October 16, 2009
Agriculture and Natural Resources
For more information, contact Karen Keene at 916/327-7500, ext. 511, or e-mail kkeene@counties.org or Cara Martinson at 915/327-7500, ext. 504, or email cmartinson@counties.org.
Water/Delta Legislative Package Update
Since the conclusion of the regular legislative session, the legislative leadership and the Administration have continued to negotiate the details of a comprehensive water legislative package. Additionally, a special legislative session on the subject is technically under way now, after being called last Sunday by Governor Schwarzenegger.
While the details of the package are a bit elusive and ever-changing, the package continues to require the development of a Delta plan; sets forth aggressive water conservation requirements; specifies a Delta governance structure; provides enforcement tools for the Water Board to enforce existing water rights laws; establish a statewide groundwater monitoring program; and, creates a Delta Conservancy. We have heard that major differences remain on the monitoring and regulation of groundwater resources; the dollar amount of a water bond and how much is allocated towards new surface storage; water right priorities; and the specifics of Delta governance.
The Legislature intends to hold hearings on the package of water bills next week. The Assembly Water, Parks and Wildlife Committee will hold an informational hearing on Wednesday, October 21, at 10 a.m. No details have been released regarding Senate hearings. The water package could potentially go to the floors of both houses the week of October 26.
Solid Waste Management
SB 402 (Wolk-Corbett-Skinner) – Support
Vetoed on October 10, 2009
SB 402, by Senator Lois Wolk, was vetoed by the Governor last week. This bill would have provided a comprehensive solution to the fund imbalance that currently exists in the Beverage Container Recycling Fund (Bottle Bill) budget through a combination of eliminating program exemptions and other measures, along with a prioritization of Bottle Bill funding that would bring the Bottle Bill fund into balance while strengthening recycling. The bill’s expansion of the program to other containers would have preserved funding for core recycling programs, including handling fees to convenience zone recyclers, payments to cities and counties, curbside recycling, conservation corps, and performance-based market development payments. In his veto message, the Governor cited costs to consumers and the need for longer-term reforms to the Bottle Bill program as reasons for his veto.
AB 473 (Blumenfield) – Support
Vetoed on October 10, 2009
AB 473, by Assembly Member Bob Blumenfield, was vetoed by the Governor last week. This bill would have required an owner of a multifamily dwelling, consisting of five or more living units, to provide the appropriate recycling services for that dwelling. CSAC supported AB 473 because it would have required that the owner of a multifamily dwelling provide the appropriate recycling services for its occupants, therefore increasing recycling rates and providing recycling opportunities for all residents regardless of their type of home. In his veto message, the Governor stated that the bill would impose costly requirements on property owners, and that local governments already have the authority to impose recycling mandates.
AB 1343 (Huffman) – Support
Two-Year Bill
AB 1343, by Assembly Member Huffman, would establish the Architectural Paint Recovery Program, with the purpose of requiring paint manufacturers to develop and implement a program to manage paint and reduce the costs and environmental impacts of postconsumer paint in California. CSAC supports this bill because it would provide a solution to how to better manage postconsumer paint, by creating a comprehensive product stewardship program for architectural paint. AB 1343 was held on the Senate Appropriations Suspense File.
Medical Waste
SB 486 (Simitian) – Watch
Chapter No. 591, Statues of 2009
SB 486, by Senator Joe Simitian, was signed into law on October 11, 2009. SB 486 requires a pharmaceutical manufacturer that sells or distributes medication that is self-injected at home through the use of hypodermic needles and other similar devices to submit to the California Integrated Waste Management Board, or its successor agency, a plan that describes how the manufacturer supports the safe collection and proper disposal of the waste devices.
Energy
AB 45 (Huffman) – Neutral
Chapter No. 404, Statutes of 2009
AB 45, by Assembly Member Jared Huffman, was signed into law last week. This bill reenacts a lapsed authorization for local governments to provide, by ordinance, for the installation of small wind energy systems. The bill would also authorize a county to impose conditions on the installation of these systems.
AB 262 (Bass) – Support
Chapter No. 227, Statutes of 2009
AB 262, by Assembly Member Karen Bass, was chaptered into law last week. This bill provides direction and authorization to the California Energy Commission (CEC) regarding the use of the federal American Recovery and Reinvestment Act (ARRA) funds for energy-related activities. Language included in a prior version of AB 262 was incorporated into a budget trailer bill that was passed several months ago. This language made the necessary changes to conform to the statute governing the Energy Efficiency and Conservation Block Grant Program (EECBG) to ARRA guidelines, and provided a necessary fix to an eligibility issue that previously excluded 13 counties from the EECBG Program. Furthermore, the CEC has released their guidelines for the EECBG program, and it specifies eligibility criteria that include the previously excluded 13 counties. To view a copy of the guidelines, visit: http://www.energy.ca.gov/recovery/blockgrant.html.
