April 2020 – This Month in Sacramento
THIS MONTH IN SACRAMENTO – APRIL 2020 NEWSLETTER
Legislative Update
by Richard Markuson
Region 9 Legislative Advocate
The bill introduction deadline was February 21, 2020. Region 9 committees will now beging to review these bills.
New Legislation
AB 1907 (Santiago – D) Would, until January 1, 2029, exempt from environmental review under CEQA certain activities approved by or carried out by a public agency in furtherance of providing emergency shelters, supportive housing, or affordable housing, as each is defined. The bill would require a lead agency that determines to carry out or approve an activity that is within this CEQA exemption to file a notice of exemption, as specified. Current Status: 1/30/2020-Referred to Coms. on NAT. RES. and H. & C.D.
AB 1908 (Chen – R) Would require the Department of Transportation, within its maintenance program, to establish a Homeless Encampment and Litter Program to provide timely abatement and cleanup of homeless encampments on department property and expedited and coordinated access to housing and supportive services. The bill would require the department to coordinate with homeless service provider agencies and to establish homeless adult and family multidisciplinary personnel teams. The bill would require the department, upon receiving a report of a homeless encampment, to deploy a multidisciplinary personnel team to expedite and coordinate access to housing and supportive services for occupants of the encampment. Current Status: 2/27/2020-Referred to Coms. on TRANS. and HUM. S.
AB 1957 (Gallagher – R) Current law authorizes, until January 1, 2025, local agencies, as defined, to use the design-build project delivery process, as specified, for specified public works.This bill would authorize the Paradise Irrigation District to utilize the design-build project delivery process to assign contracts for the construction of a water conveyance pipeline from the Town of Paradise to the City of Chico. Current Status: 2/18/2020-Re-referred to Com. on L. GOV.
AB 1991 (Friedman – D) Would expand the purpose of the Transit and Intercity Rail Capital Program to authorize funding for passenger tramway transit systems. By expanding the purposes for which continuously appropriated moneys may be used, the bill would make an appropriation. Current Status: 2/6/2020-Referred to Coms. on TRANS. and NAT. RES.
AB 1992 (Friedman – D) Would state the intent of the Legislature to enact legislation that would establish a new program to fund climate change adaptation planning for transportation impacts, data collection, modeling, and training. The bill would require the department, in consultation with the commission, to update the asset management plan on or before December 31, 2022, and for the update to also address the forecasted transportation infrastructure impacts of climate change. The bill would require both the 3rd update to the California Transportation Plan, which is due in 2025, and the Strategic Growth Council’s report to include a forecast of the transportation impacts of climate change and measures to address those impacts. Current Status: 2/6/2020-Referred to Coms. on TRANS. and NAT. RES.
AB 1997 (Nazarian – D) Would require the California Building Standards Commission, by June 30, 2021, to assemble a functional recovery working group comprised of certain state entities and members of the construction and insurance industries, as specified. The bill would require the working group, by June 30, 2023, to consider whether a “functional recovery” standard is warranted for all or some building occupancy classifications, using specified criteria, and to investigate the practical means of implementing that standard, as specified. The bill would require the working group to advise the appropriate state agencies to propose the building standards, as specified. The bill would authorize the commission to adopt regulations based upon the recommendations from the working group for nonresidential occupancies. The bill would define “functional recovery” for purposes of these provisions, as specified. Current Status: 2/6/2020-Referred to Com. on H. & C.D.
AB 2249 (Mathis – R) Would create the Joint Legislative Committee on High-Speed Rail Oversight consisting of 3 Members of the Senate and 3 Members of the Assembly and would require the committee to ascertain facts, review documents, and take action thereon, and make recommendations to the Legislature concerning the state’s programs, policies, and investments related to high-speed rail, as specified. The bill would require the authority and any entity contracting with the authority to give and furnish to the committee upon request information, records, and documents as the committee deems necessary and proper to achieve its purposes. Current Status: 2/14/2020-From printer. May be heard in committee March 15.
