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HomeMy WebLinkAbout09-09-2013 LaPA AgendaOrange County Sanitation District Legislative and Public Affairs Special Committee Monday, September 9, 2013 8:00 A.M. Administration Building Conference Rooms A & B 10844 Ellis Avenue Fountain Valley, CA (714) 593-7130 COMMITTEE MEMBERS: John Anderson, Troy Edgar, John Nielsen, Brad Reese, Joe Shaw, and John Withers AGENDA PLEDGE OF ALLEGIANCE DECLARATION OF QUORUM PUBLIC COMMENTS DISCUSSION ITEMS 1.Committee Meeting Schedule 2.Overview of OCSD’s Current Legislative Program 3.Establishing Committee Goals 4.Federal Advocacy Role 5.Future Agenda Topics and Next Steps ADJOURNMENT: The next Legislative and Public Affairs Special Committee meeting is scheduled for Monday, October 14, 2013, at 8:00 a.m. 09/09/13 Legislative and Public Affairs Special Committee Page 1 of 2 Accommodations for the Disabled: Meeting Rooms are wheelchair accessible. If you require any special disability related accommodations, please contact the Orange County Sanitation District Clerk of the Board’s office at (714) 593-7130 at least 72 hours prior to the scheduled meeting. Requests must specify the nature of the disability and the type of accommodation requested. Agenda Posting: In accordance with the requirements of California Government Code Section 54954.2, this agenda has been posted outside the main gate of the Sanitation District’s Administration Building located at 10844 Ellis Avenue, Fountain Valley, California, not less than 72 hours prior to the meeting date and time above. All public records relating to each agenda item, including any public records distributed less than 72 hours prior to the meeting to all, or a majority of the Board of Directors, are available for public inspection in the office of the Clerk of the Board. NOTICE TO DIRECTORS: To place items on the agenda for the Committee Meeting, items must be submitted to the Clerk of the Board 14 days before the meeting. Maria E. Ayala Clerk of the Board (714) 593-7130 mayala@ocsd.com For any questions on the agenda, Committee members may contact staff at: General Manager James Herberg (714) 593-7110 jherberg@ocsd.com Assistant General Manager Bob Ghirelli (714) 593-7400 rghirelli@ocsd.com 09/09/13 Legislative and Public Affairs Special Committee Page 2 of 2 LEGISLATIVE AND PUBLIC AFFAIRS SPECIAL COMMITTEE Meeting Date09/09/13 AGENDA REPORT Item Number 2 Orange County Sanitation District FROM: James D. Herberg, General Manager Originators: Heather Dion, Townsend Public Affairs SUBJECT: OCSD’s CURRENT LEGISLATIVE PROGRAM GENERAL MANAGER'S RECOMMENDATION Committee may review the District’s current Legislative Program. SUMMARY The District currently has an active legislative affairs program. Staff will provide an overview of the program for the Committee. Attached are current documents supporting the District’s legislative affairs program. ATTACHMENTS •2013 Legislative Platform and Goals •2013 Legislative Platform Informational Brochure •Legislative Update Including Advocacy Plan •NACO Call to Action •OCSD Legislative Matrix – August 2013 •ENS OCSD August 2013 Update •Townsend Monthly Report – August 2013 Page 1 of 1 STEERING COMMITTEE Meeting Date 02/27/13 To Bd. of Dir. 02/27/13 AGENDA REPORT Item Number 3 Item Number 7 Orange County Sanitation District FROM: Nick Kanetis, Director of Engineering Originator: Michael Gold, Public Affairs Manager SUBJECT: 2013 LEGISLATIVE PLATFORM AND GOALS GENERAL MANAGER'S RECOMMENDATION Adopt the 2013 Legislative Platform and Goals. SUMMARY At last month’s Steering Committee, staff presented the draft 2013 Legislative Platform and Goals, and the Committee provided direction and suggestions to staff regarding the program’s direction this year. Staff modified the Platform based on the January 23 discussion. PRIOR COMMITTEE/BOARD ACTIONS Legislative Platform adopted by the Board of Directors, March, 2012. ADDITIONAL INFORMATION Attached to this report is the 2013 Legislative Platform for your consideration. This document guides staff in taking positions on legislation in Sacramento and Washington, D.C. so we can act quickly, when necessary. All bills being tracked by staff are listed in a matrix that is included in the monthly Legislative Report to the Steering Committee. When a bill is controversial or requires additional attention, staff will report these out to the Steering Committee for information or direction. Follow-up to last month’s meeting At the January Steering Committee, Members provided input and suggestions to the goals for the year and directed staff to develop ideas for legislative proposals. As a result, staff modified the goals as follows: •Federal Goals •Actively work with CASA in support of their Federal Legislative program and goals; •Work with Congress and the EPA on the Sunshine on Conflicts Act toensure passage or implement rule changes; Page 1 of 3 ATTACHMENT NO. 1 Return to Agenda Report •Work with Congress on legislative and regulatory changes related to the Clean Water Act, including pursuing extended NPDES permit terms; •Seek Federal Funding for projects, including infrastructure funding, ecosystem restoration and alternative energy projects. •State Goals •Support legislative proposals that streamline environmental regulations,reduce Orange County Sanitation District’s (OCSD) costs, and support policy directions of the Steering Committee, including taking an active role in CEQA reform; •Aggressively protect local property taxes through ongoing meetings and outreach to legislative staff locally and in Sacramento; •Protect OCSD’s interests in reducing pension costs as the StateLegislature considers clean-up legislation to the Public Employee Pension Act of 2012; •Seek state funding through grants and report progress to the SteeringCommittee. The modified goals reflect a more active legislative program, including regular meetings with legislative staff locally and in Sacramento, as well as taking a prominent role in CEQA and pension reform. In addition to these goals staff will: •Have regular meetings and conference calls with legislative advocates to discusspending issues and priorities (through the end of the current contract term); •Receive monthly written reports from advocates (through the end of the current contract term); •Schedule regular meetings with legislative staff to brief them on OCSD’s projects and priorities; •As directed, coordinate trips to Sacramento and Washington, D.C. for Board Members to meet with legislators. Also following the meeting, staff met (or will meet) with the Managers’ Team and the Executive Management Team to get their ideas for policy changes that would benefit OCSD. Staff will report these ideas in March. Staff is requesting adoption of the 2013 Legislative Platform. Page 2 of 3 Return to Agenda Report 2012 Accomplishments Last year, staff met with all the members of the Orange County State delegation to discuss OCSD’s property taxes and how important they are to our operations. We effectively communicated this importance and protected OCSD’s property taxes through the budget process. We also discussed pension reform with legislators and let them know how we were one of the first agencies to implement a two-tier pension system across the board and how OCSD has been a leader in trimming costs. OCSD was also involved in a bill related to bio-cremation and worked with CASA and others to provide valuable information that allowed the bill to move forward. The bill, however, died in the Senate. We were also actively involved in a bill dealing with communicating to the regional water boards. In exchange for dropping the bill, the State Water Resources Control Board changed their own rules to allow for more open communication with Board members. At the Federal level, we worked with CASA and Congressman Miller to advance the Sunshine on Conflicts Act, to more effectively deal with appointments to regional water boards. This bill was the result of meetings in DC attended by the Chair and Vice Chair. We also put pressure on EPA to resolve this issue through the rule-making process. This bill has returned this year with Congressman Miller as its author. CEQA N/A BUDGET/DELEGATION OF AUTHORITY COMPLIANCE N/A ATTACHMENTS The following attachment(s) are provided in hard copy and may also be viewed on-line at the OCSD website (www.ocsd.com) with the complete agenda package: •2013 Legislative Platform (10 pages) MG:JC:jb:gc Page 3 of 3 Return to Agenda Report ATTACHMENT NO. 2 Return to Agenda Report Return to Agenda Report Return to Agenda Report Return to Agenda Report Return to Agenda Report Return to Agenda Report Return to Agenda Report Return to Agenda Report Return to Agenda Report Return to Agenda Report STEERING COMMITTEE Meeting Date 06/26/13 To Bd. of Dir. -- AGENDA REPORT Item Number 2 Item Number -- Orange County Sanitation District FROM: Nick Kanetis, Director of Engineering Originator: Michael Gold, Public Affairs Manager SUBJECT: LEGISLATIVE UPDATE GENERAL MANAGER'S RECOMMENDATION Information Only SUMMARY This report is the monthly legislative update that includes legislative and political information from Washington, D.C. and Sacramento, lobbyists’ activities, and other information. ADDITIONAL INFORMATION Legislative Advocacy Plan As a follow-up to the May meeting, staff developed an aggressive outreach plan to meet the Steering Committee’s objectives for a visible program with greater committee involvement. Staff identified five key issues: 1.Keep the Steering Committee informed and updated on legislative matters To keep the Steering Committee informed on Legislative and funding issues, staff will report monthly on timely issues including key bills, grants and critical legislative issues. In addition, the legislative advocates will give a regular report to the Steering Committee quarterly; either by phone or in person. At least twice per year, contract advocates will attend Steering Committee meetings. Each year staff will hold a legislative planning workshop with the Steering Committee to develop goals and objectives for the coming year. This will be held in December or January with a mid-year update report by staff in August or September. 2.Greater Steering Committee involvement in legislative advocacy The Steering Committee expressed its interest in taking a greater role in legislative advocacy. To meet this goal, staff proposes that in addition to the regular reporting, we will coordinate one to two trips to Sacramento each year to meet with legislators and Page 1 of 10 ATTACHMENT NO. 3 Return to Agenda Report Annual Activities February – March Adoption of Legislative Platform March Advocates’ Updates @ Steering March – April DC Trip 1 May – June Sacramento Trip 1 June Advocates’ Updates @ Steering August – September Advocates’ Updates @ Steering September – October Sacramento Trip 2 DC Trip 2 December Legislative Workshop w/advocates discuss key issues. These trips will occur in May-June and September to coincide with the budget and year-end flurry of bills. In addition, staff will coordinate one to two trips to Washington, D.C. each year to meet with Members of Congress and staff. These trips will occur in March- April and September-October based on issues and the Congressional calendar. 3.Proactively protect OCSD’s property taxes While the State Budget situation has stabilized, the threat of OCSD losing its property taxes remains, particularly as cities and counties struggle to deal with the loss of redevelopment agencies. Staff will aggressively protect OCSD’s property taxes by meeting with legislators and their staff locally and in Sacramento to tell our story how OCSD has trimmed costs and saved tax payer dollars. There are nine state legislators within OCSD’s service area. Staff and the legislative advocates will meet with all the legislators to let them know how we use local property taxes and what we do to support the local economy. 4.Aggressively advocate OCSD’s legislativeInterests During the legislative sessions (throughout the year) staff will proactively identify key legislation that either supports OCSD’s mission or hinders our ability to serve the public. Each month, in addition to the full list of bills we are tracking (the bill matrix) staff, will highlight priority bills and the action we are taking to advocate OCSD’s interests. When appropriate, staff and the lobbyists will request help from the Steering Committee through letters or phone calls. In the meantime, lobbyists and staff will meet regularly with legislators to tell our story and communicate our positions. These interactions will be reported back to the Steering Committee via the monthly report and updates. 5.Seek funding when appropriate In addition to legislative advocacy, the Steering Committee directed staff to seek grant opportunities that are appropriate. This means that funding will line up with projects and not cause heavy administrative or financial burdens on OCSD Staff. Page 2 of 10 Annual Activities February – March Adoption of Legislative Platform March Advocates’ Updates @ Steering March – April DC Trip 1 May – June Sacramento Trip 1 June Advocates’ Updates @ Steering August – September Advocates’ Updates @ Steering September – October Sacramento Trip 2 DC Trip 2 December Legislative Workshop w/advocates Return to Agenda Report Towards that end, staff and the grant consultants will aggressively pursue project funding opportunities and report all grant activity to the Steering Committee monthly. State Legislative Update Legislative Advocates: Christopher Townsend, Heather Dion and Casey Elliott, Townsend Public Affairs (TPA) State Political Update On May 14 the Governor released his May Revise of the proposed state budget for Fiscal Year 2013-14. Overall the May Revise budget proposal assumes the State’s revenues in 2013-14 will be approximately $1 billion less than anticipated in the January budget; it also assumes that the unanticipated revenues that were received in the first quarter of 2013 were one-time in nature and not indicative of a larger ongoing revenue stream. While the budget does assume modest economic growth over the next several years, it also factors in federal actions, such as the recent payroll tax increase and impacts of the sequester cuts, which will have a negative impact on growth. The Governor’s May Revise does propose several significant changes from the January budget. Key items that are included in the May Revise are: targeted investment in K-14 education, state expansion of health care under the Affordable Care Act, and a modification of the state’s economic development program. The month of June will be dominated by budget related activity, as the house of origin deadline for bills was May 31 and the second house deadline is still many weeks away. The bulk of work being done in the Capitol is related to the budget. The Budget Conference committee began meeting on May 31 and is expected to complete their work no later than June 10. While the conference committee will have reviewed all of the items that the Assembly and Senate differed on, there will still be items left to resolve with the Administration, including how to resolve differences in revenue projections between the Governor and Legislature. The Legislature is projected a rosier economic outlook than the Administration, resulting in their budget proposes more spending. The Governor, Assembly Speaker, and Senate Pro Tem will be meeting over the coming days to iron out all of these remaining differences. The current goal is to have a package of budget bills that can be voted on by the Legislature by June 14. This will allow the Legislature to take a vote prior to the constitutional deadline to pass a budget. The Legislature is set to recess for the summer on July 12 and does not return until mid-August. Page 3 of 10 Return to Agenda Report OCSD Legislation of Interest AB 371 (Salas) This has been OCSD’s top bill priority this year and we aggressively opposed this measure allowing Kern County to ban biosolids in certain parts of the County. As we have reported before, this bill would increase the costs of recycling biosolids and potentially even ban our ability to turn biosolids into compost in Kern. Staff met with the Orange County Delegation locally and in Sacramento while the advocates worked with CASAS and others on communicating our opposition. A coalition of Orange County, CASA, San Francisco, Los Angeles City and County fought hard and pushed back a bill that was headed for the Senate. Just a few weeks back, it was all but certain AB 371 would sail through the Assembly and we would have to fight it in the Senate or even at the Governor’s office. After staff and the lobbyists spent a day discussing the bill in Sacramento just days before the May 31 deadline, the bill never made it to the