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HomeMy WebLinkAbout15. Receive update on pending legislative matters and provide direction on priority legislationItem 15. BOARD OF DI RECTORS POSIT ION PA PER M E E T ING D AT E:MAY 4, 2023 S UB J E C T: R E C E I V E UP D AT E O N P E ND I NG L E G I S L AT I V E MAT T E R S A ND P R O V I D E D I R E C T I O N O N P R I O R I T Y L E G I S L AT I O N S UB M I T T E D B Y: E MI LY B A R NE T T, C O MMUNI C AT I O NS A ND G O V E R NME NT R E L AT I O NS MA NA G E R I NI T I AT I NG D E PART M E NT: A D MI NI S T R AT I O N-C O MM S V C S A ND I NT E R G O V R E L RE V IE WE D B Y:P HI L I P R. L E I B E R, D E P UT Y G E NE R A L MA NA G E R Roger S. Bailey General Manager K enton L . Alm District Counsel IS S UE I n accordance with B oard Policy No. B P 026 – Legislative Advocacy , the Board may provide direction to staf f on positions related to priority legislation. B AC K G RO UND Under B P 026 – Legislative Advocacy , when legislation has direct impact on C entral San or special signif icance to the B oard, the General Manager will present inf ormation to the B oard on priority legislation. T he B oard may then provide direction as to C entral San’s position on the legislation. Staf f has reviewed pending legislation and worked with member associations to identif y possible direct impacts on Central S an. T he process to create and pass legislation is constantly in f lux; the priority legislation presented in this P osition P aper represents the most conf ident analysis and due diligence research at this time. As new information becomes available, it will be presented at future B oard meetings. May 4, 2023 Regular Board Meeting Agenda Packet - Page 146 of 218 Page 1 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. ALT E RNAT I V E S /C O NS I D E RAT IO NS T he B oard may choose from the f ollowing positions on each piece of legislation: Support Support if A mended Neutral Oppose Unless Amended Oppose F I NANC IAL I M PAC T S None. C O M M I T T E E RE C O M M E ND AT IO N T his matter was not reviewed by a Board Committee. RE C O M M E ND E D B O ARD AC T I O N I f applicable, take one of the following actions on Priority L egislative Tracking S heet or another legislative matter: 1. Adopt staff recommended position(s) on the priority legislation; or 2. Adopt a dif f erent position on one or more pieces of the priority legislation; or 3. Take no action. Strategic Plan Tie-I n G O A L O N E: Customer and C ommunity Strategy 1 – Deliver high-quality customer service, Strategy 2 - Promote initiatives to advance affordable and equitable access to services G O A L TW O: Environmental Stewardship Strategy 2 - Educate on pollution prevention and environmental protection G O A L FO U R : G overnance and Fiscal R esponsibility Strategy 2 - Encourage and facilitate public participation, Strategy 3 - Maintain financial stability and sustainability May 4, 2023 Regular Board Meeting Agenda Packet - Page 147 of 218 Page 2 of 2 Central San 2023 Priority Legislative Tracking Sheet as of 5/3/23 Green Shading - bill enacted, Gray Shading - bill is dead, White Shading - bill in progress Red Shading - bill was vetoed Federal/ State Author Legislation Also Known As Summary Industry Organization(s) Priority List/Position Position Recommended by Staff Board Decision Date of Board Direction Notes 1 State Grayson AB 759 Amendment to the Sanitary Districts Act This bill would amend the 1939 Act that currently governs the process for the distribution of checks for sanitary districts. It would remove the following language: The treasurer shall pay out money of the district only upon the written order of the board, signed by the president and countersigned by the secretary. It would amend the Act with the following 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. CASA: Sponsor Support Support 3/2/2023 4/20/2023 Passed Assembly 77-0. 3/29/23 Hearing at Assembly Local Government Committee resulted in an 8-0 vote to pass as amended. Staff worked significantly with Local Gov't Committee staff to develop amendments that could be supported by all communities. 2 State Grayson AB 281 Planning and zoning: housing: postentitlement phase permits This bill would add special districts to post entitlement permit approval timelines. CASA: Work with Author Watch Watch 3/2/2023 4/27/23 In Assembly. Read second time. To Consent Calendar. 3/23/23 Re-referred to Assembly Committee on Local Development. 2/3/23 CSDA, ACWA, CASA working on amendments for the local government committee. 3 State Papan AB 246 Menstrual products: perfluoroalkyl and polyfluoroalkyl substances (PFAS) This bill would, beginning January 1, 2025, prohibit any person from manufacturing, distributing, selling, or offering for sale in the state any menstrual products that contain regulated PFAS, and requires a manufacturer to use the least toxic alternative when removing regulated PFAS in menstrual products to comply with these provisions. The bill would require a manufacturer of a menstrual product to provide persons that offer the product for sale or distribution in the state with a certificate of compliance stating that the menstrual product is in compliance with these provisions and does not contain any regulated PFAS. CASA: Work with Author Support Watch, Support Watch 3/2/2023 5/3/2023 Passed from Assembly Appropriations Committee. 