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HomeMy WebLinkAbout14. Receive final 2022 California State Legislative Session Report Page 1 of 20 Item 14. CENTRALSAN jdf A- hom CENTRAL CONTRA COSTA SANITARY DISTRICT October 20, 2022 TO: HONORABLE BOARD OF DIRECTORS FROM: EMILYBARNETT, COMMUNICATIONS AND GOVERNMENT RELATIONS MANAGER REVIEWED BY: PHILIP LEIBER, DIRECTOR OF FINANCE AND ADMINISTRATION KENTON L. ALM, DISTRICT COUNSEL ROGER S. BAILEY, GENERAL MANAGER SUBJECT: RECEIVE FINAL 2022 CALIFORNIA STATE LEGISLATIVE SESSION REPORT 2022 State Legislative Year in Review August 31, 2022, marked the end of the second year of a two-year session for the 2021-2022 California State legislative session. By September 30, 2022, the Governor had three choices, to sign, veto, or allow the bills passed by the legislature to become law without his signature. Any bills not signed or vetoed by the Governor are enacted automatically and will take effect on January 1, 2023. Attached is the 2022 Priority Legislation Tracking sheet updated as of October 3, 2022. Although the calendar has not been officially published, the 2023 State legislative session is set to begin January 2, 2023, with the last day to introduce bills in likely late-February 2023. The late February to early March 2023 timeframe is when the legislative session begins to heat up as bills are introduced and preliminary reviews have begun. The 2022 State legislative session saw a surprising nearly 20% increase in the number of introduced bills compared to the 2020 second-year session. While most bills are typically introduced the first year of a two-year legislative session, this was not true for the 2021-2022 session. This was due to the lack of bills that were able to make it through the legislative process during the pandemic. COVI D-19 restrictions carried on for three legislative sessions at the Capitol and it impacted the number of bills that could be heard in committees. A total of the last 10 years of bill introductions are: • Total 2022 bill introductions: 2,862 • Total 2021 bill introductions: 2,776 • Total 2020 bill introductions: 2,390 • Total 2019 bill introductions: 3,033 • Total 2018 bill introductions: 2,200 (nearly) • Total 2017 bill introductions: 2,495 October 20, 2022 Regular Board Meeting Agenda Packet- Page 90 of 143 Page 2 of 20 • Total 2016 bill introductions: 1,993 • Total 2015 bill introductions: 2,297 • Total 2014 bill introductions: 1,930 • Total 2013 bill introductions: 2,256 The 2022 legislative session mirrored the 2021 and 2020 sessions that imposed changes on how bills could be heard and the public comment process for proposed legislation. Although the 2022 session was more streamlined, teleconferenced public comment slowed down how many bills could be heard in committees. I n 2020, Legislators had missed out on introducing legislation on topics other than those COVI D-19 related. The 2021 session allowed for all legislative topics to be considered however, with Committee Chairs limiting the number of bills heard, and the State experiencing an over$100 billion surplus. This set the stage for a record number of bills submitted and/or carried over in the 2022 session. Final late night stop-the-clock floor sessions occurred, which are now the norm for the Legislator. I n all, 1179 were passed in 2022, on topics ranging from extending COVI D-19 paid relief, climate related bills, PFAS, clean energy and many more. Central San's 2022 Priority Legislation Central San's Board of Directors (Board)took positions on 17 priority pieces of state legislation, which is in line with other agencies. Of those: • Eight Board-supported bills were enacted • One Board-opposed bill did not move forward • Four either changed language to neutralize concern or stayed at a Watch status • Three Board-supported bills died • One Board-supported bill was vetoed This year's major legislative victories include the passage of two PFAS bills. AB 1817 (Ting), which beginning in 2025, would prohibit new PFAS-containing textiles from being sold in the State, and AB 2771 (Friedman)which would prohibit sale of PFAS contain cosmetics beginning in 2025. Unfortunately, the Governor vetoed CASA's sponsored bill that would require all PFAS-containing products sold in the State be disclosed to a State-run database. Success of a different kind was the amendments on bills that would change the District's ability to collect capacity fees AB 2436 (Grayson), and require expedited marking of non-pressurized sewer lines SB 1345 (Ochoa Bogh) or add significant and costly requirements to our Board meetings AB 1944 (Lee). 