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HomeMy WebLinkAbout06.(Handout 1) 2024 Central San Leg priority tracking updated for 9_19_24 BMCentral San 2024 Priority Legislative Tracking Sheet as of 9/19/24 Green Shading - bill enacted, Gray Shading - bill is dead, White Shading - bill in progress, Red Shading - bill was vetoed 06. (Handout 1) 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 9/10/24 To Governor for Signature. 9/5/24 hazardous waste: waste collection facility under permit from DTSC. This bill would create a producer Stewardship Action Enrolled. 8/30/24 Passed Senate. 8/28/24 producer responsibility program for products containing household hazardous waste and require a Council (NSAC): Passed Assembly. 8/26/24 Central San signed responsibility. producer responsibility organization (PRO) to provide a free and convenient collection Sponsor on to bill Floor Alert. 6/13/24 Re-referred to and management system for covered products. The bill would define "covered product" Assembly Committees Environmental Safety & to mean a product containing household hazardous waste, except a product that is Toxic Materials and Natural Resources. 5/21/24 subject to another statewide extended producer responsibility program and pesticides. Passed out of Senate. 5/16/24 Passed from The bill would require a producer of a covered product to register with a PRO, which Senate Appropriations Committee. 4/18/24 In would be required to develop and implement a producer responsibility plan for the Senate. Read second time. 3/19/23 Hearing on bill collection, transportation, and the safe and proper management of covered products. set for 4/3/24 in the Senate Environmental Quality The bill would require CalRecycle to adopt regulations to implement the program with an Committee. 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 9/19/24 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 is testing: illicit including, but not limited to, cocaine, fentanyl, methamphetamine, and morphine, in Unless Amended Amended Unless 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 9/13/24 To Governor for signature. 9/6/24 projects: permits 1) Mitigation Fee Act Changes: makes all impact fees generally payable at the certificate Central San signed on to CASA/CMUA coalition and other of occupancy and deletes the current provision of payable at final inspection OR veto request letter to Governor. 9/6/24 entitlements: fees certificate of occupancy and requires those fees to be the same as they would have been Enrolled. 8/31/24 Passed Assembly and charges. at the point of application. And makes other changes to this section including removing concurrence. 8/31/24 Passed Senate. 8/30 - any requirements for the development proponent to post a bond for those fees not yet 31/24 Staff contacted Assemblymember collected. (Author's Fact Sheet Attached) Grayson/Senator Glazer about amendment 2) Adds the Quimby Act (park land or money in lieu) by way of deleting an exception, concerns. 8/21/24 Amended on Senate Floor. bring the Quimby act into the requirements of the Fee Mitigation Act 8/12/24 In Senate Appropriations without 3) Adds Connection and Capacity Charges to the Fee mitigation Act by way of cross further hearing pursuant to Senate Rule 28.8. references and additionally names, "... including, but not limited to, water districts and 8/6/24 Suspended Joint Rule 10.5 allowing for sanitation districts...." as local agencies subject to the Fee Mitigation Act it not to be rereferred to both policy/fiscal AMENDMENT ISSUES: Conflicts Between Existing Statute and New Conditions committees based on new amendments. 8/5/24 Outlined in SB 937. SB 937 provides in 66007 (C)(1)(a)(ii) that "utility service fees Amended in Senate. 6/17/24 Re-referred to related to connections may be collected at the time an application for service is Assembly Housing and Community Development received, provided that those fees do not exceed the costs incurred by the utility Committee. 6/12/24 Passed Assembly Local provider resulting from the connection activities." There is significant uncertainty Government Committee. 5/20/24 Passed in the about how this provision could be interpreted both at the local level for Senate. 4/29/24 Hearing date for Senate implementation purposes and potentially through the legal system under a Appropriations Committee. 4/16/24 Passed out of challenge for the collection of a capacity charge under this new section. Senate Housing Committee. 3/19/24 Hearing date Furthermore, SB 937 allows for certain fees to be collected prior to the Certificate set in the Senate Local Government Committee on of Occupancy for "expenditures previously made to the extent those expenditures 4/3/24. have not been paid or reimbursed by another party." Connection and capacity fees are collected at the point of permit issuance, before construction is started, to ensure the revenue necessary to support the improvements to sustain and connect new development, not as a reimbursement for work completed. By definition, a capacity charge is imposed to recoup the new user's proportional benefit of systemwide improvements previously made or planned for the future." Central San 2024 Priority Legislative Tracking Sheet as of 9/19/24 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 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 9/13/24 To Governor for signature. 9/6/24 and charges. are to be paid at the point of final inspection or certificate of occupancy. By deleting the Enrolled. 8/31/24 Passed Assembly exceptions to default, the only time to collect impact fees would be at the point of final concurrence. 8/31/24 Passed Senate. 6/5/11 Re- inspection or certificate of occupancy. The current exception that is being removed by referred to Senate Local Government Committee. AB 2729 is paraphrased here , "...a local agency determines that the fees or charges will 5/20/24 Passed out of the Assembly. 4/29/24 be collected for public improvements or facilities for which an account has been Hearing date in Assembly Housing and established and funds appropriated and for which the local agency has adopted a Community Development Committee. 