EUNICE M. ULLOA
Mayor
KAREN C. COMSTOCK
Mayor Pro Tern
June 21, 2024
The Honorable Freddie Rodriguez
California State Assembly
1021 0 Street, Suite 5250
Sacramento, CA 95814
CITY of CHINO
CURTIS BURTON
CHRISTOPHER FLORES
MARC LUCIO
Council Members
DR. LfNDA REICH
City M:m:iger
Subject: Opposing Unless Amended Package of Retail Theft Legislation with lnoperability Clauses Dear Assembly Member Rodriguez,
On behalf of the City of Chino, I am writing to express our opposition to the proposed package of retail theft bills moving through the State Legislature. While the proposed legislation would provide greater support to law enforcement in prosecuting retail theft crimes and serve as a deterrent for repeat offenders, the inclusion of the "poison pill" inoperability clauses would render these bills inactive should the citizen-led initiative 23- 0017 Al, entitled the "Homelessness, Drug Addiction & Theft Reduction Act," pass in November.
Using a "poison pill" would render these laws null and void and further risk the safety of our community, which we are sworn to protect and serve . The current bills in question are as follows:
• AB 1779 (Irwin)
• AB 1802 (Jones-Sawyer)
• AB 2943 (Zbur)
• AB 3209 (Berman)
• SB 1144 (Skinner)
• SB 1416 (Newman)
• SB 905 (Wahab)
• SB 1242 (Win)
Many advocates for these pieces of legislation would like to see these laws serve as a supplement to Proposition 47 rather than an alternative or "Plan B" if the measure fails. For these reasons, we oppose the Speaker and Senate Pro Tern's retail theft package.
If you have any additional questions regarding my opposition, please contact my office at (909) 334-3290.
Sincerely, J/1. �
iWo.
Mayor
I 3220 Central Avenue, Chino, California 91710
Mailing Address: P.O. Box 667, Chino, California 91708-0667 (909) 334-3250 • (909) 334-3720 Fax
Web Site: www.cityofchino.org
June 25, 2024
The Honorable Ottie Petrie-Norris
Chair, Assembly Utilities & Energy Committee
1020 N Street, Room 408A
Sacramento, CA 95814
RE: SB 1255 (Durazo): Public water systems: needs analysis: water rate assistance program,
OPPOSE UNLESS AMENDED
Dear Chair Petrie-Norris,
The undersigned agencies from San Bernardino and Riverside counties must respectfully oppose SB 1255 (Durazo) unless the measure is amended. As written, SB 1255 would create a Low-Income Rate Assistance (LIRA) Program funded with voluntary contributions received based on an “opt-out” approach on all ratepayers.
It is very concerning that this bill is a second house gut and amend. SB 1255 is a significant new policy that deserves ample discussion from both houses and stakeholders. It would be best to take the recent amendments as a starting point for discussions over the winter with the sponsors and stakeholders to create a program that comports with the intent of the sponsors without creating administrative and possibly legal (Proposition 218) challenges for retail water suppliers.
The proponents of the bill have engaged with the CA Municipal Utilities Association (CMUA) and the Association of CA Water Agencies (ACWA), and both associations are proposing amendments to the bill that our agencies support. Generally, the undersigned agencies have the following concerns:
RE: SB 1255 (Durazo) Oppose unless amended
June 25, 2024
Inclusion of Wastewater
The bill mandates a minimum credit of 20 percent to eligible ratepayers for both fixed charge and volumetric water usage, and further defines a “qualified system” as any retail water supplier serving more than 3,300 residential connections. However, it is worth noting that in many cases, retail water suppliers are NOT the same entity billing for sewer services. Additionally, some agencies bill only a portion of their customers for wastewater, adding unnecessary complexity.
Requested Amendments: (1) strike any reference to wastewater. (2) specify “drinking water. ” Example: “Section 116931 (b)(2) provision of a bill credit for eligible ratepayers of no less than 20 percent of the drinking water charges…. ”
Opt-Out Requirement
The bill would require qualified systems to provide each ratepayer the option and method of opting out of providing the “voluntary contribution” at least three months prior to beginning collection of the “voluntary contribution, ” and at least annually thereafter. Many ratepayers do not review their water bill in detail and could be subject to voluntary contributions without their express knowledge.
This could result in public distrust and refund requests that would increase administrative costs, limiting funding for the program.
Requested Amendment: the bill should establish an opt-in program.
Existing Programs:
The bill allows agencies that have non-rate revenue LIRA programs that meets the minimum bill credit and enrollment requirements, to comply with the provisions of the bill.
Requested Amendments: (1)These programs should be able to continue to operate their existing program instead of creating a new SB 1255 program.
(2) The bill should allow existing programs to apply the 20 percent bill credit to apply to fixed charges, water commodity charges, or both. This would allow programs that only apply a bill credit to one type of charge to meet the requirements of the bill.
(3) The bill should be amended to grant existing programs two-years to comply with SB 1255 should an existing program fall out of compliance.
We have a number of other concerns with this legislation; however, due to the short time frame being offered as a result of the gut and amend process, we are only highlighting three of our major concerns. As mentioned above, CMUA and ACWA have engaged with the author and sponsors and offered more detailed amendments that the undersigned agencies also generally support. We look forward to working with the author and sponsors, preferably over the winter break, to craft a program that works for both the sponsors and water agencies alike.
Sincerely,
RE: SB 1255 (Durazo) Oppose unless amended
June 25, 2024
Greg Thomas, General Manager, Elsinore Valley Municipal Water District Mayor Javier John Dutrey, City of Montclair
Linda Reich, City Manager, City of Chino
Mayor Cynthia Moran, City of Chino Hills
Shivaji Deshmukh, P.E., General Manager, Inland Empire Utilities Agency Joe Mouawad, P .E., General Manager, Eastern Municipal Water District Courtney Jones, P .E., Water Resources and Regulatory Affairs Director, Ontario Municipal Utilities Company
Jason Martin, Interim General Manager, Rancho California Water District John Bosler, P.E., General Manager/CEO, Cucamonga Valley Water District Justin Scott-Coe, General Manager, Monte Vista Water District Craig Miller, P.E., General Manager, Western Municipal Water District
cc: Asm. Jim Patterson, Vice Chair, Assembly Utilities & Energy Committee Members, Assembly Utilities & Energy Committee
Laura Shybut, Chief Consultant, Assembly Utilities & Energy Committee Gino Folchi, Republican Consultant, Assembly Utilities & Energy Committee Senator Durazo