HomeMy WebLinkAboutBOARD STANDING COMMITTEES - 02242014 - Legislation Cte Agenda Pkt
LEGISLATION COMMITTEE
February 24, 2014
2:30 to 4:00 PM.
651 Pine Street, Room 108, Martinez
Supervisor Mary N. Piepho, Chair
Supervisor Karen Mitchoff, Vice Chair
Agenda
Items:
Items may be taken out of order based on the business of the day and preference
of the Committee
1.Introductions
2.Public comment on any item under the jurisdiction of the Committee and not on this
agenda (speakers may be limited to three minutes).
3. RECOMMEND the Board of Supervisors adopt a Resolution of support for the Bay
Area Water Trail.
4. RECOMMEND a position of support to the Board of Supervisors on AB 1637
(Frazier): Driver's Licenses: Veteran Designation, as recommended by the Veterans
Services Officer.
5. RECOMMEND a position of support to the Board of Supervisors on SB 270 (Padilla):
Solid Waste: Single-Use Carryout Bags, as recommended by staff.
6. CONSIDER recommending a position to the Board of Supervisors on SB 920
(Galgiani): Planning and Zoning: Flood Protection, based on information and input
provided to the Committee at its meeting.
7. RECOMMEND a position of support to the Board of Supervisors on Prop. 41, Veterans
Housing and Homeless Prevention Bond (2014), as recommended by staff.
8. ACCEPT the Status Report on state bills of interest to the County.
9. ACCEPT the report on federal affairs, provided by CSAC.
10. ACCEPT the report on CSAC's Draft Advocacy Priorities for 2014.
11.The next meeting is currently scheduled for Thursday, April 3, 2014 at 10:30 a.m. in
Room 101.
12.Adjourn
The Legislation Committee will provide reasonable accommodations for persons with disabilities
planning to attend Legislation Committee meetings. Contact the staff person listed below at least
72 hours before the meeting.
Any disclosable public records related to an open session item on a regular meeting agenda and
distributed by the County to a majority of members of the Legislation Committee less than 96
hours prior to that meeting are available for public inspection at 651 Pine Street, 10th floor,
during normal business hours.
Public comment may be submitted via electronic mail on agenda items at least one full work day
prior to the published meeting time.
For Additional Information Contact:
Lara DeLaney, Committee Staff
Phone (925) 335-1097, Fax (925) 646-1353
lara.delaney@cao.cccounty.us
LEGISLATION COMMITTEE 3.
Meeting Date:02/24/2014
Submitted For: LEGISLATION COMMITTEE,
Department:County Administrator
Referral No.: 2014-01
Referral Name: State Legislation
Presenter: Lara DeLaney Contact: L. DeLaney, 925-335-1097
Referral History:
This item was referred to the Legislation Committee by Supervisor Gioia on 2/11/14.
Referral Update:
Contra Costa County has been contacted by the Water Trail Planner at the Association of Bay
Area Governments (ABAG) for the San Francisco Bay Area Water Trail. The Water Trail is a
nine-county, growing network of launching and landing sites for non-motorized small boat users
to safely enjoy the historic, scenic, and environmental richness of San Francisco Bay
(http://sfbaywatertrail.org/). The Water Trail is a relatively new regional trail to join the Bay Area.
ABAG is seeking resolutions of support from counties and shoreline cities endorsing the Water
Trail concept.
In Contra Costa County there are 16 potential sites and one designated site in Contra Costa
County (sites join the Water Trail through a designation process; ABAG currently has six
designated sites).
The San Francisco Bay Area Water Trail (Water Trail) is a growing network of launching and
landing sites that allow people in non-motorized small boats (NMSBs) to safely enjoy the natural,
historic, cultural, and scenic richness of San Francisco Bay through single and multiple-day trips
on the Bay. This regional trail has the potential to enhance Bay Area communities’ connections to
the Bay and create new linkages to existing shoreline open spaces and other regional trails.
The Water Trail was created by the California legislature with the passage of the San Francisco
Bay Area Water Trail Act (AB 1296, Hancock) in 2005 based upon the vision of the non-profit
Bay Access, Inc. The San Francisco Bay Conservation and Development Commission (BCDC),
in coordination with other agencies and organizations, prepared the San Francisco Bay Area
Water Trail Plan in 2007. The California State Coastal Conservancy (Conservancy) certified the
Final Environmental Impact Report (FEIR) and adopted the Enhanced Water Trail Plan in 2011.
The Water Trail Act designated the Coastal Conservancy as the lead for implementation of the
The Water Trail Act designated the Coastal Conservancy as the lead for implementation of the
Water Trail. The governance structure for the Water Trail Plan is a collaborative partnership
between the Conservancy, Association of Bay Area Governments (ABAG), BCDC, and
California Department of Boating and Waterways (Cal Boating). These four organizations make
up the Project Management Team (PMT) and have decision-making authority. The Advisory
Committee (AC) represents different stakeholder interests and provides guidance and expertise to
the PMT on trail designation and other implementation issues.
For more information about the Water Trail, please contact:
Galli Basson
Water Trail Planner
San Francisco Bay Area Water Trail
Association of Bay Area Governments
(510) 464-7936
101 Eighth Street
Oakland, CA 94607
http://www.sfbaywatertrail.org/
Recommendation(s)/Next Step(s):
RECOMMEND support of the Resolution to the Board of Supervisors.
Attachments
Sample Resolution
A RESOLUTION IN SUPPORT OF
THE SAN FRANCISCO BAY AREA WATER TRAIL
WHEREAS, the California State Legislature enacted the Water Trail Act (AB 1296) in 2005
establishing the San Francisco Bay Area Water Trail, a growing network of launching and
landing sites that allows non-motorized small boat users to better enjoy the historic, scenic,
cultural, and environmental richness of San Francisco Bay; and
WHEREAS, the Water Trail is implemented under the leadership of the State Coastal
Conservancy, working in close collaboration with the Association of Bay Area Governments, the
San Francisco Bay Conservation and Development Commission, and the California Department
of Boating and Waterways; and
WHEREAS, the Water Trail benefits the region by improving and increasing recreational access
for non-motorized small boat use by persons of all abilities; and
WHEREAS, the Water Trail fosters stewardship of the Bay and reduces impacts to sensitive
wildlife and habitat through education of boaters; and
WHEREAS, the Water Trail provides economic benefits to waterfront and water-oriented
businesses by promoting opportunities for single and multi-day excursions on the Bay; and
WHEREAS,the __________________ recognizes the benefits of non-motorized small boat
recreation on the Bay and wants to encourage this activity as part of a regional trail network;
NOW, THEREFORE, BE IT RESOLVED that _____________ officially endorses the concept of the
San Francisco Bay Area Water Trail.
LEGISLATION COMMITTEE 4.
Meeting Date:02/24/2014
Submitted For: LEGISLATION COMMITTEE,
Department:County Administrator
Referral No.: 2014-02
Referral Name: AB 1637 (Frazier): Driver's Licenses: Veteran Designation
Presenter: L. DeLaney Contact: L. DeLaney, 925-335-1097
Referral History:
Bill referred to Committee by Nathan D. Johnson, Veterans Services Officer on 02/11/14.
Referral Update:
AB 1637 is a re-introduction of legislation to add a “Veteran” indicator on California Drivers
Licenses.
LEGISLATIVE COUNSEL'S DIGEST: AB 1637 as introduced, Frazier. Driver's licenses:
veteran designation. (1) Under existing law, when the Department of Motor Vehicles determines
that an applicant is lawfully entitled to a driver's license, the department is required to issue that
license to the applicant. Existing law specifies the contents of a driver's license and requires the
application for a driver's license or identification card to contain a space for an applicant to
indicate whether he or she has served in the Armed Forces of the United States and to give his or
her consent to be contacted regarding eligibility to receive state or federal veterans' benefits.
This bill would allow an applicant for a driver's license or identification card to allow a person to
request the driver's license or identification card be printed with the word "VETERAN." The
applicant would be required to present to the department, in a manner determined by the
department, a Certificate of Release or Discharge from Active Duty. The bill would require the
department to allow an applicant to present a verification from the county veterans service officer
that the person has received that form. The department would be required to print the word
"VETERAN" on the face of a driver's license or identification card issued to a person who makes
that request and presents that verification to the department.
(2) Existing law establishes certain fee amounts for the applications for, and renewal of, driver's
(2) Existing law establishes certain fee amounts for the applications for, and renewal of, driver's
licenses and identification cards. This bill would require the department to charge an additional
fee in an unspecified amount to a person who requests that the person's driver's license or
identification card be designated, as provided above. The bill would require the department to
forward $1 of the amount collected to the Controller, for deposit in the Veterans Service Office
Fund. The bill would require the revenues deposited in the Veterans Service Office Fund to be
expended, upon appropriation by the Legislature, for the support of county veterans service
offices.
Recommendation(s)/Next Step(s):
CONSIDER recommending a position of "Support" to the Board of Supervisors.
Attachments
AB 1637 Bill Text
california legislature—2013–14 regular session
ASSEMBLY BILL No. 1637
Introduced by Assembly Members Frazier and Bloom
February 11, 2014
An act to amend Section 12811 of, and to add Section 14901.1 to,
the Vehicle Code, relating to driver’s licenses.
legislative counsel’s digest
AB 1637, as introduced, Frazier. Driver’s licenses: veteran
designation.
(1) Under existing law, when the Department of Motor Vehicles
determines that an applicant is lawfully entitled to a driver’s license,
the department is required to issue that license to the applicant. Existing
law specifies the contents of a driver’s license and requires the
application for a driver’s license or identification card to contain a space
for an applicant to indicate whether he or she has served in the Armed
Forces of the United States and to give his or her consent to be contacted
regarding eligibility to receive state or federal veterans’ benefits.
This bill would allow an applicant for a driver’s license or
identification card to allow a person to request the driver’s license or
identification card be printed with the word “VETERAN.” The applicant
would be required to present to the department, in a manner determined
by the department, a Certificate of Release or Discharge from Active
Duty. The bill would require the department to allow an applicant to
present a verification from the county veterans service officer that the
person has received that form. The department would be required to
print the word “VETERAN” on the face of a driver’s license or
identification card issued to a person who makes that request and
presents that verification to the department.
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(2) Existing law establishes certain fee amounts for the applications
for, and renewal of, driver’s licenses and identification cards.
This bill would require the department to charge an additional fee in
an unspecified amount to a person who requests that the person’s
driver’s license or identification card be designated, as provided above.
