AGENDA
June 23, 2022
SPECIAL MEETING
CITY COUNCIL
LAW & REGULATION COMMITTEE
9:00 A.M.
Council Chambers
311 Vernon Street
Roseville, California
www.roseville.ca.us
THE CITY OF ROSEVILLE WELCOMES YOUR PARTICIPATION
If an agenda item is open to public comment, such public comment shall be addressed to the chair of the meeting.
Public Comment
- Speakers have three minutes under Public Comment to speak on issues that
are not listed on the agenda and are within the City's jurisdiction. The Brown Act does not permit any action or discussion on items not listed on the agenda.
Consent Calendar
- If applicable, the Consent Calendar consists of routine items that may be approved by one motion. Any person can remove an item from the Consent Calendar to be discussed separately.
Agenda Items
- Speakers have five minutes to address items that are listed on the agenda.
Americans with Disabilities Act
- Notify the City Clerk or Secretary at least 72 hours in advance if special assistance is required to participate in a meeting including the need of auxiliary aids or services.
Audio/Visual Presentations
- If making a presentation regarding an agenda item, audio/visual materials must be submitted to the City Clerk or Secretary at least 72 hours in advance.
Roseville City Clerk 311 Vernon Street, Roseville, CA 916-774-5200 TDD 916-774-5220
1. CALL TO ORDER
2. SILENT ROLL CALL
3. PLEDGE OF ALLEGIANCE
4. PUBLIC COMMENTS
5. MINUTES
5.1. Minutes of Prior Meeting
Memo from Assistant City Clerk Helen Dreyer and City Clerk Carmen Avalos recommending the City Council Law & Regulation Committee members approve the minutes of the February 23, 2022, March 23, 2022, April 27, 2022, and May 26, 2022 Law & Regulation Committee meetings.
CC #:
2157
File #:
0103-32-01
CONTACT:
Helen Dreyer 916-774-5356 [email protected]
6. REPORTS/COMMENTS/COMMITTEE/STAFF
6.1. State & Federal Priority Legislation – June 2022
Memo from Government Relations Administrator Mark Wolinski and Deputy City Manager Megan Scheid with a report focusing on priority legislation regarding public safety, homelessness, cybersecurity, and other topics of importance to the City. The report also includes an update on the status of the Build Back Better Act.
CC #:
2158
File #:
0103-32-02
CONTACT:
Mark Wolinski 916-774-5179 [email protected]
6.2. Electric Department Priority Legislation - June 2022 Memo from Government Relations Analyst Chris Romero and Electric Utilities Director Daniel Beans with an overview of energy-related legislation and other activities that staff has been monitoring.
CC #:
2159
File #:
0103-32-02
CONTACT:
Chris Romero 916-746-1660 [email protected]
6.3. Environmental Utilities Department Priority Legislation - June 2022 Memo from Utility Government Relations Administrator Noelle Mattock and Environmental Utilities Director Richard Plecker with an informational report on state and federal activities that staff have been engaged in and legislation that staff has identified as potentially having a significant impact on City utility customers and the Environmental Utilities Department.
CC #:
2160
File #:
0103-32-02
CONTACT:
Noelle Mattock 916-774-5504
[email protected]
7. ADJOURNMENT
CITY COUNCIL
Law & Regulation Committee
CC #:
2157
File #:
0103-32-01
Title:
Minutes of Prior Meeting
Contact:
Helen Dreyer 916-774-5356 [email protected]
Meeting Date: 6/23/2022
Item #: 5.1.
RECOMMENDATION TO COUNCIL
Approve the minutes of the February 23, 2022, March 23, 2022, April 27, 2022, and May 26, 2022 Law & Regulation Committee meetings.
BACKGROUND
Not applicable.
FISCAL IMPACT
Not applicable.
ECONOMIC DEVELOPMENT / JOBS CREATED
Not applicable.
ENVIRONMENTAL REVIEW
Not applicable.
Respectfully Submitted,
Helen Dreyer, Assistant City Clerk
Carmen Avalos, City Clerk
_____________________________
Dominick Casey, City Manager
ATTACHMENTS:
Description
February 23, 2022 Minutes
March 23, 2022 Minutes
April 27, 2022 Minutes
May 26, 2022 Minutes
CITY COUNCIL
Law & Regulation Committee
CC #:
2158
File #:
0103-32-02
Title:
State & Federal Priority Legislation – June 2022
Contact:
Mark Wolinski 916-774-5179 [email protected]
Meeting Date: 6/23/2022
Item #: 6.1.
RECOMMENDATION TO COUNCIL
Staff requests the committee’s input on any of the bills and/or issues that are of particular importance to the committee.
