Infrastructure and Promoting Environmental Stewardship Act" aka PIPES Act PIPES Act: Requires the Environmental Protection Agency to publish a rule that establishes standards for the flushability of disposable nonwoven wipes. Sponsored: National Stewardship Action Council (NSAC), CASA: Support Support Support 03/03/22 2/3/22 Introduced and sent to House Committee on Energy and Commerce. 3 Federal Lowenthal (D- CA 47) HR 4602 "Wastewater Infrastructure Pollution Prevention and Environmental Safety Act" aka WIPPES Act Directs the Federal Trade Commission to issue regulations requiring certain products to have "Do Not Flush" labeling. Sponsored: National Stewardship Action Council (NSAC), CASA: Support Support Support 03/03/22 7/22/21 Introduced and sent to House Committee on Energy and Commerce. 4 State Newman (D- Fullerton) SB 991 Public contracts: progressive design-build: local agencies This bill, until January 1, 2033, authorizes local agencies, defined as any city, county, city and county, or special district authorized by law to provide for the production, storage, supply, treatment, or distribution of any water from any source, to use the progressive design-build process for public works projects in excess of $5,000,000, similar to the progressive design-build process authorized for use by the Director of General Services. The bill would require specified information to be verified under penalty of perjury. By expanding the crime of perjury, the bill would impose a state-mandated local program. From the sponsor, this bill provides the following: more precise definitions of Progressive Design Build and Qualifications Based Selection. The 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. Sponsored: Water Collaborative Delivery Association, Support: Metro Water District of Southern California, CSDA: Support Support Support 03/03/22 6/15/22 Hearing date in the Assembly Local Government Committee. 6/13/22 Staff working with other agencies and member organizations seeking amendments that would reinforce the guaranteed maximum price stipulations previously provided for in earlier drafts of the proposed legislation. 5/19/22 Moved to Assembly Local Government Committee. 5/9/22 Passed out of Senate 33-0. *This bill is moving quickly. 4/19/22 Second reading in Senate. To third reading. 3/31/22 Passed out of Appropriations 5-0. 2/14/22 Introduced. 1/13/22 Board supported in-concept proposed legislation. Item 14. (Handout) Central San 2022 Priority Legislative Tracking Sheet as of 6/15/22 Green Shading - bill enacted, Gray Shading - bill is dead, White Shading - bill in progress Federal/ State Author Legislation Also Known As Summary Industry Organization(s) Priority List/Position Position Recommended by Staff Board Decision Date of Board Direction Notes 5 State Grayson (D- Concord) AB 2536 Transparency for Connection and Capacity Fees This bill would, on and after January 1, 2023, require a local agency that imposes fees for water connections or sewer connections, or imposes capacity charges, as provided, and that conducts a study to support the estimate of the reasonable cost of providing the service to follow certain standards and practices, as defined and specified. CASA, CSDA: Oppose, ACWA: Oppose Unless Amend, Neutral Watch, Neutral Watch, Neutral 3/3/2022, 5/26/22 5/25/22 To Senate Governance and Finance Committee. 5/16/22 Passed Assembly 70-0. 5/4/22 Passed from Assembly Local Government 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- Fullerton) / Irwin (D-Thousand Oaks) SB 1215 / AB 2440 Battery and Battery- Embedded Product Recycling and Fire Risk Reduction Act of 2022 These companion bills would prohibit a person from knowingly disposing of a lithium-ion battery in a container or receptacle that is intended for the collection of solid waste or recyclable materials, unless the container or receptacle is designated for the collection of batteries for recycling, as provided. This bill also requires producers of batteries, battery packs, and battery-embedded products offered for sale or sold in this state to develop, finance, and implement a convenient and cost-effective stewardship program/ collection program to recover and recycle batteries, battery packs, and battery-embedded products. California Product Stewardship Council (CPSC): Sponsor Support Support 03/03/22 6/22/22 Hearing date for AB 2440 in Senate Environmental Quality Committee. 6/14/22 SB 1215 Passed the Assembly Safety and Toxic Materials Committee. 5/24/22 SB 1215 Passed Senate 28-8. 5/23/22 AB 2440 Passed Assembly 58-7. 4/25/22 Passed out of Assembly Natural Resources Committee 9-0. 4/5/22 Passed from Assembly Environmental Safety and Toxic Materials Committee 7-1. 4/4/22 Coalition letter of support sent. 2/17/22 Introduced. 7 State Bauer-Kahan (D- Orinda) AB 2374 Crimes Against Public Health and Safety: Dumping This bill requires, instead of authorize, the court to order a person convicted of dumping commercial quantities of waste to remove, or pay for the removal of, the waste matter that was illegally dumped. The bill would authorize the court to order the surrender of a professional or business license that is related to the illegal dumping activity for which the person has been convicted, as a condition of probation. Amendments - reduced fines for violations, and removed the requirements by court to pay for cleanup, and instead made it an option. Contra Costa County Board of Supervisor Burgis: Sponsor, CASA Support Support Support 03/03/22 6/14/22 Passed Senate Public Safety Committee 5-0. 