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HomeMy WebLinkAbout15. Receive update on pending legislative matters and provide direction on priority legislationPage 1 of 6 Item 15. DCENTRALSAN MEETING DATE: JUNE 1, 2023 BOARD OF DIRECTORS POSITION PAPER SUBJECT: RECEIVE UPDATE ON PENDING LEGISLATIVE MATTERS SUBMITTED BY: INITIATING DEPARTMENT: EMILY BARNETT, COMMUNICATIONS AND ADMINISTRATION -COMM SVCS AND GOVERNMENT RELATIONS MANAGER INTERGOV REL REVIEWED BY: PHILIP R. LEI BER, DEPUTY GENERAL MANAGER 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. A priority legislation tracking sheet for Board review and input will be sent prior to the Board meeting with the June 1, 2023 Regular Board Meeting Agenda Packet - Page 138 of 165 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. A priority legislation tracking sheet for Board review and input will be sent prior to the Board meeting with the June 1, 2023 Regular Board Meeting Agenda Packet - Page 138 of 165 Page 2 of 6 latest information. Staff will discuss several of the priority items at this meeting and expand on others in the coming weeks as more information becomes available. ALTERNATIVES/CONSIDERATIONS The Board may choose from the following positions on each piece of legislation: • Support • Support if Amended • Neutral • Oppose Unless Amended • Oppose FINANCIAL IMPACTS None. COMMITTEE RECOMMENDATION This matter was not reviewed by a Board Committee. RECOMMENDED BOARD ACTION If applicable, take one of the following actions on Priority Legislative Tracking Sheet or another legislative matter: 1. Adopt staff recommended position(s) on the priority legislation; or 2. Adopt a different position on one or more pieces of the priority legislation; or 3. Take no action. Strategic Plan re -In GOAL ONE: Customer and Community Strategy 1— Deliver high-quality customer service, 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 ATTACHMENTS: 1. Central San Legislative Priority Tracking Sheet as of 5_24_23 June 1, 2023 Regular Board Meeting Agenda Packet - Page 139 of 165 Central San 2023 Prioritya egislative Tracking Sheet as Green Shading - bill enacted, Gray Shading - bill is dead, White Shading - bill in progress, Red Shading - bill was vetoed of 5/24/23 June 1, 2023 Regular Board Meeting Agenda Packet - Page 140 of 165 Industry Position Date of Federal/ Author Legislation Also Known As Summary Organization(s) Recommended Board Board Notes State Priority Decision Direction by Staff List/Position 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 5/17/23 Referred to Senate Governance and zoning: housing: Author Finance and Housing Committees. 5/4/23 postentitlement Passed Assembly 75-0. 4/27/23 In Assembly. phase permits 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 This bill would, beginning January 1, 2025, prohibit any person from manufacturing, CASA: Werk with Watch 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 Author 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 5/22/23 This has become a two year bill. 4/3/23 Products Prevention Act. The bill would prohibit a synthetic polymer microparticle from Re-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. June 1, 2023 Regular Board Meeting Agenda Packet - Page 140 of 165 Central San 2023 Priority ategislative Tracking Sheet as Green Shading - bill enacted, Gray Shading - bill is dead, White Shading - bill in progress, Red Shading - bill was vetoed of 5/24/23 June 1, 2023 Regular Board Meeting Agenda Packet - Page 141 of 165 Industry Position Date of Federal/ Author Legislation Also Known As Summary Organization(s) Recommended Board Board A 1 State Priority Decision Direction by Staff List/Position 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 .i/18/23 Passed Assembly Appropriations neonicotinoids for into account the latest science, with respect to a reevaluation of neonicotinoids, on Committee and Read second time on Assembly nonagricultural pollinating insects, aquatic ecosystems, and human health when used for nonagricultural Floor. 3/29/23 Sent to Assembly Appropriations use: reevaluation: protection of outdoor ornamental plants, trees, and turf, and, by July 1, 2026, to adopt Suspense File. 3/14/23 Passed 7-2 in the regulations control measures for that use that are necessary to protect the health of pollinating Assembly Environmental Safety and Toxic insects, aquatic ecosystems, and human health. The bill would require that the Materials Committee. Referred to Assembly reevaluation consider the impacts to pollinating insects, aquatic ecosystems, and human Appropriations Committee. NOTES: Several of the health, including the cumulative impacts of exposure. products that would be reevaluated also contain PFAS and microplastics. 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 5/22/23 In Senate. Read second time. 5/18/23 notice of requirements on a local agency before it disposes of its surplus land, and imposes Author Passed in Senate Appropriations Committee 7 - exemption specified enforcement and reporting duties on the Department of Housing and 0. 5/1/23 In Senate. Read second time and re- determination Community Development. Among those requirements on a local agency, existing law referred to Appropriations Committee. 3/28/23 requires a written notice of availability for developing low- and moderate -income housing Hearing set for April 12, 2023 for Senate to be sent to certain local public entities and to housing sponsors that have notified the Governance and Finance Committee. 2/14/23 department of their interest in surplus Iand.This bill would authorize a local agency to CSDA working extensively with author. 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 5/22/23 Passed Assembly 53-16. 5/18/23 In declare land is surplus and is not necessary for the agency's use and to declare land as Assembly. Read second time. To third reading. either "surplus land" or "exempt surplus land," as supported by written findings, before a 5/17/23 Passed Assembly Appropriations local agency may take any action to dispose of it consistent with an agency's policies or Committee 12-4. 