Solid Waste

AB 1126 (Gordon/Mullin) – Support if Amended
As Amended June 18, 2013

AB 1126, by Assembly Member Rich Gordon and Assembly Member Kevin Mullin, would define several terms to provide clarity and a permitting pathway for solid waste conversion technology facilities. While CSAC supports the concept of the bill and select provisions, we do have concerns with the way certain terms are defined that appear to be exclusive to combustion facilities. For example, in order to be considered an Engineered Municipal Solid Waste (EMSW) conversion facility, a facility and its process must meet certain requirements including “the conversion is efficient and maximizes the net calorific value and burn rate of the waste.” This provision appears to be exclusive to combustion facilities. In addition, facilities are limited to 500 tons per day. We believe there is a difference between combustion and non-combustion conversion processes, and support amendments that would refine the definition of EMSW conversion to reflect those differences by explicitly identifying the processes that would fall under this classification and differentiate between combustion and non-combustion solid waste conversion. This bill will be heard in the Senate Environmental Quality Committee on June 26, 2013. 

CEQA

SB 731 (Steinberg) – Oppose Unless Amended
As Amended May 24, 2013

SB 731, by Senator Darrell Steinberg, would make several changes to the California Environmental Quality Act (CEQA). This bill is the main vehicle for the CEQA reform discussion taking place within the Legislature. While CSAC supports certain elements of the bill, there are several troublesome provisions included in SB 731 that would impose additional responsibilities and costs on lead agencies without providing much benefit, including a new reporting requirement. Under this new provision, a lead agency would be required to prepare an annual report on project compliance with mitigation measures required by a mitigation monitoring plan. 

CSAC opposes this provision in the bill as we believe that adequate safeguards are already in place to ensure implementation of CEQA mitigation. This new unfunded mandate would increase costs and administrative burdens for public agencies, particularly for public works projects. Furthermore, this new requirement could provide additional avenues for litigation. CSAC is taking an oppose unless amended position on the bill. 

The following are key points of the legislation:

• Thresholds Section. New section on thresholds of significance provides that the Governor’s Office of Planning and Research (OPR) propose revisions to the CEQA Guidelines of thresholds of significance for noise, transportation and parking impacts for residential, mixed use residential, or employment center projects within transit priority areas. Also provides that aesthetic impacts of a residential, mixed-use residential, or employments center projects shall not be considered significant impacts on the environment.
• Tolling Provisions. Provides that the limitation period for filing lawsuits may be tolled for a period of four years.
• Record of Proceedings. Provides that the lead agency prepare the record of proceedings concurrently with the administrative process and requires information to be posed to the website.
• Writ of Mandate. Provides that a writ may direct an agency to revise only portions of the document found not to be in compliance.
• Notice. Notice provisions including making available in draft form for public review at least 15 days prior to the project, notice by email.
• Annual Report. Provides a new requirement for lead agencies to prepare and publish annual reports for every approved project, detailing compliance with CEQA mitigation measures.
• Funding. Includes the intent of the Legislature to provide the $30 million in planning grant to local agencies to be allocated by the Strategic Growth Council.

Drinking Water

AB 145 (Perea) – Watch
As Amended June 18, 2013

AB 145, by Assembly Member Henry Perea, would transfer the duties and responsibilities related to the regulation and oversight of drinking water, from the Department of Public Health (DPH) to the State Water Resources Control Board (SWRCB). This transfer of authority, according to the author, is consistent with actions by federal agencies that have shifted environmental health programs from a health based agency to an environmental protection based agency. The author believes that the transfer of the drinking water program to the SWRCB would help California to better deal with future water issues.

Supporters of AB 145 include organizations representing disadvantaged communities who have expressed dissatisfaction with DPH’s administration of the State’s Drinking Water Program. The opponents, including the Association of California Water Agencies (ACWA) and many of their member agencies, believe that the current program, including the permitting and inspection functions, generally works well. They are concerned that moving the entire drinking water program could negatively affect the parts of the program that work and not solve the problems that do exist. 

AB 145 is scheduled to be heard on Wednesday, June 26 before the Senate Health Committee.

Metal Theft

AB 841 (Torres) – Support
April 10, 2013

AB 841, by Assembly Member Norma Torres, would expand law enforcement’s capacity to deal with the metal theft epidemic by requiring recyclers to issue check payments for copper recycling.

This measure is pending on the Senate Floor.

AB 909 (Gray) – Support
May 24, 2013

AB 909, by Assembly Member Adam Gray, would require, on or after January 1, 2015, the Board of State and Community Corrections (BSCC) to establish the Metal Theft Task Force Program (MTTFP). The proposed program would be voluntary and would provide grants to regional task forces to provide local law enforcement and district attorneys with the tools and funding necessary to deter, investigate, and prosecute metal theft and related metal theft crimes.

AB 909 is scheduled to be heard before the Senate Public Safety Committee on Tuesday, June 25.

Sacramento-San Joaquin Valley – Flood/Land Use

AB 1259 (Olsen) – Support
March 21, 2013

AB 1259, by Assembly Member Kristin Olsen, would make additional clarifying changes to statues enacted as part of the flood protection package signed into law in 2007. This measure is scheduled to be heard before the Senate Natural Resources and Water Committee on Tuesday, June 25.

Climate Change

The California Air Resources Board (CARB) is holding regional workshops to discuss the proposed 2013 Update to AB 32 Scoping Plan. AB 32 requires CARB to develop and approve a Scoping Plan that describes the approach California will take to reduce GHGs to achieve the goal of reducing emissions to 1990 levels by 2020. The Scoping Plan was first approved by the Board in 2008 and, per AB 32, must be updated every five years to evaluate the mix of AB 32 policies to ensure that California is on track to achieve the 2020 GHG reduction goal. The update of the Scoping Plan will likely help to guide the development of the Cap and Trade investment plan process. Regional Workshops will take place on June 26, 2013 in Diamond Bar, CA; July 18th in Fresno and July 30th in the Bay Area. For more information on the workshops and the Scoping Plan update, visit CARB’s website.