The bill would require the department to forward $1 of the amount
collected to the Controller, for deposit in the Veterans Service Office
Fund. The bill would require the revenues deposited in the Veterans
Service Office Fund to be expended, upon appropriation by the
Legislature, for the support of county veterans service offices.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
The people of the State of California do enact as follows:
line 1 SECTION 1. Section 12811 of the Vehicle Code is amended
line 2 to read:
line 3 12811. (a) (1) (A) When the department determines that the
line 4 applicant is lawfully entitled to a license, it shall issue to the person
line 5 a driver’s license as applied for. The license shall state the class
line 6 of license for which the licensee has qualified and shall contain
line 7 the distinguishing number assigned to the applicant, the date of
line 8 expiration, the true full name, age, and mailing address of the
line 9 licensee, a brief description and engraved picture or photograph
line 10 of the licensee for the purpose of identification, and space for the
line 11 signature of the licensee.
line 12 (B) Each license shall also contain a space for the endorsement
line 13 of a record of each suspension or revocation thereof of the license.
line 14 (C) The department shall use whatever process or processes, in
line 15 the issuance of engraved or colored licenses, that prohibit, as near
line 16 as possible, the ability to alter or reproduce the license, or prohibit
line 17 the ability to superimpose a picture or photograph on the license
line 18 without ready detection.
line 19 (2) In addition to the requirements of paragraph (1), a license
line 20 issued to a person under 18 years of age shall display the words
line 21 “provisional until age 18.”
line 22 (b) (1) On and after July 1, 2011, an application for an original
line 23 or renewal driver’s license or identification card shall contain a
line 24 space for the applicant to enroll in the Donate Life California Organ
line 25 and Tissue Donor Registry. The application shall include check
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— 2 —AB 1637
line 1 boxes for an applicant to mark either (A) Yes, add my name to the
line 2 donor registry or (B) I do not wish to register at this time.
line 3 (2) The department shall inquire verbally of an applicant
line 4 applying in person for an original or renewal driver’s license or
line 5 identification card at a department office as to whether the applicant
line 6 wishes to enroll in the Donate Life California Organ and Tissue
line 7 Donor Registry. Failure or refusal to answer this question or check
line 8 a box on the application form shall not be a basis for the department
line 9 to deny an applicant a driver’s license or identification card.
line 10 (3) The following language shall be included with the question
line 11 required by paragraph (1):
line 12
line 13 “Marking ‘Yes’ adds your name to the Donate Life California
line 14 Organ and Tissue Donor Registry and a pink ‘donor’ dot will
line 15 appear on your license. If you wish to remove your name from the
line 16 registry you must contact Donate Life California (see back); DMV
line 17 can remove the pink dot from your licenses but cannot remove
line 18 you from the registry.”
line 19
line 20 (4) The back of the application shall contain the following
line 21 statement:
line 22
line 23 “If, on the front of this form, you marked ‘Yes’ to register as an
line 24 organ and tissue donor you are legally authorizing the recovery of
line 25 organs and tissues in the event of your death. Registering as a
line 26 donor will not affect your medical treatment in any way. As
line 27 outlined in the California Anatomical Gift Act, your authorization
line 28 is legally binding and, unless the donor is under 18 years of age,
line 29 your decision does not require the consent of any other person.
line 30 For registered donors under 18 years of age, the legal guardian
line 31 shall make the final donation decision. You may limit your
line 32 donation to specific organs or tissues, place usage restrictions, for
line 33 example transplantation or research, obtain more information about
line 34 donation, or remove your name from the registry on the Internet
line 35 Web site of Donate Life California:
line 36 www.donateLIFEcalifornia.org.”
line 37
line 38 (5) Notwithstanding any other provision of law, a person under
line 39 18 years of age may register as a donor. However, the legal
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AB 1637— 3 —
line 1 guardian of that person shall make the final decision regarding the
line 2 donation.
line 3 (6) The department shall collect donor designation information
line 4 on all applications for an original or renewal driver’s license or
line 5 identification card.
line 6 (7) The department shall print the word “DONOR” or another
line 7 appropriate designation on the face of a driver’s license or
line 8 identification card to a person who has indicated on the application
line 9 his or her intent to enroll in the organ donation program pursuant
line 10 to this section.
line 11 (8) On a weekly basis, the department shall electronically
line 12 transmit to Donate Life California, a nonprofit organization
line 13 established and designated as the California Organ and Tissue
line 14 Donor Registrar pursuant to Section 7150.90 of the Health and
line 15 Safety Code, all of the following information from every
line 16 application that indicates the applicant’s decision to enroll in the
line 17 organ donation program:
line 18 (A) His or her true full name.
line 19 (B) His or her residence or mailing address.
line 20 (C) His or her year of birth.
line 21 (D) His or her California driver’s license number or
line 22 identification card number.
line 23 (9) (A) A person who applies for an original or renewal driver’s
line 24 license or identification card may designate a voluntary
line 25 contribution of two dollars ($2) for the purpose of promoting and
line 26 supporting organ and tissue donation. This contribution shall be
line 27 collected by the department, and treated as a voluntary contribution
line 28 to Donate Life California and not as a fee for the issuance of a
line 29 driver’s license or identification card.
line 30 (B) The department may use the donations collected pursuant
line 31 to this paragraph to cover its actual administrative costs incurred
line 32 pursuant to paragraphs (6) to (8), inclusive. The department shall
line 33 deposit all revenue derived pursuant to this paragraph and
line 34 remaining after the department’s deduction for administrative costs
line 35 in the Donate Life California Trust Subaccount, that is hereby
line 36 created in the Motor Vehicle Account in the State Transportation
line 37 Fund. Notwithstanding Section 13340 of the Government Code,
line 38 all revenue in this subaccount is continuously appropriated, without
line 39 regard to fiscal years, to the Controller for allocation to Donate
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— 4 —AB 1637
line 1 Life California and shall be expended for the purpose of increasing
line 2 participation in organ donation programs.
line 3 (C) The department shall transmit to the Donate Life California
line 4 Organ and Tissue Donor Registry and the appropriate policy and
line 5 fiscal committees of the Legislature an annual report, and shall
line 6 make available quarterly updates, detailing funds collected through
line 7 voluntary contributions as well as a summary of applicants,
line 8 including all of the following nonidentifiable information:
line 9 (i) Date of application.
line 10 (ii) Method of application (field office, online, or mail).
line 11 (iii) Donor registration status.
line 12 (iv) ZIP code.
line 13 (v) Gender.
line 14 (vi) Year of birth.
line 15 (D) (i) The annual report to be submitted to the appropriate
line 16 policy and fiscal committees of the Legislature pursuant to
line 17 subparagraph (C) shall be submitted in compliance with Section
line 18 9795 of the Government Code.
line 19 (ii) Pursuant to Section 10231.5 of the Government Code, the
line 20 requirement for submitting the annual report to the appropriate
line 21 policy and fiscal committees of the Legislature imposed under
line 22 subparagraph (C) is inoperative four years after the date the first
line 23 annual report is due.
line 24 (10) The enrollment form shall be posted on the Internet Web
line 25 sites for the department and the California Health and Human
line 26 Services Agency.
line 27 (11) The enrollment shall constitute a legal document pursuant
line 28 to the Uniform Anatomical Gift Act (Chapter 3.5 (commencing
line 29 with Section 7150) of Part 1 of Division 7 of the Health and Safety
line 30 Code) and shall remain binding after the donor’s death despite any
line 31 express desires of next of kin opposed to the donation. Except as
line 32 provided in paragraph (5) of subdivision (b), the donation does
line 33 not require the consent of any other person.
line 34 (12) Donate Life California shall ensure that all additions and
line 35 deletions to the California Organ and Tissue Donor Registry,
line 36 established pursuant to Section 7150.90 of the Health and Safety
line 37 Code, shall occur within 30 days of receipt.
line 38 (13) Information obtained by Donate Life California for the
line 39 purposes of this subdivision shall be used for these purposes only
line 40 and shall not be disseminated further by Donate Life California.
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AB 1637— 5 —
line 1 (c) (1) All applications for a driver’s license or identification
line 2 card shall contain a space for an applicant to indicate whether he
line 3 or she has served in the Armed Forces of the United States and to
line 4 give his or her consent to be contacted regarding eligibility to
line 5 receive state or federal veterans benefits. The application shall
line 6 contain the following statement:
line 7
line 8 “By marking the veteran box on this application, I certify that I
line 9 am a veteran of the United States Armed Forces and that I want
line 10 to receive veterans benefits information from the California
line 11 Department of Veterans Affairs. By marking the veteran box on
line 12 this application, I also consent to DMV transmitting my name and
line 13 mailing address to the California Department of Veterans Affairs
line 14 for this purpose only, and I certify that I have been notified that
line 15 this transmittal will occur.”
line 16
line 17 (2) The department shall collect the information obtained
line 18 pursuant to paragraph (1).
line 19 (3) As mutually agreed between the department and the
line 20 Department of Veterans Affairs, the department shall electronically
line 21 transmit to the Department of Veterans Affairs the following
line 22 information on each applicant who has identified that he or she
line 23 has served in the Armed Forces of the United States since the last
line 24 data transfer and has consented to be contacted about veterans
line 25 benefits:
line 26 (A) His or her true full name.
line 27 (B) His or her mailing address.
line 28 (4) Information obtained by the Department of Veterans Affairs
line 29 for the purposes of this subdivision shall be used for the purpose
line 30 of assisting individuals to access veterans benefits and shall not
line 31 be disseminated except as needed for this purpose.
line 32 (5) An application for an original or renewal driver’s license
line 33 or identification card shall allow an applicant to request the word
line 34 “VETERAN” be printed on the face of the driver’s license or
line 35 identification. The applicant shall present to the department, in a
line 36 manner determined by the department, verification that the person
line 37 has received a Certificate of Release or Discharge from Active
line 38 Duty (DD Form 214) issued pursuant to Part 45 (commencing
line 39 with Section 45.1) of Title 32 of the Code of Federal Regulations,
line 40 from the county veteran’s service officer appointed pursuant to
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— 6 —AB 1637
line 1 Section 970 of the Military and Veterans Code. Upon payment of
line 2 the fee required pursuant to Section 14901.1, the department shall
line 3 print the word “VETERAN” on the face of a driver’s license or
line 4 identification card issued to a person who makes this request and
line 5 presents the verification to the department.
line 6 (d) A public entity or employee shall not be liable for loss,
line 7 detriment, or injury resulting directly or indirectly from false or
line 8 inaccurate information contained in the form provided pursuant
line 9 to subdivision (b).
line 10 (e) A contract shall not be awarded to a nongovernmental entity
line 11 for the processing of driver’s licenses, unless the contract conforms
line 12 to all applicable state contracting laws and all applicable procedures
line 13 set forth in the State Contracting Manual.
line 14 SEC. 2. Section 14901.1 is added to the Vehicle Code, to read:
line 15 14901.1. (a) In addition to the fees required by Section 14900,
line 16 14900.1, or 14902, the department shall charge a fee in the amount
line 17 of ____ dollars ($____) to any person who requests, pursuant to
line 18 paragraph (5) of subdivision (c) of Section 12811, that the person’s
line 19 driver’s license or identification card be printed with the word
line 20 “VETERAN” or another appropriate designation to indicate that
line 21 the person has served in the United States Armed Forces.
line 22 (b) The department shall forward one dollar ($1) of the amount
line 23 collected pursuant to subdivision (a) to the Controller, for deposit
line 24 in the Veterans Service Office Fund created in the State Treasury
line 25 pursuant to Section 972.2 of the Military and Veterans Code. The
line 26 revenues deposited in the Veterans Service Office Fund pursuant
line 27 to this subdivision shall be expended, upon appropriation by the
line 28 Legislature, for the support of county veterans service offices.
O
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AB 1637— 7 —
LEGISLATION COMMITTEE 5.
Meeting Date:02/24/2014
Submitted For: LEGISLATION COMMITTEE,
Department:County Administrator
Referral No.: 2014-03
Referral Name: SB 270 (Padilla): Solid Waste: Single-Use Carryout Bags
Presenter: L. DeLaney Contact: L. DeLaney, 925-335-1097
Referral History:
The issue of a plastic bag ban has been discussed by the Legislation Committee in prior
years.Supervisor Piepho requested this item be included on the agenda.
Referral Update:
Author:Padilla (D)
Title:Solid Waste: Single-Use Carryout Bags
Introduced:02/14/2013
Last
Amend:
02/06/2014
Disposition:Pending
Location:Assembly Rules Committee
Summary:
Prohibits specified stores from providing a single-use carryout bag to a customer.
Requires such stores to meet other requirements regarding providing recycled paper
bags and compostable bags. Imposes these prohibitions and requirements on
convenience food stores, foodmarts, and certain other specified stores. Requires bags
sold or provided to a store by a reusable grocery bag producer to meet specified
requirements, and bag producers to provide certification. Authorizes local civil
penalties.
Status:
02/10/2014 Withdrawn from ASSEMBLY Committee on LABOR AND
EMPLOYMENT.
02/10/2014 Re-referred to ASSEMBLY Committee on RULES.
After three unsuccessful attempts to outlaw single-use plastic grocery bags statewide, legislators
announced a compromise on Jan. 14, 2014 that they said appears headed for passage. Their
proposal would impose a 10-cent fee on alternative bags while banning single-use plastic bags.
