104.CA SB 1338
Author: Umberg (D)
Coauthor Eggman (D)
Title: CARE Court Program
Fiscal
Committee: yes
Urgency
Clause: no
Disposition: Pending
Committee: Senate Appropriations Committee
Hearing: 05/16/2022 10:00 am, 1021 O Street, Room 2200
Code
Section:
An act to add Part 1.3 (commencing with Section 5565) to Division 5 of Section 1374.723 to the Health and Safety Code, to amend Section 1370.01 of the Penal Code, and to add Part 8 (commencing with Section 5970) to Division 5 of the Welfare and Institutions Code, relating to mental health.
Summary: Enacts the Community Assistance, Recovery, and Empowerment Act, which would authorize specified people to petition a civil court to create a CARE plan and implement services, to be provided by county behavioral health agencies, to provide behavioral health care, stabilization medication, and housing support to adults who are suffering from schizophrenia spectrum and psychotic disorders and who lack medical decision making capacity.
Digest: This bill would enact the Community Assistance, Recovery, and Empowerment (CARE) Act, which would authorize specified people to petition a civil court to create a CARE plan and implement services, to be provided by county behavioral health agencies, to provide behavioral health care, stabilization medication, and housing support to adults who are suffering from schizophrenia spectrum and psychotic disorders and who lack medical decisionmaking capacity. The bill would specify the process by which the petition is filed and reviewed, including requiring the petition to be signed under penalty of perjury, and to contain specified information, including the acts that support the petitioner's belief that the respondent meets the CARE criterion. The bill would also specify the schedule of review hearings required if the respondent is ordered to comply with a one-year CARE plan by the court.
The bill would authorize the CARE plan to be extended for up to one year and prescribes the requirement for the graduation plan that is required upon leaving the CARE program. By expanding the crime of perjury and imposing additional duties on the county behavioral health agencies, this bill would impose a state-mandated local program.
This bill would include in the CARE program the respondent's right to have a supporter and counsel at all proceedings. The bill would require the California Health and Human Services Agency, subject to appropriation, to administer the CARE Supporter program, which would make available a trained supporter to each respondent.
This bill would authorize the court, at any time during the proceedings if it finds the county not complying with court orders, to fine the county up to $1,000 per day and, if the court finds persistent noncompliance, to appoint a receiver to secure court-ordered care for the respondent at the county's cost.
This bill would require health care service plans to cover the cost of developing an evaluation for CARE services and the provision of all health care services for an enrollee when required or recommended for the enrollee pursuant to a CARE plan, as specified, without cost sharing. By creating a new crime, this bill would impose a state-mandated local program.
This bill, for misdemeanor defendants who have been determined to be incompetent to stand trial, would authorize the court to refer the defendant to the CARE program.
This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason.
Introduced: 02/18/2022
Last
Amend: 04/07/2022
Status: 04/27/2022 From SENATE Committee on HEALTH: Do pass to Committee on APPROPRIATIONS. (9-0)
Department: CityAttorney, PAC, PD
DeptContact: 2022LS
Position: Watch
Priority: StatePriority
Subject: Homelessness
105.CA SB 1353
Author: Wilk (R)
Coauthor Nielsen (R), Grove (R), Jones (R), Lackey (R), Nguyen J (R), Choi (R), Seyarto (R), Smith T (R), Ochoa Bogh (R)
Title: Homeless Population Information: Collection, Reporting Fiscal
Committee: yes
Urgency
Clause: no
Disposition: Pending
Location: Senate Appropriations Committee
Code
Section:
An act to add and repeal Section 8257.3 to of the Welfare and Institutions Code, relating to homelessness.
Summary: Requires a local government entity to provide specified homelessness information for its jurisdiction to the council by January 1, 2025, including
expenditures on homelessness programs and efforts provided to homeless persons within its jurisdiction, as well as related information regarding the funding of these services.
Digest: This bill would require a local government entity to provide specified homelessness information for its jurisdiction to the council by January 1, 2025, including expenditures on homelessness programs and efforts provided to homeless persons within its jurisdiction, as well as related information regarding the funding of these services. The bill would specify how a local government would meet this requirement.
This bill would require the council to develop and maintain a publicly available internet website homelessness dashboard for prescribed purposes.
The bill would require the council to report to the Legislature, and post to its homelessness dashboard, information related to programs that the state has undertaken to reduce homelessness in California, including federal funding for state and local programs by January 1, 2026. The bill would require a state agency or office responsible for these programs to report data related to the programs, in a form prescribed by the council, to the council no later than January 1, 2025. The bill would require the council to perform a specified assessment of the success or failure of funded and implemented programs addressing homelessness.
The bill would repeal these provisions as of January 1, 2027.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Introduced: 02/18/2022
Last
Amend: 04/18/2022
Status: 05/02/2022 In SENATE Committee on APPROPRIATIONS: To Suspense File.
Department: CityAttorney, Housing, IT, PAC, PD, Parks
DeptContact: 2022LS
Position: Watch
Priority: StatePriority
Subject: Homelessness
106.CA SB 1369
Author: Wieckowski (D)
Title: Adaptive Reuse Projects: By Right: Funding
Fiscal
Committee: yes
Urgency
Clause: no
Disposition: Pending
Location: Senate Governance and Finance Committee
Code
Section:
An act to add Article 11.5 (commencing with Section 65658) to Chapter 3 of Division 1 of Title 7 of the Government Code, and to amend Section 53559 of, and to add Section 18941.11 to, the Health and Safety Code, relating to adaptive reuse.
