State Responsibility Area Fee

The first State Responsibility Area (SRA) fee bills went out this week. As you will recall, the Governor signed ABX1 29 into law as part of the budget package in 2011. This bill sets up an annual, ongoing fee-per-structure to provide wildfire prevention services in CA. The funds collected from this fee must be used to pay the cost of collection and be distributed back to the direct benefit of the structure owners paying the fee, and may only support fire prevention costs by a number of entities including Cal Fire and Board of Forestry (Board), local Fire Safe Councils, local government, and other non-profits. The fee applies to owners of nearly all residential buildings in the SRA, which includes areas in all but two counties. Residents will have 30 days to pay the fee. The State of California began mailing the bills for the SRA Fee this week. The bills will be mailed alphabetically by county, and the all bills will have been mailed by December. CSAC has long been opposed to this and previous iterations of an SRA fee. It is unclear at this point if suit has been filed by any organization on behalf of a resident of the SRA, but CSAC does anticipate litigation on this issue. For more information, including information regarding the appeals process, see the CAL Fire website.

Solid Waste

CSAC has been approached by Assembly Member Wes Chesbro’s office for input on a prospective legislative proposal related to the regulation/limitation of organic materials in landfills. Specifically, the proposal would include intent language that describes the benefits of compost, stating that the State should reduce barriers to, and provide incentives for, increasing processing capacity and end-use markets for compost materials. In addition, the proposed language includes a phase-out provision for solid waste diversion credit for green waste used as alternative daily cover at landfills; a requirement for large-quantity organics generators, to be determined by Cal Recycle; and, a requirement that solid waste facilities have a separate collection area for segregated green waste and non-hazardous wood waste. CSAC staff is working with legislative staff and other stakeholders to negotiate a workable proposal for local government. CSAC is advocating that language must include a significant amount of regional flexibility, including different implementation rates and timelines for different materials and different regions, based upon the availability and capacity of infrastructure and economic feasibility for the region. 

Although there is no legislative vehicle at this time, it is very likely that all or a portion of this proposal will be amended into a bill before the end of session. For more details on this proposal, please contact Karen Keene or Cara Martinson. 

Climate Change

AB 1532 (Perez) – Support
As Amended August 6, 2012

AB 1532, by Assembly Speaker John A. Perez, passed off the Senate Appropriations Suspense file this week. As you recall, this bill would create the framework for how the California Air Resources Board would allocate revenues from the Cap and Trade program. Specifically, this bill would require CARB and other relevant state agencies to adopt guidelines for funding criteria and would require CARB to adopt an investment plan every three years which identifies and prioritizes the expenditure of Cap and Trade revenues. CSAC has been negotiating with the author’s staff to include a local government funding component in the bill, recognizing the contributions that local governments can make, and have already made towards reducing greenhouse gas emissions at the local level. The author has indicated that he will be accepting our language. We anticipate amendments to be in print by early next week. This bill will now move to the Senate Floor for approval. 

SB 1572 (Pavley) – Support
As Proposed to be Amended

SB 1572, by Senator Fran Pavley, would allocate up to $250 million in proceeds from auction of AB 32 emissions allowances collected in 2012-13 to numerous specified priority projects. This bill is a companion bill to AB 1532 in that it provides for the allocation of Cap and Trade revenues for the interim period before the Air Resource Board has developed their investment plan. CSAC has been working with the author’s staff to include a similar local government funding component to the provision to be included in AB 1532. CSAC will be taking a support position on the bill when are amendments are in print. 

Weights & Measures

SB 744 (Wyland) – Oppose
As Amended July 13, 2011

CSAC has received notice that SB 744, by Senator Mark Wyland, will be moved off the inactive file in the Assembly. As you might recall, this bill would remove the legal requirement that only licensed sealers of weights and measures, or licensed service agents can test and place into commercial service a weighing, measuring, or counting device, with particular reference to water sub-meters. The bill would allow any water sub-meter tested by a manufacturer to be deemed tested, sealed and approved for commercial use. In addition, the bill would require manufacturers to notify the county sealer of water sub-meters at the time a meter is installed or otherwise placed in service. If a manufacturer fails to provide notice, a civil penalty of not more than $1000 may be applied. CSAC remains opposed to the bill because we feel that allowing manufacturers to test and seal their own devices would allow for inaccurate and incorrect devices to be placed into commercial service. CSAC encourages counties that took an oppose position on the bill to reiterate their opposition to their legislative delegation.