5/16/22 Passed Assembly 69-0. 5/11/22 Passed Assembly Appropriations Committee. 4/26/22 Passed out of Assembly Business and Professions Committee 17-0. 4/8/22 Central San letter of support sent. 4/5/22 Passed out of Assembly Public Safety Committee 7-0. 2/16/22 Introduced. 8 State Ting (D-San Francisco) and Garcia (D-Bell Gardens) AB 1817 Product safety: textile articles: perfluoroalkyl and polyfluoroalkyl substances (PFAS) This bill would prohibit, beginning January 1, 2024, any person from distributing, selling, or offering for sale in the state any textile articles that contain regulated PFAS, and requires a manufacturer to use the least toxic alternative when replacing regulated PFAS in textile articles to comply with these provisions. Sponsor: Clean Water Action, CASA Support Support Support 03/03/22 6/29/22 Hearing date to be heard in Senate Environmental Quality Committee. 5/23/22 Passed Assembly 52-2. 3/28/22 In Assembly. Read second time. To third reading. 2/7/22 Introduced. 2/24/22 CASA staff will recommend support to legislative committee. 9 State Rivas (D- Salinas) AB 2864 Local Government Renewable Energy Self- Generation Program This bill would eliminate the 250 megawatts state cap for the Local Government Renewable Energy Self-Generation Bill Credit Transfer program (RES-BCT). RES-BCT It allows a public agency with one or more eligible renewable generating facilities to export energy to the grid and receive generation credits to apply to up to 50 benefitting power accounts, owned by the public agency, within the same county. The bill would extend the nearly exhausted program and continue to ensure that all local governments, tribal governments, and public colleges and universities will be afforded the opportunity to participate. CSDA: Support Support Support 04/07/22 Bill is dead for this legislative session. 5/19/22 Bill held in Assembly Appropriations-did not make deadline to pass fiscal committees. 4/25/22 Referred to Assembly Appropriations Committee. 4/20/22 Passed out of Assembly Utilities and Energy Committee. 15-0. 2/18/22 Introduced. Central San 2022 Priority Legislative Tracking Sheet as of 6/15/22 Green Shading - bill enacted, Gray Shading - bill is dead, White Shading - bill in progress Federal/ State Author Legislation Also Known As Summary Industry Organization(s) Priority List/Position Position Recommended by Staff Board Decision Date of Board Direction Notes 10 State Stone (D- Monterey Bay) AB 1724 Washing Machines: Microfiber Filtration. Current law, to protect public health and water quality, regulates a broad range of consumer products and processes, including water softeners, water treatment devices, and backflow prevention devices, among others. This bill would require, on or before January 1, 2024, that all washing machines sold as new in require all state-owned washing machines to contain a microfiber filtration system. California contain a microfiber filtration system. Amendments - bill now only applies to state owned washing machines. CASA Support Support Support 04/07/22 Bill is dead for this legislative session. 5/19/22 Bill held in Assembly Appropriations-did not make deadline to pass fiscal committees. 4/26/22 Passed out of Assembly Environmental Safety and Toxic Materials Committee and referred to Assembly Appropriations Committee. 4/22/22 Amended in Committee and Assembly Floor. 2/3/22 Referred to the Environmental Safety and Toxic Materials Committee. 11 State Rubio (D- Baldwin Park) AB 2449 Open meetings: local agencies: teleconferences Current law, until January 1, 2024, authorizes a local agency to use teleconferencing without complying with 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 authorize a local agency to use teleconferencing without complying with those specified teleconferencing requirements if at least a quorum of the members of the legislative body participates in person from a singular location identified on the agenda that is open to the public and situated within the local agency’s jurisdiction. The bill would impose prescribed requirements for this exception relating to notice, agendas, the means and manner of access, and procedures for 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. CASA Support Support Support 04/07/22 6/8/22 Sent to Senate Governance and Finance + Judiciary Committees. 5/26/22 Passed Assembly on to Senate. 5/23/22 In Assembly for third reading. 5/4/22 Passed Assembly Local Government Committee 7-1. 4/8/22 Central San signs on to coalition letter. If you have a quorum in person then you wouldn't have to post agendas to remote meeting sites. However, you would have to provide audio/video at those additional meeting sites. 3/3/22 Referred to the Assembly Local Government Committee. 12 State Levine (D-Marin County) AB 2647 Local government: open meetings The Ralph M. Brown Act requires the meetings of the legislative body of a local agency to be conducted openly and publicly, with specified exceptions. Current law makes agendas of public meetings and other writings distributed to the members of the governing board disclosable public records, with certain exceptions. Current law requires 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. 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. League of Cities: Sponsor, CASA, CSDA: Support Support Support 04/07/22 5/25/22 To Senate Governance and Finance Committee. 5/12/22 Passed Assembly 62-0. 