HomeMy WebLinkAbout17. Receive Legislative Matters update Page 1 of 18
Item 17.
CENTRAL SAN BOARD OF DIRECTORS
POSITION PAPER
MEETING DATE: JULY7, 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
July 7, 2022 Regular Board Meeting Agenda Packet- Page 94 of 137
Page 2 of 18
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
ATTACHMENTS:
1. 2022 Priority Legislation Tracking Sheet as of 06-30-22
2. AB 2247 Central San Support Letter to Senate Environmental Quality Committee - PFAS
3. AB 2449 (Rubio) Coalition Support Letter for Senate Governance and Finance Committee
4. Consumer Technology Association's Opposition Letter to AB 2440 (I rwin) Responsible Battery
Recycling Act of 2022
5. Bipartisan Infrastructure Law's Investment In Drinking and Clean Water
July 7, 2022 Regular Board Meeting Agenda Packet- Page 95 of 137
Page 3 of 18
Central San 2022 Priority Legislative Tracking Sheet as of 6/30/22 Attachment 1
Green Shading - bill enacted,
Gray Shading - bill is dead,
White Shading- bill in progress
Industry Position Date of
Federal/ Organization(s) Board
State Author Legislation Also Known As Summary Priority Recommended Decision Board Notes
by Staff Direction
List/Position
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 3/3/2022 8/1/22 Hearing date for the bill to be heard ir.
Monica), polyfluoroalkyl Interstate Chemicals Clearinghouse to establish, by January 1, 2024, a publicly Association of the Senate Appropriations Committee. 6/22/22
Principal substances accessible reporting platform to collect information about PFAS and products or product Sanitation Passed out of Senate Environmental Quality
coauthor: (PFAS) products: components containing regulated PFAS, as defined, being sold, distributed, or offered Agencies (CASA) Committee 5-2. 5/26/22 Passed in Assembly.
Senator Allen disclosure: for promotional purposes in, or imported into, the state. The PFAS containing product & Clean Water 5/23/22 Passed second Assembly reading.
publicly must be registered and reported to the platform by March 1, 2024, and updated Action, WateReuse 5/19/22 Passed with amendments from Assembly
accessible annually. The bill also authorizes enforcement agencies to request a certificate of California: Support Appropriations 12-4. 4/26/22 Passed out of
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 and referred to Assembly
exceed $2,500 per day up to $100,000 maximum for each violation. Amendments 4/20: Appropriations Committee. 4/20/22 Author's
"Manufacturer" does not include a state agency, as defined in Section 46025, or a local amendments presented in Assembly
agency, as defined in subdivision (c) of Section 66000 of the Government Code. Environmental Safety and Toxic Materials
Amendments 5/19: Pushes back implementation one year to July 1, 2025, and changed Committee. 2/16/22 Bill introduced.
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 3/3/2022 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 3/3/2022 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 3/3/2022 6/20/22 Re-referred to Assembly
Fullerton) progressive city and county, or special district authorized by law to provide for the production, Collaborative Appropriations Committee. 6/15/22 Passed
design-build: local storage, supply, treatment, or distribution of any water from any source, to use the Delivery Assemblv Local Government Committee 8-0.
agencies progressive design-build process for public works projects in excess of$5,000,000, Association, 6/13/22 Staff working with other agencies and
similar to the progressive design-build process authorized for use by the Director of Support: Metro member organizations seeking amendments that
General Services. The bill would require specified information to be verified under Water District of would reinforce the guaranteed maximum price
penalty of perjury. By expanding the crime of perjury, the bill would impose a state- Southern stipulations previously provided for in earlier
mandated local program. From the sponsor, this bill provides the following: more precise California, CSDA: drafts of the proposed legislation. 5/19/22 Moved
definitions of Progressive Design Build and Qualifications Based Selection. The Support to Assembly Local Government Committee.
language provides limited application to projects over$5M. The bill includes additional 5/9/22 Passed out of Senate 33-0. *This bill is
language to allow sharing of costs below Guarantee Maximum Price to be shared, moving quickly. 4/19/22 Second reading in
based on pre-established percentages defined in the Request for Qualifications. The bill Senate. To third reading. 3/31/22 Passed out of
also limits subcontractor listing requirements exceeding one-half of 1% allocable to Appropriations 5-0. 2/14/22 Introduced. 1/13/22
projects with a contract value greater than or equal to $10M. Amendments 3/22/22: Board supported in-concept proposed legislation.
Changes the proposed repeal date from January 1, 2033 to January 1, 2029. Added
detailed reporting requirements to State for all design-build contracts.
July 7, 2022 Regular Board Meeting Agenda Packet- Page 96 of 137
Page 4 of 18
Central San 2022 Priority Legislative Tracking Sheet as of 6/30/22
Green Shading - bill enacted,
Gray Shading - bill is dead,
White Shading- bill in progress
FeOrIndustry Position Board Date of
deral/ ganizations)
State Author Legislation Also Known As Summary Priority Recommended Decision Board Notes
by Staff Direction
List/Position
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: WatEh, WatEh, 3i�2, 6/23/22 Added to Senate consent calendar.