AB 2502 (Quirk – D) The Sustainable Groundwater Management Act requires all groundwater basins designated as high- or medium-priority basins by the Department of Water Resources that are designated as basins subject to critical conditions of overdraft to be managed under a groundwater sustainability plan or coordinated groundwater sustainability plans by January 31, 2020. The act prescribes that plans contain certain required contents and requires that plans contain, where appropriate and in collaboration with the appropriate local agencies, additional analyses or components, including, among others, control of saline water intrusion, wellhead protection areas and recharge areas, a well abandonment and well destruction program, well construction policies, and impacts on groundwater dependent ecosystems. This bill would add impacts to managed wetlands, as specified, to the additional analyses or components that a plan is required to contain when appropriate. Current Status: 2/27/2020-Referred to Com. on W., P., & W.
AB 2504 (Nazarian – D) Current law requires every building or structure and every portion thereof to be designed and constructed to resist stresses produced by lateral forces as provided in the State Building Standards Code.This bill would state the intent of the Legislature to enact legislation to encourage seismic safety retrofitting of buildings and homes. Current Status: 2/20/2020-From printer. May be heard in committee March 21.
AB 2623 (Arambula – D) The Sustainable Groundwater Management Act requires all groundwater basins designated as high- or medium-priority basins by the Department of Water Resources that are designated as basins subject to critical conditions of overdraft to be managed under a groundwater sustainability plan or coordinated groundwater sustainability plans by January 31, 2020, and requires all other groundwater basins designated as high- or medium-priority basins to be managed under a groundwater sustainability plan or coordinated groundwater sustainability plans by January 31, 2022, except as specified. The act requires all relevant state agencies to consider the policies of the act, and any adopted groundwater sustainability plans, when revising or adopting policies, regulations, or criteria, or when issuing orders or determinations, where pertinent. This bill would make nonsubstantive changes in the latter provision. Current Status: 2/21/2020-From printer. May be heard in committee March 22.
AB 2720 (Salas – D) Would require the lead agency, for a groundwater recharge project on agricultural land fallowed as a result of management actions required by a groundwater sustainability plan, to prepare a negative declaration or a mitigated negative declaration if there is substantial evidence in the record that a project or a revised project would not have a significant environmental impact. Because a lead agency would be required to determine whether there is substantial evidence in the record that a project would not have a significant environmental impact, this bill would impose a state-mandated local program. Current Status: 2/21/2020-From printer. May be heard in committee March 22.
AB 2953 (Gray – D) Would require the Department of Transportation to eliminate the use of potable groundwater from groundwater basins subject to critical conditions of overdraft for purposes of landscaping and cleaning highways except when a district director determines not doing so would threaten public health or safety. Current Status: 2/24/2020-Read first time.
AB 3197 (Diep – R) Current law generally requires a contractor or subcontractor to be registered with the Department of Industrial Relations to be qualified to bid on, be listed in a bid proposal, or engage in the performance of any public work contract. Current law requires a contractor or subcontractor to meet specific conditions to qualify for this registration. Current law exempts specific types of work from this registration requirement, including work on a public works project of $25,000 or less when the project is for construction, alteration, demolition, installation, or repair work. This bill would specify that the registration requirement discussed above does not apply to services provided by a licensed architect unless those services require the payment of a prevailing wage. Current Status: 2/24/2020-Read first time.
AB 3213 (Rivas, Luz – D) Current law establishes the High-Speed Rail Authority within the state government with various powers and duties related to developing and implementing high-speed passenger rail service. Current law requires the authority to direct the development and implementation of intercity high-speed rail service that is fully integrated with specified forms of transit. This bill would require the authority, in directing the development and implementation of intercity high-speed rail service, to prioritize projects based on specified criteria. Current Status: 2/24/2020-Read first time.
AB 3334 (Chen – R) Current law, the Professional Land Surveyors’ Act, provides for the licensure and regulation of land surveyors by the Board for Professional Engineers, Land Surveyors, and Geologists. Current law defines land surveying for purposes of the act.This bill would make nonsubstantive changes to that definition. Current Status: 2/24/2020-Read first time.
