Groundwater

AB 1739 (Dickinson) – Request Comments
As Amended April 22, 2014

AB 1739, by Assembly Member Roger Dickinson, would establish a set of statewide requirements for groundwater management agencies to follow and to define what it means for a groundwater system to be sustainable. Groundwater management agencies would include special districts authorized to provide water for beneficial uses or with specific authority to conduct groundwater management, a city, a county, a city and county, or certain joint powers authorities. The bill specifies the authorities of the agencies, which would include the regulation of the pumping of groundwater and the management of well permitting programs. It would also require the adoption of sustainable groundwater management plans for each high or medium priority groundwater basin, specifies a timeline for adoption, the content of the plans and a process for technical review and approval by the Department of Water Resources. Basins or portions of basins that are subject to groundwater management pursuant to other provisions of law or a court order would not be required to adopt a sustainable groundwater management plan.

The bill also includes provisions that would impact the local land use approval process. Specifically, AB 1739 would require a city or county, upon the adoption or revision of its general plan, to reference as a source document any sustainable groundwater management plan or groundwater management plan for a groundwater basin or subbasin within the jurisdiction of the city or county. It would also as specified, prohibit the extraction of groundwater within a groundwater basin for new commercial, multifamily residential, or industrial development, except for the use of a single-family domestic well, unless the groundwater basin has a sustainable groundwater management plan.

AB 1739 is scheduled to be heard by the Assembly Water, Parks and Wildlife Committee on Tuesday, April 29. Counties are urged to review the details of this measure and to share any comments with CSAC staff.

SB 1168 (Pavley) – Pending
As Amended April 23, 2014

SB 1168, by Senator Fran Pavley, would enact the Sustainable Groundwater Management Act which also includes various definitions regarding sustainable groundwater management and would require the development and adoption of sustainable groundwater management plans. At this point in time the bill is viewed as a placeholder for a more comprehensive proposal. It is expected to include more detailed language based upon recommendations from the California Water Foundation. It is scheduled to be heard before the Senate Appropriations Committee on Monday, May 5.

Both of these groundwater bills will be discussed at the next meeting of the CSAC Agriculture, Environment & Natural Resources Committee scheduled for Thursday, May 15.

Solar Permits

AB 2188 (Muratsuchi) – Oppose
As Amended on April 21, 2014

AB 2188, by Assembly Member Al Muratsuchi, would require cities and counties to expedite permitting for rooftop solar of up to 10kW. Specifically, the bill would require cities and counties to adopt an ordinance to create an expedited permitting process for rooftop solar that would include a checklist of all requirements in which small rooftop solar energy systems must comply. All applications that meet the requirements in the checklist shall be permitted within 24-hours of application submittal without plan check or other discretionary review in an “over-the-counter” manner. In addition, the proposal would require jurisdictions to complete an inspection within two days of the request and limit jurisdictions to one inspection. The language does limit the rooftop solar systems to those that are under 10kW, and conform to state fire, structural, electrical and other building codes.

CSAC, along with RCRC and UCC, is opposing this bill. AB 2188 would create an unfunded mandate and jeopardize city and county building department’s ability to thoroughly review plans to ensure that they do not pose a safety risk to permittees. AB 2188 will be heard in the Assembly Local Government Committee on April 30, 2014. Amendments to the bill should be print early next week.

Solid Waste

AB 1826 (Chesbro) – Support if Amended
As Amended April 22, 2014

AB 1826, by Assembly Member, would establish a commercial organics recycling program in California. CSAC has been working extensively with the author, Administration and stakeholders in developing this legislation, ensuring that is workable for local governments. Specifically, AB 1826 would require businesses that generate a certain amount of organic waste to arrange for recycling services. AB 1826 would require local jurisdictions to develop on and after January 1, 2016, an organic waste recycling program to divert organic waste from the businesses subject to this act, and provide public education and outreach to affected entities. In addition, the bill would require jurisdictions as part of their program to report to Cal Recycle information regarding infrastructure and facilities available to accept organic material, barriers to siting new or expanded organics facilities. While we continue to work on issues with the bill, CSAC remains concerned that the timelines and collection thresholds for implementing mandatory commercial organics recycling may create problems in some areas of the state that do not have adequate organics processing infrastructure and markets. We intend to continue to work with the author and sponsors to refine this legislation. This bill will be heard in the Assembly Natural Resources Committee on April 28, 2014.

