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HomeMy WebLinkAbout09. Receive update on pending legislative matters and provide direction on priority legislation Page 1 of 2 Item 9. CENTRAL SAN BOARD OF DIRECTORS POSITION PAPER MEETING DATE: MAY 18, 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: PHI LIP R. LEI BER, DEPUTY GENERAL MANAGER Roger S. Bailey Kenton L. Alm General Manager District Counsel ISSUE In accordance with Board Policy No. BP 026 — Legislative Advocacy, the Board may provide direction to staff on positions related to priority legislation. BACKGROUND Under BP 026 — Legislative Advocacy, when legislation has direct impact on Central San or special significance to the Board, the General Manager will present information to the Board on priority legislation. The Board may then provide direction as to Central San's position on the legislation. Staff has reviewed pending legislation and worked with member associations to identify possible direct impacts on Central San. The process to create and pass legislation is constantly in flux; the priority legislation presented in this Position Paper represents the most confident analysis and due diligence research at this time. As new information becomes available, it will be presented at future Board meetings. May 18, 2023 Regular Board Meeting Agenda Packet- Page 51 of 480 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 May 18, 2023 Regular Board Meeting Agenda Packet- Page 52 of 480 Central San 2023 Priority Legislative Tracking Sheet as of 5/17/23 (Handout Item9) Green Shading- bill enacted, Gray Shading - bill is dead, ATTACHMENT 1 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 the This bill would amend the 1939 Act that currently governs the process for the distribution CASA: Sponsor Support Support 3/2/2023 5/3/23 Referred to Senate Governance and Sanitary Districts of checks for sanitary districts. It would remove the following language: The treasurer Finance Committee. 4/20/2023 Passed Assembly Act shall pay out money of the district only upon the written order of the board, signed by the 77-0. 3/29/23 Hearing at Assembly Local president and countersigned by the secretary. It would amend the Act with the following Government Committee resulted in an 8-0 vote to language: The district board shall appoint a treasurer who shall be responsible for the pass as amended. Staff worked significantly with deposit and withdrawal of funds of the district in the manner prescribed by the board. Local Gov't Committee staff to develop amendments that could be supported by all communities. 2 State Grayson AB 281 Planning and This bill would add special districts to post entitlement permit approval timelines. CASA: Work with Watch Watch 3/2/2023 5/4/23 Passed Assembly 75-0. 4/27/23 In zoning: housing: Author Assembly. Read second time. To Consent postentitlement Calendar. 3/23/23 Re-referred to Assembly phase permits Committee on Local Development. 2/3/23 CSDA, ACWA, CASA working on amendments for the local government committee. 3 State Papan AB 246 Menstrual This bill would, beginning January 1, 2025, prohibit any person from manufacturing, CASA: `^V^ T WatGh, Support Watch 3/2/2023 5/15/23 Passed Assembly 70-0. 5/3/2023 Passed products: distributing, selling, or offering for sale in the state any menstrual products that contain AuthGr Support from Assembly Appropriations Committee. perfluoroalkyl and regulated PFAS, and requires a manufacturer to use the least toxic alternative when polyfluoroalkyl removing regulated PFAS in menstrual products to comply with these provisions. The bill substances would require a manufacturer of a menstrual product to provide persons that offer the (PFAS) 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. 4 State Bauer-Kahan AB 234 Microparticles This bill would enact the Synthetic Polymer Microparticles in Cosmetic and Cleaning CASA: Watch Watch Watch 3/2/2023 5/17/23 This bill is likely dead. 4/3/23 Re- Products Prevention Act. The bill would prohibit a synthetic polymer microparticle from referred to Assembly Committee on Natural being placed on the market in this state as a substance on its own or, where the Resources. 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. 