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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: SEPTEMBER 1, 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 September 1, 2022 Regular Board Meeting Agenda Packet- Page 51 of 86 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 September 1, 2022 Regular Board Meeting Agenda Packet- Page 52 of 86 Central San 2022 Priority Legislative Tracking Sheet as of 8/31 /22 Item 13. Green Shading - bill enacted, (Handout - 1) Gray Shading - bill is dead, White Shading - bill in progress Industry Position Date of Federal/ Organization(s) Board Author Legislation Also Known As Summary Recommended Board Notes State Priority Decision List/Position by Staff Direction 1 State Bloom (D-Santa AB 2247 Perfluoroalkyl and This bill would require the Department of Toxic Substances Control to work with the Sponsor: California Support Support 3/3/2022 x/30/22 Assembly concurred -to enrollment. Monica), polyfluoroalkyl Interstate Chemicals Clearinghouse to establish, by January 1, 2024, a publicly Association of 8/29/22 Passed Senate with 24-12 vote. 8/17/22 Principal substances accessible reporting platform to collect information about PFAS and products or product Sanitation Hearing on Senate Floor. 8/12/22 Passed out of coauthor: (PFAS) products: components containing regulated PFAS, as defined, being sold, distributed, or offered Agencies (CASA) Senate Appropriations - Sent to a Floor vote. Senator Allen disclosure: for promotional purposes in, or imported into, the state. The PFAS containing product & Clean Water 8/1/22 To suspense file in Senate Appropriations publicly must be registered and reported to the platform by March 1, 2024, and updated Action, WateReuse Committee. 6/22/22 Passed out of Senate accessible annually. The bill also authorizes enforcement agencies to request a certificate of California: Support Environmental Quality Committee 5-2. 5/26/22 reporting platform compliance, subject to the bill's requirements, from the manufacturer within 30 days. Passed in Assembly. 5/23/22 Passed second Manufacturers who violate this requirement would be subject to civil penalties not to Assembly reading. 5/19/22 Passed with exceed $2,500 per day up to $100,000 maximum for each violation. Amendments 4/20: amendments from Assembly Appropriations 12-4. "Manufacturer" does not include a state agency, as defined in Section 46025, or a local 4/26/22 Passed out of Assembly Environmental agency, as defined in subdivision (c) of Section 66000 of the Government Code. Safety and Toxic Materials Committee and Amendments 5/19: Pushes back implementation one year to July 1, 2025, and changed referred to Assembly Appropriations Committee. required reporting to "intentionally added" PFAS. Amendments 8/29 change 4/20/22 Author's amendments presented in implementation to 1/1/26. Assembly Environmental Safety and Toxic 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 8/31 /22 Green Shading - bill enacted, Gray Shading - bill is dead, White Shading - bill in progress Industry Position Date of Federal/ Organization(s) Board Author Legislation Also Known As Summary Recommended Board Notes State Priority Decision List/Position by Staff Direction 5 State Grayson (D- AB 2536 Transparency for This bill would, on and after January 1, 2023, require a local agency that imposes fees CASA, CSDA: `VatG Watch, 31�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 1JRIeG6 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 8/30/22 SB 1215 Senate concurred with Fullerton) / Irwin 2440 Battery- battery in a container or receptacle that is intended for the collection of solid waste or Stewardship Assembly amendments. To enrollment. 8/29/22 (D-Thousand Embedded recyclable materials, unless the container or receptacle is designated for the collection Council (CPSC): AB 2440 passed Senate -to Assembly for Oaks) Product Recycling of batteries for recycling, as provided. This bill also requires producers of batteries, Sponsor concurrence. 8/17/22 SB 1215 Assembly floor and Fire Risk battery packs, and battery-embedded products offered for sale or sold in this state to hearing date/AB 2440 Senate floor hearing date. Reduction Act of develop, finance, and implement a convenient and cost-effective stewardship program/ 8/16/22 SB 1215 Assembly second reading, to 2022 collection program to recover and recycle batteries, battery packs, and battery- third reading. 8/15/22 AB 2440 Read second time embedded products. AMENDMENTS: Due to negotiations with the opposition, bills to third reading. 8/1/22 AB 2440 To Senate will be split in two. SB 1215 will be amended to expand the State's existing E- Appropriations Suspense File. 8/1/22 SB 1215 Waste Recycling Program, and AB 2440 will remain a bill to require a producer Amended in Assembly and re-referred to the responsibility program from battery suppliers. Appropriations Committee. Central San signed on to two coalition letters supporting new amendments. 