AB 1594 (Williams) – Concerns
As Amended April 21, 2014

AB 1594, by Assembly Member Das Williams, would eliminate the solid waste diversion credit for green waste used as Alternative Daily Cover (ADC) at a solid waste landfill. ADC is the cover material other than earthen material placed on the surface of the active face of a solid waste landfill at the end of each operating day to control vectors, fires, odors, blowing litter, and scavenging. Cal Recycle has approved a list of acceptable ADC materials, which includes green material, such as lawn and tree trimmings. Currently, jurisdictions receive solid waste diversion credit for the use of green material as ADC. This bill would eliminate the solid waste diversion credit for the use of green waste as ADC at landfills and thus impose the $1.40 per ton state disposal fee on this material.

Local governments have relied on the use of green material as ADC for several years to help suppress odors, dust and pests. In addition, many jurisdictions have been able to meet the State’s 50% solid waste diversion goals with the use of this tool. CSAC is specifically concerned with the imposition of the $1.40/ton state disposal fee on this material once it is considered disposal. Imposing fees on this material would place an additional financial burden on jurisdictions as they strive to meet our State’s waste reduction goals. Cover material is a requirement and should not be subject to a disposal fee. This bill will be heard in the Assembly Natural Resources Committee on April 28, 2014.

AB 1893 (Stone) – Support
As Amended March 28, 2014

AB 1893, by Assembly Member Mark Stone, would require that a sharps waste container be sold with the purchase of sharps in the State of California. It also requires that sharps consumers receive information about the proper and legal disposal of sharps, including information about disposal locations. In addition, this bill would not pre-empt locally-enacted ordinances that establish collection systems for home-generated sharps waste. The improper disposal of used sharps pose a risk to solid waste workers and the general public coming into contact with illegally disposed needles. CSAC supports this bill because it is a positive step forward to dealing with the public health issue. AB 1893 will be heard in the Assembly Health Committee on April 29, 2014.

CEQA

SB 1451 (Hill) – Support
As Amended April 21, 2014

SB 1451, by Senator Jerry Hill, seeks to address the “document dump” issue in the CEQA process. Last minute comments on a draft EIR delay a public agency’s ability to consider and respond to the comments, and creates additional costly delays for public agencies. Currently, negative declarations and EIRs must be circulated for public review and comment for a specified period before going to an agency’s governing body for approval. Under current law, however, would-be petitioners do not have to raise their arguments during the public comment period in order to preserve them for review in court—comments can be raised at any time up until the agency takes final action at the hearing on the project. This has resulted in members of the public submitting lengthy comments at the project hearing, forcing lengthy delays in the process in order to appropriately review and respond to those comments. 

SB 1451 would require comments to be presented during the public comment period on the draft environmental document, unless the comments could not have been known with the exercise of reasonable diligence. Importantly, under the proposal, any comments that could not have been presented during the public comment period may be presented after the public comment period and prior to the close of the public hearing on the project. This change is meant to prevent commenters from raising issues on the day of the hearing that could have been brought earlier in the process. This bill is substantially similar to the CSAC, RCRC & UCC requested amendments to SB 731 (Steinberg) proposed last year as part of the CEQA Reform discussions. 1451 will be heard on April 30, 2014 in the Senate Environmental Quality Committee

