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HomeMy WebLinkAboutCity position on Certain Legislation Approved: Letter of Sup STATE OF CALIFORNIA NATURAL RESOURCES AGENC EDMUND G.BROWN,JR., Governor CALIFORNIA COASTAL COMMISSION e, 1������' SOUTH COAST DISTRICT 200 Oceangate,10th Floor LONG BEACH,CA 9 0 8 0 2-441 6 www.coastal.ca.gov FIB 134 i;_ ; 2 R m Page: 1 Date: June 26, 2013 IMPORTANT PUBLIC HEARING NOTICE COASTAL PERMIT APPLICATION PERMIT NUMBER: 5-12-134 APPLICANT(S): City Of Newport Beach, Attn: Ms. Brenda Wisneski PROJECT DESCRIPTION: Removal of all 60 fire rings from city beaches, including 33 fire rings east and west of Balboa Pier and 27 fire rings from Corona del Mar State Beach. PROJECT LOCATION: Corona Del Mar State Beach & Balboa Pier Area, Newport Beach (Orange County) (APN(s) 048-320- 03, 052-051-23, 052-051-24) HEARING DATE AND LOCATION: DATE: Thursday, July 11, 2013 TIME: Meeting begins at 8:30 AM ITEM NO: Th12a PLACE: Ventura City Hall Council Chambers 501 Poli Street, Ventura, CA PHONE: (415) 407-3211 HEARING PROCEDURES: This item has been scheduled for a public hearing and vote. People wishing to testify on this matter may appear at the hearing or may present their concerns by letter to the Commission on or before the hearing date. The Coastal Commission is not equipped to receive comments on any official business by electronic mail. Any information relating to official business should be sent to the appropriate Commission office using U.S. Mail or courier service. AVAILABILITY OF STAFF REPORT A copy of the staff report on this matter will be available no later than 10 days before the hearing on the Coastal Commission's website at http://www.coastal.ca.gov/mtacurr.html. Alternatively, you may request a paper copy of the report from Jeffrey Rabin, Coastal Program Analyst, at the South Coast District office. SUBMISSION OF WRITTEN MATERIALS: If you wish to submit written materials for review by the Commission, please observe the following suggestions: We request that you submit your materials to the Commission staff no later than three working days before the hearing (staff will then distribute your materials to the Commission). Mark the agenda number of your item, the application number, your name and your position in favor or opposition to the project on the upper right hand corner of the first page of your submission. If you do not know the agenda number, contact the Commission staff person listed on page 2. CALIFORNIA COASTAL COMMISSION Page: 2 Date: June 26, 2013 IMPORTANT PUBLIC HEARING NOTICE COASTAL PERMIT APPLICATION If you wish, you may obtain a current list of Commissioners' names and addresses from any of the Commission's offices and mail the materials directly to the Commissioners. If you wish to submit materials directly to Commissioners, we request that you mail the materials so that the Commissioners receive the materials no later than Thursday of the week before the Commission meeting. Please mail the same materials to all Commissioners, alternates for Commissioners, and the four non-voting members on the Commission with a copy to the Commission staff person listed on page 2. ° You are requested to summarize the reasons for your position in no more than two or three pages, if possible. You may attach as many exhibits as you feel are necessary. Please note: While you are not prohibited from doing so, you are discouraged from submitting written materials to the Commission on the day of the hearing, unless they are visual aids, as it is more difficult for the Commission to carefully consider late materials. The Commission requests that if you submit written copies of comments to the Commission on the day of the hearing, that you provide 20 copies. ALLOTTED TIME FOR TESTIMONY: Oral testimony may be limited to 5 minutes or less for each speaker depending on the number of persons wishing to be heard. ADDITIONAL PROCEDURES: The above item may be moved to the Consent Calendar for this Area by the Executive Director when, prior to Commission consideration of the Consent Calendar, staff and the applicant are in agreement on the staff recommendation. If this item is moved to the Consent Calendar, the Commission will either approve it with the recommended actions in the staff report or remove the item from the Consent Calendar by a vote of three or more Commissioners. If the item is removed, the public hearing described above will still be held at the point in the meeting originally indicated on the agenda. No one can predict how quickly the Commission will complete agenda items or how many will be postponed to a later date. The Commission begins each session at the time listed and considers each item in order, except in extraordinary circumstances. Staff at the appropriate Commission office can give you more information prior to the hearing date. Questions regarding the report or the hearing should be directed to Jeffrey Rabin, Coastal Program Analyst, at the South Coast District office. 4W CALIFORNIA COASTAL COMMISSION South Coast Air Quality Management District's 0 o e s • a PROPOSED AMENDED RULE 444 (OPEN BURNING) Thursday, June 13, 2013 Friday; Jurtie 14,"1013 ' 30 P.rvt: " 5:.3® P rro v Hya Regency rribassy Suites 1107 Jc�rnboree Roar! 1440 Easy Irnperial Ave: IVevvport Becaeh, C14 92b60 EI Segundo, CAll :9;4245 Purpose of the Meeting • State or local public agencies that provide The South Coast Air Quality Management District fire pits for beach burning will be required (SCAQMD) staff has scheduled a Public Consultation to meet specific criteria. Meeting to present and solicit information and • Additional amendments may also include suggestions from the public regarding Proposed minor changes intended to improve rule Amended Rule 444—Open Burning. The proposed clarity. rule amendments are a continuation of efforts to amend Rule 444 provisions related to open burning It should be noted that local, county, and state park at beach areas that began in March of 2013. agencies, as well as the general public that SCAQMD staff is recommending that the Public participate in beach burning activities, will be Hearing be rescheduled to July 12, 2013. Look for impacted by this proposed rule amendment. updated information at: http://www.agmd.gov/prdas/beachfiremonitoring/ Supporting Documents homepage.html Copies of Proposed Amended Rule 444 and the Air Quality Objective Addendum to the Draft Final Staff Report will be Adoption of the Proposed Amendments will reduce available on or before June 6, 2013 by contacting: public exposure to fine and coarse particulate Derrick Alatorre emissions from open burning at beach areas. Assistant DEO/Public Affairs Summary of Proposed Amendments Public Information Center Rule 444 amendments include provisions of SCAQMD paragraphs (b)(11) and (c)(7), subparagraph 21865 Copley Drive (d)(3)(G), and paragraphs (d)(4), (h)(5) and (h)(6) Diamond bar, CA 91765 that include, but are not limited to: Phone: (909) 396-2039 • A new definition of Beach Burning. • Prohibiting beach burning after June 1, 2014 unless specified criteria are met. SCAQMD -21865 Copley Drive, Diamond Bar, CA 91765 - 1-800-CUT-SMOG - http://www.agmd.gov June 2013 Submission of Documents or Comments California Environmental Quality Act The public is requested to send documents, studies, SCAQMD staff has reviewed the proposed project data, reports, comments or other information and determined that PAR 444 is exempt from CEQA relevant to Proposed Amended Rule 444 no later pursuant to CEQA Guidelines §15308—Actions by than June 26, 2013 to: Regulatory Agencies for the Protection of the Environment. The proposed project would not Michael Laybourn require installation of control equipment of any Planning, Rule Development & Area Sources type, equipment replacement, or reformulation of SCAQMD consumer products. 21865 Copley Drive Diamond Bar, CA 91765 Comments or suggestions regarding the CEQA Phone (909) 396-3066 analysis for PAR 444 should be directed to: E-mail: mlaybourn@agmd.gov James Koizumi Questions regarding Proposed Amended Rule 444 Planning, Rule Development &Area Sources, may also be directed to Mr. Laybourn. CEQA Section SCAQMD 21865 Copley Drive Diamond Bar, CA 91765 Phone: (909) 396-3234 Email: ikoizumi@agmd.gov PUBLIC ADVISOR BULLETIN , ® " CITY OF HUNTINGTON BEACH Interdepartmental Communication `fe r a City Manager's Office TO: Honorable Mayor and City Council Members FROM: Fred Wilson, City Manage hl_j� DATE: April 10, 2013 SUBJECT: Amend Recommended Action on item 2.F by adding the adoption of Resolution No. 2013-14 Opposing the South Coast Air Quality Management District's (SCAQMD) Proposed Amended Rule 444 Prohibiting Open Burning on Beaches In order to strengthen the City's opposition to the SCAQMD's proposed amended Rule 444 which, if approved, would prohibit open burning on beaches, staff is recommending that council adopt a resolution. Item 2. F. on the April 15, 2013 contains a motion ratifying the submittal of an opposition letter Mayor previously submitted to the SCAQMD. The corrected Recommended Action on item 2. F. should read as follows: Ratify submittal of the Mayor's letter (dated March 22, 2013) of Opposition for the South Coast Air Quality Management District's Proposed Amended Rule 444 (Open Burning — Prohibited on Beaches); authorize the Mayor to continue sending letters as needed for future SCAQMD Meetings regarding Proposed Rule Amendment 444; and, Adopt Resolution No. 2013-14, "A Resolution of the City Council of the City of Huntington Beach Opposing the South Coast Air Quality Management District's (SCAQMD) Proposed Amended Rule 444 Prohibiting Open Burning on Beaches." RESOLUTION NO. 2013-14 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH OPPOSING THE SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT'S (SCAQMD) PROPOSED AMENDED RULE 444 PROHIBITING OPEN BURNING ON BEACHES WHEREAS, the SCAQMD has proposed an amendment to Rule 444 which, if approved, will add beaches to the list of prohibited areas for open fire burning; and The City of Huntington Beach has provided fire rings on its beaches to burn fire wood for aesthetics for over 60 years and fire rings are a important_ part of this city's character and tradition; and The proposed amendment to Rule 444 prohibiting open fire burning will eliminate an important passive and affordable recreational opportunity afforded to millions of residents and visitors which will greatly impact Huntington Beach's local economy as well as visitors and residents enjoyment of the beach; and The City of Huntington Beach receives more than 11 million visitors annually and many visit our beaches for the fire ring experience; and It is estimated that visitors generate more than $1 million annually in revenue to the City through parking fees, sales tax from local shopping, and transient occupancy tax; and Beach communities within the jurisdiction of the,SCAQMD have different interests that should be considered prior to a complete ban on open burning in fire rings; and In a letter dated March 28, 2013, the Mayor of Newport Beach proposed the cities of Newport Beach and Huntington Beach partner in this effort to support each city's interests and encourage the SCAQMD to allow each jurisdiction decide what is best for their own communities; NOW, THEREFORE,the City Council of the City of Huntington Beach does hereby resolve as follows: 1. That the City of Huntington Beach opposes the SCAQMD proposed Amended Rule 444 prohibiting open burning on beaches; and 13-3719/94846.doc 1 Resolution No. 2013-14 2. That the City of Huntington Beach supports further efforts to find a comprehensive solution for the issues facing beach communities with fire rings. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 15th day of April , 2013. 