ITEM:		ACTION ITEM
18.	CONSIDER ADOPTION OF DISTRICT POSITION ON PENDING STATE LEGISLATION FOR 2024-25
Meeting Date:			May 20, 2024	Budgeted:	No
From:			David J. Stoldt	Program/	N/A
			General Manager	Line Item:	N/A
Prepared By:			David J. Stoldt	Cost Estimate:	N/A
General Counsel Review: N/A
Committee Recommendation: The Legislative Advocacy Committee met on April 24, 2024 and provided general direction to support the positions provided below.
CEQA Compliance: This action does not constitute a project as defined by the California Environmental Quality Act Guidelines section 15378.

SUMMARY: The Legislative Advocacy Committee met on April 24, 2024 to discuss State and Federal legislation that is being tracked by the District. With respect to several State bills, the District has interest in a few bills in particular due to subject matter or sponsoring legislator. The following bills are highlighted for the Board and a particular position is recommended to be adopted by the Board, so that staff may file a letter of support or opposition at the appropriate times. All other bills being tracked are simply recommended as “Follow.”

Aside from holdover (2-year bills), there were over 2600 new introductions this year. The following are some of the new bills that we would like to highlight and consider positions:

• AB 2257 (Wilson) - AB 2257 would authorize public agencies to adopt procedures for the submittal and consideration of public comments regarding proposed water or sewer rates or assessments. If an agency elects to adopt exhaustion procedures, a person would be required to timely submit written comments that specify the grounds for alleging that the fees do not comply with Proposition 218 in order to challenge the fees in court. AB 2257 would place new obligations on public agencies during the ratemaking process, by requiring agencies to provide written responses to all comments received before acting on the proposed fees. AB 2257 would also detail documents that would comprise the administrative record in the event of litigation.

AB 2257 would build upon Proposition 218’s existing procedural requirements by creating a clear and robust mechanism for customers to raise questions, concerns, comments, and criticisms of a proposed rate structure. The agency’s governing body would have the benefit of hearing the evidence, which would include objections and the agency’s responses, and apply its reasoned discretion and expertise. This is especially valuable in ratemaking cases in which evidence and policies are highly technical. The process would serve to foster better-informed administrative decisions, which benefit the objector, the public agency, and ratepayers that the agency serves. It would also help agencies develop more defensible rates and build rapport and trust with their ratepayers.

**ACWA Sponsored

Recommended District Position: Support

• AB 2302 (Addis) - This bill revises and recasts the number of meetings that a member of a legislative body may attend remotely under the provisions of AB 2449. Rather than specifying a percentage of meetings per year, this bill limits the number of meetings as follows:

a)      Two meetings per year, if the legislative body regularly meets once per month or less.

b)     Five meetings per year, if the legislative body regularly meets twice per month.

c)      Seven meetings per year, if the legislative body regularly meets three or more times per month.

This bill also defines a “meeting” under the provisions of AB 2449 as any number of meetings that begin on the same calendar day.

**City of Pismo Beach is the Sponsor. ACWA and CMUA in support.

Recommended District Position: Support

• AB 2561 (McKinnor) - Would require each public agency with bargaining unit vacancy rates exceeding 10% for more than 90 days within the past 180 days to meet and confer with a representative of the recognized employee organization to produce, publish, and implement a plan consisting of specified components to fill all vacant positions within the subsequent 180 days. The bill would require the public agency to present this plan during a public hearing to the governing legislative body and to publish the plan on its internet website for public review for at least one year.

** Labor vs. Counties and CMUA

Recommended District Position: Oppose

• SB 1188 (Laird) - SB 1188 would require the State Water Board to develop and adopt minimum standards of TMF capacity for small water systems with less than 10,000 connections. Small water systems would be required to demonstrate compliance with the TMF standards within two years of adoption. Further, the bill would prohibit the state from providing funding to a small PWS if minimum standards are not met. The bill grants exceptions for: an urgent need to ensure the supply of safe drinking water; the public system develops a plan, with Water Board approval, to come into compliance with the minimum standards; or a consolidation proceeding is initiated with another public water system that has sufficient TMF capacity.

**CMUA Opposed

Recommended District Position: None

· SB 1210 (Skinner) – This bill would require utilities to post the following information for new housing construction on their websites:

ü Amount of any charge issued for a connection, capacity charge, or other point of connection charge by housing unit’s address; and

ü The schedule of fees for a service connection, capacity charge, or other point of connection charge. 

Additionally, utilities must ensure their websites allow an applicant for a service connection to new housing construction to:

ü Track where the applicant is at in the queue for service connection; and

ü Receive a reasonable estimate regarding when the utility will complete the applicant’s service connection.

SB 1210 defines utility to include private electrical, gas, sewer, and water corporations.  It also includes the following publicly owned utilities:

ü A municipality or municipal corporation operating as a public utility;

ü A municipal utility district;

ü A public utility district;

ü An irrigation district; and

ü A joint powers authority that includes one or more of the above entities that owns or operates electrical, gas, water, or sewer facilities or services.

**ACWA Opposes

Recommended District Position: No Position

• SB 1440 (Laird) - Current law requires the regional boards to undertake reasonable efforts to identify dischargers of stormwater that have not obtained an appropriate permit. Current law requires the state board, on or before December 31, to annually prepare a report that includes, among other things, a list of persons notified of their duty to comply with applicable stormwater permits and a description of the responses received to those notifications. This bill would require the annual report to additionally include a description of reasonable efforts undertaken by regional boards to identify dischargers of stormwater that have not obtained coverage under an appropriate stormwater permit.

Recommend District Position: No Position

RECOMMENDATION: The Legislative Advocacy Committee recommends the Board adopt the positions as shown and direct the General Manager to participate in supporting or opposing as needed.

EXHIBITS

None

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