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HomeMy WebLinkAbout13.(Handout) 2024 Central San Leg priority tracking updated for 6_6_24 BMCentral San 2024 Priority Legislative Tracking Sheet as of 6/5/24 13. (Handout) Green Shading - bill enacted, Gray Shading - bill is dead, White Shading - bill in progress, Red Shading - bill was 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 Skinner SB 903 Environmental This bill would, beginning January 1, 2030, prohibit a person from distributing, selling, or California Support Support 3/7/2024 5/16/24 Held in Senate Appropriations - bill is health: product offering for sale a product that contains intentionally added PFAS unless the Department Association of dead. 4/29/24 Hearing date for Senate safety: of Toxic Substances Control (DTSC) has made a determination that the use of PFAS in Sanitation Appropriations Committee. 4/16/24 Re -referred to perfluoroalkyl and the product is a currently unavoidable use, the prohibition is preempted by federal law, or Agencies (CASA): Senate Appropriations Committee. 3/19/23 polyfluoroalkyl the product is used. The bill would specify the criteria and procedures for determining Sponsor, Bay Area Hearing on bill set for 4/3/24 in the Senate substances. whether the use of PFAS in a product is a currently unavoidable use, for renewing that Clean Water Environmental Quality Committee. 3/11/24 Central determination, and for revoking that determination. The bill would require DTSC to Agencies San signed on to the Support letter sent to maintain on its internet website a list of each determination of currently unavoidable use, (BACWA): Support Environmental Quality Committee in advance of when each determination expires, and the products and uses that are exempt from the April 3, 2024 hearing. prohibition. The bill would impose a civil penalty for a violation of the prohibition. The bill would establish the PFAS Penalty Account and require all civil penalties received to be deposited into that account and, upon appropriation by the Legislature, to be used for the administration and enforcement of these provisions, as specified. This bill would, by January 1, 2027, require DTSC to adopt regulations to carry out the provisions of this bill including an assessment of an application fee. The bill would create the PFAS Oversight Fund and require all application fees to be deposited into the fund. The bill would require moneys in the account, upon appropriation by the Legislature, to be used to cover the department's reasonable costs of administering this act. 2 State Allen SB 1143 Household Existing law authorizes a public agency, as defined, to operate a household hazardous National Support Support 3/7/2024 5/21/24 Passed out of Senate. 5/16/24 Passed hazardous waste: waste collection facility under permit from DTSC. This bill would create a producer Stewardship Action from Senate Appropriations Committee. 4/18/24 producer responsibility program for products containing household hazardous waste and require a Council (NSAC): In Senate. Read second time. 3/19/23 Hearing on responsibility. producer responsibility organization (PRO) to provide a free and convenient collection Sponsor bill set for 4/3/24 in the Senate Environmental and management system for covered products. The bill would define "covered product" Quality Committee. to mean a product containing household hazardous waste, except a product that is subject to another statewide extended producer responsibility program and pesticides. The bill would require a producer of a covered product to register with a PRO, which would be required to develop and implement a producer responsibility plan for the collection, transportation, and the safe and proper management of covered products. The bill would require CalRecycle to adopt regulations to implement the program with an effective date no earlier than July 1, 2026. The bill would require a PRO, within 12 months of the effective date of the regulations, to submit a product responsibility plan to CalRecycle. The bill would require the plan to include specified elements, including a funding mechanism that provides sufficient funding to carry out the plan. The bill would require, within 6 months of receipt of the plan, CalRecycle to approve or disapprove the plan. The bill would require a PRO to implement its plan within 90 days of approval. The bill would require the plan to be fully funded in a manner that equitably distributes the plan's costs among participant producers that reflects sales volumes and the cost to manage the covered products that a producer produces. The bill would require the PRO to reimburse local jurisdictions for costs associated with providing a convenient collection system for covered products if the PRO's plan relies on local jurisdictions to collect or manage covered products. This bill would require the PRO provide an annual report to CalRecycle, and pay their administrative charges for the enforcement of the PRO and plans. Civil penalties would be collected for non- compliance. Central San 2024 Priority Legislative Tracking Sheet as of 6/5/24 Green Shading - bill enacted, Gray Shading - bill is dead, White Shading - bill in progress, Red Shading - bill was 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 3 State Haney AB 3073 Wastewater This bill would require the state board to create a program to test for illicit substances, CASA: Oppose Oppose Unless Oppose 3/7/2024 5/16/24 Held in Assembly Appropriations - bill testing: illicit including, but not limited to, cocaine, fentanyl, methamphetamine, and morphine, in Unless Amended Amended Unless is dead. 4/24/23 Hearing date for Assembly substances wastewater, as provided. The bill would require local sanitation agencies to collect Amended Appropriations Committee. 4/9/24 Passed out of wastewater sample for testing by the state board. By imposing additional duties on local Assembly Environmental Safety and Toxic agencies, this bill would impose a state -mandated local program. The bill would require Materials Committee. 