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HomeMy WebLinkAbout10. Receive Legislative Matters update Page 1 of 2 Item 10. CENTRAL SAN BOARD OF DIRECTORS POSITION PAPER MEETING DATE: AUGUST 18, 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 18, 2022 Regular Board Meeting Agenda Packet- Page 57 of 76 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 18, 2022 Regular Board Meeting Agenda Packet- Page 58 of 76 Central San 2022 Priority Legislative Tracking Sheet as of 8/17/22 Item 10. Green Shading - bill enacted, (Handout - 1) Gray Shading - bill is dead, White Shading- bill in progress FeOrIndustry Position Board Date of deral/ ganization(s) Author Legislation Also Known As Summary Recommended Board Notes State Priority Decision List/Position by Staff Direction 1 State Bloom (D-Santa AB 2247 Perfluoroalkyl and This bill would require the Department of Toxic Substances Control to work with the Sponsor: California Support Support 3/3/2022 8/17/22 Hearing on Senate Floor. 8/12/22 Monica), polyfluoroalkyl Interstate Chemicals Clearinghouse to establish, by January 1, 2024, a publicly Association of Passed out of Senate Appropriations -Sent to Principal substances accessible reporting platform to collect information about PFAS and products or product Sanitation a Floor vote 8/1/22 To suspense file in Senate coauthor: (PFAS) products: components containing regulated PFAS, as defined, being sold, distributed, or offered Agencies (CASA) Appropriations Committee. 6/22/22 Passed out of Senator Allen disclosure: for promotional purposes in, or imported into, the state. The PFAS containing product & Clean Water Senate Environmental Quality Committee 5-2. publicly must be registered and reported to the platform by March 1, 2024, and updated Action, WateReuse 5/26/22 Passed in Assembly. 5/23/22 Passed accessible annually. The bill also authorizes enforcement agencies to request a certificate of California: Support second Assembly reading. 5/19/22 Passed with reporting platform compliance, subject to the bill's requirements, from the manufacturer within 30 days. amendments from Assembly Appropriations 12-4. Manufacturers who violate this requirement would be subject to civil penalties not to 4/26/22 Passed out of Assembly Environmental exceed $2,500 per day up to $100,000 maximum for each violation. Amendments 4/20: Safety and Toxic Materials Committee and "Manufacturer" does not include a state agency, as defined in Section 46025, or a local referred to Assembly Appropriations Committee. agency, as defined in subdivision (c) of Section 66000 of the Government Code. 4/20/22 Author's amendments presented in Amendments 5/19: Pushes back implementation one year to July 1, 2025, and changed Assembly Environmental Safety and Toxic required reporting to "intentionally added" PFAS. Materials Committee. 2/16/22 Bill introduced. 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 8/16/22 Senate concurred with Assembly Fullerton) progressive city and county, or special district authorized by law to provide for the production, Collaborative amendments -to enrollment. 8/3/22 Passed design-build: local storage, supply, treatment, or distribution of any water from any source, to use the Delivery Assembly Appropriations Committee and put on agencies progressive design-build process for public works projects in excess of$5,000,000, Association, Consent Calendar. 6/20/22 Re-referred to similar to the progressive design-build process authorized for use by the Director of Support: Metro Assembly Appropriations Committee. 6/15/22 General Services. The bill would require specified information to be verified under Water District of Passed Assembly Local Government Committee penalty of perjury. By expanding the crime of perjury, the bill would impose a state- Southern 8-0. 6/13/22 Staff working with other agencies and mandated local program. From the sponsor, this bill provides the following: more precise California, CSDA: member organizations seeking amendments that definitions of Progressive Design Build and Qualifications Based Selection. The Support would reinforce the guaranteed maximum price language provides limited application to projects over$5M. The bill includes additional stipulations previously provided for in earlier language to allow sharing of costs below Guarantee Maximum Price to be shared, drafts of the proposed legislation. 5/19/22 Moved based on pre-established percentages defined in the Request for Qualifications. The bill to Assembly Local Government Committee. also limits subcontractor listing requirements exceeding one-half of 1% allocable to 5/9/22 Passed out of Senate 33-0. *This bill is projects with a contract value greater than or equal to $10M. Amendments 3/22/22: moving quickly. 4/19/22 Second reading in Changes the proposed repeal date from January 1, 2033 to January 1, 2029. Added Senate. To third reading. 3/31/22 Passed out of detailed reporting requirements to State for all design-build contracts. Appropriations 5-0. 2/14/22 Introduced. 