Agriculture and Natural Resources 06/28/2013
New Online Resource for Water Issues
The Water Education Foundation recently launched Aquapedia.com. Aquapedia is an interactive online water encyclopedia that provides easy-to-understand factual information on topical water issues. The resource articles are vetted by the Water Education Foundation and supplemented with photos, graphics, videos, maps and other online tools. In addition to the resource articles, there’s a water terms glossary, timelines of California water use and how water issues have evolved, a directory of federal and state water agencies and water organizations, and background and context on breaking news found on Aquafornia.com and much more.
Solid Waste
SB 804 (Lara) – Support
As Amended June 25, 2013
SB 804, by Senator Ricardo Lara, is the CSAC, Los Angeles County co-sponsored bill dealing with solid waste conversion technology (CT). SB 804 will be heard in the Assembly Natural Resources Committee on Monday, July 1, 2013. This bill would take a step forward in advancing CTs in California by adding them to the definition of biomass in statute. Current law defines “biomass conversion” as the controlled combustion of organic materials–such as wood, lawn and garden clippings, agricultural waste, leaves, tree pruning as well as non-recyclable paper–when separated from other solid waste and used for producing electricity or heat. This bill would simply include CTs to the biomass definition, allowing for cleaner and more efficient technologies to be used in the biomass process.
In addition, SB 804 treats anaerobic digestion in the same manner as composting for the purpose of permitting and sitting processes. Anaerobic digestion refers to the controlled biological decomposition of organic material with little or no oxygen. The decomposition of organic materials in solid waste landfills produces significant amounts of methane, a potent greenhouse gas. Anaerobic digestion can help California reduce greenhouse gas emissions under the Global Warming Solutions Act of 2006, (AB 32) by diverting organic materials from landfills, generate low-carbon fuels, and assist with meeting the state’s 75% recycling goal. Recent amendments were taken to clarify the difference between anaerobic digestion and composting while treating them similarly for the purposes of siting and permitting. However, we plan on removing these amendments in Committee on Monday when the bill will be heard to deal with implementation issues associated with current regulations at Cal Recycle. We will continue to work on this provision of the bill to accomplish the goal of amending statute to specifically clarify that anaerobic digestion constitutes diversion for the purposes of complying with the State’s 50% local government waste reduction mandate and 75% statewide recycling goal; is a solid waste facility; is not a disposal facility or a transformation facility.
Finally, CSAC and LA County will continue to hold stakeholder conversations on the bill focusing on the advancement of CTs and their permitting and siting pathway as it moves through Assembly. If you would like more information, please contact Cara Martinson at 916-327-7500, ext. 504, or cmartinson@counties.org.
Energy
AB 792 (Mullin) – Request for Comments
As Amended June 25, 2013
AB 792, by Assembly Member Kevin Mullin, is a recent gut and
amend bill that would exempt, from a utility users tax, the
consumption of electricity generated through renewable
distributed generation for use by a single consumer. Utility
users taxes (UUTs) are excise taxes imposed by cities and
counties on the consumption of utility services, including
electricity, gas, water, sewer, telephone, sanitation, and cable
television. A county board of supervisors can levy a UUT on the
consumption of electricity, gas, water, sewer, telephone,
telegraph, and cable television services in the unincorporated
area of the county (SB 2557, Maddy, 1990). Alameda, Los Angeles,
and Sacramento counties are the only counties to levy a UUT using
this statute. This bill would exempt from any utility user tax
imposed by a local jurisdiction, a customer’s consumption of
electricity generated by a renewable distributed generation
system that is installed for the exclusive use of a single
customer. AB 792 will be heard on July 3rd in the Senate
Governance and Finance Committee.
SB 731 (Steinberg) - Oppose Unless Amended
As Amended on May 24, 2013
SB 731, by Senator Darrell Steinberg, will be heard on Monday,
July 1, 2013 in the Assembly Natural Resources Committee. As
you may recall, this bill 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. To view of copy of
CSAC’s letter, visit the website.
In addition, CSAC has joined a coalition of public agencies,
including the California Special Districts Association (CSDA),
the Rural County Representatives of California (RCRC), and the
Urban Counties Caucus (UCC) to seek amendments to SB 731. We are
in the process of drafting those amendments and will continue to
work with the author over the legislative summer recess to
address several areas of concern in 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.
Fairs
SB 741 (Cannella) – Support
As Amended May 28, 2013
SB 741, by Senator Anthony Cannella, would amend existing law governing the operation, oversight, and funding of the network of California fairs. According to the author, this bill is intended to help District Agricultural Associations deal with the new reality facing the network of California fairs as they exist today without state funding. SB 741 is scheduled to be heard before the Assembly Agricultural Committee on Wednesday, July 3.
Medical Marijuana
SB 439 (Steinberg) – Watch
As Amended June 27, 2013
SB 439, by Senator Darrell Steinberg, provides that a medical marijuana cooperative or a dispensary that operates within the Attorney General’s Medical Marijuana Guidelines (adopted August 2008) shall not be subject to prosecution, under certain criminal and nuisance laws. Recent amendments (June 27) include “anti-preemption” language that specifies that the bill would not prevent a local government from adopting or enforcing local ordinances that regulate the location, operation, or establishment of a medical marijuana collective or cooperative. SB 439 is scheduled to be heard before the Assembly Health Committee on Monday, August 12.