3/11/24 Referred to the state board to transmit the results of its wastewater testing to the State Department Assembly Environmental Safety and Toxic of Public Health for the department to post on its internet website. CONCERNS: As Materials Committee. written, this bill may be overreaching and should be a voluntary pilot first. Local health departments could work directly with local POTWs to coordinate if they find value in the data, without the need for legislation. A voluntary program would be consistent with the District's and other agencies COVID sampling work. 4 State Wiener SB 937 Development This bill, among several other things: CSDA: Oppose Oppose Oppose 3/7/2024 5/20/24 Passed in the Senate. 4/29/24 Hearing projects: permits 1) Mitigation Fee Act Changes: makes all impact fees generally payable at the certificate date for Senate Appropriations Committee. and other of occupancy and deletes the current provision of payable at final inspection OR 4/16/24 Passed out of Senate Housing entitlements: fees certificate of occupancy and requires those fees to be the same as they would have been Committee. 3/19/24 Hearing date set in the and charges. at the point of application. And makes other changes to this section including removing Senate Local Government Committee on 4/3/24. any requirements for the development proponent to post a bond for those fees not yet collected. (Author's Fact Sheet Attached) 2) Adds the Quimby Act (park land or money in lieu) by way of deleting an exception, bring the Quimby act into the requirements of the Fee Mitigation Act 3) Adds Connection and Capacity Charges to the Fee mitigation Act by way of cross references and additionally names, "... including, but not limited to, water districts and sanitation districts...." as local agencies subject to the Fee Mitigation Act 5 State Patterson AB 2729 Residential fees This measure seeks to remove the exceptions to the rule that Development Impact Fees CSDA: Oppose Oppose Oppose 3/7/2024 5/20/24 Passed out of the Assembly. 4/29/24 and charges. are to be paid at the point of final inspection or certificate of occupancy. By deleting the Hearing date in Assembly Housing and exceptions to default, the only time to collect impact fees would be at the point of final Community Development Committee. 3/4/24 inspection or certificate of occupancy. The current exception that is being removed by Referred To Assembly Committees on Local AB 2729 is paraphrased here , "...a local agency determines that the fees or charges will Government and Housing and Community be collected for public improvements or facilities for which an account has been Development. established and funds appropriated and for which the local agency has adopted a proposed construction schedule or plan prior to final inspection or issuance of the certificate of occupancy or (B) the fees or charges are to reimburse the local agency for expenditures previously made.." This bill would repeal the current authorization for a local agency to require payment of development impact fees or charges prior to the date of final inspection or issuance of the certificate of occupancy, whichever occurs first, under certain conditions. Central San 2024 Priority Legislative Tracking Sheet as of 6/5/24 Green Shading - bill enacted, Gray Shading - bill is dead, White Shading - bill in progress, Red Shading - bill was 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 6 State Pacheco AB 2283 Public Records: This bill would require agencies to provide written notice to an employee within 48 hours CSDA: Watch Oppose Oppose 3/7/2024 5/20/24 Passed out of the Assembly. 4/30/24 employee of receipt of a California Public Records request that seeks to obtain: sensitive Pass out of Assembly Judiciary Committee. personnel information concerning the employee or a family member of the employee, including, but 3/19/24 In Assembly Judiciary Committee. records: notice not limited to, --photographs of the employee or family member, the residential address of the employee or family member, or the medical history of the employee or family member; --information that could reasonably be considered to put the safety of the employee or a family member of the employee at risk; or --information would constitute an unwarranted invasion of personal privacy, including personnel, medical, or similar files. The written notice that the agency would be required to furnish the employee with would be required to: --inform the employee of the specific records that were requested; --inform the employee of the purpose for which the specific records were requested, if known by the public agency; --inform the employee of who made the request; and --provide the employee with a means of contacting the public agency about the requested records. 7 State Schiavo, AB 182o Housing Among other things, this measure puts a "shot -clock" on delivering a development CSDA: Oppose Oppose Oppose 3/21/2024 5/21/24 Pass out of the Assembly. 5/15/24 Grayson: development proponent first an estimate of all fees and exaction and then at another stage in the Passed Assembly Appropriations Committee. Co-author projects: application process, a final itemization. This measure describes fees and exactions 4/15/24 In Assembly. Read second time. 3/19/24 applications: fees broadly and can be read to include parkland (Quimby fees) impact fees, connection, and In Assembly Housing and Community and exactions. capacity fees etc. Development Committee. 1) This bill would authorize a development proponent that submits a preliminary application for a housing development project to request a preliminary fee and exaction estimate and would generally require the local agency to comply with the request to provide the estimate within 10 business days of the submission of the preliminary application, except as specified. From the bill hyperlinked above, "...(b) (1) A development proponent that submits a preliminary application providing the information required by subdivision (a) may include in its preliminary application a request for a preliminary fee and exaction estimate, which the local agency shall provide within 10 business days of the submission of the preliminary application...." 