5 State Bauer-Kahan AB 363 Pesticides: This bill would require the department, by July 1, 2024, to issue a determination, taking Support Watch 3/2/2023 5/3/23 This bill is dead. 3/29/23 Sent to neonicotinoids for into account the latest science, with respect to a reevaluation of neonicotinoids, on Assembly Appropriations Suspense File. 3/14/23 nonagricultural pollinating insects, aquatic ecosystems, and human health when used for nonagricultural Passed 7-2 in the Assembly Environmental Safety use: reevaluation: protection of outdoor ornamental plants, trees, and turf, and, by July 1, 2026, to adopt and Toxic Materials Committee. Referred to regulations control measures for that use that are necessary to protect the health of pollinating Assembly Appropriations Committee. NOTES: insects, aquatic ecosystems, and human health. The bill would require that the Several of the products that would be reevaluated reevaluation consider the impacts to pollinating insects, aquatic ecosystems, and human also contain PFAS and microplastics. health, including the cumulative impacts of exposure. Central San 2023 Priority Legislative Tracking Sheet as of 5/17/23 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 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 3/2/2023 5/15/23 Passed Assembly 78-0. 5/1/23 In Local agencies: of 2023. This bill would extend the teleconferencing provisions when a declared state of CASA Support Assembly. Read second time. To third reading. teleconferences emergency is in effect, or in other situations related to public health indefinitely. The bill 3/15/23 Central San signed on to CSDA coalition would also extend the period for a legislative body to make the above-described findings letter. 2/28/23 CSDA requests support letters from related to a continuing state of emergency and social distancing to not later than 45 days special districts. vs. the 30 days prescribed for in AB 361. 7 State Caballero 5B 747 Surplus land: Existing law, commonly referred to as the Surplus Land Act, imposes specified CSDA: Work with Watch Watch 3/2/2023 5/18/23 Hearing date for Senate Appropriations notice of requirements on a local agency before it disposes of its surplus land, and imposes Author Committee. 5/1/23 In Senate. Read second time exemption specified enforcement and reporting duties on the Department of Housing and and re-referred to Appropriations Committee. determination Community Development. Among those requirements on a local agency, existing law 3/28/23 Hearing set for April 12, 2023 for Senate requires a written notice of availability for developing low-and moderate-income housing Governance and Finance Committee. 2/14/23 to be sent to certain local public entities and to housing sponsors that have notified the CSDA working extensively with author. 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 requires a local agency to take formal action in a regular public meeting to CSDA: Watch Watch Watch 3/2/2023 5/17/23 Passed Assembly Appropriations declare land is surplus and is not necessary for the agency's use and to declare land as Committee. 4/26/23 Passed from Assembly either"surplus land" or"exempt surplus land," as supported by written findings, before a Housing and Community Development Committee local agency may take any action to dispose of it consistent with an agency's policies or (6-1). 3/15/23 Referred to Assembly Local procedures. Government Committee. This bill was recently This bill would recast that provision and would authorize, in specified instances, that a transitioned from a spot bill to a fully submitted bill. local agency administratively declare land as"exempt surplus land" if the declaration and More staff time is needed for review. 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 Central San 2023 Priority Legislative Tracking Sheet as of 5/17/23 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 9 State Weber AB 727 Product safety: Existing law, beginning January 1, 2025, prohibits a person or entity from manufacturing, CASA: Co-sponsor Support Support 3/16/2023 5/15/23 Passed Assembly 62-2. packaging of selling, delivering, holding, or offering for sale in commerce any cosmetic product that household contains intentionally added perfluoroalkyl and polyfluoroalkyl substances (PFAS), as substances 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. 10 State Ta AB 1660 Cosmetic Existing law requires the State Air Resources Board to adopt regulations to achieve the CASA: Oppose Oppose Oppose 3/16/2023 5/17/23 This bill is likely dead. 4/10/23 R- products: maximum feasible reduction in volatile organic compounds emitted by consumer referred to Environmental Safety and Toxic perfluoroalkyl and products, if the state board determines adequate data exist to establish the regulations Materials Committee. 3/10/23 CASA Legislative polyfluoroalkyl are necessary to attain state and federal ambient air quality standards and regulations Committee opposes bill. 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. 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 Watch 3/16/2023 5/15/23 Passed Senate with Urgency Clause 30- teleconferences: use alternate teleconferencing provisions during a proclaimed state of emergency or in CASA Support 5. 