The new proposal would exempt those on food stamps from the fee and would be phased in
starting July 2015. While lawmakers battled over the issue, plastic grocery bag bans were
approved in 90 cities and counties in California, including Los Angeles city and county. Some
legislators had worried that businesses in their districts would be hurt. But some lawmakers who
led the opposition in recent years support the new compromise, which would allow grocers to
charge at least a dime for bags made of recycled paper, reusable plastic and compostable
materials. In addition, the state would allow businesses to tap $2 million in recycling funds to
retool manufacturing plants and retrain workers who make plastic bags. The measure, SB 270,
would require reusable bags to contain 20% recycled content at first and 40% by 2020. The
10-cent fee is intended to reimburse retailers for the cost of providing alternative bags and to
encourage shoppers to bring their own reusable bags to the store. The ban on single-use plastic
bags would apply to supermarkets and large grocery stores starting July 1, 2015, and would
extend to pharmacies and liquor stores in 2016. Governor Brown does not have a public position
on the proposal.
Contra Costa County Efforts
Contra Costa County committed in the "Short Term Trash Reduction Plan" to enact an ordinance
to prohibit the free distribution of single use plastic bags and polystyrene foam food and beverage
containers. Members of the Board of Supervisors wanted these ordinances to be able to spread
easily into adjacent cities in order to create economic parity across the County. Unfortunately
there was insufficient desire by most cities to pursue these ordinances at that time. At the same
time, information conveyed by several southern California cities indicated that a County-wide
approach would be politically difficult and costly. The County chose to postpone the development
of these ordinances to the Long Term Plan.
For the Long Term Plan, the County proposes to implement the single use plastic bag ordinance
developed by the West County Integrated Waste Authority (AKA Recyclemore) within its
jurisdiction (North Richmond, the Richmond Pocket Neighborhoods, and El Sobrante) by July 1,
2014. The County will adopt the foam polystyrene food container ordinance, currently in
development by RecycleMore, within six months of its approval by the Board of Directors.
The County will pursue a single use plastic bag ordinance by July 1, 2017 and a foam polystyrene
food and beverage container ordinance by July 1, 2022 for the remainder of the unincorporated
areas of the County, and enact it by July 1, 2017. This ordinance will be based on RecycleMore’s
ordinance, so as to achieve consistency within unincorporated communities. It is not known at
this time if other cities will join the effort
Recommendation(s)/Next Step(s):
Attachments
SB 270 Bill Text
AMENDED IN ASSEMBLY FEBRUARY 6, 2014
SENATE BILL No. 270
Introduced by Senator Senators Padilla, De León, and Lara
February 14, 2013
An act to add Section 106.5 to the Labor Code, relating to
employment. An act to add Chapter 5.3 (commencing with Section
42280) to Part 3 of Division 30 of the Public Resources Code, relating
to solid waste, and making an appropriation therefor.
legislative counsel’s digest
SB 270, as amended, Padilla. Underground economy: enforcement
actions. Solid waste: single-use carryout bags.
(1) Existing law, until 2020, requires an operator of a store, as
defined, to establish an at-store recycling program that provides to
customers the opportunity to return clean plastic carryout bags to that
store.
This bill, as of July 1, 2015, would prohibit stores that have a specified
amount of sales in dollars or retail floor space from providing a
single-use carryout bag to a customer, with specified exceptions. The
bill would also prohibit a store from selling or distributing a recycled
paper bag at the point of sale unless the store makes that bag available
for purchase for not less than $0.10. The bill would also allow such a
store, on or after July 1, 2015, to distribute compostable bags at the
point of sale only in jurisdictions that meet specified requirements and
at a cost of not less than $0.10. The bill would require these stores to
meet other specified requirements on and after July 1, 2015, regarding
providing reusable grocery bags to customers, including distributing
those bags only at a cost of not less than $0.10.
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The bill, on and after July 1, 2016, would additionally impose these
prohibitions and requirements on convenience food stores, foodmarts,
and entities engaged in the sale of a limited line of goods, or goods
intended to be consumed off premises, and that hold a specified license
with regard to alcoholic beverages.
The bill would allow a retail establishment to voluntarily comply with
these requirements, if the retail establishment notifies the department
and pays a registration fee established by the department.
The bill would require the operator of a store that has a specified
amount of sales in dollars or retail floor space, in addition to complying
with existing requirements, to establish an at-store recycling program
that provides an opportunity for customers to return to the store clean
polyethylene, polypropylene, and polyethylene terephthalate bags,
including requiring those bags that are provided by the store to display
a specified notice and providing for the placement of collection bins in
a specified manner.
The bill would require certain stores selling a reusable grocery bag
on and after July 1, 2015, to a customer at the point of sale to meet
specified requirements with regard to the bag’s durability, material,
labeling, heavy metal content, and, with regard to reusable grocery
bags made from plastic on and after January 1, 2016, recycled material
content. The bill would impose these requirements as of July 1, 2016,
on the stores that are otherwise subject to the bill’s requirements.
The bill would prohibit a producer of reusable grocery bags made
from specified plastics from selling or distributing those bags on and
after January 1, 2016, unless the producer is certified by the Department
of Resources Recycling and Recovery. The bill would require the
application for certification to include specified information that verifies
the incorporation of clean postconsumer recycled material. The bill
would also authorize a supplier of postconsumer recycled material to
a producer of those bags to apply to the department for certification as
a supplier of material. The bill would specify a procedure for a person
to submit a written request to the department objecting to approval of
a certification and for the holding of a hearing regarding that approval.
The department would be authorized to suspend or revoke a
certification under specified circumstances and would be required to
publish on its Internet Web site a list of certified reusable grocery bag
producers and suppliers and reusable grocery bags that comply with
the requirements of the bill. The bill would require the department to
establish a certification fee schedule to cover the department’s costs to
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implement these requirements, which a reusable grocery bag producer
or supplier applying for certification would be required to pay. The bill
would also require a reusable grocery bag producer to submit specified
laboratory test results to the department.
A violation of these requirements would be subject to an
administrative civil penalty assessed by the department. The department
would be required to deposit these penalties into the Reusable Bag
Account, which would be created in the Integrated Waste Management
Fund, for expenditure by the department, upon appropriation by the
Legislature, to implement those requirements.
The bill would allow a city, county, or city and county, or the state
to impose civil penalties for a violation of the bill’s requirements, except
as specified. The bill would require these civil penalties to be paid to
the office of the city attorney, city prosecutor, district attorney, or
Attorney General, whichever office brought the action, and would allow
the penalties collected by the Attorney General to be expended by the
Attorney General, upon appropriation by the Legislature, to enforce
the bill’s provisions. The bill would provide that these remedies are not
exclusive, as specified.
The bill would declare that it occupies the whole field of the regulation
of reusable grocery bags, single-use carryout bags, and recycled paper
bags and would prohibit a local public agency from enforcing or
implementing an ordinance, resolution, regulation, or rule adopted on
or after September 1, 2014, relating to those bags, against a store unless
expressly authorized. The bill would allow a local public agency that
has adopted such an ordinance, resolution, regulation, or rule prior to
September 1, 2014, to continue to enforce and implement that ordinance,
resolution, regulation, or rule, and would preempt any amendments to
that ordinance, resolution, regulation, or rule, except that the bill would
allow a local public agency to adopt or amend an ordinance, resolution,
regulation, or rule setting a price for a recycled paper bag, compostable
bag, or reusable grocery bag.
(2) The California Integrated Waste Management Act of 1989 creates
the Recycling Market Development Revolving Loan Subaccount in the
Integrated Waste Management Account and continuously appropriates
the funds deposited in the subaccount to the department for making
loans for the purposes of the Recycling Market Development Revolving
Loan Program. Existing law makes the provisions regarding the loan
program, the creation of the subaccount, and expenditures therefrom
inoperative on July 1, 2021, and repeals them as of January 1, 2022.
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SB 270— 3 —
This bill would appropriate $2,000,000 from the Recycling Market
Development Revolving Loan Subaccount in the Integrated Waste
Management Account to the department for the purposes of providing
loans and grants for the creation and retention of jobs and economic
activity in California for the manufacture and recycling of plastic
reusable grocery bags that use recycled content. The bill would require
a recipient of a grant to agree, as a condition of receiving a grant, to
take specified actions.
Existing law establishes the Joint Enforcement Strike Force on the
Underground Economy to combat tax violations and cash-pay
employment and to report to the Legislature on the underground
economy by June 30 of each year. The Department of Industrial
Relations established the Labor Enforcement Task Force to help to
eliminate the underground economy by ensuring that employers do not
violate wage, hour, and safety laws by illegally hiring workers.
This bill would require, to the extent feasible, agencies participating
in either of these groups to coordinate their law enforcement activities
and to exchange information between them regarding these activities.
Vote: majority. Appropriation: no yes. Fiscal committee: yes.
State-mandated local program: no.
The people of the State of California do enact as follows:
line 1 SECTION 1. Chapter 5.3 (commencing with Section 42280)
line 2 is added to Part 3 of Division 30 of the Public Resources Code,
line 3 to read:
line 4
line 5 Chapter 5.3. Single-Use Carryout Bags
line 6
line 7 Article 1. Definitions
line 8
line 9 42280. (a) “Department” means the Department of Resources
line 10 Recycling and Recovery.
line 11 (b) “Postconsumer recycled material” means a material that
line 12 would otherwise be destined for solid waste disposal, having
line 13 completed its intended end use and product life cycle.
line 14 Postconsumer recycled material does not include materials and
line 15 byproducts generated from, and commonly reused within, an
line 16 original manufacturing and fabrication process.
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line 1 (c) “Recycled paper bag” means a paper carryout bag provided
line 2 by a store to a customer at the point of sale that meets all of the
line 3 following requirements:
line 4 (1) (A) Except as provided in subparagraph (B), contains a
line 5 minimum of 40 percent postconsumer recycled materials.
line 6 (B) An eight pound or smaller recycled paper bag shall contain
line 7 a minimum of 20 percent postconsumer recycled material.
line 8 (2) Is accepted for recycling in curbside programs in a majority
line 9 of households that have access to curbside recycling programs in
line 10 the state.
line 11 (3) Has printed on the bag the name of the manufacturer, the
line 12 country where the bag was manufactured, and the minimum
line 13 percentage of postconsumer content.
line 14 (d) “Reusable grocery bag” means a bag that is provided by a
line 15 store to a customer at the point of sale that meets the requirements
line 16 of Section 42281.
line 17 (e) (1) “Reusable grocery bag producer” means a person or
line 18 entity that does any of the following:
line 19 (A) Manufactures reusable grocery bags for sale or distribution
line 20 to a store.
line 21 (B) Imports reusable grocery bags into this state, for sale or
line 22 distribution to a store.
line 23 (C) Sells or distributes reusable bags to a store.
line 24 (2) “Reusable grocery bag producer” does not include a store,
line 25 with regard to a reusable grocery bag for which there is a
line 26 manufacturer or importer, as specified in subparagraph (A) or
line 27 (B) of paragraph (1).
line 28 (f) (1) “Single-use carryout bag” means a bag made of plastic,
line 29 paper, or other material that is provided by a store to a customer
line 30 at the point of sale and that is not a recycled paper bag or a
line 31 reusable grocery bag that meets the requirements of Section 42281.
line 32 (2) A single-use carryout bag does not include either of the
line 33 following:
line 34 (A) A bag provided by a pharmacy pursuant to Chapter 9
line 35 (commencing with Section 4000) of Division 2 of the Business and
line 36 Professions Code to a customer purchasing a prescription
line 37 medication.
line 38 (B) A nonhandled bag used to protect a purchased item from
line 39 damaging or contaminating other purchased items when placed
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line 1 in a recycled paper bag, a reusable grocery bag, or a compostable
line 2 plastic bag.
line 3 (g) “Store” means a retail establishment that meets any of the
line 4 following requirements:
line 5 (1) A full-line, self-service retail store with gross annual sales
line 6 of two million dollars ($2,000,000) or more that sells a line of dry
line 7 groceries, canned goods, or nonfood items, and some perishable
line 8 items.
line 9 (2) Has at least 10,000 square feet of retail space that generates
line 10 sales or use tax pursuant to the Bradley-Burns Uniform Local
line 11 Sales and Use Tax Law (Part 1.5 (commencing with Section 7200)
line 12 of Division 2 of the Revenue and Taxation Code) and has a
line 13 pharmacy licensed pursuant to Chapter 9 (commencing with
line 14 Section 4000) of Division 2 of the Business and Professions Code.
