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HomeMy WebLinkAbout10.(Handout) 2023 Central San Leg priority tracking updated for 8_17_23 BMCentral San 2023 Priority Legislative Tracking Sheet as of 8/16/23 Green Shading - enacted, Gray Shading - dead/no longer applies Item 10 (Handout) White Shading - in progress, Red Shading - vetoed 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 of checks CASA: Sponsor Support Support 3/2/2023 6/30/23 Notified Governor had signed bill. Sanitary Districts for sanitary districts. It would remove the following language: The treasurer shall pay out money of 6/7/23 Passed Senate Governance and Act the district only upon the written order of the board, signed by the president and countersigned by Finance Committee on consent. 5/3/23 the secretary. It would amend the Act with the following language: The district board shall appoint a Referred to Senate Governance and Finance treasurer who shall be responsible for the deposit and withdrawal of funds of the district in the Committee. 4/20/2023 Passed Assembly 77 - manner prescribed by the board. 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 Requires a special district that receives an application from a housing development project for CASA: Work with Watch Watch 3/2/2023 8/15/23 In Senate, read second time. To zoning: housing: service from a special district or an application from a housing development project for a Author third reading. 7/10/23 Passed Senate postentitlement postentitlement phase permit to provide written notice to the applicant of next steps in the review Housing Committee 11-0. 6/21/23 Passed in phase permits process, including, but not limited to, any additional information that may be required to begin to Senate Governance and Finance Committee. review the application for service or approval. 5/17/23 Referred to Senate Governance and Finance and Housing Committees. 5/4/23 Passed Assembly 75-0. 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 This bill would, beginning January 1, 2025, prohibit any person from manufacturing, distributing, CASA: W^,r VVatGh, Support Support 3/2/2023 8/15/23 In Senate, read second time. To products: selling, or offering for sale in the state any menstrual products that contain regulated PFAS, and Anther Support third reading. 7/10/23 Amended to weaken perfluoroalkyl and requires a manufacturer to use the least toxic alternative when removing regulated PFAS in violations/ pentalties language. 7/6/23 polyfluoroalkyl menstrual products to comply with these provisions. The bill would require a manufacturer of a Passed Senate Judiciary Committee 10-0. substances menstrual product to provide persons that offer the product for sale or distribution in the state with a 6/21/23 Passed Senate Environmental (PFAS) certificate of compliance stating that the menstrual product is in compliance with these provisions Quality Committee. 5/15/23 Passed and does not contain any regulated PFAS. AMENDMENTS 7/10/23 Menstrual products that Assembly 70-0. 5/3/2023 Passed from belong to the same stock keeping unit (SKU) as the menstrual product in violation of this Assembly Appropriations Committee. section and manufactured, distributed, sold, or offered for sale, as applicable, prior to an action brought under paragraph (2) are considered part of the same, single violation. 4 State Bauer -Kahan AB 234 Microparticles This bill would enact the Synthetic Polymer Microparticles in Cosmetic and Cleaning Products CASA: Watch Watch Watch 3/2/2023 5/22/23 This has become a two year bill. Prevention Act. The bill would prohibit a synthetic polymer microparticle from being placed on the 4/3/23 Re-referred to Assembly Committee market in this state as a substance on its own or, where the synthetic polymer microparticles are on Natural Resources. 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. Central San 2023 Priority Legislative Tracking Sheet as of 8/16/23 Green Shading - enacted, Gray Shading - dead/no longer applies White Shading - in progress, Red Shading - vetoed 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 5 State Bauer -Kahan AB 363 Pesticides: This bill would require the department, by July 1, 2024, to issue a determination, taking into account Support Watch 3/2/2023 8/14/23 Sent to Suspense file in Senate neonicotinoids for the latest science, with respect to a reevaluation of neonicotinoids, on pollinating insects, aquatic Appropriations Committee. 