Assembly floor. Currently AB 371 is on the inactive file. Meaning it is a two-year bill and will not be considered until January 2014. AB 690 (Campos) This measure would have amended provisions governing the formation of infrastructure financing districts. Included in these provisions was an elimination of the voter approval requirements, as well as the requirements that special districts opt-in before property tax revenues could be directed to the infrastructure financing district. The Assembly on Local Government Committee received overwhelming opposition to AB 690, arguing that the bill would unfairly divert necessary property tax revenues from districts. In response to the immense amount of opposition, the bill has now been amended to be aligned with current law requiring local agencies' consent prior to property tax revenue diversion for the creation of a Jobs and Infrastructure District (JID) program. OCSD opposes this bill unless amended and we sent letters and spoke to members about the bill before it was heard. The bill was held in the Assembly Committee on Local Government without ever being heard. The measure is not eligible to be considered again until January 2014. SB 785 (Wolk) The bill makes three substantive changes to current law: (1) Lowering, from $2.5 million to $1 million, the value of projects that counties can construct using design-build; (2) Page 4 of 10 Return to Agenda Report Eliminating the sunset dates that would have automatically repealed some statutes authorizing the use of the design-build method; (3) Eliminates the cap on the number of projects that the state can construct using the design-build method for specified types of projects. According to the California Legislative Analyst’s Office, this bill is intended to “…rewrite design- build statutes to eliminate inconsistencies in existing law and consolidate state and local agencies' statutory authority to develop projects using design-build. By consolidating statutes and creating more uniform requirements, SB 785 makes the state laws governing the design- build method clearer, more flexible, and easier to use”. OCSD supports this bill and staff is working with CASA on the bill to keep it moving. The bill passed out of the Senate Governance and Finance committee, but was placed on the Inactive File on the Senate Floor by Senator Wolk. The measure received significant opposition from organized labor and did not have sufficient votes to pass the Floor. The measure will not be eligible for consideration until January 2013. The author expects this to be a two-year bill. SB 691 (Hancock) This bill is intended to narrowly target one-day violations that affect great numbers of individuals affected by air quality violation with higher civil penalties. Senator Hancock stated that current single-day violations of air quality regulations that affect entire communities lack adequate financial consequences. She also stated that having adequate penalties for non-compliance is essential to protecting public health and safety. However, opponents of the bill stated that immensely increasing the penalties would impose a penalty based simply on allegations of annoyance, whether or not the actual emissions are harmful or in violation of an existing permit standard or requirement. OCSD opposes this bill. The bill passed out of the Senate on a 22-15 vote and is now in the Assembly. The measure will likely be heard in an Assembly policy committee in the second half of June. Staff and TPA met with members of the Orange County delegation and members of the Senate Judiciary Committee prior to the measure being heard in the Senate to express the District’s concerns. As a result of our work, Senator Correa opposed the bill on the Senate floor. Staff and TPA have been working with Senator Hancock to amend the bill so that it will not apply to OCSD, but will still accomplish her objectives. On May 24 the measure was amended to exempt nuisance odor violations; however, there is still concern that this Page 5 of 10 Return to Agenda Report language does not go far enough, so TPA will continue to work to further amend the language. The full list of bills being tracked by staff and Townsend Public Affairs is attached. Specific Activities of the Month: •TPA worked to develop a Sacramento Lobbying Day on May 14 and participated with OCSD to discuss priority legislation. •TPA testified in opposition to AB 371 at the Assembly Local Government hearing. •TPA met with numerous legislators prior to AB 371 being considered on the Assembly Floor. •TPA has been working with Senator Hancock’s office to secure amendments forSB 691 that would exclude OCSD from its provisions. •TPA updated the Legislative Matrix for OCSD. •TPA is continually monitoring legislation that could have any potential impact onthe District. Federal Legislative Update Legislative Advocate: Eric Sapirstein, ENS Resources Congress continued to move on spending bills during the past month. The prospect for final fiscal year 2014 spending bills by October 1, 2013 is remote because of differences between the House and Senate budget and spending committees. The challenge is found in the two chambers’ baseline numbers from which the twelve spending bills are drafted. There is a ninety-one billion dollar difference between the two budgets. The House budget is the lower of the two baselines. Complicating matters is the absence of a formal budget conference committee to reconcile differences. Unless a breakthrough occurs in the next few weeks, the House and Senate will proceed to develop their own spending plans without an overall agreement on total spending. In the past, this situation resulted in a drawn out appropriations debate that resulted in the passage of a continuing resolution. This may become the outcome for this year. Another point that vividly illustrates the challenge is the White House took the unusual step of issuing a veto threat on the House spending bills for Homeland Security and Defense before even being passed. This veto threat was made because the spending levels that the Committee on Appropriations approved assume no agreement to avoid a second round of sequestration. Finally, during the past month, we met with the Steering Committee to review our proposed priorities for OCSD, outlining opportunities that may arise in the coming year. WRDA Passes Senate; House Committee Prepares Alternative As expected the Senate provided overwhelming support for renewal of the Water Resources Development Act (83-14). The House Committee on Transportation and Page 6 of 10 Return to Agenda Report Infrastructure is in the process of determining how to proceed with the development of an alternative measure later this summer. The Senate measure, S. 601, is notable for a number of provisions that would devolve project-funded activities to local agency sponsors. For OCSD, this could have a benefit related to the SARI Line relocation and potential demands that OCSD remove riprap that has become a part of the river during the decades of the line being in the riverbed. Because of the questionable benefits of requiring OCSD to remove the riprap (due to the fact that it has become a part of the ecosystem), we initiated discussions with House committee staff on the potential need for clarification on when such actions can or should be mandated. The committee staff has requested that additional information on the background of the issue. As noted in past months, the Senate bill includes a program known as WIFIA. This pilot program would provide for a $50 million loan assistance program. This is similar to the SRF program, but with more lenient loan terms and a focus on large projects to enhance investments in water and wastewater infrastructure. In a troubling move, the provision provides that any project funded with WIFIA assistance is limited to 49% WIFIA funding for the project’s costs. The remaining 51% would be precluded from using tax-exempt bonds. We discussed this matter with the Chairman’s staff. They indicated that this prohibition was necessitated by arcane budget rules that require new program spending cannot increase federal revenue losses. Thus, the prohibition on tax- exempt financings would eliminate the prospect of tax-exempt bonds being issued and avoid revenue loss attributable the tax-exempt nature of the bond interest received. It is assumed that efforts will be taken during conference deliberations later this year or next to delete this prohibition. USEPA Administrator Nominee on Hold Gina McCarthy, the President’s nominee to be USEPA Administrator, received a positive vote from the Committee on Environment and Public Works, but only after a contentious and failed first effort. Republican committee members boycotted the first vote to signal continued frustration over the Administration’s refusal to provide adequate responses to questions raised during McCarthy’s confirmation hearing. Only after committee Chairman Barbara Boxer threaten to invoke procedural rules to allow for a vote without Republican participation did the committee meet and approve the nomination for Senate floor debate and a vote. However, McCarthy continues to have a “hold” on her nomination by a couple of Senators. As a result, it is highly improbable that the Senate will vote on the nomination before the July 4th Recess. Until a vote is taken and McCarthy is presumably approved, Acting Administrator Robert Perciasepe will continue managing the agency. Tax Reform The effort to eliminate or sharply curtail the benefits from tax-exempt funding at the state and local level is continuing to generate concerns that this may not be a political exercise. In the past month, the Senate Committee on Finance released a white paper outlining the findings from a series of hearings into ways to reform the tax code. The Page 7 of 10 Return to Agenda Report paper details the distortion created by such bond financings and cites the value of considering the elimination of the tax exemption, as sought by the administration. If this effort becomes part of the anticipated tax reform legislative initiative, the impacts upon OCSD could be significant. The advocates and staff will continue to closely monitor the issue. We have already sent letters to members of the Orange County Delegation, and we discussed this issue when we were in DC a few months back. We will continue to aggressively advocate our position as details unfold. We are also participating in a U.S. Conference of Mayors stakeholders group to develop strategy to counter efforts to curtail the availability of this financing tool. Climate Resiliency Needs—No Change from Past Month While the Congress continues to avoid any discussion on climate change, the impact of severe storm events and drought continue to attract congressional interest. To that end, two bills have been introduced. The first bill, introduced by Representative Lois Capps (D-CA), is a rewrite of legislation from last Congress. Under the Water Infrastructure Resiliency and Sustainability Act of 2013 (H.R.765 ), USEPA would be required to implement a program to address infrastructure needs to weather climate impacts. The proposed grants program centers on water supply. However, provisions are provided to support improved water quality at municipal utilities and ecosystem protection. Grant assistance would be available on a 50% cost-shared basis. Funding is authorized at $50 million per year for five years. In the Senate, the WRDA rewrite, S. 601, contains a provision to provide $100 million in study assistance to support work to address impacts from storm events and recommend resiliency-related improvements at impacted infrastructure. Sunshine on Conflicts Act (H.R. 836) We continued to advocate for House action on this measure. At a recent House Committee on Transportation and Infrastructure hearing into USEPA’s fiscal year 2014 budget request, a question was posed to the Acting Assistant Administrator of Water about the status of revising the rule governing regional water board appointees. The response that was provided was inconclusive. We contacted USEPA’s Office of Water to follow-up. The agency is trying to determine if it will issue a rule to revise the income restriction test. At the same time, we arranged a meeting between Rep. Miller’s staff and NACWA. At this meeting, Miller’s staff asked NACWA to generate support for the legislation. Rep. Miller’s staff is working with the committee to ascertain when a hearing on the legislation might be scheduled. If this hearing occurs, it would be a prime opportunity for the District to present testimony on behalf of the legislation Page 8 of 10 Return to Agenda Report Senate Poised to Approve Farm Bill The Senate is expected to vote final approval of its version of the Farm Bill, S. 954. The measure is important to OCSD for two primary reasons. First, efforts to rollback a USEPA rule regulating pesticide applications from the air appears unlikely to be voted on. This regulation provides USEPA with the ability to permit such activities under the NPDES program. The prospect of a rollback would have further exposed OCSD and other POTWs to new control mandates related to pesticides in waterways. While such impacts might remain a possibility, the continued ability of the agency to require application conditions and other procedures should enhance an understanding of the transportation and fate of pesticides thereby allowing for more cost effective and appropriate control mandates. The second issue involves the use of agricultural funding assistance to develop collaborative watershed improvement programs between farmers and a POTW. Under the Natural Resources Conservation Service, the Senate bill provides $100 million to support such programs. Alternative Energy and Water Quality The energy water nexus continues to command a significant level of congressional attention. The Senate Committee on Energy and Natural Resources voted and reported the Shaheen-Portman energy efficiency legislation, the Energy Savings and Industrial Competitiveness Act of 2013 (S.761). We are assuming the bill will also be acted upon by the House with the President signing into law later this year. For OCSD, the legislation could provide for additional support for alternative energy priorities as well as any upgrades of technologies to reduce energy costs associated with water quality treatment. Grant Activity As a follow-up to the Tire-derived grant, staff submitted in December, we completed all the necessary paperwork and were notified that we were won the grant and will receive about $21,000 for landscape improvements. This is a reimbursable grant and we have until 2015 to complete the work. Grants activity for the month •We reviewed the 2014 National Coastal Wetlands Conservation Grant for eligibility, but OCSD does not have projects that would qualify for the program. •Staff reviewed the MWD Foundation Access Program for funding water recycling at Plant 2. We determined that based on the criteria, we are not eligible to apply. •Eric Sapirstein and staff are seeking funding to retrofit the Central Generators to meet air quality mandates. The project is estimated to cost about $30 million. •Staff is also working with Sapirstein to seek funding for the removal of rock in the Santa Ana River placed there during heavy storms to protect the SARI line. Page 9 of 10 Return to Agenda Report PRIOR COMMITTEE/BOARD ACTIONS N/A CEQA N/A BUDGET / DELEGATION OF AUTHORITY COMPLIANCE N/A ATTACHMENTS The following attachment(s) are provided in hard copy and may also be viewed on-line at the OCSD website (www.ocsd.com) with the complete agenda package: •OCSD Legislative Matrix (7 Pages) •NACO: Call to Action: Protect Municipal Bonds (14 Pages) Page 10 of 10 Return to Agenda Report ATTACHMENT NO. 4 Return to Agenda Report Return to Agenda Report Return to Agenda Report Return to Agenda Report Return to Agenda Report Return to Agenda Report Return to Agenda Report Return to Agenda Report Return to Agenda Report Return to Agenda Report Return to Agenda Report Return to Agenda Report Return to Agenda Report Return to Agenda Report OCSD Legislative Matrix Updated Friday, August 16, 2013 Total Measures: 16 Total Tracking Forms: 16 AB 21 (Alejo D)   Safe Drinking Water Small Community Emergency Grant Fund. Current Text: Amended: 2/14/2013   pdf html Introduced: 12/3/2012 Last Amend: 2/14/2013 Status: 8/12/2013-In committee: Placed on APPR. suspense file. Location: 8/12/2013-S. APPR. SUSPENSE FILE 2Year Dead Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf. Conc. Enrolled Vetoed Chaptered 1st House 2nd House Summary: Would authorize the Department of Public Health to assess a specified annual charge in lieu of interest on loans for water projects made pursuant to the Safe Drinking Water State Revolving Fund, and deposit