line 15 (3) Is a convenience food store, foodmart, or other entity that
line 16 is engaged in the retail sale of a limited line of goods, generally
line 17 including milk, bread, soda, and snack foods, and that holds a
line 18 Type 20 or Type 21 license issued by the Department of Alcoholic
line 19 Beverage Control.
line 20 (4) Is a convenience food store, foodmart, or other entity that
line 21 is engaged in the retail sale of goods intended to be consumed off
line 22 the premises, and that holds a Type 20 or Type 21 license issued
line 23 by the Department of Alcoholic Beverage Control.
line 24 (5) Is not otherwise subject to paragraph (1), (2), (3), or (4), if
line 25 the retail establishment voluntarily agrees to comply with the
line 26 requirements imposed upon a store pursuant to this chapter,
line 27 notifies the department of its intent to comply with the requirements
line 28 imposed upon a store pursuant to this chapter, and pays the
line 29 registration fee that may be established pursuant to Section 42284.
line 30
line 31 Article 2. Reusable Grocery Bags
line 32
line 33 42281. (a) On and after July 1, 2015, a store, as defined in
line 34 paragraph (1) or (2) of subdivision (g) of Section 42280, may sell
line 35 or distribute a reusable grocery bag to a customer at the point of
line 36 sale only if the reusable bag meets all of the following
line 37 requirements:
line 38 (1) Has a handle and is designed for at least 125 uses. A bag
line 39 satisfies this minimum use requirement if the bag is capable of
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line 1 carrying two full, one gallon milk jugs for 125 uses and meets
line 2 either of the following requirements:
line 3 (A) If the bag is made of polyethylene, polypropylene, or
line 4 polyethylene terephthalate, the bag has a minimum thickness of
line 5 at least 2.25 mils.
line 6 (B) If the bag is made of a woven or nonwoven polymer or fiber,
line 7 the bag has a minimum fabric weight of at least 80 grams per
line 8 square meter.
line 9 (2) Has a volume capacity of at least 15 liters.
line 10 (3) Is machine washable or made from a material that can be
line 11 cleaned and disinfected.
line 12 (4) Has printed on the bag, or on a tag attached to the bag that
line 13 is not intended to be removed, and in a manner visible to the
line 14 consumer, all of the following information:
line 15 (A) The name of the manufacturer.
line 16 (B) The country where the bag was manufactured.
line 17 (C) A statement that the bag is a reusable bag and designed for
line 18 at least 125 uses.
line 19 (D) Instructions to return the bag to the store for recycling or
line 20 to another appropriate recycling location, if applicable.
line 21 (5) Does not contain lead, cadmium, or any other heavy metal
line 22 in toxic amounts. This requirement shall not affect any authority
line 23 of the Department of Toxic Substances Control pursuant to Article
line 24 14 (commencing with Section 25251) of Chapter 6.5 of Division
line 25 20 of the Health and Safety Code and, notwithstanding subdivision
line 26 (c) of Section 25257.1 of the Health and Safety Code, the reusable
line 27 grocery bag shall not be considered as a product category already
line 28 regulated or subject to regulation.
line 29 (6) Complies with Section 260.12 of Part 260 of Title 16 of the
line 30 Code of Federal Regulations related to recyclable claims if the
line 31 reusable grocery bag producer makes a claim that the reusable
line 32 grocery bag is recyclable.
line 33 (b) In addition to the requirements in subdivision (a), a reusable
line 34 grocery bag made from plastic, including sheet, woven, or
line 35 nonwoven plastic, shall meet all of the following requirements:
line 36 (1) On and after January 1, 2016, be made from a minimum of
line 37 20 percent postconsumer recycled material,
line 38 (2) On and after January 1, 2020, be made from a minimum of
line 39 40 percent postconsumer recycled material.
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line 1 (3) All postconsumer recycled material shall be cleaned using
line 2 washing equipment specifically designed for that purpose.
line 3 (4) In addition to the information required to be printed on the
line 4 bag or on a tag, pursuant to paragraph (4) of subdivision (a), a
line 5 statement that the bag is made partly or wholly from postconsumer
line 6 material, as applicable, as well as stating the percentage.
line 7 (c) A plastic reusable grocery bag that also meets the
line 8 specifications of the American Society of Testing and Materials
line 9 (ASTM) Standard Specification for Compostable Plastics D6400,
line 10 as published in September 2004, is not required to meet the
line 11 requirements of paragraph (1) or (2) of subdivision (b), but shall
line 12 be labeled in accordance with the applicable state law regarding
line 13 compostable plastics.
line 14 (d) On and after July 1, 2016, a store as defined in paragraph
line 15 (3) or (4) of subdivision (g) of Section 42280, shall comply with
line 16 the requirements of this section.
line 17 42281.5. (a) On and after January 1, 2016, a producer of
line 18 polyethylene, polypropylene, or polyethylene terephthalate reusable
line 19 grocery bags shall not sell or distribute a reusable grocery bag
line 20 in this state unless the producer is certified by the department
line 21 pursuant to this section. Certification shall require that the
line 22 reusable grocery bags sold by the producer comply with the
line 23 requirements of Section 42281. The application for certification
line 24 submitted by the producer shall verify the incorporation of cleaned
line 25 postconsumer recycled material into bags, as required by
line 26 paragraphs (1), (2), and (3) of subdivision (b) of Section 42281,
line 27 and shall include all of the following:
line 28 (1) Names, locations, and contact information of all sources
line 29 and suppliers of postconsumer recycled material. Except as
line 30 provided in subdivision (c), the supplier shall be certified by the
line 31 department as a post-consumer recycled material supplier pursuant
line 32 to subdivision (b).
line 33 (2) Quantity and dates of postconsumer recycled material
line 34 purchases by the reusable bag producer.
line 35 (3) Any other information that the department may require to
line 36 enable verification of the information provided in the application.
line 37 (b) A supplier of material to a producer of polyethylene,
line 38 polypropylene, or polyethylene terephthalate reusable grocery
line 39 bags may apply to the department for certification as a supplier
line 40 of material. The application for certification shall verify the
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line 1 methods of collecting and processing the postconsumer recycled
line 2 material, including all of the following:
line 3 (1) How the postconsumer material is obtained.
line 4 (2) Washing equipment, including the name of the maker, model,
line 5 description, photographs, and exact locations of the equipment.
line 6 (3) Any other information that the department may require to
line 7 enable verification of the information provided in the application.
line 8 (c) If a reusable grocery bag producer obtains postconsumer
line 9 recycled material without an intermediate supplier, the reusable
line 10 grocery bag producer is not required to provide, in its application,
line 11 the information regarding the certification of a supplier pursuant
line 12 to subdivision (b), but shall provide the department with the same
line 13 information otherwise required under paragraphs (1) to (3),
line 14 inclusive, of subdivision (b).
line 15 (d) The department shall provide a system to submit applications
line 16 for certification online.
line 17 (e) The department shall post on its Internet Web site 90 days
line 18 written notice of its intention to approve or disapprove a
line 19 certification application submitted pursuant to subdivision (a) or
line 20 (b), including its proposed decision, and shall invite public
line 21 comments. The notice shall include copies of all documents
line 22 submitted in support of the application, with pricing information
line 23 removed. The department may respond to any public comments
line 24 submitted in writing. The department shall issue a written ruling
line 25 on the application, stating its reasons and fully explaining its
line 26 responses to any objections.
line 27 (f) (1) A person may object to a proposed approval of a
line 28 certification on the grounds that the application for certification
line 29 of the reusable grocery bag producer or supplier did not comply
line 30 with the requirements imposed pursuant to this section, including
line 31 the verification of postconsumer recycled material, by submitting
line 32 a written request to the department.
line 33 (2) Upon receiving a written request pursuant to paragraph
line 34 (1), the department shall hold a public hearing before approving
line 35 the application.
line 36 (3) After holding a hearing pursuant to paragraph (2), the
line 37 department shall issue a written ruling on the application, stating
line 38 its reasons and fully explaining its response to any objections in
line 39 the written request.
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line 1 (4) A person objecting to the department’s approval of
line 2 certification, following a hearing conducted pursuant to paragraph
line 3 (2), may file an action for review of that approval in the superior
line 4 court of Sacramento County within 90 days of the ruling. The court
line 5 shall make its own independent findings on whether the department,
line 6 in approving the application for certification, obtained verified
line 7 evidence of postconsumer material, and may consider evidence
line 8 that was not submitted to the department.
line 9 (g) The department may suspend or revoke a certification of a
line 10 reusable grocery bag producer or supplier upon 90 days written
line 11 notice if the department receives a complaint supported by
line 12 substantial and credible evidence that the reusable grocery bags
line 13 distributed by the producer do not comply with the requirements
line 14 of Section 42281 or that the supplier is not in compliance with the
line 15 information supplied in the application for certification.
line 16 (h) On and after January 1, 2016, the department shall publish
line 17 a list on its Internet Web site that includes all of the following:
line 18 (1) The name, location, and contact information of all certified
line 19 reusable grocery bag producers and all certified post-consumer
line 20 recycled material suppliers.
line 21 (2) The reusable grocery bags distributed by a reusable grocery
line 22 bag producer certified by the department.
line 23 42282. (a) Upon request by the department, a reusable grocery
line 24 bag producer shall submit laboratory test results from independent,
line 25 accredited (ISO/IEC 17025) laboratories to the department
line 26 confirming that the reusable grocery bag meets the requirements
line 27 of Section 42281 for each type of reusable grocery bag that is
line 28 manufactured, imported, sold, or distributed in the state and
line 29 provided to a store for sale or distribution.
line 30 (b) The department may test any reusable grocery bag
line 31 manufactured by a reusable grocery bag producer and provided
line 32 to a store for sale or distribution for compliance with this article
line 33 and the regulations adopted pursuant to this article.
line 34 (c) The department may inspect and audit a certified reusable
line 35 grocery bag producer subject to this article to ensure continuing
line 36 compliance with Section 42281. All costs associated with the audit
line 37 shall be paid by the reusable grocery bag producer.
line 38 (d) The department may enter into an agreement with other
line 39 state entities that conduct inspections to provide necessary
line 40 enforcement of this article.
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line 1 42282.1. (a) A reusable grocery bag producer or supplier
line 2 shall submit the fee established pursuant to subdivision (b) to the
line 3 department when making an application for certification.
line 4 (b) The department shall establish a certification fee schedule
line 5 that will generate fee revenues sufficient to cover, but not exceed,
line 6 the department’s reasonable costs to implement and enforce this
line 7 article. The department may expend the fees collected pursuant to
line 8 this section, upon appropriation by the Legislature, to carry out
line 9 this article.
line 10 42282.2. (a) Notwithstanding Section 42285, a violation of
line 11 this article shall be subject to an administrative civil penalty
line 12 assessed by the department in an amount not to exceed five hundred
line 13 dollars ($500) for the first violation. A subsequent violation is
line 14 subject to a penalty of up to five hundred dollars ($500) per prior
line 15 violation, not to exceed five thousand dollars ($5,000) per
line 16 violation.
line 17 (b) On and after January 1, 2016, a store in violation of Section
line 18 42281 shall remove from the point of sale any reusable grocery
line 19 bags made from polyethylene, polypropylene, or polyethylene
line 20 terephthalate that were not distributed or sold by a certified
line 21 reusable grocery bag producer pursuant to Section 42282 within
line 22 seven days after the store receives notification of the violation.
line 23 42282.3. The department shall deposit all penalties collected
line 24 pursuant to subdivision (a) of Section 42282.1 for a violation of
line 25 this article into the Reusable Bag Account, which is hereby created
line 26 in the Integrated Waste Management Fund. The moneys in the
line 27 Reusable Bag Account shall be expended by the department, upon
line 28 appropriation by the Legislature, to assist the department with its
line 29 costs of implementing this article.
line 30
line 31 Article 3. Single-Use Carryout Bags
line 32
line 33 42283. (a) Except as provided in subdivisions (d) and (e), on
line 34 and after July 1, 2015, a store, as defined in paragraph (1) or (2)
line 35 of subdivision (g) of Section 42280, shall not provide a single-use
line 36 carryout bag to a customer at the point of sale.
line 37 (b) (1) On and after July 1, 2015, a store shall not sell or
line 38 distribute a reusable grocery bag at the point of sale except as
line 39 provided in this subdivision.