BACKGROUND
The Legislature is taking further steps this year to find solutions to issues it was not able to address last year including public safety and the state’s housing and homeless crisis. As is typical, many of the bills being considered would place new restrictions, mandates, and requirements on local governments, which remains concerning and problematic. The following is an overview of some of the priority legislation related to public safety, housing, and homelessness.
Public Safety
Specific to public safety, the Government Relations team continues to track issues and legislation that may have an impact on our law enforcement operations. At the May crossover deadline for bills to pass their house of origin, the public safety list of tracked bills was reduced to 108 bills.
From these 108 bills, staff has further amplified our focus to 15 priority pieces of legislation.
Specific to current tracking, staff has identified the following primary categories; homeless response, mental health crisis response, substance abuse/fentanyl overdoses, organized retail crime, firearms / ghost guns, law enforcement hiring and reform, and hate crimes/criminal sentencing. This report highlights one bill from each category:
Homeless response
• SB 513 (Hertzberg) Homeless Shelters Grants: Pets and Veterinary Services (Watch) This bill would require the department, subject to an appropriation in the annual Budget Act, to develop and administer a program to award grants to qualified homeless shelters, as described, for the provision of shelter, food, and basic veterinary services for pets owned by people experiencing homelessness.
Staff comments: The department has currently taken a watch position on this bill to better understand the potential impacts of implementation. We have heard from our Social Services Unit the sheltering of pets can be a limitation to access care. Increased access to veterinary services and sheltering for pets may reduce this barrier.
Mental Health crisis response
• AB 662 (Rodriguez) Mental Health: Dispatch and Response Protocols (Watch) This bill
would require the Health and Human Services Agency to convene a working group to examine the existing dispatch and response protocols when providing emergency medical services to an individual who may require evaluation and treatment for a mental health disorder. Requires the working group to develop recommendations for improvements to those protocols and recommend amendments to the provisions governing involuntarily taking an individual into temporary custody for a mental health evaluation and treatment.
Staff comments: The department has currently
taken a watch position on this bill to better understand the potential impacts if the bill is ultimately signed into law. The job of a police and fire dispatcher is very dynamic and complex role. It’s an integral piece to the overall response cycle when the community is in need of public safety services. Whenever new regulations are imposed upon public safety communicators we want to ensure no potential risks occur for adverse changes to operations.
Substance abuse/fentanyl overdoses
• AB 1598 (Davies) Controlled Substances: Paraphernalia (Watch) This bill relates to
prohibitions on certain controlled chemicals. The bill excludes from these prohibitions any testing equipment that is designed, marketed, used, or intended to be used to analyze a substance for the presence of fentanyl, ketamine, gamma hydroxybutyric acid, or any analog of fentanyl.
Staff
comments: The department has currently taken a watch position on this bill to understand the potential impacts of implementation. Existing law defines certain chemicals as controlled substances and prohibits, among other things, the possession and use of those substances. Existing law also defines drug paraphernalia and prohibits, among other things, the manufacture, sale, and possession, as specified, of drug paraphernalia. This bill would exclude from these prohibitions any testing equipment that is designed, marketed, used, or intended to be used to analyze a substance for the presence of fentanyl, ketamine, gamma hydroxybutyric acid, or any analog of fentanyl. The police department recognizes there are serious consequences when fentanyl is introduced to a community. We have seen an increase in fentanyl related deaths. There would be possible adjustment to current procedures if some drug related paraphernalia is no longer illegal to possess.
Organized Retail Crime
• AB 1653 (Patterson) Property Crimes: Regional Property Crimes Task Force (Watch) This bill would specify theft of vehicle parts and accessories as a property crime for consideration by the regional property crimes task force.
Staff comments: The police department has
currently taken a watch position on this bill to better understand the potential impacts of implementation. Existing law, until January 1, 2026, requires the Department of the California Highway Patrol to coordinate with the Department of Justice to convene a regional property crimes task force to identify geographic areas experiencing increased levels of property crimes and assist local law enforcement with resources, such as personnel and equipment. By amending existing law to include vehicle accessories, this could be a new mechanism to fight against the growing catalytic converter theft trend seen across the Country.
Firearms / Ghost Guns
• AB 2156 (Wicks) Firearms: Manufacturers (Watch)
This bill would prohibit any person,
regardless of federal licensure, from manufacturing firearms in the state without being licensed by the state. Decreases the manufacturing threshold requiring state licensure from 50 or more firearms in a calendar year to 4 or more firearms in a calendar year. Prohibits any person, unless licensed as a firearm manufacturer, from manufacturing any firearm or precursor part by means of a 3d printer, as defined.