Concord) Connection and for water connections or sewer connections, or imposes capacity charges, as provided, Oppose, ACWA: Neutral Neutral 5/26/22 5/25/22 To Senate Governance and Finance
Capacity Fees and that conducts a study to support the estimate of the reasonable cost of providing Oppese Unle Committee. 5/16/22 Passed Assembly 70-0.
the service to follow certain standards and practices, as defined and specified. AreeRd, Neutral 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- SB 1215/AB Battery and These companion bills would prohibit a person from knowingly disposing of a lithium-ion California Product Support Support 3/3/2022 6/28/22 AB 2440 Passed Senate Judiciary
Fullerton)/ Irwin 2440 Battery- battery in a container or receptacle that is intended for the collection of solid waste or Stewardship Committee 9-1. 6/27/22 SB 1215 Passes as
(D-Thousand Embedded recyclable materials, unless the container or receptacle is designated for the collection Council (CPSC): amended the Assembly Natural Resources
Oaks) Product Recycling of batteries for recycling, as provided. This bill also requires producers of batteries, Sponsor Committee 9-1. 6/14/22 SB 1215 Passed the
and Fire Risk battery packs, and battery-embedded products offered for sale or sold in this state to Assembly Safety and Toxic Materials Committee.
Reduction Act of develop, finance, and implement a convenient and cost-effective stewardship program/ 5/24/22 SB 1215 Passed Senate 28-8. 5/23/22
2022 collection program to recover and recycle batteries, battery packs, and battery- AB 2440 Passed Assembly 58-7. 4/25/22 Passed
embedded products. AMENDMENTS: Due to negotiations with the opposition, bills out of Assembly Natural Resources Committee 9-
will be split in two. SB 1215 will be amended to expand the State's existing E- 0. 4/5/22 Passed from Assembly Environmental
Waste Recycling Program, and AB 2440 will remain a bill to require a producer Safety and Toxic Materials Committee 7-1. 4/4/22
responsibility program from battery suppliers. Coalition letter of 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 3/3/2022 6/28/22 Read second time in Senate, to third
Orinda) Public Health and commercial quantities of waste to remove, or pay for the removal of, the waste matter County Board of reading. 6/14/22 Passed Senate Public Safety
Safety: Dumping that was illegally dumped. The bill would authorize the court to order the surrender of a Supervisor Burgis: Committee 5-0. 5/16/22 Passed Assembly 69-0.
professional or business license that is related to the illegal dumping activity for which Sponsor, CASA 5/11/22 Passed Assembly Appropriations
the person has been convicted, as a condition of probation. Amendments - reduced Support Committee. 4/26/22 Passed out of Assembly
fines for violations, and removed the requirements by court to pay for cleanup, and Business and Professions Committee 17-0.
instead made it an option. 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 AB 1817 Product safety: This bill would prohibit, beginning January 1, 2024, any person from distributing, selling, Sponsor: Clean Support Support 3/3/2022 6/29/22 Passed in Senate Environmental
Francisco) and textile articles: or offering for sale in the state any textile articles that contain regulated PFAS, and Water Action, Quality Committee 5-1. 5/23/22 Passed
Garcia (D-Bell perfluoroalkyl and requires a manufacturer to use the least toxic alternative when replacing regulated CASA Support Assembly 52-2. 3/28/22 In Assembly. Read
Gardens) polyfluoroalkyl PFAS in textile articles to comply with these provisions. second time. To third reading. 2/7/22 Introduced.
substances 2/24/22 CASA staff will recommend support to
(PFAS) legislative committee.
9 State Rivas (D- AB 2864 Local This bill would eliminate the 250 megawatts state cap for the Local Government CSDA: Support Support Support 4/7/2022 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.
July 7, 2022 Regular Board Meeting Agenda Packet- Page 97 of 137
Page 5 of 18
Central San 2022 Priority Legislative Tracking Sheet as of 6/30/22
Green Shading - bill enacted,
Gray Shading - bill is dead,
White Shading- bill in progress
FeOrIndustry Position Board Date of
deral/ ganizations)
State Author Legislation Also Known As Summary Priority Recommended Decision Board Notes
by Staff Direction
List/Position
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 4/7/2022 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 4/7/2022 6/28/22 Passed out of Senate Judiciary
Baldwin Park) local agencies: without complying with specified teleconferencing requirements in specified Committee 8-0, expect to be hear on Senate
teleconferences circumstances when a declared state of emergency is in effect, or in other situations floor in August. 6/23/22 Updated coalition
related to public health. This bill would authorize a local agency to use teleconferencing letter sent to Judiciary Committee. 6/22/22
without complying with those specified teleconferencing requirements if at least a Pass out of Senate Governance and Finance
quorum of the members of the legislative body participates in person from a singular Committee 5-0. 5/26/22 Passed Assembly on to
location identified on the agenda that is open to the public and situated within the local Senate. 5/23/22 In Assembly for third reading.