2022 Legislative Takeaways For the 2022 State legislative session, the biggest takeaway is the positive step forward towards return to normal. The State is still in a positive economic position with a $29 billion dollar budget surplus resulting from higher revenue and estimates that were projected. Additionally, most of the State's legislative agendas aligned well with the Central San including: climate change, circular economy, pollution prevention, and regulating PFAS-containing products in California. Looking Forward The upcoming 2023 legislative session might start similarly to how the 2022 session ended. Over the next couple months, it will be determined if the legislature will continue to limit access to the Capitol and work to navigate committee hearings via teleconferenced input. Additionally, similar topics will continue to be at the forefront of discussion including wildfires, drought, and climate change. Since 2019, staff has applied and been annually reappointed to the highly-competitive California Special Districts Association's (CS DA) Legislative Committee, and has requested to do so for the 2023 Legislative year. This is in addition to continued participation with other member organizations' legislative October 20, 2022 Regular Board Meeting Agenda Packet- Page 91 of 143 Page 3 of 20 committees, including: CASA, WateReuse, Western Recycled Water Coalition, the California Product Stewardship Council, and others. Staff also continues to lead regional efforts on legislation with local sister agency peers in order to develop uniform messaging to local legislative staff. Staff will continue to bring timely and pertinent information to the Board to ensure Board Members have the necessary details to make informed and critical legislative decisions. Strategic Plan re-In GOAL ONE: Customer and Community Strategy 1—Deliver high-quality customer service, Strategy 2- Promote initiatives to advance affordable and equitable access to services, Strategy 3- Build neighborhood and industry relations GOAL SEVEN: Innovation and Agility Strategy 3- Be adaptable, resilient, and responsive ATTACHMENTS: 1. Final 2022 Priority Legislation Tracking Sheet 2. Letter requesting the Governor's signature on PFAS bill AB 2247 3. Governor's Veto Message on AB 2247 4. CA Product Stewardship Council Press Release on Success of Battery Recycling Bill 5. CSDA article on Brown Act Legislation AB 2247 6. CSDA article on Governor signing AB 2449 Brown Act Legislation October 20, 2022 Regular Board Meeting Agenda Packet- Page 92 of 143 Final Central San 2022 Prioarityf legislative Tracking Sheet for 10/20/22 Attachment 1 Green Shading- bill enacted, Gray Shading - bill is dead, White Shading- bill in progress, Red Shading - bill was vetoed 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 9/29/22 Vetoed by Governor. 8/30/22 Assembly Monica), polyfluoroalkyl Interstate Chemicals Clearinghouse to establish, by January 1, 2024, a publicly Association of concurred -to enrollment. 8/29/22 Passed Senate Principal substances accessible reporting platform to collect information about PFAS and products or product Sanitation with 24-12 vote. 8/17/22 Hearing on Senate Floor. coauthor: (PFAS) products: components containing regulated PFAS, as defined, being sold, distributed, or offered Agencies (CASA) & 8/12/22 Passed out of Senate Appropriations- Senator Allen disclosure: for promotional purposes in, or imported into, the state. The PFAS containing product Clean Water Sent to a Floor vote. 8/1/22 To suspense file in publicly must be registered and reported to the platform by March 1, 2024, and updated annually. Action, WateReuse Senate Appropriations Committee. 6/22/22 accessible The bill also authorizes enforcement agencies to request a certificate of compliance, California: Support Passed out of Senate Environmental Quality reporting platform subject to the bill's requirements, from the manufacturer within 30 days. Manufacturers Committee 5-2. 5/26/22 Passed in Assembly. who violate this requirement would be subject to civil penalties not to exceed $2,500 per 5/23/22 Passed second Assembly reading. day up to $100,000 maximum for each violation. Amendments 4/20: "Manufacturer" 5/19/22 Passed with amendments from Assembly does not include a state agency, as defined in Section 46025, or a local agency, as Appropriations 12-4. 4/26/22 Passed out of defined in subdivision (c)of Section 66000 of the Government Code. Amendments 5/19: Assembly Environmental Safety and Toxic Pushes back implementation one year to July 1, 2025, and changed required reporting to Materials Committee and referred to Assembly "intentionally added" PFAS. Amendments 8/29 change implementation to 1/1/26. Appropriations Committee. 4/20/22 Author's amendments presented in Assembly Environmental Safety and Toxic Materials Committee. 2/16/22 Bill introduced. 2 Federal McClain 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 October 20, 2022 Regular Board Meeting Agenda Packet- Page 93 of 143 Final Central San 2022 Prioaritylegislative Tracking Sheet for 10/20/22 Green Shading- bill enacted, Gray Shading - bill is dead, White Shading- bill in progress, Red Shading - bill was vetoed Industry Position Date of Federal/ Organization(s) Board Author Legislation Also Known As Summary Recommended Board Notes rit State Priority by List/Position by Staff Direction 4 State Newman (D- SB 991 Public contracts: This bill, until January 1, 2033, authorizes local agencies, defined as any city, county, city Sponsored: Water Support Support 3/3/2022 9/2/22 Signed by Governor. 