1/13/22 Board supported in-concept proposed legislation. Central San 2022 Priority Legislative Tracking Sheet as of 8/17/22 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, WatGh, 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 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 8/17/22 SB 1215 Assembly floor hearing Fullerton)/ Irwin 2440 Battery- battery in a container or receptacle that is intended for the collection of solid waste or Stewardship date/AB 2440 Senate floor hearing date. (D-Thousand Embedded recyclable materials, unless the container or receptacle is designated for the collection Council (CPSC): 8/16/22 SB 1215 Assembly second reading, to Oaks) Product Recycling of batteries for recycling, as provided. This bill also requires producers of batteries, Sponsor third reading. 8/15/22 AB 2440 Read second and Fire Risk battery packs, and battery-embedded products offered for sale or sold in this state to time -to third reading. 8/1/22 AB 2440 To Reduction Act of develop, finance, and implement a convenient and cost-effective stewardship program/ Senate Appropriations Suspense File. 8/1/22 SB 2022 collection program to recover and recycle batteries, battery packs, and battery- 1215 Amended in Assembly and re-referred to the embedded products. AMENDMENTS: Due to negotiations with the opposition, bills Appropriations Committee. Central San signed on will be split in two. SB 1215 will be amended to expand the State's existing E- to two coalition letters supporting new Waste Recycling Program, and AB 2440 will remain a bill to require a producer amendments. 6/28/22 AB 2440 Passed Senate responsibility program from battery suppliers. Judiciary Committee 9-1. 6/27/22 SB 1215 Passes as amended the Assembly Natural Resources Committee 9-1. 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 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 117/22 Hearing date on Senate Floor. 6/28/22 Orinda) Public Health and commercial quantities of waste to remove, or pay for the removal of, the waste matter County Board of Read second time in Senate, to third reading. Safety: Dumping that was illegally dumped. The bill would authorize the court to order the surrender of a Supervisor Burgis: 6/14/22 Passed Senate Public Safety Committee professional or business license that is related to the illegal dumping activity for which Sponsor, CASA 5-0. 5/16/22 Passed Assembly 69-0. 5/11/22 the person has been convicted, as a condition of probation. Amendments - reduced Support Passed Assembly Appropriations Committee. fines for violations, and removed the requirements by court to pay for cleanup, and 4/26/22 Passed out of Assembly Business and instead made it an option. 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 AB 1817 Product safety: This bill would prohibit, beginning January 1, 2024, any person from distributing, selling, Sponsor: Clean Support Support 3/3/2022 8/17/22 Hearing date on Senate Floor. 6/29/22 Francisco) and textile articles: or offering for sale in the state any textile articles that contain regulated PFAS, and Water Action, Passed in Senate Environmental Quality Garcia (D-Bell perfluoroalkyl and requires a manufacturer to use the least toxic alternative when replacing regulated CASA Support Committee 5-1. 5/23/22 Passed Assembly 52-2. Gardens) polyfluoroalkyl PFAS in textile articles to comply with these provisions. 3/28/22 In Assembly. Read second time. To third substances reading. 2/7/22 Introduced. 2/24/22 CASA staff (PFAS) will recommend support to legislative committee. Central San 2022 Priority Legislative Tracking Sheet as of 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 8/9/22 Second reading to third re-reading. Baldwin Park) local agencies: without complying with specified teleconferencing requirements in specified 8/8/22 Amended during third reading. 6/28/22 teleconferences circumstances when a declared state of emergency is in effect, or in other situations Passed out of Senate Judiciary Committee 8-0, related to public health. This bill would authorize a local agency to use teleconferencing expect to be hear on Senate floor in August. without complying with those specified teleconferencing requirements if at least a 6/23/22 Updated coalition letter sent to Judiciary quorum of the members of the legislative body participates in person from a singular Committee. 6/22/22 Pass out of Senate location identified on the agenda that is open to the public and situated within the local Governance and Finance Committee 5-0. 5/26/22 agency's jurisdiction. The bill would impose prescribed requirements for this exception Passed Assembly on to Senate. 5/23/22 In relating to notice, agendas, the means and manner of access, and procedures for Assembly for third reading. 5/4/22 Passed disruptions. The bill would require the legislative body to implement a procedure for Assembly Local Government Committee 7-1. receiving and swiftly resolving requests for reasonable accommodation for individuals 4/8/22 Central San signs on to coalition letter. If with disabilities, consistent with federal law. Amendments 6/27/22 For a Board member you have a quorum in person then you wouldn't to meet remotely must have just cause or medical emergency. Just cause has have to post agendas to remote meeting sites. limitations and will only allow two meetings in a year for reasons such as agency However, you would have to provide audio/video conference travel. The emergency medical justification will allow the use of up to 20% of at those additional meeting sites. 