Regulatory Alert: Cal/EPA Draft Cumulative Impacts Screening Tool Meeting for Local Government

The California Environmental Protection Agency (Cal/EPA) has asked CSAC to share the following information regarding upcoming public meetings to solicit input on the draft California Communities Environmental Health Screening Tool (CalEnviroScreen). As noted below, Cal/EPA has scheduled a meeting specifically targeted to local governments the first week of October. County officials and staff are encouraged to attend. 

According to the Cal/EPA press release, the screening tool uses existing environmental, health and socio-economic data to compare the cumulative impacts of environmental pollution on the state’s communities. The potential uses of the tool include guidance for grant allocations and prioritizing cleanup and abatement projects to direct resources to the communities with the greatest need. It may also be utilized to prioritize enforcement of environmental laws and inform planning decisions about sustainable economic development investments in heavily impacted communities. Supplemental material with preliminary maps is available on the OEHHA website.

Workshop Information:
Tuesday, October 2, 2:00–4:00 p.m.
Workshop to gather input from local government on the draft tool.
Sierra Hearing Room (2nd Floor) 
Cal/EPA Headquarters Building
1001 I Street
Sacramento, California 95814

Cal/EPA Process:
The comment period on this report has been extended from September 23 to October 16, 2012. After considering all the comments and suggestions received, Cal/EPA and OEHHA will further develop and refine the tool and then work with the Cumulative Impacts and Precautionary Approaches (CIPA) Workgroup and CalEPA BDOs to develop a final report. CSAC will continue to keep you apprised of this process.

For any questions, comments, or concerns regarding these workshops or this e-mail, please contact John Faust, at (510) 622-3185 

Solar Permitting

SB 1222 (Leno) – Oppose
Chapter 614, Statutes of 2012

SB 1222, by Senator Mark Leno, was signed by Governor Brown this week. This bill will 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, opposed SB 1222 bill because its provisions duplicate existing requirements under the Mitigation Fee Act. We also asserted that the bill would undermine local decisions by setting the level of the fee in statute without regard to individual city or county costs. 

AB 1801 (Campos) – Support
Chapter 538, Statutes of 2012

AB 1801, by Assembly Member Nora Campos, was signed by the Governor this week. This bill enhances current law with regard to solar residential building permit fees. Specifically, AB 1801by clarifies statute that valuation is not an appropriate method for setting a residential solar building permit fee. CSAC supports this bill because counties have long been supportive of residential solar as a way for community members to be both energy efficient and environmentally friendly. We believe AB 1801, coupled with your Office of Planning and Research California Solar Permitting Guidebook and the County Planning Directors California Solar Planning Guide provide a strong base of information and guidance for local agencies to appropriately permit residential solar systems.

Water quality control boards: Ex Parte Communications

SB 965 (Wright) – Neutral 
Chapter Number 551, Statutes of 2012

SB 965, by Senator Rod Wright, was signed by the Governor this week. This bill establishes allowable ex parte communications with State Water Resources Control Board (SWRCB) and Regional Water Quality Control Board (RWQCB) members. Ex parte rules have long been a problem for the regulated community. CSAC supported previous versions of the bill earlier in the legislative year. However, amendments take to the bill in the Senate Environmental Quality Committee and later in the session place restrictions on allowable ex parte communications. CSAC feels, while not as effective as previous versions, that this bill is a step forward in open communication with Water Board members.

Flood Control 

SB 1278 (Wolk) – Support
Chapter Number 553, Statutes of 2012

SB 1278, by Senator Lois Wolk, was signed by the Governor this week. As you recall, this bill this is the legislative vehicle for proposed changes to SB 5 (Machado, Chapter 364, Statutes of 2007), one of a six-bill flood protection package signed into law in 2007. SB 5 requires each city and county in the Sacramento-San Joaquin Valley to comprehensively address flood management and flood risk issues within their general plans and zoning ordinances following the adoption of the Central Valley Flood Protection Plan (CVFPP). The law also prohibits, after the CVFPP takes effect, a city or county in the Sacramento-San Joaquin Valley from entering into a development agreement, approving any permit, entitlement or subdivision map in a flood zone unless the city or county makes a finding that ensures the attainment of, or progress towards, a 200-year level of flood protection. CSAC supports SB 1278 because it will address significant implementation challenges associated with SB 5, making it more workable for local governments.

Weights & Measures

SB 744 (Wyland) – Oppose
Vetoed

SB 744, by Senator Mark Wyland, was vetoed by the Governor this week. As you recall, this bill would have removed 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. CSAC opposed the bill because we felt that allowing manufacturers to test and seal their own devices would allow for inaccurate and incorrect devices to be placed into commercial service.