AENR Bills of Interest
June 16, 2016
AB 45 (Mullin) – Oppose
As Amended January 21, 2016
AB 45, by Assembly Member Kevin Mullin, was rescheduled for hearing on June 29th in the Senate Environmental Quality Committee. The bill was last amended on January 21st. However, conversations with the author and proponents indicate that the bill will most likely be substantially amended to deal specifically with pharmaceutical and sharp take-back programs. It is our understanding that AB 45 may soon be amended to preempt local governments from enacting Extended Producer Responsibility (EPR) ordinances tailored to the needs of individual communities. Amendments are currently not available.
Counties have exhibited leadership on this issue, developing and implementing EPR pharmaceutical programs at the local level that have been upheld by the courts despite numerous challenges from industry. We understand that local governments do have a role to play and would be interested in a broader discussion about what a statewide model ordinance might look like for pharmaceutical and sharps take-back programs. CSAC strongly opposes any preemption of local ordinances in this bill as this conversation and broader stakeholder process has yet to occur.
AB 1239 (Gordon, Atkins) – Support
As Amended June 2, 2016
AB 1239, by Assembly Member Richard Gordon and Speaker Emeritus Atkins, would expand our tire recycling infrastructure and reduce the incentive for illegal dumping of waste tires. AB 1239 will help increase the recycling of tires and the disposal burden on local governments by replicating the incentive payment model that has proven to be successful for several other recycled materials. The bill will direct CalRecycle to develop an incentive payment program that pays directly for recycling, which in turn will allow recyclers to outcompete other end-of-life alternatives. This bill will be heard in the Senate Environmental Quality Committee on June 29.
AB 2693 (Dababneh) – Pending
s Amended June 6, 2016
AB 2693, by Assembly Member Matthew Dababneh, was heard in the Senate Governance and Finance Committee this week. The author accepted additional amendments that would streamline the disclosure components of the bill. AB 2693 would make changes to the Property Assessed Clean Energy (PACE) program. The bill was amended in the Assembly to remove language pertaining to priority lien status. This was a major concern of ours and the genesis of our opposition to this measure. CSAC and the League of Cities (LCC) strongly support greater disclosure and transparency to consumers of PACE products, which will ensure that property owners are better educated about PACE products. We believe recent amendments largely achieve this goal and we will continue to work with the author to fine tune these amendments with the goal of removing our opposition before the next policy committee. This bill has been referred to the Senate Judiciary Committee.
SB 1387 (De Leon) – Concerns
As Amended April 7, 2016
SB 1387, by Senate President Pro Tem Kevin de Leon, would add three public, non-elected members to the South Coast Air Quality Management District (SCAQMD) Governing Board, and creates a process by which the California Air Resources Board (ARB) is required to either 1) approve, or 2) disapprove, revise, and then approve, any plan for, changes to, or rules implementing, a local air district’s market-based incentive program. The SCAQMD Governing Board currently consists of 13 members, where one member each is appointed by the Governor, Senate Rules Committee, and the Speaker of the Assembly, and the other 10 members are appointed by regional government entities in the South Coast Air Basin.
CSAC believes that regional boards should be overwhelmingly comprised of representatives from local communities within the geographic region. Having a disproportionate number of state-appointed members undermines the role and effectiveness of a regional board and provides for less local accountability as appointees are not elected members of that specific region.
Wildlife Conservation Board: Inner Coast Range Program
SB 1396 – Dead
As Amended May 31, 2016
SB 1396, by Senator Lois Wolk, is not moving forward. This measure would have created the Inner Coast Range Program within the Wildlife Conservation Board (WCB). The proposed Inner Coast Range region would have included all or part of the following 13 counties: Colusa, Del Norte, Glenn, Humboldt, Lake, Mendocino, Napa, Shasta, Siskiyou, Solano, Tehama, Trinity and Yolo. CSAC had taken an oppose position to this bill
SB 1318 (Wolk) – Dead
As Amended June 1, 2016
SB 1318, by Senator Lois Wolk, is not moving forward. This bill would have imposed a number of new responsibilities on Local Agency Formation Commissions (LAFCO) to facilitate the provision of safe drinking water and wastewater facilities to disadvantaged unincorporated communities (DUCs). Included among these requirements is a provision that would require LAFCOs to develop and implement accessibility plans that address any existing service inefficiencies or needs within any identified disadvantaged unincorporated community. In addition, the bill as recently amended would require cities and counties to incorporate any adopted accessibility plan into their general plan and any update of the land use element of its general plan. CSAC opposed SB 1318.
AB 2594 (Gordon) – Support
As Amended May 19, 2016
AB 2594, by Assembly Member Rich Gordon, would provide needed clarity to an ambiguous area of law regarding the capture of stormwater by public entities. Specifically, this measure would authorize a public entity that captures stormwater, in accordance with a stormwater resource plan and consistent with a municipal separate storm sewer system permit (MS4 permit) before the water reaches a natural channel to use the captured water.
Regional Water Quality Control Boards are mandating in some areas of the state stormwater capture through NPDES MS4 Permits. Affected counties have expressed concern that these mandates may conflict with existing water rights and place municipalities and counties at risk of litigation from local water agencies if they enforce the stormwater capture terms of their MS4 permits.
CSAC supports AB 2594 because it would provide needed clarification to existing law regarding the capture of stormwater, thus giving counties added assurance that they can move forward with stormwater capture projects that increase local water supply and improve water quality. This measure was passed by the Senate Environmental Quality on Wednesday, June 15.
Delta Levee Maintenance
SB 554 (Wolk) – Support
As Amended January 4, 2016
The Delta levee maintenance subvention program was created by SB 541 in 1973 (Chapter 717, Statutes of 1973). The program has been modified periodically and currently provides reimbursement funds to local agencies for costs incurred in any year for the maintenance or improvement of project or non-project levees. SB 554, by Senator Lois Wolk, would make permanent the state’s 75 percent maximum cost share for Delta levee maintenance costs in excess of $1,000 per mile. This measure was passed by the Assembly Water, Parks and Wildlife Committee on Tuesday, June 14.
AB 2678 (Gray) – Support
As Amended May 31, 2016
AB 2678, by Assembly Member Adam Gray, would provide California’s network of fairs with a portion of the state’s share of sales and use tax revenue generated at fairgrounds. Specifically, it would require taxable sales and purchases within a state designated fair area to be segregated on the sales and use tax return. It also mandates that 30% of the state’s General Fund sales and use tax revenues derived from those segregated sales and purchases be deposited into the Fair and Exposition Fund. The bill also provides that any revenues deposited into the Fund under this bill shall only be allocated to a state-designated fair if non-management employees at that fair, or non-management employees at any real property of that fair that is leased to another party meets specified working conditions. AB 2678 is scheduled to be heard by the Senate Governance and Finance Committee on Wednesday, June 22.