Summary: Makes an adaptive reuse project a use by right in all areas regardless of zoning. Defines adaptive reuse project to mean any commercial, public, industrial, or office building or structure that has specified percent occupancy or less, which is converted into a housing development project.
Digest: This bill would make an adaptive reuse project a use by right in all areas regardless of zoning. The bill would define "adaptive reuse project" to mean any commercial, public, industrial, or office building or structure that has 25-percent occupancy or less, which is converted into a housing development project. The bill would define "use by right" to mean that the city or county's review of the adaptive reuse project may not require a conditional use permit, planned unit development permit, or other discretionary city or county review or approval that would constitute a "project" for purposes of CEQA, as specified.
This bill would prohibit a city or county from imposing various requirements on an adaptive reuse project, including a requirement that the adaptive reuse project provide more parking than the amount of on-site parking for the existing building or structure. The bill would provide that an adaptive reuse project is subject to the California Existing Building Code. By imposing new requirements of cities and counties in the review and approval of adaptive reuse projects, the bill would impose a state-mandated local program.
The bill would include findings that changes proposed by these provisions address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.
This bill would require the California Building Standards Commission, in consultation with the Department of Housing and Community Development, to update, adopt, approve, codify, and publish building standards in the California Existing Building Code that revise and clarify fire, safety, health, structural, seismic, and environmental elements that apply to adaptive reuse projects, as specified. The bill would require the building standards to facilitate the development of adaptive reuse projects.
This bill would require the department's guidelines to include provisions that grant an unspecified application bonus to an adaptive reuse project that otherwise meets the requirements of the Infill Infrastructure Grant Program of 2019.
This bill would provide that no reimbursement is required by this act for a specified reason.
Introduced: 02/18/2022
Status: 03/10/2022 In SENATE. Rescinds referral to Committee on ENVIRONMENTAL QUALITY due to limitations concerning
COVID-19 virus.
Department: Building, CityAttorney, DevelopmentSvcs, Planning DeptContact: 2022LS
Position: Watch
Priority: StatePriority
Subject: Housing
107.CA SB 1376
Author: Stern (D)
Title: State Energy Resources Conservation and Development Fiscal
Committee: yes
Urgency
Clause: no
Disposition: Pending
Committee: Senate Appropriations Committee
Hearing: 05/16/2022 10:00 am, 1021 O Street, Room 2200
Code
Section: An act to add Section 25325 to the Public Resources Code, relating to energy.
Summary: Requires the State Energy Resources Conservation and Development Commission to adopt a strategic plan on or before specified date, that supports the resource additions included in individual integrated resource plans adopted by the Public Utilities Commission for California's load-serving entities and those adopted by the commission, that are planned for interconnection to the electrical grid, beginning on specified date.
Digest: This bill would require the commission to adopt a strategic plan on or before November 1, 2023, that supports the resource additions included in individual integrated resource plans adopted by the Public Utilities Commission for California's load-serving entities and those adopted by the commission, that are planned for interconnection to the electrical grid, beginning on January 1, 2025. The bill would require thestrategic plan to identify and recommendthe actions required to implement investments needed to ensure reliability and meet future growth in electrical load and generation.
The bill would require the strategic plan to be included in the integrated energy policy report adopted on or before November 1, 2023.
Introduced: 02/18/2022
Last
Amend: 05/04/2022
Status: 05/04/2022 In SENATE. Read second time and amended. Re-referred to Committee on APPROPRIATIONS.
Department: Electric
DeptContact: 2022LS
Position: Watch
Priority: StatePriority
108.CA SB 1393
Author: Archuleta (D)
Coauthor Rodriguez (D)
Title: Energy: Appliances: Local Requirements
Fiscal
Committee: yes
Urgency
Clause: no
Disposition: Pending
Location: Senate Appropriations Committee
Code
Section:
An act to amend Section 25233.5 of the Public Resources Code, relating to energy.
Summary: Requires the commission to gather or develop, and publish on its internet website, the guidance and best practices by a specified date, and would require the guidance to include all of those specified topics and additional topics. Requires the commission to update annually the guidance and best practices. Requires a city, including a charter city, or county, when adopting an ordinance requiring the replacement of a fossil fuel fired appliance with an electric appliance upon the alteration or retrofit.
Digest: This bill would require the commission to gather or develop, and publish on its internet website, the guidance and best practices by July 1, 2023, and would require the guidance to include all of those specified topics and additional topics. The bill would require the commission to update annually the guidance and best practices. The bill would require a city, including a charter city, or county, when adopting an ordinance requiring the replacement of a fossil fuel-fired appliance with an electric appliance upon the alteration or retrofit of a residential and nonresidential building, to consider the guidance published by the commission. The bill would, on and after a specified date, require a local government, within 60 days of adopting that ordinance, to submit to the commission a copy of the ordinance, and other specified information and would require the commission to determine whether the local government considered the commission's published guidance in the adoption of the ordinance. If the commission determines that the local government had not considered the guidance, the bill would require the local government to consider the guidance, make any modification of the ordinance deemed
necessary by the local government, and resubmit the ordinance and other information to the commission.
The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.
Introduced: 02/18/2022
Last
Amend: 04/21/2022
Status: 05/09/2022 In SENATE Committee on APPROPRIATIONS: To Suspense File.