8/16/22 Senate Fullerton) progressive and county, or special district authorized by law to provide for the production, storage, Collaborative concurred with Assembly amendments -to design-build: local supply, treatment, or distribution of any water from any source, to use the progressive Delivery enrollment. 8/3/22 Passed Assembly agencies design-build process for public works projects in excess of$5,000,000, similar to the Association, Appropriations Committee and put on Consent progressive design-build process authorized for use by the Director of General Services. Support: Metro Calendar. 6/20/22 Re-referred to Assembly The bill would require specified information to be verified under penalty of perjury. By Water District of Appropriations Committee. 6/15/22 Passed expanding the crime of perjury, the bill would impose a state-mandated local program. Southern Assembly Local Government Committee 8-0. From the sponsor, this bill provides the following: more precise definitions of Progressive California, CSDA: 6/13/22 Staff working with other agencies and Design Build and Qualifications Based Selection. The language provides limited Support member organizations seeking amendments that application to projects over$5M. The bill includes additional language to allow sharing of would reinforce the guaranteed maximum price costs below Guarantee Maximum Price to be shared, based on pre-established stipulations previously provided for in earlier drafts percentages defined in the Request for Qualifications. The bill also limits subcontractor of the proposed legislation. 5/19/22 Moved to listing requirements exceeding one-half of 1% allocable to projects with a contract value Assembly Local Government Committee. 5/9/22 greater than or equal to$10M. Amendments 3/22/22: Changes the proposed repeal Passed out of Senate 33-0. *This bill is moving date from January 1, 2033 to January 1, 2029. Added detailed reporting requirements to quickly. 4/19/22 Second reading in Senate. To State for all design-build contracts. third reading. 3/31/22 Passed out of Appropriations 5-0. 2/14/22 Introduced. 1/13/22 Board supported in-concept proposed legislation. 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 Watt 3i3i2922, 7/19/22 Signed by Governor. 6/23/22 Added to Concord) Connection and for water connections or sewer connections, or imposes capacity charges, as provided, Oppose, ACWA: Neutral Neutral 5/26/22 Senate consent calendar. 5/25/22 To Senate Capacity Fees and that conducts a study to support the estimate of the reasonable cost of providing the QPPGse "^'e&s Governance and Finance Committee. 5/16/22 service to follow certain standards and practices, as defined and specified. AmeRd, Neutral Passed Assembly 70-0. 5/4/22 Passed from Assembly Local Government Committee 8-0. 4/26/22 Amended in Assembly Local Government Committee. *Minor amendments- not substantive. Hearing date set for 5/4/22. 2/17/22 Introduced. Staff in review process. Bill is replica of failed 2022 legislation AB 602. 3/3/22 Board received fact sheet as part of packet. October 20, 2022 Regular Board Meeting Agenda Packet- Page 94 of 143 Final Central San 2022 Prioaritylegislative Tracking Sheet for 10/20/22 Green Shading- bill enacted, Gray Shading - bill is dead, White Shading- bill in progress, Red Shading - bill was vetoed Industry Position Date of Federal/ Organization(s) Board Author Legislation Also Known As Summary Recommended Board Notes rit State Priority by List/Position by Staff Direction 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 9/16/22 AB 2440 and SB 1215 Signed by Fullerton)/ Irwin 2440 Battery- battery in a container or receptacle that is intended for the collection of solid waste or Stewardship Governor. 8/30/22 SB 1215 Senate concurred (D-Thousand Embedded recyclable materials, unless the container or receptacle is designated for the collection of Council (CPSC): with Assembly amendments. To enrollment. Oaks) Product Recycling batteries for recycling, as provided. This bill also requires producers of batteries, battery Sponsor 8/29/22 AB 2440 passed Senate-to Assembly for and Fire Risk packs, and battery-embedded products offered for sale or sold in this state to develop, concurrence. 8/17/22 SB 1215 Assembly floor Reduction Act of finance, and implement a convenient and cost-effective stewardship program/collection hearing date/AB 2440 Senate floor hearing date. 2022 program to recover and recycle batteries, battery packs, and battery-embedded products. 8/16/22 SB 1215 Assembly second reading, to AMENDMENTS: Due to negotiations with the opposition, bills will be split in two. SB third reading. 8/15/22 AB 2440 Read second time - 1215 will be amended to expand the State's existing E-Waste Recycling Program, and to third reading. 