4 State Bauer-Kahan AB 234 Microparticles This bill would enact the Synthetic Polymer Microparticles in Cosmetic and Cleaning Products Prevention Act. The bill would prohibit a synthetic polymer microparticle from being placed on the market in this state as a substance on its own or, where the synthetic polymer microparticles are present to confer a sought-after characteristic, in mixtures in a concentration equal to or greater than 0.01% by weight. The restriction would apply on and after specified dates depending on the type of product. The bill would specify the screening tests and pass criteria to be used to determine compliance with this prohibition. The bill would make a person who violates this prohibition liable for a civil penalty not to exceed $5,000 per day for each violation, in addition to any other penalty established by law. The bill would authorize the civil penalty to be assessed and recovered in a civil action brought by a city attorney, a district attorney, a county counsel, or the Attorney General in any court of competent jurisdiction. CASA: Watch Watch Watch 3/2/2023 4/3/23 Re-referred to Assembly Committee on Natural Resources. 5 State Bauer-Kahan AB 363 Pesticides: neonicotinoids for nonagricultural use: reevaluation: regulations This bill would require the department, by July 1, 2024, to issue a determination, taking into account the latest science, with respect to a reevaluation of neonicotinoids, on pollinating insects, aquatic ecosystems, and human health when used for nonagricultural protection of outdoor ornamental plants, trees, and turf, and, by July 1, 2026, to adopt control measures for that use that are necessary to protect the health of 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. Support Watch 3/2/2023 3/29/23 Sent to Assembly Appropriations Suspense File. 3/14/23 Passed 7-2 in the Assembly Environmental Safety and Toxic Materials Committee. Referred to Assembly Appropriations Committee. NOTES: Several of the products that would be reevaluated also contain PFAS and microplastics. Item 15 (Handout) Central San 2023 Priority Legislative Tracking Sheet as of 5/3/23 Green Shading - bill enacted, Gray Shading - bill is dead, White Shading - bill in progress Red Shading - bill was vetoed Federal/ State Author Legislation Also Known As Summary Industry Organization(s) Priority List/Position Position Recommended by Staff Board Decision Date of Board Direction Notes 6 State Hart AB 557 Open meetings: Local agencies: teleconferences This bill seeks to extend and expand the provisions of AB 361, which sunsets at the end of 2023. This bill would extend the teleconferencing provisions when a declared state of emergency is in effect, or in other situations related to public health indefinitely. The bill 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. CSDA Sponsor, CASA Support Support Support 3/2/2023 5/1/23 In Assembly. Read second time. To third reading. 3/15/23 Central San signed on to CSDA coalition letter. 2/28/23 CSDA requests support letters from special districts. 7 State Caballero SB 747 Surplus land: notice of exemption determination Existing law, commonly referred to as the Surplus Land Act, imposes specified requirements on a local agency before it disposes of its surplus land, and imposes specified enforcement and reporting duties on the Department of Housing and 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 land.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. CSDA: Work with Author Watch Watch 3/2/2023 5/1/23 In Senate. Read second time and re- referred to Appropriations Committee. 3/28/23 Hearing set for April 12, 2023 for Senate Governance and Finance Committee. 2/14/23 CSDA working extensively with author. 8 State Ting AB 480 Surplus land Existing law requires a local agency to take formal action in a regular public meeting to declare land is surplus and is not necessary for the agency’s use and to declare land as either “surplus land” or “exempt surplus land,” as supported by written findings, before a local agency may take any action to dispose of it consistent with an agency’s policies or procedures. This bill would recast that provision and would authorize, in specified instances, that a local agency administratively declare land as “exempt surplus land” if the declaration and findings are published and available for public comment at least 30 days before the declaration takes effect. The bill would also require a local agency to provide a written notification to the Department of Housing and Community Development of its declaration and findings 30 days before disposing of land declared “exempt surplus land.” Because this bill would require local officials to perform additional duties, it would impose a state- mandated local program. Existing law defines “exempt surplus land,” for which a local agency is not required to follow the requirements for disposal of surplus land, except as provided, as, among other things, surplus land that is subject to valid legal restrictions that are not imposed by the local agency and that would make housing prohibited, as specified. This bill would require that those legal restrictions be documented and verified in writing by the relevant agencies that have authority relating to the restrictions CSDA: Watch Watch Watch 3/2/2023 4/26/23 Passed from Assembly Housing and Community Development Committee (6-1). 