that money into the Safe Drinking Water Small Community Emergency Grant Fund, which the bill would create in the State Treasury. The bill would authorize the department to expend the money for grants for specified water projects that serve disadvantaged and severely disadvantaged communities, thereby making an appropriation. Position AB 37 (Perea D)   Unemployment insurance: reporting requirements: status of funds. Current Text: Amended: 8/12/2013   pdf html Introduced: 12/3/2012 Last Amend: 8/12/2013 Status: 8/14/2013-Re-referred to Com. on L. & I.R. Location: 8/14/2013-S. L. & I.R. 2Year Dead Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf. Conc. Enrolled Vetoed Chaptered 1st House 2nd House Summary: Would require the Employment Development Department, whenever the Unemployment Fund indicates a negative balance, to include in the status report on the Unemployment Fund the estimated cost impact on employers from the changes in a specified federal tax credit and the estimated amount the state is expected to pay in interest charges on any outstanding loan to the federal government. Position AB 39 (Skinner D)   Energy: conservation: financial assistance. Current Text: Amended: 6/24/2013   pdf html Introduced: 12/3/2012 Last Amend: 6/24/2013 Status: 8/12/2013-In committee: Placed on APPR. suspense file. Location: 8/12/2013-S. APPR. SUSPENSE FILE 2Year Dead Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf. Conc. Enrolled Vetoed Chaptered 1st House 2nd House Summary: Would extend the operation of the Energy Conservation Assistance Act of 1979 to January 1, 2020, and would thereby make an appropriation by extending the time during which the funds in a continuously appropriated account are made available. Position Support if Amended AB 114 (Salas D)   Proposition 39: implementation: workforce development. Current Text: Amended: 7/9/2013   pdf html Introduced: 1/14/2013 Last Amend: 7/9/2013 Status: 8/14/2013-Action: Set for hearing. Next hearing on 8/19/2013 in S. APPR.. Location: 8/15/2013-S. APPR. 2Year Dead Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf. Conc. Enrolled Vetoed Chaptered 1st House 2nd House Calendar:  8/19/2013  Anticipated Hearing  SENATE APPR., Not in daily file. Summary: Would require the California Workforce Investment Board to require a grant recipient to report to the board specified information. The bill would require the board, after the first year of implementation of the program, to review and assess the program in achieving the job training and workforce development goals, identify problems and barriers, and provide solutions to improve program performance . This bill contains other existing laws. Position Watch AB 426 (Salas D)   Water: water transfers: water right decrees. Current Text: Amended: 4/23/2013   pdf html Introduced: 2/15/2013 Last Amend: 4/23/2013 Status: 8/12/2013-Read second time. Ordered to third reading. Location: 8/12/2013-S. THIRD READING 2Year Dead Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf. Conc. Enrolled Vetoed Chaptered 1st House 2nd House Calendar:  8/19/2013  #164  SENATE ASSEMBLY BILLS-THIRD READING FILE Summary: Under current law, any water right determined under a court decree issued after January 1, 1981, is transferable as specified. This bill would eliminate the requirement that a court decree be issued after January 1, 1981. Position AB 803 (Gomez D)   Water Recycling Act of 2013. Current Text: Amended: 8/12/2013   pdf html Introduced: 2/21/2013 Last Amend: 8/12/2013 Status: 8/12/2013-Read second time and amended. Re-referred to Com. on APPR. Location: 8/12/2013-S. APPR. 2Year Dead Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf. Conc. Enrolled Vetoed Chaptered 1st House 2nd House Calendar:  8/19/2013  Anticipated Hearing  SENATE APPR., Not in daily file. Summary: Current law requires any person who, without regard to intent or negligence, causes or permits any sewage or other waste, or the effluent of treated sewage or other waste, to be discharged in or on any waters of the state, or where it probably will be discharged in or on any waters of the state, to immediately notify the local health officer of the director of environmental health of the discharge, as prescribed. This bill, the Water Recycling Act of 2013, would provide that this notification requirement does not apply to an unauthorized discharge of effluent of treated sewage defined as recycled water, as defined. This bill contains other related provisions and other existing laws. Position Support AB 1140 (Daly D)   Public works: prevailing wages. Current Text: Amended: 5/24/2013   pdf html Introduced: 2/22/2013 Last Amend: 5/24/2013 Status: 8/14/2013-Read second time. Ordered to third reading. Location: 8/14/2013-S. THIRD READING 2Year Dead Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf. Conc. Enrolled Vetoed Chaptered 1st House 2nd House Calendar:  8/19/2013  #249  SENATE ASSEMBLY BILLS-THIRD READING FILE Summary: Would state that if the Director of Industrial Relations determines, within a semiannual period, that there is a change in any prevailing rate of per diem wages in a locality, that determination applies to any public works contract that is awarded or for which notice to bidders is published on or after January 1, 2014. The bill would authorize any contractor, awarding body, or specified representative affected by a change in rates on a particular contract to, within 20 days, file with the director a verified petition to review the determination of that rate, as specified. Position Oppose AB 1336 (Frazier D)   Prevailing wages: payroll records. Current Text: Amended: 6/24/2013   pdf html Introduced: 2/22/2013 Last Amend: 6/24/2013 Status: 8/13/2013-Read second time. Ordered to third reading. Location: 8/13/2013-S. THIRD READING 2Year Dead Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf. Conc. Enrolled Vetoed Chaptered 1st House 2nd House Calendar:  8/19/2013  #205  SENATE ASSEMBLY BILLS-THIRD READING FILE Summary: Current law requires the Labor Commissioner, if the commissioner or his or her designee determines after an investigation that there has been a violation of the public works provisions, to issue a civil wage and penalty assessment to the contractor or subcontractor, or both. This bill would change the deadline for service of the assessment to not later than 18 months after the filing of a valid notice of completion in the office of the county recorder in each county in which the public work or some part thereof was performed, or not later than 18 months after acceptance of the public work, whichever occurs last. The bill would delete the provisions with regard to an assessment served after the expiration of the 180-day period. Position Oppose SB 11 (Pavley D)   Alternative fuel and vehicle technologies: funding programs. Current Text: Amended: 8/6/2013   pdf html Introduced: 12/3/2012 Last Amend: 8/6/2013 Status: 8/13/2013-From committee: Do pass and re-refer to Com. on APPR. (Ayes 6. Noes 2.) (August 12). Re-referred to Com. on APPR. Location: 8/13/2013-A. APPR. 2Year Dead Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf. Conc. Enrolled Vetoed Chaptered 1st House 2nd House Calendar:  8/21/2013  9 a.m. -State Capitol, Room 4202  ASSEMBLY APPROPRIATIONS, GATTO, Chair Summary: Would provide that the State Air Resources Board, until January 1, 2024, has no authority to enforce any element of its existing clean fuels outlet regulation or other regulation that requires or has the effect of requiring any supplier, as defined, to construct, operate, or provide funding for the construction or operation of any publicly available hydrogen-fueling station. The bill would require the board to aggregate and make available to the public, no later than June 30, 2014, and every year thereafter, the number of hydrogen-fueled vehicles that motor vehicle manufacturers project to be sold or leased over the next 3 years, as reported to the state board, and the number of hydrogen- fueled vehicles registered with the Department of Motor Vehicles through April 30. This bill contains other related provisions and other existing laws. Position Support SB 43 (Wolk D)   Electricity: Green Tariff Shared Renewables Program. Current Text: Amended: 8/6/2013   pdf html Introduced: 12/11/2012 Last Amend: 8/6/2013 Status: 8/14/2013-Set, first hearing. Referred to APPR. suspense file. Location: 8/14/2013-A. APPR. SUSPENSE FILE 2Year Dead Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf. Conc. Enrolled Vetoed Chaptered 1st House 2nd House Summary: Would enact the Green Tariff Shared Renewables Program. The program would require a participating utility, defined as being an electrical corporation with 100,000 or more customers in California, to file with the commission an application requesting approval of a green tariff shared renewable program to implement a program enabling rate payers to participate directly in offsite electrical generation facilities that use eligible renewable energy resources, consistent with certain legislative findings and statements of intent. This bill contains other related provisions and other existing laws. Position Watch SB 64 (Corbett D)   California Global Warming Solutions Act of 2006: market-based compliance mechanisms: Clean Technology Investment Account. Current Text: Amended: 6/14/2013   pdf html Introduced: 1/10/2013 Last Amend: 6/14/2013 Status: 8/12/2013-Set, first hearing. Hearing canceled at the request of author. Location: 6/24/2013-A. NAT. RES. 2Year Dead Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf. Conc. Enrolled Vetoed Chaptered 1st House 2nd House Summary: Would create the Clean Technology Investment Account within the Greenhouse Gas Reduction Fund. The bill would require the Legislature to annually appropriate moneys from the Greenhouse Gas Reduction Fund or other funds to the Clean Technology Investment Account in the Budget Act. The bill would make the moneys in the Clean Technology Investment Account available to the state board for the purposes of providing grants to nonprofit public benefit corporations and regional technology alliances to design and implement programs that accelerate the development, demonstration, and deployment by companies and entrepreneurs of transformative technologies that would reduce or have the potential to reduce greenhouse gas emissions and foster job creation in the state, as specified. Position   SB 322 (Hueso D)   Water recycling. Current Text: Amended: 7/3/2013   pdf html Introduced: 2/19/2013 Last Amend: 7/3/2013 Status: 8/13/2013-From committee: Do pass and re-refer to Com. on APPR. with recommendation: To consent calendar. (Ayes 15. Noes 0.) (August 13). Re-referred to Com. on APPR. Location: 8/13/2013-A. APPR. 2Year Dead Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf. Conc. Enrolled Vetoed Chaptered 1st House 2nd House Calendar:  8/21/2013  9 a.m. -State Capitol, Room 4202  ASSEMBLY APPROPRIATIONS, GATTO, Chair Summary: Would require the State Department of Public Health, in consultation with the State Water Resources Control Board, to investigate the feasibility of developing uniform water recycling criteria for direct potable reuse and to provide a final report on that investigation to the Legislature on or before December 31, 2016. This bill would also require the department to complete the public review draft of its report by September 1, 2016. This bill contains other related provisions and other existing laws. Position   SB 436 (Jackson D)   California Environmental Quality Act: notice. Current Text: Amended: 4/3/2013   pdf html Introduced: 2/21/2013 Last Amend: 4/3/2013 Status: 8/8/2013-Ordered to inactive file on request of Assembly Member Atkins. Location: 8/8/2013-A. INACTIVE FILE 2Year Dead Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf. Conc. Enrolled Vetoed Chaptered 1st House 2nd House Summary: Would require a lead agency to conduct at least one public scoping meeting for the specified projects and to provide notice to the specified entities of at least one public scoping meeting. This bill contains other related provisions and other existing laws. Position   SB 633 (Pavley D)   CEQA. Current Text: Amended: 8/6/2013   pdf html Introduced: 2/22/2013 Last Amend: 8/6/2013 Status: 8/14/2013-Set, first hearing. Hearing canceled at the request of author. Location: 8/6/2013-A. APPR. 2Year Dead Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf. Conc. Enrolled Vetoed Chaptered 1st House 2nd House Summary: Would, for purposes of the new information exception to the prohibition on requiring a subsequent or supplemental EIR, specify that the exception applies if new information that becomes available was not known and could not have been known by the lead agency or any responsible agency at the time the EIR was certified as complete. The bill would authorize the office, by July 1, 2015, to draft and transmit to the secretary revisions to the guidelines to include as a categorical exemption projects involving minor temporary uses of land and public gatherings that have been determined not to have a significant effect on the environment. This bill contains other related provisions and other existing laws. Position SB 691 (Hancock D)   Nonvehicular air pollution control: penalties. Current Text: Amended: 8/5/2013   pdf html Introduced: 2/22/2013 Last Amend: 8/5/2013 Status: 8/14/2013-Read second time. Ordered to third reading. Location: 8/14/2013-A. THIRD READING 2Year Dead Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf. Conc. Enrolled Vetoed Chaptered 1st House 2nd House Calendar:  8/19/2013  #122  ASSEMBLY SENATE THIRD READING FILE Summary: Current law, commencing January 1, 2014, prohibits a person from discharging from nonvehicular sources air contaminants or other materials that cause injury, detriment, nuisance, or annoyance to the public, or that endanger the comfort, repose, health, or safety of the public, or that cause injury or damage to business or property, as specified. This bill would make a person who violates this provision liable for a civil penalty of not more than $100,000, as specified, if the violation results from a discharge from a stationary source required by federal law to be included in an operating permit program established pursuant to Title V of the federal Clean Air and the discharge contains or includes one or more toxic air contaminants, as specified . The bill would require that the recovery of a civil penalty under these provisions precludes prosecution of a misdemeanor for the same offense. Position Oppose SB 731 (Steinberg D)   Environment: California Environmental Quality Act. Current Text: Amended: 8/6/2013   pdf html Introduced: 2/22/2013 Last Amend: 8/6/2013 Status: 8/15/2013-From committee: Do pass and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (August 14). Re-referred to Com. on APPR. Location: 8/15/2013-A. APPR. 2Year Dead Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf. Conc. Enrolled Vetoed Chaptered 1st House 2nd House Calendar:  8/21/2013  9 a.m. -State Capitol, Room 4202  ASSEMBLY APPROPRIATIONS, GATTO, Chair Summary: Would provide that aesthetic impacts of a residential, mixed-use residential, or employment center project, as defined, within a transit priority area, as defined, shall not be considered significant impacts on the environment. The bill would require the office to prepare and propose, and the Secretary of the Natural Resources Agency to certify and adopt, revisions to the guidelines for the implementation of CEQA establishing thresholds of significance for noise, and for the transportation and parking impacts of residential, mixed-use residential, or employment center projects within transit priority areas. This bill contains other related provisions and other existing laws. Position Page 1 / 5 ATTACHMENT NO. 5 Return to Agenda Report OCSD Legislative Matrix Updated Friday, August 16, 2013 Total Measures: 16 Total Tracking Forms: 16 AB 21 (Alejo D)   Safe Drinking Water Small Community Emergency Grant Fund.Current Text: Amended: 2/14/2013   pdf htmlIntroduced: 12/3/2012Last Amend: 2/14/2013Status: 8/12/2013-In committee: Placed on APPR. suspense file.Location: 8/12/2013-S. APPR. SUSPENSE FILE2YearDeadDeskPolicyFiscalFloorDeskPolicy Fiscal Floor Conf.Conc.Enrolled Vetoed Chaptered1st House 2nd HouseSummary: Would authorize the Department of Public Health to assess a specified annual charge inlieu of interest on loans for water projects made pursuant to the Safe Drinking Water State RevolvingFund, and deposit that money into the Safe Drinking Water Small Community Emergency Grant Fund,which the bill would create in the State Treasury. The bill would authorize the department to expendthe money for grants for specified water projects that serve disadvantaged and severelydisadvantaged communities, thereby making an appropriation.PositionAB 37 (Perea D)   