3/3/22 Referred meetings in a year. 5/23/22 limit teleGGnferenGing t„throe Gut;.,o months Of the to the Assembly Local Government Committee. fGll9 iRg Genditions are rnet: 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 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 8/17/22 Hearing date on Senate Floor. 8/8/22 In County) government: open to be conducted openly and publicly, with specified exceptions. Current law makes Sponsor, CASA, Senate read second time, to third reading. meetings agendas of public meetings and other writings distributed to the members of the CSDA: Support 8/1/22 Read second time in Senate, amended, to governing board disclosable public records, with certain exceptions. Current law third reading. 6/29/22 Passed out of Senate requires a local agency to make those writings distributed to the members of the Governance and Finance Committee. 5/12/22 governing board available for public inspection at a public office or location that the Passed Assembly 62-0. 4/19/22 Amended and agency designates. This bill would instead require a local agency to make those writings referred to committee. *Minor amendments - not distributed to the members of the governing board available for public inspection at a substantive. 3/10/22 Referred to the Local public office or location that the agency designates or post the writings on the local Government and Judiciary Committee. 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 /17/22 Currently stalled in committee. 6/22/22 Jose) Government: meetings of a legislative body of a local agency, as those terms are defined, be open Watch Not heard in Senate Governance and Finance open and public and public and that all persons be permitted to attend and participate. Current law, until Committee. 6/8/22 Sent to Senate Governance meetings January 1, 2024, authorizes a local agency to use teleconferencing without complying and Finance + Judiciary Committees. 5/26/22 with those specified teleconferencing requirements in specified circumstances when a Passed Assembly. 5/25/22 Amended in Assembly declared state of emergency is in effect, or in other situations related to public health. - amendments not yet in print. Doesn't allow a This bill would specify that if a member of a legislative body elects to teleconference zoom option. 2/18/22 Referred to Assembly Local from a location that is not public, the address does not need to be identified in the notice Government Committee. 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, 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. Central San 2022 Priority Legislative Tracking Sheet as of 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 8/11/22 Passed Senate Appropriations, read Madera) Act of 1974: the same way and covering the same reporting categories (i.e., campaign statements or second time on Senate Floor, to third reading. campaign related documents)that statewide elected officials are currently required to do. This 8/1/22 Read in Senate and re-referred to Senate statements. requirement would be in addition to their requirement to file these reports with their local Appropriations Committee. 6/21/22 Passed in filing officer. Amendments: This bill now only applies to candidates that receive $15,000 Senate Elections and Constitutional Amendments or more in campaign contributions. Committee 5-0. 5/23/22 Passed Assembly 72-0. 4/27/22 Amended and passed 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 8/17/22 Hearing date for Assembly Floor. Orinda) contributions: local agency officers would be prohibited from receiving contributions above a certain 8/16/22 In Assembly, read second time, to third agency officers. amount before/after participating in a decision related to "a proceeding involving a reading. 8/1/22 Hearing date in Assembly license, permit, or other entitlement for use pending before the agency." "License, Appropriations. 6/29/22 Passed in the Assembly permit, or other entitlement for use" means all business, professional, trade, and land Elections Committee 5-0. 5/25/22 Passed Senate use licenses and permits and all other entitlements for use, including all entitlements for 34-0. 5/19/22 Passed Senate Appropriations 5-0. land use, all contracts (other than competitively bid, labor, or personal employment 4/18/22 In Suspense file in Senate Appropriations contracts), and all franchises. Agency officer would have an opportunity to cure the Committee. 3/28/22 Passed out of Senate violation by returning the contribution (or the portion of the contribution in excess of two Elections and Constitutional Amendments hundred fifty dollars)within 14 days of accepting, soliciting, or directing the contribution, Committee. 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 Support 6/29/2022 8/17/22 In Senate, hearing date for third products: safety manufacturing, selling, delivering, holding, or offering for sale in commerce any cosmetic NSAC, Breast reading. 