agency's jurisdiction. The bill would impose prescribed requirements for this exception 5/4/22 Passed Assembly Local Government
relating to notice, agendas, the means and manner of access, and procedures for Committee 7-1. 4/8/22 Central San signs on to
disruptions. The bill would require the legislative body to implement a procedure for coalition letter. If you have a quorum in person
receiving and swiftly resolving requests for reasonable accommodation for individuals then you wouldn't have to post agendas to remote
with disabilities, consistent with federal law. Amendments 6/27/22 For a Board member meeting sites. However, you would have to
to meet remotely must have just cause or medical emergency. Just cause has provide audio/video at those additional meeting
limitations and will only allow two meetings in a year for reasons such as agency sites. 3/3/22 Referred to the Assembly Local
conference travel. The emergency medical justification will allow the use of up to 20% of Government Committee.
meetings in a year. 5/23/22 IiMit teleGGRfeFeR iRg to three GGR8eGutivG ..GRtho if+ho
fGlle.,,ng ,.,,.,hien. , 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
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 4/7/2022 6/29/22 Passed out of Senate Governance and
County) government: open to be conducted openly and publicly, with specified exceptions. Current law makes Sponsor, CASA, Finance Committee. 5/12/22 Passed Assembly
meetings agendas of public meetings and other writings distributed to the members of the CSDA: Support 62-0. 4/19/22 Amended and referred to
governing board disclosable public records, with certain exceptions. Current law committee. *Minor amendments- not substantive.
requires a local agency to make those writings distributed to the members of the 3/10/22 Referred to the Local Government and
governing board available for public inspection at a public office or location that the Judiciary 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.
July 7, 2022 Regular Board Meeting Agenda Packet- Page 98 of 137
Page 6 of 18
Central San 2022 Priority Legislative Tracking Sheet as of 6/30/22
Green Shading - bill enacted,
Gray Shading - bill is dead,
White Shading- bill in progress
FeOrIndustry Position Board Date of
deral/ ganizations)
State Author Legislation Also Known As Summary Priority Recommended Decision Board Notes
by Staff Direction
List/Position
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 4/7/2022 6/22/22 Not heard in Senate Governance and
Jose) Government: meetings of a legislative body of a local agency, as those terms are defined, be open Watch Finance Committee. 6/8/22 Sent to Senate
open and public and public and that all persons be permitted to attend and participate. Current law, until Governance and Finance + Judiciary Committees.
meetings January 1, 2024, authorizes a local agency to use teleconferencing without complying 5/26/22 Passed Assembly. 5/25/22 Amended in
with those specified teleconferencing requirements in specified circumstances when a Assembly-amendments not yet in print. Doesn't
declared state of emergency is in effect, or in other situations related to public health. allow a zoom option. 2/18/22 Referred to
This bill would specify that if a member of a legislative body elects to teleconference Assembly Local Government Committee.
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.
14 State Quirk (D- AB 2787 Microplastics in Existing law bans specified personal care products containing plastic microbeads, CSDA: Watch and WatG WatG ^/'�2, 6/2/22 This bill is dead for the 2022 Legislative
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 session. 5/19/22 In Assembly for third reading
This bill would ban specified products containing microplastics, defined as a solid and 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 4/7/2022 8/1/22 Date for the bill to be heard in Senate
Madera) Act of 1974: the same way and covering the same reporting categories (i.e., campaign statements or Appropriations Committee. 6/21/22 Passed in
campaign related documents)that statewide elected officials are currently required to do. This Senate Elections and Constitutional
statements. requirement would be in addition to their requirement to file these reports with their local Amendments Committee 5-0. 5/23/22 Passed
filing officer. Amendments: This bill now only applies to candidates that receive$15,000 Assembly 72-0. 4/27/22 Amended and passed
or more in campaign contributions. from Assembly Elections Committee 6-0.
16 State Glazer(D- SB 1439 Campaign This bill expands a prohibition on financial contributions to officers of local agencies; CSDA: Watch Watch Watch 4/7/2022 6/29/22 Passed in the Assembly Elections
Orinda) contributions: local agency officers would be prohibited from receiving contributions above a certain Committee 5-0. 5/25/22 Passed Senate 34-0.
agency officers. amount before/after participating in a decision related to "a proceeding involving a 5/19/22 Passed Senate Appropriations 5-0.
license, permit, or other entitlement for use pending before the agency." "License, 4/18/22 In Suspense file in Senate Appropriations
permit, or other entitlement for use" means all business, professional, trade, and land Committee. 3/28/22 Passed out of Senate
use licenses and permits and all other entitlements for use, including all entitlements for Elections and Constitutional Amendments
land use, all contracts (other than competitively bid, labor, or personal employment Committee.
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 4/7/2022 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
July , 2022 Regular Bloard Meeting Agenda Packet- qWigg gn!purs from 7:00 a.m. to 5:00 p.m.