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line 1 (2) On and after July 1, 2015, a store may make available for
line 2 purchase at the point of sale a reusable grocery bag that meets
line 3 the requirements of Section 42281.
line 4 (3) On and after July 1, 2015, a store that makes reusable
line 5 grocery bags available for purchase pursuant to paragraph (2)
line 6 shall not sell the reusable grocery bag for less than ten cents
line 7 ($0.10) in order to ensure that the cost of providing a reusable
line 8 grocery bag is not subsidized by a customer who does not require
line 9 that bag.
line 10 (c) (1) On and after July 1, 2015, a store shall not sell or
line 11 distribute a recycled paper bag except as provided in this
line 12 subdivision.
line 13 (2) A store may make available for purchase a recycled paper
line 14 bag. On and after July 1, 2015, the store shall not sell a recycled
line 15 paper bag for less than ten cents ($0.10) in order to ensure that
line 16 the cost of providing a recycled paper bag is not subsidized by a
line 17 consumer who does not require that bag.
line 18 (d) Notwithstanding any other law, on and after July 1, 2015,
line 19 a store that makes reusable grocery bags or recycled paper bags
line 20 available for purchase at the point of sale shall provide a customer
line 21 participating in the California Special Supplemental Food Program
line 22 for Women, Infants, and Children pursuant to Article 2
line 23 (commencing with Section 123275) of Chapter 1 of Part 2 of
line 24 Division 106 of the Health and Safety Code and a customer
line 25 participating in the Supplemental Food Program pursuant to
line 26 Chapter 10 (commencing with Section 15500) of Part 3 of Division
line 27 9 of the Welfare and Institutions Code with a reusable grocery
line 28 bag or a recycled paper bag at no cost at the point of sale.
line 29 (e) On and after July 1, 2015, a store may distribute a
line 30 compostable bag at the point of sale, if the compostable bag is
line 31 provided to the consumer at the cost specified pursuant to
line 32 paragraph (2), the compostable bag, at a minimum, meets the
line 33 American Society for Testing and Materials (ASTM) Standard
line 34 Specification for Compostable Plastics D6400, and in the
line 35 jurisdiction where the compostable bag is sold and in the
line 36 jurisdiction where the store is located, both of the following
line 37 requirements are met:
line 38 (1) A majority of the residential households in the jurisdiction
line 39 have access to curbside collection of foodwaste for composting.
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line 1 (2) The governing authority for the jurisdiction has voted to
line 2 allow stores in the jurisdiction to sell to a consumers at the point
line 3 of sale a compostable bag at a cost not less than the actual cost
line 4 of the bag, which the Legislature hereby finds to be not less than
line 5 ten cents ($0.10) per bag.
line 6 (f) A store shall not require a customer to use, purchase, or
line 7 accept a single-use carryout bag, recycled paper bag, compostable
line 8 bag, or reusable grocery bag as a condition of sale of any product.
line 9 42283.5. On and after July 1, 2016, a store, as defined in
line 10 paragraph (3) or (4) of subdivision (g) of Section 42280, shall
line 11 comply with the same requirements of Section 42283 that are
line 12 imposed upon a store, as defined in paragraph (1) or (2) of
line 13 subdivision (g) of Section 42880.
line 14 42283.6. The operator of a store, as defined in paragraph (1)
line 15 or (2) of subdivision (g) of Section 42280 shall, in addition to
line 16 complying with the requirements of Chapter 5.1 (commencing with
line 17 Section 42250), establish an at-store recycling program that
line 18 provides an opportunity for customers to return to the store a clean
line 19 polyethylene, polypropylene, or polyethylene terephthalate bag,
line 20 including, but not limited to, a single-use carryout bag or a
line 21 reusable grocery bag. The at-store recycling program shall include
line 22 all of the following:
line 23 (a) Any polyethylene, polypropylene, and polyethylene
line 24 terephthalate bag provided by the store shall have printed or
line 25 displayed on the bag or on a tag, in a manner visible to a
line 26 consumer, and in compliance with Section 42281, the words
line 27 “PLEASE RETURN TO A PARTICIPATING STORE FOR
line 28 RECYCLING.”
line 29 (b) A collection bin shall be placed at each store and shall be
line 30 visible, easily accessible to the consumer, and clearly marked that
line 31 the collection bin is available for the purpose of collecting and
line 32 recycling a polyethylene, polypropylene, or polyethylene
line 33 terephthalate bag.
line 34 (c) All polyethylene, polypropylene, or polyethylene
line 35 terephthalate bags collected by the store pursuant to this section
line 36 shall be collected, transported, and recycled in a manner that does
line 37 not conflict with the local jurisdiction’s source reduction and
line 38 recycling element, pursuant to Chapter 2 (commencing with Section
line 39 41000) and Chapter 3 (commencing with Section 41300) of Part
line 40 2.
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line 1 (d) A retail establishment that elects to comply with this chapter
line 2 pursuant to paragraph (5) of subdivision (g) of Section 42280 shall
line 3 establish an at-store recycling program in accordance with this
line 4 section.
line 5 42284. The department may establish a registration fee to be
line 6 paid by a retail establishment that elects to comply with the
line 7 requirements imposed pursuant to this chapter upon a store
line 8 pursuant to paragraph (5) of subdivision (g) of Section 42280.
line 9 The department shall set the amount of the fee in an amount that
line 10 covers the costs to the department to regulate the fee payer’s
line 11 compliance with this chapter. The department may expend the fees
line 12 pursuant to this section, upon appropriation by the Legislature,
line 13 to carry out that regulatory authority.
line 14
line 15 Article 4. Enforcement
line 16
line 17 42285. (a) Except as provided in Section 42282.2, a city, a
line 18 county, a city and county, or the state may impose civil liability in
line 19 the amount of five hundred dollars ($500) for the first violation of
line 20 this chapter, one thousand dollars ($1,000) for the second
line 21 violation, and two thousand dollars ($2,000) for the third and
line 22 subsequent violations.
line 23 (b) Any civil penalties collected pursuant to subdivision (a)
line 24 shall be paid to the office of the city attorney, city prosecutor,
line 25 district attorney, or Attorney General, whichever office brought
line 26 the action. The penalties collected pursuant to this section by the
line 27 Attorney General may be expended by the Attorney General, upon
line 28 appropriation by the Legislature, to enforce this chapter.
line 29 (c) The remedies provided by this section shall not be exclusive
line 30 and shall be in addition to the remedies that may be available
line 31 pursuant to Chapter 5 (commencing with Section 17200) of Part
line 32 2 of Division 7 of the Business and Professions Code.
line 33
line 34 Article 5. Preemption
line 35
line 36 42287. (a) Except as provided in subdivision (c), this chapter
line 37 is a matter of statewide interest and concern and is applicable
line 38 uniformly throughout the state. Accordingly, this chapter occupies
line 39 the whole field of regulation of reusable grocery bags, single-use
line 40 carryout bags, and recycled paper bags, as defined in this chapter.
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line 1 (b) On and after January 1, 2015, a city, county, or other local
line 2 public agency shall not enforce, or otherwise implement, an
line 3 ordinance, resolution, regulation, or rule adopted on or after
line 4 September 1, 2014, relating to reusable grocery bags, single-use
line 5 carryout bags, or recycled paper bags, against a store, as defined
line 6 in this chapter, unless expressly authorized by this chapter.
line 7 (c) A city, county, or other local public agency that has adopted,
line 8 prior to September 1, 2014, an ordinance, resolution, regulation,
line 9 or rule relating to reusable grocery bags, single-use carryout bags,
line 10 or recycled paper bags may continue to enforce and implement
line 11 that ordinance, resolution, regulation, or rule that was in effect
line 12 before that date. Any amendments to that ordinance, resolution,
line 13 regulation, or rule on or after January 1, 2015, shall be subject
line 14 to subdivision (b), except any city, county, or other local public
line 15 agency may adopt or amend an ordinance, resolution, regulation,
line 16 or rule with regard to the amount that a store shall charge with
line 17 regard to a recycled paper bag, compostable bag, or reusable
line 18 grocery bag.
line 19
line 20 Article 6. Financial Provisions
line 21
line 22 42288. (a) Notwithstanding Section 42023.2, the sum of two
line 23 million dollars ($2,000,000) is hereby appropriated from the
line 24 Recycling Market Development Revolving Loan Subaccount in the
line 25 Integrated Waste Management Account to the department for the
line 26 purposes of providing loans and grants for the creation and
line 27 retention of jobs and economic activity in this state for the
line 28 manufacture and recycling of plastic reusable grocery bags that
line 29 use recycled content, including postconsumer recycled material.
line 30 (b) The department shall expend the funds appropriated
line 31 pursuant to this section to provide loans and grants for both of
line 32 the following:
line 33 (1) Development and conversion of machinery and facilities for
line 34 the manufacture of single-use plastic bags into machinery and
line 35 facilities for the manufacturer of durable reusable grocery bags
line 36 that, at a minimum, meet the requirements of Section 42281.
line 37 (2) Development of equipment for the manufacture of reusable
line 38 grocery bags, that, at a minimum, meet the requirements of Section
line 39 42281.
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SB 270— 15 —
line 1 (c) A recipient of a grant authorized by this section shall agree,
line 2 as a condition of receiving a grant, to retain and retrain existing
line 3 employees for the manufacturing of reusable grocery bags that,
line 4 at a minimum, meet the requirements of Section 42281.
line 5 SECTION 1. Section 106.5 is added to the Labor Code, to
line 6 read:
line 7 106.5. Agencies participating in the Joint Enforcement Strike
line 8 Force, established pursuant to Section 329 of the Unemployment
line 9 Insurance Code, and the Labor Enforcement Task Force,
line 10 established by the department, shall, to the degree feasible,
line 11 coordinate their law enforcement activities and shall exchange
line 12 information to better facilitate their law enforcement activities.
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LEGISLATION COMMITTEE 6.
Meeting Date:02/24/2014
Submitted For: LEGISLATION COMMITTEE,
Department:County Administrator
Referral No.: 2014-04
Referral Name: SB 920 (Galgiani): Planning and Zoning: Flood Protection
Presenter: L. DeLaney Contact: L. DeLaney, 925-335-1097
Referral History:
Water related bills are often referred to Legislation Committee. Supervisor Mitchoff requested
this bill be added to the agenda.
Referral Update:
SB 920:
Author:Galgiani (D)
Title:Planning and Zoning: Flood Protection
Introduced:01/28/2014
Disposition:Pending
Location:Senate Governance and Finance Committee
Summary:
Amends the Planning and Zoning Law that defines adequate progress as meaning
that, among other conditions being met, the total project scope, schedule, and cost of
the completed flood protection system have been developed to meet the appropriate
standard of protection. Revises the definition of adequate progress to include the
critical features of the flood protection system being planned and designed or under
construction and the completion of a levee safety plan.
Status:02/06/2014 To SENATE Committee on GOVERNANCE AND FINANCE.
SB 920, as introduced, Galgiani. Planning and zoning: flood protection. The Planning and Zoning
Law prohibits the legislative body of a city or county within the Sacramento-San Joaquin Valley,
after specified general plan amendments have been made, and corresponding zoning ordinances
adopted, from taking specified actions regarding property located within a flood hazard zone
unless the city or county makes specified findings including, among other requirements, that the
local flood management agency has made adequate progress on the construction of a flood
protection system that will result in a specified level of flood protection in urban or urbanizing
areas or the national Federal Emergency Management Agency standard of flood protection in
nonurbanized areas, as specified.
That law defines adequate progress as meaning that, among other conditions being met, the total
project scope, schedule, and cost of the completed flood protection system have been developed
to meet the appropriate standard of protection and critical features of the flood protection system
are under construction. This bill would revise the definition of adequate progress to include the
critical features of the flood protection system being planned and designed or under construction
and the completion of a levee safety plan for those flood protection systems that are a part of the
State Plan of Flood Control. This bill would also require a local flood management agency's
annual report to the Central Valley Flood Protection Board on the efforts in working toward
completion of the flood protection system to describe the agency's compliance with specified
conditions. By increasing the duties of local officials, this bill would create a state-mandated local
program. The California Constitution requires the state to reimburse local agencies and school
districts for certain costs mandated by the state. Statutory provisions establish procedures for
making that reimbursement. This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state, reimbursement for those costs shall
be made pursuant to these statutory provisions.