8/1/22 AB 2440 To Senate AB 2440 will remain a bill to require a producer responsibility program from battery Appropriations Suspense File. 8/1/22 SB 1215 suppliers. Amended in Assembly and re-referred to the 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 9/29/22 Signed by Governor. 8/23/22 Passed - Orinda) Public Health and commercial quantities of waste to remove, or pay for the removal of, the waste matter County Board of To Governor for signature. 8/17/22 Hearing date Safety: Dumping that was illegally dumped. The bill would authorize the court to order the surrender of a Supervisor Burgis: on Senate Floor. 6/28/22 Read second time in professional or business license that is related to the illegal dumping activity for which Sponsor, CASA Senate, to third reading. 6/14/22 Passed Senate the person has been convicted, as a condition of probation. Amendments - reduced Support Public Safety Committee 5-0. 5/16/22 Passed fines for violations, and removed the requirements by court to pay for cleanup, and Assembly 69-0. 5/11/22 Passed Assembly instead made it an option. Appropriations Committee. 4/26/22 Passed out of Assembly Business and Professions Committee 17-0. 4/8/22 Central San letter of support sent. 4/5/22 Passed out of Assembly Public Safety Committee 7-0. 2/16/22 Introduced. 8 State Ting (D-San AB 1817 Product safety: This bill would prohibit, beginning January 1, 2024, any person from distributing, selling, Sponsor: Clean Support Support 3/3/2022 9/29/22 Signed by Governor. 8/30/22 Passed Francisco) and textile articles: or offering for sale in the state any textile articles that contain regulated PFAS, and Water Action, Assembly concurrence-to Governor for signature. Garcia (D-Bell perfluoroalkyl and requires a manufacturer to use the least toxic alternative when replacing regulated PFAS CASA Support 8/17/22 Hearing date on Senate Floor. 6/29/22 Gardens) polyfluoroalkyl in textile articles to comply with these provisions. Amendments: this doesn't apply to Passed in Senate Environmental Quality substances outdoor apparel for severe wet conditions until 1/1/28. Textile definition does not inlcude Committee 5-1. 5/23/22 Passed Assembly 52-2. (PFAS) single-use paper hygiene products (toilet paper, paper towels or tissues, or single-use 3/28/22 In Assembly. Read second time. To third absorbent hygiene products. Removed stipulation -The presence of PFAS in a product reading. 2/7/22 Introduced. 2/24/22 CASA staff will or product component at or above the following thresholds, as measured in total organic recommend support to legislative committee. fluorine commencing 1/1/29, 10 parts per million. October 20, 2022 Regular Board Meeting Agenda Packet- Page 95 of 143 Final Central San 2022 Prioaritylegislative Tracking Sheet for 10/20/22 Green Shading- bill enacted, Gray Shading - bill is dead, White Shading- bill in progress, Red Shading - bill was vetoed Industry Position Date of Federal/ Organization(s) Board Author Legislation Also Known As Summary Recommended Board Notes rit State Priority by List/Position by Staff Direction 9 State Rivas (D- AB 2864 Local Government 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) Renewable Renewable Energy Self-Generation Bill Credit Transfer program (RES-BCT). RES-BCT It held in Assembly Appropriations-did not make Energy Self- allows a public agency with one or more eligible renewable generating facilities to export deadline to pass fiscal committees. 4/25/22 Generation energy to the grid and receive generation credits to apply to up to 50 benefitting power Referred to Assembly Appropriations Committee. Program accounts, owned by the public agency, within the same county. The bill would extend the 4/20/22 Passed out of Assembly Utilities and nearly exhausted program and continue to ensure that all local governments, tribal Energy Committee. 15-0. 2/18/22 Introduced. 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 and washing machines to contain a microfiber filtration system. California contain a microfiber Toxic Materials Committee and referred to filtration system. Amendments - bill now only applies to state owned washing machines. Assembly Appropriations Committee. 4/22/22 Amended in Committee and Assembly Floor. 2/3/22 Referred to the Environmental Safety and Toxic Materials Committee. 11 State Rubio (D- AB 2449 Open meetings: Current law, until January 1, 2024, authorizes a local agency to use teleconferencing CASA Support Support Support 4/7/2022 9/13/22 Signed by the Governor. 8/30/22 Baldwin Park) local agencies: without complying with specified teleconferencing requirements in specified Enrolled -to Governor for signature. 8/9/22 teleconferences circumstances when a declared state of emergency is in effect, or in other situations Second reading to third re-reading. 8/8/22 related to public health. This bill would authorize a local agency to use teleconferencing Amended during third reading. 6/28/22 Passed out without complying with those specified teleconferencing requirements if at least a quorum of Senate Judiciary Committee 8-0, expect to be of the members of the legislative body participates in person from a singular location hear on Senate floor in August. 