Page 7 of 18
Central San 2022 Priority Legislative Tracking Sheet as of 6/30/22
Green Shading - bill enacted,
Gray Shading - bill is dead,
White Shading- bill in progress
Industry Position Date of
Federal/ Organization(s) Board
State Author Legislation Also Known As Summary Priority Recommended Decision Board Notes
by Staff Direction
List/Position
18 State Friedman AB 2771 Cosmetic This bill would-prohibit, beginning January 1, 2025, a person or entity from CASA, CSDA, Support 6/29/2022 6/29/22 Author/sponsor testified at Senate
products: safety manufacturing, selling, delivering, holding, or offering for sale in commerce any cosmetic NSAC, Breast Health Committee that PFAS connects with
product that contains intentionally added perfluoroalkyl and polyfluoroalkyl substances Cancer breast cancer and already polluted more than
PFAS. AMENDMENTS: Change the implementation date to 2025 from 2023, and Awareness: 16 million Californians drinking water. 6/22/22
include "intentionally added PFAS" language in line with other PFAS-related bills. Support Re-referred to Senate Health Committee.
July 7, 2022 Regular Board Meeting Agenda Packet- Page 100 of 137
Page 8 of 18
Attachment 2
,OeV
I CENTRAL SAN
CENTRAL CONTRA COSTA SANITARY DISTRICT 5019 IMHOFF PLACE, MARTINEZ, CA 94553-4392
June 16, 2022
The Honorable Benjamin Allen, Chair
Senate Environmental Quality Committee
1021 O Street, Suite 3230
Sacramento, CA 95814
Subject: AB 2247 (Bloom): Support
Dear Chairman Allen:
The Central Contra Costa Sanitary District (Central San) has a support position on AB 2247 (Bloom),
which would require manufacturers of Per- and Polyfluoroalkyl substances (PFAS)or products containing
PFAS to disclose the presence of PFAS in those products in a publicly accessible database. This is
important and necessary information that will inform state and local decision-making regarding managing
PFAS in our watersheds and the environment. 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.
PFAS have recently become a topic of public concern due to their high mobility and resistance to
breaking down naturally in the environment and the persistent detection of PFAS compounds in people's
bodies. The State is comprehensively investigating levels of PFAS in our environment, with a particular
focus on water and wastewater resources. While significant progress is being made towards identifying
pathways of PFAS in our water and sewer sheds, additional information is needed for agencies to be able
to make efficient management decisions: local water and wastewater agencies need to know what exactly
they are looking for to implement effective source reduction policies to limit PFAS inputs into our systems.
AB 2247 would allow us to use the PFAS disclosure data required from manufacturers of PFAS or
products containing PFAS to optimize pollution prevention programs at the local level through our local
pre-treatment programs, and this information would generate consumer awareness about the chemicals
used in everyday products and how they impact the environment. We need data to support practical and
cost-effective management solutions, and AB 2247 is an essential first step toward this end goal.
It's important to note that PFAS chemicals are both ubiquitous and indestructible. Without better
information about sources of PFAS to support source control, local water management options are limited
and costly, leading to affordability concerns for the delivery of essential public services. In some cases,
PFAS can be removed from water and wastewater at the end of the cycle through advanced treatment
technology. However, there is no technologically feasible method for the large-scale destruction of PFAS
compounds. Instead, once removed, PFAS residuals are merely displaced and transferred to another
waste stream and typically cycle back through the waste management process.
For these reasons, Central San supports AB 2247 and urges your"aye"vote when it is heard in the
Senate Environmental Quality Committee.
Sincerely,
n.
Roger S. Bailey
General Manager
cc: Assembly Member Richard Bloom
Jessica Gauger, California Association of Sanitation Agencies
Senator Steven Glazer
Senator Bill Dodd
July 7, 2022 Regular Board Meeting Agenda Packet- Page 101 of 137
Page 9 of 18
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July 7, 2022 Regular Board Meeting Agenda Packet- Page 102 of 137
Page 10 of 18
June 16, 2022
Senator Anna Caballero
Chair, Governance & Finance Committee
State Capitol, Room 407
Sacramento, CA 95814
RE: Assembly Bill 2449 (Rubio) —Support [As Amended]
Dear Senator Caballero:
On behalf of the public agencies and business organizations noted below, we continue our
support for Assembly Bill 2449, related to enhancing public access through teleconferencing in a
public meeting setting.
As part of his response to the COVID-19 pandemic, Governor Newsom originally issued a series
of Executive Orders to expand public access to meetings of local agencies by suspending some
of the restrictions on teleconferencing. The effect was an expanded use of teleconferencing for
meetings of the legislative body, resulting in enhanced public access and increased participation
by the public.
The expiration of the Executive Orders immediately gave way to AB 361, essentially allowing for
the teleconference provisions detailed in the Executive Orders to continue during a period of
emergency declaration. However, once an emergency declaration has ended, local agencies will
again be required to comply with antiquated provisions of existing law, making it potentially more
difficult to hold meetings of the legislative body by teleconference. While current law does allow
for"teleconference locations" under normal circumstances, it requires various actions to be taken
at the teleconference locations and fails to recognize in the digital age that a teleconference
location is wherever there is a person with a computer, a tablet, or even a mobile phone.
AB 2449 will modernize the previously existing concept of teleconference locations and will revise
notice requirements to allow for greater public participation in teleconference meetings of local
agencies. The bill does not require teleconferencing. Rather, it modernizes existing law to ensure
greater public participation in meetings of the legislative bodies of local agencies who choose to
utilize teleconferencing. Similarly, in acknowledgement of the critical importance of maintaining
transparency and accountability, the bill requires that a quorum of the governing body be
physically present at a clearly identified meeting location for all public meetings.