Department: Building, CityAttorney, EU, Electric, Housing DeptContact: 2022LS
Position: Watch
Priority: StatePriority
109.CA SB 1463
Author: Archuleta (D)
Title: Hydrogen Fueling Hub: Southern California
Fiscal
Committee: yes
Urgency
Clause: no
Disposition: Pending
Location: Senate Energy, Utilities and Communications Committee Code
Section:
An act to amend Section 43867 of, and to add Section 43872 to, the Health and Safety Code, relating to energy.
Summary: Requires the State Energy Resources Conservation and Development Commission to establish a hydrogen fueling hub in southern California that would include a heavy-duty hydrogen fueling station located at either the Port of Long Beach or the Port of Los Angeles and a medium and light-duty hydrogen fueling station located within 80 miles of the heavy-duty station.
Digest: This bill would require the commission to establish a hydrogen fueling hub in southern California that would include a heavy-duty hydrogen fueling station located at either the Port of Long Beach or the Port of Los Angeles and a medium- and light-duty hydrogen fueling station located within 80 miles of the heavy-duty station. The bill would require the commission to manage those stations.
This bill would make legislative findings and declarations as to the necessity of a special statute for southern California.
Introduced: 02/18/2022
Status: 03/10/2022 In SENATE. Rescinds referral to Committee on ENVIRONMENTAL QUALITY due to limitations concerning
COVID-19 virus.
Department: Electric
DeptContact: 2022LS
Position: Watch
Priority: StatePriority
110.CA SB 1466
Author: Stern (D)
Coauthor Portantino (D)
Title: Affordable Housing and Community Development
Fiscal
Committee: yes
Urgency
Clause: no
Disposition: Pending
Location: Senate Governance and Finance Committee
Code
Section:
An act to add Section 41202.6 to the Education Code, to add Part 4 (commencing with Section 55900) to Division 2 of Title 5 of, and to add Division 7 (commencing with Section 62350) to Title 6 of, the Government Code, and to add Section 97.68.1 to the Revenue and Taxation Code, relating to local government finance.
Summary: Establishes in state government the Affordable Housing and Community Development Investment Program, which would be administered by the Affordable Housing and Community Development Investment Committee.
Requires the Affordable Housing and Community Development Investment Committee to adopt guidelines for plans.
Digest: This bill would establish in state government the Affordable Housing and Community Development Investment Program, which would be administered by the Affordable Housing and Community Development Investment Committee. The bill would authorize a city, county, city and county, joint powers agency, enhanced infrastructure financing district, affordable housing authority, community revitalization and investment authority, transit village development district, or a combination of those entities, to apply to the Affordable Housing and Community Development Investment Committee to participate in the program and would authorize the committee to approve or deny plans for projects meeting specific criteria. The bill would also authorize certain local agencies to establish an affordable housing and community development investment agency and authorize an agency to apply for funding under the program and issue bonds, as provided, to carry out a project under the program.
The bill would require the Affordable Housing and Community Development Investment Committee to adopt guidelines for plans. Subject to the Legislature enacting a budget bill for the applicable fiscal year that specifies the amount for the committee to allocate pursuant to the program, the bill would require the committee to approve no more than $200,000,000 per year from July 1, 2024, to June 30, 2029, and $250,000,000 per year from July 1, 2029, to June 30, 2033, in transfers from a county's ERAF for applicants for plans approved pursuant to this program. This bill would provide that eligible projects include, among other things, the predevelopment, development, acquisition, rehabilitation, and preservation of workforce and affordable housing, certain transit-oriented development, and projects promoting strong neighborhoods.
The bill would require the Affordable Housing and Community Development Investment Committee, upon approval of a plan and subject to specified conditions, to issue an order directing the county auditor to transfer an amount of ad valorem property tax revenue that is equal to the affordable housing and community development investment amount approved by the committee, except as provided, from the county's ERAF. The bill would require the county auditor to either deposit that amount into the Affordable Housing and Community Development Investment Fund, which this bill would create in the treasury of each county, or, if the applicant is a specified type of authority or special district to transfer to the city or county that created the authority or district an amount of property tax revenue equal to the amount approved by the Affordable Housing and Community Development Investment Committee for that authority or district. The bill would require the city or county that created the district to, upon receipt, transfer those funds to the authority or district in an amount equal to the affordable housing and community development investment amount for that authority or district. By imposing additional duties on local officials, the bill would impose a state-mandated local program. The bill would authorize applicants to use approved amounts to incur debt or issue bonds or other financing to support an approved project.
The bill also would require each applicant that has received funding to submit annual reports, as specified, and would require the Affordable Housing and Community Development Investment Committee to provide a report to the Joint Legislative Budget Committee, if it approves funding under the program, that includes certain project information.
This bill would require the Director of Finance to adjust the percentage of General Fund revenues appropriated for school districts and community college districts for these purposes in a manner that ensures that the transfers from a county's ERAF pursuant to the Affordable Housing and Community Development Investment Program have no net fiscal impact upon the total amount of the General Fund revenue and local property tax revenue allocated to school districts and community college districts pursuant to Section 8 of Article XVI of the California Constitution, as specified.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Introduced: 02/18/2022
Status: 03/10/2022 In SENATE. Rescinds referral to Committee on EDUCATION due to limitations concerning COVID-19 virus.