6"ai Mayor REVIE b ND APPROVED: APPROVED AS TO FORM: City Manager City Att§rney INITIATED AND APPROVED: ;v Assistant City Manager 13-3719/94846.doc 2 Res. No. 2013-14 STATE OF CALIFORNIA COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, JOAN L. FLYNN the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City Of adopted Huntington Beach is seven; that the foregoing resolution was passed by the affirmative vote of at least a majority of all the members of said City Council at a Regular meeting thereof held on April 15, 2013 by the following vote: AYES: Sullivan, Hardy, Harper, Boardman , Carchio, Shaw, Katapodis NOES: None ABSENT: None ABSTAIN: None k E''b 4CilClerk and ex-officio M lerk of the City Council of the City of Huntington Beach, California Dept. ID AD-13-006 Page 1 of 3 Meeting Date:4/15/2013 CITY OF HUNTINGTON BEACH .. REQUEST FOR CITY COUNCIL ACTION MEETING DATE: 4/15/2013 SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A. Wilson, City Manager PREPARED BY: Fred A. Wilson, City Manager - SUBJECT: Approve City position on Certain Legislation Statement of Issue: On March 25, 2013, the Intergovernmental Relations Committee recommended City positions on certain legislation: • SB 684 (Hill) - Caltrans Reader Boards • AB 440 (Gatto) — Hazardous Substances within Project Areas • SB 635 (Leno) - Hours of sale for Alcoholic Beverages • The Marketplace Fairness Act • Maintaining the Tax-Exempt Status of Municipal Bonds • South Coast Air Quality Management District: Proposed Amended Rule 444 (Wood-Burning Devices) Proposed Amended Rule 444 (Open Burning) Financial Impact: Not Applicable. Recommended Actions: A) Authorize the Mayor to sign a letter of Support for SB 684 (Hill) - Caltrans Reader Boards; and, B) Authorize the Mayor to sign a letter of Support with a requested revision to the bill that would make the Polanco Act available throughout the City for AB 440 (Gatto) — Hazardous Substances within Project Areas; and, C) Authorize the Mayor to sign a letter of Opposition for SB 635 (Leno) - Hours of sale for Alcoholic Beverages; and, D) Authorize the Mayor to sign a letter of Support on The Marketplace Fairness Act; and, E) Approve and authorize the Mayor to sign a letter of Support for Maintaining the Tax-Exempt Status of Municipal Bonds; and, F) Ratify the submittal of the Mayor's letter (dated March 22, 2013) of Opposition for the South Coast Air Quality Management District's Proposed Amended Rule 444 (Open Burning — Prohibited on Beaches); and authorize the Mayor to continue sending letters as needed for future AQMD Meetings regarding Proposed Rule Amendment 444. HB -17- Item 2. - I Dept. ID AD-13-006 Page 2 of 3 Meeting Date:4/15/2013 Alternative Action('sY Do not approve the recommended action on one or more of the items listed above and provide direction to staff accordingly. Analysis: State Issues SB 684 (Hill) - Caltrans Reader Boards Addresses an unintended consequence of the elimination of redevelopment related to signage in former redevelopment areas. Under current law, the Outdoor Advertising Act regulates the types and the locations of outdoor advertising displays, but provides an exemption for signs within redevelopment areas so that they can be considered on-premise advertising. The extension of the authorization of these advertising displays beyond 10 years in a redevelopment area requires approval of CalTRANS and the affected redevelopment agency. With the elimination of redevelopment agencies, CalTRANS cannot act solely to extend the authority of signs in redevelopment areas. The bill is intended to give local agencies the flexibility to extend the authority of existing signs in former redevelopment areas. Due to changes made by Legislative Counsel, the introduced version of the bill incorrectly refers to "successor agencies," but the intent of the measure is to authorize the local jurisdiction to approve an extension. Recommendation — SUPPORT AB 440 (Gatto) — Hazardous Substances within Project Areas To remedy or remove the release of hazardous substances within project areas similar to that under the Polanco Redevelopment Act. Staff is recommending a requested revision to the bill that would make the Polanco Act available throughout the City, just not former Redevelopment Agency Project Areas. Recommendation — SUPPORT with recommended revision. SB 635 (Leno) - Hours of sale for Alcoholic Beverages This bill would allow the local governing body of a county or city to apply to the Department of Alcohol Beverage Control to authorize, with or without conditions on the licenses, the selling/purchasing of alcoholic beverages between the hours of 2 a.m. and 4 a.m. Recommendation - OPPOSE Federal Issues The Marketplace Fairness Act Federal bill introduced in the U.S. Senate as S. 336 by Senators Mike Enzi (R-WY), Dick Durbin (D- IL), Lamar Alexander (R-TN) and Heidi Heitkamp (D-ND) and in the House of Representatives as H.R. 684 by Representatives Steve Womack (R-AR), Jackie Speier (D-CA), Kristi Noem (R-SD), John Conyers (D-MI), and Peter Welch (D-VT). These bills provide the federal solution necessary to close the online sales tax loophole and level the playing field for all retailers. Importantly, the legislation has strong bipartisan support in both the House and Senate. Recommendation - SUPPORT Item 2. - 2 HB -18- Dept. ID AD-13-006 Page 3 of 3 Meeting Date:4/15/2013 Maintaining the Tax-Exempt Status of Municipal Bonds In their continued efforts to reduce the federal budget deficit, the Congress and White House are considering a cap on the interest of bonds issued by state and local governments. Without the tax exemption, state and local governments would pay more to raise capital. Recommendation - OPPOSE Regional Issues South Coast Air Quality Management District: Proposed Amended Rule 444 (Open Burning) Beach fire pits are being threatened by the Air Quality Management District (AQMD) under proposed amended rule 444 — Open Burning. The proposed rule amendment is intended to implement 2012 Air Quality Management Plan control measure BCM-02 [Further Reductions from Open Burning]. The AQMD held a Public Consultation Meeting to solicit comments on Thursday, March 28. In an effort to get comments to the AQMD prior to their meeting on March 28, the Mayor signed a letter of opposition on March 22 (attached). Proposed rule amendment 444 is scheduled for a May 3, 2013, Public Hearing. Recommendation — OPPOSE and authorize the Mayor to send additional letters prior to the May 3, 2013, Public Hearing. In addition to the above legislative matters, the Intergovernmental Relations Committee also discussed SB 7 (Steinberg) — Public Works prevailing wage requirements for Charter Cities. This bill would prevent a charter city from receiving state funding or financial assistance for a construction project for up to 2 years if the city has, after January 1, 2014, awarded a public works contract without requiring prevailing wage. However, the Committee did not take any action on SB 7 and requested that staff do more research on how this bill would impact Huntington Beach. Environmental Status: N/A Strategic Plan Goal: Improve Long-Term Financial Sustainability; Enhance Economic Development; Enhance and Maintain Public Safety Attachment(s): 1. SB 684 2. AB 440 3. SB 635 4. Marketplace Fairness Act 5. Maintaining Tax-Exempt Status of Municipal Bonds 6. South Coast Air Quality Management District: Proposed Amended Rule 444; Mayor Boardman's 3-3-22-2013 Letter to the SCAQMD HB -19- Item 2. - 3 ATTACHMENT # 1 Item 2. - 4 HB _o_ Page 1 of 1 s , 46 Search Results Tuesday, April 02, 2013 SS 684 (Will D) Advertising displays: redevelopment agency project areas. (Amended: 4/1/2013) Status: 4/1/2013-From committee with author's amendments. Read second time and amended. Re-referred to Com. on T. & H. Location: 4/1/2013-5. T. & H. 2Year Desk Polic iFiscallFlooriDeskIpolicylFiscaliFloor Conf. Enrolled Vetoed Chaptered Dead 1st House 2nd House Conc. Calendar: 4/9/2013 1:30 p.m. - John L. Burton Hearing Room (4203) SENATE TRANSPORTATION AND HOUSING, DESAULNIER, Chair Summary: Existing law, the Outdoor Advertising Act, provides for the regulation by the Department of Transportation of advertising displays, as defined, within view of public highways. The act regulates the placement of off-premises advertising displays along highways that generally advertise business conducted or services rendered or goods j produced or sold at a location other than the property upon which the display is located. Under the act, advertising displays advertising businesses and activities within the boundary limits of, and as a part of, an individual redevelopment agency project may, with the consent of the redevelopment agency governing the project, be considered to be on premises, as specified. A violation of these provisions is a misdemeanor. This bill would provide that an advertising display advertising businesses and activities within the boundary limits of, and as a part of, an individual redevelopment agency project, as the project boundaries existed on December 29, 2011 , may continue to exist and be considered an on-premises display, for a period not to exceed 10 years or the expiration of the redevelopment project area if the advertising display meets specified criteria . This bill would authorize the designated agency to request from the department an extension, as specified, and would provide that the 10-year period for an existing display shall commence on January 1, 2013. By imposing new conditions on a redevelopment project advertising display to remain lawfully erected, a violation of which would constitute a misdemeanor, this bill would impose a state-mandated local program. This bill contains other related provisions.and other existing laws. Atta ch meets: SB 684 (Hill) Notice of Co-Sponsor/Suppport Policy Committee Primary Lobbyist 2nd Lobbyist (primary) Housing Community Kolpitcke, Kirstin and Economic Development League Position Position Taken Policy Committee Policy Analyst (secondary) Support Total Measures: 1 Total Tracking Forms: 1 4/2/2013 9:06:24 AM xs -21- Item 2. - 5 htrn://ct3k l.canitoltrack.com/public/search.aspx?id=ad485199-37ed-42ed-8217-d l 9b4d257... 4/2/2013 . T (�T T 1400 K Street, Suite 400 • Sacramento, California 95814 ':- LEAGUE V Phone. 