For these reasons, we urge your AYE vote, and those of your committee members, on Assembly
Bill 2449 (Rubio) when the bill comes before the Senate Governance & Finance Committee on
Wednesday, June 22. If you have questions, you may contact Matthew Litchfield from Three
Valleys Municipal Water District at 909-621-5568 or via email at mlitchfield(aD-tvmwd.com.
Sincerely,
Matthew Litchfield Kathy Viatella
General Manager Executive Legislative Representative
Three Valleys MWD Metropolitan Water District of So. California
1021 E. Miramar Avenue . Claremont, California 91711-2052
Telephone (909) 621-5568 . Fax (909) 625-5470 . http://www.threevalleys.com
July 7, 2022 Regular Board Meeting Agenda Packet- Page 103 of 137
Page 11 of 18
Anthony Duarte Luis Portillo
Chief Executive Officer President/CEO
Regional Chamber of Commerce, SGV San Gabriel Valley Economic Partnership
Kristopher M. Anderson Danielle Blacet
Legislative Advocate Deputy Executive Director
Association of California Water Agencies California Municipal Utilities Association
John Bosler Nina Jazmadarian
General Manager/CEO General Manager
Cucamonga Valley Water District Foothill Municipal Water District
Thomas A. Love Craig Miller
General Manager General Manager
Upper San Gabriel Valley MWD Western MWD
Tom Coleman Paul E. Shoenberger, P.E.
General Manager General Manager
Rowland Water District Mesa Water District
Erik Hitchman Miguel Guerrero
General Manager General Manager
Walnut Valley Water District San Bernardino Municipal Water Department
Craig Gott Darin Kasamoto
President General Manager
Suburban Water Systems San Gabriel Valley MWD
Jerry Gladbach Joe Mouawad, P.E.
Chair of the Commission General Manager
Los Angeles County LAFCO Eastern Municipal Water District
Charles Wilson Shivaji Deshmukh
Executive Director General Manager
Southern California Water Coalition (SCWC) Inland Empire Utilities Agency
Alejandro Rojas Heather Dyer
General Manager CEO/General Manager
Central Basin MWD San Bernardino Valley MWD
Sandra Kerl Robert Hunter
General Manager General Manager
San Diego County Water Authority Municipal Water District Orange County
Anthony Goff Daniel R. Ferons
General Manager General Manager
Calleguas Municipal Water District Santa Margarita Water District
Roger S. Bailey Randy Schoellerman
General Manager Executive Director
Central Contra Costa Sanitary District San Gabriel Basin Water Quality Authority
1021 E. Miramar Avenue . Claremont, California 91711-2052
Telephone (909) 621-5568 . Fax (909) 625-5470 . http://www.threevalleys.com
July 7, 2022 Regular Board Meeting Agenda Packet- Page 104 of 137
Page 12 of 18
cc: Members, Senate Governance & Finance Committee
Assembly Members Calderon, Chen, Holden, Rodriguez, Rubio
Senators Archuleta, Leyva, Newman, Portantino, Rubio
Kirk Howie, Three Valleys Municipal Water District (khowie .tvmwd.com)
Kristi Foy, Mike Arnold &Associates (kfoy(a-)mjarnold.com)
1021 E. Miramar Avenue . Claremont, California 91711-2052
Telephone (909) 621-5568 . Fax (909) 625-5470 . http://www.threevalleys.com
July 7, 2022 Regular Board Meeting Agenda Packet- Page 105 of 137
Page 13 of 18
Consumer Attachment 4
Technology
Association
1919 S.Eads St.
Arlington,VA22202
703-907-7600
CTA.tec h
April 1, 2022
Assemblymember Bill Quirk
Chair, Assembly Environmental Safety and Toxic Materials Committee
1020 O Street, Room 5120
Sacramento, CA 95814
Re: CTA Comments on AB 2440(Irwin)—Responsible Battery Recycling Act of 2022—Oppose unless
Amended
Dear Assembly Member Quirk:
The Consumer Technology Association TM (CTA) respectfully writes with an oppose unless amended
position on AB 2440 (Irwin), which would require manufacturers to establish a stewardship program for
batteries and products with embedded batteries. CTA joins other concerned industry associations, such
as the Toy Association, in opposing this bill.
CTA is the trade association representing the U.S. consumer technology industry, which supports more
than 15 million U.S. jobs. Our membership is mostly small businesses and startups, but also includes
some of the world's best known manufacturer and retail brands. CTA's members are committed to the
responsible recycling of consumer electronics and batteries contained within consumer electronics.
The Solution Should Address the Problem
CTA is very aware of fires at material recovery facilities (MRFs), transfer stations, and other solid
waste/recycling facilities caused by rechargeable batteries and supports efforts to reduce the frequency
and risks posed by those fires. The good news is, we know what works.