7/6/23 nonagricultural ecosystems, and human health when used for nonagricultural protection of outdoor ornamental Amended and re-referred back to committee - use: reevaluation: plants, trees, and turf, and, by July 1, 2026, to adopt control measures for that use that are clarifying amendments only. 7/5/23 Passed regulations necessary to protect the health of pollinating insects, aquatic ecosystems, and human health. The Senate Environmental Quality Committee. bill would require that the reevaluation consider the impacts to pollinating insects, aquatic 5/31/23 Passed Assembly. To Senate. ecosystems, and human health, including the cumulative impacts of exposure. 5/18/23 Passed Assembly Appropriations Committee and Read second time on Assembly Floor. 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. 6 State Hart AB 557 Open meetings: This bill seeks to extend and expand the provisions of AB 361, which sunsets at the end of 2023. CSDA Sponsor, Support Support 3/2/2023 8/16/23 Will be read third time in Senate. Local agencies: This bill would extend the teleconferencing provisions when a declared state of emergency is in CASA Support 6/29/23 In Senate: to third reading. 6/27/23 teleconferences effect, or in other situations related to public health indefinitely. The bill would also extend the Passed Senate Judiciary Committee. 5/15/23 period for a legislative body to make the above-described findings related to a continuing state of Passed Assembly 78-0. 5/1/23 In Assembly. emergency and social distancing to not later than 45 days vs. the 30 days prescribed for in AB 361. 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 5B 747 Surplus land: Existing law, commonly referred to as the Surplus Land Act, imposes specified requirements on a CSDA: W^T Watch Watch 3/2/2023 8/14/23 Rereferred to Assembly notice of local agency before it disposes of its surplus land, and imposes specified enforcement and Aether, Support if Appropriations Committee. 7/12/23 Passed exemption reporting duties on the Department of Housing and Community Development. Among those Amended Assembly Housing and Community determination requirements on a local agency, existing law requires a written notice of availability for developing Development. 8-0. 6/30/23 Re-referred to low- and moderate -income housing to be sent to certain local public entities and to housing Assembly Housing and Community sponsors that have notified the department of their interest in surplus Iand.This bill would authorize Development. 6/28/23 Passed Assembly a local agency to declare administratively that land is exempt surplus land if the declaration and Local Government Committee. 5/31/23 findings are published and available for public comment, and the local public entities and housing Passed Senate. Recent amendments seems sponsors described above are notified at least 30 days before the declaration takes effect. to aliviate concerns by member associations. CSDA has worked extensively with author and will move to Support position. Central San staff now believe the bill's exemption from the Surplus Land Act might not directly apply to the District. 5/22/23 In Senate. Read second time. 5/18/23 Passed in Senate Appropriations Committee 7-0. 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. Central San 2023 Priority Legislative Tracking Sheet as of 8/16/23 Green Shading - enacted, Gray Shading - dead/no longer applies White Shading - in progress, Red Shading - vetoed 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 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 CSDA: Wateh, Watch, Oppose Watch '/'%o, 7/10/23 Passed Senate Housing is surplus and is not necessary for the agency's use and to declare land as either "surplus land" or Oppose Unless Unless Amend 6/15/2023 Committee. 7/3/23 Re-referred to Senate "exempt surplus land," as supported by written findings, before a local agency may take any action Amend, CASA: Housing Committee. 5/31/23 Moved to to dispose of it consistent with an agency's policies or procedures. Oppose Unless Senate Governance and Finance and This bill would recast that provision and would authorize, in specified instances, that a local agency Amend Housing Committees. 5/26/23 Detailed staff administratively declare land as "exempt surplus land" if the declaration and findings are published review aligns with CASA and CSDA and available for public comment at least 30 days before the declaration takes effect. The bill would recommendation of Oppose Unless also require a local agency to provide a written notification to the Department of Housing and Amended. The ambiguities created by AB Community Development of its declaration and findings 30 days before disposing of land declared 480, taken together with burdensome and "exempt surplus land." Because this bill would require local officials to perform additional duties, it unnecessary new procedural requirements, would impose a state -mandated local program. as well as potentially increased penalties, will Existing law defines "exempt surplus land," for which a local agency is not required to follow the increase Surplus Land Act compliance costs requirements for disposal of surplus land, except as provided, as, among other things, surplus land on local agencies. 