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7A LEG ROUNDUP from page 3 .... e . .. . .. .. . .. . .. .. . .. .. .. .. .. Ii .. " .. . .. .. .. .. . .. .. .. . .. . . " . .. .. .. page 4 so that they may request directing penalties for waste water violations to fixing the problem that caused the violation. It redefines the definition of a small community and "financial hardship" so that more cities can request to take advantage of this option. The following are a few modest "sleeper" bills signed by the Governor that will be of interest to cities: .. AB 3056 (Hancock) - makes changes to the bottle bill that will enhance the recycling of beverage containers. The League supported AB 3056. .. AS 2211 (Karnette) - illegal dumping grants; among other items, includes a provision authorizing partial grant funding for the removal or abatement of solid waste from a municipal storm water system. The League supported AB 2211. .. AS 1341 (Ruskin) - California Pollution Control Financing Authority (CPCFA); extends the sunset for the CPCFA's Sustainable Communities Grant and Loan Program from 2007 to 2012, and increases the total amount available for grants and loans to cities and counties from $5 million to $7.5 million; also requires an applicant for funding by CPCFA to provide documentation that the project has complied with CEQA or is not a project under CEQA before the issuance of bonds can be approved. The League supported AB 1341. .. AB 2746 (Blakeslee) - environmental mitigation; allows a public agency to authorize a nonprofit organization to hold title to, monitor, and manage an interest in real property that the agency requires a property owner to transfer to the agency to mitigate any adverse impact upon natural resources caused by permitting the development of a project or facility. The League supported AS 2746. .. AS 2449 (Levine) - plastic bag recycling; requires all stores over a certain size to establish a program for consumer take back and recycling of plastic grocery bags; includes limited local pre- emption. Cities and counties would be prohibited from enacting fees on plastic bags, but would be permitted to ban the use of plastic bags and adopt ordinances requiring stores not covered by the bill to establish plastic bag recycling programs. The bill sunsets in six years and the League was neutral on this end of the session negotiated measure. Administrative Services Perhaps one of the most exciting actions is the Governor's signature of AB 2951 (Goldberg), a bill dealing with capital facilities fees for local agency utilities. Previous versions of the bill were vetoed twice by Govs. Davis and Schwarzenegger - proving the old proverb, "third time's a charm." AB 2951 clarifies existing law regarding the obligation of schools and other public agencies to pay their fair share of capital facilities fees for municipal utilities such as water and waste water service. The League thanks Assemblymember Jackie Goldberg for her leadership on this issue. Unfortunately, the Governor vetoed SB 1818 (Alarcon), an action not unexpected. SS 1818 would have authorized local agencies that prevail in court when sued by big-box retailers to be awarded attorney fees, under certain circum- stances. But, the Governor did sign S8 1179 (Morrow) several weeks ago, lowering the age threshold from 14 to 12 and extending the sunset for limited protection against lawsuits for injuries to skateboarders at public skateparks. Public Works The Governor signed AB 573 (Walk), restrict- ing the types of indemnification clauses that may be included in a public agency contract with a design or engineering firm and would instead specify the types of indemnity clauses that may be included. The League opposed AS 573, although some cities expressed strong opposi- tion, while some indicated they can live with the bill and a few supported it. PAGE 4 . PRIORITY FOCUS October 6, 2006 - Issue #39 Visit the League's Official Webslte--www.cacities.org