San Joaquin County is sponsoring and supporting this bill. Contra Costa County staff is presently
reviewing the bill and will provide a recommendation to the Committee for its consideration at its
February 24, 2014 meeting
Recommendation(s)/Next Step(s):
Comments for consideration from Flood Control District consultant: "The state made a policy
change requiring 200 year level of protection for urban and urbanizing areas within the area of the
Sacramento River/San Joaquin River drainage. Any time a policy change is made, there needs to
be a reasonable period of time during a transition to implement the change. The question here is
what is the appropriate transition period. From a "what's best for society" perspective, it is not
prudent to add homes to an unprotected floodplain. However, according to San Joaquin County's
project financing plan, development fees are needed to pay the local match for a federally or state
funded flood control project. So, there are cities that do not have 200 year level of protection and
will not unless these projects are built. It's a chicken and egg situation because they need
development to pay for the protection, yet the development will be unprotected until the developer
fees are collected.
The problem is that it may be difficult to get federal funding appropriated for a levee
improvement project, and if the state is funding the project, those funds would come from bond
proceeds, which may or may not be available. It takes many years to get federal appropriations for
project, and once the appropriation is made, many more years to get Army Corps of Engineers'
approval. Likewise, it can take many years to work through the state system for state funding.
There is protection in the process, however. In this case, they strengthened the process by
requiring a report to the Central Valley Flood Protection Board each year on the status of their
flood protection system. However, there is no teeth to enforce the policy if the goals and
objectives are not achieved in a reasonable time. For example, if development is approved year
after year with no advancements in a flood protection project, there is no recourse to stop further
development. If the process was strengthened to include some enforcement to stop development
in the future, then there would be protection in the process.
It may not be reasonable to put together a flood protection project in the San Joaquin Valley
It may not be reasonable to put together a flood protection project in the San Joaquin Valley
without more time and funding flexibility. A framework that allows additional time and funding
flexibility is reasonable but probably should have some enforcement authority to contain the
situation if things do not work out."
Attachments
SB 920 Bill Text
SENATE BILL No. 920
Introduced by Senators Galgiani and Cannella
(Principal coauthors: Assembly Members Eggman and Olsen)
January 28, 2014
An act to amend Section 65007 of the Government Code, relating to
land use.
legislative counsel’s digest
SB 920, as introduced, Galgiani. Planning and zoning: flood
protection.
The Planning and Zoning Law prohibits the legislative body of a city
or county within the Sacramento-San Joaquin Valley, after specified
general plan amendments have been made, and corresponding zoning
ordinances adopted, from taking specified actions regarding property
located within a flood hazard zone unless the city or county makes
specified findings including, among other requirements, that the local
flood management agency has made adequate progress on the
construction of a flood protection system that will result in a specified
level of flood protection in urban or urbanizing areas or the national
Federal Emergency Management Agency standard of flood protection
in nonurbanized areas, as specified. That law defines adequate progress
as meaning that, among other conditions being met, the total project
scope, schedule, and cost of the completed flood protection system have
been developed to meet the appropriate standard of protection and
critical features of the flood protection system are under construction.
This bill would revise the definition of adequate progress to include
the critical features of the flood protection system being planned and
designed or under construction and the completion of a levee safety
plan for those flood protection systems that are a part of the State Plan
of Flood Control.
99
This bill would also require a local flood management agency’s annual
report to the Central Valley Flood Protection Board on the efforts in
working toward completion of the flood protection system to describe
the agency’s compliance with specified conditions. By increasing the
duties of local officials, this bill would create a state-mandated local
program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the state.
Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these statutory
provisions.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
The people of the State of California do enact as follows:
line 1 SECTION 1. Section 65007 of the Government Code is
line 2 amended to read:
line 3 65007. As used in this title, the following terms have the
line 4 following meanings, unless the context requires otherwise:
line 5 (a) “Adequate progress” means all of the following:
line 6 (1) The total project scope, schedule, and cost of the completed
line 7 flood protection system have been developed to meet the
line 8 appropriate standard of protection.
line 9 (2) (A) Revenues that are sufficient to fund each year of the
line 10 project schedule developed in paragraph (1) have been identified
line 11 and, in any given year and consistent with that schedule, at least
line 12 90 percent of the revenues scheduled to be received by that year
line 13 have been appropriated and are currently being expended.
line 14 (B) Notwithstanding subparagraph (A), for any year in which
line 15 state funding is not appropriated consistent with an agreement
line 16 between a state agency and a local flood management agency, the
line 17 Central Valley Flood Protection Board may find that the local
line 18 flood management agency is making adequate progress in working
line 19 toward the completion of the flood protection system.
line 20 (3) Critical features of the flood protection system are either
line 21 being planned and designed or are under construction, and each
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— 2 —SB 920
line 1 critical feature is progressing as indicated by the actual expenditure
line 2 of the construction budget funds.
line 3 (4) The city or county has not been responsible for a significant
line 4 delay in the completion of the system.
line 5 (5) A levee safety plan has been completed pursuant to Section
line 6 9650 of the Water Code for any portion of the flood protection
line 7 system that is part of the State Plan of Flood Control.
line 8 (5)
line 9 (6) The local flood management agency shall provide the
line 10 Department of Water Resources and the Central Valley Flood
line 11 Protection Board with the information specified in this subdivision
line 12 sufficient to determine substantial completion of the required flood
line 13 protection. The local flood management agency shall annually
line 14 report to the Central Valley Flood Protection Board on the efforts
line 15 in working toward completion of the flood protection system. This
line 16 report shall describe the agency’s compliance with paragraphs
line 17 (1) to (5), inclusive.
line 18 (b) “Central Valley Flood Protection Plan” has the same
line 19 meaning as that set forth in Section 9612 of the Water Code.
line 20 (c) “Developed area” has the same meaning as that set forth in
line 21 Section 59.1 of Title 44 of the Code of Federal Regulations.
line 22 (d) “Flood hazard zone” means an area subject to flooding that
line 23 is delineated as either a special hazard area or an area of moderate
line 24 hazard on an official flood insurance rate map issued by the Federal
line 25 Emergency Management Agency. The identification of flood
line 26 hazard zones does not imply that areas outside the flood hazard
line 27 zones, or uses permitted within flood hazard zones, will be free
line 28 from flooding or flood damage.
line 29 (e) “National Federal Emergency Management Agency standard
line 30 of flood protection” means the level of flood protection that is
line 31 necessary to withstand flooding that has a 1-in-100 chance of
line 32 occurring in any given year using criteria developed by the Federal
line 33 Emergency Management Agency for application in the National
line 34 Flood Insurance Program.
line 35 (f) “Nonurbanized area” means a developed area or an area
line 36 outside a developed area in which there are fewer than 10,000
line 37 residents that is not an urbanizing area.
line 38 (g) “Project levee” means any levee that is part of the facilities
line 39 of the State Plan of Flood Control.
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SB 920— 3 —
line 1 (h) “Sacramento-San Joaquin Valley” means lands in the bed
line 2 or along or near the banks of the Sacramento River or San Joaquin
line 3 River, or their tributaries or connected therewith, or upon any land
line 4 adjacent thereto, or within the overflow basins thereof, or upon
line 5 land susceptible to overflow therefrom. The Sacramento-San
line 6 Joaquin Valley does not include lands lying within the Tulare Lake
line 7 basin, including the Kings River.
line 8 (i) “State Plan of Flood Control” has the same meaning as that
line 9 set forth in subdivision (j) of Section 5096.805 of the Public
line 10 Resources Code.
line 11 (j) “Tulare Lake basin” means the Tulare Lake Hydrologic
line 12 Region as defined in the California Water Plan Update 2009,
line 13 prepared by the Department of Water Resources pursuant to
line 14 Chapter 1 (commencing with Section 10004) of Part 1.5 of Division
line 15 6 of the Water Code.
line 16 (k) “Undetermined risk area” means an urban or urbanizing area
line 17 within a moderate flood hazard zone, as delineated on an official
line 18 flood insurance rate map issued by the Federal Emergency
line 19 Management Agency, which has not been determined to have an
line 20 urban level of protection.
line 21 (l) “Urban area” means a developed area in which there are
line 22 10,000 residents or more.
line 23 (m) “Urbanizing area” means a developed area or an area outside
line 24 a developed area that is planned or anticipated to have 10,000
line 25 residents or more within the next 10 years.
line 26 (n) “Urban level of flood protection” means the level of
line 27 protection that is necessary to withstand flooding that has a
line 28 1-in-200 chance of occurring in any given year using criteria
line 29 consistent with, or developed by, the Department of Water
line 30 Resources. “Urban level of flood protection” shall not mean
line 31 shallow flooding or flooding from local drainage that meets the
line 32 criteria of the national Federal Emergency Management Agency
line 33 standard of flood protection.
line 34 SEC. 2. If the Commission on State Mandates determines that
line 35 this act contains costs mandated by the state, reimbursement to
line 36 local agencies and school districts for those costs shall be made
line 37 pursuant to Part 7 (commencing with Section 17500) of Division
line 38 4 of Title 2 of the Government Code.
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99
— 4 —SB 920
LEGISLATION COMMITTEE 7.
Meeting Date:02/24/2014
Submitted For: LEGISLATION COMMITTEE,
Department:County Administrator
Referral No.: 2014-05
Referral Name: Prop. 41, the Veterans’ Housing and Homelessness Prevention Bond Act of
2014
Presenter: L. DeLaney Contact: L. DeLaney, 925-335-1097
Referral History:
N/A
Referral Update:
Proposition 41, the Veterans’ Housing and Homelessness Prevention Bond Act of 2014 (VHHPA)
is set to appear on the June 3 statewide ballot. CSAC worked closely with Assembly Speaker John
A. Pérez’s office to support the passage of legislation that would place the Act on the ballot
(Assembly Bill 639, Chapter No. 727, Statutes of 2013).
The Veterans’ Bond Act was approved by voters in 2008 to provide a $900 million general
obligation bond intended to aid veterans in purchasing single family homes, farms and mobile
homes through the CalVet Farm and Home Loan Program. Since its passage, most of the bond
funds remain unspent and the need of veterans for multifamily housing and supportive housing
has substantially increased. AB 639 amended the Veterans’ Bond Act of 2008 to reduce the
amount of bonds that are authorized to be issued under that Act from $900 million to $300
million and enacted the Veterans Housing and Homeless Prevention Bond Act of 2014 to
authorize the issuance of bonds in the amount of $600 million for expenditure by the California
Housing Finance Agency, the Department of Housing and Community Development, and the
Department of Veterans Affairs to provide multifamily housing to veterans pursuant to VHHPA.
CSAC supported AB 639 and, accordingly, will recommend at its February 20 meeting that the
CSAC Board of Directors support Proposition 41. California is home to more veterans than any
other state; counties, through county veteran service officers, public health departments and
housing departments are dedicated to identifying the various needs of veterans in our
communities. Proposition 41, in restructuring $600 million of the existing Bond Act funding to
provide veterans with multifamily and supportive housing, could assist counties in better
responding to the habitation and health needs of California’s veterans.
ANALYSIS: Since 1921, CalVet has administered the California Veteran Farm and Home
Purchase Program, often referred to as the CalVet Home Loan Program. The Program provides
Purchase Program, often referred to as the CalVet Home Loan Program. The Program provides
loans to veterans for the purchase of single-family residences, farms, units in cooperative
developments, and mobilehomes.
The Program receives funding from the issuance of GO bonds that voters have approved,
including Proposition 32 of 2000 which authorized $500 million in bonds and Proposition 12 in
2008 which authorized $900 million in bonds. While these are GO bonds, the state's General Fund
has never contributed to repaying the bonds as CalVet repays the bonds with the mortgage
payments its borrowers make. In practice, therefore, these bonds are like revenue bonds. To date,
CalVet has about $230 million in bonding authority left under Proposition 32 and has not issued
any of the bonds approved under Proposition 12.