4/26/23 Passed from Assembly procedures. Housing and Community Development Committee This bill would recast that provision and would authorize, in specified instances, that a (6-1). 3/15/23 Referred to Assembly Local local agency administratively declare land as "exempt surplus land" if the declaration and Government Committee. This bill was recently findings are published and available for public comment at least 30 days before the transitioned from a spot bill to a fully submitted bill. declaration takes effect. The bill would also require a local agency to provide a written More staff time is needed for review. 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 June 1, 2023 Regular Board Meeting Agenda Packet - Page 141 of 165 Central San 2023 Prioritya egislative Tracking Sheet as Green Shading - bill enacted, Gray Shading - bill is dead, White Shading - bill in progress, Red Shading - bill was vetoed of 5/24/23 June 1, 2023 Regular Board Meeting Agenda Packet - Page 142 of 165 Industry Position Date of Federal/ Author Legislation Also Known As Summary Organization(s) Recommended Board Board Notes State Priority Decision Direction by Staff List/Position 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 dead. 4/10/23 R -referred to products: maximum feasible reduction in volatile organic compounds emitted by consumer Environmental Safety and Toxic Materials perfluoroalkyl and products, if the state board determines adequate data exist to establish the regulations Committee. 3/10/23 CASA Legislative Committee polyfluoroalkyl are necessary to attain state and federal ambient air quality standards and regulations 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 30-5. teleconferences: use alternate teleconferencing provisions during a proclaimed state of emergency or in CASA Support 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 dead. teleconferencing: emergency) for subsidiary bodies such as Central San standing committees. subsidiary body June 1, 2023 Regular Board Meeting Agenda Packet - Page 142 of 165 Central San 2023 Prioritya egislative Tracking Sheet as Green Shading - bill enacted, Gray Shading - bill is dead, White Shading - bill in progress, Red Shading - bill was vetoed of 5/24/23 June 1, 2023 Regular Board Meeting Agenda Packet - Page 143 of 165 Industry Position Date of Federal/ Author Legislation Also Known As Summary Organization(s) Recommended Board Board Notes State Priority Decision Direction by Staff List/Position 13 State Irwin AB 1637 Local This bill, no later than January 1, 2025, would require a local agency city and/or county CSDA Oppose Oppose Oppose 5i%3— 5/22/23 In Assembly. Read second time. 5/17/23 government: that maintains an internet website for use by the public to ensure that the internet unless amended 6/1/23 Passed Assembly Appropriations Committee internet websites website utilizes a ".gov" top-level domain or a ".ca.gov" second -level domain, and would (bill amended to 12-2. CSDA requesting this bill is voluntary for and email require a local agency that maintains an internet website that is noncompliant with that remove opposition) special districts. Concerns: Changing our top-level addresses requirement to redirect that internet website to a domain name that does utilize a ".gov" domain (TLD) to a ca.gov domain for our primary or ".ca.gov" domain. This bill, no later than January 1, 2025, would also require a local website and email addresses would be a difficult agency that maintains public email addresses to ensure that each email address process that could result in disruption of our provided to its employees utilizes a ".gov" domain name or a ".ca.gov" domain name. By internet site as well as our email system. adding to the duties of local officials, the bill would impose a state -mandated local program. AMENDMENTS: 5/18/23 now bill excludes special districts. 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 5/18/23 Passed Assembly 74-0. 5/11/23 On organization to submit an architectural paint stewardship plan or amendment to an Assembly Consent Calendar. The initial intent is to approved architectural paint stewardship plan to the department. The bill would change allow aerosol paints to be included with PaintCare, the due date for the annual report to on or before May 15 of each year, would require saving the District an additional $25K -$30K per certain information included in the annual report to be reported based on calendar year, 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 5/22/23 In Assembly. Read second time. 5/18/23 product safety: the Department of Toxic Substances Control (DTSC). Hearing date for bill in Assembly Appropriations toxic substances: Committee. 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 5/18/2023 5/10/23 Support letters sent to Senator Feinstein, 1350 Wastewater replication of the successful California passed legislation in 2021-2022 AB 818. This is NSAC: Sponsor Representatives DeSaulnier and Garamendi. Infrastructure an effort supported by both wastewater and the wipes manufacturing industry. 4/27/23 Introduced. HR 2963 Referred to the Pollution House Committee on Energy and Commerce. S Prevention and 1350 Referred to the Committee on Commerce, Environmental Science, and Transportation. Safety 17 Federal Lummis S1430 Water Systems This bill would ensure wastewater and water utilties and municipalities are not subject to Sponsors: Support 5/18/2023 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. Referred to the Protection Act polyfluoroalkyl substances (PFAS) compounds as hazardous substances. The covered AWWA, WEF Committee on Environment and Public Works entities in these bills either do not contribute to PFAS contamination or are required to (Senator Padilla is a committee member). 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. June 1, 2023 Regular Board Meeting Agenda Packet - Page 143 of 165