Staff comments: The police department has currently taken a watch position on this bill to better understand the potential impacts of implementation.
Un-serialized or ghost guns have become an increasing problem in our region.
Criminals have found a way to access untraceable firearms. This bill could provide restrictions to tighten down this market.
Law enforcement hiring and reform
• AB 2773
(Holden ) Traffic or pedestrian stops: notification by peace officers (Oppose) This bill requires a peace officer making a traffic or pedestrian stop, before asking any questions, to state the reason for the stop, unless the officer reasonably believes that withholding the reason for the stop is necessary to protect life or property from imminent threat. Requires the officer to document the reason for the stop on any citation or police report resulting from the stop.
Staff
comments: The department, in alignment with California Association of Police Chief’s, recommends an oppose position to this legislation. Placing restrictions on an officer’s ability to stop a car or pedestrian potentially constricts their ability to effectively police our community.
Hate crimes/Criminal sentencing
• AB 1788 (Cunningham) Sex Trafficking: Actual Knowledge Or R Disregard (Watch) This
bill would allow civil penalties to be imposed against a hotel if a supervisory employee of the hotel knew of or acted with reckless disregard of the activity constituting sex trafficking activity. Relates to failing to inform law enforcement, the National Human Trafficking Hotline, or another appropriate victim service organization. Authorizes a city, county, or city and county attorney to seek equitable relief, or to seek a civil penalty.
Staff comments: The police department has currently taken a watch position on this bill to better understand the potential impacts of implementation. This bill would authorize a city, county, or city and county attorney to seek equitable relief, or to seek a civil penalty of $1,000 for the first violation, $3,000 for a 2nd violation within the same calendar year, and $5,000 for a 3rd and any subsequent violation of sex trafficking within the same calendar year. This bill would also authorize a court to consider specified factors and exercise its discretion to increase the amount of the civil penalty, not to exceed $10,000, for any 4th or subsequent violation. Our city is a destination location for many travelers and we have many users of hotels in our city. This legislation could potentially discourage nefarious hotel operators from ignoring red flags related to possible human trafficking incidents.
Other
• SB 1000
(Becker) Law enforcement agencies: radio communications (Watch)
This bill
would require a law enforcement agency, including the California Highway Patrol, municipal police departments, county sheriff's departments, specified local law enforcement agencies, and specified university and college police departments, to, by no later than specified date, ensure public access to the radio communications of that agency, as specified.
Staff comments: The
department has currently taken a watch position on this bill to better understand the potential impacts of implementation. This legislation would not impact Roseville Police because our operating procedures already encrypt information which the Department of Justice requires while leaving our main operations communication un-encrypted. We are tracking the bill and making the committee aware that the department is already doing what this legislation is attempting to accomplish.
Moving forward, we’ll continue to coordinate with our state lobbyist, as wells as our industry and association partners at Cal Chiefs, California Police Officers Association (CPOA), and Peace Officers Research Association of California (PORAC) to further refine our advocacy strategy.
Other Active Priority Bills - Cybersecurity, Libraries, and Permitting for Solar Systems • AB 581 (Irwin) – Cybersecurity (Support)
- This bill would require all state agencies, as
generally defined, to review and implement specified National Institute of Standards and Technology (NIST) guidelines for, among other things, reporting, coordinating, publishing, and receiving information about a security vulnerability relating to information systems and the resolution thereof, no later than July 1,2023.
Staff comments: The City supports this bill due
to the importance of a strong and integrated cybersecurity system. NIST is a respected cybersecurity standard setter, known for careful and thorough development of frameworks that help organizations understand and mitigate cybersecurity risks. NIST's current work on coordinated vulnerability disclosure (CVD) best practices will become the standard for U.S. federal government CVD programs and is logical guidance for the State of California as it implements its own CVD programs. • SB 34 (Umberg) Libraries: student success cards (Support) - This bill would require the
State Department of Education to develop and implement a competitive grant program to award one-time funding to local educational agencies, library districts, and public libraries for the purpose of providing every public school pupil enrolled in the local educational agency with a student success card. The bill would require a local educational agency, library district, or public library that applies for grant funding to submit a grant application, as specified, and would require grant recipients to enter into a memorandum of agreement or memorandum of understanding, as specified.
Staff comments: The City has taken a support position on this bill based on the funding that might be available to City libraries when entering into an agreement to implement a student success card program.