We believe, the most important strategy is better public education. CTA, in conjunction with other
industry associations, supported the "Avoid the Spark...Be Battery Safety SmartT"'" pilot program in 2018
that focused on educating consumers in five Bay Area counties. This effort was widely viewed as
successful and led to an 88% reduction in the placement into collection boxes of used batteries with
unprotected terminals (which are a potential fire initiation source), and a dramatic reduction of
incidents at MRFs in the five counties. CTA supports industry-led consumer education efforts such as this
one in solving fire safety concerns related to lithium-ion batteries.
Batteries and Battery-Embedded Products Have Very Different Needs
Just as consumers should avoid throwing all scrap batteries in a collection bin with battery-embedded
products (fire hazard), so should the legislature avoid throwing all batteries and battery-embedded
products into the same program. Here are our concerns with that approach.
1. Batteries that are designed to be removable by consumers are readily identifiable as batteries.
Many products, however, may or may not have embedded batteries depending on the
manufacturer, or even the specific model of the product by the same manufacturer. Examples
of such products that might—or might not—have an embedded battery include:
1
July 7, 2022 Regular Board Meeting Agenda Packet- Page 106 of 137
Page 14 of 18
o Headphones/ear buds
o Smart speakers
o Portable printers
o Watches
o Smart phone cases
o Keyboard/mice
o Lots of small appliances used in our kitchens and bathrooms
Recycling mandates that are not intuitive fail, and how could a mandate based on an invisible
product attribute (i.e., an embedded battery) be intuitive to consumers, retailers, and
regulators?
2. Products with embedded batteries cover dozens of industries and literally thousands of
manufacturers, and the "pre-approved to sell" provisions in the bill combined with the state
responsibility to publish the names of those thousands of manufacturers, and likely tens of
thousands of products, will surely mean that California consumers will be unable to purchase
many — maybe even the majority — of the products in the list above, as well as many hearing
aids, car keyless entry remotes, portable glucose readers, smoke detectors, small power tools,
two-way radios, video cameras, electric leaf blowers, and children's toys that use electricity.
Additionally, this bill would include more products with embedded batteries not yet on the
market.
3. Batteries are a component in many products powered by electricity, but they are just one
component and usually hidden from view. Batteries sold separately and loose batteries
collected for recycling are products unto themselves and visible to all.
If More Collection of Battery Containing Products is Needed, Expand the Existing E-Waste Program
CTA acknowledges and appreciates the carveout of laptops and tablets regulated under the existing and
historically successful e-waste collection and recycling program. These battery-embedded products are
widely collected and recycled, and rarely appear at municipal solid waste facilities or at MRFs designed
for commodity materials.
This program works, and in recognition of that, CTA encourages the Committee to amend the bill to
expand the state a-waste program to cover products that typically include embedded batteries. This
would provide the financing and would quickly incentivize collection without creating a new large,
complex and in some ways competing system.
CTA also has concerns about take back mandates on retailers in California. Retailers should not be
required to take back battery-embedded products they do not sell.
CTA understands and shares the author's concerns regarding the risks associated with mishandling of
lithium-ion batteries. CTA's members, as demonstrated through our support of the Avoid the Spark T11
campaign, are committed to addressing safety concerns related to lithium-ion batteries. However, the
amended language of AB 2440 is not the right solution to those challenges,and we respectfully oppose
the bill unless amended as suggested above.
Please do not hesitate to contact me at walcorn@CTA.tech or(703) 907-7765 with any questions or
requests for additional information.
(� )
Sincerely,
---
Walter Alcorn
VP, Environmental Affairs and Industry Sustainability
Consumer Technology Association
2
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Attachment 5
KJAARED H FFMAN
U.S. CONGRESSMAN SERVING CALIFORNIA'S 2ND DISTRICT
THE BIPARTISAN INFRASTRUCTURE LAWS INVESTMENT IN DRINKING AND CLEAN WATER
The Bipartisan Infrastructure Law (BIL) provided more
than $50 billion in funding under Title I (Drinking $50 Billion For EPA Water Programs
Water) and Title II (Clean Water) to EPA's water
infrastructure programs. This represents the single- Drinking Water State Revolving Fund:
largest investment ever in U.S.water infrastructure. $15 billion Lead Service Lines Replacement
Clean Water State Revolving Fund ($11.7 billion) $11.7 Drinking Water State Revolving Fund
A federal-state partnership that provides communities billion
with low-cost financing for water quality infrastructure
projects. State match is reduced to 101% for the first $11.7 Clean Water State Revolving Fund
two years. The program provides state financing for billion
construction of wastewater treatment facilities and Small and Underserved Communities
implementation of other water quality management $5 Emerging Contaminants Grants
activities. Applicants apply through their State billion
Revolving Fund program. For more information on Drinking Water State Revolving Fund:
$4 Emerging Contaminants
funding opportunities, visit: www.epa.gov/cwsrf. billion
Clean Water State Revolving Fund — Emerging Clean Water State Revolving Fund:
Contaminants ($1 billion) bion Emerging Contaminants
Loans and grants to fund clean water infrastructure Underground Injection Control
million projects to address emerging contaminants, including $5o n Grants: Class VI Wells
PFAS. State match is not required. Applicants apply
through their State Revolving Fund programs. For $132
more information on funding opportunities, visit: National Estuary Program Grants
million
www.epa.gov/cwsrf.