Unemployment insurance: reporting requirements: status of funds.Current Text: Amended: 8/12/2013   pdf htmlIntroduced: 12/3/2012Last Amend: 8/12/2013Status: 8/14/2013-Re-referred to Com. on L. & I.R.Location: 8/14/2013-S. L. & I.R.2YearDead Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.Conc.Enrolled Vetoed Chaptered1st House 2nd HouseSummary: Would require the Employment Development Department, whenever the UnemploymentFund indicates a negative balance, to include in the status report on the Unemployment Fund theestimated cost impact on employers from the changes in a specified federal tax credit and theestimated amount the state is expected to pay in interest charges on any outstanding loan to thefederal government.PositionAB 39 (Skinner D)   Energy: conservation: financial assistance.Current Text: Amended: 6/24/2013   pdf htmlIntroduced: 12/3/2012Last Amend: 6/24/2013Status: 8/12/2013-In committee: Placed on APPR. suspense file.Location: 8/12/2013-S. APPR. SUSPENSE FILE2YearDeadDeskPolicyFiscalFloorDeskPolicy Fiscal Floor Conf.Conc.Enrolled Vetoed Chaptered1st House 2nd HouseSummary: Would extend the operation of the Energy Conservation Assistance Act of 1979 to January1, 2020, and would thereby make an appropriation by extending the time during which the funds in acontinuously appropriated account are made available.PositionSupport ifAmendedAB 114 (Salas D)   Proposition 39: implementation: workforce development.Current Text: Amended: 7/9/2013   pdf htmlIntroduced: 1/14/2013Last Amend: 7/9/2013Status: 8/14/2013-Action: Set for hearing. Next hearing on 8/19/2013 in S. APPR..Location: 8/15/2013-S. APPR.2Year Dead Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf. Conc. Enrolled Vetoed Chaptered 1st House 2nd House Calendar:  8/19/2013  Anticipated Hearing  SENATE APPR., Not in daily file. Summary: Would require the California Workforce Investment Board to require a grant recipient to report to the board specified information. The bill would require the board, after the first year of implementation of the program, to review and assess the program in achieving the job training and workforce development goals, identify problems and barriers, and provide solutions to improve program performance . This bill contains other existing laws. Position Watch AB 426 (Salas D)   Water: water transfers: water right decrees. Current Text: Amended: 4/23/2013   pdf html Introduced: 2/15/2013 Last Amend: 4/23/2013 Status: 8/12/2013-Read second time. Ordered to third reading. Location: 8/12/2013-S. THIRD READING 2Year Dead Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf. Conc. Enrolled Vetoed Chaptered 1st House 2nd House Calendar:  8/19/2013  #164  SENATE ASSEMBLY BILLS-THIRD READING FILE Summary: Under current law, any water right determined under a court decree issued after January 1, 1981, is transferable as specified. This bill would eliminate the requirement that a court decree be issued after January 1, 1981. Position AB 803 (Gomez D)   Water Recycling Act of 2013. Current Text: Amended: 8/12/2013   pdf html Introduced: 2/21/2013 Last Amend: 8/12/2013 Status: 8/12/2013-Read second time and amended. Re-referred to Com. on APPR. Location: 8/12/2013-S. APPR. 2Year Dead Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf. Conc. Enrolled Vetoed Chaptered 1st House 2nd House Calendar:  8/19/2013  Anticipated Hearing  SENATE APPR., Not in daily file. Summary: Current law requires any person who, without regard to intent or negligence, causes or permits any sewage or other waste, or the effluent of treated sewage or other waste, to be discharged in or on any waters of the state, or where it probably will be discharged in or on any waters of the state, to immediately notify the local health officer of the director of environmental health of the discharge, as prescribed. This bill, the Water Recycling Act of 2013, would provide that this notification requirement does not apply to an unauthorized discharge of effluent of treated sewage defined as recycled water, as defined. This bill contains other related provisions and other existing laws. Position Support AB 1140 (Daly D)   Public works: prevailing wages. Current Text: Amended: 5/24/2013   pdf html Introduced: 2/22/2013 Last Amend: 5/24/2013 Status: 8/14/2013-Read second time. Ordered to third reading. Location: 8/14/2013-S. THIRD READING 2Year Dead Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf. Conc. Enrolled Vetoed Chaptered 1st House 2nd House Calendar:  8/19/2013  #249  SENATE ASSEMBLY BILLS-THIRD READING FILE Summary: Would state that if the Director of Industrial Relations determines, within a semiannual period, that there is a change in any prevailing rate of per diem wages in a locality, that determination applies to any public works contract that is awarded or for which notice to bidders is published on or after January 1, 2014. The bill would authorize any contractor, awarding body, or specified representative affected by a change in rates on a particular contract to, within 20 days, file with the director a verified petition to review the determination of that rate, as specified. Position Oppose AB 1336 (Frazier D)   Prevailing wages: payroll records. Current Text: Amended: 6/24/2013   pdf html Introduced: 2/22/2013 Last Amend: 6/24/2013 Status: 8/13/2013-Read second time. Ordered to third reading. Location: 8/13/2013-S. THIRD READING 2Year Dead Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf. Conc. Enrolled Vetoed Chaptered 1st House 2nd House Calendar:  8/19/2013  #205  SENATE ASSEMBLY BILLS-THIRD READING FILE Summary: Current law requires the Labor Commissioner, if the commissioner or his or her designee determines after an investigation that there has been a violation of the public works provisions, to issue a civil wage and penalty assessment to the contractor or subcontractor, or both. This bill would change the deadline for service of the assessment to not later than 18 months after the filing of a valid notice of completion in the office of the county recorder in each county in which the public work or some part thereof was performed, or not later than 18 months after acceptance of the public work, whichever occurs last. The bill would delete the provisions with regard to an assessment served after the expiration of the 180-day period. Position Oppose SB 11 (Pavley D)   Alternative fuel and vehicle technologies: funding programs. Current Text: Amended: 8/6/2013   pdf html Introduced: 12/3/2012 Last Amend: 8/6/2013 Status: 8/13/2013-From committee: Do pass and re-refer to Com. on APPR. (Ayes 6. Noes 2.) (August 12). Re-referred to Com. on APPR. Location: 8/13/2013-A. APPR. 2Year Dead Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf. Conc. Enrolled Vetoed Chaptered 1st House 2nd House Calendar:  8/21/2013  9 a.m. -State Capitol, Room 4202  ASSEMBLY APPROPRIATIONS, GATTO, Chair Summary: Would provide that the State Air Resources Board, until January 1, 2024, has no authority to enforce any element of its existing clean fuels outlet regulation or other regulation that requires or has the effect of requiring any supplier, as defined, to construct, operate, or provide funding for the construction or operation of any publicly available hydrogen-fueling station. The bill would require the board to aggregate and make available to the public, no later than June 30, 2014, and every year thereafter, the number of hydrogen-fueled vehicles that motor vehicle manufacturers project to be sold or leased over the next 3 years, as reported to the state board, and the number of hydrogen- fueled vehicles registered with the Department of Motor Vehicles through April 30. This bill contains other related provisions and other existing laws. Position Support SB 43 (Wolk D)   Electricity: Green Tariff Shared Renewables Program. Current Text: Amended: 8/6/2013   pdf html Introduced: 12/11/2012 Last Amend: 8/6/2013 Status: 8/14/2013-Set, first hearing. Referred to APPR. suspense file. Location: 8/14/2013-A. APPR. SUSPENSE FILE 2Year Dead Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf. Conc. Enrolled Vetoed Chaptered 1st House 2nd House Summary: Would enact the Green Tariff Shared Renewables Program. The program would require a participating utility, defined as being an electrical corporation with 100,000 or more customers in California, to file with the commission an application requesting approval of a green tariff shared renewable program to implement a program enabling rate payers to participate directly in offsite electrical generation facilities that use eligible renewable energy resources, consistent with certain legislative findings and statements of intent. This bill contains other related provisions and other existing laws. Position Watch SB 64 (Corbett D)   California Global Warming Solutions Act of 2006: market-based compliance mechanisms: Clean Technology Investment Account. Current Text: Amended: 6/14/2013   pdf html Introduced: 1/10/2013 Last Amend: 6/14/2013 Status: 8/12/2013-Set, first hearing. Hearing canceled at the request of author. Location: 6/24/2013-A. NAT. RES. 2Year Dead Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf. Conc. Enrolled Vetoed Chaptered 1st House 2nd House Summary: Would create the Clean Technology Investment Account within the Greenhouse Gas Reduction Fund. The bill would require the Legislature to annually appropriate moneys from the Greenhouse Gas Reduction Fund or other funds to the Clean Technology Investment Account in the Budget Act. The bill would make the moneys in the Clean Technology Investment Account available to the state board for the purposes of providing grants to nonprofit public benefit corporations and regional technology alliances to design and implement programs that accelerate the development, demonstration, and deployment by companies and entrepreneurs of transformative technologies that would reduce or have the potential to reduce greenhouse gas emissions and foster job creation in the state, as specified. Position   SB 322 (Hueso D)   Water recycling. Current Text: Amended: 7/3/2013   pdf html Introduced: 2/19/2013 Last Amend: 7/3/2013 Status: 8/13/2013-From committee: Do pass and re-refer to Com. on APPR. with recommendation: To consent calendar. (Ayes 15. Noes 0.) (August 13). Re-referred to Com. on APPR. Location: 8/13/2013-A. APPR. 2Year Dead Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf. Conc. Enrolled Vetoed Chaptered 1st House 2nd House Calendar:  8/21/2013  9 a.m. -State Capitol, Room 4202  ASSEMBLY APPROPRIATIONS, GATTO, Chair Summary: Would require the State Department of Public Health, in consultation with the State Water Resources Control Board, to investigate the feasibility of developing uniform water recycling criteria for direct potable reuse and to provide a final report on that investigation to the Legislature on or before December 31, 2016. This bill would also require the department to complete the public review draft of its report by September 1, 2016. This bill contains other related provisions and other existing laws. Position   SB 436 (Jackson D)   California Environmental Quality Act: notice. Current Text: Amended: 4/3/2013   pdf html Introduced: 2/21/2013 Last Amend: 4/3/2013 Status: 8/8/2013-Ordered to inactive file on request of Assembly Member Atkins. Location: 8/8/2013-A. INACTIVE FILE 2Year Dead Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf. Conc. Enrolled Vetoed Chaptered 1st House 2nd House Summary: Would require a lead agency to conduct at least one public scoping meeting for the specified projects and to provide notice to the specified entities of at least one public scoping meeting. This bill contains other related provisions and other existing laws. Position   SB 633 (Pavley D)   CEQA. Current Text: Amended: 8/6/2013   pdf html Introduced: 2/22/2013 Last Amend: 8/6/2013 Status: 8/14/2013-Set, first hearing. Hearing canceled at the request of author. Location: 8/6/2013-A. APPR. 2Year Dead Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf. Conc. Enrolled Vetoed Chaptered 1st House 2nd House Summary: Would, for purposes of the new information exception to the prohibition on requiring a subsequent or supplemental EIR, specify that the exception applies if new information that becomes available was not known and could not have been known by the lead agency or any responsible agency at the time the EIR was certified as complete. The bill would authorize the office, by July 1, 2015, to draft and transmit to the secretary revisions to the guidelines to include as a categorical exemption projects involving minor temporary uses of land and public gatherings that have been determined not to have a significant effect on the environment. This bill contains other related provisions and other existing laws. Position SB 691 (Hancock D)   Nonvehicular air pollution control: penalties. Current Text: Amended: 8/5/2013   pdf html Introduced: 2/22/2013 Last Amend: 8/5/2013 Status: 8/14/2013-Read second time. Ordered to third reading. Location: 8/14/2013-A. THIRD READING 2Year Dead Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf. Conc. Enrolled Vetoed Chaptered 1st House 2nd House Calendar:  8/19/2013  #122  ASSEMBLY SENATE THIRD READING FILE Summary: Current law, commencing January 1, 2014, prohibits a person from discharging from nonvehicular sources air contaminants or other materials that cause injury, detriment, nuisance, or annoyance to the public, or that endanger the comfort, repose, health, or safety of the public, or that cause injury or damage to business or property, as specified. This bill would make a person who violates this provision liable for a civil penalty of not more than $100,000, as specified, if the violation results from a discharge from a stationary source required by federal law to be included in an operating permit program established pursuant to Title V of the federal Clean Air and the discharge contains or includes one or more toxic air contaminants, as specified . The bill would require that the recovery of a civil penalty under these provisions precludes prosecution of a misdemeanor for the same offense. Position Oppose SB 731 (Steinberg D)   Environment: California Environmental Quality Act. Current Text: Amended: 8/6/2013   pdf html Introduced: 2/22/2013 Last Amend: 8/6/2013 Status: 8/15/2013-From committee: Do pass and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (August 14). Re-referred to Com. on APPR. Location: 8/15/2013-A. APPR. 2Year Dead Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf. Conc. Enrolled Vetoed Chaptered 1st House 2nd House Calendar:  8/21/2013  9 a.m. -State Capitol, Room 4202  ASSEMBLY APPROPRIATIONS, GATTO, Chair Summary: Would provide that aesthetic impacts of a residential, mixed-use residential, or employment center project, as defined, within a transit priority area, as defined, shall not be considered significant impacts on the environment. The bill would require the office to prepare and propose, and the Secretary of the Natural Resources Agency to certify and adopt, revisions to the guidelines for the implementation of CEQA establishing thresholds of significance for noise, and for the transportation and parking impacts of residential, mixed-use residential, or employment center projects within transit priority areas. This bill contains other related provisions and other existing laws. Position Page 2 / 5 Return to Agenda Report OCSD Legislative Matrix Updated Friday, August 16, 2013 Total Measures: 16 Total Tracking Forms: 16 AB 21 (Alejo D)   Safe Drinking Water Small Community Emergency Grant Fund.Current Text: Amended: 2/14/2013   pdf htmlIntroduced: 12/3/2012Last Amend: 2/14/2013Status: 8/12/2013-In committee: Placed on APPR. suspense file.Location: 8/12/2013-S. APPR. SUSPENSE FILE2YearDeadDeskPolicyFiscalFloorDeskPolicy Fiscal Floor Conf.Conc.Enrolled Vetoed Chaptered1st House 2nd HouseSummary: Would authorize the Department of Public Health to assess a specified annual charge inlieu of interest on loans for water projects made pursuant to the Safe Drinking Water State RevolvingFund, and deposit that money into the Safe Drinking Water Small Community Emergency Grant Fund,which the bill would create in the State Treasury. The bill would authorize the department to expendthe money for grants for specified water projects that serve disadvantaged and severelydisadvantaged communities, thereby making an appropriation.PositionAB 37 (Perea D)   Unemployment insurance: reporting requirements: status of funds.Current Text: Amended: 8/12/2013   pdf htmlIntroduced: 12/3/2012Last Amend: 8/12/2013Status: 8/14/2013-Re-referred to Com. on L. & I.R.Location: 8/14/2013-S. L. & I.R.2YearDead Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.Conc.Enrolled Vetoed Chaptered1st House 2nd HouseSummary: Would require the Employment Development Department, whenever