Agriculture

AB 2561 (Bradford) – Oppose Unless Amended
As Amended April 24, 2014

AB 2561, by Assembly Member Steven Bradford, would mandate that community agriculture (community gardens), entrepreneurial agricultural (on site sales in residential and commercial zones), and personal agriculture (produce grown for the homeowners’ own use) be authorized in the entire city or county “by right”. The ability of homeowners and communities to grow healthy fruits and vegetables is an important goal that local agencies share. However, AB 2561 sets up an inflexible new restriction on the ability of local agencies to ensure that the urban food producers, their neighbors, and those that eat the produce are all benefiting from urban gardening. CSAC, along with several other local government organizations are suggesting amendments that would create a process that, if allowed by a local ordinance and approval of a landowner, would permit a person or organization to grow, donate and sell produce grown in their yard at their place of residence, or in a vacant lot. This bill will be heard in the Assembly Local Government Committee on April 30, 2014.

Mining

SB 1270 (Pavley) – Oppose
As Amended April 22, 2014

SB 1270, by Senator Fran Pavley, would make significant changes to the Surface Mining and Reclamation Act (SMARA). SB 1270 would put counties in a position of having to prove their ability to meet their lead agency obligations in order to maintain their status, rather than the State needing to show that they are failing in it. CSAC believes the State already has the authority to remove a jurisdiction from their lead agency status if they are not meeting the requirements under SMARA. Thus, we question the need for a change in law and consider SB 1270 an effort to erode local lead agency authority to regulate mining operations. Counties do recognize that the current implementation of SMARA at both the state and local level is not flawless, and we contend that the current system already contains the ability for the State to claim authority in jurisdictions that are not following the provisions required by SMARA, and that further changes to the law governing SMARA are premature until changes taken at the Administrative level are fully implemented. This bill will be heard in the Senate Natural Resources and Water Committee on April 29, 2014.

Medical Marijuana

SB 1262 (Correa) – Concerns
As Amended April 21, 2014

SB 1262, by Senator Lou Correa, would require the California Department of Public Health (CDPH) to establish a statewide licensing framework for medical marijuana dispensing facilities and cultivation sites that provide, process, and grow marijuana for medical use. This bill, sponsored by the League of CA Cities and the Police Chiefs Association, would designate county health departments as licensing enforcement agencies, with oversight provided by CDPH. Under the proposed enforcement framework, county “enforcement” officers would be allowed to enter a licensed facility to conduct inspections, issue citations, and secure evidence and samples. Counties have serious concerns with this approach for several reasons. First, we object to the creation of a new mandate on counties that would place them “front and center” as enforcers of the proposed regulatory structure without adequate funding. Secondly, we question the practicality of assigning this role to county health departments as they currently have no oversight of any kind over pharmaceuticals, and therefore lack the expertise, personnel or infrastructure to take on this new responsibility. Although proposed amendments would reassign some of the public health enforcement requirements, they would also broaden the impact on counties by imposing new duties on county agricultural commissioners, environmental health and sheriffs. CSAC continues to work with the author and sponsors to address the aforementioned concerns. This bill will be heard in the Senate Health Committee on April 30, 2014.

CalEnviroScreen 2.0 Available for Public Comment

The Office of Environmental Health Hazard Assessment (OEHHA) has announced the availability of the draft Communities Environmental Health Screening Tool: CalEnviroScreen2. As you may recall, CalEnviroScreen is a screening methodology that can be used to help identify California communities that are disproportionately burdened by multiple sources of pollution.

OEHHA is accepting public comments and suggestions on the screening tool until Friday, May 23, 2014. Comments may be e-mailed to CalEnviroScreen@oehha.ca.gov, or sent by mail to: 

CalEnviroScreen 
c/o John Faust, Chief, Community Assessment & Research Section 
Office of Environmental Health Hazard Assessment 
1515 Clay Street, Suite 1600 
Oakland, CA 94612 
Tel: (916) 324-7572

OEHHA is also hosting a one hour webinar on April 30 at 11:00 a.m. where information regarding the tool and major updates will be provided. Three public workshops have also been scheduled. More information on the public comment process, the webinar and workshops may be found at www.oehha.ca.gov/ej. For questions, please contact CalEnviroScreen@oehha.ca.gov.