5/2/23 Passed Senate Judiciary Committee. bodies with other situations related to public health that exempt a legislative body from the general 3/10/2023 CASA support 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. 12 State Pacheco AB 817 Open meetings: This bill would authorize use of AB 361 type video meetings (without any declaration of Support Support 5/3/2023 5/17/23 This bill is likely dead. teleconferencing: emergency)for subsidiary bodies such as Central San standing committees. subsidiary body Central San 2023 Priority Legislative Tracking Sheet as of 5/17/23 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 13 State Irwin AB 1637 Local This bill, no later than January 1, 2025, would require a local agency that maintains an CSDA Oppose Oppose Oppose 5/3/2023 5/17/23 Bill is in Assembly Appropriations government: internet website for use by the public to ensure that the internet website utilizes a ".gov" unless amended Committee for a hearing. CSDA requesting this internet websites top-level domain or a ".ca.gov" second-level domain, and would require a local agency bill is voluntary for special districts. Concerns: and email that maintains an internet website that is noncompliant with that requirement to redirect Changing our top-level domain (TLD)to a ca.gov addresses that internet website to a domain name that does utilize a ".gov" or".ca.gov"domain. domain for our primary website and email This bill, no later than January 1, 2025, would also require a local agency that maintains addresses would be a difficult process that could public email addresses to ensure that each email address provided to its employees result in disruption of our internet site as well as utilizes a ".gov"domain name or a ".ca.gov"domain name. By adding to the duties of our email system. local officials, the bill would impose a state-mandated local program. 14 State Rivas AB 1526 Public Resources The bill would require, on or before July 1, 2026, a manufacturer or stewardship CPSC Support Support Support 5/3/2023 5/11/23 On Assembly Consent Calendar. The organization to submit an architectural paint stewardship plan or amendment to an initial intent is to allow aerosol paints to be approved architectural paint stewardship plan to the department. The bill would change included with PaintCare, saving the District an the due date for the annual report to on or before May 15 of each year, would require additional $25K-$30K per year. 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. 15 State Ting AB 347 Household This bill would give additional enforcement authority over the various PFAS statutes to CASA Support Support Support 5/3/2023 5/18/23 Hearing date for bill in Assembly product safety: the Department of Toxic Substances Control (DTSC). Appropriations Committee. toxic substances: testing and enforcement 16 Federal McClain H.R.2964&S. WIPPES Act: This bill would add "Do Not Flush" labeling to non-flushable wipes packaging. It is a CASA: Sponsor, Support 5/18/2023 4/27/23 Introduced. 1350 Wastewater replacation of the successful California passed legislation in 2021-2022 AB 818. This is NSAC: Sponsor Infrastructure an effort supported by both wastewater and the wipes manufacturing industry. Pollution Prevention and Environmental Safety Central San 2023 Priority Legislative Tracking Sheet as of 5/17/23 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 17 Federal Lummis S 1430 Water Systems This bill would ensure wastewater and water utilties and municipalities are not subject to Sponsors: Support 5/18/2023 5/3/23 Introduced. Notable is Senator Lindsey PFAS Liability liability claims if the Environmental Protection Agency(EPA) designates per- and NACWA, CASA, Graham is a cosponsor. Protection Act polyfluoroalkyl substances (PFAS) compounds as hazardous substances. The covered AWWA, WEF entities in these bills either do not contribute to PFAS contamination or are required to use PFAS-containing substances through regulations. Lummis introduced this legislation in response to an August 2022 proposed EPA rule to designate two PFAS compounds as a hazardous substances under the Comprehensive Environmental Response, Compensation and Liability Act(CERCLA), also known as Superfund. This would subject any entity with PFAS contamination to potential CERCLA liability from the EPA and third parties. Should this rule be finalized, entities such as water treatment plants would be held liable for PFAS contamination they are not responsible for and these entities would be at risk for litigation. ATTACHMENT 2 - 1 CENTRAL SAN CENTRAL CONTRA COSTA SANITARY DISTRICT 5019 IMHOFF PLACE, MARTINEZ,CA 94553-4392 May 10, 2023 PHONE: (925)228-9500 FAX.