the UnemploymentFund indicates a negative balance, to include in the status report on the Unemployment Fund theestimated cost impact on employers from the changes in a specified federal tax credit and theestimated amount the state is expected to pay in interest charges on any outstanding loan to thefederal government.PositionAB 39 (Skinner D)   Energy: conservation: financial assistance.Current Text: Amended: 6/24/2013   pdf htmlIntroduced: 12/3/2012Last Amend: 6/24/2013Status: 8/12/2013-In committee: Placed on APPR. suspense file.Location: 8/12/2013-S. APPR. SUSPENSE FILE2YearDeadDeskPolicyFiscalFloorDeskPolicy Fiscal Floor Conf.Conc.Enrolled Vetoed Chaptered1st House 2nd HouseSummary: Would extend the operation of the Energy Conservation Assistance Act of 1979 to January1, 2020, and would thereby make an appropriation by extending the time during which the funds in acontinuously appropriated account are made available.PositionSupport ifAmendedAB 114 (Salas D)   Proposition 39: implementation: workforce development.Current Text: Amended: 7/9/2013   pdf htmlIntroduced: 1/14/2013Last Amend: 7/9/2013Status: 8/14/2013-Action: Set for hearing. Next hearing on 8/19/2013 in S. APPR..Location: 8/15/2013-S. APPR.2YearDead Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.Conc.Enrolled Vetoed Chaptered1st House 2nd HouseCalendar:  8/19/2013  Anticipated Hearing  SENATE APPR., Not in daily file. Summary: Would require the California Workforce Investment Board to require a grant recipient toreport to the board specified information. The bill would require the board, after the first year ofimplementation of the program, to review and assess the program in achieving the job training andworkforce development goals, identify problems and barriers, and provide solutions to improveprogram performance . This bill contains other existing laws.PositionWatchAB 426 (Salas D)   Water: water transfers: water right decrees.Current Text: Amended: 4/23/2013   pdf htmlIntroduced: 2/15/2013Last Amend: 4/23/2013Status: 8/12/2013-Read second time. Ordered to third reading.Location: 8/12/2013-S. THIRD READING2YearDeadDeskPolicyFiscalFloorDesk Policy Fiscal Floor Conf.Conc.Enrolled Vetoed Chaptered1st House 2nd HouseCalendar:  8/19/2013  #164  SENATE ASSEMBLY BILLS-THIRD READING FILE Summary: Under current law, any water right determined under a court decree issued after January1, 1981, is transferable as specified. This bill would eliminate the requirement that a court decree beissued after January 1, 1981.PositionAB 803 (Gomez D)   Water Recycling Act of 2013.Current Text: Amended: 8/12/2013   pdf htmlIntroduced: 2/21/2013Last Amend: 8/12/2013Status: 8/12/2013-Read second time and amended. Re-referred to Com. on APPR.Location: 8/12/2013-S. APPR.2YearDead Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.Conc.Enrolled Vetoed Chaptered1st House 2nd HouseCalendar:  8/19/2013  Anticipated Hearing  SENATE APPR., Not in daily file. Summary: Current law requires any person who, without regard to intent or negligence, causes orpermits any sewage or other waste, or the effluent of treated sewage or other waste, to bedischarged in or on any waters of the state, or where it probably will be discharged in or on anywaters of the state, to immediately notify the local health officer of the director of environmentalhealth of the discharge, as prescribed. This bill, the Water Recycling Act of 2013, would provide thatthis notification requirement does not apply to an unauthorized discharge of effluent of treatedsewage defined as recycled water, as defined. This bill contains other related provisions and otherexisting laws.PositionSupportAB 1140 (Daly D)   Public works: prevailing wages.Current Text: Amended: 5/24/2013   pdf htmlIntroduced: 2/22/2013Last Amend: 5/24/2013Status: 8/14/2013-Read second time. Ordered to third reading.Location: 8/14/2013-S. THIRD READING2YearDeadDeskPolicyFiscalFloorDesk Policy Fiscal Floor Conf.Conc.Enrolled Vetoed Chaptered1st House 2nd HouseCalendar:  8/19/2013  #249  SENATE ASSEMBLY BILLS-THIRD READING FILE Summary: Would state that if the Director of Industrial Relations determines, within a semiannualperiod, that there is a change in any prevailing rate of per diem wages in a locality, that determinationapplies to any public works contract that is awarded or for which notice to bidders is published on orafter January 1, 2014. The bill would authorize any contractor, awarding body, or specifiedrepresentative affected by a change in rates on a particular contract to, within 20 days, file with thedirector a verified petition to review the determination of that rate, as specified.PositionOppose AB 1336 (Frazier D)   Prevailing wages: payroll records. Current Text: Amended: 6/24/2013   pdf html Introduced: 2/22/2013 Last Amend: 6/24/2013 Status: 8/13/2013-Read second time. Ordered to third reading. Location: 8/13/2013-S. THIRD READING 2Year Dead Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf. Conc. Enrolled Vetoed Chaptered 1st House 2nd House Calendar:  8/19/2013  #205  SENATE ASSEMBLY BILLS-THIRD READING FILE Summary: Current law requires the Labor Commissioner, if the commissioner or his or her designee determines after an investigation that there has been a violation of the public works provisions, to issue a civil wage and penalty assessment to the contractor or subcontractor, or both. This bill would change the deadline for service of the assessment to not later than 18 months after the filing of a valid notice of completion in the office of the county recorder in each county in which the public work or some part thereof was performed, or not later than 18 months after acceptance of the public work, whichever occurs last. The bill would delete the provisions with regard to an assessment served after the expiration of the 180-day period. Position Oppose SB 11 (Pavley D)   Alternative fuel and vehicle technologies: funding programs. Current Text: Amended: 8/6/2013   pdf html Introduced: 12/3/2012 Last Amend: 8/6/2013 Status: 8/13/2013-From committee: Do pass and re-refer to Com. on APPR. (Ayes 6. Noes 2.) (August 12). Re-referred to Com. on APPR. Location: 8/13/2013-A. APPR. 2Year Dead Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf. Conc. Enrolled Vetoed Chaptered 1st House 2nd House Calendar:  8/21/2013  9 a.m. -State Capitol, Room 4202  ASSEMBLY APPROPRIATIONS, GATTO, Chair Summary: Would provide that the State Air Resources Board, until January 1, 2024, has no authority to enforce any element of its existing clean fuels outlet regulation or other regulation that requires or has the effect of requiring any supplier, as defined, to construct, operate, or provide funding for the construction or operation of any publicly available hydrogen-fueling station. The bill would require the board to aggregate and make available to the public, no later than June 30, 2014, and every year thereafter, the number of hydrogen-fueled vehicles that motor vehicle manufacturers project to be sold or leased over the next 3 years, as reported to the state board, and the number of hydrogen- fueled vehicles registered with the Department of Motor Vehicles through April 30. This bill contains other related provisions and other existing laws. Position Support SB 43 (Wolk D)   Electricity: Green Tariff Shared Renewables Program. Current Text: Amended: 8/6/2013   pdf html Introduced: 12/11/2012 Last Amend: 8/6/2013 Status: 8/14/2013-Set, first hearing. Referred to APPR. suspense file. Location: 8/14/2013-A. APPR. SUSPENSE FILE 2Year Dead Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf. Conc. Enrolled Vetoed Chaptered 1st House 2nd House Summary: Would enact the Green Tariff Shared Renewables Program. The program would require a participating utility, defined as being an electrical corporation with 100,000 or more customers in California, to file with the commission an application requesting approval of a green tariff shared renewable program to implement a program enabling rate payers to participate directly in offsite electrical generation facilities that use eligible renewable energy resources, consistent with certain legislative findings and statements of intent. This bill contains other related provisions and other existing laws. Position Watch SB 64 (Corbett D)   California Global Warming Solutions Act of 2006: market-based compliance mechanisms: Clean Technology Investment Account. Current Text: Amended: 6/14/2013   pdf html Introduced: 1/10/2013 Last Amend: 6/14/2013 Status: 8/12/2013-Set, first hearing. Hearing canceled at the request of author. Location: 6/24/2013-A. NAT. RES. 2Year Dead Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf. Conc. Enrolled Vetoed Chaptered 1st House 2nd House Summary: Would create the Clean Technology Investment Account within the Greenhouse Gas Reduction Fund. The bill would require the Legislature to annually appropriate moneys from the Greenhouse Gas Reduction Fund or other funds to the Clean Technology Investment Account in the Budget Act. The bill would make the moneys in the Clean Technology Investment Account available to the state board for the purposes of providing grants to nonprofit public benefit corporations and regional technology alliances to design and implement programs that accelerate the development, demonstration, and deployment by companies and entrepreneurs of transformative technologies that would reduce or have the potential to reduce greenhouse gas emissions and foster job creation in the state, as specified. Position   SB 322 (Hueso D)   Water recycling. Current Text: Amended: 7/3/2013   pdf html Introduced: 2/19/2013 Last Amend: 7/3/2013 Status: 8/13/2013-From committee: Do pass and re-refer to Com. on APPR. with recommendation: To consent calendar. (Ayes 15. Noes 0.) (August 13). Re-referred to Com. on APPR. Location: 8/13/2013-A. APPR. 2Year Dead Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf. Conc. Enrolled Vetoed Chaptered 1st House 2nd House Calendar:  8/21/2013  9 a.m. -State Capitol, Room 4202  ASSEMBLY APPROPRIATIONS, GATTO, Chair Summary: Would require the State Department of Public Health, in consultation with the State Water Resources Control Board, to investigate the feasibility of developing uniform water recycling criteria for direct potable reuse and to provide a final report on that investigation to the Legislature on or before December 31, 2016. This bill would also require the department to complete the public review draft of its report by September 1, 2016. This bill contains other related provisions and other existing laws. Position   SB 436 (Jackson D)   California Environmental Quality Act: notice. Current Text: Amended: 4/3/2013   pdf html Introduced: 2/21/2013 Last Amend: 4/3/2013 Status: 8/8/2013-Ordered to inactive file on request of Assembly Member Atkins. Location: 8/8/2013-A. INACTIVE FILE 2Year Dead Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf. Conc. Enrolled Vetoed Chaptered 1st House 2nd House Summary: Would require a lead agency to conduct at least one public scoping meeting for the specified projects and to provide notice to the specified entities of at least one public scoping meeting. This bill contains other related provisions and other existing laws. Position   SB 633 (Pavley D)   CEQA. Current Text: Amended: 8/6/2013   pdf html Introduced: 2/22/2013 Last Amend: 8/6/2013 Status: 8/14/2013-Set, first hearing. Hearing canceled at the request of author. Location: 8/6/2013-A. APPR. 2Year Dead Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf. Conc. Enrolled Vetoed Chaptered 1st House 2nd House Summary: Would, for purposes of the new information exception to the prohibition on requiring a subsequent or supplemental EIR, specify that the exception applies if new information that becomes available was not known and could not have been known by the lead agency or any responsible agency at the time the EIR was certified as complete. The bill would authorize the office, by July 1, 2015, to draft and transmit to the secretary revisions to the guidelines to include as a categorical exemption projects involving minor temporary uses of land and public gatherings that have been determined not to have a significant effect on the environment. This bill contains other related provisions and other existing laws. Position SB 691 (Hancock D)   Nonvehicular air pollution control: penalties. Current Text: Amended: 8/5/2013   pdf html Introduced: 2/22/2013 Last Amend: 8/5/2013 Status: 8/14/2013-Read second time. Ordered to third reading. Location: 8/14/2013-A. THIRD READING 2Year Dead Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf. Conc. Enrolled Vetoed Chaptered 1st House 2nd House Calendar:  8/19/2013  #122  ASSEMBLY SENATE THIRD READING FILE Summary: Current law, commencing January 1, 2014, prohibits a person from discharging from nonvehicular sources air contaminants or other materials that cause injury, detriment, nuisance, or annoyance to the public, or that endanger the comfort, repose, health, or safety of the public, or that cause injury or damage to business or property, as specified. This bill would make a person who violates this provision liable for a civil penalty of not more than $100,000, as specified, if the violation results from a discharge from a stationary source required by federal law to be included in an operating permit program established pursuant to Title V of the federal Clean Air and the discharge contains or includes one or more toxic air contaminants, as specified . The bill would require that the recovery of a civil penalty under these provisions precludes prosecution of a misdemeanor for the same offense. Position Oppose SB 731 (Steinberg D)   Environment: California Environmental Quality Act. Current Text: Amended: 8/6/2013   pdf html Introduced: 2/22/2013 Last Amend: 8/6/2013 Status: 8/15/2013-From committee: Do pass and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (August 14). Re-referred to Com. on APPR. Location: 8/15/2013-A. APPR. 2Year Dead Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf. Conc. Enrolled Vetoed Chaptered 1st House 2nd House Calendar:  8/21/2013  9 a.m. -State Capitol, Room 4202  ASSEMBLY APPROPRIATIONS, GATTO, Chair Summary: Would provide that aesthetic impacts of a residential, mixed-use residential, or employment center project, as defined, within a transit priority area, as defined, shall not be considered significant impacts on the environment. The bill would require the office to prepare and propose, and the Secretary of the Natural Resources Agency to certify and adopt, revisions to the guidelines for the implementation of CEQA establishing thresholds of significance for noise, and for the transportation and parking impacts of residential, mixed-use residential, or employment center projects within transit priority areas. This bill contains other related provisions and other existing laws. Position Page 3 / 5 Return to Agenda Report OCSD Legislative Matrix Updated Friday, August 16, 2013 Total Measures: 16 Total Tracking Forms: 16 AB 21 (Alejo D)   Safe Drinking Water Small Community Emergency Grant Fund.Current Text: Amended: 2/14/2013   pdf htmlIntroduced: 12/3/2012Last Amend: 2/14/2013Status: 8/12/2013-In committee: Placed on APPR. suspense file.Location: 8/12/2013-S. APPR. SUSPENSE FILE2YearDeadDeskPolicyFiscalFloorDeskPolicy Fiscal Floor Conf.Conc.Enrolled Vetoed Chaptered1st House 2nd HouseSummary: Would authorize the Department of Public Health to assess a specified annual charge inlieu of interest on loans for water projects made pursuant to the Safe Drinking Water State RevolvingFund, and deposit that money into the Safe Drinking Water Small Community Emergency Grant Fund,which the bill would create in the State Treasury. The bill would authorize the department to expendthe money for grants for specified water projects that serve disadvantaged and severelydisadvantaged communities, thereby making an appropriation.PositionAB 37 (Perea D)   Unemployment insurance: reporting requirements: status of funds.Current Text: Amended: 8/12/2013   pdf htmlIntroduced: 12/3/2012Last Amend: 8/12/2013Status: 8/14/2013-Re-referred to Com. on L. & I.R.Location: 8/14/2013-S. L. & I.R.2YearDead Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.Conc.Enrolled Vetoed Chaptered1st House 2nd HouseSummary: Would require the Employment Development Department, whenever the UnemploymentFund indicates a negative balance, to include in the status report on the Unemployment Fund theestimated cost impact on employers from the changes in a specified federal tax credit and theestimated amount the state is expected to pay in interest charges on any outstanding loan to thefederal government.PositionAB 39 (Skinner D)   Energy: conservation: financial assistance.Current Text: Amended: 6/24/2013   pdf htmlIntroduced: 12/3/2012Last Amend: 6/24/2013Status: 8/12/2013-In