3/4/24 proposed construction schedule or plan prior to final inspection or issuance of the Referred To Assembly Committees on Local certificate of occupancy or (B) the fees or charges are to reimburse the local agency for Government and Housing and Community expenditures previously made.." This bill would repeal the current authorization for a Development. 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. 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 9/3/24 To Governor for signature. 8/29/24 employee of receipt of a California Public Records request that seeks to obtain: sensitive Enrolled. 8/27/24 Passed Assembly. 8/26/24 personnel information concerning the employee or a family member of the employee, including, but Passed Senate. 5/29/24 To Senate Judiciary records: notice not limited to, Committee. 5/20/24 Passed out of the Assembly --photographs of the employee or family member, the residential address of the under with Urgency Clause. 4/30/24 Pass out of employee or family member, or the medical Assembly Judiciary Committee. 3/19/24 In history of the employee or family member; Assembly Judiciary Committee. --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. Central San 2024 Priority Legislative Tracking Sheet as of 9/19/24 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 7 State Schiavo, AB 1820 Housing Among other things, this measure puts a "shot -clock" on delivering a development CSDA: Oppose Oppose Oppose 3/21/2024 9/3/24 To Governor for signature. 8/29/24 Grayson: development proponent first an estimate of all fees and exaction and then at another stage in the Enrolled. 8/27/24 Passed Assembly Co-author projects: application process, a final itemization. This measure describes fees and exactions concurrence. 8/26/24 Passed Senate. 6/11/24 applications: fees broadly and can be read to include parkland (Quimby fees) impact fees, connection, and Passed Senate Local Government Committee and and exactions. capacity fees etc. referred to Senate Housing Committee. 5/21/24 1) This bill would authorize a development proponent that submits a preliminary Pass out of the Assembly. 5/15/24 Passed application for a housing development project to request a preliminary fee and exaction Assembly Appropriations Committee. 4/15/24 In estimate and would generally require the local agency to comply with the request to Assembly. Read second time. 3/19/24 In provide the estimate within 10 business days of the submission of the preliminary Assembly Housing and Community Development application, except as specified. From the bill hyperlinked above, "...(b) (1) A Committee. 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 9/19/24 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 housingThis measure adds "special districts" to a new code section in the Public Utilities s code p CSDA: Oppose Unless 3/21/2024, �-r 9/3/24 To Governor for signature. 8/30/24 construction: for the express purpose of limiting Connection and capacity fees to 1 % of the value of Unless Arnen Amended Unless- 6/6/2024 Enrolled. 8/26/24 Passed Senate concurrence. electrical, gas, the development, and requiring they be paid out of over 10 years instead of at the time of Neutral Neutral gid, 8/19/24 Passed Assembly. 6/13/24 Upcoming sewer, and water the delivery of the services. Key language in the measure as linked above; "...For new Neutral hearing date in Assembly Utilities and Energy service housing construction, a connection, capacity, or other point of connection charge from a Committee. 5/21/24 Passed out of Senate. May connections: public utility or special district for electrical, gas, sewer, or water service shall not exceed 2024 extensive amendments remove provisions charges. 1 percent of the reported building permit value of that housing unit. related to the 1 % limit and 10 year financing provisions. 4/22/24 In Senate. Read second time (b) A public utility or special district shall issue any charge described in subdivision (a) and re-referred to Senate Appropriations over a period of at least 10 years commencing on the date when the housing unit is first Committee. Staff concerns on bill language: occupied. If the housing unit is sold before the expiration of that period, the subsequent • A 1 % limit could reduce District's Capacity Fees owners of the housing unit shall continue paying the charge over the remainder of that by around 75% in some cases. Existing period. ratepayers would be left to pick up the difference, creating a situation where new development could A public utility shall prioritize the processing, approval, scheduling, and completion of be subsidized by those existing ratepayers. electrical, gas, sewer, and water service connections to new housing construction over Bills adds a requirement that the Capacity Fee the processing, approval, scheduling, and completion of service connections to all other must be financed over 10 years — from the date of structures. occupancy. Unfortunately, as a sewer district there would be no way of knowing this date. • There don't appear to be any provisions for an interest component to the 10 -year financing. With 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. Central San 2024 Priority Legislative Tracking Sheet as of 9/19/24 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 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 9/9/24 To Governor for signature. 9/4/24 Enrolled. 8/29/24 Passed Senate concurrence. 8/28/24 Passed Assembly. 6/3/24 In Assembly Environmental Safety and Toxic Materials Committee. 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 now. 12 State Haney AB 2751 Employer Highlights from the bill include: Oppose Oppose 4/25/2024 5/16/24 Held in Assembly Appropriations - bill is communications -An employer shall establish a workplace policy that provides employees the right to dead. 4/1/24 Staff review states this will only apply during non- disconnect from communications from the employer during nonworking hours. to unrepresented employees and therefore working hours -Nonworking hours shall be established by written agreement between an employer and burdensome to not be able to reach or contact employee. executive team members after normal working -An employer may contact an employee during nonworking hours for an emergency or for hours. 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.