6/23/22 Updated identified on the agenda that is open to the public and situated within the local agency's coalition letter sent to Judiciary Committee. jurisdiction. The bill would impose prescribed requirements for this exception relating to 6/22/22 Pass out of Senate Governance and notice, agendas, the means and manner of access, and procedures for disruptions. The Finance Committee 5-0. 5/26/22 Passed bill would require the legislative body to implement a procedure for receiving and swiftly Assembly on to Senate. 5/23/22 In Assembly for resolving requests for reasonable accommodation for individuals with disabilities, third reading. 5/4/22 Passed Assembly Local consistent with federal law. Amendments 6/27/22 For a Board member to meet remotely Government Committee 7-1. 4/8/22 Central San must have just cause or medical emergency. Just cause has limitations and will only signs on to coalition letter. If you have a quorum in allow two meetings in a year for reasons such as agency conference travel. The person then you wouldn't have to post agendas to emergency medical justification will allow the use of up to 20% of meetings in a year. remote meeting sites. However, you would have to 5/23/22 limit teleGGnferenGing te three GenseGUtffiVe menths Of the fellewing Genditions are provide audio/video at those additional meeting met: 1. All votes must be by rollcall, 2. Meetings must be conducted to protect the sites. 3/3/22 Referred to the Assembly Local statutory+ constitutional rights of the public, 3. Must post notice of meetings, 4. Public Government Committee. 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. October 20, 2022 Regular Board Meeting Agenda Packet- Page 96 of 143 Final Central San 2022 Prioaritylegislative Tracking Sheet for 10/20/22 Green Shading- bill enacted, Gray Shading - bill is dead, White Shading- bill in progress, Red Shading - bill was vetoed Industry Position Date of Federal/ Organization(s) Board Author Legislation Also Known As Summary Recommended Board Notes rit State Priority by 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 9/30/22 Signed by the Governor. 8/29/22 To County) government: open to be conducted openly and publicly, with specified exceptions. Current law makes Sponsor, CASA, Governor for signature. 8/17/22 Hearing date on meetings agendas of public meetings and other writings distributed to the members of the CSDA: Support Senate Floor. 8/8/22 In Senate read second time, governing board disclosable public records, with certain exceptions. Current law requires to third reading. 8/1/22 Read second time in a local agency to make those writings distributed to the members of the governing board Senate, amended, to third reading. 6/29/22 available for public inspection at a public office or location that the agency designates. Passed out of Senate Governance and Finance This bill would instead require a local agency to make those writings distributed to the Committee. 5/12/22 Passed Assembly 62-0. members of the governing board available for public inspection at a public office or 4/19/22 Amended and referred to committee. location that the agency designates or post the writings on the local agency's internet *Minor amendments - not substantive. 3/10/22 website in a position and manner that makes it clear that the writing relates to an agenda Referred to the Local Government and Judiciary item for an upcoming meeting. Amendments include only minor language and process Committee. 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 and Watch Not heard in Senate Governance and Finance open and public 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 zoom This bill would specify that if a member of a legislative body elects to teleconference from option. 2/18/22 Referred to Assembly Local a location that is not public, the address does not need to be identified in the notice and Government Committee. 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 Watsb, Watcfa, ^�'%2, 6/2/22 This bill is dead for the 2022 Legislative Hayward) products defined as a microplastic used in a mixture as an abrasive to exfoliate, polish, or clean. Seek Clarification Support Support 5/26/22 session. 5/19/22 In Assembly for third reading and This bill would ban specified products containing microplastics, defined as a solid 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 on definition. More may be required. Amendments 5/19/22 Bill now excludes prescription 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. October 20, 2022 Regular Board Meeting Agenda Packet- Page 97 of 143 Final Central San 2022 Prioaritylegislative Tracking Sheet for 10/20/22 Green Shading- bill enacted, Gray Shading - bill is dead, White Shading- bill in progress, Red Shading - bill was vetoed Industry Position Date of Federal/ Organization(s) Board Author Legislation Also Known As Summary Recommended Board Notes rit State Priority by 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 9/23/22 Signed by the Governor. 