916.658.8200 Fax: 916.658.8240 ' = OF CALIFORNIA www-cacites.or 9 C1. TI ES March 27,2013 The Honorable Jerry Hill California State Senate State Capitol Building, Room 5064 Sacramento,CA 95814 RE: SB 684(Hill).Advertising Displays: Redevelopment Agency Project Areas. (As introduced) Notice of Co-Sponsor/Support Dear Senator Hill: The League of California Cities is pleased to co-sponsor and support your SB 684,which would clarify that existing advertising displays in redevelopment areas can continue to exist. Prior to the elimination of redevelopment agencies,advertising displays were exempted from the Outdoor Advertising Act and considered to be on the premise anywhere within the limits of the redevelopment area. The ability of the signs to receive an extension was contingent upon approval of the redevelopment agency and CalTrans. One of the unintended consequences of the elimination of redevelopment is that approval for the extension of these signs is impossible since there is no redevelopment agency to consent. This bill simply seeks to clarify that the existing redevelopment signs can continue with agreement of the designated agency and CalTrans. For these reasons,the League supports SB 684. If you have any questions regarding the League's position on this bill, please do not hesitate to contact me at(916) 658-8250. Sincerely, le fzn -j-�—.ldv�Le--.Zzk Kirstin Kolpitcke Legislative Representative cc: Chair and Members,Senate Transportation and Housing Committee Eric Thronson,Consultant, Senate Transportation and Housing Committee Ted Morley, Consultant, Senate Republican Caucus i Item 2. - 6 HB -22- i AMENDED 1N SENATE APRIL 1,2013 SENATE BILL No, 684 Introduced by Senator mill February 22, 2013 An act to amend Section 5273 of the Business and Professions Cade, relating to advertising displays, and declaring the urgency thereof, to take effect immediately. LEGISLATIVE COUNSEL'S DIGEST SB 684, as amended, Hill. Advertising displays: redevelopment agency project areas. Existing law,the Outdoor Advertising Act,provides for the regulation by the Department of Transportation of advertising displays,as defined, within view of public highways. The act regulates the placement of off-premises advertising displays along highways that generally advertise business conducted or services rendered or goods produced or sold at a location other than the property upon which the display is located. Under the act, advertising displays advertising businesses and activities within the boundary limits of, and as a part of, an individual redevelopment agency project may, with the consent of the redevelopment agency governing the project, be considered to be on premises, as specified.A violation of these provisions is a misdemeanor. The Community Redevelopment Law authorizes the establishment of redevelopment agencies in communities to address the effects of blight, as defined. Existing law dissolved redevelopment agencies and community development agencies,as of February 1,2012,and provides for the designation of successor agencies. This bill would provide that an advertising display advertising businesses and activities within the boundary limits of, and as apart 48 HB -23- Item 2. - 7 -3— SB 684 1 Z or befofe janttafy 4, 2013. meets all of the following conditions: 3 (1) The advertising display is located within the boundary limits 4 of the project. 5 (2) The advertising display was constructed, was under 6 construction, or had been approved for construction by the 7 designated agency of the project on or before January 1, 2012. 8 (3) The advertising display does not cause the reduction of 9 federal aid highway funds provided pursuant to Section 131 of 10 Title 23 of the United States Code. 11 (b) An advertising display described in subdivision (a) may 12 continue to exist for a period not to exceed 10 years or the 13 expiration of the redevelopment project area, whichever first 14 occurs, after which Sections 5272, 5274, and 5405 appir, unless 15 an extension has been approved by the desigrmted sueeesso 16 agency;apply. The designated agency mayfor good cause request 17 from the department an extension not to exceed the expiration of 18 the redevelopmentproject area. The 10-year period for an existing 19 display shall commence on January 1, 2013. 20 (c) The designated agency shall be responsible for ensuring 21 that an advertising display is consistent with this section and ZZ provides apublic benefit. 23 SEC. Z. No reimbursement is required by this act pursuant to 24 Section 6 of Article XI11B of the California Constitution because 25 the only costs that may be incurred by a local agency or school 26 district will be incurred because this act creates a new crime or 27 infraction,eliminates a crime or infraction,or changes the penalty 28 for a crime or infraction, within the meaning of Section 17556 of 29 the Government Code,or changes the definition of a crime within 30 the meaning of Section 6 of Article XIII B of the California 31 Constitution. 32 SEC. 3. This act is an urgency statute necessary for the 33 immediate preservation of the public peace,health,or safety within 34 the meaning of Article IV of the Constitution and shall go into 35 immediate effect. The facts constituting the necessity are: 36 As of February 1, 2012, redevelopment agencies have been 37 dissolved and designated successor agencies have been vested with 38 all authority, rights, powers, duties, and obligations previously 39 vested in the former redevelopment agencies, including projects 40 addressing blight in communities.In order that advertising displays 98 I E ,E Item 2. - 8 xB -24- ATTACHMENT #2 1400 K Street, Suite 400 • Sacramento, California 95814 ` LEAGUE" Phone: 916.658.8200 Fax., 916.658.8240 Of CA L I F01'NIA www.cacities.org CITIES April 1,2013 Assembly Member Mike Gatto State Capitol,Room 2114 Sacramento,CA 95814 RE: AB 444(Gatto)Brownfield Remediation Authority: Cities,Counties& Housing Authorities Notice of Support Dear Assembly Member Gatto: The League of California Cities is pleased to support your AB 440,which would authorize cities, counties and housing authorities to use the brownfield remediation tools previously granted to redevelopment agencies under the Polanco Redevelopment Act. ' The dissolution of redevelopment has many negative consequences for future development opportunities in our urban cores. One major consequence is lost access to"Polanco Act"authority which allowed for the expedited removal of hazardous substances from existing urban parcels, in accordance with state- approved clean-up plans. Costs of clean-up could be recovered from responsible parties. Upon completion of remediation actions, immunity for liability was provided to both the local agency in charge of cleaning up the property as well as future developers and owners. AB 440 would authorize cities,counties and housing authorities to use the powers granted to former redevelopment agencies to clean-up affected properties and remove barriers to future development. California's policy goals of greenhouse gas reduction,transit-oriented development and reducing sprawl rely heavily on the revitalization of existing urban core areas. AB 440 will ensure that local agencies have continued access to a brownfield remediation tool that has proven so valuable in the past. Thank you for your leadership on this important matter. If you have any questions, or if I can be of any assistance, please call me at(916)658-8222. Sincerely, Daniel Carrigg Legislative Director Cc: Chair and Members,Assembly Environmental Safety and Toxic Materials Committee Chair and Members,Assembly Local Government Committee Robert Fredenburg,Chief Consultant,Assembly Environmental Safety and Toxic Materials Committee John Kennedy,Consultant,Assembly Republican Caucus Debbie Michel,Chief Consultant,Assembly Local Government Committee William Weber, Principal.Consultant,Assembly Republican Caucus Katie Kolitsos, Special Assistant to Speaker John A. Perez Martha Guzman-Aceves,Deputy Legislative Secretary, Office of Governor Brown Camille Wagner, Deputy Legislative Secretary,Office of Governor Brown Gareth Elliott,Legislative Affairs Secretary,Office of Governor Jerry Brown Item 2. - 10 HB -26- Page 1 of 2 AB 440 (Gaff o ®) Hazardous substances: releases; local agency cleanup or remedy. --------------- Status: 2/28/2013- Referred to Coms,on E.S. &T.M. and L. GOV. Calendar:4/16/2013 1:30 p.m.-State Capitol,444 ASSEMBLY ENVIRONMENTAL SAFETY AND TOXIC MATERIALS, ALEJO,Chair Location:2/2812013-A. E.S. &T.M. 2Year Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf. Enrolled Vetoed Chaptered Dead 1st House 2n I House Conc. Attachments -- i AB 440 (Gatto) Letter of Support Summary ---- _ __..._----- .-_.__.__..-. Existing law dissolved redevelopment agencies and community development agencies, as of February 1,2012, and provides for the designation of successor agencies, as defined. Existing law requires successor agencies to wind down the affairs of the dissolved redevelopment agencies and to, among other things, perform obligations required pursuant to any enforceable obligation, including, but not limited to, any obligations under the Polanco Redevelopment Act to remedy or remove the release of hazardous substances within a project area consistent with state and federal laws, as specified.This bill would authorize a local agency to take any action similar to that under the Polanco Redevelopment Act that the local agency determines is necessary, consistent with other state and federal laws,to remedy or remove a release of hazardous substances within the boundaries of the local agency, pursuant to the procedures specified in the bill.This bill contains other related provisions and other existing laws. (Based on text date 2/15/2013) Bill Text --------------------------------- ----------------- -- ---_ --- ----- --- ...------- Introduced 2/15/2013 html pddf Analyses Votes f Bills Affecting Same Code PEOPLE WHO TRACK AS 440 ALSO TRACK: ---------------------- 84%SB California Environmental Quality Act. tracking r xB -27- Item 2. - I I >1rn,•//r twoh-canitoltrack.com/-Dublic/publishbillinfo.aspx?bi=GLstPzMGpKnQguzLl3XYo%... 4/3/2013 Page 2 of 2 82% AB 37 Environmental quality: California Environmental Quality Act: record of tracking proceedings. 80% SIB Environment: California Environmental Quality Act and sustainable tracking 731 communities strategy. 79%B Local government: infrastructure and revitalization financing districts. tracking 243 79% AB California Environmental Quality Act. notice requirements tracking 380 History 2/28/2013 Feb.28 Referred to Cams. on E.S. &T.M. and L. GOV_ 2/19/2013 Feb. 19 From printer. May be heard in committee March 21. 2/15/2013 Feb. 15 Read first time.To print. 4/3/2013 4:37:16 PM Item 2. - 12 HB _28_ l,+f«,•// ....a llinfn -en-V9b1=kT ctP7h/1knTCn(10117T 1TVVAO/ A/11/1)(11 CALIFORNIA LEGISLATURE-2013-14 REGULAR SESSION ASSEMBLY BILL No. 440 Introduced by Assembly Member Gatto February 15,2013 An act to add Chapter 6.10 (commencing with Section 25403) to Division 20 of the Health and Safety Code, relating to hazardous substances. LEGISLATIVE COUNSEL'S DIGEST AB 440, as introduced,Gatto.Hazardous substances: releases:local agency cleanup or remedy. Existing law dissolved redevelopment agencies and community development agencies, as of February 1, 2012, and provides for the designation of successor agencies, as defined. Existing law requires successor agencies to wind down the affairs of the dissolved redevelopment agencies and to,among other things,perform obligations required pursuant to any enforceable obligation, including, but not limited to, any obligations under the Polanco Redevelopment Act to remedy or remove the release of hazardous substances within a project area consistent with state and federal laws, as specified. Existing law, the Carpenter-Presley-Tanner Hazardous Substance Account Act, imposes liability for hazardous substance removal or remedial actions and requires the Department of Toxic Substances Control to adopt, by regulation, criteria for the selection and for the priority ranking of hazardous substance release sites for removal or remedial action under the act. This bill would authorize a local agency to take any action similar to that under the Polanco Redevelopment Act that the local agency determines is necessary, consistent with other state and federal laws, 99 f i' F x HB -29- Item 2. - 13 AB 440 —2— to remedy or remove a release of hazardous substances within the boundaries of the local agency, pursuant to the procedures specified in the bill. The bill would require the Department of Toxic Substances Control and the California regional water quality control board to adopt and post cleanup guidelines for the taking of a remedial and removal action. A local agency would be required to submit for approval a cleanup plan to the regional board or remedial action plan to the department before taking action. The bill would allow the local agency to take those remedial or removal actions only under specified conditions with regard to the responsible party for the release,unless the local agency is taking action to investigate or conduct feasibility studies concerning a release or determines that conditions require immediate action. The bill would allow the local agency to designate another agency, in lieu of the department or the regional board, to review and approve. a cleanup plan or remedial action plan and to oversee the remediation or removal of hazardous substances from a hazardous substance release site,under certain conditions. The bill would immunize a local agency that remedies or removes a hazardous substance release, pursuant to those provisions, from liability under specified state laws, if the action is in accordance with a cleanup plan or remedial action plan prepared by a qualified independent contractor,as defined, and approved by the department,a regional board,or the designated agency,and the remedial or removal action is undertaken and properly completed.The bill would authorize the recovery by a local agency of cleanup and remedial costs from the liable party. Vote: majority. Appropriation: no. Fiscal cominittee: yes. State-mandated local program: no. The people of the State of California do enact as follows: 1 SECTION 1. Chapter 6.10(commencing with Section 25403) 2 is added to Division 20 of the Health and Safety Code, to read: 3 4 CHAPTER 6.10. HAZARDOUS SUBSTANCE RELEASE CLEANUP 5 6 25403. For purposes of this article, the following terms shall 7 have the following meanings: 99 Item 2. - 14 HB -30- -3— AB 440 1 (a) "CUPA" means the Certified Unified Program Agency 2 certified to implement the unified program pursuant to Chapter 3 6.11 (commencing with Section 25404). 