committee: Placed on APPR. suspense file.Location: 8/12/2013-S. APPR. SUSPENSE FILE2YearDeadDeskPolicyFiscalFloorDeskPolicy Fiscal Floor Conf.Conc.Enrolled Vetoed Chaptered1st House 2nd HouseSummary: Would extend the operation of the Energy Conservation Assistance Act of 1979 to January1, 2020, and would thereby make an appropriation by extending the time during which the funds in acontinuously appropriated account are made available.PositionSupport ifAmendedAB 114 (Salas D)   Proposition 39: implementation: workforce development.Current Text: Amended: 7/9/2013   pdf htmlIntroduced: 1/14/2013Last Amend: 7/9/2013Status: 8/14/2013-Action: Set for hearing. Next hearing on 8/19/2013 in S. APPR..Location: 8/15/2013-S. APPR.2YearDead Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.Conc.Enrolled Vetoed Chaptered1st House 2nd HouseCalendar:  8/19/2013  Anticipated Hearing  SENATE APPR., Not in daily file. Summary: Would require the California Workforce Investment Board to require a grant recipient toreport to the board specified information. The bill would require the board, after the first year ofimplementation of the program, to review and assess the program in achieving the job training andworkforce development goals, identify problems and barriers, and provide solutions to improveprogram performance . This bill contains other existing laws.PositionWatchAB 426 (Salas D)   Water: water transfers: water right decrees.Current Text: Amended: 4/23/2013   pdf htmlIntroduced: 2/15/2013Last Amend: 4/23/2013Status: 8/12/2013-Read second time. Ordered to third reading.Location: 8/12/2013-S. THIRD READING2YearDeadDeskPolicyFiscalFloorDesk Policy Fiscal Floor Conf.Conc.Enrolled Vetoed Chaptered1st House 2nd HouseCalendar:  8/19/2013  #164  SENATE ASSEMBLY BILLS-THIRD READING FILE Summary: Under current law, any water right determined under a court decree issued after January1, 1981, is transferable as specified. This bill would eliminate the requirement that a court decree beissued after January 1, 1981.PositionAB 803 (Gomez D)   Water Recycling Act of 2013.Current Text: Amended: 8/12/2013   pdf htmlIntroduced: 2/21/2013Last Amend: 8/12/2013Status: 8/12/2013-Read second time and amended. Re-referred to Com. on APPR.Location: 8/12/2013-S. APPR.2YearDead Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.Conc.Enrolled Vetoed Chaptered1st House 2nd HouseCalendar:  8/19/2013  Anticipated Hearing  SENATE APPR., Not in daily file. Summary: Current law requires any person who, without regard to intent or negligence, causes orpermits any sewage or other waste, or the effluent of treated sewage or other waste, to bedischarged in or on any waters of the state, or where it probably will be discharged in or on anywaters of the state, to immediately notify the local health officer of the director of environmentalhealth of the discharge, as prescribed. This bill, the Water Recycling Act of 2013, would provide thatthis notification requirement does not apply to an unauthorized discharge of effluent of treatedsewage defined as recycled water, as defined. This bill contains other related provisions and otherexisting laws.PositionSupportAB 1140 (Daly D)   Public works: prevailing wages.Current Text: Amended: 5/24/2013   pdf htmlIntroduced: 2/22/2013Last Amend: 5/24/2013Status: 8/14/2013-Read second time. Ordered to third reading.Location: 8/14/2013-S. THIRD READING2YearDeadDeskPolicyFiscalFloorDesk Policy Fiscal Floor Conf.Conc.Enrolled Vetoed Chaptered1st House 2nd HouseCalendar:  8/19/2013  #249  SENATE ASSEMBLY BILLS-THIRD READING FILE Summary: Would state that if the Director of Industrial Relations determines, within a semiannualperiod, that there is a change in any prevailing rate of per diem wages in a locality, that determinationapplies to any public works contract that is awarded or for which notice to bidders is published on orafter January 1, 2014. The bill would authorize any contractor, awarding body, or specifiedrepresentative affected by a change in rates on a particular contract to, within 20 days, file with thedirector a verified petition to review the determination of that rate, as specified.PositionOpposeAB 1336 (Frazier D)   Prevailing wages: payroll records.Current Text: Amended: 6/24/2013   pdf htmlIntroduced: 2/22/2013Last Amend: 6/24/2013Status: 8/13/2013-Read second time. Ordered to third reading.Location: 8/13/2013-S. THIRD READING2YearDeadDeskPolicyFiscalFloorDesk Policy Fiscal Floor Conf.Conc.Enrolled Vetoed Chaptered1st House 2nd HouseCalendar:  8/19/2013  #205  SENATE ASSEMBLY BILLS-THIRD READING FILE Summary: Current law requires the Labor Commissioner, if the commissioner or his or her designeedetermines after an investigation that there has been a violation of the public works provisions, toissue a civil wage and penalty assessment to the contractor or subcontractor, or both. This bill wouldchange the deadline for service of the assessment to not later than 18 months after the filing of avalid notice of completion in the office of the county recorder in each county in which the public work orsome part thereof was performed, or not later than 18 months after acceptance of the public work,whichever occurs last. The bill would delete the provisions with regard to an assessment served afterthe expiration of the 180-day period.PositionOpposeSB 11 (Pavley D)   Alternative fuel and vehicle technologies: funding programs.Current Text: Amended: 8/6/2013   pdf htmlIntroduced: 12/3/2012Last Amend: 8/6/2013Status: 8/13/2013-From committee: Do pass and re-refer to Com. on APPR. (Ayes 6. Noes 2.) (August12). Re-referred to Com. on APPR.Location: 8/13/2013-A. APPR.2YearDead Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.Conc.Enrolled Vetoed Chaptered1st House 2nd HouseCalendar:  8/21/2013  9 a.m. -State Capitol, Room 4202  ASSEMBLY APPROPRIATIONS, GATTO, Chair Summary: Would provide that the State Air Resources Board, until January 1, 2024, has no authorityto enforce any element of its existing clean fuels outlet regulation or other regulation that requires orhas the effect of requiring any supplier, as defined, to construct, operate, or provide funding for theconstruction or operation of any publicly available hydrogen-fueling station. The bill would require theboard to aggregate and make available to the public, no later than June 30, 2014, and every yearthereafter, the number of hydrogen-fueled vehicles that motor vehicle manufacturers project to besold or leased over the next 3 years, as reported to the state board, and the number of hydrogen-fueled vehicles registered with the Department of Motor Vehicles through April 30. This bill containsother related provisions and other existing laws.PositionSupportSB 43 (Wolk D)   Electricity: Green Tariff Shared Renewables Program.Current Text: Amended: 8/6/2013   pdf htmlIntroduced: 12/11/2012Last Amend: 8/6/2013Status: 8/14/2013-Set, first hearing. Referred to APPR. suspense file.Location: 8/14/2013-A. APPR. SUSPENSE FILE2YearDeadDeskPolicyFiscalFloorDeskPolicy Fiscal Floor Conf.Conc.Enrolled Vetoed Chaptered1st House 2nd HouseSummary: Would enact the Green Tariff Shared Renewables Program. The program would require aparticipating utility, defined as being an electrical corporation with 100,000 or more customers inCalifornia, to file with the commission an application requesting approval of a green tariff sharedrenewable program to implement a program enabling rate payers to participate directly in offsiteelectrical generation facilities that use eligible renewable energy resources, consistent with certainlegislative findings and statements of intent. This bill contains other related provisions and otherexisting laws.PositionWatchSB 64 (Corbett D)   California Global Warming Solutions Act of 2006: market-based compliancemechanisms: Clean Technology Investment Account. Current Text: Amended: 6/14/2013   pdf html Introduced: 1/10/2013 Last Amend: 6/14/2013 Status: 8/12/2013-Set, first hearing. Hearing canceled at the request of author. Location: 6/24/2013-A. NAT. RES. 2Year Dead Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf. Conc. Enrolled Vetoed Chaptered 1st House 2nd House Summary: Would create the Clean Technology Investment Account within the Greenhouse Gas Reduction Fund. The bill would require the Legislature to annually appropriate moneys from the Greenhouse Gas Reduction Fund or other funds to the Clean Technology Investment Account in the Budget Act. The bill would make the moneys in the Clean Technology Investment Account available to the state board for the purposes of providing grants to nonprofit public benefit corporations and regional technology alliances to design and implement programs that accelerate the development, demonstration, and deployment by companies and entrepreneurs of transformative technologies that would reduce or have the potential to reduce greenhouse gas emissions and foster job creation in the state, as specified. Position   SB 322 (Hueso D)   Water recycling. Current Text: Amended: 7/3/2013   pdf html Introduced: 2/19/2013 Last Amend: 7/3/2013 Status: 8/13/2013-From committee: Do pass and re-refer to Com. on APPR. with recommendation: To consent calendar. (Ayes 15. Noes 0.) (August 13). Re-referred to Com. on APPR. Location: 8/13/2013-A. APPR. 2Year Dead Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf. Conc. Enrolled Vetoed Chaptered 1st House 2nd House Calendar:  8/21/2013  9 a.m. -State Capitol, Room 4202  ASSEMBLY APPROPRIATIONS, GATTO, Chair Summary: Would require the State Department of Public Health, in consultation with the State Water Resources Control Board, to investigate the feasibility of developing uniform water recycling criteria for direct potable reuse and to provide a final report on that investigation to the Legislature on or before December 31, 2016. This bill would also require the department to complete the public review draft of its report by September 1, 2016. This bill contains other related provisions and other existing laws. Position   SB 436 (Jackson D)   California Environmental Quality Act: notice. Current Text: Amended: 4/3/2013   pdf html Introduced: 2/21/2013 Last Amend: 4/3/2013 Status: 8/8/2013-Ordered to inactive file on request of Assembly Member Atkins. Location: 8/8/2013-A. INACTIVE FILE 2Year Dead Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf. Conc. Enrolled Vetoed Chaptered 1st House 2nd House Summary: Would require a lead agency to conduct at least one public scoping meeting for the specified projects and to provide notice to the specified entities of at least one public scoping meeting. This bill contains other related provisions and other existing laws. Position   SB 633 (Pavley D)   CEQA. Current Text: Amended: 8/6/2013   pdf html Introduced: 2/22/2013 Last Amend: 8/6/2013 Status: 8/14/2013-Set, first hearing. Hearing canceled at the request of author. Location: 8/6/2013-A. APPR. 2Year Dead Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf. Conc. Enrolled Vetoed Chaptered 1st House 2nd House Summary: Would, for purposes of the new information exception to the prohibition on requiring a subsequent or supplemental EIR, specify that the exception applies if new information that becomes available was not known and could not have been known by the lead agency or any responsible agency at the time the EIR was certified as complete. The bill would authorize the office, by July 1, 2015, to draft and transmit to the secretary revisions to the guidelines to include as a categorical exemption projects involving minor temporary uses of land and public gatherings that have been determined not to have a significant effect on the environment. This bill contains other related provisions and other existing laws. Position SB 691 (Hancock D)   Nonvehicular air pollution control: penalties. Current Text: Amended: 8/5/2013   pdf html Introduced: 2/22/2013 Last Amend: 8/5/2013 Status: 8/14/2013-Read second time. Ordered to third reading. Location: 8/14/2013-A. THIRD READING 2Year Dead Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf. Conc. Enrolled Vetoed Chaptered 1st House 2nd House Calendar:  8/19/2013  #122  ASSEMBLY SENATE THIRD READING FILE Summary: Current law, commencing January 1, 2014, prohibits a person from discharging from nonvehicular sources air contaminants or other materials that cause injury, detriment, nuisance, or annoyance to the public, or that endanger the comfort, repose, health, or safety of the public, or that cause injury or damage to business or property, as specified. This bill would make a person who violates this provision liable for a civil penalty of not more than $100,000, as specified, if the violation results from a discharge from a stationary source required by federal law to be included in an operating permit program established pursuant to Title V of the federal Clean Air and the discharge contains or includes one or more toxic air contaminants, as specified . The bill would require that the recovery of a civil penalty under these provisions precludes prosecution of a misdemeanor for the same offense. Position Oppose SB 731 (Steinberg D)   Environment: California Environmental Quality Act. Current Text: Amended: 8/6/2013   pdf html Introduced: 2/22/2013 Last Amend: 8/6/2013 Status: 8/15/2013-From committee: Do pass and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (August 14). Re-referred to Com. on APPR. Location: 8/15/2013-A. APPR. 2Year Dead Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf. Conc. Enrolled Vetoed Chaptered 1st House 2nd House Calendar:  8/21/2013  9 a.m. -State Capitol, Room 4202  ASSEMBLY APPROPRIATIONS, GATTO, Chair Summary: Would provide that aesthetic impacts of a residential, mixed-use residential, or employment center project, as defined, within a transit priority area, as defined, shall not be considered significant impacts on the environment. The bill would require the office to prepare and propose, and the Secretary of the Natural Resources Agency to certify and adopt, revisions to the guidelines for the implementation of CEQA establishing thresholds of significance for noise, and for the transportation and parking impacts of residential, mixed-use residential, or employment center projects within transit priority areas. This bill contains other related provisions and other existing laws. Position Page 4 / 5 Return to Agenda Report OCSD Legislative Matrix Updated Friday, August 16, 2013 Total Measures: 16 Total Tracking Forms: 16 AB 21 (Alejo D)   Safe Drinking Water Small Community Emergency Grant Fund.Current Text: Amended: 2/14/2013   pdf htmlIntroduced: 12/3/2012Last Amend: 2/14/2013Status: 8/12/2013-In committee: Placed on APPR. suspense file.Location: 8/12/2013-S. APPR. SUSPENSE FILE2YearDeadDeskPolicyFiscalFloorDeskPolicy Fiscal Floor Conf.Conc.Enrolled Vetoed Chaptered1st House 2nd HouseSummary: Would authorize the Department of Public Health to assess a specified annual charge inlieu of interest on loans for water projects made pursuant to the Safe Drinking Water State RevolvingFund, and deposit that money into the Safe Drinking Water Small Community Emergency Grant Fund,which the bill would create in the State Treasury. The bill would authorize the department to expendthe money for grants for specified water projects that serve disadvantaged and severelydisadvantaged communities, thereby making an appropriation.PositionAB 37 (Perea D)   Unemployment insurance: reporting requirements: status of funds.Current Text: Amended: 8/12/2013   pdf htmlIntroduced: 12/3/2012Last Amend: 8/12/2013Status: 8/14/2013-Re-referred to Com. on L. & I.R.Location: 8/14/2013-S. L. & I.R.2YearDead Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.Conc.Enrolled Vetoed Chaptered1st House 2nd HouseSummary: Would require the Employment Development Department, whenever the UnemploymentFund indicates a negative balance, to include in the status report on the Unemployment Fund theestimated cost impact on employers from the changes in a specified federal tax credit and theestimated amount the state is expected to pay in interest charges on any outstanding loan to thefederal government.PositionAB 39 (Skinner D)   Energy: conservation: financial assistance.Current Text: Amended: 6/24/2013   pdf htmlIntroduced: 12/3/2012Last Amend: 6/24/2013Status: 8/12/2013-In committee: Placed on APPR. suspense file.Location: 8/12/2013-S. APPR. SUSPENSE FILE2YearDeadDeskPolicyFiscalFloorDeskPolicy Fiscal Floor Conf.Conc.Enrolled Vetoed Chaptered1st House 2nd HouseSummary: Would extend the operation of the Energy Conservation Assistance Act of 1979 to January1, 2020, and would thereby make an appropriation by extending the time during which the funds in acontinuously appropriated account are made available.PositionSupport ifAmendedAB 114 (Salas D)   Proposition 39: implementation: workforce development.Current Text: Amended: 7/9/2013   