Department: CityAttorney, Housing, Planning
DeptContact: 2022LS
Position: Support
Priority: StatePriority
Subject: Housing
111.CA SCA 9
Author: Gonzalez (D)
Title: Personal Rights: Right to Housing
Fiscal
Committee: yes
Urgency
Clause: no
Disposition: Pending
Location: Senate Housing Committee
Code
Section:
A resolution to propose to the people of the State of California an amendment to the Constitution of the State, by adding Article XXV thereto, relating to housing.
Summary: Declares that the fundamental human right to housing exists in this state.
Specifies that it is the shared obligation of state and local jurisdictions to respect, protect, and fulfill this right through progressively implemented measures, consistent with available resources, within an aggressive but reasonable timeframe.
Digest: This measure would declare that the fundamental human right to housing exists in this state. The measure would specify that it is the shared obligation of state and local jurisdictions to respect, protect, and fulfill this right through progressively implemented measures, consistent with available resources, within an aggressive but reasonable timeframe.
Introduced: 02/18/2022
Status: 03/23/2022 To SENATE Committees on HOUSING and ELECTIONS AND CONSTITUTIONAL AMENDMENTS.
Department: CityAttorney, Housing, Planning
DeptContact: 2022LS
Position: Watch
Priority: StatePriority
Subject: Housing
CITY COUNCIL
Law & Regulation Committee
CC #:
2089
File #:
0103-32-02
Title:
Electric Department Priority Legislation – May 2022
Contact:
Chris Romero 916-746-1660 [email protected]
Meeting Date: 5/26/2022
Item #: 6.2.
RECOMMENDATION TO COUNCIL
Discuss and provide input on any state or federal legislation presented to the committee.
BACKGROUND
Staff has been reviewing key energy legislation that has been introduced in 2022 to determine potential impacts to the Electric Department. Below is a list of key bills and related regulatory items staff has been monitoring:
State’s Zero-Emission Vehicle Infrastructure Plan (ZIP):
Zero-emission vehicle charging and hydrogen fueling infrastructure are crucial to meeting the State’s clean transportation goals. Public, private, and utility investments have played vital roles in deploying the existing charging and fueling infrastructure for California.
The California Energy Commission (CEC) held a workshop in April to discuss the draft Zero- Emission Vehicle Infrastructure Plan (ZIP), which is an interagency collaboration with Caltrans, CARB, the CPUC and the Governor’s Office of Business and Economic Development. The draft report details existing zero-emission vehicle (ZEV) infrastructure funding efforts, an infrastructure deployment plan, and an assessment of infrastructure needs and challenges. The Zero-Emission Vehicle Infrastructure Plan seeks to support decision-making in the public and private sectors by describing the state’s near- and long-term actions to ensure that zero-emission vehicle infrastructure deployment will meet the needs of the growing zero emission vehicle market.
The CEC’s key message during the April workshop expressed progress being made both in ZEV infrastructure deployment and ZEV purchases. Comments during the workshop were dominated by hydrogen advocates requesting additional funding for hydrogen fueling stations. Other comments included the need for more permit streamlining, additional state assistance for charging installations, increased charger reliability, improving building codes and an analysis of local distribution impacts.
The CEC emphasized the state is on a path to success with a multi-pronged approach of ZEV infrastructure installed by public, private, and utility sectors. The CEC intends to hold additional workshops and opportunities for public comment over the next several months. Roseville along with our trade associations will continue to monitor development of this Infrastructure Plan which is expected to be finalized in Summer 2022.
State Legislation:
SB 1393 (Archuleta) Energy: appliances: local requirements. (Watch) - This bill would
require a city to submit an application to the California Energy Commission (CEC) and get their approval, before the city could require that a natural gas appliance be replaced with an electric appliance. This bill would pertain to an alteration or retrofit of a home or nonresidential building. A city would not need to seek CEC approval if it is determined the requirement is not cost effective, and that it would not have adverse impacts to a skilled and trained workforce or increased costs for ratepayers. The author of this bill is concerned that local agency building electrification policies may force the replacement of a natural gas appliance, which could negatively impact low income customers.
Staff comments: The requirement in this bill currently impacts local agencies that have adopted building electrification policies for existing homes.
Although Roseville Electric offers various building electrification programs to assist customers adopt new technologies, these are strictly voluntary customer programs.
Also, the City of Roseville has not implemented any policies requiring customers to implement electrification retrofits. Staff will continue to monitor this bill to ensure that any future changes to this bill will not impact Roseville Electric’s building electrification programs.
AB 2793 (Muratsuchi) Greenhouse gas emissions: market-based compliance mechanism. (Watch)
- In 2006, the State Legislature through SB 32, approved the California’s Global Warming Solutions Act, which charged the California Air Resources Board (CARB) to adopt statewide GHG emission reduction targets. The States Cap-and-Trade program began in 2013, as a key program of California’s strategy to help meet these emission reduction targets.
This program established a system of market-based declining annual aggregate emission limits for sources (including electric utilities) that emit GHG emissions. This bill would require CARB, in consultation with the Independent Emissions Market Advisory Committee, to conduct an evaluation of the market based compliance mechanism to determine its effectiveness in meeting the emission reduction goals. This bill would also require CARB to adopt public banking metrics that track the number of unused compliance instruments in public and private accounts on an annual basis.
Staff comments: The city is watching this bill to determine if CARB is going to move into a different direction that could negatively impact the Cap-and-Trade program and reduce the annual allowances that are distributed to electric utilities.