• SB 379 (Wiener) Residential solar energy systems: permitting (Oppose) - This bill would
require every city, county, or city and county to implement an online, automated permitting platform that verifies code compliance and issues permits in real time for a solar energy system that is no larger than 38.4 kilowatts alternating current nameplate rating and an energy storage system paired with a solar energy system that is no larger than 38.4 kilowatts alternating current nameplate rating.
The bill would require a city or county to amend a certain ordinance to authorize a solar energy system and an energy storage system to use the online, automated permitting platform.
Staff
comments: The City has taken an oppose position on this bill primarily because it would require the City to install a new online permitting program that would, upon completion of an online application, issue a permit for a residential solar rooftop system. This type of online “check box” format would preclude the City from any level of review of the solar system until installation of the system has begun and inspections are called for as defined by the permit.
Other Active Priority Bills – Homelessness and Housing
• AB 1615 (Ting) – Foster Youth: Housing (Support)
- This bill would rename the housing
navigator program as the Housing Navigation and Maintenance Program, and would extend eligibility and priority for the program to help young adults who are 18 to 24 years of age, inclusive, with priority given to young adults formerly or currently in the foster care system.
Staff comments:
The City has taken a support position on this bill for the assistance it would provide to foster youths. Statistics confirm that foster youths are a segment of the community that are vulnerable to becoming homeless. This bill would extend the age of eligibility for transitional housing in all counties to any former foster youth who is at least 18 years of age and not more than 25 years of age, and would extend the maximum time they may receive services pursuant to these provisions to thirty-six months.
• AB 411 (Irwin) - Veterans Housing and Homeless Prevention Bond Act of 2022 (Watch) -
This bill would enact the Veterans Housing and Homeless Prevention Bond Act of 2022 (VHHPA) to authorize the issuance of bonds in an amount not to exceed $600 million to provide additional funding for the VHHPA. The bill would provide for the handling and disposition of the funds in the same manner as the 2014 bond act.
Staff comments:
There are more than 11,000 homeless
veterans in California, and even more experiencing housing insecurity. AB 411 would provide assistance to veterans who are homeless or who need affordable rental housing to secure housing for themselves and their families. Staff is watching this bill to understand the outcomes and opportunities that might exist to help veterans in Placer County if this bond were to be approved.
•
SB 1338 (Umberg) Community Assistance, Recovery and Empowerment (CARE) Court (Watch)
This bill would enact the Community Assistance, Recovery, and Empowerment (CARE) Act, which would authorize specified persons to petition a civil court to create a voluntary CARE agreement or a court-ordered CARE plan and implement services, to be provided by county behavioral health agencies, to provide behavioral health care including stabilization medication, housing, and other enumerated services to adults who are suffering from schizophrenia spectrum and psychotic disorders and who meet other specified criteria.
Staff Comments: The City has
taken a watch position on this bill to understand how this Court, if signed into law, would impact the City’s homelessness efforts and how it could be incorporated to help those that are homeless and who have serious mental illnesses. The proposed Court would allow family members, clinicians, first responders, and county staff to refer people experiencing a mental health crisis to the Court.
•
AB 2547 (Nazarian) Housing Stabilization to Prevent and End Homelessness Among Older Adults and People with Disabilities Act (Support) This bill would require the California
Department of Aging, on or before January 1, 2024, to create and administer the Housing Stabilization to Prevent and End Homelessness Among Older Adults and People with Disabilities Program. The bill would require the department, in administering the program, to offer competitive grants to nonprofit community-based organizations, continuums of care, and public housing authorities to administer a housing subsidy program for older adults and persons with a disability that are experiencing homelessness or at risk of homelessness.
Staff Comments: The City has
taken a support position on this bill based on the support it would provide to address homelessness in the senior population.
It is understood that 45 percent of unhoused
Californians in adult-only households are aged 50 and older. A recent study showed that nearly half of unhoused older people experienced their first episode of homelessness after age 50. Homelessness contributes to lower life expectancy, especially among seniors.
This bill will create a program to the address the housing needs of lower-income seniors and people with disabilities who are homeless or at risk of homelessness. The Department will administer the Program and award grants to local housing authorities, Continuums of Care or non-profit organizations.
• AB 2186 (Grayson) Housing Cost Reduction Incentive Program (Watch) -
This bill would
establish the Housing Cost Reduction Incentive Program, to be administered by the department, for the purpose of reimbursing cities and counties for development impact fee waivers or reductions provided to qualified rental housing developments. Upon appropriation, the bill would require the department to provide grants to applicants in an amount equal to 50% of the amount of development impact fee waived or reduced for a qualified rental housing development by issuing a Notice of Funding Availability for each calendar year in which funds are made available for the program, as provided.
