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HomeMy WebLinkAbout13. Receive Legislative Matters update Page 1 of 2 Item 13. CENTRAL SAN BOARD OF DIRECTORS POSITION PAPER MEETING DATE: AUGUST4, 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 August 4, 2022 Regular Board Meeting Agenda Packet- Page 64 of 94 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 August 4, 2022 Regular Board Meeting Agenda Packet- Page 65 of 94 Central San 2022 Priority Legislative Tracking Sheet as of 8/3/22 Item 13. Green Shading - bill enacted, (Handout) 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 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 To suspense file in Senate Monica), polyfluoroalkyl Interstate Chemicals Clearinghouse to establish, by January 1, 2024, a publicly Association of kppropriations Committee. 6/22/22 Passed out Principal substances accessible reporting platform to collect information about PFAS and products or product Sanitation of Senate Environmental Quality Committee 5-2. coauthor: (PFAS) products: components containing regulated PFAS, as defined, being sold, distributed, or offered Agencies (CASA) 5/26/22 Passed in Assembly. 5/23/22 Passed Senator Allen disclosure: for promotional purposes in, or imported into, the state. The PFAS containing product & Clean Water second Assembly reading. 5/19/22 Passed with publicly must be registered and reported to the platform by March 1, 2024, and updated Action, WateReuse amendments from Assembly Appropriations 12-4. accessible annually. The bill also authorizes enforcement agencies to request a certificate of California: Support 4/26/22 Passed out of Assembly Environmental reporting platform compliance, subject to the bill's requirements, from the manufacturer within 30 days. Safety and Toxic Materials Committee and Manufacturers who violate this requirement would be subject to civil penalties not to referred to Assembly Appropriations Committee. exceed $2,500 per day up to $100,000 maximum for each violation. Amendments 4/20: 4/20/22 Author's amendments presented in "Manufacturer" does not include a state agency, as defined in Section 46025, or a local Assembly Environmental Safety and Toxic agency, as defined in subdivision (c) of Section 66000 of the Government Code. Materials Committee. 2/16/22 Bill introduced. 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 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 8/3/22 Passed Assembly Appropriations Fullerton) progressive city and county, or special district authorized by law to provide for the production, Collaborative Committee and put on Consent Calendar. design-build: local storage, supply, treatment, or distribution of any water from any source, to use the Delivery 6/20/22 Re-referred to Assembly Appropriations agencies progressive design-build process for public works projects in excess of$5,000,000, Association, Committee. 6/15/22 Passed Assembly Local similar to the progressive design-build process authorized for use by the Director of Support: Metro Government Committee 8-0. 6/13/22 Staff General Services. The bill would require specified information to be verified under Water District of working with other agencies and member penalty of perjury. By expanding the crime of perjury, the bill would impose a state- Southern organizations seeking amendments that would mandated local program. From the sponsor, this bill provides the following: more precise California, CSDA: reinforce the guaranteed maximum price definitions of Progressive Design Build and Qualifications Based Selection. The Support stipulations previously provided for in earlier language provides limited application to projects over$5M. The bill includes additional drafts of the proposed legislation. 5/19/22 Moved language to allow sharing of costs below Guarantee Maximum Price to be shared, to Assembly Local Government Committee. based on pre-established percentages defined in the Request for Qualifications. The bill 5/9/22 Passed out of Senate 33-0. *This bill is also limits subcontractor listing requirements exceeding one-half of 1% allocable to moving quickly. 4/19/22 Second reading in projects with a contract value greater than or equal to $10M. Amendments 3/22/22: Senate. To third reading. 3/31/22 Passed out of Changes the proposed repeal date from January 1, 2033 to January 1, 2029. Added Appropriations 5-0. 2/14/22 Introduced. 1/13/22 detailed reporting requirements to State for all design-build contracts. Board supported in-concept proposed legislation. Central San 2022 Priority Legislative Tracking Sheet as of 8/3/22 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: VVatGh, h, 3i�i, 7/19/22 Chaptered. 6/23/22 Added to Senate Concord) Connection and for water connections or sewer connections, or imposes capacity charges, as provided, Oppose, ACWA: Neutral Neutral 5/26/22 consent calendar. 5/25/22 To Senate Governance Capacity Fees and that conducts a study to support the estimate of the reasonable cost of providing Oppose Unle c and Finance Committee. 5/16/22 Passed the service to follow certain standards and practices, as defined and specified. Amend, Neutral 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- 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 8/1/22 AB 2440 To Senate Appropriations Fullerton)/ Irwin 2440 Battery- battery in a container or receptacle that is intended for the collection of solid waste or Stewardship Suspense File. 8/1/22 SB 1215 Amended in (D-Thousand Embedded recyclable materials, unless the container or receptacle is designated for the collection Council (CPSC): Assembly and re-referred to the Oaks) Product Recycling of batteries for recycling, as provided. This bill also requires producers of batteries, Sponsor Appropriations Committee. Central San signed and Fire Risk battery packs, and battery-embedded products offered for sale or sold in this state to on to two coalition letters supporting new Reduction Act of develop, finance, and implement a convenient and cost-effective stewardship program/ amendments. 