- (925)335-7744 www.centralsan.org ROGER S.BAILEY The Honorable Dianne Feinstein General Manager U.S. Senate KENTON L.ALM 331 Hart Senate Office Building counseifor the District Washington, D.C. 20510 (510)375-457I KATIE YOUNG Secretary of the District Dear Senator Feinstein: On behalf of the Central Contra Costa Sanitary District (Central San), we write to express our support for the Wastewater Infrastructure Pollution Prevention and Environmental Safety (WIPPES) Act(S. 1350). 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 our 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. This bipartisan legislation takes a straightforward and reasonable approach to addressing the pervasive pollution problem stemming from the improper disposal of non-flushable wipes in the nation's wastewater systems, and complements California's existing "Do Not Flush" label law, commonly referred to as AB 818. We urge you to co-sponsor the WIPPES Act and for Congress to act expeditiously to pass the legislation. The WIPPES Act's labeling requirements mirrors AB 818's requirements by establishing the same clear, conspicuous, and consumer-friendly standards for"Do Not Flush" language and symbol. It also covers the same scope of products and includes the negotiated penalty structure California's clean water sector secured with the wipes industry should a manufacturer violate the label requirements. Further, this legislation enjoys the support of the wipes industry, the national clean water sector, and environmental advocates who together believe the legislation will advance our mutually shared interest to protect public infrastructure and the environment by promoting responsible disposal habits. Thank you for your leadership to address and develop common-sense and bipartisan solutions to the unique problems related to the flushing of non-flushable wipes. If Central San can be a resource for you, please do not hesitate to contact Emily Barnett, Central San's Communications and Government Relations Manager at ebarnett(a)-centralsan.org or 925-229- 7310. Sincerely, n k'I Roger S. Bailey General Manager ATTACHMENT 3 CENTRAL SAN fy.1 CENTRAL CONTRA COSTA SANITARY DISTRICT 5019 IMHOFF PLACE, MARTINEZ,CA 94553-4392 May 10, 2023 PHONE: (925)228-9500 FAX.- (925)335-7744 www.centralsan.org ROGER S.BAILEY The Honorable John Garamendi General Manager U.S. House of Representatives KENTONL.ALM 2004 Rayburn HOB counse[for the District Washington, D.C. 20515 (510)375-457I KATIE YOUNG Dear Representative Garamendi: SecretaryoftheDistrict On behalf of the Central Contra Costa Sanitary District (Central San), we write to express our support for the Wastewater Infrastructure Pollution Prevention and Environmental Safety (WIPPES) Act(H.R. 2964). 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 our 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. This bipartisan legislation takes a straightforward and reasonable approach to addressing the pervasive pollution problem stemming from the improper disposal of non-flushable wipes in the nation's wastewater systems, and complements California's existing "Do Not Flush" label law, commonly referred to as AB 818. We urge you to co-sponsor the WIPPES Act and for Congress to act expeditiously to pass the legislation. The WIPPES Act's labeling requirements mirrors AB 818's requirements by establishing the same clear, conspicuous, and consumer-friendly standards for"Do Not Flush" language and symbol. It also covers the same scope of products and includes the negotiated penalty structure California's clean water sector secured with the wipes industry should a manufacturer violate the label requirements. Further, this legislation enjoys the support of the wipes industry, the national clean water sector, and environmental advocates who together believe the legislation will advance our mutually shared interest to protect public infrastructure and the environment by promoting responsible disposal habits. Thank you for your leadership to address and develop common-sense and bipartisan solutions to the unique problems related to the flushing of non-flushable wipes. Again, we urge you to co- sponsor H.R. 2964. If Central San can be a resource for you, please do not hesitate to contact Emily Barnett, Central San's Communications and Government Relations Manager, at ebarnett(aD-centralsan.org or 925-229-7310. Sincerely, (11 .. n � � Roger S. Bailey General Manager ,etl CENTRAL SAN ATTACHMENT 4 CENTRAL CONTRA COSTA SANITARY DISTRICT 5019 IMHOFF PLACE, MARTINEZ,CA 94553-4392 May 10, 2023 PHONE: (925)228-9500 FAX.- (925)335-7744 www.centralsan.org ROGER S.BAILEY The Honorable Mark Desaulnier General Manager U.S. House of Representatives KENTONL.ALM 503 Cannon HOB counseifor the District Washington, D.C. 20515 (510)375-457I KATIE YOUNG Secretary of the District Dear Representative Desaulnier: On behalf of the Central Contra Costa Sanitary District (Central San), we write to express our support for the Wastewater Infrastructure Pollution Prevention and Environmental Safety (WIPPES) Act(H.R. 2964). 