AB 639, subject to voter approval on the June 3, 2014 ballot, reduces the Proposition 12 bonding
authority for the Program from $900 million to $300 million and authorizes issuance of $600
million in GO bonds for the acquisition, construction, rehabilitation, and preservation of
affordable multifamily supportive housing, affordable multifamily transitional housing,
affordable rental housing, or related facilities for veterans and their families to allow veterans to
access and maintain housing stability.
SUPPORT: California Association of Veteran Services Agencies (co-source) Corporation for
Supportive Housing (co-source) Attorney General Kamala Harris State Treasurer Bill Lockyer
Administrators Association of California Affirmed Housing Group American Federation of State,
County, and Municipal Employees American Legion - Department of California AMVETS -
Department of California Association for Los Angeles Deputy Sheriffs Association of California
Health Care Districts Burbank Housing Development Corporation Butte County Board of
Supervisors California Association of Counties California Association of Food Banks California
Building Industry Association California Conference of Carpenters California Housing
Consortium California Judges Association California Labor Federation California Medical
Association California Nurses Association California Professional Firefighters California Rural
Legal Assistance Foundation California Special Districts Association California Special Districts
Association California State Association of Counties California State Council of Service
Employees California State Sheriff's Association Century Housing Cities of Azusa, Burbank, Los
Angeles, Rancho Murrieta, Oakland, Sacramento, San Jose and Whittier City and County of San
Francisco Counties of Butte, Del Norte, Los Angeles, San Bernardino, and Santa Clara County
Alcohol and Drug Program Housing California JP Morgan Chase League of California Cities Los
Angeles Area Chamber of Commerce Los Angeles Business Leaders Task Force Los Angeles
County Board of Supervisors Los Angeles County Probation Officers Union Los Angeles County
Sheriff's Department Los Angeles Homeless Services Authority Los Angeles Police Protective
League Los Angeles Regional Reentry Partnership New Directions, Inc. Riverside Sheriff's
Association Salvation Army Haven San Diego Gas and Electric San Diego Housing Commission
San Diego Housing Federation Southern California Gas Company St. Anthony Foundation State
Building and Construction Trades Council of California Swords to Plowshares U.S. VETS United
Native Housing Development Corporation United Way of Greater Los Angeles Urban Counties
Native Housing Development Corporation United Way of Greater Los Angeles Urban Counties
Caucus Veterans of Foreign Wars - Department of California Veterans Village of San Diego
Vietnam Veterans of America - California State Council Western Center on Law and Poverty ARGUMENTS IN SUPPORT: According to the author, CalVet has roughly $1.1 billion in remaining bond authority for its Program and is doing little new business while a growing body of research indicates an overwhelming and unmet need for affordable, supportive, multifamily housing for veterans. California leads the nation in the number of homeless veterans and is home to one quarter of all the nation's homeless veterans. This bill will restructure Proposition 12, the CalVet bond of 2008, to allow for the development of multifamily housing for veterans, with a priority for projects that align housing with services. At the same time, the bill preserves over $500 million in Proposition 32 and Proposition 12 bonding authority for the Program to meet future needs. Ultimately, the bill will reduce the number or homeless veterans and contribute to a comprehensive, coordinated, and cost-effective approach to respond to the full spectrum of housing and service needs of our veterans.
ARGUMENTS IN SUPPORT: According to the author, CalVet has roughly $1.1 billion in
remaining bond authority for its Program and is doing little new business while a growing body of
research indicates an overwhelming and unmet need for affordable, supportive, multifamily
housing for veterans. California leads the nation in the number of homeless veterans and is home
to one quarter of all the nation's homeless veterans. This bill will restructure Proposition 12, the
CalVet bond of 2008, to allow for the development of multifamily housing for veterans, with a
priority for projects that align housing with services. At the same time, the bill preserves over
$500 million in Proposition 32 and Proposition 12 bonding authority for the Program to meet
future needs. Ultimately, the bill will reduce the number or homeless veterans and contribute to a
comprehensive, coordinated, and cost-effective approach to respond to the full spectrum of
housing and service needs of our veterans.
Recommendation(s)/Next Step(s):
Attachments
AB 639
LEGISLATION COMMITTEE 8.
Meeting Date:02/24/2014
Submitted For: LEGISLATION COMMITTEE,
Department:County Administrator
Referral No.: 2014-06
Referral Name: Status Report on State Bills of Interest to Contra Costa County
Presenter: L. DeLaney Contact: L. DeLaney, 925-335-1097
Referral History:
A Status Report on state bills of interest to the County is frequently presented to the Legislation
Committee for their consideration.
Referral Update:
State bills of interest to the County are identified on the attached report.
Recommendation(s)/Next Step(s):
The Legislation Committee may wish to consider recommending a position to the Board of
Supervisors on any of these bills, or may request that staff provide additional information about a
bill prior to taking action.
Attachments
Status Report on State Bills
Master List 2014
CA AB 1594 AUTHOR: Williams [D]
TITLE: Solid Waste: Recycling: Diversion: Green Material
INTRODUCED: 02/03/2014
DISPOSITION: Pending
LOCATION: Assembly Natural Resources Committee
SUMMARY:
Authorizes the Department of Resources Recycling and Recovery, if the department makes a
specified determination, to adopt regulations to provide that the use of green material as
alternative daily cover or alternative intermediate cover does not constitute diversion through
recycling and would be considered disposal for purposes of the Integrated Waste
Management Act of 1989.
STATUS:
02/14/2014 To ASSEMBLY Committee on NATURAL RESOURCES.
Commentary:
Deidra reviewing
CA AB 1653 AUTHOR: Garcia [D]
TITLE: CalWORKs: Victims of Domestic Violence
INTRODUCED: 02/11/2014
DISPOSITION: Pending
LOCATION: ASSEMBLY
SUMMARY:
Requires the State Department of Social Services to establish a standard, statewide notice and
process to ensure that applicants for, or recipients of, CalWORKs aid who are past or present
victims of domestic violence are not placed at further risk or unfairly penalized by program
requirements, rules, or procedures. Requires a county to waive certain program requirements
that make it more difficult for a victim to escape domestic violence, or unfairly penalize the
victim or family.
STATUS:
02/11/2014 INTRODUCED.
CA SB 270 AUTHOR: Padilla [D]
TITLE: Solid Waste: Single-Use Carryout Bags
FISCAL
COMMITTEE:
yes
URGENCY
CLAUSE:
no
INTRODUCED: 02/14/2013
LAST AMEND: 02/06/2014
DISPOSITION: Pending
LOCATION: Assembly Rules Committee
SUMMARY:
Prohibits specified stores from providing a single-use carryout bag to a customer. Requires
such stores to meet other requirements regarding providing recycled paper bags and
compostable bags. Imposes these prohibitions and requirements on convenience food stores,
foodmarts, and certain other specified stores. Requires bags sold or provided to a store by a
reusable grocery bag producer to meet specified requirements, and bag producers to provide
certification. Authorizes local civil penalties.
STATUS:
02/10/2014 Withdrawn from ASSEMBLY Committee on LABOR AND
EMPLOYMENT.
02/10/2014 Re-referred to ASSEMBLY Committee on RULES.
Position: Support
CA SB 673 AUTHOR: DeSaulnier [D]
TITLE: Employees' Retirement: Contra Costa County
FISCAL
COMMITTEE:
yes
URGENCY
CLAUSE:
no
INTRODUCED: 02/22/2013
LAST AMEND: 01/23/2014
DISPOSITION: Pending
LOCATION: ASSEMBLY
SUMMARY:
Makes the Contra Costa County retirement system for purposes of the County Employees
Retirement System. Authorizes the board of retirement to appoint an administrator and
personnel as required to accomplish the work of the board. Authorizes the administrator to
make appointments on its behalf. Provides these employees are employees of the retirement
system and not the county. Exempts such employees from civil service provisions and merit
system rules. Makes the board a public agency for certain purposes.
STATUS:
01/28/2014 In SENATE. Read third time. Passed SENATE. *****To
ASSEMBLY. (34-0)
Commentary:
SUMMARY
SB 673 is a district bill to designate the Contra Costa County Employee Retirement
Association (CCCERA) as the statutory employer for all purposes of staff serving at the
CCCERA.
BACKGROUND
Currently, the staff serving at the CCCERA is employed by the county, as provided in
Government Code section 31522.1. Since the passage in 1996 of Article XVI, section 17 of
the State Constitution, which gives retirement boards plenary authority to administer
retirement systems, there have been several issues regarding the county's and CCCERA's
respective rights and responsibilities for these employees. This matter first arose as to the
ability to establish retirement benefits for these employees. The parties litigated this issue
which was resolved by the appellate decision, Corcoran v. Contra Costa County Employees
Retirement Association(1997) 60 Cal.App.4th 89. The Corcoran decision established that
CCCERA sets retirement benefits for staff serving at CCCERA. A subsequent appellate
decision, Westley v. Cal. Pub. Employees Retirement System(2003) 105 Cal.App.4th 1095,
held that Article XVI, Section 17 did not give CalPERS authority to determine staff
compensation.
Against this legal backdrop, administrative issues continued to arise concerning terms and
conditions of employment for the staff serving at CCCERA. In 2011, CCCERA filed a legal
action to clarify the parties' respective roles and responsibilities for the staff. This case was
resolved in 2013 through a court-approved settlement providing that the staff would be
employed by the CCCERA directly instead of employed by the county and that the parties
would jointly seek the legislation necessary to implement this transition.
THIS BILL
SB 673 designates the CCCERA as the statutory employer for staff serving at the CCCERA.
SB 673 maintains existing terms and conditions of employment for represented employees
during the transition period. The County and the CCCERA jointly seek passage of this bill.
Position: Support
Priority: High
Sponsored: County Sponsored
CA SB 674 AUTHOR: Corbett [D]
TITLE: CEQA: Exemption: Residential Infill Projects
FISCAL
COMMITTEE:
yes
URGENCY
CLAUSE:
no
INTRODUCED: 02/22/2013
LAST AMEND: 01/06/2014
DISPOSITION: Pending
LOCATION: ASSEMBLY
SUMMARY:
Relates to California Environmental Quality Act exemptions for residential infill projects;
exempts as residential a use consisting of residential units and primary neighborhood-serving
goods, services, and retail uses that do not exceed a specified percentage of the total building
square footage of the project.
STATUS:
01/23/2014 In SENATE. Read third time. Passed SENATE. *****To
ASSEMBLY. (33-0)
Commentary:
Consistent with State Platform policy #105
Position: Support
CA SB 803 AUTHOR: DeSaulnier [D]
TITLE: Counties: Consolidation of Offices
FISCAL
COMMITTEE:
yes
URGENCY
CLAUSE:
no
INTRODUCED: 02/22/2013
LAST AMEND: 01/06/2014
DISPOSITION: Pending
LOCATION: ASSEMBLY
SUMMARY:
Authorizes Contra Costa County to, by ordinance, appoint the public administrator to the
board of supervisors, appoint the same person to the office of the public administrator and
public guardian, and separate the consolidated offices of district attorney and public
administrator.
STATUS:
01/21/2014 In SENATE. Read third time. Passed SENATE. *****To
ASSEMBLY. (31-1)
Sponsored: County Sponsored
CA SB 837 AUTHOR: Steinberg [D]
TITLE: Schools: Transitional Kindergarten
FISCAL
COMMITTEE:
yes
URGENCY
CLAUSE:
no
INTRODUCED: 01/06/2014
DISPOSITION: Pending
LOCATION: Senate Education Committee
SUMMARY:
Creates the Kindergarten Readiness Act of 2014. Requires each school district or charter
school that offers kindergarten to offer transitional kindergarten. Requires a child that meets
specified minimum age requirements to be admitted. Authorizes the average daily attendance
of a school district to include the average daily attendance of pupils enrolled. Specifies
teacher requirements. Requires informing the public of such kindergarten programs.
Authorizes contracting with private local providers.
STATUS:
01/23/2014 To SENATE Committee on EDUCATION.