AB 2703 (Muratsuchi) Zero-emission fueling station reliability standards: transportation:
low-income and disadvantaged community financial assistance. (Watch) - Currently
administered by the CEC, the Clean Transportation Program provides a funding mechanism to deploy innovative technologies that transform California's fuel and vehicle types to help attain the state's climate change goals and policies. One of those goals is putting at least 5 million zero emission vehicles (ZEV) on the road by 2030. This bill directs the CEC to develop a new program to assist low-income and disadvantaged community members with ZEV fueling facilities, micro mobility transportation options, and rideshare services. A person who receives state funding or other incentives to deploy a publicly available ZEV fueling station, including an EV charger, would be required to agree to operate the station in compliance with reliability standards developed by the CEC.
Staff comments: The bill does not currently impact Roseville Electric owned EV chargers since our department has not received any funding, as currently defined in this bill, from a state agency to own or operate charging stations.
However, with increased funding opportunities becoming available for ZEV fueling stations, the department will be closely monitoring this bill as it expands their EV infrastructure. This bill is expected to have more details in the future as staff will be monitoring the CEC’s development of EV charger reliability standards.
AB 2061 (Ting) Transportation Electrification: Electric Vehicle Charging Infrastructure. (Watch)
– Beginning July 1, 2023, an entity that receives incentive funding by a state agency to own or operate a charging station will be required to report charging station “uptime” to the California Energy Commission every 12 months over a 12-month rolling basis. The entity that received funding would also be required to annually report to the CEC information for a minimum of at least five years. The service provider of electric vehicle service equipment selected by the entity that received funding shall provide this data on behalf of the entity. “Uptime” is the charging station being operational and available for use, or in use, and dispensing electricity at the intended power level. Beginning January 1, 2025, the Commission will assess the uptime of public and ratepayer-funded charging station infrastructure to identify if there are differences in uptime by population density, geographical area, or population income level. If the assessment indicates an issue, the Energy Commission will consider adopting tools to increase charging station uptime, including uptime requirements or incentives.
Staff comments: The proposal in this bill would
be a new requirement for Roseville Electric, as we currently do not report on “uptime” for our chargers right now. However, it does not appear that Roseville receives any funding, as currently defined in this bill, from a state agency to own or operate charging stations. Accordingly, this bill is not applicable to us at this time. Staff will continue to monitor this bill to assess any changes that may impact the operation of Roseville Electric’s electric vehicle infrastructure or programs.
SB 1020 (Laird) Clean Energy, Jobs, and Affordability Act of 2022. (Watch) - This bill would
establish interim targets to reach SB 100 clean energy goals and require state agencies to purchase 100 percent zero carbon electricity by 2030 to serve their load. This bill would create interim targets as follows; to provide that eligible renewable energy resources and zero-carbon resources supply 90 percent of all retail sales of electricity to California end-use customers by December 31, 2035, 95 percent of all retail sales of electricity to California end-use customers by December 31, 2040, 100 percent of all retail sales of electricity to California end-use customers by December 31, 2045. SB 1020 would also authorize the CPUC and CEC, to disclose to the CAISO confidential information relating to power purchase agreements with electric generation and energy storage projects for purposes of transmission planning.
Staff comments: The
department is monitoring this bill as the proposed interim clean energy targets could potentially increase electricity costs which could impact future electric rates.
AB 2696 (E. Garcia) Electricity: Renewable Energy and Zero-Carbon Resources: State Policy: Transmission Planning. (Watch)
– This bill requires the Energy Commission to
conduct a study to review potential lower cost ownership and alternative financing mechanisms for new transmission facilities needed to meet the state’s clean energy and climate targets, including but not limited to, public ownership, public financing and partnerships with federal agencies.
Where an electrical corporation has applied for a certificate authorizing the construction of new transmission facilities, this bill requires that the California Public Utilities Commission (CPUC) find that the present or future public convenience and necessity require construction if the new facility will facilitate achievement of the state’s 100% renewable energy/zero carbon goals by 2045.
Staff
comments: The City is watching this bill as new transmission to meet the state’s clean energy goals is becoming a high priority in this year’s legislative session. A recent report by the California Independent System Operator (CAISO) estimates an additional $30 billion in transmission investments needed to support the state’s clean energy goals. While this bill supports looking at different ownership models to support transmission development, it may also result in an easier CPUC approval process of transmission projects, which could raise cost concerns for other utilities in the future.
Roseville electric is insulated from these cost increases at this time because we are located in a different Balancing Authority. The department supports future transmission system improvements that ensure cost allocation is born by the parties that stand to benefit from those improvements. The department will continue to monitor this legislation for any potential negative cost implications to the City.
SB 1075 (Skinner). Hydrogen: green hydrogen: emissions of greenhouse gases. (Watch)
- This bill would direct the California Air Resources Board (CARB) to develop definitions for the different categories of hydrogen and creates a California Clean Hydrogen Hub Fund within the State Treasury, to support projects that demonstrate and scale the production of clean hydrogen.
Requires the California Infrastructure and Economic Development Bank (I-Bank) to administer the fund and would authorize I-Bank to provide grants to publicly owned utilities and investor-owned utilities. The Governor would also be directed to appoint a Clean Hydrogen Hub Director to coordinate clean hydrogen issues statewide. The bill seeks policy recommendations to accelerate the production of green hydrogen, and how electrical generation could be better utilized to produce green hydrogen.