8/30/22 Madera) Act of 1974: the same way and covering the same reporting categories (i.e., campaign statements or Enrolled -to Governor for signature. 8/11/22 campaign related documents)that statewide elected officials are currently required to do. This Passed Senate Appropriations, read second time statements. requirement would be in addition to their requirement to file these reports with their local on Senate Floor, to third reading. 8/1/22 Read in filing officer. Amendments: This bill now only applies to candidates that receive $15,000 Senate and re-referred to Senate Appropriations or more in campaign contributions. Committee. 6/21/22 Passed in Senate Elections and Constitutional Amendments 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 9/29/22 Signed by the Governor. 8/17/22 Orinda) contributions: local agency officers would be prohibited from receiving contributions above a certain Hearing date for Assembly Floor. 8/16/22 In agency officers. amount before/after participating in a decision related to "a proceeding involving a Assembly, read second time, to third reading. license, permit, or other entitlement for use pending before the agency." "License, permit, 8/1/22 Hearing date in Assembly Appropriations. or other entitlement for use" means all business, professional, trade, and land use 6/29/22 Passed in the Assembly Elections licenses and permits and all other entitlements for use, including all entitlements for land Committee 5-0. 5/25/22 Passed Senate 34-0. use, all contracts (other than competitively bid, labor, or personal employment contracts), 5/19/22 Passed Senate Appropriations 5-0. and all franchises. Agency officer would have an opportunity to cure the violation by 4/18/22 In Suspense file in Senate Appropriations returning the contribution (or the portion of the contribution in excess of two hundred fifty Committee. 3/28/22 Passed out of Senate dollars)within 14 days of accepting, soliciting, or directing the contribution, provided that Elections and Constitutional Amendments the officer committed the offense unknowingly. Committee. 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 9/29/22 Signed by Governor. 8/27/22 Enrolled - products: safety manufacturing, selling, delivering, holding, or offering for sale in commerce any cosmetic NSAC, Breast to Governor for signature. 8/17/22 In Senate, product that contains intentionally added perfluoroalkyl and polyfluoroalkyl substances Cancer Awareness: hearing date for third reading. 8/1/22 Read second PFAS. AMENDMENTS: Change the implementation date to 2025 from 2023, and include Support time in Senate -to third reading. 6/29/22 "intentionally added PFAS" language in line with other PFAS-related bills. Author/sponsor testified at 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. October 20, 2022 Regular Board Meeting Agenda Packet- Page 98 of 143 Page 10 of 20 Attachment 2 CENTRAL SAN CENTRAL CONTRA COSTA ! IMHOFF PLACE, MARTINEZ, CA 94553-4392 September 16, 2022 PHONE: (925)228-9500 FAX: (925)335-7744 www.centralsan.org ROGER S.BAILEY The Honorable Gavin Newsom General Manager Governor of the State of California KENTONL.ALM 1021 O Street, Room 9000 counset(510)3 5-45 1 �slo�37s-4s7I Sacramento, CA 95814 KATIE YOUNG Secretary of the District Subject: AB 2247 (Bloom): Support and Signature Request Dear Governor Newsom: The Central Contra Costa Sanitary District (Central San) respectfully requests your signature on AB 2247 (Bloom), which would require manufacturers of PFAS or products containing intentionally added PFAS to disclose the presence of PFAS in those products on a publicly accessible database. This is important and necessary information that will inform state and local decision-making regarding the management of PFAS in our watersheds and the environment. Central San, a wastewater utility, collects and cleans more than 13 billion gallons of wastewater every year and serves nearly half a million residents and more than 3,000 businesses in the East San Francisco Bay Area. Within its 146 square mile service area, Central San operates a 54 million-gallon-per- day capacity treatment plant, 18 pumping stations, over 1,500 miles of sewer lines, a household hazardous waste collection facility, a laboratory, and provides both commercial and residential recycled water programs. Per- and Polyfluoroalkyl substance (PFAS) have recently become a topic of public concern due to their high mobility and resistance to breaking down naturally in the environment, as well as the persistent detection of PFAS compounds in people's bodies. The State is comprehensively investigating levels of PFAS in our environment, with a particular focus on water and wastewater resources. While significant progress is being made towards identifying pathways of PFAS in our water and sewersheds, additional information is needed for agencies to be able to make efficient management decisions: local water and wastewater agencies need to know