Drinking Water State Revolving Fund ($11.7 $1.7 Geographic Programs
billion
billion)
Program to help water systems and states to achieve
the objectives of the Safe Drinking Water Act. Grants
and loans and are available to water systems for Drinking Water State Revolving Fund — Emerging
eligible infrastructure projects. State match is reduced Contaminants ($4 billion)
to 10%.Applicants apply through their State Revolving
Fund program. For more information on funding Loans and grants for drinking water infrastructure
opportunities,visit: www.epa.gov/dwsrf. projects to address emerging contaminants, including
PFAS. State match is not required. Further information
will be forthcoming. Applicants apply through their
State Revolving Fund program. For more information
on funding opportunities, visit:
www.epa.gov/dwsrf.
Updated June 2022
July 7, 2022 Regular Board Meeting Agenda Packet- Page 108 of 137
Page 16 of 18
Drinking Water State Revolving Fund — Lead National Estuary Program Grants ($132 million)
Service Lines Replacement ($15 billion)
Each of the 28 estuaries of national significance
Provides Drinking Water State Revolving Fund characterizes the priority problems in its estuary and
program funding dedicated for lead service line surrounding watershed, develops a long-term
replacement and associated activities related to Comprehensive Conservation and Management Plan
identification, planning, design, and removal. that identifies actions to address those problems, and
Applicants apply through their State Revolving Fund identifies partners, to implement those actions.
program. State match is not required. For more Additionally, National Estuary Programs and other
information on funding opportunities, visit: eligible recipients address urgent and challenging
www.epa.gov/dwsrf. issues that threaten the ecological and economic well-
being of coastal areas. For more information on
Water Infrastructure Improvements for the Nation funding opportunities,visit:www.epa.gov/nep.
Small and Underserved Communities — Emerging
Contaminants Grant Program ($5 billion) Geographic Programs ($1.7 billion)
Provides grants to public water systems in small and Investments into 12 federally recognized geographic
underserved/disadvantaged communities that are programs allowing communities to better protect
unable to finance activities needed to comply with ecosystems and serve economic and recreational
drinking water regulations. Projects eligible for assets. These programs include Columbia River Basin
assistance include efforts that benefit small and Restoration Program; Great Lakes Restoration
disadvantaged communities in testing and Initiative; Gulf of Mexico; Lake Champlain; Lake
remediating emerging contaminants, including PFAS Pontchartrain; Long Island Sound; Northwest Forest;
and water filtration. State match is not required. South Florida; Southeast New England Coastal
Applicants will apply through their state. For more Watershed Restoration Program; Chesapeake Bay
information on funding opportunities, visit: Program; Puget Sound; and San Francisco Bay Water
www.epa.gov/dwcapacity/wiin-grant-small- Quality Improvement Fund. For more information on
underserved-and-disadvantaged-communities- funding opportunities, visit: www.epa.gov/
grant-program-0. infrastructure/water-infrastructure-investments.
Monitor funding opportunity announcements at https://www.epa.gov/newsroom
Contact the Environmental Protection Agency with questions at https://www.epa.gov/infrastructure/forms/contact-
us-about-bipartisan-infrastructure-law
Find answers related to the Clean Water and Drinking Water State Revolving Fund Provisions at
https://www.epa.gov/system/files/documents/2022-03/combined srf-implementation-memo final 03.2022.pdf
July 7, 2022 Regular Board Meeting Agenda Packet- Page 109 of 137
Page 17 of 18
THE BIPARTISAN INFRASTRUCTURE LAWS INVESTMENT IN WESTERN WATER RESILIENCE
The Bipartisan Infrastructure Law (BIL) provided
$8.3 billion in funding under Title IX (Western Water $8.3 Billion For Western Water
Infrastructure) to the Bureau of Reclamation
(Reclamation), a water management agency within the $1.05 for Water Storage Projects
Department of the Interior. The resources directed to billion
Reclamation under the BIL are more than five times $100 for Small Water Storage Grants
million
Reclamation's FY2021 discretionary budget.
$3.2 for the Aging Infrastructure Account
Water Storage, Groundwater Storage, and billion
Conveyance Projects ($1.05 billion) $550 for Water Recycling Grants (Title XVI)
million
Water storage, groundwater storage, and conveyance $450 for Large-Scale Water Recycling Projects
projects with an existing feasibility study or million
construction authorization are eligible for funding.The $500 for Dam Safety Projects
project must be found feasible and with benefits million
proportionate to federal investment. Project selection $400 for WaterSMART grants
will follow an internal formulation process. For more million for Colorado River
information on funding opportunities, visit: $300 Drought Contingency Plan Projects
www.usbr.gov/bil.
million
$250 for Desalination Projects
Small Surface Water and Ground Water Storage million
Grants ($100 million) ,$`250 for Aquatic Ecosystem Restoration Projects
Small water storage and groundwater storage projects million for the Cooperative Watershed
$100
are defined as projects that have storage capacity Management Program
p j g p Y million
between 2,000-30,000 acre-feet and increase surface $100 for Watershed Health Projects
water or groundwater storage or convey water,directly million
or indirectly, to or from surface water or groundwater $50 for Colo. River Endangered Species Programs
storage. A competitive grant program is being million
established by Reclamation for small water storage $1 for Rural Water Projects
and groundwater storage projects. For more billion
information on funding opportunities, visit: I �i
www.usbr.gov/bil. process. For more information on funding
Aging Infrastructure Account ($3.2 billion) opportunities,visit:www.usbr.goy/watersmart/titi .