Staff comments: Currently Roseville Electric does not utilize Hydrogen in its power resource portfolio. However, the department remains open to new power resources and technology as it continues to strive to meet state renewable and clean energy goals. The department considers reliability and cost effectiveness before adoption of any new energy technology or clean energy alternatives. Staff will continue to monitor this bill on both the potential resource opportunities available to meet our department needs as well as the corresponding cost implications.
Federal:
Hydropower Licensing Process
In April, the Supreme Court reinstated section 401, of the U.S Environmental Protection Agency’s (EPA) Clean Water Act. This rule limits states’ authority to certify energy infrastructure projects, including hydropower relicensing applications, to one year.
The Supreme Court ruling on Section 401 occurred after a coalition of industry groups and states, including the National Hydropower Association, asked the high court to reinstate the rule forcing prompt state action pending an appeal.
In September 2020, one of Roseville’s key electric utility trade associations, NCPA, approved a request to contribute financial resources for NHA to join as a party defending the EPA’s rulemaking in court following litigation that vacated the rule. This action by the Supreme Court is a significant step as the section 401 process is typically highly unpredictable and is a vital contributor to the overall length of the licensing process. Roseville will continue to monitor this issue.
Conclusion
Staff will continue to keep the committee apprised of these important legislative proposals and request any direction as needed.
FISCAL IMPACT
The costs of these activities are contained within the City’s current budget.
ECONOMIC DEVELOPMENT / JOBS CREATED
The activities detailed in this report will not result in job development or creation.
ENVIRONMENTAL REVIEW
The California Environmental Quality Act (CEQA) does not apply to activities that will not result in a direct or reasonably foreseeable indirect physical change in the environment, or is otherwise not considered a project as defined by CEQA Statute §21065 and CEQA State Guidelines §15060(c)(3) and §15378.
The action of reviewing legislation meets the above criteria and is not subject to CEQA. No additional environmental review is required.
Respectfully Submitted,
Chris Romero, Government Relations Analyst
Dan Beans, Electric Utility Director
_____________________________
Dominick Casey, City Manager
CITY COUNCIL
Law & Regulation Committee
CC #:
2090
File #:
0103-32-02
Title:
Environmental Utilities Department Priority Legislation - May 2022 Contact:
Noelle Mattock 916-774-5504 [email protected]
Meeting Date: 5/26/2022
Item #: 6.3.
RECOMMENDATION TO COUNCIL
This staff report provides updates to the Law and Regulation Committee on priorities outlined in the 2022 City of Roseville Legislative Platform. This includes state and federal legislative, regulatory, and other relevant activities being tracked and acted on by the Environmental Utilities Department (EU).
BACKGROUND
State Legislation and Regulatory Updates
Support Bills
AB 1724 (Stone) Washing Machines: Microfiber Filtration. (Support) This measure would require that by January 1, 2024, all new washing machines sold in California shall contain a microfiber filtration system.
Staff Comment: The intent of this legislation is to help reduce the potential of Perfluoroalkyl and Polyfluoroalkyl (PFAS) substances from fabrics entering into our wastewater systems. We are supporting this legislation through our statewide trade associations. This measure will be heard in its first policy committee on April 26.
AB 1817 (Ting) Product safety: textile articles: Perfluoroalkyl and Polyfluoroalkyl substances. (Support)
This measure would prohibit a person from distributing, selling or offering for sale in California a textile article that contains Perfluoroalkyl and Polyfluoroalkyl
(PFAS), as of January 1, 2024.
Staff Comment: Both our wastewater and water agencies are often relied upon to remove chemicals during our treatment processes, which ultimately impacts our rate payers. Roseville staff has coordinated internally to assure this will not impact personal protection equipment worn by our employees. At this time, we have not received concerns so Roseville is supporting this measure through our statewide trade associations. Currently, AB 1817 is awaiting a vote on the Assembly Floor.
AB 2142 (Gabriel) Income Taxes: Exclusion: Turf Replacement Water Conservation Program. (Support)
This measure would make rebates received for participation in a turf replacement water conservation program exempt from personal and corporate taxes from January 1, 2022 through December 31, 2026
Staff Comment: This measure was heard in committee on March 21 st
. The committee
procedure is to hear tax exempt bills and then hold them in committee and determine which tax exemptions will move forward. This measure made it out of committee in early May and will need to make it out of the Assembly Appropriations committee by May 20 th
.
AB 2078 (Flora) Atmospheric Rivers: Research, Mitigation, and Climate Forecasting Program. (Support)
This measure would update the Atmospheric Rivers (ARs) Program in the Department of Water Resources (DWR) to better predict the impacts of ARs on water supply, flooding, post-wildfire debris flows, and the environment. And, would require DWR to take all actions within its existing authority to implement forecast-informed reservoir operations (FIRO).
Staff Comment: It is
estimated that nearly 50% of California’s annual precipitation comes from atmospheric rivers.
The Legislature has made prior investments of $22.25 million which has allowed DWR to leverage additional funding and participation from federal and local agencies.
By investing in
and gaining a deeper understanding of ARs, California can improve water supply reliability and flood protection.
Roseville is supporting this legislation through our statewide trade associations. This measure made it out of policy committee and is currently in the Appropriations Committee.