5/22/23 Passed Assembly that is subject to valid legal restrictions that are not imposed by the local agency and that would 53-16. 5/18/23 In Assembly. Read second make housing prohibited, as specified. time. To third reading. 5/17/23 Passed This bill would require that those legal restrictions be documented and verified in writing by the Assembly Appropriations Committee 12-4. relevant agencies that have authority relating to the restrictions 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. 9 State Weber AB 727 Product safety: Existing law, beginning January 1, 2025, prohibits a person or entity from manufacturing, selling, CASA: Co-sponsor Support Support 3/16/2023 7/10/23 Amendments weaken and further packaging of delivering, holding, or offering for sale in commerce any cosmetic product that contains intentionally specify violations and penalties language. household added perfluoroalkyl and polyfluoroalkyl substances (PFAS), as defined. Existing law similarly 6/22/23 Re-referred to Senate Judiciary substances prohibits, beginning January 1, 2025, a person from manufacturing, distributing, selling, or offering Committee. 6/21/23 Passed Senate for sale in the state any new, not previously owned, textile articles that contain regulated PFAS, Environmental Quality Committee. 6/7/23 Re - except as specified, and requires a manufacturer to use the least toxic alternative when removing referred to Senate Environmental Quality regulated PFAS in textile articles to comply with these provisions. Committee. 5/15/23 Passed Assembly 62-2. 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 maximum CASA: Oppose Oppose Oppose 3/16/2023 5/17/23 This bill is dead. 4/10/23 R -referred products: feasible reduction in volatile organic compounds emitted by consumer products, if the state board to Environmental Safety and Toxic Materials perfluoroalkyl and determines adequate data exist to establish the regulations are necessary to attain state and Committee. 3/10/23 CASA Legislative polyfluoroalkyl federal ambient air quality standards and regulations are commercially and technologically feasible Committee opposes bill. substances and necessary. This bill would authorize the state board to exempt an intentionally added PFAS (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. Central San 2023 Priority Legislative Tracking Sheet as of 8/16/23 Green Shading - enacted, Gray Shading - dead/no longer applies White Shading - in progress, Red Shading - vetoed 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 11 State Portantino SB 411 Open meetings: Current law, until January 1, 2024, authorizes the legislative body of a local agency to use alternate CSDA Watch, Watch Watch 3/16/2023 Bill amended to only apply to Los Angeles teleconferences: teleconferencing provisions during a proclaimed state of emergency or in other situations related to CASA Support County and cities over three million. This bill bodies with public health that exempt a legislative body from the general requirements (emergency provisions) does not impact the district with current appointed and impose different requirements for notice, agenda, and public participation, as prescribed. The amendment. Staff will continue to watch the membership emergency provisions specify that they do not require a legislative body to provide a physical bill for future amendments. 5/26/23 In location from which the public may attend or comment. Current law, until January 1, 2026, Assembly Local Government Committee. authorizes the legislative body of a local agency to use alternative teleconferencing in certain 5/15/23 Passed Senate with Urgency Clause circumstances related to the particular member if at least a quorum of its members participate from 30-5. 5/2/23 Passed Senate Judiciary a singular physical location that is open to the public and situated within the agency's jurisdiction Committee. 3/10/2023 CASA support 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 emergency) Support Support 5/3/2023 5/17/23 This bill is dead. teleconferencing: for subsidiary bodies such as Central San standing committees. subsidiary body 13 State Irwin AB 1637 Local government: This bill, no later than January 1, 2025, would require a IGGal ag8Re}F city and/or county that CSDA Oppose Oppese Neutral Oppose 5�%3— 5/31/23 Passed Assembly. 