6/28/22 AB 2440 Passed Senate 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 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 8/23/22 Passed - To Governor for signature. Orinda) Public Health and commercial quantities of waste to remove, or pay for the removal of, the waste matter County Board of 8/17/22 Hearing date on Senate Floor. 6/28/22 Safety: Dumping that was illegally dumped. The bill would authorize the court to order the surrender of a Supervisor Burgis: Read second time in Senate, to third reading. professional or business license that is related to the illegal dumping activity for which Sponsor, CASA 6/14/22 Passed Senate Public Safety Committee the person has been convicted, as a condition of probation. Amendments - reduced Support 5-0. 5/16/22 Passed Assembly 69-0. 5/11/22 fines for violations, and removed the requirements by court to pay for cleanup, and Passed Assembly Appropriations Committee. instead made it an option. 4/26/22 Passed out of Assembly Business and Professions Committee 17-0. 4/8/22 Central San letter of support sent. 4/5/22 Passed out of Assembly Public Safety Committee 7-0. 2/16/22 Central San 2022 Priority Legislative Tracking Sheet as of 8/31 /22 Green Shading - bill enacted, Gray Shading - bill is dead, White Shading - bill in progress Industry Position Date of Federal/ Organization(s) Board Author Legislation Also Known As Summary Recommended Board Notes State Priority Decision List/Position by Staff Direction 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 8/30/22 Passed Assembly concurrence -to Francisco) and textile articles: or offering for sale in the state any textile articles that contain regulated PFAS, and Water Action, Governor for signature. 8/17/22 Hearing date on Garcia (D-Bell perfluoroalkyl and requires a manufacturer to use the least toxic alternative when replacing regulated CASA Support Senate Floor. 6/29/22 Passed in Senate Gardens) polyfluoroalkyl PFAS in textile articles to comply with these provisions. Amendments: this doesn't Environmental Quality Committee 5-1. 5/23/22 substances apply to outdoor apparel for severe wet conditions until 1/1/28. Textile definition does Passed Assembly 52-2. 3/28/22 In Assembly. (PFAS) not inlcude single-use paper hygiene products (toilet paper, paper towels or tissues, or Read second time. To third reading. 2/7/22 single-use absorbent hygiene products. Removed stipulation - The presence of PFAS in Introduced. 2/24/22 CASA staff will recommend a product or product component at or above the following thresholds, as measured in support to legislative committee. total organic fluorine commencing 1/1/29, 10 parts per million. 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 8/30/22 Enrolled -to Governor for signature. Baldwin Park) local agencies: without complying with specified teleconferencing requirements in specified 8/9/22 Second reading to third re-reading. 8/8/22 teleconferences circumstances when a declared state of emergency is in effect, or in other situations Amended during third reading. 6/28/22 Passed related to public health. This bill would authorize a local agency to use teleconferencing out of Senate Judiciary Committee 8-0, expect to without complying with those specified teleconferencing requirements if at least a be hear on Senate floor in August. 6/23/22 quorum of the members of the legislative body participates in person from a singular Updated coalition letter sent to Judiciary location identified on the agenda that is open to the public and situated within the local Committee. 6/22/22 Pass out of Senate agency's jurisdiction. The bill would impose prescribed requirements for this exception Governance and Finance Committee 5-0. 5/26/22 relating to notice, agendas, the means and manner of access, and procedures for Passed Assembly on to Senate. 5/23/22 In disruptions. The bill would require the legislative body to implement a procedure for Assembly for third reading. 5/4/22 Passed receiving and swiftly resolving requests for reasonable accommodation for individuals Assembly Local Government Committee 7-1. with disabilities, consistent with federal law. Amendments 6/27/22 For a Board member 4/8/22 Central San signs on to coalition letter. If to meet remotely must have just cause or medical emergency. Just cause has you have a quorum in person then you wouldn't limitations and will only allow two meetings in a year for reasons such as agency have to post agendas to remote meeting sites. conference travel. The emergency medical justification will allow the use of up to 20% of However, you would have to provide audio/video meetings in a year. 5/23/22 limit +elenenferenninn +e throe nensenuLive menthe if the at those additional meeting sites. 3/3/22 Referred fell9WiRg nen`Ji+ions are me+: 1. All votes must be by rollcall, 2. Meetings must be to the Assembly Local Government Committee. conducted to protect the statutory + constitutional rights of the public, 3. Must post notice of meetings, 4. Public must have access to the meeting, and 5. Board member must state the reason for needing to teleconference. 