4/19/22 Amended and referred to committee. *Minor amendments - not substantive. 3/10/22 Referred to the Local Government and Judiciary Committee. Central San 2022 Priority Legislative Tracking Sheet as of 6/15/22 Green Shading - bill enacted, Gray Shading - bill is dead, White Shading - bill in progress Federal/ State Author Legislation Also Known As Summary Industry Organization(s) Priority List/Position Position Recommended by Staff Board Decision Date of Board Direction Notes 13 State Lee (D-San Jose) AB 1944 Local Government: open and public meetings Current law, the Ralph M. Brown Act, requires, with specified exceptions, that all meetings of a legislative body of a local agency, as those terms are defined, be open and public and that all persons be permitted to attend and participate. Current law, until January 1, 2024, authorizes a local agency to use teleconferencing without complying 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. CASA, CSDA: Watch Watch Watch 04/07/22 6/8/22 Sent to Senate Governance and Finance + Judiciary Committees. 5/26/22 Passed Assembly. 5/25/22 Amended in Assembly - amendments not yet in print. Doesn't allow a zoom option. 2/18/22 Referred to Assembly Local Government Committee. 14 State Quirk (D- Hayward) AB 2787 Microplastics in products Existing law bans specified personal care products containing plastic microbeads, defined as a microplastic used in a mixture as an abrasive to exfoliate, polish, or clean. This bill would ban specified products containing microplastics, defined as a solid polymer material containing particles to which chemical additives or other substances may have been added, plus other defining characteristics. Microplastics have been of concern to the water industry as well as state officials for their presence in water supply and potential health implications. Amendments add some clarification to microbead definition. More may be required. Amendments 5/19/22 Bill now excludes prescription drugs. Bill adds additional clarity of products included. CSDA: Watch and Seek Clarification Watch, Support Watch, Support 4/7/2022, 5/26/22 6/2/22 This bill is dead for the 2022 Legislative session. 5/19/22 In Assembly for third reading and amended. 5/11/22 Passed Assembly Appropriations 12-4. 4/26/22 Passed out of Assembly Environmental Safety and Toxic Materials Committee and referred to Appropriations Committee. Clarification needed on new definition of "microbead" vs. "plastic 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- Madera) AB 2528 Political Reform Act of 1974: campaign statements. This bill would require local elected officials to file reports with the Secretary of State in the same way and covering the same reporting categories (i.e., campaign statements or related documents) that statewide elected officials are currently required to do. This 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. CSDA: Watch Watch Watch 04/07/22 6/21/22 Hearing set in Senate Elections and Constitutional Amendments Committee. 5/23/22 Passed Assembly 72-0. 4/27/22 Amended and passed from Assembly Elections Committee 6- 0. 16 State Glazer (D- Orinda) SB 1439 Campaign contributions: agency officers. This bill expands a prohibition on financial contributions to officers of local agencies; local agency officers would be prohibited from receiving contributions above a certain amount before/after participating in a decision related to "a proceeding involving a license, permit, or other entitlement for use pending before the agency." “License, permit, or other entitlement for use” means all business, professional, trade, and land 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. CSDA: Watch Watch Watch 04/07/22 6/29/22 Hearing date in the Assembly Elections Committee. 5/25/22 Passed Senate 34-0. 5/19/22 Passed Senate Appropriations 5-0. 4/18/22 In Suspense file in Senate Appropriations Committee. 3/28/22 Passed out of Senate Elections and Constitutional Amendments Committee. Central San 2022 Priority Legislative Tracking Sheet as of 6/15/22 Green Shading - bill enacted, Gray Shading - bill is dead, White Shading - bill in progress Federal/ State Author Legislation Also Known As Summary Industry Organization(s) Priority List/Position Position Recommended by Staff Board Decision Date of Board Direction Notes 17 State Ochoa Bogh (R- Yucaipa) SB 1345 Excavations: subsurface installations. The Dig Safe Act of 2016 requires an excavator to comply with specified notification and delineation requirements before starting an excavation. Current law provides for the enforcement of the act by the California Underground Facilities Safe Excavation Board. Current law defines the terms "legal excavation start date and time," "working day," and "subsurface installation" for purposes of the act. This bill would revise the definition of "legal excavation start date and time" to, among other things, exclude weekends and holidays. The bill would revise the definition of "subsurface installation" to include 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. CSDA, ACWA: Oppose Unless Amend Oppose Unless Amend Oppose Unless Amend 04/07/22 Bill is dead for this legislative session. 5/19/22 Bill held in Assembly Appropriations-did not make deadline to pass fiscal committees. 4/25/22 In Suspense file in Senate Appropriations Committee. 4/8/22 Template letter for agencies being crafted - requested information from CSO to determine financial impacts to Central San.