4 (b) "Department" means the Department of Toxic Substances 5 Control. 6 (c) "Designated agency" means an agency designated by the 7 local agency pursuant to paragraph(1)or(2) of subdivision(d) of 8 Section 25403.L 9 (d) "Director"means the Director ofToxic Substances Control. 10 (e) "Hazardous substance" means a hazardous substance as 11 defined in subdivision(h) of Section 25281, and any reference to 12 hazardous substance in the definitions referenced in this section 13 shall be deemed to refer to hazardous substance,as defined in this 14 subdivision. 15 (f) "Local agency" means a county, a city, or a housing 16 authority,as provided in Section 34240. 17 (g) "Person" means an individual, trust, firm, joint stock 18 company,business concern,partnership,limited liability company, 19 association, and corporation, including, but not limited to, a 20 government corporation."Person"also includes any local agency, 21 county, district,commission,the state or any department, agency, 22 or political subdivision thereof,any interstate body,and the federal 23 government or any department or agency thereof to the extent 24 permitted by law. 25 (h) "Phase 1 environmental assessment"has the same meaning 26 as defined in Section 25200.14,except with respect to a hazardous 27 substance. 28 (i) "Qualified independent contractor" weans an independent 29 contractor who is any of the following: 30 (1) An engineering geologist who is certified pursuant to Section 31 7842 of the Business and Professions Code. 32 (2) A geologist who is registered pursuant to Section 7850 of 33 the Business and Professions Code. 34 (3) A civil engineer who is registered pursuant to Section 6762 35 of the Business and Professions Code. 36 (j) "Regional board"means a California regional water quality 37 control board. 38 (k) "Release" means any spilling, leaking, pumping, pouring, 39 emitting, emptying, discharging, injecting, escaping, leaching, 40 dumping, or disposing into the environment. 99 E HB -31- Item 2. - 15 AB 440 —4— 1 (0 (1) "Remedy" or "remove" means an action to assess, 2 evaluate, investigate,monitor, remove, correct, clean up, or abate 3 a release of a hazardous substance or to develop plans for those 4 actions. 5 (2) "Remedy" includes all of the following: 6 (A) Those actions that are consistent with a permanent remedy, 7 that are taken instead of,or in addition to,removal actions in the 8 event of a release or threatened release of a hazardous substance 9 into the environment. "Remedy" also includes those actions 10 specified in Section 9601 of Title 42 of the United States Code,, 11 except that any reference in Section 9601 of Title 42 of the United 12 States Code to the President, relating to determinations regarding 13 the relocation of residents, businesses, and community facilities 14 shall,for the purposes of this chapter,be deemed to be a reference 15 to the Governor, and any other reference in that section to the 16 President shall, for the purposes of this chapter, be deemed a 17 reference to the Governor, or the director, if designated by the 18 Governor. 19 (B) Those actions that are necessary to monitor, assess, and 20 evaluate a release or a threatened release of a hazardous substance. 21 (C) Site operation and maintenance. 22 (3) "Remove" includes the cleanup or removal of released 23 hazardous substances from the environment or the taking of other 24 actions as may be necessary to prevent, minimize, or mitigate 25 damage that may otherwise result from a release or threatened 26 release."Remove"includes those actions specified in Section 9601 27 of Title 42 of the United States Code. 28 (m) "Responsible party"means a person described in subdivision 29 (a) of Section 25323.5 of this code or subdivision (a) of Section 30 13304 of the Water Code. 31 (n) "State board" means the State Water Resources Control 32 Board. 33 25403.1. (a) (1) A local agency may take any action that the 34 local agency determines is necessary and that is consistent with 35 other state and federal laws to remedy or remove a release of 36 hazardous substances on, under, or from property within a local 37 agency's boundaries,whether the local agency owns that property 38 or not,in accordance with the requirements of this chapter.When 39 taking action pursuant to this chapter,if the local agency does not 40 own property that is the subject of the removal or remedial action, 99 Item 2. - 16 xB -32- —5— AB 440 I the local agency has the right of entry upon that property,if,upon 2 providing notice to the owner of that property, the owner of the 3 property does not respond to the notice. 4 (2) The department and regional board shall adopt and post on 5 that agency's Internet Web site general cleanup guidelines with 6 regard to taking action to remedy or remove a release pursuant to 7 this chapter. 8 (3) The adoption and posting of general cleanup guidelines 9 pursuant to this section shall not be deemed the adoption of a 10 regulation for purposes of Chapter 3.5(commencing with Section 1 I 11340) of Part 1 of Division 3 of Title 2 of the Government Code 12 and shall be exempt from those provisions. 13 (4) A local agency shall, before taking action to remedy or 14 remove the release, do both of the following: 15 (A) Have a remedial action plan or cleanup plan prepared, 16 pursuant to those guidelines, by an independent qualified 17 contractor. 18 (B) Submit a cleanup plan to the regional board or a remedial 19 action plan to the department for approval. 20 (5) The regional board or the department shall respond to the 21 local agency's request for approval of a cleanup plan or remedial 22 action plan within 60 days of the receipt of the plan. 23 (6) Within 60 days after approval of the cleanup plan or remedial 24 action plan, pursuant to applicable statutes and regulations, the 25 director, or the regional board,as appropriate,shall acknowledge, 26 in writing,that upon proper completion of the remedial or removal 27 action in accordance with the plan, the immunity provided by 28 Section 25403.2 shall apply to the local agency. 29 (7) The local agency shall notify the department and local health 30 and building departments and the regional board, of any cleanup 31 activity pursuant to this section at least 30 days before the 32 commencement of the activity. 33 (8) If an action taken by a local agency or a responsible party 34 to remedy or remove a release of a hazardous substance does not 35 meet, or is not consistent with, a cleanup plan approved by the 36 regional board or a remedial action plan approved by the 37 department, the department or the regional board that approved 38 the cleanup plan or remedial action plan may require the local 39 agency to take,or cause the taking of,additional action to remedy 40 or remove the release,as provided by applicable law. 99 F HB -33- Item 2. - 17 AB 440 —6— 1 (9) If an administering agency for the site has been designated 2 pursuant to Section 25262, the department or the regional board 3 may impose any requirements for additional action pursuant to 4 paragraph(8)only as provided in Sections 26263 and 25265. 5 (10) If methane or landfill gas is present,the local agency shall 6 obtain written approval from the Department of Resources 7 Recycling and Recovery prior to taking action authorized under 8 this subdivision. 9 (b) Except as provided in subdivision (c), a local agency may 10 take the actions specified in subdivision(a)only under one of the 11 following conditions: 12 (1) There is no responsible party for the release identified by 13 the local agency. 14 (2) Both of the following apply: 15 (A) A party determined by the local agency to be a responsible 16 party for the release has been notified by the local agency, or has 17 received adequate notice from the department, a regional board, 18 the California Environmental Protection Agency, or other 19 governmental agency with relevant authority, and has been given 20 60 days to respond and to propose a remedial action plan and 21 schedule. 22 (B) The responsible party specified in subparagraph(A)has not 23 agreed within an additional 60 days to implement a plan and 24 schedule to remedy or remove the release that meets both of the 25 following requirements; 26 (1) The plan and schedule are acceptable to the local agency. 27 (ii) The local agency makes a finding that the plan and schedule 28 are consistent with the intended use of the property. 29 (3) (A) The party determined by the local agency to be the 30 responsible party for the hazardous substance release entered into 31 an agreement with the local agency to prepare a remedial action 32 plan or cleanup plan for approval by the department, the regional 33 board, or the appropriate local agency, and to implement the 34 remedial action plan or cleanup plan in accordance with an agreed 35 schedule,but failed to do any of the following: 36 (i) Prepare the remedial action plan or cleanup plan. 37 (ii) Implement the remedial action plan or cleanup plan in 38 accordance with the agreed schedule. 39 (iii) Otherwise failed to carry out the remedial action in an 40 appropriate and timely manner. 99 Item 2. - 18 H13 -34- —7— AB 440 1 (B) An action taken by the local agency pursuant to this 2 paragraph shall be consistent with any agreement between the local 3 agency and the responsible party and with the requirements of the 4 state agency or the local agency that approved or will approve the 5 remedial action plan or cleanup plan and is overseeing or will 6 oversee the preparation and implementation of the remedial action 7 plan. 8 (c) Subdivision(b) does not apply to either of the following: 9 (1) A local agency taking actions to investigate or conduct 10 feasibility studies concerning a release. 11 (2) A local agency taking the actions specified in subdivision 12 (a)if the local agency determines that conditions require immediate 13 action. 14 (d) (1) A local agency may designate another agency, in lieu 15 of the department or the regional board, to review and approve a 16 cleanup plan or a remedial action plan and to oversee the 17 remediation or removal of hazardous substances from a specific 18 hazardous substance release site if the agency is designated as the 19 administering agency under Section 25262. In that event, the 20 designated agency shall conduct the oversight of the remedial 21 action in accordance with Chapter 6.65(commencing with Section 22 25260), and all provisions of that chapter shall apply to the 23 remedial action. 