Agriculture and Natural Resources 09/04/2012
Weights & Measures
SB 744 (Wyland) – Oppose
As Enrolled August 30, 2011
SB 744, by Senator Mark Wyland, is on its way to the Governor for
signature. As you 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
send a veto request to the Governor.
Flood Control
AB 1965 (Pan) – Support
As Enrolled on August 31, 2012
AB 1965, by Assembly Member Richard Pan, would make
non-substantive/clean-up amendments to Senator Lois Wolk’s SB
1278 which was ordered to enrollment on August 23. SB 1278
addresses outstanding issues concerning the implementation of SB
5 (Machado, Chapter 364, Statutes of 2007) — one of a six-bill
flood protection package signed into law in 2007. AB 1965 merely
corrects a mistake in the drafting of the definition of “urban
level of flood protection” that was included in SB 1278. This
correction was agreed upon by CSAC, the League of Cities, RCRC,
the American Planning Association and the Department of Water
Resources.
Solid Waste
SB 568 (Lowenthal) – Concerns
Failed Passage
SB 568, by Senator Allan Lowenthal, failed passage last week.
This bill would have placed a ban on polystyrene foam food
containers after January 1, 2016, unless the local government or
school district adopts a recycling program that can recycle at
least 60% of its polystyrene foam food. CSAC had a concerns
position on the bill based on the unintended consequences the
bill might have had on local governments and our role in the ban
process.
AB 1634 (Chesbro) – Concerns
Dead
AB 1634, by Assembly Member Wes Chesbro, failed passage last
week. This bill would have mandated separate hauling and
recycling for organic waste such as food waste or green material
by businesses, mutli-family dwellings of five or more units and
public entities. CSAC, along with the League of Cities had a
concerns position on the bill. We felt that the bill would have
usurped the AB 341 process, which established a new statewide
policy goal of 75 percent diversion of solid waste. The AB 341
process also created a process that committed the Department of
Resources, Recycling and Recovery (Cal Recycle) to working with
stakeholders over an 18-month process to vet suggestions and
ideas relative to increased diversion.
SB 1118 (Hancock) – Support
Dead
SB 1118, by Senator Loni Hancock, failed passage last week. This
bill would have created and extended producer responsibility
program for mattresses sold in California. CSAC supported this
bill because it would have addressed the illegal dumping of
mattresses by requiring manufacturers of mattresses sold in
California to develop a plan for recovering and recycling their
products.
Solar Fee and Permitting
SB 1222 (Leno) – Oppose
As Enrolled on August 29, 2012
SB 1222, by Senator Mark Leno, is on its way to the Governor for
signature. This bill would place a cap on building permit fees
for solar residential and commercial systems as well as require
local agencies to justify their “reasonable costs” in a finding
and ordinance for any costs above $500 for residential and $1000
for commercial solar systems. CSAC, along with several other
local government organizations, oppose this bill because it is
duplicative given that a local government must already provide a
mitigation fee study (including showing the nexus of the cost)
when establishing the fee. We also do not believe it is the role
of the state to undermine local decisions by setting the level of
the fee in statute without regard to individual city or county
costs. CSAC encourages counties that have taken an oppose
position on this bill to send their request for veto letters to
the Governor.
Cap and Trade
AB 1532 (Perez) – Support
As Enrolled on August 31, 2012
AB 1532, by Assembly Speaker John A. Perez, is on its way to the
Governor for signature. The bill was substantially amended on the
last night of session and is a much paired down version of the
previous iteration that included specific details on eligible
uses for Cap and Trade funds and a specific local government
funding component. The version that is on the way to the
Governor’s desk directs the Department of Finance, in
consultation with the California Air Resources Board to develop
the investment plan for Cap and Trade funds and does still
include public agencies as eligible recipients for Cap and Trade
funds. The bill states that the expenditure of auction revenues
may be available for funding of local government investments in a
variety of different sectors, including local and regional
sustainable infrastructure projects, including transportation and
housing, land and natural resource management programs, water use
and supply, forestry, and sustainable agriculture. As previously
reported CSAC took a support position on the bill and had been
negotiating with the author’s staff to include a local government
funding component in the bill.
SB 1572 (Pavley) – Support
Dead
SB 1572, by Senator Fran Pavley, failed passage last week. This
bill would have allocated proceeds from auction of AB 32
emissions allowances collected in 2012-13 to numerous specified
priority projects. This bill was a companion bill to AB 1532 in
that it provided for the allocation of Cap and Trade revenues for
the interim period before the Air Resource Board has developed
their investment plan. CSAC took a support position on the bill
and had been working with the author’s staff to include a similar
local government funding component to the provision that was to
be included in AB 1532.