Position: Support
CA SB 942 AUTHOR: Vidak [R]
TITLE: Special Elections
FISCAL
COMMITTEE:
yes
URGENCY
CLAUSE:
yes
INTRODUCED: 02/04/2014
DISPOSITION: Pending
LOCATION: SENATE
SUMMARY:
Provides that expenses authorized and necessarily incurred on or after and before specified
dates for elections proclaimed by the Governor to fill a vacancy in the office of Senator or
Member of the Assembly, or to fill a vacancy in the office of United States Senator or
Member of the United States House of Representatives, shall be paid by the state.
STATUS:
02/04/2014 INTRODUCED.
Position: Support
CA SB 963 AUTHOR: Torres [D]
TITLE: Elections: Payment of Expenses
INTRODUCED: 02/06/2014
DISPOSITION: Pending
LOCATION: SENATE
SUMMARY:
Provides that expenses authorized and necessarily incurred for elections proclaimed by the
Governor to fill a vacancy in the office of Senator or Member of the Assembly, or to fill a
vacancy in the office of United States Senator or Member of the United States House of
Representatives, shall be paid by the state. Requires the state to pay only those additional
expenses directly related to an election.
STATUS:
02/06/2014 INTRODUCED.
Position: Support
CA SB 1014 AUTHOR: Jackson [D]
TITLE: Pharmaceutical Waste: Home-Generated
INTRODUCED: 02/13/2014
DISPOSITION: Pending
LOCATION: SENATE
SUMMARY:
Enacts the Home-Generated Pharmaceutical Waste Collection Disposal Act. Requires a
producer of covered pharmaceuticals to submit to the Department of Resources Recycling
and Recovery a product stewardship plan. Authorizes producers to submit a plan or designate
a stewardship organization to act as an agent on behalf of the producers to submit a plan.
Requires the plan to contain elements with regard to the collection and disposal of
home-generated pharmaceutical waste. Authorizes violation penalties.
STATUS:
02/13/2014 INTRODUCED.
Position: Support. Sending letter; consistent with Platform.
Water Bills 2014
CA AB 1331
AUTHOR:
Rendon [D]
TITLE: Climate Change Response for Clean and Safe Water
FISCAL
COMMITTEE:
yes
URGENCY
CLAUSE:
no
INTRODUCED: 02/22/2013
LAST AMEND: 01/07/2014
DISPOSITION: Pending
LOCATION: Senate Natural Resources and Water Committee
SUMMARY:
Repeals the Safe, Clean, and Reliable Drinking Water Supply Act of 2012; Enacts the Clean
and Safe Drinking Water Act of 2014, which, if adopted by the voters, would authorize the
issuance of bonds in a specified amount pursuant to the State General Obligation Bond Law
to finance a clean and safe drinking water program.
STATUS:
01/07/2014 From SENATE Committee on NATURAL RESOURCES AND
WATER with author's amendments.
01/07/2014 In SENATE. Read second time and amended. Re-referred to
Committee on NATURAL RESOURCES AND WATER.
Position: Watch
CA AB 1671 AUTHOR: Frazier [D]
TITLE: Sacramento-San Joaquin Delta:Water Conveyance System
INTRODUCED: 02/12/2014
DISPOSITION: Pending
LOCATION: ASSEMBLY
SUMMARY:
Prohibits the Department of Water Resources from constructing water facilities as part of a
specified water conveyance system unless specifically authorized by the Legislature.
STATUS:
02/12/2014 INTRODUCED.
Position: Support
CA SB 848 AUTHOR: Wolk [D]
TITLE: Safe Drinking Water, Water Quality, and Water Supply
INTRODUCED: 01/09/2014
LAST AMEND: 02/12/2014
DISPOSITION: Pending
COMMITTEE: Senate Environmental Quality Committee
HEARING: 02/19/2014 9:30 am
SUMMARY:
Repeals the provisions of existing law that created the Safe, Clean, and Reliable Drinking
Water Supply Act of 2012. Enacts the Safe Drinking Water, Water Quality, and Flood
Protection Act of 2014 which would authorize the issuance of bonds pursuant to the State
General Obligation Bond Law to finance a safe drinking water, water quality, and water
supply program.
STATUS:
02/19/2014 From SENATE Committee on ENVIRONMENTAL QUALITY: Do
pass as amended to Committee on GOVERNANCE AND FINANCE.
Position: Support
CA SB 920 AUTHOR: Galgiani [D]
TITLE: Planning and Zoning: Flood Protection
INTRODUCED: 01/28/2014
DISPOSITION: Pending
LOCATION: Senate Governance and Finance Committee
SUMMARY:
Amends the Planning and Zoning Law that defines adequate progress as meaning that, among
other conditions being met, the total project scope, schedule, and cost of the completed flood
protection system have been developed to meet the appropriate standard of protection.
Revises the definition of adequate progress to include the critical features of the flood
protection system being planned and designed or under construction and the completion of a
levee safety plan.
STATUS:
02/06/2014 To SENATE Committee on GOVERNANCE AND FINANCE.
Commentary:
San Joaquin County supports; staff is reviewing
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LEGISLATION COMMITTEE 9.
Meeting Date:02/24/2014
Submitted For: LEGISLATION COMMITTEE,
Department:County Administrator
Referral No.: 2014-07
Referral Name: Update on Federal Affairs
Presenter: L. DeLaney Contact: L. DeLaney, 925-335-1097
Referral History:
Update on federal affairs are a regular feature of the Legislation Committee agenda.
Referral Update:
With the California drought front and center of statewide concerns, President Obama traveled to
the Central Valley last week to see first-hand the effects of the state's drought. During the visit,
the President announced some much-needed federal aid for farmers, ranchers and farm workers.
The President made the trip aboard Air Force One with Senators Feinstein and Boxer, as well as
Representative Costa. President Obama also was joined by U.S. Department of Agriculture
(USDA) Secretary Tom Vilsack.
During a stop in Fresno, the President and Secretary Vilsack announced that USDA will make
implementation of the 2014 Farm Bill livestock disaster assistance programs a top priority.
The agency's disaster assistance programs, which are designed to help farmers and ranchers cope
with dead livestock, tree loss, and animal feed costs, would ordinarily take six-to-eight months to
establish. According to USDA, the programs will be available for California farmers and ranchers
in 60 days. California alone could potentially receive up to $100 million for 2014 losses, and up to
$50 million for previous years.
USDA has declared 54 counties in California as primary natural disaster areas due to the drought.
Additional USDA resources announced for California and other drought-stricken states include:
$5 million in additional conservation assistance for the most extreme drought areas in
California. ($10 million will be available for drought-impacted areas in five other Western
states.) The funding will be provided through the USDA's Environmental Quality Incentives
Program (EQIP) and will assist farmers and ranchers in implementing conservation practices
that conserve scarce water resources, reduce wind erosion on drought-impacted fields, and
improve livestock access to water.
$5 million in targeted Emergency Watershed Protection (EWP) Program assistance to the
state's most drought impacted areas. EWP helps communities address watershed
impairments due to drought and other natural occurrences. The funding will help
impairments due to drought and other natural occurrences. The funding will help
drought-ravaged communities and private landowners address watershed impairments, such
as stabilizing stream banks and replanting upland sites stripped of vegetation.
$60 million for California food banks to help families that may be economically impacted
by the drought.
600 summer meal sites to be established in various California communities impacted by the
drought.
$3 million in Emergency Water Assistance Grants for rural communities experiencing water
shortages. The grants are designed to help rural communities that are experiencing a
significant decline in the quality or quantity of drinking water; grant funds also are available
to communities to help maintain water sources of sufficient quantity and quality.
In other developments last week, Senator Dianne Feinstein (D-CA) and Representative Jim Costa
(D-CA) introduced companion legislation designed to assist the state of California as it continues
to suffer the effects of severe drought. Senator Barbara Boxer (D-CA) - along with Oregon's two
Democratic senators - are original cosponsors of the Feinstein bill (S 2016); California
Democratic Representatives Sam Farr and Tony Cardenas have signed on to the House measure
(HR 4039).
The legislation - entitled the California Emergency Drought Relief Act of 2014 - would boost
water supplies to the Central Valley by providing federal agencies with additional operational
flexibility. Under the bills, federal actions aimed at maximizing water exports from the Delta
would need to be consistent with federal and state environmental laws and regulations. In addition
to provisions that would increase water supplies for drought-stricken areas, the legislation would
amend the Stafford Act to clarify that droughts can be declared a major disaster. The bills also
would provide $300 million in emergency funds for a range of projects that would maximize
water supplies for farmers, consumers, and municipalities. A portion of funding under the bill
would be targeted for additional economic assistance to farmers. It should be noted that
introduction of the Feinstein/Costa legislation comes on the heels of House action on a
Republican-sponsored drought package (HR 3964). The bill, which passed the lower chamber on
a near-party line vote, would make changes to the Central Valley Project Improvement Act and
repeal the San Joaquin River restoration program in an effort to boost water deliveries to the
Central Valley. HR 3964 also would limit enforcement or consideration of environmental
regulations under the National Environmental Policy Act and the Endangered Species Act. Back
in Washington D.C. on other matters, with a snowstorm set to hit the Washington capital area,
lawmakers scrambled to clear legislation (S 540) that would suspend the nation's borrowing
authority and hike the debt ceiling. Although the previous debt limit extension technically expired
on February 7, the Treasury Department has used so-called "extraordinary measures” to
temporarily stave off the need for another increase. According to Treasury Secretary Jack Lew,
those measures will be exhausted by February 27, 2014.
Given the impending deadline - and with both chambers of Congress scheduled to be in recess the
week of February 17 - congressional leaders agreed to move the debt-limit bill to the top of the
legislative priority list. Incidentally, House GOP leaders agreed to shelve their attempt to extract
certain concessions from their Democratic colleagues as part of the debt-ceiling legislation.
Although Republicans had announced plans to attach several policy riders to the measure,
including a provision on military pensions and another that would address Medicare payments to
doctors, it quickly became apparent that there was not sufficient support for such an approach. In
the end, Speaker John Boehner (R-OH) brought forward a "clean" debt limit increase that will
suspend the nation's borrowing authority until March 15, 2015. The bill, which cleared the House
with the support of only 28 Republicans, subsequently passed the Senate on a 55-43 vote.
President Barack Obama is expected to quickly sign the legislation into law. Transportation
Reauthorization The Senate Environment and Public Works (EPW) Committee held a hearing
on February 12 entitled "MAP-21 Reauthorization: The Economic Importance of Maintaining
Federal Investments in our Transportation Infrastructure." The panel heard testimony from
representatives of several national organizations, including the U.S. Chamber of Commerce and
the National Association of Manufacturers. For her part, the chairwoman of the EPW Committee,
Senator Boxer, indicated her intention to mark up a five or six-year transportation reauthorization
bill in April. The most difficult challenge facing Senator Boxer and other transportation
authorizers will be identifying a new, sustainable source of revenue to finance future highway and
transit investment. According to new numbers released by the Congressional Budget Office
(CBO), a six-year surface transportation bill would require $100 billion in additional revenue just
to maintain current transportation spending levels. In the near term, CBO projects that the
Highway Trust Fund (HTF) - which is supported by revenues from the federal gasoline tax - will
run out of money starting in fiscal year 2015. CBO also has indicated that the HTF could run out
of funding before the September 30 expiration of MAP-21.
Recommendation(s)/Next Step(s):
ACCEPT the report and request additional information, as needed.
Attachments
No file(s) attached.
LEGISLATION COMMITTEE 10.
Meeting Date:02/24/2014
Submitted For: LEGISLATION COMMITTEE,
Department:County Administrator
Referral No.: 2014-07
Referral Name: CSAC Draft Advocacy Priorities for 2014
Presenter: L. DeLaney Contact: L. DeLaney, 925-335-1097
Referral History:
N/A
Referral Update:
CSAC's Draft Advocacy Priorities for 2014 are presented as information/discussion only. These
priorities will be acted on by the CSAC Board of Directors at their Feb. 20, 2014 meeting.
Recommendation(s)/Next Step(s):
This item is presented for information/discussion only.
Attachments
Draft Priorities 2014