5/22/23 In internet websites maintains an internet website for use by the public to ensure that the internet website utilizes a unlessamena� 6/1/23 Assembly. Read second time. 5/17/23 and email ".gov" top-level domain or a ".ca.gov" second -level domain, and would require a local agency that (bill amended to Passed Assembly Appropriations Committee addresses maintains an internet website that is noncompliant with that requirement to redirect that internet remove opposition) 12-2. CSDA requesting this bill is voluntary website to a domain name that does utilize a ".gov" or ".ca.gov" domain. This bill, no later than for special districts. Concerns: Changing our January 1, 2025, would also require a local agency that maintains public email addresses to ensure top-level domain (TLD) to a ca.gov domain that each email address provided to its employees utilizes a ".gov" domain name or a ".ca.gov" for our primary website and email addresses domain name. By adding to the duties of local officials, the bill would impose a state -mandated local would be a difficult process that could result program. AMENDMENTS: 5/18/23 now bill excludes special districts. 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 CPSC Support Support Support 5/3/2023 8/14/23 Moved to suspense file in Senate submit an architectural paint stewardship plan or amendment to an approved architectural paint Appropriations Committee. 7/12/23 Passed stewardship plan to the department. The bill would change the due date for the annual report to on Senate Environmental Quality Committee 7 - or before May 15 of each year, would require certain information included in the annual report to be 0. 6/28/23 Re-referred to Environmental reported based on calendar year, and, commencing with the 2028 report, would require the annual Quality Committee. 6/22/23 Passed Senate report to include certain information on aerosol coating products. The bill would authorize the Natural Resources and Water Committee. department, in coordination with the Department of Toxic Substances Control, to adopt regulations 6/1/23 Set for hearing on 6/13/23 in Senate to clarify and implement the architectural paint recovery program. Natural Resources and Water Committee. 5/18/23 Passed Assembly 74-0. 5/11/23 On Assembly Consent Calendar. The initial intent is to allow aerosol paints to be included with PaintCare, saving the District an additional $25K -$30K per year. Central San 2023 Priority Legislative Tracking Sheet as of 8/16/23 Green Shading - enacted, Gray Shading - dead/no longer applies White Shading - in progress, Red Shading - vetoed 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 15 State Ting AB 347 Household This bill would give additional enforcement authority over the various PFAS statutes to the CASA Support Support Support 5/3/2023 /12/23 Passed Senate Environmental product safety: Department of Toxic Substances Control (DISC). Quality Committee 5-2. 6/28/23 Re-referred toxic substances: to Senate Environmental Quality Committee. testing and 5/31/23 Passed Assembly. To Senate. enforcement 5/22/23 In Assembly. Read second time. 5/18/23 Hearing date for bill in Assembly Appropriations Committee. 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 replacation of CASA: Sponsor, Support Support 5/18/2023 5/10/23 Support letters sent to Senator 1350 Wastewater the successful California passed legislation in 2021-2022 AB 818. This is an effort supported by NSAC: Sponsor Feinstein, Representatives DeSaulnier and Infrastructure both wastewater and the wipes manufacturing industry. Garamendi. 4/27/23 Introduced. HR 2963 Pollution Referred to the House Committee on Energy Prevention and and Commerce. S 1350 Referred to the Environmental Committee on Commerce, Science, and Safety Transportation. 17 Federal Lummis 51430 Water Systems This bill would ensure wastewater and water utilties and municipalities are not subject to liability Sponsors: Support Support 5/18/2023 5/3/23 In Senate Environment and Public PFAS Liability claims if the Environmental Protection Agency (EPA) designates per- and polyfluoroalkyl NACWA, CASA, Works Committee. 5/3/23 Introduced. Protection Act substances (PFAS) compounds as hazardous substances. The covered entities in these bills either AWWA, WEF Notable is Senator Lindsey Graham is a do not contribute to PFAS contamination or are required to use PFAS-containing substances cosponsor. Referred to the Committee on through regulations. Lummis introduced this legislation in response to an August 2022 proposed Environment and Public Works (Senator EPA rule to designate two PFAS compounds as a hazardous substances under the Comprehensive Padilla is a committee member). 