Staff comments: The City has taken a watch position on this bill to understand how the creation of the Housing Cost Reduction Incentive Program would encourage cities and counties to waive or reduce impact fees for affordable rental housing developments and how the program would reimburse 50% of the value of fee waivers or reductions granted by a city. The bill stipulates that in the event that incentive claims exceed appropriations in any given year, awards to cities and counties would be pro-rated. It is unclear how the bill would address this shortfall should it occur, which would be problematic for local governments wanting to participate in the program.
Failed to Advance
•
AB 2569 (Nguyen) Department of Homelessness Prevention, Outreach (Support) - This
bill would require the California Health and Human Services Agency to convene a working group that includes representatives from all departments and agencies that currently receive funding relating to services for homeless individuals. The bill would require the working group to determine the best approach to creating a Department of Homelessness Prevention, Outreach, and Support and to submit its findings and recommendations to the Legislature no later than January 1, 2024.
Staff comments: The City has taken a support position on the bill as it would require the Department of Homelessness Prevention, Outreach, and Support to create a simplified funding stream for providers in order to more easily provide services to homeless individuals who need them most. (The bill failed to move out of committee.) •
AB 2218 (Quirk-Silva) Credit Services Organization (Support if Amended) – This is a gut
and amend bill that now relates to the California Environmental Quality Act (CEQA) and would provide that a person does not have standing to bring an action or proceeding to attack, review, set aside, void, or annul acts or decisions of a public agency undertaken to implement a project involving the development of housing at an infill site, unless the person resides within 20 miles of the project.
Staff comments: The City has taken a support if amended position on the bill.
Elements of CEQA continue to present challenges to the construction of affordable housing. This bill would place a restriction on who could challenge a housing project to those that live within a 20-mile radius of the project. Staff believes the radius is too large and will work to offer amendment language to the author that would reduce the radius. (The bill failed to pass its house of origin.)
Federal
Build Back Better Act
As noted in previous reports to the committee, the Build Back Better bill failed to be approved by Congress late last year. A substantially smaller version of the bill is still being considered by Senators Schumer and Manchin who continue to discuss the possibility of bringing forward the reworked bill. There is a growing recognition that the passage of the bill could hinge on prescription drug pricing provisions designed to decrease government spending on pharmaceuticals and lower patients’ out-of-pocket costs.
The fact that the two senators are focused on this element of the bill is considered to be significant and indicates signs that earnest discussing are occurring on the legislation. The prescription drug component is essential to Senator Manchin, as it would address certain affordability issues constituents repeatedly complain about.
Despite the remaining uncertainty regarding the bill, it is still possible that a narrow Build Back Better package may be brought forward in the coming weeks. The upcoming elections later this year are playing a role in this effort as the Administration and the Democrats want to secure some major accomplishment ahead of the mid-term elections.
Conclusion
Government relations staff will continue to review and advocate on all priority bills that are being tracked. Staff will also continue to monitor all bills to ensure that any gut and amend bills are reviewed to understand whether they might have implications to the City.
FISCAL IMPACT
The costs of these activities are contained within the City’s current budget.
ECONOMIC DEVELOPMENT / JOBS CREATED
The activities detained 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,
Mark Wolinski, Government Relations Administrator
Megan Scheid, Deputy City Manager
_____________________________
Dominick Casey, City Manager
CITY COUNCIL
Law & Regulation Committee
CC #:
2159
File #:
0103-32-02
Title:
Electric Department Priority Legislation - June 2022
Contact:
Chris Romero 916-746-1660 [email protected]
Meeting Date: 6/23/2022
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 energy items staff has been monitoring:
State Legislation
:
AB 847 (Quirk) Electrically Conductive Balloons (Support) –
This bill would require on or
before September 1, 2024, the Office of Energy Infrastructure Safety with the Office of Emergency Services to adopt regulations governing the sale or manufacture of celebratory balloons constructed of electrically conductive material. The regulations shall require that these balloons pass a standard test performed by a reputable electric testing center without causing a fault at high-voltage electric distribution levels. After September 1, 2026, a business shall not sell or offer for sale, and a manufacturer shall not manufacture for sale in this state, any celebratory balloon made of electrically conductive material unless it complies with the requirements of this bill.
Staff comments: Historically, the Department has experienced power outages due to electrically conductive balloons coming into contact with our overhead distribution lines. Although the department and our trade associations are seeking to expressly allow publicly owned utilities to adopt their own local balloon ordinances, Roseville expresses its support with the existing bill language.