pdf htmlIntroduced: 1/14/2013Last Amend: 7/9/2013Status: 8/14/2013-Action: Set for hearing. Next hearing on 8/19/2013 in S. APPR..Location: 8/15/2013-S. APPR.2YearDead Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.Conc.Enrolled Vetoed Chaptered1st House 2nd HouseCalendar:  8/19/2013  Anticipated Hearing  SENATE APPR., Not in daily file. Summary: Would require the California Workforce Investment Board to require a grant recipient toreport to the board specified information. The bill would require the board, after the first year ofimplementation of the program, to review and assess the program in achieving the job training andworkforce development goals, identify problems and barriers, and provide solutions to improveprogram performance . This bill contains other existing laws.PositionWatchAB 426 (Salas D)   Water: water transfers: water right decrees.Current Text: Amended: 4/23/2013   pdf htmlIntroduced: 2/15/2013Last Amend: 4/23/2013Status: 8/12/2013-Read second time. Ordered to third reading.Location: 8/12/2013-S. THIRD READING2YearDeadDeskPolicyFiscalFloorDesk Policy Fiscal Floor Conf.Conc.Enrolled Vetoed Chaptered1st House 2nd HouseCalendar:  8/19/2013  #164  SENATE ASSEMBLY BILLS-THIRD READING FILE Summary: Under current law, any water right determined under a court decree issued after January1, 1981, is transferable as specified. This bill would eliminate the requirement that a court decree beissued after January 1, 1981.PositionAB 803 (Gomez D)   Water Recycling Act of 2013.Current Text: Amended: 8/12/2013   pdf htmlIntroduced: 2/21/2013Last Amend: 8/12/2013Status: 8/12/2013-Read second time and amended. Re-referred to Com. on APPR.Location: 8/12/2013-S. APPR.2YearDead Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.Conc.Enrolled Vetoed Chaptered1st House 2nd HouseCalendar:  8/19/2013  Anticipated Hearing  SENATE APPR., Not in daily file. Summary: Current law requires any person who, without regard to intent or negligence, causes orpermits any sewage or other waste, or the effluent of treated sewage or other waste, to bedischarged in or on any waters of the state, or where it probably will be discharged in or on anywaters of the state, to immediately notify the local health officer of the director of environmentalhealth of the discharge, as prescribed. This bill, the Water Recycling Act of 2013, would provide thatthis notification requirement does not apply to an unauthorized discharge of effluent of treatedsewage defined as recycled water, as defined. This bill contains other related provisions and otherexisting laws.PositionSupportAB 1140 (Daly D)   Public works: prevailing wages.Current Text: Amended: 5/24/2013   pdf htmlIntroduced: 2/22/2013Last Amend: 5/24/2013Status: 8/14/2013-Read second time. Ordered to third reading.Location: 8/14/2013-S. THIRD READING2YearDeadDeskPolicyFiscalFloorDesk Policy Fiscal Floor Conf.Conc.Enrolled Vetoed Chaptered1st House 2nd HouseCalendar:  8/19/2013  #249  SENATE ASSEMBLY BILLS-THIRD READING FILE Summary: Would state that if the Director of Industrial Relations determines, within a semiannualperiod, that there is a change in any prevailing rate of per diem wages in a locality, that determinationapplies to any public works contract that is awarded or for which notice to bidders is published on orafter January 1, 2014. The bill would authorize any contractor, awarding body, or specifiedrepresentative affected by a change in rates on a particular contract to, within 20 days, file with thedirector a verified petition to review the determination of that rate, as specified.PositionOpposeAB 1336 (Frazier D)   Prevailing wages: payroll records.Current Text: Amended: 6/24/2013   pdf htmlIntroduced: 2/22/2013Last Amend: 6/24/2013Status: 8/13/2013-Read second time. Ordered to third reading.Location: 8/13/2013-S. THIRD READING2YearDeadDeskPolicyFiscalFloorDesk Policy Fiscal Floor Conf.Conc.Enrolled Vetoed Chaptered1st House 2nd HouseCalendar:  8/19/2013  #205  SENATE ASSEMBLY BILLS-THIRD READING FILE Summary: Current law requires the Labor Commissioner, if the commissioner or his or her designeedetermines after an investigation that there has been a violation of the public works provisions, toissue a civil wage and penalty assessment to the contractor or subcontractor, or both. This bill wouldchange the deadline for service of the assessment to not later than 18 months after the filing of avalid notice of completion in the office of the county recorder in each county in which the public work orsome part thereof was performed, or not later than 18 months after acceptance of the public work,whichever occurs last. The bill would delete the provisions with regard to an assessment served afterthe expiration of the 180-day period.PositionOpposeSB 11 (Pavley D)   Alternative fuel and vehicle technologies: funding programs.Current Text: Amended: 8/6/2013   pdf htmlIntroduced: 12/3/2012Last Amend: 8/6/2013Status: 8/13/2013-From committee: Do pass and re-refer to Com. on APPR. (Ayes 6. Noes 2.) (August12). Re-referred to Com. on APPR.Location: 8/13/2013-A. APPR.2YearDead Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.Conc.Enrolled Vetoed Chaptered1st House 2nd HouseCalendar:  8/21/2013  9 a.m. -State Capitol, Room 4202  ASSEMBLY APPROPRIATIONS, GATTO, Chair Summary: Would provide that the State Air Resources Board, until January 1, 2024, has no authorityto enforce any element of its existing clean fuels outlet regulation or other regulation that requires orhas the effect of requiring any supplier, as defined, to construct, operate, or provide funding for theconstruction or operation of any publicly available hydrogen-fueling station. The bill would require theboard to aggregate and make available to the public, no later than June 30, 2014, and every yearthereafter, the number of hydrogen-fueled vehicles that motor vehicle manufacturers project to besold or leased over the next 3 years, as reported to the state board, and the number of hydrogen-fueled vehicles registered with the Department of Motor Vehicles through April 30. This bill containsother related provisions and other existing laws.PositionSupportSB 43 (Wolk D)   Electricity: Green Tariff Shared Renewables Program.Current Text: Amended: 8/6/2013   pdf htmlIntroduced: 12/11/2012Last Amend: 8/6/2013Status: 8/14/2013-Set, first hearing. Referred to APPR. suspense file.Location: 8/14/2013-A. APPR. SUSPENSE FILE2YearDeadDeskPolicyFiscalFloorDeskPolicy Fiscal Floor Conf.Conc.Enrolled Vetoed Chaptered1st House 2nd HouseSummary: Would enact the Green Tariff Shared Renewables Program. The program would require aparticipating utility, defined as being an electrical corporation with 100,000 or more customers inCalifornia, to file with the commission an application requesting approval of a green tariff sharedrenewable program to implement a program enabling rate payers to participate directly in offsiteelectrical generation facilities that use eligible renewable energy resources, consistent with certainlegislative findings and statements of intent. This bill contains other related provisions and otherexisting laws.PositionWatchSB 64 (Corbett D)   California Global Warming Solutions Act of 2006: market-based compliancemechanisms: Clean Technology Investment Account.Current Text: Amended: 6/14/2013   pdf htmlIntroduced: 1/10/2013Last Amend: 6/14/2013Status: 8/12/2013-Set, first hearing. Hearing canceled at the request of author.Location: 6/24/2013-A. NAT. RES.2YearDead Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.Conc.Enrolled Vetoed Chaptered1st House 2nd HouseSummary: Would create the Clean Technology Investment Account within the Greenhouse Gas Reduction Fund. The bill would require the Legislature to annually appropriate moneys from the Greenhouse Gas Reduction Fund or other funds to the Clean Technology Investment Account in the Budget Act. The bill would make the moneys in the Clean Technology Investment Account available to the state board for the purposes of providing grants to nonprofit public benefit corporations and regional technology alliances to design and implement programs that accelerate the development, demonstration, and deployment by companies and entrepreneurs of transformative technologies that would reduce or have the potential to reduce greenhouse gas emissions and foster job creation in thestate, as specified.Position  SB 322 (Hueso D)   Water recycling.Current Text: Amended: 7/3/2013   pdf html Introduced: 2/19/2013Last Amend: 7/3/2013Status: 8/13/2013-From committee: Do pass and re-refer to Com. on APPR. with recommendation: To consent calendar. (Ayes 15. Noes 0.) (August 13). Re-referred to Com. on APPR.Location: 8/13/2013-A. APPR.2YearDead Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.Conc.Enrolled Vetoed Chaptered 1st House 2nd House Calendar:  8/21/2013  9 a.m. -State Capitol, Room 4202  ASSEMBLY APPROPRIATIONS, GATTO, Chair Summary: Would require the State Department of Public Health, in consultation with the State Water Resources Control Board, to investigate the feasibility of developing uniform water recycling criteria fordirect potable reuse and to provide a final report on that investigation to the Legislature on or before December 31, 2016. This bill would also require the department to complete the public review draft of its report by September 1, 2016. This bill contains other related provisions and other existing laws.Position  SB 436 (Jackson D)   California Environmental Quality Act: notice.Current Text: Amended: 4/3/2013   pdf html Introduced: 2/21/2013Last Amend: 4/3/2013Status: 8/8/2013-Ordered to inactive file on request of Assembly Member Atkins.Location: 8/8/2013-A. INACTIVE FILE2YearDead Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.Conc.Enrolled Vetoed Chaptered 1st House 2nd House Summary: Would require a lead agency to conduct at least one public scoping meeting for the specified projects and to provide notice to the specified entities of at least one public scoping meeting.This bill contains other related provisions and other existing laws.Position  SB 633 (Pavley D)   CEQA.Current Text: Amended: 8/6/2013   pdf html Introduced: 2/22/2013Last Amend: 8/6/2013Status: 8/14/2013-Set, first hearing. Hearing canceled at the request of author.Location: 8/6/2013-A. APPR.2YearDead Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.Conc.Enrolled Vetoed Chaptered 1st House 2nd House Summary: Would, for purposes of the new information exception to the prohibition on requiring a subsequent or supplemental EIR, specify that the exception applies if new information that becomes available was not known and could not have been known by the lead agency or any responsible agency at the time the EIR was certified as complete. The bill would authorize the office, by July 1, 2015, to draft and transmit to the secretary revisions to the guidelines to include as a categorical exemption projects involving minor temporary uses of land and public gatherings that have been determined not to have a significant effect on the environment. This bill contains other related provisions and other existing laws. Position SB 691 (Hancock D)   Nonvehicular air pollution control: penalties. Current Text: Amended: 8/5/2013   pdf html Introduced: 2/22/2013 Last Amend: 8/5/2013 Status: 8/14/2013-Read second time. Ordered to third reading. Location: 8/14/2013-A. THIRD READING 2Year Dead Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf. Conc. Enrolled Vetoed Chaptered 1st House 2nd House Calendar:  8/19/2013  #122  ASSEMBLY SENATE THIRD READING FILE Summary: Current law, commencing January 1, 2014, prohibits a person from discharging from nonvehicular sources air contaminants or other materials that cause injury, detriment, nuisance, or annoyance to the public, or that endanger the comfort, repose, health, or safety of the public, or that cause injury or damage to business or property, as specified. This bill would make a person who violates this provision liable for a civil penalty of not more than $100,000, as specified, if the violation results from a discharge from a stationary source required by federal law to be included in an operating permit program established pursuant to Title V of the federal Clean Air and the discharge contains or includes one or more toxic air contaminants, as specified . The bill would require that the recovery of a civil penalty under these provisions precludes prosecution of a misdemeanor for the same offense. Position Oppose SB 731 (Steinberg D)   Environment: California Environmental Quality Act. Current Text: Amended: 8/6/2013   pdf html Introduced: 2/22/2013 Last Amend: 8/6/2013 Status: 8/15/2013-From committee: Do pass and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (August 14). Re-referred to Com. on APPR. Location: 8/15/2013-A. APPR. 2Year Dead Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf. Conc. Enrolled Vetoed Chaptered 1st House 2nd House Calendar:  8/21/2013  9 a.m. -State Capitol, Room 4202  ASSEMBLY APPROPRIATIONS, GATTO, Chair Summary: Would provide that aesthetic impacts of a residential, mixed-use residential, or employment center project, as defined, within a transit priority area, as defined, shall not be considered significant impacts on the environment. The bill would require the office to prepare and propose, and the Secretary of the Natural Resources Agency to certify and adopt, revisions to the guidelines for the implementation of CEQA establishing thresholds of significance for noise, and for the transportation and parking impacts of residential, mixed-use residential, or employment center projects within transit priority areas. This bill contains other related provisions and other existing laws. Position Page 5 / 5 Return to Agenda Report M E M O R A N D U M TO: Jim Colston FROM: Eric Sapirstein DATE: J August 11, 2013 SUBJECT: Washington Update Congress spent the past month setting the stage for a busy autumn as both chambers sought, unsuccessfully, to move a handful of spending bills for the new fiscal year that begins October 1. Other efforts to advance legislation made limited progress, adding to an increased workload that Congress will need to address during the remaining few months of the session. Congress is technically scheduled to adjourn during the first week of October, but this symbolic date will be extended because of the expected debate surrounding increasing the nation’s debt limit, which is projected to be reached sometime in November. The following summarizes the status of pending policy issues of interest to the District. USEPA Budget Subject to Significant Cuts and Policy Riders Within the overall budget debate, USEPA has again become a critical element. The House version of the agency’s fiscal year spending bill seeks to impose a 33% spending reduction on programs. For the all-important SRF program, this translates into a commitment of just $250 million for POTW assistance, compared to a current year level of almost $1 billion. By comparison, the Senate version would provide $1 billion in assistance. Additionally, the House bill also provides for a series of policy riders. Some of these riders, like the prohibition on the use of agency funds to redefine waters of the U.S., attracted a veto threat. Other policy issues, including a mandate to rely on U.S. manufactured iron and steel at SRF funded projects, have not attracted the administration’s ire. This mandate continues to be an issue of contention within Congress because some Members believe that it could impose additional cost burdens for POTW construction needs. The Senate funding bill includes a similar mandate as the House. However, the Senate approach leaves the definition of which iron and steel products would be subject to the mandate to USEPA definition. ENS Resources, Inc. 1101 14th Street, N.W., Suite 350 Washington, D.C. 20005 Phone 202.466.3755/Telefax 202.466.3787 ATTACHMENT NO. 6 Return to Agenda Report Infrastructure Financing Options The past month saw renewed interest in jumpstarting the policy debate surrounding the future of federal infrastructure assistance. The House, as previously noted, could begin committee deliberations later this fall on mechanisms to address the funding needs of POTWs through concepts like a WIFIA program and renewal of the SRF program. One of the key policy matters involves funding levels within the overall context of future federal spending. Some committee members and their staff are considering an approach that would guarantee multi-year funding commitments, but at greatly reduced authorization levels of around a billion dollars per year. Others are seeking to return to levels closer to an average of $2 to $3 billion per year. One option that continues to be a perennial initiative is a water trust fund akin to the highway trust fund program. This policy approach has been significantly