8/30/22 Amendments: extends provisions until 1/1/26. The Board Member must make a separate request for each meeting in which they seek to participate remotely. Central San 2022 Priority Legislative Tracking Sheet as of 8/31 /22 Green Shading - bill enacted, Gray Shading - bill is dead, White Shading - bill in progress Industry Position Date of Federal/ Organization(s) Board Author Legislation Also Known As Summary Recommended Board Notes State Priority Decision List/Position by Staff Direction 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 8/29/22 To Governor for signature. 8/17/22 County) government: open to be conducted openly and publicly, with specified exceptions. Current law makes Sponsor, CASA, Hearing date on Senate Floor. 8/8/22 In Senate meetings agendas of public meetings and other writings distributed to the members of the CSDA: Support read second time, to third reading. 8/1/22 Read governing board disclosable public records, with certain exceptions. Current law second time in Senate, amended, to third reading. requires a local agency to make those writings distributed to the members of the 6/29/22 Passed out of Senate Governance and governing board available for public inspection at a public office or location that the Finance Committee. 5/12/22 Passed Assembly 62 agency designates. This bill would instead require a local agency to make those writings 0. 4/19/22 Amended and referred to committee. distributed to the members of the governing board available for public inspection at a *Minor amendments - not substantive. 3/10/22 public office or location that the agency designates or post the writings on the local Referred to the Local Government and Judiciary agency's internet website in a position and manner that makes it clear that the writing Committee. 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 8/17/22 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 Watch, WatG 41'22, 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 8/31 /22 Green Shading - bill enacted, Gray Shading - bill is dead, White Shading - bill in progress Industry Position Date of Federal/ Organization(s) Board Author Legislation Also Known As Summary Recommended Board Notes State Priority Decision List/Position by Staff Direction 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 8/30/22 Enrolled -to Governor for signature. Madera) Act of 1974: the same way and covering the same reporting categories (i.e., campaign statements or 8/11/22 Passed Senate Appropriations, read campaign related documents) that statewide elected officials are currently required to do. This second time on Senate Floor, to third reading. statements. requirement would be in addition to their requirement to file these reports with their local 8/1/22 Read in Senate and re-referred to Senate filing officer. Amendments: This bill now only applies to candidates that receive $15,000 Appropriations Committee. 6/21/22 Passed in or more in campaign contributions. Senate Elections and Constitutional Amendments Committee 5-0. 5/23/22 Passed Assembly 72-0. 4/27/22 Amended and passed from Assembly 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. 8/16/22 Orinda) contributions: local agency officers would be prohibited from receiving contributions above a certain In Assembly, read second time, to third reading. agency officers. amount before/after participating in a decision related to "a proceeding involving a 8/1/22 Hearing date in Assembly Appropriations. license, permit, or other entitlement for use pending before the agency." "License, 6/29/22 Passed in the Assembly Elections permit, or other entitlement for use" means all business, professional, trade, and land Committee 5-0. 5/25/22 Passed Senate 34-0. use licenses and permits and all other entitlements for use, including all entitlements for 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 8/27/22 Enrolled - to Governor for signature products: safety manufacturing, selling, delivering, holding, or offering for sale in commerce any cosmetic NSAC, Breast 8/17/22 In Senate, hearing date for third reading. product that contains intentionally added perfluoroalkyl and polyfluoroalkyl substances Cancer 8/1/22 Read second time in Senate - to third PFAS. AMENDMENTS: Change the implementation date to 2025 from 2023, and Awareness: reading. 6/29/22 Author/sponsor testified at include "intentionally added PFAS" language in line with other PFAS-related bills. Support Senate Health Committee that PFAS connects with breast cancer and already polluted more than 16 million Californians drinking water. 6/22/22 Re- referred to Senate Health Committee. Item 13. 