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Legislative Bill Action ADMINISTRATIVE access is permitted in California in order to protect repay- SB 994 (Morrow). Skateboard Parks. Immunity. SB merit of the DWR bonds and prevent cost shifting among 994 extends for five years, the sunset in existing law tha-~' customers. Similar issues stalled other bills last year to -- reauthorize direct access for all customers. provides limited immunity for public agencies for injuries at skateboard parks. In order to ensure that the bill's provisions do not limit or diminish any other legal rights available to AB 117, as recently amended, would very narrowly local governments, the Chair of the Assembly Judiciary permit new direct access agreements, but only for commu- Committee suggested a clarifying amendment, which was nity aggregation. Customers of community aggregation accepted by the author It reads: "However nothing ir' !his programs would be required to pay exit fees, as determined by the PUC, in order to protect the revenue stream to repay section is intended to abrogate or limit any other lega~ rights, defenses or immunities that may otherwise be available atthe DWR bonds and prevent cost shifting to the remaining law." This language is similar to that suggested by many city customers. The procedures included inAB 117 for public attorneys and was embraced by the League. The League notification, public hearing, and planning for community thanks Senator Bill Morrow for his dedication and persis-aggregation generally remain the same. The bill will be tence on this issue. Staff: Yvonne Hunter, Status: AsmFIr, amended to clarify that the role of the PUC is to provide Position: Support. technical assistance to public agencies and determine the exit fees, but not to approve a community aggregation plan.. Staff: Yvonne Hunter, Status: SenEnUt&Comm;Hrg-6/11, ENVIRONMENTAL Position: Support. AB 2734 (Pavley). Water Efficient Landscaping. Among other provisions, AB 2734 requires cities and counties toSB 1542 (Escutia). Solid Waste Facilities. Environ- update their existing water efficient landscaping ordinances, mental Justice. As introduced, SB 1542 would have required to be adopted under previous law. The League required environmental justice issues to be included in a requested a series of amendments, all of which were solid waste facility permit and required the Waste Board to accepted by the author. Faced with numerous problems consider environmental justice issues when deciding and objections from other groups, however, the author haswhether to concur or object to a solid waste facility permit. decided not to move ahead with the bill this year. Her office In this form, the League and others opposed SB 1542 intends to consult with various groups, including the because it indirectly gave the Waste Board the authority to League, during the late summer and fall in an attempt to determine land use, and to second-guess local decisions resolve outstanding issues and introduce a new bill in 2003. regarding solid waste facilities beyond issues of state City officials who wish to participate in these discussions minimum standards. As amended recently, instead now should contact the League's Sacramento office. Staff: 1542 requires environmental justice issues to be consid- Yvonne Hunter, Status: AsApps, Position: Support if ered as part of the Countywide Siting Element. Amended. The League opposes SB 1542 primarily because of the AB 117 (Migden). Community Aggregation. Opt-Out process of planning, approving and siting solid waste Process. After sitting dormant for several months, it appears facilities, consideration of environmental justice issues in that AB 117 may be moving again. AB 117 is a reintroduction the Siting Element would still indirectly give the Waste Board of last year s AB 9XX (Migden), wh'ch was vetoed by the the authority to second-guess local decisions. Governor due to last minute issues related to repayment of Department of Water Resources (DWR) energy costs. Like The League, along with a number of private and public AB 9XX, AB 117 would make it easier for a cty or county to stakeholders, has proposed an alternative to SB 1542. The undertake a community aggregation program by establish- proposal builds upon last year's AB 1553 (Keeley), which ing an "opt out" procedure for participants, rather than the required the Governor's Office of Planning and Research cumbersome "opt in" process required in existing law. (OPR) to update its general plan guidelines to include Complicating the matter, under existing law and the Public environmental justice issues, and SB 89 (Escutia) which Utilities Commission implementing decisions, no new direct directed CalEPA to incorporate environmental justice PAGE 6/PRIORITY FOCUS Visit the League's Official Web Site-www.cacities.org