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. This bipartisan legislation takes a straightforward and reasonable approach to addressing the pervasive pollution problem stemming from the improper disposal of non-flushable wipes in the nation's wastewater systems, and compliments California's existing "Do Not Flush" label law, commonly referred to as AB 818. We urge you to co-sponsor the WIPPES Act and for Congress to act expeditiously to pass the legislation. The WIPPES Act's labeling requirements mirrors AB 818's requirements by establishing the same clear and conspicuous standards for"Do Not Flush" language and symbol, scope of covered products, and includes the negotiated penalty structure California's clean water sector secured with the wipes industry should a manufacturer violate the label requirements. Further, this legislation enjoys the support from the wipes industry and the national clean water sector, and environmental advocates who believe the legislation will advance our mutually shared interest to protect public infrastructure and the environment by promoting responsible disposal habits. Thank you for your leadership to address and develop common-sense and bipartisan solutions to the unique problems related to the flushing of non-flushable wipes. Again, we urge you to co- sponsor H.R. 2964. If Central San can be a resource for you, please do not hesitate to contact Emily Barnett, Central San's Communications and Government Relations Manager at ebarnett(a)-centralsan.org or 925-229-7310. Sincerely, �11 " n K Roger S. Bailey General Manager i CASH CALIFORNIA ASSOCIATION of SANITATION AGENCIES 925 L Street,Suite 200•Sacramento,CA 95814•TEL: (916)446-0388•www.CASAweb.org The Honorable Tim Grayson ATTACHMENT 5 10210 Street, Suite 5510 Sacramento, CA 95814 RE: AB 759 (Grayson) —Sanitary District Act Reform—Support and Sponsor Dear Assembly Member Grayson: The California Association of Sanitation Agencies ("CASA") is proud to sponsor your bill, AB 759 (Grayson), which 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.This bill would instead give discretion to the Board of a Sanitary District to establish protocols to authorize funds. CASA represents more than 130 local public agencies engaged in the collection, treatment, and recycling of wastewater and biosolids to protect public health and the environment. Our mission is to provide trusted information and advocacy on behalf of California clean water agencies, and to be a leader in sustainability and utilization of renewable resources.There are 77 sanitary districts operating in California, many of whom are members of our organization and which this bill would directly affect. The existing approval requirement was enacted in 1939 and in practice provides minimal oversight safeguarding 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 reasonable 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 providing similar services. This proposed changes to the Sanitary Districts Act have 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, CASA is proud to sponsor AB 759 and appreciate your efforts to advance this modest policy change. Sincerely, ���— Jessica Gauger Director of Legislative Advocacy& Public Affairs ATTACHMENT 6 Oe) Know your environment. Jr Protect your health. �g,4SA ewg o OC6SAN ORANGE COUNTY SANITATION DISTRICT Ni EASTERN r MUNICIPAL CITYOF emw WATER DISTRICT 1 ROS EVILLE C A L I F O R N I A CLEAN WATER SOCAL LOS ANGELES COUNTY CREATING SUSTAINABLE SOLUTIONS �� SANITATION DISTRICTS Converting Waste Into Resources 1 Inland Empire Utilities Agency G QLETA SANITARY ` A MUNICIPAL WATER DISTRICT �I Water Resource Recovery District SAN ITARY DISTRICT of MARIN COUNTY 1 REGIONALSAN Irvine Ranch rev TAKING THE WASTE OUT OF WATER Water District O� SAN tf' O CENTRALSAN CENTRAL CONTRA COSTA SANITARY DISTRICT ASSEMBLY FLOOR ALERT AB 727(Weber)PFAS in Cleaning Products AB 246(Papan)PFAS in Menstrual Products - Support - AB 727 (Weber)and AB 246(Papan)both seek to ban perfluoroalkyl and polyfluoroalkyl substances (PFAS) in cleaning products and menstrual products respectively. These bills provide an important and necessary source control strategy for reducing PFAS contamination in wastewater systems and California's watersheds. PFAS chemicals are both ubiquitous and indestructible and bioaccumulate in human bodies and in the environment. PFAS chemicals have been shown to have harmful impacts to human health, including: • decreased fertility or increased high blood pressure in pregnant women, • developmental effects or delays in children,including low birth weight,accelerated puberty,bone variations, or behavioral changes. • Increased risk of some cancers,including prostate,kidney, and testicular