3/15/23 Referred to Assembly Local Government Committee. This bill was recently transitioned from a spot bill to a fully submitted bill. More staff time is needed for review. Item 15 (Handout) Central San 2023 Priority Legislative Tracking Sheet as of 5/3/23 Green Shading - bill enacted, Gray Shading - bill is dead, White Shading - bill in progress Red Shading - bill was vetoed Federal/ State Author Legislation Also Known As Summary Industry Organization(s) Priority List/Position Position Recommended by Staff Board Decision Date of Board Direction Notes 9 State Weber AB 727 Product safety: packaging of household substances Existing law, beginning January 1, 2025, prohibits a person or entity from manufacturing, selling, delivering, holding, or offering for sale in commerce any cosmetic product that contains intentionally added perfluoroalkyl and polyfluoroalkyl substances (PFAS), as defined. Existing law similarly prohibits, beginning January 1, 2025, a person from manufacturing, distributing, selling, or offering for sale in the state any new, not previously owned, textile articles that contain regulated PFAS, except as specified, and requires a manufacturer to use the least toxic alternative when removing regulated PFAS in textile articles to comply with these provisions. This bill, beginning January 1, 2025, would prohibit a person from manufacturing, selling, delivering, distributing, holding, or offering for sale in the state a cleaning product that contains regulated PFAS, as specified. CASA: Co-sponsor Support Support 3/16/2023 5/3/23 Passed from Assembly Appropriations Committee. 3/15/23 Amended to include PFAS ban language. 10 State Ta AB 1660 Cosmetic products: perfluoroalkyl and polyfluoroalkyl substances (PFAS) Existing law requires the State Air Resources Board to adopt regulations to achieve the maximum feasible reduction in volatile organic compounds emitted by consumer products, if the state board determines adequate data exist to establish the regulations are necessary to attain state and federal ambient air quality standards and regulations are commercially and technologically feasible and necessary. This bill would authorize 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. CASA: Oppose Oppose Oppose 3/16/2023 4/10/23 R-referred to Environmental Safety and Toxic Materials Committee. 3/10/23 CASA Legislative Committee opposes bill. 11 State Portantino SB 411 Open meetings: teleconferences: bodies with appointed membership Current law, until January 1, 2024, authorizes the legislative body of a local agency to use alternate teleconferencing provisions during a proclaimed state of emergency or in other situations related to public health that exempt a legislative body from the general requirements (emergency provisions) and impose different requirements for notice, 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. CSDA Watch, CASA Support Watch Watch 3/16/2023 5/2/23 Passed Senate Judiciary Committee. 3/10/2023 CASA support Item 15 (Handout) Central San 2023 Priority Legislative Tracking Sheet as of 5/3/23 Green Shading - bill enacted, Gray Shading - bill is dead, White Shading - bill in progress Red Shading - bill was vetoed Federal/ State Author Legislation Also Known As Summary Industry Organization(s) Priority List/Position Position Recommended by Staff Board Decision Date of Board Direction Notes 12 State Pacheco AB 817 Open meetings: teleconferencing: subsidiary body This bill would authorize use of AB 361 type video meetings (without any declaration of emergency) for subsidiary bodies such as Central San standing committees. Support 5/3/2023 13 State Irwin AB 1637 Local government: internet websites and email addresses This bill, no later than January 1, 2025, would require a local agency that maintains an internet website for use by the public to ensure that the internet website utilizes a “.gov” top-level domain or a “.ca.gov” second-level domain, and would require a local agency that maintains an internet website that is noncompliant with that requirement to redirect that internet website to a domain name that does utilize a “.gov” or “.ca.gov” domain. This bill, no later than January 1, 2025, would also require a local agency that maintains public email addresses to ensure that each email address provided to its employees utilizes a “.gov” domain name or a “.ca.gov” domain name. By adding to the duties of local officials, the bill would impose a state-mandated local program. CSDA Oppose unless amended Oppose 5/3/2023 CSDA requesting this bill is voluntary for special districts. Concerns: Changing our top-level domain (TLD) to a ca.gov domain for our primary website and email addresses would be a difficult process that could result in disruption of our internet site as well as our email system.   14 State Rivas AB 1526 Public Resources The bill would require, on or before July 1, 2026, a manufacturer or stewardship organization to submit an architectural paint stewardship plan or amendment to an approved architectural paint stewardship plan to the department. The bill would change the due date for the annual report to on or before May 15 of each year, would require certain information included in the annual report to be reported based on calendar year, and, commencing with the 2028 report, would require the annual report to include certain information on aerosol coating products. The bill would authorize the department, in coordination with the Department of Toxic Substances Control, to adopt regulations to clarify and implement the architectural paint recovery program. CPSC Support Support 5/3/2023 The initial intent is to allow aerosol paints to be included with PaintCare, saving the District an additional $25K-$30K per year. 15 State Ting AB 347 Household product safety: toxic substances: testing and enforcement This bill would give additional enforcement authority over the various PFAS statutes to the Department of Toxic Substances Control (DTSC). CASA Support Support 5/3/2023 Item 15 (Handout)