SB 1158 (Becker) Retail Electricity Suppliers: Greenhouse Gas Emissions: Integrated Resource Plans. (Oppose)
–
This bill would establish a new program at the California Energy Commission, which will require every retail supplier of electricity to report emissions data to the CEC. Beginning January 1, 2026, this emissions data will need to be reported annually on hourly greenhouse gas emissions associated with each specified generating resource and unspecified resources.
This bill would require the PUC to calculate and publish on its internet website an annual report showing the percentage of each load-serving entity's local and system resource adequacy requirements from the previous calendar year that was met with capacity from eligible renewable energy resources or zero-carbon resources. It would also require the Energy
Commission to annually publish on its internet website an aggregated summary of the data reported by each retail supplier.
Staff comments: The Department is concerned about the
new hourly reporting requirements. By creating a new regulatory compliance requirement, it has the potential to be overly burdensome from a reporting and staff time perspective. The power content label is currently used as a way to inform our customers about the power they receive; however, this proposal is moving to a more difficult and technical standard that may be more confusing than helpful for general consumption. Staff is currently working with the author to provide potential amendments that could change our current position of opposition.
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:
Department staff and its trade associations are currently interacting with the author and Senate leadership to address our issues. Staff will continue to monitor this bill as the proposed interim clean energy targets may potentially increase electricity costs, impact procurement flexibility, and put upward pressure on future electric rates.
SB 1145 (Laird) California Global Warming Solutions Act of 2006: greenhouse gas emissions: dashboard (Watch)
-
This bill would require the California Air Resources Board (CARB) to create an internet dashboard that provides publicly available information about how the state is progressing toward meeting its statewide climate change goals. With the assistance of electric utilities, CARB currently produces a greenhouse gas inventory report on an annual basis, however a public dashboard may offer a more user friendly approach for the public to understand the information. According to the author, the air resources board would rely on data they already collect to create the new dashboard.
Staff comments: There is no immediate impacts to our
utility, however the Department is watching this bill to determine informational needs from electric utilities in the future (i.e. additional reporting mandates would be burdensome).
SB 1032 (Becker) Public Utilities Commission: electrical transmission grid development and expansion: study (Watch)
-
This bill requires the California Public Utilities Commission (commission) to consult with other entities, such as the CEC, to develop a report with recommendations that identify proposals to accelerate the deployment of expanding transmission to meet the state’s clean energy goals. In conducting the study, the commission shall consider public ownership of transmission facilities and approaches to lower the cost of financing. They shall also consider public private partnerships to provide state support for permitting and siting of transmission projects. The study must be completed by January 1, 2024.
Staff comments:
The Department supports future
transmission system improvements to meet the state’s clean energy goals. We will continue to advocate that any costs for the transmission improvements are allocated to 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.
State:
Budget Update, Climate and Energy Package
With California leadership already funding a number of clean energy programs, the 2022-23 State Budget will not disappoint, as it provides further support meeting the state’s clean energy goals.
The proposed budget includes a $21 Billion “
Climate and Energy Package
”. This package is
projected to provide funding for such items as Wildfire Resilience, Sea Level Rise, Extreme Heat, Energy, Zero-Emission Vehicles, and other climate-related actions. The budget bill must be passed by the June 15 deadline. Staff will provide additional information as more details come in.
Federal:
Electric utilities seek temporary waiver of transformer standards Roseville electric and utilities across the nation, support the American Public Power Association (APPA) and the National Rural Electric Cooperative Association (NRECA) and the letter they sent asking the Department of Energy to waive energy efficiency standards for a key component of the power grid, warning of power outages and citing challenges in procuring the devices due to the supply chain crisis. The DOE should temporarily stop enforcing energy conservation standards for distribution transformers. The letter notes both trade associations believe a temporary waiver will help with the critical supply chain issues electric utilities are experiencing in procuring distribution transformers.
Waiving the standards could enable manufacturers to increase production of these components, which utilities need to have in their inventory in order to restore service after power outages. The trade associations stated in the letter, “
Therefore, we urge you to temporarily waive the energy
conservation standard for distribution transformers to make it possible for manufacturers to increase output as much as possible until this immediate crisis has abated .” The transformer
shortage is yet another example of the supply chain crisis’s effects on Roseville and the entire energy sector.
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 #:
2160
File #:
0103-32-02
Title:
Environmental Utilities Department Priority Legislation - June 2022 Contact:
Noelle Mattock 916-774-5504
[email protected]
Meeting Date: 6/23/2022
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
May 27 marked the half-way point in this year’s legislative session, also known as the House of Origin Deadline. All bills introduced in the Assembly and Senate this year needed to pass on the Floor of their respective Houses. Below is an update on high-priority bills we have previously shared with the Law and Regulation Committee, based on if they are still ‘alive’ (made it out of their respective Houses) or if they are ‘dead’ (were kept in their respective Houses).
