South Bay Cities Council of Governments
October 2, 2010
TO:
SBCCOG Legislative Committee
FROM:
Jacki Bacharach, SBCCOG Executive Director
RE:
Final New Laws & Dead Bills SBCCOG has been monitoring
NEW LAWS
ENVIRONMENTAL
AB 1781
Neighborhood electric vehicles. This bill allows the City of
(Villines)
Fresno to adopt a neighborhood electric vehicle (NEV)
transportation plan. Specifically, the bill:
1) Requires the plan, containing specified elements, to be
reviewed by local law enforcement and by the Council of
Fresno County Governments.
2) Permits the plan to include the use or crossing of a state
highway with the approval of Caltrans.
3) Requires the City, if it adopts a NEV plan, to report to the
Legislature by November 1, 2014 on the effectiveness and
impacts of the plan. The report shall be made in consultation
with Caltrans, the CHP, and local law enforcement agencies.
4) Sunsets the City's authority to adopt a NEV plan on
January 1, 2016.
5) Exempts NEVs in the plan area from the prohibition of
NEVs on streets with speed limits in excess of 35 mph.
SB 1284
(Ducheny)
Water quality: mandatory minimum civil penalties. Would
provide that a failure to file a discharge monitoring report is
not a serious waste discharge violation if the discharger
submits a specified statement to the state board or
the regional board. The bill, until January 1, 2014, would
require, with respect to certain violations involving the failure
to file a discharge monitoring report, the mandatory minimum
penalty of $3,000 to be assessed only for each required
report that is not timely filed, and not for each 30-day period
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LCC supports
WBMWD – NO
POSITION –
DOESN’T IMPACT
THE
WHOLESALER.
following the deadline for submitting the report.
This bill, with a specified exception, would authorize a
regional board, following a public hearing and upon a
showing that the discharger is making diligent progress
toward bringing the waste discharge into compliance with the
effluent limitation, to extend the time schedule for an
additional period not exceeding 5 years in length, under
specified conditions.
.
(Per E.J. Caldwell, WBMWD - It appears that a waste
discharge treatment facility in San Diego was fined the
“minimum” penalty when the infraction was merely related to
proper reporting. Seeking more information but he doesn’t
think that any SBCCOG city would qualify as a discharger.)
PUBLIC SAFETY
SB 949
Vehicles: local authority: assessing penalties. Would
(Oropeza)
expressly prohibit a local authority from enacting or enforcing
an ordinance or resolution that establishes regulations or
procedures for, or assesses a fine, penalty, assessment, or
fee for a violation of , matters covered by this code unless
expressly authorized by this code.
TRANSPORTATION
AB 1224
High-occupancy toll lanes. Existing law, until January 15,
(Eng)
2013, specifically authorizes a value-pricing and transit
development demonstration program involving HOT lanes to
be conducted, administered, developed, and operated on
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DEALS WITH
WATER QUALITY
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LCC opposes
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State Highway Routes 10 and 110 in Los Angeles County by
the Los Angeles County Metropolitan Transportation
Authority (LACMTA) under certain conditions. Existing law
also requires a specified report to be submitted by the
department and LACMTA to the Legislature by
December 31, 2012. This bill would extend the authorization
for the demonstration program until January 15, 2015, and
would require the associated report to be submitted to the
Legislature by December 31, 2014.
DEAD BILLS
ENVIRONMENTAL
AB 19
Greenhouse gas emissions: consumer product labeling. This
(Ruskin)
bill would enact the Carbon Labeling Act of 2009. The act
would require the State Air Resources Board to develop and
implement a program for the voluntary assessment,
verification, and standardized labeling of the carbon footprint,
as defined, of consumer products sold in this state.
AB 903
Solid Waste: Compostable Plastic Bags. The California
(Chesbro)
Integrated Waste Management Act of 1989, prohibits a
person from selling a plastic bag in this state that is labeled
with the term "compostable" or "marine degradable" unless,
at the time of sale, the plastic bag meets specified standards
for those types of bags. This bill would require, beginning
July 1, 2010, a manufacturer of a compostable plastic bag
meeting those standards to ensure that the compostable
plastic bag is readily and easily identifiable from other plastic
bags. The bill would define "readily and easily identifiable," to
include a compostable plastic bag labeled with a board
approved certification logo and that meets other labeling
requirements.
AB 1805
Environment: California Environmental Quality Act (CEQA).
(Calderon)
These bills would enact the California Environmental Quality
&
Act Litigation Protection Pilot Program of 2010 and require
SB 1010
the Business, Transportation and Housing Agency to select
(Correa)
projects that meet specified requirements from specified
regions for each calendar year between 2010 and 2014. 10
projects would be chosen from LA County. Furthermore,
they would exempt each project from judicial review of an
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LCC opposes
AB 1805 &
SB 1010 (SBACC
recommending
support)
AB 2138
(Chesbro)
agency's decision to certify the EIR or to adopt a mitigated
negative declaration based on an initial study for, the
selected projects.
Product management: single-use recyclable packaging
containers. Prohibits food providers from distributing food
service packaging or a single-use carryout bag unless those
items meet the criteria for either compostable or recyclable
packaging. Imposes fines of up to $1,000 per year with the
revenue being appropriated to assist local governments in
the effort to reduce plastic waste and marine debris.
PUBLIC SAFETY
AB 1678
Prisoners: parole. This bill would provide that a person shall
(Lieu & Huber) not be granted nonrevocable parole if he or she is required
to register pursuant to the California Street Terrorism
Enforcement and Prevention Act, is listed on the CalGang
System, or has identified himself or herself as a gang
member to a staff member of the Department of Corrections
and Rehabilitation or was committed to prison for solicitation
of murder, stalking, or domestic violence or has a previous
conviction for one of these crimes and various other
instances.
This bill would require the department to inform a local law
enforcement agency within 48 hours of determining that a
prisoner is eligible to be released on nonrevocable parole in
the local agency's jurisdiction, and to provide local law
enforcement 10 business days to object to the person's
release and other provisions as specified.
OTHER
AB 1957
(Silva)
Administrative Procedure Act: notice of proposed actions:
local government agencies. This bill would require an
agency to mail a notice of proposed action to adopt, amend,
or repeal a regulation to local government agencies or local
government agency representatives that the agency believes
may be interested in, or impacted by, the proposed action, as
prescribed. This bill would require the office, for purposes of
this notice, to create, maintain, and make available to a
requesting agency, a notification list of local government
agency representatives, as prescribed.
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LCC – supports in
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LCC supports
REVENUE
SB 1445
(DeSaulnier)
Planning. This bill would increase the fee imposed by the
state on the registration of each vehicle by $1, and require
the
Department of Motor Vehicles to distribute 1% of the net
revenues from the fee increase to the Planning Advisory and
Assistance Council. The remaining net revenues would be
distributed to designated transportation planning agencies
based on the number of vehicles registered within the
jurisdiction of each agency. The bill would require the
transportation planning agencies to use the funds solely to
develop and implement a sustainable communities strategy
or regional blueprint plan in order to identify land use
strategies to reduce the use of motor vehicles and to carry
out transportation-related activities in the strategy or plan,
and in the case of an agency preparing a regional blueprint
plan, to provide grants to cities, counties, and congestion
management agencies for planning and projects related to
implementation of the plan. The bill would also provide for
sharing of available revenues between various agencies.
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