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Miramar Avenue . Claremont, California 91711-2052 Telephone (909) 621-5568 • Fax (909) 625-5470 e http://www.threevalleys.com August 29, 2022 Governor Gavin Newsom 1021 O Street, Suite 9000 Sacramento, CA 95814 RE: Assembly Bill 2449 (Rubio) — Request for Signature Dear Governor Newsom: On behalf of the public agencies and business organizations noted below, we humbly request your signature on Assembly Bill 2449 (Rubio), related to enhancing public access through teleconferencing in a public meeting setting. In response to the COVID-19 pandemic, you 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, 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. It also places reasonable limits on the number of times individual governing body members utilize teleconferencing each year, maintaining regular accessibility by their constituents. For these reasons, we urge you to sign Assembly Bill 2449 into law when the bill crosses your desk. If you have questions, you may contact Matthew Litchfield from Three Valleys Municipal Water District at 909-621-5568 or via email at.mlitchfield(a-),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 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 Marcus Detwiler Nina Jazmadarian Associate Legislative Representative General Manager California Special Districts Association 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 Donald Dear Joe Mouawad, P.E. Acting 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 Matt Stone John Bosler General Manager General Manager/CEO Santa Clarita Valley Water Agency Cucamonga Valley Water District cc: 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 Item 13. (Handout - 3) California Special =` Districts Association IN 91510 Districts Stronger Tooether What to Know About Brown Act Legislation Reaching the Finish Line In response to challenges experienced and lessons learned throughout the COVID-19 pandemic,three bills amending the Brown Act and supported by CSDA have passed the State Legislature. Governor Gavin Newsom signed Senate Bill 1100 (Cortese) last week and Assembly Bill 2647 (Levine) and Assembly Bill 2449 (Rubio) now await his consideration.AB 2449 (Rubio), related to remote meetings, is arguably the most significant Brown Act legislation to clear the Legislature since CSDA-sponsored Assembly Bill 361 (R. Rivas) was signed into law last year. Assembly Bill 2449 (Rubio) establishes a new avenue for a minority of a local agency's board to meet remotely without noticing or providing public access to their remote meeting location under modified Brown Act requirements provided that the agency abides by the strict substantive and procedural requirements within the legislation. Local agencies may avail themselves of the alternative agenda posting and teleconference requirements, potentially making it easier for local agency board members to participate in a meeting remotely under certain circumstances that would've otherwise precluded that participation. AB 2449 passed the State Senate last week on a 36-3-1 vote, proceeding next to the Assembly floor,whereupon the measure passed with a 67-2-11 vote. Having reached the engrossing and enrolling stage,the bill now awaits action by Governor Newsom. If signed,the bill would take effect at the start of 2023. The bill contains multiple sunset dates,though perhaps the most relevant is the January 1, 2026 sunset, after which time all the provisions added by AB 2449 lapse and become unavailable to local agencies. The freedoms granted by AB 2449 may be familiar to those accustomed to holding meetings under the framework established by Assembly Bill 361 (R. Rivas,20211.AB 361 remains in effect through 2023 and can still be used by local agencies during any state-declared emergency. If signed into law, the provisions of AB 2449 would provide an entirely separate and distinct method of conducting remote meetings from that provided by AB 361. Therefore, local agencies would have the option to conduct remote meetings under the provisions of AB 2449,AB 361, or traditional Brown Act teleconference requirements. Local agencies may also choose to conduct public meetings entirely in-person under the Brown Act. What is different about AB 2449 remote meetings? Under the provisions of AB 2449, agencies would not be obligated to post agendas at all teleconference locations,would not be obligated to identify all teleconference locations in the meeting agendas, and would not be obligated to make each teleconference location open to the public. However, for an agency to proceed under the procedures established by AB 2449, it must observe the requirement that at least a quorum of the members of the legislative body participates in-person from a singular, physical location clearly identified on the agenda, open to the public, and situated within the boundaries of the territory over which the local agency exercises jurisdiction. This stands in notable contrast to the provisions of AB 361,which contains no such requirement. Under AB 2449, it would not be permissible to have the entirety of the board participate remotely pursuant to