Alive Bills
Support
AB 1817 (Ting) Product safety: textile articles: Perfluoroalkyl and Polyfluoroalkyl substances. (Support)
This measure would prohibit, beginning January 1, 2025, a person from distributing, selling or offering for sale in California a textile article that contains Perfluoroalkyl and Polyfluoroalkyl (PFAS).
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. This measure made it out of the Assembly on a 52-2 vote with 24 members abstaining.
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: As the drought deepens and Roseville is faced with additional mandated conservation activities, Roseville is supporting this tax exemption on the funding our customers receive to incentivize turf conversions to more water friendly landscaping. Since the opening of Roseville’s demonstration garden, we are seeing an increased interest of community members visiting the garden to learn how they too can have a beautiful yard while using less water. This measure made it out of committee in early May and was placed on consent, making it out of the Assembly and to the Senate on May 25 th
.
AB 2247 Perfluoroalkyl and Polyfluoroalkyl Substances (PFAS) and PFAS Products and Product Components: Public Accessible Reporting Platform. (Support) AB 2247 does two things. First, it would create a statewide database of products and product components that contain per and poly flouro-alkyl substances. Second, it would require a manufacturer of PFAS or a product or product component containing intentionally added PFAS being imported to CA for sale or distribution, to register their product on the new database by July 1, 2025.
Staff Comment: Roseville is supporting this measure to help the state gain a better understanding of the types of products that contain PFAS substances. This is important for the Environmental Utilities Department as both wastewater and water agencies are often relied upon to treat for these manmade substances and we do not have control over how they enter our systems. Ultimately, our customers end up having to pay higher rates for that treatment.
Knowing who and what products are responsible for introducing these substances into the environment is the first step in ensuring that they be held responsible for the proper clean-up and disposal versus placing the responsibility upon rate-payers. This measure made it out of the Assembly on a 43 to 19 vote with 16 members abstaining.
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 decided to take a support position. Staff believes this measure will help as a deterrent. This measure passed out of committee and was placed on consent, where it passed to the Senate on May 16th.
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 their batteries and battery-embedded products. And they would have a year (January 2025 to December 2025) to submit their plan for approval by the Department of Resources, Recycling, and Recovery (CalRecycle).
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 the Assembly on a 58 to 7 vote with 13 members abstaining.
AB 2481 (Smith) Household Hazardous Waste: Facilities: Transportation and Acceptance. (Support)
This measure would make 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 while reducing 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.
Staff believes the proposed changes will make it easier for customers to responsibly dispose of their HHW at collection facilities. Additionally, staff believes the changes will streamline our ability to address HHW that has been illegally dumped.
This measure has enjoyed bipartisan
support and sailed through the Assembly on consent.
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: All three utilities are potentially impacted by the presence of PFAS. The State and Federal governments are working on regulations/public health goals, and notification limits that rate payers will then pay for. Eliminating sources, where appropriate and feasible is a quick and efficient way to reduce the burden on rate payers. We are supporting this legislation through our statewide trade associations. This measure made it out of the Assembly on a 51 to 13 vote with 14 members abstaining.
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 their batteries and battery-embedded products. And they would have a year (January 2025 to December 2025) to submit their plan for approval by the Department of Resources, Recycling, and Recovery (CalRecycle).
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. This measure made it out of the Senate on a 28 to 8 vote with 4 members abstaining.
Oppose
AB 2201 (Bennett) Groundwater Sustainability Agency: Groundwater Extraction Permit. (Oppose Unless Amended)
This measure would prohibit a local agency from approving a permit for a new groundwater well or alteration to an existing well in a medium- or high-priority basin until it obtains a written determination from the relevant groundwater sustainability agency (GSA) that the new well or well alteration is consistent with the basin's groundwater sustainability plan (GSP) and will not impact nearby wells or contribute to subsidence that impacts nearby infrastructure.
Staff Comment: This measure comes directly from the Governors Executive Order N-7-22 (E.O.). Roseville and the water industry are attempting to work with the author on the technical aspects of the bill so that it conforms with how many local agencies are implementing the E.O.
One example of what industry is seeking is that the entity seeking the well permit be responsible for obtaining a report from a licensed entity documenting the impact/potential impact the well may have on nearby residential and other wells. This measure made it out of the Assembly on a 44 to 24 vote with 10 members abstaining.