restructured to a point that any trust fund’s resources would be generated based upon a voluntary contribution from industries that rely on POTWs for treatment of the influent. The approach envisions a three-cent per bottle fee in exchange for the right to label the bottle with a certification that the producer, a soft drink company, for example, could exhibit, stating its commitment to improved water quality. Prospects that a voluntary approach like this could succeed in generating significant resources are uncertain at best. However, it is evidence that the original idea of a broad-based tax on industrial users of POTW did not enjoy critical support in Congress. House Committee Continues to Prepare for WRDA Rewrite The Committee on Transportation and Infrastructure staff continues to prepare for a markup of a renewed WRDA measure. As Congress recessed for the summer, its chairman, Bill Shuster (R-PA), formally announced that but for a few undecided issues, the committee was prepared to markup a bill in September. The only condition is an ability to bring the bill to the House floor for a vote. If he is unable to secure floor time, then markup would be delayed. Because the bill appears to be headed for committee consideration, we reached out to the District’s newest delegation Member’s, Alan Lowenthal, and staff to discuss the matter of the anticipated mandate to remove riprap from the Santa Ana River. We also discussed the matter with the Member. Staff were receptive to the District’s concern that a requirement to remove the riprap may not be an appropriate use of ratepayer resources as well as the question surrounding responsibility for restoration of the riverbank. We have arranged for a meeting with the staff upon Congress’ return to work in September to identify potential avenues, within a WRDA rewrite, to ensure an equitable and appropriate restoration plan is developed, if the science dictates such action. USEPA Administrator Confirmed by Senate The Senate voted 59-40 to confirm Gina McCarthy to become USEPA Administrator, after a threat to revise Senate filibuster rules compelled Senators to agree to move forward and vote on the long-stalled nomination. McCarthy, upon assuming the position, announced that Acting Administrator Robert Perciasepe would return to his prior position, Deputy Administrator, and continue in this capacity for the remainder of the Administration’s term. ENS Resources, Inc. 1101 14th Street, N.W., Suite 350 Washington, D.C. 20005 Phone 202.466.3755/Telefax 202.466.3787 Return to Agenda Report Following up on the successful floor vote, Chairman Barbara Boxer convened the Committee on Environment and Public Works to hear from a trio of USEPA nominees including Kenneth Kopocis who was nominated to become the Assistant Administrator for the Office of Water almost two years ago. Within days of the July 23 hearing, Boxer held a vote on the nominations and moved them to the Senate floor for a final confirmation vote. The continued controversy surrounding Kopocis’s involvement in the development of new policy defining which waters of the U.S. are subject to regulation under the Clean Water Act resulted in a hold being placed on the nomination. Therefore, Congress recessed for the summer without taking a vote on the nomination. The question now becomes whether Boxer and the Senate Democratic leadership will threaten to revisit the filibuster rule to allow for a vote on the nomination or if Kopocis decides that his nomination is captive to a policy debate with no end and seeks to have the nomination rescinded. Sunshine on Conflicts Act (H.R. 836) Our effort to advance the provisions of H.R. 836 remain focused on the Committee on Transportation and Infrastructure where staff have indicated a desire to address the policy issue through legislation to renew infrastructure assistance legislation. Staff continue to insist that they expect such legislation will be marked up later in the fall after WRDA is addressed. While we are hopeful that H.R. 836’s provisions will be incorporated into an infrastructure bill, we continued to monitor USEPA’s rulemaking efforts. The agency continues to state that it plans to seek public comment on the existing income restriction standard that defines conflict for purposes of water board appointments. The agency is expected to issue a call for comments on the rule and need for revision later this fall. At that time, the District will need to develop formal recommendations for agency consideration. In the event that the agency moves forward on a rulemaking, it would obviate the need for a legislative remedy. Tax Reform and Municipal Bonds If one policy arena enjoys bi-partisan congressional support, it is reforming the federal tax code. Although, the definition of reform is subject to different interpretations, based on which member of the House and Senate tax committees is discussing the reform efforts. Without reference to the objectives of any reform initiative, it is clear that both the House and Senate (along with the administration) are examining options that would dramatically impact the core financing tool for POTWs and local government in general: local tax-exempt bonds. Central to the debate is whether such bond uses and availability should be permitted to continue. Options that are under review target elimination of the bonds in total, removing specific uses of the bonds, or curtailing the tax benefits of the bonds and limiting these benefits to individuals that fall within a income tax rate bracket of 28%. These bonds are vital to the District’s long-term ability to finance the acquisition and construction of water quality infrastructure. We continue to recommend that the District communicate with its congressional delegation the importance of the continued availability of tax-exempt financing remain to ensure the ability to finance infrastructure needs created by federal mandates. We attach a recent letter related to this priority that the District should rely upon in any discussions with the delegation. ENS Resources, Inc. 1101 14th Street, N.W., Suite 350 Washington, D.C. 20005 Phone 202.466.3755/Telefax 202.466.3787 Return to Agenda Report State Capitol Office ▪ 925 L Street • Suite 1404 • Sacramento, CA 95814 • Phone (916) 447-4086 • Fax (916) 444-0383 Federal Office ▪ 600 Pennsylvania SE • Suite 207 • Washington, DC 20003 • Phone (202) 546-8696 • Fax (202) 546-4555 Northern California Office ▪300 Frank Ogawa Plaza • Suite 204 • Oakland, CA 94612 • Phone (510) 835-9050 • Fax (510) 835-9030 Southern California Office ▪2699 White Road • Suite 251 • Irvine, CA 92614• Phone (949) 399-9050 • Fax (949) 476-8215 MEMO To: Orange County Sanitation District From: Townsend Public Affairs, Inc. Date: August 16, 2013 Subject: Monthly Status Report The Legislature was on summer recess for the last several weeks and has returned to session as of mid August. As we approach the end of the legislative session, there are a few important deadlines to keep in mind. August 16: The last day for policy committees to meet and report on bills. August 30:The last day for fiscal committees to meet and report on bills. September 13:Final day for each house to pass bills. The legislature will recess upon adjournment. October 13:Deadline for the Governor to sign or veto bills. OCSD SPECIFIC LEGISLATION OF INTEREST SB 691 (Hancock) This bill is intended to narrowly target one-day violations that affect great numbers of individuals affected by air quality violation with higher civil penalties. Senator Hancock stated that current single-day violations of air quality regulations that affect entire communities lack adequate financial consequences. He also stated that having adequate penalties for non-compliance is essential to protecting public health and safety. However, opponents of the bill stated that immensely increasing the penalties would impose a penalty based simply on allegations of annoyance, whether or not the actual emissions are harmful or in violation of an existing permit standard or requirement. OCSD took an oppose position on the bill, and TPA worked extensively with OCSD staff and Senator Hancock's office to ensure that the District's concerns were addressed. Ultimately the bill was amended to address "toxic air substances" which alleviates the District's opposition. CASA also removed opposition for the bill. AB 371 (Salas) This bill is intended to address the dumping of sewage (sludge) and its effects on the health, safety and water quality in rural areas of Kern County. It is intended to clarify the original legislative objective to protect the rights of local communities to adopt environmental protection standards. According to Assembly Member Salas, “Uncontrolled dumping of sewage sludge threatens our water and the public health of our communities. The recent court interpretation of California law is an unacceptable outcome for the residents of Kern County”. ATTACHMENT NO. 7 Return to Agenda Report 2 Conversely, according to the California Association of Sanitation Agencies, “The type of ban which Kern County has previously sought to enforce, and which could be authorized by AB 371, is in conflict with the Integrated Waste Management Act (IWMA), in conflict with the regional welfare doctrine, and contrary to the overwhelming weight of scientific evidence that land application of bio-solids is a safe and beneficial practice. This bill would circumvent the legal process and establish a one-off rule for Kern County that has already been rejected by the courts”. OCSD took an oppose position on the bill. The bill was heard in the Assembly Local Government committee and was held on the suspense file. AB 371 will not be able to be heard or modified before January 2014, and has become a two-year bill. AB 690 (Campos) The Assembly on Local Government Committee received overwhelming opposition to AB 690, arguing that the bill would unfairly divert necessary property tax revenues from districts. In response to the immense amount of opposition, the bill has now been amended to be aligned with current law requiring local agencies' consent prior to property tax revenue diversion for the creation of a Jobs and Infrastructure District (JID) program. OCSD took an oppose unless amended position on the bill. The bill was set to be heard on April 15th but was postponed. The bill will not be eligible to be heard again prior to the legislature adjourning in September. The bill will be eligible to be taken back and/or amended when the Legislature reconvenes in January 2014. SB 785 (Wolk) The bill makes three substantive changes to current law: (1) Lowering, from $2.5 million to $1 million, the value of projects that counties can construct using design-build; (2) Eliminating the sunset dates that would have automatically repealed some statutes authorizing the use of the design-build method; (3) Eliminates the cap on the number of projects that the state can construct using the design-build method for specified types of projects. According to the California Legislative Analyst’s Office, this bill is intended to “…rewrite design- build statutes to eliminate inconsistencies in existing law and consolidate state and local agencies' statutory authority to develop projects using design-build. By consolidating statutes and creating more uniform requirements, SB 785 makes the state laws governing the design- build method clearer, more flexible, and easier to use”. OCSD took a support in concept position on the bill. Senator Wolk pulled the bill just prior to the last committee hearing and placed it on the inactive file. The bill will not be eligible to be taken back up or amended prior to January 2014. SB 785 was facing significant opposition from the labor unions, and Senator Wolk decided to continue working on the bill to determine if the opposition’s concerns could be rectified. SPECIFIC ACTIVITIES OF THE MONTH: TPA is continually monitoring legislation that could have any potential impact on the District and TPA maintains a legislative tracking matrix for OCSD staff. Please find attached a copy of the legislative matrix. Return to Agenda Report 3 TPA met with Faviola Ochoa to discuss impending projects such as securing speaking engagements for the Board and General Manager as well as OCSD’s upcoming 60th anniversary. TPA met with OCSD leadership to discuss education and outreach efforts related to government affairs strategy. TPA worked with OCSD staff to create an outreach and education strategy document discussing future plans for the Board and General Manager. TPA worked with Senator Hancock's office on SB 691 to amend the bill and remove OCSD's opposition. LEGISLATIVE AND PUBLIC AFFAIRS SPECIAL COMMITTEE Meeting Date09/09/13 AGENDA REPORT Item Number 3 Orange County Sanitation District FROM: James D. Herberg, General Manager Originators: Heather Dion, Townsend Public Affairs SUBJECT: ESTABLISHING COMMITTEE GOALS GENERAL MANAGER'S RECOMMENDATION Seek direction from the Committee on establishing Committee goals for 2013-2014 and 2014-2015. SUMMARY Staff is seeking direction from the Committee regarding the development of legislative goals for 2013-2014 and 2014-2015. Below is a list of potential goals for the Committee’s consideration and discussion: 1. Development of a legislative platform. The District annually develops a legislative platform. The purpose of a platform is to clearly outline the position of the District on priority issues and matters that impact the District’s ability to operate effectively, without precluding the consideration of additional legislative and budget issues that will arise during the legislative session. Such a platform should include consideration of matters at the local, state and federal governments. 2. Consideration of District sponsored legislation. If the District is interested in sponsoring state legislation in 2014 or 2015, it will be important to outline the need for proposed legislation, as well as discuss timing and strategy, and a potential author(s). 3. Development of potential capital infrastructure needs and state and federal fundingopportunities. Should the District have capital funding needs that can be identified, staff would recommend developing a matrix that illustrates the needs along with potential state and federal funding opportunities to determine if there are opportunities that should be explored. Page 1 of 2 4. Development of an outreach plan The District may consider developing a plan and timeline for Board Member outreach to local, state and federal elected officials. The goal of the outreach plan would be to develop and maintain credibility with external OCSD audiences. Additionally, the outreach plan would be a component of the overall legislative and government affairs strategy that includes informing decision makers to create awareness of the District’s actions, requesting action of another government official or entity, and positioning the District to create a placeholder for future action. The outreach plan would identify the following: i.Which elected officials to meet with;ii.Which OCSD Board Members to pair with which meetings; iii.Timing and scheduling; and iv.Messaging ATTACHMENTS None. Page 2 of 2 LEGISLATIVE AND PUBLIC AFFAIRS SPECIAL COMMITTEE Meeting Date09/09/13 AGENDA REPORT Item Number 4 Orange County Sanitation District FROM: James D. Herberg, General Manager Originators: Eric Sapirstein, ENS Resources SUBJECT: FEDERAL ADVOCACY ROLE GENERAL MANAGER'S RECOMMENDATION Seek direction from the Committee on the District’s Federal Advocacy role. SUMMARY The District retains the services of ENS Resources (Eric Sapirstein) as our legislative advocate in Washington DC. Eric will update the Committee on current federal issues of interest to the Sanitation District. Issues may include: 1.Tax Exempt Financing2.Buy American Mandate 3.Water Resources Development Act (WRDA) 4.Sunshine on Conflicts Act (H.R. 836) 5.Other ATTACHMENTS None. Page 1 of 1 LEGISLATIVE AND PUBLIC AFFAIRS SPECIAL COMMITTEE Meeting Date09/09/13 AGENDA REPORT Item Number 5 Orange County Sanitation District FROM: James D. Herberg, General Manager Originators: Heather Dion, Townsend Public Affairs SUBJECT: FUTURE AGENDA TOPICS AND NEXT STEPS GENERAL MANAGER'S RECOMMENDATION Seek direction from the Committee on future meeting topics of discussion and next steps. SUMMARY Staff is seeking input from the Committee regarding future agenda items. Below is a list of potential future agenda items for the Committee’s consideration. 1. Public Affairs Strategic Plan 2. Legislative and Outreach Plan 3. Discussion of District sponsored legislation4. Discussion to amend the Orange County Sanitation District Act5. Development of a schedule for potential Washington D.C. and Sacramento trips 6. Preparation for 60th anniversary events ATTACHMENTS None. Page 1 of 1