what exactly they are looking for to implement effective source reduction policies to limit PFAS inputs into our systems. AB 2247 would allow us to use the PFAS disclosure data required from manufacturers of PFAS or products containing intentionally added PFAS to optimize pollution prevention programs at the local level through our local pre-treatment programs. Furthermore, this information would generate consumer awareness about the chemicals used in everyday products and how they impact the environment. We need data to support practical and cost-effective management solutions, and AB 2247 is an important first step toward this end goal. October 20, 2022 Regular Board Meeting Agenda Packet- Page 99 of 143 Page 11 of 20 The Honorable Governor Gavin Newsom AB 2247 (Bloom) Support September 16, 2022 Page 2 It's important to note that PFAS chemicals are ubiquitous. Without better information about sources of PFAS to support source control, local water management options are limited and costly, leading to affordability concerns for delivering essential public services. In some cases, PFAS can be removed from water and wastewater at the end of the cycle through advanced treatment technology. However, once removed, PFAS residuals are merely displaced and transferred to another waste stream and typically cycle back through the waste management process. The author and sponsors of AB 2247 have been actively engaged with the opposition to address their concerns by exempting medications and medical devices from reporting, removing criminal penalties, and extending the reporting deadline. For these reasons, Central San supports AB 2247 and respectfully requests your signature when it arrives at your desk. Sincerely, Roger S. Bailey General Manager CC: Assembly Member Richard Bloom Jessica Gauger, California Association of Sanitation Agencies October 20, 2022 Regular Board Meeting Agenda Packet- Page 100 of 143 Page 12 of 20 Attachment 3 OFFICE OF THE GOVERNOR SEP 2 9 2022 To the Members of the California State Assembly: I am returning Assembly Bill 2247 without my signature. This bill requires the Department of Toxic Substances Control (DTSC) to contract with a multistate chemical data collection entity to create a publicly accessible reporting platform where manufacturers must annually register products or product components sold or distributed in the state containing perfluoroalkyl and polyfluoroalkyl substances (PFAS). Through the Safer Consumer Products Program, DTSC utilizes technical expertise and best available data to protect consumers and the environment. DTSC also partners closely with U.S. EPA, which is currently undergoing rulemaking to require reporting of PFAS. Based on this activity, this bill may be premature. This bill is estimated to cost millions of dollars that would result in increased Environmental Fee rates or General Fund resources for the new contract, staff support, and state oversight responsibilities. With our state facing lower-than- expected revenues over the first few months of this fiscal year, it is important to remain disciplined when it comes to spending. The Legislature sent measures with potential costs of well over $20 billion in one- time spending commitments and more than $10 billion in ongoing commitments not accounted for in the state budget. Bills with significant fiscal impact, such as GOVERNOR GAVIN NEWSOM • SACRAMENTO,CA 95814 • (916)445-2841 qm- October 20, 2022 Regular Board Meeting Agenda Packet- Page 101 of 143 Page 13 of 20 this measure, should be considered and accounted for as part of the annual budget process. For these reasons, I cannot sign this bill. Since ly, October 20, 2022 Regular Board Meeting Agenda Packet- Page 102 of 143 Page 14 of 20 Attachment 4 (3think oe' C PSC 41* Californians waste California Product Against Waste South Bayside Waste Management Authority Stewardship Council.. A Public Agency FOR IMMEDIATE RELEASE CONTACT: Doug Kobold, Executive Director September 16, 2022 (916) 706-3420 doug@calpsc.org TWO LANDMARK BILLS AIM TO INCREASE BATTERY RECYCLING SIGNED INTO LAW (Sacramento, CA)—Earlier today,two bills were signed by Governor Gavin Newsom to increase battery recycling in California. We applaud the Governor for including the following bills as part of his legislative climate package. "After an eight-year journey, finally Californians will have free and convenient collection locations throughout the state for loose batteries and embedded-battery products," says Doug Kobold, Executive Director of CPSC. "This is a historic achievement. With these bills, Californians will finally have convenient, universal access to battery recycling. This will not only keep them out of the garbage and recycling streams where they pose such a huge hazard,but will also ensure that they get recycled, reducing our need to extract more natural resources for new electronics," says Nick Lapis, Director of Advocacy, Californians Against Waste. "This is a great day for our industry with the Governor signing these