24 (2) A local agency may designate another agency to review and 25 approve a cleanup plan or a remedial action plan for a site and 26 oversee the remediation and removal action at the site if all of the 27 following conditions exist: 28 (A) The designated agency is certified as a CUPA. 29 (B) The site is an underground storage tank site subject to 30 Chapter 6.7(commencing with Section 25280). 31 (C) The designated agency is certified pursuant to Section 32 25297.01 and the state board has entered into an agreement with 33 that agency pursuant to Section 25297.1. 34 (D) The designated agency determines that the site is within the 35 guidelines and protocols established in, and pursuant to, the 36 agreement specified in subparagraph (C). 37 (E) The designated agency consents to the designation. 38 (3) Within 60 days after approving a cleanup plan or a remedial 39 action plan pursuant to paragraph(])or(2),the designated agency 40 shall issue a notice that, upon proper completion of the remedial 99 i' t r i xB -35- Item 2. - 19 AB 440 1 or removal action plan,the immunity specified in Section 25403.2 2 shall apply to the local agency. If the designated agency was 3 formed by the local agency, the cleanup plan or remedial action 4 plan shall also be subject to the approval of the department or 5 regional board. 6 (4) (A) An agency may not consent to the designation pursuant 7 to paragraph (I) or (2) unless the designated agency determines 8 that it has adequate staff resources and the requisite technical 9 expertise and capabilities available to adequately supervise the 10 remedial action. I 1 (B) If an agency has been designated pursuant to paragraph(2), 12 the department or a regional board may require the designated 13 agency withdraw from the designation or stop taking that action, 14 after providing the designated agency with adequate notice,if both 15 of the following conditions are met: 16 (i) The department or a regional board determines that the 17 agency's designation was not consistent with paragraph (2), or 18 makes one of the findings specified in subdivision (d) of Section 19 101480. 20 (ii) The department or a regional board deten-nines that it has 21 adequate staff resources and capabilities available to adequately 22 supervise the remedial action, and assumes that responsibility. 23 (C) This paragraph does not prevent a regional board from taking 24 an action pursuant to Division 7(commencing with Section 13000) 25 of the Water Code. 26 (5) If an agency has been designated pursuant to paragraph (1) 27 or(2),the designated agency may,after providing the local agency 28 with adequate notice,withdraw from its designation or stop taking 29 action after making one of the findings specified in subdivision 30 (d) of Section 101480. 31 (e) (1) To facilitate remedial planning, the local agency may 32 require the owner or operator of a site within the local agency's 33 jurisdictional boundaries to provide the local agency with all 34 existing environmental information pertaining to the site,including 35 the results of any phase I or subsequent environmental assessment, 36 any assessment conducted pursuant to an order from,or agreement 37 with, any federal, state, or local agency, and any other 38 environmental assessment information, except that which is 39 determined to be privileged. 99 Item 2. - 20 HB -36- -9— AB 440 1 (2) A person requested to furnish the information pursuant to 2 paragraph (1) shall be required only to furnish that information 3 that may be within that person's possession or control, including 4 actual knowledge of information within the possession or control 5 of any other party.If environmental assessment information is not 6 available, the local agency may require the owner of the property 7 to conduct, and to pay the expenses of conducting, an assessment 8 in accordance with standard real estate practices for conducting 9 phase I or phase II environmental assessments. 10 25403.2. (a) (1) Notwithstanding any other law, except as 1 I otherwise provided in this chapter, a local agency that undertakes 12 and completes an action, or causes another person to undertake 13 and complete an action pursuant to Section 25403.1 for which a 14 finding of completion is made pursuant to subdivision (b), to 15 remedy or remove a hazardous substance release on, under, or 16 from property the local agency's boundaries, in accordance with 17 a cleanup plan or remedial action plan prepared by a qualified 18 independent contractor and approved by the department,a regional 19 board, or the designated agency, in accordance with Section 20 25403.1 is not liable,with respect to that release only,pursuant to 21 any of the following: 22 (A) Division 7 (commencing with Section 13000)of the Water 23 Code. 24 (B) Chapter 6.5(commencing with Section 25100),Chapter 6.7 25 (commencing with Section 25280), Chapter 6.75 (commencing 26 with Section 25299.10),or Chapter 6.8(commencing with Section 27 25300), of Division 20. 28 (C) Any other state or local law imposing liability for remedial 29 or removal actions to releases of hazardous substances. 30 (2) If the remedial action was also performed pursuant to 31 Chapter 6.65 (commencing with Section 25260) of Division 20, 32 and a certificate of completion is issued pursuant to subdivision 33 (b) of Section 25264, the immunity from local agency action 34 provided by the certificate of completion, as specified in 35 subdivision (c) of Section 25264, shall apply to the local agency, 36 in addition to the iimm-nunity conferred by this section. 37 (3) In the case of a remedial action performed pursuant to 38 Chapter 6.65 (commencing with Section 25260) of Division 20, 39 and for which the administering agency is a local agency, the 40 limitations on the certificate of completion set forth in paragraphs 99 xB _37_ Item 2. - 21 AB 440 —10— 1 (1)to(6), inclusive,of subdivision(c) of Section 25264 are limits 2 on any immunity provided for by this section and subdivision (c) 3 of Section 25264. 4 (b) Notwithstanding any provision of law or policy providing 5 for certification by a person conducting a remedial or removal 6 action that the action has been properly completed,a determination 7 that a remedial or removal action has been properly completed 8 pursuant to this section shall be made only upon the affirmative 9 approval of the director, the regional board, or the designated 10 agency, as appropriate. The department or regional board, as 1 I appropriate,shall,within 60 days of the date it finds that a remedial 12 or removal action has been completed, notify the local agency in 13 writing that the immunity provided by this section is in effect. If 14 another agency is designated to oversee the remedial or removal 15 action pursuant to paragraph(1)or(2)of subdivision(d)of Section 16 25403.1,the designated agency shall issue a notice within 60 days I7 of the date it finds that a remedial or removal action has been 18 completed. 19 (c) Upon proper completion of a remedial or removal action, 20 as specified in subdivision(b),the immunity from action provided 21 by the certificate of completion provided pursuant to subdivision 22 (c) of Section 25264 and the immunity provided by this section 23 extends to all of the following,but only for the release or releases 24 specifically identified in the approved cleanup or remedial action 25 plan and not for any subsequent release or any release not 26 specifically identified in the approved cleanup plan or remedial 27 action plan: 28 (1) An employee or agent of the local agency, including an 29 instrumentality of the Iocal agency authorized to exercise some, 30 or all,of the powers of a local agency within,or for the benefit of, 31 a local agency and an employee or agent of the instrumentality. 32 (2) A person that enters into an agreement with a local agency 33 for the development of property, if the agreement requires the 34 person to acquire property affected by a hazardous substance 35 release or to remove or remedy a hazardous substance release with 36 respect to that property. 37 (3) A person that acquires the property after a person has entered 38 into an agreement with a local agency for development of the 39 property, as described in paragraph(2). 99 Item 2. - 22 HB -38- AB 440 1 (4) A person that provides financing to a person specified in 2 paragraph (2) or(3). 3 (d) Notwithstanding any other law, the immunity provided by 4 this section does not extend to any of the following: 5 (1) A person that was a responsible party for the release before 6 entering into an agreement, acquiring property, or providing 7 financing,as specified in subdivision(c). 8 (2) A person specified in subdivision (a) or (c) for any 9 subsequent release of a hazardous substance or any release of a 10 hazardous substance not specifically identified in the approved 11 cleanup plan or remedial action plan. 12 (3) A contractor who prepares the cleanup plan or remedial 13 action plan, or conducts the removal or remedial action. 14 (4) A person that obtains an approval of a cleanup plan or - 15 remedial action plan pursuant to Section 25403.1,or a finding,as 16 specified in subdivision (b), by fraud, negligent or intentional 17 nondisclosure,or misrepresentation,and a person that knows before 18 the approval or determination is obtained or before the person 19 enters into an agreement, acquires the property or provides 20 financing, as specified in subdivision (c), that the approval or 21 determination was obtained by these means. 22 (e) The immunity provided by this section is in addition to any 23 other immunity provided by law to a focal agency. 24 (f) This section does not impair any cause of action by a local 25 agency or any other party against the person responsible for the 26 hazardous substance release that is the subject of the removal or 27 remedial action taken by the local agency or other person immune 28 from liability pursuant to this section. 29 (g) This section does not apply to, or limit, alter, or restrict, an 30 action for personal injury or wrongful death. 31 (h) This section does not limit liability of a person described in 32 paragraph (3) or (4) of subdivision (d) for damages under the 33 federal Comprehensive Environmental Response,Compensation, 34 and Liability Act of 1980, as amended (42 U.S.C. Sec. 960I et 35 seq.). 36 (i) This section does not establish, limit, or affect the liability 37 of a local agency for a release of a hazardous substance that is not 38 investigated or remediated pursuant to this section or Chapter 6.65 39 (commencing with Section 25260). 99 i HB -39- Item 2. - 23 AS 440 —12— 1 25403.3. The immunity provided for by Section 25403.2 is 2 only conferred if both of the following apply: 3 (a) The action is in accordance with a cleanup plan or remedial 4 action plan prepared by a qualified independent contractor and 5 approved by the department, a regional board, or the designated 6 agency, as appropriate,pursuant to Section 25403.1. 7 (b) The remedial or removal action is found to have been 8 undertaken and properly completed, as specified in subdivision 9 (b) of Section 25403.2. 10 25403.4. The local agency shall reimburse the department or l 1 the regional board for costs incurred in reviewing or approving 12 cleanup or remedial action plans pursuant to this chapter. 13 25403.5. (a) Except as otherwise provided in this chapter, if 14 a local agency undertakes action to remedy or remove,or to require 15 others to remedy or remove, including compelling a responsible 16 party through a civil action, to remedy or remove a release of 17 hazardous substance, the responsible party shall be liable to the 18 local agency for the costs incurred in the action. A local agency 19 may not recover the costs of goods and services that were not 20 procured in accordance with procurement procedures, where 21 applicable. The amount of the costs shall include the interest on 22 the costs accrued from the date of expenditure and reasonable 23 attorney's fees and shall be recoverable.in a civil action. Interest 24 shall be calculated based on the average annual rate of return on 25 a local agency's investment of surplus funds for the fiscal year in 26 which costs were incurred. 