Solid Waste

SB 804 (Lara) – Support
As Enrolled on September 12, 2013
 
SB 804 (Lara), the CSAC/ LA County co-sponsored measure on biomass and conversion technology, was approved by the Legislature last week and is on the Governor’s desk for consideration. As you recall, this bill would add conversion technologies to the definition of biomass, enabling the use of thermal, chemical and biological technologies to process biomass material, establishing a clear regulatory pathway for these technologies, while providing them the same incentives afforded to traditional biomass combustion facilities in state law. In addition, SB 804 ensures environmental standards, strong local enforcement and clarifies existing statewide oversight for conversion technologies while also clarifying that this bill does not apply to biomass combustion or composting facilities. This bill will provide local governments with another tool to deal with organic waste, and provides biomass conversion technology facilities with the 10% solid waste diversion credit that is currently afforded to biomass combustion facilities. 
 
SB 254 (Hancock) – Support
As Enrolled on September 12, 2013
 
SB 254, by Senator Loni Hancock, was approved by the Legislature last week and is before the Governor for his consideration. This bill creates a framework for mattress recovery and recycling in California. Specifically, this bill responds to a growing and serious problem for local government organizations related to the accumulation of used mattresses in public spaces, especially if left for a long period of time, which can pose a serious public health problem in addition to an illegal dumping issue. SB 254 requires manufacturers, renovators, and retailers of mattresses to develop and implement a convenient and cost-effective plan to recover and recycle used mattresses generated in this state. 

CEQA

SB 731 (Steinberg) – Oppose Unless Amended
Two Year Bill
 
SB 731, by Senator Steinberg, was made a two-year bill last week. As you recall, this was the main reform vehicle for changes to the California Environmental Quality Act (CEQA) in the Legislature, an effort that stemmed from a broader attempt backed by Senator Rubio at the end of the previous legislative session. After months of discussion, CSAC, along with our local government partners, were successful in negotiating amendments to the bill that would have allowed us to remove our opposition. However, as part of a deal brokered with the Administration and other stakeholders, Senator Steinberg agreed to hold SB 731, while advancing his SB 743, a bill that deals more specifically with CEQA and the Sacramento Kings stadium. 
 
SB 743 (Steinberg) – Watch
As Enrolled on September 12, 2013
 
SB 743, by Senator Steinberg, was passed by the Legislature and is on its way to the Governor for his consideration. The bulk of SB 743 deals specifically with the Sacramento Kings downtown arena project, truncating CEQA timeframes, speeding up the judicial process for handling environmental lawsuits, limiting the courts’ ability to stop construction, and enhancing Sacramento’s ability to use eminent domain to build the stadium. However, SB 743 does include a few statewide provisions that require the Governor’s Office of Planning and Research (OPR) to develop a new way of measuring traffic impacts of major projects, based on alternative metrics, including vehicle miles traveled rather than intersection congestion. It also includes a provision that that reduces the need to do environmental studies for certain commercial, mixed-use projects near transit, if those projects are consistent with a specific plan. SB 743 is on its way to the Governor for his consideration. The Governor has until October 13th to sign or veto bills. 

Fracking

SB 4 (Pavley)  – Watch
As Enrolled on September 12, 2013
 
SB 4, by Senator Fran Pavley, is on its way to the Governor for his consideration. This bill establishes a comprehensive regulatory program for oil and gas well stimulation treatments (e.g., hydraulic fracturing, acid well stimulation), which includes, among other things, a study, the development of regulations, a permitting process, and public notification and disclosure. If signed by the Governor, SB 4 would mark the first state law that directly regulates and track the controversial practice of fracking, or hydraulic fracturing, for oil in the state.

Medical Marijuana

AB 604 (Ammiano) – Oppose
Dead
 
Attempts to revive previously defeated legislative proposals regarding medical marijuana were thwarted last Thursday given significant opposition expressed by a wide range of interest groups, including CSAC, the Rural County Representatives of California (RCRC), the League of California Cities and the California State Sheriffs’ Association.  AB 604, by Assembly Member Tom Ammiano and co-authored by Senate Pro Tem Darrell Steinberg and Senator Mark Leno, would have established a comprehensive structure for regulating the cultivation, production, and distribution of medical marijuana products.  In addition, the bill would have created a new regulatory agency under the Department of Alcoholic Beverage Control to oversee the medical marijuana industry.  AB 604 stalled in the Senate. 
 
A similar regulatory structure was included in proposed amendments to a Senate bill, but time ran out before the intended vehicle could be amended.  CSAC expressed opposition to both proposals noting concerns with the potential impact on local government land use and zoning authority over such operations, and the likelihood that the proposed structure would generate more litigation. 
 
SB 439 (Steinberg) – Watch
Two Year Bill

SB 439, by Senator Darrell Steinberg, would exempt medical-marijuana collectives and cooperatives from criminal liability for possession, cultivation, possession for sale, sale, transport, importation, and furnishing marijuana, as well as, for maintaining a place, or knowingly providing a place for selling or furnishing marijuana.  It is our understanding that this measure is a two-year bill.

Environmental Justice

AB 1330 – Concerns
Two Year Bill
 
AB 1330, by Assembly Speaker John A. Perez, would double the maximum civil, criminal and administrative penalties for violations of hazardous waste laws, air pollution control laws for stationary sources, and solid waste facilities, where the facility is located in a community that is defined as an “environmental justice community” and the violation increases emissions or discharges above the permitted level. The bill specifically targets enforcement of businesses in the top 15% of environmental justice communities.
 
CSAC and other local government organizations expressed concern with the potential of the bill to “redline” the communities in the 15% to be designated as disproportionately impacted by environmental hazards”.  Although the bill would not specifically use CalEPA’s CalEnviro Screening Tool to determine these targeted communities it clearly relies on the screening tool’s process which could result in a negative impact that the bill specifically wants to avoid: rely on strategies that produce disproportionate impacts on low-income communities and communities of color. 
 
AB 1330 was moved to the Senate’s Inactive File on the last night of the legislative session.  

Metal Theft

AB 909 (Gray) – Support 
As Enrolled on September 10, 2013
 
AB 909, by Assembly Member Adam Gray, would require, on or after January 1, 2015, the Department of Justice 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.  The funding would come from the federal government, industry, and private sources.  CSAC supports AB 909 and will be submitting a request for signature to Governor Brown.