cancers. • Reduced ability of the body's immune system to fight infections, including reduced vaccine response. • Interference with the body's natural hormones. • Increased cholesterol levels and/or risk of obesity. For these reasons, source control and pollution prevention strategies such as the ones presented in AB 727 and AB 246 are the most cost effective and meaningful approaches to managing PFAS pollution in the environment. AB 727 and AB 246 are an important step in addressing the ongoing problem of PFAS contamination in our water and wastewater streams. AB 727(Weber)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. AB 246(Papan)would: • 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. AB 727(Weber)and AB 246(Papan)is supported by sanitation agencies,local waste agencies,and environmental organizations. Contact: Jessica Gauger, California Association of Sanitation Agencies i gauger@casaweb.org Susan Little,Environmental Working Group slittle(a)ewg.org sTnr� - AB 727 — PFAs in Cleaning Products ATTACHMENT 7 Assemblymember Akilah Weber, M.D. Summary complying with recently-in-effect disclosure AB 727 prohibits the sale, distribution, and requirements, indicate, but do not state, that their manufacturing of cleaning products containing cleaning products contain properties (water-repellant, perfluoroalkyl and polyfluoroalkyl substances long-lasting, high shine) that are indicative of PFAS (PFAS). chemicals. PFAS floor polishes can expose janitorial workers and the public to air-borne PFAS. This also The Problem enters wastewater when floors are mopped and cleaned. PFAS, invented in the 1930s, are synthetic chemicals that are found in a staggering array The U.S. Environmental Protection Agency (EPA) of consumer products, usually to create a nonstick, has established a PFAS Strategic Roadmap which water-resistant or stain-repellent coating. Nonstick outlines actions and plans for managing pans, umbrellas, nail polish, grease- PFAS, including the development of a primary resistant packaging like popcorn bags, and plastic drinking water standard and the establishment of water bottles are examples of products national technology-based regulatory limits on the commonly known to contain PFAs.These chemical level of specified pollutants in wastewater discharged compounds are extremely stable and are very difficult into surface waters and into municipal sewage to break down, earning them the nickname "forever treatment facilities. Consistent with the Strategic chemicals." Many PFAS compounds contain a strong Roadmap, in the California State Water Resources carbon-fluorine bond which allows them to build up, Control Board issued statewide monitoring and accumulating over time. Decades of heavy use of reporting orders for PFAS in drinking water and PFAS have resulted in contamination of water, soil wastewater in 2020. The order requires wastewater and the blood of people and animals all over agencies to monitor and report on concentrations of the world. The Centers for Disease Control and PFAS in influent, effluent and biosolids. Water and Prevention conducted a study between 2000-2014 and wastewater operators are proactively working to found 98%of Americans have some amount of PFAS reduce sources of PFAS in their systems through in their blood, and a recent study conducted pollution prevention and source reduction practices, by Environmental Working Group (EWG) scientists consistent with recent EPA guidance. However, a found that wild, freshwater fish caught in US waters significant source of PFAS entering wastewater is contain an extraordinary amount of PFAS chemicals. through unregulated domestic inputs from consumer products that people use in their homes and According to the Agency for Toxic Substances and businesses. Disease Registry, PFAS can harm our heart, liver, reproductive, and renal systems, can increase Since removing PFAS can be cholesterol levels and increase blood pressure in an impossible task, source prevention and control is a pregnant women. Overexposure of PFAS can put more effective strategy. Recent California legislation individuals at risk of developing kidney cancer, can has prohibited PFAS in consumer and industrial cause liver damage, and and reduce the immune products, such as cosmetics (AB 2771 - Friedman, system's ability to fight infections. For these reasons, 2022), food packaging (AB 1200 - Ting, 2021), major companies are announcing the phase-out of children's products (AB 652 - Friedman, 2021) and PFAS, including 3M, Patagonia, and Levi's. textiles (AB 1817 - Ting, 2022). EWG found that approximately 50% of industrial Solution grade floor polishes, which are used in public buildings, schools, and commercial offices, contain AB 727 prohibits the sale, distribution, and manufacture in California of "cleaning products" PFAS, and 1 in 6 household cleaning products containing PFAS chemicals. "Cleaning product" is do. Also, many manufacturers, who are not yet Last Updated 18-January-23 sT"r� AB 727 — PFAs in Cleaning Products �.