ACR 153 (Rivas, Luz – D) This measure would recognize the week of February 16, 2020, to February 22, 2020, as Engineers Week. Current Status: 2/26/2020-From committee: Ordered to third reading.
ACR 154 (Rivas, Luz – D) This measure would proclaim February 20, 2020, as Introduce a Girl to Engineering Day. Current Status: 2/24/2020-In Senate. To Com. on RLS.
ACR 169 (Aguiar-Curry – D) This measure would proclaim the week of March 1, 2020, to March 7, 2020, inclusive, as Women in Construction Week. Current Status: 2/27/2020-Coauthors revised. From committee: Be adopted. To Consent Calendar. (Ayes 10. Noes 0.) (February 27).
SB 45 (Allen – D) Would enact the Wildfire Prevention, Safe Drinking Water, Drought Preparation, and Flood Protection Bond Act of 2020, which, if approved by the voters, would authorize the issuance of bonds in the amount of $5,510,000,000 pursuant to the State General Obligation Bond Law to finance projects for a wildfire prevention, safe drinking water, drought preparation, and flood protection program. Current Status: 1/30/2020-In Assembly. Read first time. Held at Desk.
SB 974 (Hurtado – D) Would exempt from CEQA certain projects that benefit a small community water system that primarily serves one or more disadvantaged communities, or that benefit a nontransient noncommunity water system that serves a school that serves one or more disadvantaged communities, by improving the small community water system’s or nontransient noncommunity water system’s water quality, water supply, or water supply reliability, or by encouraging water conservation. Current Status: 2/20/2020-Referred to Com. on EQ.
SB 996 (Portantino – D) Would require the State Water Resources Control Board to establish by an unspecified date and then maintain an ongoing, dedicated program called the Constituents of Emerging Concern Program to support and conduct research to develop information and, if necessary, provide recommendations to the state board on constituents of emerging concern in drinking water that may pose risks to public health. The bill would require the state board to establish the Stakeholder Advisory Group and the Science Advisory Panel, both as prescribed, to assist in the gathering and development of information for the program, among other functions. The bill would require the program to provide opportunities for public participation, including conducting stakeholder meetings and workshops to solicit relevant information and feedback for development and implementation of the program. Current Status: 2/14/2020-From printer. May be acted upon on or after March 15.
SB 1052 (Hertzberg – D) Would establish municipal wastewater agencies and would authorize a municipal wastewater agency, among other things, to enter into agreements with entities responsible for stormwater management for the purpose of managing stormwater and dry weather runoff, to acquire, construct, expand, operate, maintain, and provide facilities for specified purposes relating to managing stormwater and dry weather runoff, and to levy taxes, fees, and charges consistent with the municipal wastewater agency’s existing authority in order to fund projects undertaken pursuant to the bill. Current Status: 2/27/2020-Referred to Coms. on EQ. and GOV. & F.
SB 1056 (Portantino – D) Would require the State Water Resources Control Board, on or before January 1, 2022, to certify a methodology or methodologies for testing drinking water, groundwater, and surface water for perfluoroalkyl and polyfluoroalkyl substances, as provided, and to accredit qualified laboratories in California to analyze perfluoroalkyl and polyfluoroalkyl substances pursuant to the adopted methodology or methodologies. Current Status: 2/27/2020-Referred to Com. on EQ.
SB 1057 (Jones – R) Current law, the Professional Land Surveyors’ Act, provides for the licensure and regulation of land surveyors by the Board for Professional Engineers, Land Surveyors, and Geologists, and makes it unlawful to practice land surveying without a license, except as specified. Current law includes within the practice of land surveying cadastral surveying.This bill would define cadastral surveying for purposes of the act. Current Status: 2/27/2020-Referred to Coms. on B., P. & E.D. and GOV. & F.