AB 1931 (Rivas, L) Community water systems: Lead pipes. (Oppose) This measure was amended in March to expand the current requirements for water systems to inventory and replace lead service lines within their system. Among other elements, this measure would
require water systems to re-inventory their water systems for a third time to identify lead service lines based on a new definition of a
lead service line
and a new definition of
service line
.
Staff Comment:
While it is Roseville’s top priority to provide customers with safe, reliable and affordable water, staff has concerns with this 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. This measure made it out of the Assembly on a 52 to 15 vote with 11 members abstaining.
SB 1124 (Archuleta) Public Health Goal: Primary Drinking Water Standard: Manganese. (Oppose Unless Amended)
This measure would require the 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 SWRCB 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:
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. The SWRCB 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). This measure made it out of the Senate on a 31 to 5 vote with 4 members abstaining.
SB 1157 (Hertzberg) Urban Water Use Objectives: Indoor Residential Water Use. (Oppose Unless Amended)
This measure proposes to amend the indoor water standards in 2025 and 2030 established with the passage of AB 1668 (Friedman) in 2018. This measure would set the new 2025 standard at 47 gallons per capita daily (GPCD) and 42 GPCD beginning in 2030.
Staff Comment: Last year this bill was authored by Assemblywoman Freidman. Roseville has been working as member of a coalition in opposition. As noted in prior Staff Reports, the Department of Water Resources (DWR) has released their required study suggesting an indoor water use standard of 47 GPCD in 2025 and 42 GPCD in 2030, which mirrors the bill in print. After many coalition meetings, the water industry has decided to focus on the 2030 number and also seek funding through the budget process to help water agencies reach the 2025 indoor standard of 47 GPCD. Roseville has raised and continues to express concern because these standards did not adequately contemplate or evaluate the impacts of COVID.
During COVID many workers shifted to work from home placing new demands on residential indoor that we expect to continue into the future. This measure made it out of the Senate on a 28 to 9 vote with 3 members abstaining.
Neutral
AB 2536 (Grayson) Development Fees: Impact Fee Nexus Studies: Connection Fees and Capacity charges (Oppose)
This measure, requires local agencies imposing a new fee or capacity charge to include evidence within our evaluation that shows the fee or charge does not exceed the reasonable cost of providing the service. And requires the evaluation be made available 14 days prior to adoption of the study/evaluation.
Staff Comment: Our trade associations worked with the Author’s office to obtain amendments that are already required as part of our Nexus Study. In return they moved to a watch position.
Dead Bills
Support
AB 1724 (Stone) Washing Machines: Microfiber Filtration. (Support) As introduced, this bill would have required all new washing machines sold in California to contain a microfiber filtration system, by January 1, 2024. This measure was amended in April to apply to state-owned washing machines only. And would have required all state-owned washing machines to be equipped with a with microfiber filtration system.
Staff Comment: We supported this measure as it was introduced because it was intended to help reduce the potential of per- and polyfluoroalkyl (PFAS) substances from fabrics entering into our wastewater systems. This measure was ultimately held in the Appropriations Committee due to the costs to the state to retrofit their washing machines at college campuses and various correctional facilities and other sites with washing machines.
AB 2078 (Flora) Atmospheric Rivers: Research, Mitigation, and Climate Forecasting Program. (Support)
This measure would have reconfigured the Atmospheric Rivers: Research, Mitigation, and Climate Forecasting Program (Atmospheric Rivers Program) within the Department of Water Resources (DWR) to incorporate Forecast-Informed Reservoir Operations (FIRO).
Staff
Comment: Roseville supported this legislation through our statewide trade associations. It is estimated that nearly 50% of California’s annual precipitation comes from atmospheric rivers.
Additional evidence shows that our traditional reliance upon our snowpack as our largest water storage facilities is becoming less reliant.
The state needs to invest in and adapt to the new
climate conditions so they can operate the system as it works today. 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.
There is potential that this or
elements of this measure will be worked into the budget, which is to be adopted by June 15.
Oppose
AB 2639 (Quirk) San Francisco Bay/Sacramento-San Joaquin Delta Estuary: Water Quality Control Plan: Water Permits. (Oppose Unless Amended) This measure would have required 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 have prohibited 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 had 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 have met the December 2023 deadline, then major new surface storage projects like the Sites Reservoir would have been derailed as the SWRCB would have been prohibited from approving any new water permits or extensions. This measure failed to obtain the required 41 votes to pass.
AB 2811 (Bennett) California Building Standards Commission: Recycled Water: Non- potable Water Systems. (Oppose Unless Amended)
This measure would have required 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 was 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 worked through our statewide trade associations to seek 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 .
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 Plecker, Environmental Utilities Director
_____________________________
Dominick Casey, City Manager