� Assemblymember Akilah Weber, M.D. defined as a finishing product that is an air care product, automotive product, general cleaning product,or a polish or floor maintenance product used primarily for janitorial, domestic, or institutional cleaning purposes, or a water vessel product. Support California Association of Sanitation Agencies (sponsor) Environmental Working group (sponsor) Contact Elizabeth Bojorquez Legislative Director Office of Assemblymember Akilah Weber Elizabeth.Bojorquez@asm.ca.gov Last Updated 18-January-23 CALIFORNIA ASSOCIATION of SANITATION AGENCIES CASA 925 L Street,Suite 200•Sacramento, CA 95814•TEL:(916)446-0388•www.casaweb.org ATTACHMENT 8 March 15, 2023 The Honorable Alex Lee, Chair Assembly Environmental Safety and Toxic Materials Committee Legislative Office Building, Room 171 Sacramento, California 95814 Subject: AB 727 (Weber): Co-Sponsor and Support Dear Chairman Lee: The California Association of Sanitation Agencies (CASA) is pleased to be co-sponsoring AB 727 (Weber), which would ban the sale of cleaning products containing PFAS in California. This is an important and necessary source control strategy for reducing PFAS contamination in wastewater systems and California's watersheds. CASA is a statewide trade association representing a variety of public agencies that provide essential public services to millions of Californians, including wastewater collection, treatment, and disposal, as well as water recycling, biosolids management, and renewable energy deployment. We are proud to co-sponsor AB 727 with our partners at Environmental Working Group. In recent years, Per-and Polyfluoroalkyl substances (PFAS) have 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. In 2021 the United States Environmental Protection Agency(USEPA) announced and began implementation of the "PFAS Strategic Roadmap" which outlines a whole-agency approach to addressing PFAS. One of the three central directives of the roadmap is to pursue a comprehensive approach to "proactively prevent PFAS from entering air, land, and water at levels that can adversely impact human health and the environment."To this end, several additional action items are underway, including the development of an Effluent Limitations Guidelines program and recently issued EPA guidance for reducing discharges of PFAS into waterways by leveraging the existing NPDES permitting system and local industrial pretreatment programs. Consistent with USEPA action and guidance,the State Water Resources Control Board (Water Board) issued a statewide monitoring and reporting order in 2020 that required wastewater agencies to monitor and report for PFAS in influent, effluent and biosolids. Preliminary data from the Water Board demonstrates that domestic inputs represent a significant source of PFAS entering wastewater systems, meaning that products people use in their homes and businesses are contributing a large portion of the PFAS that ends up in the wastewater system.This represents a source that is not controllable through local pretreatment and enforcement programs, which typically focus on industrial sources. For this reason, a statewide and product-focused approach is necessary to remove PFAS from cleaning products, many of which have a direct pathway to the wastewater system as part of their intended use. Similar bans on PFAS in other types of products associated with a direct nexus to wastewater have already been enacted for textiles, cosmetics, cookware, and food packaging. It is important to note that PFAS chemicals are both ubiquitous and indestructible. In some cases PFAS can be removed from water and wastewater at the end of the cycle through advanced treatment technology. However,there is no technologically feasible method for the large-scale destruction of PFAS compounds. Instead, once removed, PFAS residuals are merely displaced to another waste stream Page 2 of 2 and typically cycle back through the waste management process. For these reasons, source control and pollution prevention strategies such as the one presented in AB 727 are the most cost effective and meaningful approaches to managing PFAS pollution in the environment. For these reasons CASA strongly supports AB 727 and urges your"aye"vote when it is heard in the Assembly Environmental Safety and Toxic Materials Committee. Sincerely, Jessica Gauger Director of Legislative Advocacy & Public Affairs CC: Assembly Member Akila Weber Josh Tooker,Assembly Environmental Safety and Toxic Materials Committee Members, Assembly Environmental Safety and Toxic Materials Committee