AB 2374 (Bauer-Kahan) Crimes Against Public Health and Safety: Illegal Dumping. (Support)
This measure would increase the maximum fines for illegal dumping for persons employing more than 10 full-time employees, and would require any person convicted of illegal dumping to remove or pay the cost of removing the waste that they were convicted of illegally dumping.
Staff Comment: Staff has participated in several meetings with statewide organizations and discussed issues faced within the City and has recently decided to take a support position.
Staff believes this measure will help as a deterrent. This measure pass out of committee on a unanimous vote on April 6 and is now on the Assembly Floor consent calendar.
AB 2440 (Irwin) Responsible Battery Recycling Act of 2022. (Support) This measure would create the Responsible Battery Recycling Act (Act) of 2022, which would require producers of lithium-ion batteries and battery-embedded products to establish a stewardship program for the collection and recycling of these batteries and battery-embedded products.
Staff Comment: This measure is consistent with the City of Roseville’s position on extended producer responsibility. AB 2440 has a mirror bill in the Senate SB 1215. Roseville is participating in a coalition in support of both of these measures. This measure made it out of its first policy committee on April 5
th
and is awaiting a hearing in the Assembly Natural Resources Committee.
AB 2481 (Smith) Household Hazardous Waste: Facilities: Transportation and Acceptance. (Support)
This measure would make 10 updates to the Health and Safety Code that would make it easier for individuals to properly dispose of Household Hazardous Waste (HHW), and provide HHW collection facilities with more operational flexibility, and reduce costs and burdens for local governments.
Staff Comment: This measure is sponsored by the Rural Counties Representatives of California.
They have spent several years developing the proposed changes in this measure.
AB 2481 made it out of the Environmental Safety and Toxic Materials Committee with unanimous support and was placed on consent in the Assembly Appropriations Committee where it passed out of on April 27
th
and passed on consent on the Assembly Floor on May
5th.
AB 2771 (Friedman) Cosmetic Products: Safety. (Support) This measure would prohibit any person or entity from manufacturing, selling, delivering, holding, or offering for sale in commerce any cosmetic product that contains any per- or polyfluoroalkyl substance (PFAS).
Staff Comment: We are supporting this legislation through our statewide trade associations.
This measure passed out of its first policy committee hearing on April 1 and is awaiting to be heard in the Assembly Committee on Health.
SB 1215 (Newman) Responsible Battery Recycling Act of 2022. (Support) This measure would create the Responsible Battery Recycling Act (Act) of 2022, which would require producers of lithium-ion batteries and battery-embedded products to establish a stewardship program for the collection and recycling of these batteries and battery-embedded products.
Staff Comment: This measure is consistent with the City of Roseville’s position on extended producer responsibility. SB 1215 has a mirror bill in the Assembly AB 2440. Roseville is participating in a coalition in support of both of these measures. SB 1215 is scheduled for its first hearing in the Senate on April 20.
Oppose Bills
AB 1931 (Rivas, L) Community water systems: Lead pipes. (Oppose) This measure was amended on March 28 and expands the current requirements for water systems to inventory and replace lead service lines within their system. This measure would require water systems to replace lead service lines on the customer side of the meters.
Staff Comment: This measure was a gut and
amend bill. California Code of Regulations, Title
22, Section 64551.60 defines “User service line," as “the pipe, tubing, and fittings connecting a water main to an individual water meter or service connection but does not include the service line from the meter to individual homes.”
Legislation in 2016 and 2017 required all community
water systems to compile an inventory of lead service lines within their system by 2018 and a schedule for the replacement of all known lead service lines and service lines of unknown material by 2020. This measure opens the City of Roseville to unknown liabilities and potentially violations of Propositions 218 and 26. Staff has begun coordinating with our statewide trade associations. AB 1931 was heard in the Environmental Safety and Toxic Materials Committee on April 26 and made it out of committee. It is now awaiting a hearing in the Assembly Appropriations Committee.
AB 2639 (Quirk) San Francisco Bay/Sacramento-San Joaquin Delta Estuary: Water Quality Control Plan: Water Permits. (Oppose Unless Amended) This measure would require the State Water Resources Control Board (SWRCB) to adopt and implement a final update to the San Francisco Bay/Sacramento-San Joaquin Delta Estuary Water Quality Control Plan (WQCP) by December 31, 2023. Additionally, this measure would prohibit the SWRCB from approving any new water right permits or extensions of time for existing permits resulting in new or increased diversions to surface water storage until they adopt and implement the WQCP.
Staff Comment: Roseville has two concerns with this bill. The first is the timing. Recently the Governor and a number of water agencies entered into a non-binding Memorandum of Understanding (MOU) to finalize negotiations on the Voluntary Agreements that will allow local agencies and the state to adaptively manage enhanced flows and habitat to improve conditions for fish and wildlife. There is a concern that the December 2023 deadline does afford the time to finalize the negotiations and provide due process for the adoption and implementation of the updated WQCP. The second issue is that should they not meet the December 2023 deadline, then major new surface storage projects like the Sites Reservoir will be derailed as the SWRCB would be prohibited from approving any new water permits or extensions. Roseville has joined the statewide trade association’s coalition who have taken an oppose unless amended position on AB 2639.
AB 2811 (Bennett) California Building Standards Commission: Recycled Water: Non- potable Water Systems. (Oppose Unless Amended)
This measure would require the State Water Resources Control Board to mandate the installation of onsite reuse systems for large commercial properties by 2025, without the consultation or
coordination with water or sanitation agencies.