The Aging Infrastructure Account was authorized in 2020 Large Scale Water Recycling and Reuse Projects
to provide funding for significant extraordinary ($450 million)
maintenance needs at Reclamation's aging facilities.This
account will provide funds through repayment contracts This newly authorized program will provide grant
to carry out major repair and rehabilitation projects. For funding to support planning, design and construction
more information on funding opportunities, visit: of large-scale water recycling and reuse projects (total
www.usbr.gov/newsroom/#/news-release/4066. project costs of$500 million or greater) in partnership
with local project sponsors. Priority will be given to
Water Recycling and Reuse Projects ($550 million) projects that serve multiple purposes, including fish
Water recycling projects help stretch limited water and wildlife enhancement, and projects that are multi-
supplies by making new recycled water supplies available. state or regional in nature. A competitive grant
This funding will provide grants under Reclamation's Title program is being established by Reclamation.
XVI authority to support planning, design, and Additional information on funding opportunities is
construction of water recycling and reuse projects. Funds expected later this year.
will be made available through an external application
Updated June 2022
July 7, 2022 Regular Board Meeting Agenda Packet- Page 110 of 137
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Dam Safety Projects ($500 million) Aquatic Ecosystem Restoration Projects($250 million)
Reclamation's Safety of Dams program was The Aquatic Ecosystem Restoration program was
established to ensure Reclamation dams do not authorized in 2020. This program will support
present unacceptable risk to people, property, and the voluntary, collaborative restoration projects by
environment. BIL funds will be distributed to high- providing funding to eligible applicants for the design,
priority safety projects following an internal study and construction of projects for improved fish
formulation process. In March 2022, Reclamation passage and aquatic habitat restoration.A competitive
allocated $100 million in BIL funds for dam safety grant program is being established by Reclamation.
modifications at B.F. Sisk Dam in California. For more Additional information on funding opportunities is
information on funding opportunities, visit: expected later this year.
www.usbr.gov/bil. Cooperative Watershed Management Program
WaterSMART Grants ($400 million) ($100 million)
Through WaterSMART, Reclamation provides grant This program provides grants for watershed
opportunities for projects focused on water efficiency, management projects to encourage a diverse set of
drought resilience, environmental benefits, small-scale stakeholders to form local solutions for local water
water management improvements, and development management needs. Implementation and project
of water management tools. Of the $400 million selection will follow existing processes and criteria. For
provided, $100 million is set aside specifically for more information on funding opportunities, visit:
projects that improve the condition of a natural or www.usbr.gov/watersmart/cwmp.
nature-based feature. There will be multiple
Multi-benefit Watershed Health Projects($100 million)
WaterSMART funding opportunities in FY2022 and
subsequent years. For more information on funding The BIL provided Reclamation with a new authority
opportunities, visit: www.usbr.gov/watersmart. and funding for projects to improve watershed health.
Funding will support the design, implementation, and
Colorado River Drought Contingency Plan Projects monitoring of habitat restoration projects that
($300 million) improve watershed health in river basins adversely
Funding to implement the Colorado River Basin impacted by Reclamation projects. A competitive
Drought Contingency Plan (DCP) may be used for grant program is being established by Reclamation.
projects to establish or conserve recurring Colorado Additional information on funding opportunities is
River water supplies. Of this, $250 million can be used expected later this year.
to contribute to supplies to Lake Mead and other
LColorado River Endangered Species Programs ($50
Lower Colorado River reservoirs, or to improve
million)
operational efficiency in the Lower Basin. Additionally,
$50 million is available for DCP implementation in the The BIL provided funding for four programs that
Upper Basin. Funding will be provided via an internal benefit endangered species in the Colorado River
formulation process. For more information on Basin. The program that most directly benefits
funding opportunities, visit:www.usbr.gov/bil. California is the Lower Colorado River Multi-Species
Desalination Projects ($250 million) Conservation Program. For more information on
funding opportunities, visit: www.usbr.gov/bil.
Reclamation's desalination construction program Rural Water Projects ($1 billion)
provides federal funding for ocean or brackish water
desalination projects. Reclamation has an existing Congress authorized Reclamation to develop several
selection process and evaluation criteria to select water supply projects serving rural and tribal
eligible external projects for funding. For more communities in locations across the West. This is an
information on funding opportunities, visit existing program and funding will be distributed to
www.usbr.gov/watersmart/desalination. already-authorized projects. For more information
on funding opportunities, visit:www.usbr.gov/bil.
Monitor funding opportunity announcements at https://usbr.gov/newsroom
Contact the Bureau of Reclamation with questions at usbr.bil@usbr.gov
Find answers to frequently asked questions at www.usbr.gov/bil/docs/BIL General FAQ.pdf
July 7, 2022 Regular Board Meeting Agenda Packet- Page 111 of 137