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HomeMy WebLinkAbout05. Legislative Matters update Page 1 of 2 Item 5. CENTRAL SAN BOARD OF DIRECTORS POSITION PAPER MEETING DATE: MARCH 16, 2023 SUBJECT: RECEIVE UPDATE ON PENDING LEGISLATIVE MATTERSAND PROVIDE DIRECTION ON PRIORITY LEGISLATION SUBMITTED BY: INITIATING DEPARTMENT: EMILY BARNETT, COMMUNICATIONS AND ADMINISTRATION-COMM SVCS AND GOVERNMENT RELATIONS MANAGER INTERGOV REL REVIEWED BY: PHILIP R. LEIBER, DIRECTOR OF FINANCE AND ADMINISTRATION 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 research at this time. As new information becomes available, it will be presented at future Board meetings. March 16, 2023 Regular Board Meeting Agenda Packet- Page 38 of 82 Page 2 of 2 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 Tie-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 GOAL TWO:Environmental Stewardship Strategy 2- Educate on pollution prevention and environmental protection GOAL FOUR: Governance and Fiscal Responsibility Strategy 2- Encourage and facilitate public participation, Strategy 3- Maintain financial stability and sustainability March 16, 2023 Regular Board Meeting Agenda Packet- Page 39 of 82 Central San 2023 Priority Legislative Tracking Sheet as of 3/15/23 Item 5. Green Shading- bill enacted, (Handout - 1) 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 Grayson AB 759 Amendment to This bill would amend the 1939 Act that currently governs the process for the distribution CASA: Sponsor Support Support 03/02/23 3/29/23 Date of bill hearing in Assembly Local the Sanitary of checks for sanitary districts. It would remove the following language: The treasurer Government Committee. 3/14/23 Meeting with Districts Act shall pay out money of the district only upon the written order of the board, signed by the Assembly Local Government Committee staff to president and countersigned by the secretary. It would amend the Act with the following review bill. language: The district board shall appoint a treasurer who shall be responsible for the deposit and withdrawal of funds of the district in the manner prescribed by the board. 2 State Grayson AB 281 Planning and This bill would add special districts to post entitlement permit approval timelines. CASA: Work with Watch Watch 03/02/23 2/3/23 CSDA, ACWA, CASA working on zoning: housing: Author amendments for the local government committee. postentitlement phase permits 3 State Papan AB 246 Menstrual SPOT BILL (additional language needed). This bill would state the intent of the CASA: W^ with WatGh, Support Watch 03/02/23 products: Legislature to enact legislation to eliminate PFAS from menstrual products. Aether Support perfluoroalkyl and polyfluoroalkyl substances (PFAS) 4 State Bauer-Kahan AB 234 Microparticles SPOT BILL (additional language needed). This bill would express the intent of the CASA: Watch Watch Watch 03/02/23 Legislature to enact subsequent legislation that would prohibit the sale in this state of rinse-off cosmetics, detergents, waxes, and polishes that contain intentionally added synthetic polymer microparticles, including products identified in the synthetic polymer microparticle Registration, Evaluation, Authorization and Restriction of Chemicals (REACH) restrictions adopted by the European Union (EU). 5 State Bauer-Kahan AB 363 Pesticides: This bill would require the department, by July 1, 2024, to publish a reevaluation of the Support Watch 03/02/23 Several of the products that would be reevaluated neonicotinoids for latest science regarding the impacts of neonicotinoid pesticides, on pollinating insects, also contain PFAS and microplastics. nonagricultural aquatic ecosystems, and human health when used for nonagricultural protection of use: reevaluation: outdoor ornamental plants, trees, and turf, and, by July 1, 2026, to adopt regulations regulations governing that use that are necessary to protect the health of honeybees, native bees, and other pollinating insects, aquatic ecosystems, and human health. The bill would require that the reevaluation consider the impacts to pollinating insects, aquatic ecosystems, and human health, including the cumulative impacts of exposure. 6 State Hart AB 557 Open meetings: This bill seeks to extend and expand the provisions of AB 361, which sunsets at the end CSDA Sponsor, Support Support 03/02/23 3/15/23 Central San signed on to CSDA coalition Local agencies: of 2023. This bill would extend the teleconferencing provisions when a declared state of CASA Support letter. 2/28/23 CSDA requests support letters from teleconferences emergency is in effect, or in other situations related to public health indefinitely. The bill special districts. would also extend the period for a legislative body to make the above-described findings related to a continuing state of emergency and social distancing to not later than 45 days vs. the 30 days prescribed for in AB 361. 1 of 3 Central San 2023 Priority Legislative Tracking Sheet as of 3/15/23 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 7 State Caballero SB 747 Surplus land: Existing law, commonly referred to as the Surplus Land Act, imposes specified CSDA: Work with Watch Watch 03/02/23 2/14/23 CSDA working extensively with author. notice of requirements on a local agency before it disposes of its surplus land, and imposes Author exemption specified enforcement and reporting duties on the Department of Housing and determination Community Development. Among those requirements on a local agency, existing law requires a written notice of availability for developing low- and moderate-income housing to be sent to certain local public entities and to housing sponsors that have notified the department of their interest in surplus Iand.This bill would authorize a local agency to declare administratively that land is exempt surplus land if the declaration and findings are published and available for public comment, and the local public entities and housing sponsors described above are notified at least 30 days before the declaration takes effect. 