8/1/22 Read second time in Senate-to product that contains intentionally added perfluoroalkyl and polyfluoroalkyl substances Cancer third reading. 6/29/22 Author/sponsor testified at PFAS. AMENDMENTS: Change the implementation date to 2025 from 2023, and Awareness: Senate Health Committee that PFAS connects include "intentionally added PFAS" language in line with other PFAS-related bills. Support with breast cancer and already polluted more than 16 million Californians drinking water. 6/22/22 Re- referred to Senate Health Committee. Item 10. (Handout - 2) CASA UALLEA OF California Special CALIFORNIAAC ALI FOR NIA MVM ICI PAL LITIL ITI ES CITIES Districts Association A s s a C I A T o M I9©❑0 0 districts Stronger Together OLD CMFloor Alert! Support AB 2247 (Bloom): PFAS Disclosure ■ We need to know the sources of PFAS pollution and how these chemicals enter our watersheds. ■ AB 2247 requires manufacturers to disclose the presence of intentionally added PFAS in their products. This is a modest policy approach to support science-based decision making. ■ Recent amendments address significant opposition concerns by exempt ing medications and medical devices from reporting, removing criminal penalties, and extending reporting deadline for complex articles. ■ Without better information about sources of PFAS local water management options are limited and costly, leading to affordability concerns for the delivery of essential public services. ■ Knowledge is power: understanding sources of PFAS will generate consumer awareness about the harmful chemicals used in everyday products and how they impact the environment and their communities. ■ The database created by AB 2247 would benefit ratepayers in supporting practical and cost-effective management solutions. ■ We need this information to take meaningful steps toward protecting the health of Californians, keeping essential public services affordable, and maintaining our environment in the long-term. This bill is supported by water and wastewater agencies, cities, counties, and special districts providing essential public services in California's local communities. Item 10. (Handout - 3) Proponents Submit 1.4 Million Signatures to Qualify Initiative Limiting Ability of Voters and State and Local Governments Proponents of Initiative#21-0042A1 submitted 1,429,529 signatures by the August 2 deadline to qualify the constitutional amendment for voter consideration. Should county elections officials confirm the validity of at least 997,139 signatures, the initiative to limit the ability of voters and state and local governments to raise revenues for government services will be placed on the November 2024 statewide ballot. CSDA is calling on all special districts to join the more than 150 local governments that have already passed resolutions in opposition to the costly measure. The purported "Taxpayer Protection and Government Accountability Act," sponsored by the California Business Roundtable ("CBRT"), is the most consequential proposal to limit the ability of the state and local governments to enact, modify, or expand taxes, assessments,fees, and property-related charges since the passage of Proposition 218 (1996) and Proposition 26 (2010). If enacted, public agencies would face a drastic rise in litigation that could severely restrict their ability to meet essential services and infrastructure needs. County elections officials are in the process of conducting a random sample verification of the 1.4 million signatures submitted by proponents.They have 38 working days from the submission of signatures to confirm whether the random sample process yields a sufficient number of valid signatures. If the random sample verifies 110 percent of required signatures,then the initiative qualifies automatically. If it yields less than 95 percent of necessary valid signatures,then it fails. If it yields less than 110 percent, but greater than 95 percent,then elections officials receive another 30 working days to conduct a full check of all signatures. Interested parties can track the results of the ongoing count on the website of the California Secretary of State. CSDA has joined a coalition of local government leaders in adopting an "Oppose" position on Initiative 21-0042A1 and encourages all special districts, partners, and community leaders to join the coalition. Item 10. (Handout - 4) ADVOCACY ALERT August 16, 2022 Biden Signs Inflation Reduction Act, A Key Win for Climate and Environmental Justice This afternoon, President Biden signed the Inflation Reduction Act (IRA) into law, enacting some of the most historic climate-related provisions in Congressional history, packaged with significant health care and tax provisions. The Biden administration also announced a cross- country rollout campaign for the legislation, which will focus on how the IRA will make prescription drugs and health insurance cheaper, along with promoting the law's investments in clean energy and measures to curb climate change. The legislation was supported along strict