the bill's provisions.Another departure from the AB 361 rules includes the fact that remote participation under AB 2449 must be done for specified reasons— either because of a "just cause" or as a result of"emergency circumstances." The two cases have different requirements that must be observed and have their own unique restrictions. The agency must also be prepared to host a robust remote meeting— under the terms of AB 2449, an agency must provide at least one of the following so that the public may remotely observe the meeting and provide comments: • A two-way audiovisual platform (defined to mean an online platform that provides participants with the ability to participate in a meeting via both an interactive video conference and a two-way telephonic function); and/or • A two-way telephonic service and a live webcasting of the meeting (defined to mean a telephone service that does not require internet access, is not provided as part of a two-way audiovisual platform, and allows participants to dial a telephone number to listen and verbally participate) Under what conditions may board members use AB 2449? Board agency members are also individually tasked with observing certain requirements before they can make use of AB 2449's terms. It is incumbent upon the individual board members themselves to follow certain requirements laid out in the bill;save for some overlapping obligations,the requirements differ based on whether the member's remote participation is arising out of a "just cause" or"emergency circumstances," as shown below: "Just Cause" "Emergency Circumstances" u The member notifies the legislative body at u The member requests the legislative body the earliest opportunity possible (including at to allow them to participate in the meeting the start of a regular meeting) of their need to remotely due to "emergency participate remotely for"just cause," circumstances" and the legislative body including a general description (typically not takes action to approve the request. The exceeding 20 words) of the circumstances member shall make this request to participate relating to their need to appear remotely at remotely at a meeting as soon as possible. the given meeting. The legislative body shall request a general description(typically not exceeding 20 words) of the circumstances relating to their Remote participation for"just cause"reasons need to appear remotely at the given meeting. shall not be utilized by any member of the u The member shall make a separate request legislative body for more than two meetings for each meeting in which they seek to per calendar year. participate remotely. "Just cause"means any of the following: The general description of the circumstances does not require the member to disclose any medical diagnosis or disability, or any • A childcare or caregiving need of a personal medical information that is already child,parent, grandparent, grandchild, exempt under existing law, such as the sibling, spouse, or domestic partner that Confidentiality of Medical Information Act. requires them to participate remotely A contagious illness that prevents a member from attending in person The legislative body may take action on a request to participate remotely at the earliest • A need related to a physical or mental opportunity. If the request does not allow disability(as defined [1][2]) not otherwise sufficient time to place proposed action on accommodated such a request on the posted agenda for the Travel while on official business of the meeting for which the request is made, the legislative body or another state or local legislative body may take action at the agency beginning of the meeting in accordance with existing law. "Emergency circumstances"means a physical or family medical emergency that prevents a member from attending in person. u The member shall publicly disclose at the meeting,before any action is taken, whether any other individuals 18 years of age or older are present in the room at the remote location with the member, and the general nature of the member's relationship with any such individual(s). u The member shall participate through both audio and visual technology. Under neither case ("just cause"/"emergency circumstances") do AB 2449's provisions permit any member of a legislative body to participate in meetings of the legislative body solely by teleconference from a remote location for a period of more than three consecutive months or 20 percent of the regular meetings for the local agency within a calendar year, or more than two meetings if the legislative body regularly meets fewer than 10 times per calendar year Based on the requirements that both the agency and agency board member must observe, it would be imperative that there is ample coordination taking place in advance of a meeting in order to abide by the terms of AB 2449. While some of the provisions are related to circumstances that are, by nature, difficult or impossible to anticipate, agencies