8 State Ting AB 480 Surplus land Existing law prescribes requirements for the disposal of surplus land by a local agency, CSDA: Watch Watch Watch 03/02/23 This bill was recently transitioned from a spot bill as defined, and requires, except as provided, a local agency disposing of surplus land to to a fully submitted bill. More staff time is needed comply with certain notice requirements before disposing of the land or participating in for review. negotiations to dispose of the land with a prospective transferee, particularly that the local agency send a notice of availability to specified entities that have notified the Department of Housing and Community Development of their interest in surplus land, as specified. Under existing law, if the local agency receives a notice of interest, the local agency must engage in good faith negotiations with the entity desiring to purchase or lease the surplus land. Existing law defines terms for purposes of these provisions, including the term "exempt surplus land,"which includes, among other things, surplus land that is put out to open, competitive bid by a local agency, as specified, for purposes of a mixed-use development that is more than one acre in area, that includes not less than 300 housing units, and that restricts at least 25% of the residential units to lower- income households with an affordable sales price or an affordable rent for a minimum of 55 years for rental housing and 45 years for ownership housing. This bill would modify these provisions to require that the mixed-use development include not less than 300 residential units. 9 State Weber AB 727 Product safety: This bill seeks to ban PFAS in Cleaning products sold within the State. Substantive CASA: Co-sponsor Support 03/16/23 3/15/23 Amended to include PFAS ban language. packaging of amendments include "beginning January 1, 2025, would prohibit a person from household manufacturing, selling, delivering, distributing, holding, or offering for sale in the state a substances cleaning product that contains regulated PFAS." 10 State Ta AB 1660 Cosmetic Existing law requires the State Air Resources Board to adopt regulations to achieve the CASA: Oppose Oppose 03/16/23 3/10/23 CASA Legislative Committee opposes bill. products: maximum feasible reduction in volatile organic compounds emitted by consumer perfluoroalkyl and products, if the state board determines adequate data exist to establish the regulations polyfluoroalkyl are necessary to attain state and federal ambient air quality standards and regulations substances are commercially and technologically feasible and necessary. This bill would authorize (PFAS) the state board to exempt an intentionally added PFAS from that prohibition if the state board determines that the intentionally added PFAS has characteristics that are beneficial for the environmental goals of the State of California and is not identified as persistent, bioaccumulative, and toxic to the environment. 2 of 3 Central San 2023 Priority Legislative Tracking Sheet as of 3/15/23 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 11 State Portantino SB 411 Open meetings: Current law, until January 1, 2024, authorizes the legislative body of a local agency to CSDA Watch, Watch 03/16/23 3/10/2023 CASA support teleconferences: use alternate teleconferencing provisions during a proclaimed state of emergency or in CASA Support bodies with other situations related to public health that exempt a legislative body from the general appointed requirements (emergency provisions) and impose different requirements for notice, membership agenda, and public participation, as prescribed. The emergency provisions specify that they do not require a legislative body to provide a physical location from which the public may attend or comment. Current law, until January 1, 2026, authorizes the legislative body of a local agency to use alternative teleconferencing in certain circumstances related to the particular member if at least a quorum of its members participate from a singular physical location that is open to the public and situated within the agency's jurisdiction and other requirements are met, including restrictions on remote participation by a member of the legislative body. This bill would authorize a legislative body to use alternate teleconferencing provisions similar to the emergency provisions indefinitely and without regard to a state of emergency. The bill would alternatively define "legislative body"for this purpose to mean a board, commission, or advisory body of a local agency, the membership of which board, commission, or advisory body is appointed and which board, commission, or advisory body is otherwise subject to the Ralph M. Brown Act. 3of3 Item 5. ,001r� I CENTRAL SAN (Handout - 2) CENTRAL CONTRA COSTA SANITARY DISTRICT 5019 IMHOFF PLACE, MARTINEZ, CA 94553-4392 FAX.- (925)372-0192 www.centralsan.org March 15, 2023 ROGER S.BAILEY General Manager KENTONL.ALM Counsel for the District (5 10)375-4571 The Honorable Cecilia Aguiar-Curry, Chair KATIE YOUNG Assembly Local Government Committee SecretaryoftheDistrict 1020 N Street, Room 157 Sacramento, California 95814 Submitted electronically via Position Letter Portal RE: AB 759 (Grayson) — Sanitary District Act Reform – Support Dear Chair Aguiar-Curry: The Central Contra Costa Sanitary District (Central San) is proud to support AB 759 (Grayson). This bill would update the Sanitary District Act of 1939 to modernize existing statutory accounting practices that require Sanitary Districts to submit their check register for approval by the District Board President at each Board meeting. Instead, the bill would give discretion to the Board of a Sanitary District to establish protocols to authorize funds. 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. The existing approval requirement was enacted in 1939. In practice, it provides minimal oversight as the Board approval is usually performed in retrospect for checks that have already been issued. The modern business climate requires Sanitary Districts to issue payments in a timely manner. Waiting to issue payments until after the Board meets and approves the register impedes the agency's ability to maintain the efficient flow of public business. AB 759 would update the statute to reflect reasonable business procedures for modern utilities and create parity with other special districts that provide similar services. AB 759 (Grayson) — Sanitary District Act Reform — Support March 15, 2023 Page 2 This proposed change to the Sanitary District Act has previously been afforded to a variety of similar special districts and local agencies by the Legislature. The following statutes allow for similar Board discretion in their accounting procedures for a variety of special districts and local agencies: Municipal Water Districts - 1963 (Water Code Section 71362); Cities - 1986 (Government Code 37208); Community Service Districts - 2005 (Government Code 61051); County Water Districts - 1949 (Water Code 31302); and County Sanitation Districts - 1939 (Health and Safety Code 4763). For these reasons, Central San is proud to support AB 759 and we urge your aye vote when this bill is heard in your committee. Sincerely, �11 n K'I Roger S. Bailey General Manager cc: Assembly Member Tim Grayson Jimmy MacDonald, Principal Consultant, Assembly Committee on Local Government Jessica Gauger, Director of Legislative Advocacy & Public Affairs, CASA