party lines, passing the House with a vote of 220- 207 on August 12 with only Democratic support after passing out of the Senate, 51-50, on August 7th with Vice President Kamala Harris providing the critical 51 st vote. The legislation required only a simple majority vote to pass the Senate—rather than the traditional 60-vote superm ajority—because it was advanced under Budget Reconciliation procedures. The climate provisions in the legislation—totaling $370 billion—are pared back from what Biden initially proposed as part of his Build Back Better Agenda, yet still projected to have significant impact. The White House has highlighted projections that the IRA will reduce greenhouse gas emissions by a billion metric tons in 2030. This 40 percent reduction in carbon emissions advances President Biden's goal of cutting U.S. emissions by at least 50 to 52 percent below 2005 levels by 2030. The IRA may provide opportunities for clean water agencies to invest in energy generation. In addition to incentives for solar and wind, the IRA could create new opportunities for resource recovery through new and expanded tax credits for biogas. The changes align biogas production more closely with the incentives available for other sources of renewable energy, including a 30 percent investment tax credit for renewable natural gas and heat from biogas. The IRA also includes $43 billion in production tax credits to accelerate U.S. manufacturing of solar, wind, batteries, clean hydrogen, and processing critical minerals. Overall, IRA positions the U.S. to do what climate scientists said it should have done decades ago-establish a significant down payment on decarbonizing the energy sector and begin prioritizing economy-wide incentives to help the nation reach net-zero carbon. Environmental and climate justice are also a key focus of the legislation, making significant progress on Biden's presidential goals. NACWA also advocated for inclusion of additional water provisions to complement the historic water funding signed into law earlier this Congress, but the final IRA is not as broad as the original Build Back Better proposal that included these provisions. Still, the IRA will direct billions of dollars to EJ communities will benefit other projects at the nexus of energy and clean water. Related provisions include: • $3 billion for EPA Environmental and Climate Justice Block Grants, designed to provide flexible funding to help disadvantaged communities with activities related to local priorities for mitigating air pollution and addressing climate resiliency and adaptation. (Sec. 60201) • $550 million in grants through the Bureau of Reclamation for domestic water supply projects to help disadvantaged communities (according to criteria adopted by the Commissioner of Reclamation) with drinking water needs in Western states. (Sec. 50231) • $837.5 million for the Department of Housing and Urban Development to support water and energy efficiency improvements in affordable housing, such as installing heat pumps, rooftop solar and low-flow water systems. (Sec. 30002) • $27 billion for an EPA Greenhouse Gas Reduction Fund. The fund will help state and local governments and nonprofits invest in qualified projects that reduce greenhouse gas and advance zero-emission technologies. Sixty percent of the funding will target disadvantaged communities. Commonly referred to as a Green Bank, the Fund aims to expand access to clean energy financing and community-scale solutions. (Sec. 60103) • $2 billion to the Department of Transportation for a Neighborhood Access and Equity Grant Program aimed at improving transportation infrastructure's impacts on disadvantaged communities. Eligible projects can include green and natural infrastructure to reduce or better manage stormwater runoff and reduce flooding. (Sec. 60501) $1 billion for municipalities, states, tribes and schools to purchase clean heavy-duty vehicles. Forty percent of the funds are targeted to Clean Air Act nonattainment areas. Eligible vehicles for replacement are Class 6 or Class 7 heavy-duty vehicles defined in 40 CFR 1037.801. (Sec. 60101) A projected $11 billion in new "polluter pays" funding for cleaning up Superfund sites, to be raised through reinstating taxes on oil production and imports. • A total of $1.5 billion in forestry expenditures, including establishing community and urban forests and expanding green spaces in cities. Although the IRA provides some guidance on how EJ funds should be spent, federal agencies and states will have a significant role in deciding how programs are designed, implemented, and monitored going forward. As the Administration rolls out its nationwide IRA tour, we expect to learn more about how the White House plans to ensure swift and efficient utilization of these funds and programs within relevant agencies. NACWA regulatory and legislative staff will remain keenly focused on supporting agency efforts to implement the IRA. NACWA will be working closely with aligned organizations and partners and will work to provide additional resources to help utilities understand and potentially benefit from IRA provisions.