Staff Comment: This measure is being sponsored by the Pipe Trades and is a follow up to Senator Wiener’s SB 966 (2018), which required the State Water Board to adopt risk-based water quality standards to help local jurisdictions develop an onsite water reuse program and prohibited the State Board from putting together a statewide required approach. Roseville is working through our statewide trade associations seeking amendments. AB 2811 was scheduled for its first hearing on April 26
th
and was subsequently cancelled by the author. This
measure failed to meet the policy deadline and is no longer moving this year .
SB 1124 (Archuleta) Public Health Goal: Primary Drinking Water Standard: Manganese. (Oppose Unless Amended)
This measure would require Office of Environmental Health Hazard Assessment (OEHHA) to establish a public health goal for Manganese by July 1, 2023. It also directs the State Water Resources Control Board (SWRCB) to adopt a primary drinking water standard. In the interim, the SWRCB would be required to establish a notification or response level by January 31, 2024.
The state board would also be required to establish monitoring requirements and water agencies will be required to monitor for manganese either through a general order or individual permit.
Staff Comment:
The State Water Board has establish a secondary drinking water standard for manganese of 0.05 milligrams per liter (mg/L), a standard established to address issues of aesthetics (discoloration). The State Water Board is already developing a notification level for manganese as it was previously included in the United States Environmental Protection Agency’s (U.S. EPA’s) Fourth Unregulated Contaminant Monitoring Rule (UCMR 4).
Roseville staff is concerned that this bill disregards the scientific and regulatory processes that are currently in place. Roseville is Opposing this legislation through our statewide trade associations. Currently, this bill is in the Appropriations Committee on Suspense. It will need to make it out of Appropriations by May 20, the fiscal deadline for legislation.
Regulatory
Executive Order N-7-22
In the face of a deepening drought and prior to the April 1 st
final snowpack survey, Governor
Gavin Newsom signed Executive Order (EO) N-7-22. This EO builds on the prior drought EO’s previously issued in 2021. As part of the latest EO, the State Water Resources Control Board (Water Board) is to adopt emergency regulations by May 25, 2022. As part of the emergency regulations, Roseville would be required to submit a preliminary annual water supply and demand assessment, a month early, by June 1, 2022. Additionally, the emergency regulation is to require agencies to move to a Stage 2 based on their water shortage contingency plan, which also would require a 20 percent reduction in water use. Roseville, moved to our Stage 2 in August of 2021.
Lastly, the Water Board is to consider defining
"non-functional turf" as part of the emergency
regulations and banning irrigation of non-functional turf in the commercial, industrial, and institutional sectors except as it may be required to ensure the health of trees and other perennial non-turf plantings.
There are several other provisions of the EO that could benefit our Aquifer Storage and Recovery (ASR) Program by encouraging recharge projects and requesting a list of projects and measures to address short and long-term drought response.
Federal Legislation and Funding
S. 3956 Wastewater Infrastructure Pollution Prevention and Environmental Safety Act (WIPPES). (Support)
This bill would direct the Federal Trade Commission, in consultation with the Environmental Protection Agency (EPA) to issue regulations on “Do Not Flush” labeling requirements for the covered products defined in the bill, which includes baby wipes, household wipes, disinfecting wipes or personal care wipes. Additionally, the bill would authorize a grant program at EPA ($5 million annually) to support and expand education and outreach activities by states, local governments and non-profit organizations to increase awareness of the label and proper disposal methods for these wipes.
Member Directed Funding Request
On April 4, Placer County Water Agency (PCWA), in coordination with the City of Roseville, submitted a request to both Senators Padilla and Feinstein for $7 million in support of a new raw water conveyance project better connecting PCWA's system to the Barton Road Water Treatment Plant. Roseville was able to secure support letters from Regional Water Authority (RWA) and State Senator Jim Nielsen for this request. This funding request is a continuation of funding that we received in the fiscal year 2022 appropriations bill to initiate discussions with the United States Army Corp of Engineers to enter into a project agreement.
Staff Comment: Per Roseville’s request, Senator Padilla successfully inserted a $21 million authorization into the Water Resources Development Act (WRDA) legislation and was passed by the Senate Environment and Public Works Committee on May 4 and is awaiting a vote on the Senate Floor. The House Committee on Transportation and Infrastructure will do committee markup on WRDA around the third or fourth week in May. After the WRDA bill is approved by Congress and signed by the President, Roseville and PCWA staff will work on getting an appropriation of at least $7 million (with funding requests in subsequent years as the project progresses) inserted into a federal appropriations bill to complete the process and secure federal funding.
FISCAL IMPACT
The costs of these activities are contained within the City’s current budget.
ECONOMIC DEVELOPMENT / JOBS CREATED
The activities contained in this report will not result in job development or creation.
ENVIRONMENTAL REVIEW
The California Environmental Quality Act (CEQA) does not apply to activities that will not result in a direct or reasonably foreseeable indirect physical change in the environment, or is otherwise not considered a project as defined by CEQA Statute §21065 and CEQA State Guidelines §15060(c)(3) and §15378. The action of reviewing legislation meets the above criteria and is not subject to CEQA. No additional environmental review is required.
Respectfully Submitted,
Noelle Mattock, Utility Government Relations Administrator Richard D. Plecker, P.E., Environmental Utilities Director
_____________________________
Dominick Casey, City Manager