AB 222 (Adams) – Support
Two-Year Bill
AB 222, by Assembly Member Anthony Adams, has become a two-year bill. AB 222 would update the Integrated Waste Management Act of 1989 to incorporate changes that will enable and expedite the production of advanced, non-food derived biofuels, green power, and other bio-based products from biomass. CSAC supports this bill because it will help California achieve the goals of its Renewable Portfolio Standard, Low Carbon Fuel Standard and Bioenergy Action Plan and aid local governments in achieving higher solid waste diversion rates.
SB 14 (Simitian) – Neutral
Vetoed on October 11, 2009
SB 14, by Senator Joe Simitian, was vetoed by the Governor last week. This bill would have increased California's Renewables Portfolio Standard (RPS) to require all retail sellers of electricity and all publicly owned utilities (POUs) to procure at least 33% of electricity delivered to their retail customers from renewable resources by 2020. In his veto message, the Governor stated he supported the goals of the bill; however, the bill would have actually made it more difficult and costly to achieve this very important goal. The Governor set the RPS goal to 33% through an executive order he issued in September. Executive Order S-14-08 directs the Air Resources Board to develop regulations that will enable California to meet the 33% goal.
AB 64 (Krekorian) – Neutral
Vetoed on October 11, 2009
AB 64, by Assembly Member Paul Krekorian, was vetoed by the Governor last week. This bill would have made various programmatic changes necessary to implement SB 14 (Simitian). CSAC removed its opposition to AB 64 when it was amended to remove a provision that would have transferred the responsibility of siting renewable energy facilities between 5 megawatts and 50 megawatts from local governments to a newly created Energy Planning and Infrastructure Coordinating committee. In his veto message, the Governor echoed the comments he issued for SB 14, stating that he supported the goals of the bill, but did believe the bill contained the necessary provisions to get California to a 33% Renewable Portfolio Standard.
SB 279 (Hancock) – Support
Vetoed on October 11, 2009
SB 279, Senator Hancock, was vetoed by the Governor last week. This bill would have enabled cities and counties to establish a voluntary community facility district to help finance the acquisition, installation, and improvement of energy efficiency and renewable energy improvements and water conservation. Similar to AB 811 (Ch. 159, 2008), this bill would have helped local governments achieve these goals by providing a tool, allowing for the formation of a Community Facilities District regardless of whether the buildings or property are privately or public owned. In his veto message, the Governor stated that the bill represents a fundamental shift in the purpose of Mello-Roos taxes, which are intended to finance core infrastructure needs, and he did not support such a shift.
Fire/Land Use
SB 505 (Kehoe) – Oppose
Vetoed on October 11, 2009
SB 505, by Senator Christine Kehoe, was vetoed by the Governor last week. This bill would have called for the amendments to the general plan safety element requirements for state responsibility areas (SRAs) and very high fire hazard severity zones. It would have also strengthened the development review process under California Environmental Quality Act (CEQA) by expanding the initial study checklist to address fire hazard impacts of projects. CSAC, along with the Regional Council of Rural Counties (RCRC), were opposed to this bill because of the potential implementation costs, which would have been in the thousands of dollars depending on the amount of public outreach, controversy, and environmental review. In his veto message, the Governor cited the costs to local government and the State General Fund as reasons for his veto.
AB 666 (Jones) – Neutral
Vetoed on October 11, 2009
AB 666, by Assembly Member Dave Jones, was vetoed by the Governor last week. This bill would have required county boards of supervisors to make three specified findings before approving a tentative map or a parcel map for an area located in a state responsibility area (SRA) or a very high fire hazard severity zone as designated by the California Department of Forestry and Fire Protection (CALFIRE). The bill would have also required, prior to January 1, 2011, the Board of Forestry and Fire Protection to open a rulemaking process to consider adopting regulations requiring a minimum of two separate access roads for a subdivision located in an SRA or very high fire hazard severity zone. CSAC, along with RCRC removed its opposition in April after the author included amendments to address a number of our concerns. In his veto message, the Governor stated that the state did not have adequate funding to ensure the implementation of the bill, and that the requirements in the bill should be applicable to cities as well as counties.
Stormwater
SB 310 (Ducheny) – Watch
Chapter No. 557, Statutes of 2009
SB 310, by Senator Denise Ducheny, was signed into law on October 11, 2009. This bill will authorize a local government to develop a watershed improvement plan to address stormwater runoff and to charge runoff sources a fee to pay for the plan's development. Regional water quality control boards are authorized to review and approve the plans. The regional board’s costs will be reimbursed by the entity seeking the board’s approval in accordance with a fee schedule adopted by the regional board.
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