SB 1227 (Skinner – D) Currentlaw creates the Road Maintenance and Rehabilitation Program to address deferred maintenance on the state highway system and the local street and road system. Current law requires the Department of Transportation and cities and counties receiving funds under the program, to the extent possible and cost effective, and where feasible, to use advanced technologies and material recycling techniques that reduce the cost of maintaining and rehabilitating the streets and highways and that exhibit reduced levels of greenhouse gas emissions through material choice and construction method. This bill would delete the condition in that requirement imposed on the department and those cities and counties to use advanced technologies and material recycling techniques to the extent possible. Current Status: 2/21/2020-From printer. May be acted upon on or after March 22.
SB 1249 (Hurtado – D) Porter-Cologne Water Quality Control Act prohibits the State Water Resources Control Board from adopting state policy for water quality control unless a public hearing is first held respecting the adoption of the policy, and requires the state board to notify any affected regional boards, unless notice is waived, at least 60 days before the hearing. The act requires the regional boards to submit written recommendations to the state board at least 20 days before the hearing. This bill would instead require the state board to provide that notice at least 30 days before the hearing and would instead require the regional boards to submit those recommendations at least 25 days before the hearing. Current Status: 2/24/2020-From printer. May be acted upon on or after March 25. Read first time.
SB 1280 (Monning – D) Would authorize the State Water Resources Control Board to order consolidation between a receiving water system and an at-risk water system, as defined, upon receipt of a petition that substantially conforms to the specified-referenced policy adopted by the state board and that is either approved by the water system’s governing body or signed by at least 30% of the households served by the water system. For purposes of that provision, the bill would authorize the state board to contract with a technical assistance provider or appoint an administrator to provide information to a community regarding the petition process, to assist with the preparation of a petition, or to evaluate whether a water system is an at-risk water system. Current Status: 2/24/2020-From printer. May be acted upon on or after March 25. Read first time.
SB 1363 (Allen – D) Would also require the State Air Resources Board to provide, no later than December 31, 2022, each affected region with greenhouse gas emission reduction targets for the automobile and light truck sector for 2045 and 2050, and with vehicle miles traveled reduction targets for 2035, 2045, and 2050, and to release, no later than September 30, 2022, a draft of those targets, as specified. Current Status: 2/24/2020-From printer. May be acted upon on or after March 25. Read first time.
New Reports of Interest
Legislative Analyst’s Office released “The 2020-21 Budget: Climate Change Proposals,” examines Governor’s proposals to (1) allocate $965 million from cap-and-trade revenues; (2) expend $25 million on climate adaption research; (3) fund “new Climate Catalyst” loan program with $250 million this year and additional $750 million in 2023-24 and (4) place a $4.75 billion climate bond on November ballot; finds that overall “Governor’s approach includes some positive steps to help reduce climate risk,” but “administration has not adequately justified” the Climate Catalyst Loan Fund, particularly because it has not demonstrated an ability to identify climate projects that “provide climate benefits” and “are low financial risk” and would otherwise not attract conventional financing, “especially at the scale of $1 billion.”
California Ocean Protection Council released State of California Sea-Level Rise Guidance. “The Pacific has risen 4 to 8 inches along the Northern California shore over the last century — and so, too, the San Francisco Bay, the ocean’s largest estuary in the Americas. Depending on the growth of greenhouse gas emissions, the Pacific could rise 2.4 to 3.4 feet by 2100, which is why the California Coastal Commission has encouraged city governments to start planning for the future, either by fortifying their flood defenses, restoring wetlands, or, in some instances, making people move.” (New York Times, Feb. 13, 2020).
Appointments of Interest
By Governor:
To San Francisco Bay Regional Water Quality Control Board: Alexis S. Hacker, Piedmont, former acting regional administrator, US Environmental Protection Agency; Andrew Gunther, Oakland, local government and nonprofit consultant
To the San Francisco Bay Conservation and Development Commission: Michela Alioto-Pier, San Francisco, owner of Alioto-Pier Vineyards since 2015.
To the California State Water Resources Control Board: Sean Maguire, Carmichael, member since 2018.