2) Additionally, this bill would require a public agency that determines an application for a housing development project is complete to provide the development proponent with an itemized list and total sum amount of all fees and exactions that will apply to the project with within 10 days of the above -described determination of completeness transmitted to the applicant. From the bill hyperlinked above, "...65943.1. (a) A public agency that determines an application for a housing development project is complete pursuant to Section 65943 shall provide the development proponent with an itemized list and total sum amount of all fees and exactions that will apply to the project within 10 days of its formal determination of completeness transmitted to the applicant...." Central San 2024 Priority Legislative Tracking Sheet as of 6/5/24 Green Shading - bill enacted, Gray Shading - bill is dead, White Shading - bill in progress, Red Shading - bill was 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 Skinner SB 1210 New housing This measure adds "special districts" to a new code section in the Public Utilities s code CSDA: Oppose Oppose Unless Oppose 3/21/2024 5/21/24 Passed out of Senate. May 2024 construction: for the express purpose of limiting Connection and capacity fees to 1 % of the value of Unless Amended mod- Unless extensive amendments remove provisions electrical, gas, the development, and requiring they be paid out of over 10 years instead of at the time of Neutral Amended related to the 1% limit and 10 year financing sewer, and water the delivery of the services. Key language in the measure as linked above; "...For new provisions. 4/22/24 In Senate. Read second time service housing construction, a connection, capacity, or other point of connection charge from a and re -referred to Senate Appropriations connections: public utility or special district for electrical, gas, sewer, or water service shall not exceed Committee. Staff concerns on bill language: charges. 1 percent of the reported building permit value of that housing unit. • A 1 % limit could reduce District's Capacity Fees by around 75% in some cases. Existing (b) A public utility or special district shall issue any charge described in subdivision (a) ratepayers would be left to pick up the difference, over a period of at least 10 years commencing on the date when the housing unit is first creating a situation where new development could occupied. If the housing unit is sold before the expiration of that period, the subsequent be subsidized by those existing ratepayers. owners of the housing unit shall continue paying the charge over the remainder of that Bills adds a requirement that the Capacity Fee period. must be financed over 10 years — from the date of occupancy. Unfortunatly, as a sewer district there A public utility shall prioritize the processing, approval, scheduling, and completion of would be no way of knowing this date. electrical, gas, sewer, and water service connections to new housing construction over There don't appear to be any provisions for an the processing, approval, scheduling, and completion of service connections to all other interest component to the 10-year financing. With structures. the question of whether this would be a gift of public funds? Hearing date in Energy, Utilities, and Communications Committee set for 4/2/24 9 State Dixon AB 2626 Advanced Clean This bill would extend the compliance dates for local government set forth in the Support Support 4/25/2024 3/20/24 Staff review indicates bill would be Fleets regulations: Advanced Clean Fleets Regulation by 10 years. The bill will prohibit the California Air beneficial to Central San. local Resources Board from taking enforcement action against a local government for violating governments. the Advanced Clean Fleets Regulation if the alleged violation occurs before January 1, 2025. 10 State Stern SB 1510 Permitting: Existing law requires every city, county, and city and county to administratively approve Support Support 4/25/2024 5/16/24 This bill is dead. 3/20/24 Staff review: bill electric vehicle an application to install electric vehicle charging stations through the issuance of a would help streamline EV charger installation for charging building permit or similar nondiscretionary permit and requires the review of an Central San. Having expedited permitting or application to install an electric vehicle charging station to be limited to the building waiving permitting fees would be helpful to public official's review of whether it meets all health and safety requirements of local, state, and agencies who need to comply with the ACF federal law. Existing law requires an electric vehicle charging station to comply with, Regulation. Most of the sites in Phase 1 of our EV among other things, all applicable rules of the Public Utilities Commission regarding charging project require permitting. safety and reliability, as specified. This bill would express the intent of the Legislature to enact subsequent legislation that would reduce state and local permitting barriers for electric vehicle charging. 11 State Blakespear SB 1066 Marine Flare EPR This bill would create a producer responsibility program for marine flares by July 1, 2027. Support Support 4/25/2024 5/21/24 Passed out of Senate. 5/16/24 Passed Senate Appropriations Committee. 4/15/24 Staff review indicates bill would address the needs of Central San customers who own/operate boats and provide disposal options for marine flares within our service area. Currently, no options exist Central San 2024 Priority Legislative Tracking Sheet as of 6/5/24 Green Shading - bill enacted, Gray Shading - bill is dead, White Shading - bill in progress, Red Shading - bill was 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 12 State Haney AB 2751 Employer Highlights from the bill include: Oppose Oppose 4/25/2024 5/16/24 Held in Assembly Appropriations - bill communications is dead. 4/1/24 Staff review states this will only during non- -An employer shall establish a workplace policy that provides employees the right to apply to unrepresented employees and therefore working hours disconnect from communications from the employer during nonworking hours. burdensome to not be able to reach or contact -Nonworking hours shall be established by written agreement between an employer and executive team members after normal working employee. hours. -An employer may contact an employee during nonworking hours for an emergency or for scheduling. -An employee may file a complaint of a pattern of violation of this section with the Labor Commissioner. -Does not apply to an employee who is covered by a valid collective bargaining agreement.