6/28/22 AB 2440 Passed Senate 2022 collection program to recover and recycle batteries, battery packs, and battery- Judiciary Committee 9-1. 6/27/22 SB 1215 embedded products. AMENDMENTS: Due to negotiations with the opposition, bills Passes as amended the Assembly Natural will be split in two. SB 1215 will be amended to expand the State's existing E- Resources Committee 9-1. 6/14/22 SB 1215 Waste Recycling Program, and AB 2440 will remain a bill to require a producer Passed the Assembly Safety and Toxic Materials responsibility program from battery suppliers. 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- 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 readir 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. Central San 2022 Priority Legislative Tracking Sheet as of 8/3/22 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 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. 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 limit teleGGnferenGing +„three GenseGutffiV8 months Of the fGll9,.iRg ,.,,.,,bons , runt: 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 Central San 2022 Priority Legislative Tracking Sheet as of 8/3/22 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 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 8/1/22 Read second titre in cons+e amended. County) government: open to be conducted openly and publicly, with specified exceptions. Current law makes Sponsor, CASA, to third reading. 6/29/22 Passed out of Senate meetings agendas of public meetings and other writings distributed to the members of the CSDA: Support Governance and Finance Committee. 5/12/22 governing board disclosable public records, with certain exceptions. Current law Passed Assembly 62-0. 4/19/22 Amended and requires a local agency to make those writings distributed to the members of the referred to committee. *Minor amendments - not governing board available for public inspection at a public office or location that the substantive. 3/10/22 Referred to the Local agency designates. This bill would instead require a local agency to make those writings Government and Judiciary Committee. 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. Amendments include only minor language and process changes that do not impact the agency. 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. Amendments: To allow members to teleconference the agency must designate on the agenda Board Members attending remotely. Additionally, to qualify, (i) The legislative body holds a meeting and has previously determined, by majority vote, that members will not be required to identify the address of any private location from which the member elects to teleconference. A determination described by this clause shall remain applicable to the legislative body until the legislative body votes otherwise. (ii)At least a quorum of members of the legislative body participates from a single physical location that is clearly identified on the agenda, open to the public, and situated within the boundaries of the territory over which the local agency has jurisdiction. 14 State Quirk (D- AB 2787 Microplastics in Existing law bans specified personal care products containing plastic microbeads, CSDA: Watch and VVatGh, h, ^/'�z, 0/2/22 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. Central San 2022 Priority Legislative Tracking Sheet as of 8/3/22 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 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 Read in Senate and re-referred to Madera) Act of 1974: the same way and covering the same reporting categories (i.e., campaign statements or Senate Appropriations Committee. 6/21/22 campaign related documents)that statewide elected officials are currently required to do. This Passed in 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 8/1/22 Hearing date in Assembly Orinda) contributions: local agency officers would be prohibited from receiving contributions above a certain Appropriations. 6/29/22 Passed in the Assembly agency officers. amount before/after participating in a decision related to "a proceeding involving a Elections Committee 5-0. 5/25/22 Passed Senate license, permit, or other entitlement for use pending before the agency." "License, 34-0. 5/19/22 Passed Senate Appropriations 5-0. permit, or other entitlement for use" means all business, professional, trade, and land 4/18/22 In Suspense file in Senate Appropriations use licenses and permits and all other entitlements for use, including all entitlements for Committee. 3/28/22 Passed out of Senate land use, all contracts (other than competitively bid, labor, or personal employment Elections and Constitutional Amendments contracts), and all franchises. Agency officer would have an opportunity to cure the Committee. 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 limiting the hours from 7:00 a.m. to 5:00 p.m. 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 8/1/22 Read second time in Senate -to third products: safety manufacturing, selling, delivering, holding, or offering for sale in commerce any cosmetic NSAC, Breast reading. 6/29/22 Author/sponsor testified at product that contains intentionally added perfluoroalkyl and polyfluoroalkyl substances Cancer Senate Health Committee that PFAS connects PFAS. AMENDMENTS: Change the implementation date to 2025 from 2023, and Awareness: with breast cancer and already polluted more than include "intentionally added PFAS" language in line with other PFAS-related bills. Support 16 million Californians drinking water. 6/22/22 Re- referred to Senate Health Committee.