27 (b) The only defenses available to a responsible party shall be. 28 the defenses specified in subdivision (b) of Section 25323.5. 29 (c) A local agency may recover any costs incurred to develop 30 and to implement a cleanup plan or remedial action plan approved 31 pursuant to this chapter, to the same extent the department is 32 authorized to recover those costs. The scope and standard of 33 liability for cost recovery pursuant to this section shall be the scope 34 and standard of liability under the federal Comprehensive 35 Environmental Response, Compensation, and Liability Act of 36 1980, as amended(42 U.S.C. Sec. 9601 et seq.) as that act would 37 apply to the department. However, any reference to hazardous 38 substance in that act shall be deemed to refer to hazardous 39 substance as defined in Section 25403. 99 Item 2. - 24 1x13 -40- —l3— AB 440 1 (d) An action for recovery of the costs of a remedy or removal 2 undertaken by a local agency under this section shall be 3 commenced within three years after completion of the remedy or 4 removal. 5 (e) The action to recover costs provided by this section is in 6 addition to, and is not to be construed as restricting, any other 7 cause of action available to a local agency. 8 25403.6. (a) Except as provided in Section 25403.4, 9 notwithstanding any other state law or policy, a local agency that 10 undertakes and completes a remedial action, or otherwise causes 1 I a remedial action to be undertaken and completed pursuant to this 12 chapter shall not be liable based on its ownership of property after 13 a release occurred,for any costs that any responsible party for that 14 release incurs to investigate or remediate the release or to 15 compensate others for the effects of that release. 16 (b) Except as provided in Section 25403. 2,this article does not 17 limit the powers of the state board or a regional board to enforce 18 Division 7 (commencing with Section 13000)of the Water Code. 19 24303.7. The Legislature finds and declares that this chapter 20 is the policy successor to the Polanco Redevelopment Act(Article 21 12.5 (commencing with Section 33459) of Part 1 of Chapter 4 of 22 Division 24)and shall be interpreted and implemented consistent 23 with that act. i i i O 99 xB -41- Item 2. - 25 ATTACHMENT #3 IL- Item , _ z6 „A -42- Page l of 1 Search Results Wednesday, April 03, 2013 SB 63 (Leno D) Alcoholic beverages: hours of sale. (Introduced: 2/22/2013) Status: 4/2/2013-Set, first hearing. Hearing canceled at the request of author. Location: 3/11/2013-S. G.O. 2Yearl Deskl Policy Fiscal Floor Desk Policy Fiscal Flo Conf. Enrolled Vetoed Chaptered Dead 1st House or 2nd House Conc. Calendar: 4/23/2013 9:30 a.m. - Room 112 SENATE GOVERNMENTAL ORGANIZATION, WRIGHT, Chair Summary: The Alcoholic Beverage Control Act provides that any on- or off-sale licensee, or agent or employee of the licensee, who sells, gives, or delivers to any person any alcoholic beverage between the hours of 2 a.m. and 6 a.m. of the same day, and any person who knowingly purchases any alcoholic beverages between those hours, is guilty of a misdemeanor. This bill would allow the local governing body of a county or a city and county to apply to the Department of Alcoholic Beverage Control to authorize, with or without conditions on the licensees within those jurisdictions, the selling, giving, delivering, or purchasing of alcoholic beverages at an on-sale licensed premises between the hours of 2 a.m. and 4 a.m., as provided. This bill would require the local governing body to notify specified persons of the application for additional hours and would provide a procedure for protest and hearing regarding the application. This bill contains other related provisions and other existing laws. Policy Committee Primary Lobbyist 2nd Lobbyist (primary) Housing Community Kolpitcke, Kirstin and Economic Development League Position Position Taken Policy Committee Policy Analyst (secondary) Watch Total Measures: 1 Total Tracking Forms: 1 4/3/2013 9:10:42 ANI HB -43- Item 2. - 27 http://ct3k l.capitoltrack.com/public/search.aspx?id=ad485199-37cd-42cd-8217-dl 9b4d257... 4/3/2013 SENATE BILL 'No. 635 Introduced by Senator Leno February 22, 2013 An act to amend Section 25631 of,and to add Section 25634 to,the Business and Professions Code, relating to alcoholic beverages. LEGISLATIVE COUNSEL'S DIGEST SB 635, as introduced, Leno. Alcoholic beverages: hours of sale. The Alcoholic Beverage Control Act provides that any on-or off-sale licensee, or agent or employee of the licensee, who sells, gives, or delivers to any person any alcoholic beverage between the hours of 2 a.m. and 6 a.m. of the same day, and any person who knowingly purchases any alcoholic beverages between those hours, is guilty of a misdemeanor. This bill would allow the local governing body of a county or a city and county to apply to the Department of Alcoholic Beverage Control to authorize, with or without conditions on the licensees within those jurisdictions, the selling,giving, delivering, or purchasing of alcoholic beverages at an on-sale licensed premises between the hours of 2 a.m. and 4 a.m., as provided. This bill would require the local governing body to notify specified persons of the application for additional hours and would provide a procedure for protest and hearing regarding the application. 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 no reimbursement is required by this act for a specified reason. Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes. 99 Item 2. - 28 HB -44- SB 635 —2— The people of the State of California do enact as follows: 1 SECTION 1. Section 25631 of the Business and Professions 2 Code is amended to read: 3 25631. Aftr(a) (1) Except as provided in subdivision(b), any 4 on-or off-sale licensee,or agent oremployee of that licensee,who 5 sells, gives, or delivers to any persons any alcoholic beverage or 6 any person who knowingly purchases any alcoholic beverage 7 between the hours of 2 e'eieek a.m.and 6i)2t�a.m.of the same 8 day, is guilty of a misdemeanor. 9 Flef 10 (2) For the purposes of this seetion subdivision,on the day that 11 a time change occurs from Pacific standard time to Pacific daylight 12 saving time, or back again to Pacific standard time, "2-a2eleek 13 a.m" means two hours after midnight of the day preceding the 14 day such change occurs. 15 (b) (1) Ina county or city and county that has additional serving 16 hours pursuant to Section 25634, any on-sale licensee, or agent 17 or employee of the licensee, who sells, gives, or delivers to any 18 person any alcoholic beverage or any person who knowingly 19 purchases any alcoholic beverage between the hours of 4 a.m. and 20 6 a.m. of the same day, is guilty of a misdemeanor. 21 (2) For the purposes of this subdivision, on the day that a time 22 change occurs from Pacific standard time to Pacific daylight time, 23 or back again to Pacific standard time, "4 a.m."means four hours 24 after 12 midnight of the day preceding the day the change occurs. 25 SEC.2. Section 25634 is added to the Business and Professions 26 Code,to read: 27 25634. (a) Notwithstanding Section 25631, the department 28 may authorize, with or without conditions on the licensees, the 29 selling, giving, delivering, or purchasing of alcoholic beverages 30 at an on-sale licensed premises between the hours of 2 a.m. and 4 31 a.m. within a county or a city and county if the local governing 32 body of that county or city and county,or its designated subordinate 33 officer or body,applies to the department and shows the department 34 the public convenience or necessity served by the additional hours. 35 (b) (1) Upon receipt of an application for additional hours 36 pursuant to this section, the department shall make a thorough 37 investigation to determine whether the additional hours would 38 serve the public convenience or necessity. 99 xB -45- Item 2. - 29 -3— SB 635 1 (2) The local governing body of the county or city and county 2 shall notify the law enforcement agencies of the county or city and 3 county, the residents of the county or city and county, and any 4 other interested parties,as determined by the local governing body, 5 of the application for additional hours pursuant to this section 6 within 30 consecutive days of the filing of the application, in a 7 manner determined by the local governing body. 8 (3) Protests may be filed at any office of the department within 9 30 days from the first date of notice of the filing of an application 10 for additional hours. The time within which a local law I 1 enforcement agency may file a protest shall be extended by the 12 period prescribed in Section 23987. 13 (4) The department may reject protests, except protests made 14 by a public agency or public official, if it determines the protests 15 are false, vexatious, frivolous, or without reasonable or probable 16 cause at any time before hearing thereon,notwithstanding Section 17 24016 or 24300.If,after investigation,the department recommends . 18 that additional hours be authorized notwithstanding a protest by a 19 public agency or a public official, the department shall notify the 20 agency or official in writing of its determination and the reasons 21 therefor, in conjunction with the notice of hearing provided to the 22 protestant pursuant to Section l 1509 of the Government Code. If 23 the department rejects a protest as provided in this section, a 24 protestant whose protest has been rejected may, within 10 days, 25 file an accusation with the department alleging the grounds of 26 protest as a cause for revocation of the additional hours and the 27 department shall hold a hearing as provided in Chapter 5 28 (commencing with Section 11500)of Part I of Division 3 of Title 29 2 of the Government Code. 30 (5) This section shall not be construed as prohibiting or 31 restricting any right that the individual making the protest might 32 have to a judicial proceeding. 33 (c) (1) If,after investigation,the department recommends that 34 additional hours be authorized, with or without conditions on the 35 licensees, notwithstanding that one or more protests have been 36 accepted by the department, the department shall notify the local 37 governing body and all protesting parties whose protests have been 38 accepted in writing of its determination. 39 (2) Any person who has filed a verified protest in a timely 40 fashion pursuant to subdivision(b)that has been accepted pursuant 99 i 3 i I Item 2. - 30 xB -46- SB 635 —4— 1 to this article may request that the department conduct a hearing 2 on the issue or issues raised in the protest.The request shall.be in 3 writing and shall be filed with the department within 15 business 4 days of the date the department notifies the protesting party of its 5 determination as required under paragraph(1). 6 (3) At any time prior to the issuance of the license, the 7 department may,in its discretion,accept a late request for a healing 8 upon a showing of good cause. Any determination of the 9 department pursuant to this subdivision shall not be an issue at the 10 hearing nor grounds for appeal or review. 11 (4) if a request for a hearing is filed with the department 12 pursuant to paragraph(2),the department shall schedule a hearing 13 on the protest.The issues to be determined at the hearing shall be 14 limited to those issues raised in the protest or protests of the person 15 or persons requesting the hearing. 16 (5) Notwithstanding that a hearing is held pursuant to paragraph 17 (4), the protest or protests of any person or persons who did not 18 request a hearing as authorized in this section shall be deemed 19 withdrawn. 