bills. SB 1215 and AB 2440 together will protect our workers and infrastructure from the growing number of batteries entering the waste stream every day. This year alone, RethinkWaste has already suffered six fires due to a lithium-ion or suspected lithium-ion battery. I fear every day an improperly disposed of product with am embedded battery or loose battery could result in another catastrophic fire like the one we faced in 2016. We are grateful for Senator Newman and Assemblymember Irwin's leadership on this critical issue,"Joe La Mariana, Executive Director, RethinkWaste. Under the leadership of the California Product Stewardship Council (CPSC), and in partnership with Californians Against Waste and RethinkWaste,both bills set national precedent addressing rising occurrences of fires in the waste and recycling systems. Below is a brief description of the three current bills and their expected implications. AB 2440, Responsible Battery Recycle Act of 2022. Assembly Member Irwin (D-Camarillo) This bill would enact the Responsible Battery Recycling Act of 2022, which would require producers to establish, fund, and operate a stewardship program for the collection and recycling of covered batteries and covered battery-embedded products, as defined. The bill would require a producer or stewardship organization to develop and to submit to state agencies a stewardship plan and would prescribe the standards and elements required in a stewardship plan for covered batteries and in a stewardship plan for covered battery-embedded products. October 20, 2022 Regular Board Meeting Agenda Packet- Page 103 of 143 Page 15 of 20 This bill underscores the idea of Extended Producer Responsibility(EPR). EPR ensures that producers will be responsible for end-of-life costs of products instead of governments and taxpayers. In this case, the disposal of covered and embedded batteries will shift from taxpayer- funded waste management programs to stewardship organizations funded by producers of the products. SB 1215, Electronic Waste Recycling Act of 2003: covered battery-embedded products. Senator Newman (D-Fullerton) This bill would, among other things, expand the definition of"covered electronic device"to include a"covered battery-embedded product,"thereby expanding the scope of the act to include covered battery-embedded products. The bill would require a consumer, on and after January 1, 2026, to pay a covered electronic waste recycling fee amount, determined by CalRecycle,upon the purchase of a new or refurbished covered battery-embedded product. The influx of battery-embedded products into our waste stream has resulted in an alarming number of fires in our material recovery facilities, waste collection trucks, and landfills— fires that pose serious toxic threats to the health and safety of workers, firefighters and the surrounding community. SB 1215 will replace the current, labyrinthine, and unsafe process for battery disposal with a safe, convenient, and accessible system for consumers to safely dispose of products with embedded batteries. SB 1215 expands the existing, successful e-waste program to include battery-embedded products sold in California to ensure that those products are recycled safely and responsibly. California Product Stewardship Council educates both the public and private sectors about Extended Producer Responsibility (EPR) and Product Stewardship and closely partners with business,jurisdictions, waste and recycling companies, manufacturers, and others to promote and encourage sustainable practices and to recognize those companies who are taking a leadership role in participating in waste reduction and recycling. For more information,please go to: www.CalPSC.org. October 20, 2022 Regular Board Meeting Agenda Packet- Page 104 of 143 Page 16 of 20 Attachment 5 California Special =` Districts Association 10 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. October 20, 2022 Regular Board Meeting Agenda Packet- Page 105 of 143 Page 17 of 20 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: October 20, 2022 Regular Board Meeting Agenda Packet- Page 106 of 143 Page 18 of 20 "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. October 20, 2022 Regular Board Meeting Agenda Packet- Page 107 of 143 Page 19 of 20 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. October 20, 2022 Regular Board Meeting Agenda Packet- Page 108 of 143 Page 20 of 20 Attachment 6 Brown Act Legislation, AB 2449 (Rubio), Signed into Law Earlier this week, Governor Newsom signed Assembly Bill 2449 (Rubio), an act related to the Brown Act, into law.AB 2449 would provide for an alternative means of teleconferencing under the Brown Act. AB 2449 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 and a quorum of the board meets in-person. 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. 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, 2021).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. October 20, 2022 Regular Board Meeting Agenda Packet- Page 109 of 143