can still prepare in advance for the requirements by ensuring that they operate a remote meeting system that meets all the procedural and substantive requirements of AB 2449, while also developing a means for agency board members to submit their remote meeting requests and preparing the associated recordkeeping related to tracking board member reliance on AB 2449's provisions.Agencies would also be well-served to ensure board members are familiar with the requirements within AB 2449, particularly the requirement that the board member must participate through both audio and visual technology. Item 13. (Handout - 4) NAC W/\ THE VOICE FORA CLEAN WATER F. Aug 30, 2022 NACWA Legislative Perspective — A Busy Congress Enters the Home Stretch The 117th Congress managed to compile a significant legislative record over the course of this year, despite the legislature's deep political and ideological divisions. Congress ended a busy work period after passing the Inflation Reduction Act (IRA) earlier this month — likely one of its final large legislative actions before the midterm elections. With the midterm elections around the corner, both sides of the aisle will return to Washington after Labor Day focused on shaping public perceptions around recent Congressional actions and planning their next steps after November. Passage of the IRA built upon the passage of the Infrastructure Investment and Jobs Act (also known as the Bipartisan Infrastructure Law, or BIL) in late 2021 as significant legislative action for the 117th Congress. These bills will likely be among the top legacies left behind by lawmakers. The roughly $1.2 trillion BIL law contains an estimated $550 billion in new spending above baseline levels across many sectors. The breadth of BIL was vast and covered every sector of infrastructure including water, transportation, energy, and broadband. BIL invested approximately $55 billion of new appropriations into water, wastewater, and related resiliency through Fiscal Year (FY) 2026 and represents the largest federal investment for water since the 1970s. While passage of BIL was indeed historic, the action represents merely the beginning of a critical road ahead related to BIL implementation. Much of this work will occur at federal agencies like the US Environmental Protection Agency (EPA) and the Department of Energy (DOE). Dollars from some programs, such as direct federal grant programs, have started to flow out in recent months. Other funds — like the majority of water funding coming through the State Revolving Fund programs — will likely not reach states until this fall. From BIL's passage in late 2021 to today, NACWA has advocated closely with EPA staff responsible for disbursement of the funds to inform program implementation, elevate concerns raised by NACWA members and help ensure our members can best access BIL funding. This past spring also brought movement on more focused wastewater issues, including bipartisan introduction of the Wastewater Infrastructure Pollution Prevention and Environmental Safety (WIPPES) Act. The WIPPES Act addresses the pervasive but ultimately preventable problem of the lack of clear labeling of non-flushable wet wipes. NACWA continues to work with a dedicated coalition, which importantly includes the manufacturing industry and water sector partners, to advocate for advancement of the WIPPES Act. It remains to be seen if the WIPPES Act will receive Congressional consideration before the end of the year. However, NACWA's advocacy efforts will easily transfer to the 1181h Congress that begins in January if needed. The August recess period of the past few weeks has been relatively quiet in Congress. Members of Congress up for reelection are in their home districts campaigning. When Congress returns in September, it advances toward the so called "lame duck" November- December session after the elections which will be heavily influenced by which party prevails in the November elections. Looking ahead, Congress will also focus on legislative planning around the Farm Bill. Congressional discussions on the next Farm Bill began earlier this year and will continue into 2023. The current Farm Bill expires on Sept. 30, 2023. NACWA's legislative team is planning on increasing advocacy for Farm Bill provisions that affirm the value of clean water sector collaboration with farmers to advance efficient and cost-effective clean water practices. NACWA's Farm Bill policy priorities will also include measures to support nation's efforts to address ubiquitous nutrient management challenges. With all 435 seats in the House of Representatives and 1/3 of the U.S. Senate seats up for grabs this fall, the midterm elections will determine which party controls Congress and sets the legislative agenda going forward. In the meantime, NACWA's regulatory and legislative staff will remain keenly focused on supporting agency efforts to implement the historic laws Congress worked to pass this year.