20 (6) If a request for a hearing is not filed with the department 21 pursuant to this section, any protest or protests shall be deemed 22 withdrawn and the department may issue the license without any 23 further proceeding. 24 (7) 1f the person filing the request for a hearing fails to appear 25 at the hearing,the protest shall be deemed withdrawn. 26 (d) The department shall notify the on-sale licensees within the 27 county or city and county of the outcome of the application for 28 additional hours.Any conditions placed upon the licensees pursuant 29 to this section shall be subject to Article 1.5 (commencing with 30 Section 23800). 31 (e) The local governing body shall, at the time of application 32 for additional hours pursuant to this section, accompany the 33 application with a fee of dollars ($_). Fees collected 34 pursuant to this section shall be deposited in the Alcohol Beverage 35 Control Fund. 36 SEC. 3. No reimbursement is required by this act pursuant to 37 Section 6 of Article X1II B of the California Constitution because 38 the only costs that may be incurred by a local agency or school 39 district will be incurred because this act creates a new crime or 40 infraction,eliminates a crime or infraction,or changes the penalty 99 xB -47- Item 2. - 31 —5— SB 635 l for a crime or infraction,within the meaning of Section 17556 of 2 the Government Code,or changes the definition of a crime within 3 the meaning of Section 6 of Article X111 B of the California 4 Constitution. O 99 j l i Item 2. - 32 HB -48- ATTACHMENT #4 IL- xd -49- Item Z. . 33 LEAGUE [ /� f"� [ . 1400 K Street, Suite400 o Sacramento, California 95814 - Q L I... AG L Phone: 916.658.8200 Fax: 916.658.8240 0i ('AI.li()lZ�iri www.cacities.org " CITIES March 20, 2013 The Honorable Dianne Feinstein The Honorable Barbara Boxer 331 Hart Senate Office Building 112 Hart Senate Office Building Washington, DC 20510 Washington, DC 20510 RE: S. 336 and H.R. 684 -Marketplace Fairness Act of 2013 Dear Senators Feinstein and Boxer: I am writing on behalf of the League of California Cities(League)to express our support for S. 336 and H.R. 684 (the Marketplace Fairness Act of 2013), as well as the Marketplace Fairness amendment to the Budget Resolution to be offered this week. This legislation will provide equitable tax treatment for sales of tangible goods between brick-and-mortar establishments and remote sellers over the Internet. The additional revenues collected by state and local governments will assist in the delivery of quality public services to our residents. With the increasing volume of sales occurring on the Internet, local officials have long been concerned with the competitive disadvantage faced by our local retailers which have made investments and provided jobs in our communities and the inability to collect revenue from remote sellers. The California Board of Equalization recently estimated that$1.1 billion of use taxes related to remote electronic and mail sales from out-of-state vendors are uncollected(of this total, $755 million is due the state's General Fund, with the balance owed to focal governments). About three-fourths of this gap relates to business-to-consumer sales, with the rest relating to business-to-business sales. Based on use tax collections, there is only about 1 percent consumer compliance with use tax obligations. As currently drafted, S. 336 and H.R. 684 contain features that are sufficiently flexible to match California's tax structure. The features include: allowing all states to participate; requiring sellers to collect the full destination rate of sales tax (both state and local); clarifying that the measure is limited to the collection of sales and use taxes; and preserving flexibility for how individual states distribute taxes from sales occurring within the state. Thank you for your work on this important issue. We look forward to working with you to support the passage of this landmark legislation. Please let us know if you have any questions or need any additional information. You can also contact the League's Washington advocate, Eve O'Toole, at(202)419-2505. We look forward to continuing to work with you on California's important local priority issues. Sincerely, Chris McKenzie Executive Director League of California Cities i Item 2. - 34 xs -50- The Marketplace Fairness Act of 2013 Section-by-Section Section 1. Short Title The Marketplace Fairness Act of 2013 Section 2.Authorization to Require Collection of Sales and Use Taxes Streamlined Sales and Use Tax Agreement, Member States under the Streamlined Sales and Use Tax Agreement(SSUTA) are authorized to require all sellers not qualifying for a small seller exception to collect and remit sales and use taxes on remote sales sourced to the Member State pursuant to the provisions of SSUTA if SSUTA includes the minimum simplification requirements and liability provisions set forth under the Alternative in this Act.This authority begins no earlier than the first day of the calendar quarter that is at least 90 days after the State publishes notice of the State's intent to exercise the authority under this Act, but no earlier than the first day of the calendar quarter at least 90 days after the date of enactment of this Act. Alternative Sales and Use Tax Collection. A state that is not a Member State under SSUTA is authorized to require all sellers not qualifying for the small seller exception to collect and remit sales and use taxes on remote sales sourced to that state, but only if the State implements minimum simplification requirements. Minimum Requirements for Alternative Sales and Use Tax Collection. This authority begins no earlier than the first day of the calendar quarter that is at least 6 months after the State implements minimum simplification requirements: (1) enacting legislation must specify the taxes to which simplification requirements and authority shall apply and specify the products and services to which the authority of this Act shall not apply; (2) establish a single entity within a State responsible for sales and use tax administration, returns and audits, a single audit for all State and local taxing jurisdictions within the State, and a single sales and use tax return for remote sellers to be filed with that entity(a state may not require a remote seller to file sales and use tax returns more frequently than required for nonremote sellers) (3) provide a uniform sales and use tax base within a state; (4) require interstate sales to comply with the sourcing definition based on a destination rate, which is the sum of the State rate and any applicable local rates; (5) provide information about the taxability of products and services and applicable exemptions from sales and use tax in the State and a rates and boundary database; (6) provide software free of charge for remote sellers that calculates sales and use taxes due on each transaction at the time the transaction is completed, files sales and use tax returns, and is updated to reflect applicable rate changes; (7) provide certification procedures for certified software providers(software provided by certified software providers shall be capable of calculating and filing sales and use taxes in all States qualified under this Act); (8) relieve remote sellers from liability to the State or locality for incorrect collection, remittance, or noncollection of sales and use taxes if the liability is a result of error or omission made by a certified software provider; HB -51- Item 2. - 35 (9) relieve certified software providers from liability to the State or locality for incorrect collection, remittance, or noncollection of sales and use taxes if the liability is a result of misleading or inaccurate information provided by a remote seller; (10) relieve remote sellers and certified software providers from liability to the State or locality for incorrect collection, remittance, or noncollection of sales and use taxes if the liability is a result of incorrect information or software provided by the State (11) provide 90 days' notice of a rate change and relieve any remote seller or certified software provider from liability for collecting sales and'use taxes at the immediately preceding effective rate during the 90-day notice period if the required notice is not provided. Small Seller Exception. A State shall be authorized to require a remote seller to collect sales and use tax if the remote seller has gross annual receipts in total remote sales in the United States for the preceding calendar year of more than $1,000,000. Persons will be aggregated for purposes of this section if they created one or more ownership relationships in order to avoid these rules. Section 3. Limitations In General. Nothing shall be construed as subjecting a seller or any other person to any other type of taxes, other than sales and use taxes, affecting the application of such taxes, or enlarging or reducing State authority to impose such taxes. No Effect on Nexus. The Act shall not be construed to create nexus between a person and a State or locality. Licensing and Regulatory Requirements. Nothing in this Act shall be construed as permitting or prohibiting a State from licensing or regulating any person, requiring any person to transact intrastate business, subjecting any person to State taxes not related to the sales of goods or services, or exercising authority over matters of interstate commerce. No New Taxes. Nothing in this Act shall be construed as encouraging a State to impose sales and use taxes on any goods or services not subject to taxation prior to the date of enactment of this Act. No Effect on Intrastate Sales—The authority under this Act only applies to remote sales and does not apply to intrastate sales or intrastate sourcing rules. No Effect on Mobile Telecommunications Sourcing Act—nothing in this Act shall alter or preempt the Mobile Telecommunications Sourcing Act, 4 U.S.C. 116-126. Section 4. Definitions and Special Rules Provides definition for the following terms: Certified Software Provider, Locality/Local, Member State, Person, Remote Sale, Remote Seller, Sourced, State, Streamlined Sales and Use Tax Agreement. Section 5. Severability If any part of the Act is held to be unconstitutional, the remainder of the Act shall not be affected. Section 6. Preemption Except as otherwise provided in this Act, this Act does not preempt or limit any powers of State or local jurisdictions under any existing laws. Item 2. - 36 xB -52- OTT.1:3119 �I AMENDMENT NO. Calendar No. Purl)ose: To establish a deficit-neutral reserve firnd to erasure marketplace fairness by allowing States to enforce State and local use tax- laws. IN THE SENATE OF THE UNITED STATES-113th Cong., 1st Sess. S.Con.Res.S Setting forth the con(ressional budget for the United States Government for fiscal year 2014, reAlising the appro- priate budgetary- levels for fiscal year 2013, and setting forth the appropriate l rdgetar y levels for fiscal -,,-ear,, 2015 through 2023. Referred to the Committee on and ordered to be printed Ordered to lie oil the table and to be printed A.AIENI)JIENT intemled to be proposed by Mr. EN%I (for lrir7l- self, Mr. Dt;i*iI N, Mr. 11Is. IIFITh:' X11", Mr, BI.tN'I', Mr. J()IIN�()N of South Dakota, Mr. Mr. WHITEIMV) iE, )Xr. RO('KFPE1.LhIl3, 11�Ir I��I3hIN, and Mi.. CARI)IN) Viz: 1 At the appropriate place, insert.the folloiN ing: 2 SEC. DEFICIT-NEUTRAL RESERVE FUND TO ALLOW i 3 STATES TO ENFORCE STATE AND LOCAL USE 4 TAX LAWS. 5 The Chairman of the Corrrniittee on the Budget of 6 the Senate neat- re«se the allocations of a cornnlittee or 7 committees, agg-egates, and other appropriate levels in HB -53- Item 2. - 37 OTT1:31 r 9 s.r..t. 2 1 this resolution for one or snore bills, joint resolutions, 2 amendrilents, motions, or conference reports related to al- 3 lo1Ning States to enforce State and local use tax laws and 4 collect taxes alreadt owed tinder