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. Central San 2023 Priority Legislative Tracking Sheet as of 8/16/23 Green Shading - enacted, Gray Shading - dead/no longer applies White Shading - in progress, Red Shading - vetoed 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 18 State Ting AB 1033 Accessory Existing law requires a local agency to allow an ADU to be sold or conveyed separately from the primary CASA: Oppose Oppose Oppose 6/15/2023 8/15/23 In Senate. Second reading to third dwelling units: residence to a buyer if certain conditions are met, including that the property was built or developed by a reading. 7/5/23 Passed Senate Governance local ordinances: nonprofit corporation and that the property is held pursuant to a recorded tenancy in common agreement and Finance Committee 5-2. 6/29/23 Re - separate sale or that meets specified requirements. This bill -would, in addition, authorize a local agency to adopt a local referred to Senate Governance and Finance conveyance. ordinance to allow the separate conveyance of the primary dwelling unit and ADU or units as Committee. 6/20/23 Passed Senate Housing condominiums. Staff concerns: -Staff agrees with the Board of Realtors that shared units would need to Committee. 5/31/23 Passed Assembly. be regulated and require a subdivision or parcel map for lot splits. To avoid problems, the applicant would need to seek District input on the subdivision prior to building. -Shared Sewer Laterals oCurrently the District discourages shared laterals as it can lead to property disputes including trespass situations. Future bill amendments should require easements to sort out property right of way once an ADU is split off. oCurrently Central San's Standard Specs require ADUs share a lateral with the main house, unless there is a problem achieving proper slope for a gravity line. While this situation can usually be addressed, it could add costs to the rest of the ADU's that may not want to split and be sold in the future as a separate unit/parcel. olf non-profit creates condos on the property, lateral maintenance will need to be addressed between property owners. Typically, condos have CCR's which may or may not happen. -Sewer Service Charges oLikely unit would change from an ADU rate to a SFR rate if an ADU is sold. olf a condo map is processed, then both parcels would likely pay the MFR rate. -Capacity Fees oThe District uses the buy -in method and if an ADU starts with proportional share calculated for an ADU, then District would/could charge additional fees for either a SFR or MFR, depending on instrument used. oFurture amendments would be needed to clarify what is allowed as it could impact or eliminate change in fees. -This bill is a slippery slope that could extend beyond non-profit developers to applying to a larger audience. 19 Federal Garamendi HR 1181 National Pollutant Would extend the fixed permit terms for NPDES permits from "not exceeding five years" to "not CASA: Sponsor Support Support 6/15/2023 Discharge exceeding ten years". Elimination System (NPDES) Permit Term Extension 20 State Wicks AB 1465 Nonvehicular air This bill would triple specified civil -penalties, if the violation results from a discharge from a CASA: Oppose Oppose Unless Oppose 7/6/2023 8/21/23 Date set for hearing in Senate pollution: civil stationary source required by federal law to be included in an operating permit Unless Amend Amend Unless Appropriations Committee. 7/13/23 In penalties program established pursuant to specified provisions of the federal Clean Air Act, -and Amend Senate, read second time and amended - the discharge contains or includes one or more -air contaminants, as specified. The bill minor amendments. 6/26/23 New would define "source" for this purpose. The bill would require, in assessing penalties, amendments - As amended, the bill triples that health impacts, community disruptions, and other circumstances related to the penalities allowed for violations of the Clean violation be considered, as specified. The bill would also require that civil penalties for Air Act for any Title V facility. Prior versions a violation be assessed and recovered in a civil action brought by the Attorney of the bill were limited to refineries and this General, by any district attorney, or by the attorney for any district in which the amendment extends the higher penalties to any Title V facility. violation occurs.