State law- on remote sales 5 by the amounts prmided in such Iegisla.tion for those pur•- 6 poses, .ln•oVidecl that such le slation would riot increase 7 the deficit over either the period of the total of fiscal years 8 2013 through 2018 or the period of the total of fiscal 4 vears 2013 through.2023. Item 2. - 38 xs -54- ATTACHMENT #5 iiB -55- Item 2. - 39 ***Sample Letter*** March _, 2013 The Honorable U.S. House of Representatives-OR U.S. Senate HousefScnate Office Building Washington, DC 20515 RE: Maintaining the Tax-Exempt Status of Municipal Bonds Dear As Congress moves forward with continued efforts to reduce the federal budget deficit and advance federal tax reform legislation, l am writing on behalf of the INSERT YOUR JURISDICTION to urge your support for maintaining the federal tax exemption on municipal bond interest. The tax exemption has been a cornerstone of state and local infrastructure development for over 100 years, and is responsible for financing a majority of the nation's infrastructure. In the City of , the tax exemption on municipal bonds has contributed to the advancement and completion of a great number of critical infrastructure projects, including the $TOTAL COST OF PROJECT NAME OF PROJECT (FOR EXAMPLE — THE $400 MILLION DOWNTOWN WATER SYSTEM REPLACEMENT PROJECT). INCLUDE SEVERAL COMPELLING PROJECTS IF POSSIBLE, AND WHERE POSSIBLE, ALSO INDICATE/ESTIMATE THE NUMBER OF JOBS CREATED BY EACH. ALSO EXPLAIN THE STATE/REGIONAULOCAL NEED FOR THESE PROJECTS WHY IS/INAS THE PROJECT NECESSARY? PROVIDE PERSUASIVE DATA TO SUPPORT THENEED:FOR THE PROJECT (FOR EXAMPLE —THE PROJECT ADDRESSES A.CRITICAL STATE/REGIONAL/LOCAL NEED, SUCH AS PROVIDING CLEAN WATER, 1IMPROVING PUBLIC HEALTH, RELEIVING REGIONAL CONGESTION AND EXPANDING ECONOMIC DEVELOPMENT). The federal tax exemption on municipal bonds was included when the country's income tax code was promulgated in 1913. Through the tax-exemption, the federal government continues to provide critical support for the federal, state and local partnership that develops and maintains essential infrastructure, which it cannot practically replicate by other means. On average, state and local governments issue nearly 10,000 bonds a year totaling $300 billion. This has allowed state and local governments to finance more than $1.65 trillion in infrastructure investment over the last decade through the tax exempt market. Our citizens, communities and public, private and non-profit sectors benefit in many ways from the issuance of these bonds, as they are used to build and maintain schools 4 to support an educated workforce, and to build our roads, public transportation systems 5 Item 2. - 40 HB -56- and airports, all of which are essential for supporting commerce. They also help to address the country's water infrastructure, public.utilities, health care and affordable housing needs, as well as provide public safety infrastructure that ensures local and national security. These financings are approved by elected bodies at the state and local levels or by the voters themselves for specific long-term projects, not to support general government functions, such as maintaining employees or keeping the lights on. As the federal government continues to develop policies to reduce the deficit, several proposals have been offered that would replace, limit, or eliminate the tax exempt status. of municipal bond interest. To support these proposals it has been suggested that those who truly benefit from the municipal tax exemption are wealthy investors. These claims mischaracterize municipal investors and the true beneficiaries of municipal bonds, who are-- • state and local governments who need the support of investors to finance critical infrastructure; • taxpayers across the country who depend on this infrastructure for reliable transportation systems, schools, public health facilities, energy, clean water and affordable housing; • the federal government, who is able to provide a small tax benefit for a return of billions of dollars of infrastructure; and • investors who buy bonds for many reasons, including the safe nature of these financial products. It is worth noting that 72.4 percent of the total outstanding muni debt is held by individual investors, either directly or through mutual funds and money market funds (Source - 2010 Thomson Reuters). 2010 IRS data indicates that 57 percent of tax exempt income is reported by earners over the age of 65. These are individuals who are largely on fixed incomes, expecting the secure return on investment that municipal bonds provide. Municipal bonds are the second safest investment, aside from U.S. Treasuries, with state and local governments having nearly a zero default rate. 2010 IRS data also indicates that 52 percent of all bond interest paid to individuals went to those with incomes of less than $250,000. Investors in municipal bonds are those who want to support the long-term infrastructure needs of their communities through a direct investment that cannot be replaced by any direct funding source or entity, including the federal, state or local governments. Proposals to reduce or repeal the tax exemption would have severely detrimental impacts on national infrastructure development and the municipal bond market, raising costs for state and local borrowers and creating uncertainty for investors. For example, it is estimated that if the proposal to cap the exemption on municipal bonds at 28 percent had been in place over the last 10 years it would have cost state and local governments an additional $173 billion in interest costs. Total repeal of the exemption over that time would have cost state and local governments over$495 billion in additional interest costs. Given the severe budget constraints that state and local xs -57- Item 2. - 41 governments have faced since the national financial crisis of 2008, it is very likely that many of the infrastructure projects funded through tax exempt bonds would not have been possible. Speaking specifically to the impacts on the City of , these proposals would INSERT THE IMPACT OF AFULL REPEAL OF THE MUNIICPAL TAX EXEMPTION:AND THE PROPOSED 28% CAP ON THE EXEMPTION TO YOUR JURISDICTION (INCLUDE ESTIMATED INCREASES IN INTEREST COSTS, COSTS TO TAXPAYERS AS WELL AS QUANTITATIVE ESTIMATED IMPACTS OF SPECIFIC PROJECTS THATWILL BE DELAYED OR CANCELLED SHOULD EITHER OF THESE PROPOSALS BE ENACTED). Proposals to cap or repeal the exemption would also introduce uncertainty into the municipal market, causing investors to fear additional federal intervention in the market where none has existed for the past 100 years. Ultimately these investor concerns translate into demands for higher yields from and increased costs to state and local governments. If these entities are unable to satisfy investor yield demands, then either needed infrastructure projects will not move forward or the costs of these projects will be passed on directly to state and local tax and rate payers. The municipal tax exemption has a long history of success, having been maintained through two world wars and the Great Depression, as well as the recent Great Recession, and it continues to finance the majority of our nation's infrastructure needs for state and local governments of all sizes when no other source exists to do so. We cannot afford to abandon the great success of this important financing instrument, especially as state and local governments continue to recover from the economic downturn. Thank you for your attention to our concerns on this important economic development issue. Please contact at if you have any questions or need any additional information. l Sincerely, i cc: Jennifer Whiting, League of California Cities, Iwhiting[@cacities.orq i Item 2. - 42 HB -58- 1 : LEAGUE OF CAI_I FORK IA -� 1400 K Street, Suite 400 a Sacramento, California 95814 ti C I T I E S Phone: 916.658.8200 Fax: 916.658.8240 T" www.cacities.org December 6, 2012 The Honorable Kevin McCarthy U.S. House of Representatives 326 Cannon House Office Building Washington, DC 20515 j RE: Maintaining the Tax-Exempt Status of Municipal Bonds Dear Congressman McCarthy: As Congress and the White House work to reach agreement on a federal deficit reduction plan to avert the pending sequester, I am writing on behalf of the League of California Cities (League)to urge you to maintain the tax exemption on municipal bonds, and oppose efforts to place a cap on the interest of bonds issued by state and local governments in any final fiscal cliff agreement. Moving forward with these proposals would have profoundly negative impacts on local infrastructure development in California. State and local governmental bonds have been issued since the mid-1800s, and the federal tax exemption was included in the country's income tax code since its promulgation in 1913. Through the tax-exemption, the federal government continues to provide critical support for the development and maintenance of essential facilities and services, which it cannot practically replicate by other means. Three-quarters of the total U.S. investment in infrastructure is accomplished with tax-exempt bonds,which are issued by over 50,000 state and local governments and authorities representing a three trillion dollar industry. Tax-exempt bonds are a critical, core resource of public finance, and are used to help build roads, bridges, sewers, dams, schools, hospitals, affordable housing across the country. Dearly 4 million miles of roadways, 500,000 bridges, 1,000 mass transit systems, 16,000 airports, 25,000 miles of intercoastal waterways, 70,000 dams, 900,000 miles of pipe in water systems and 15,000 waste water treatment plants have been finance through tax-exempt municipal bonds. Municipal bonds are also a safe and reliable investment option. Over 60 percent of tax- exempt bonds are held by individuals either directly or through mutual funds, with 50 percent of all tax-exempts owned by individuals with an adjusted gross income of under$200,000 annually. All grades of governmental tax-exempt bonds have proven to be safer investments than AAA corporate bonds. Without the tax-exemption, state and local governments would pay more to raise capital, a cost that ultimately would be borne by taxpayers, through reduced infrastructure spending, decreased economic development, higher taxes or higher user fees. Proposals to reduce the xB -59- Item 2. - 43 tax benefit for municipal bond investors from 35 percent to 28 percent would also be similarly harmful to California cities. While the League agrees that reforms are necessary to reduce the federal deficit, eliminating the tax exemption on municipal bonds or reducing the tax benefit for investors in municipal securities will not achieve sufficient reductions, and will instead only further stagnate national economic growth. Thank you for your attention to the concerns of California cities on this important economic development issue. Please let me know if you have any questions or need any additional information. You can also contact the League's Washington advocates, Eve O'Toole and Dustin McDonald, at (202) 419-2505 and (202)419-2511 respectively. We look forward to continuing to work with you on California's important local priority issues. Sincerely, Dan Carrigg, Legislative Director Cc: The Honorable Max Baucus The Honorable Orrin Hatch The Honorable Dave Camp The Honorable Sander Levin Jeffrey Zients, Deputy Director for Management, Office of Management and Budget Item 2. - 44 HB -60- TALKING PONTS ON PRESERVATION OF THE MUNICIPAL TAX EXEMPTION • Tax-exempt bonds are the primary financing mechanism for state and local infrastructure projects—they have been used for more than 100 years and provide essential funding for states, counties and localities. • Three-quarters of all public infrastructure projects in the U.S. are built by states and localities, and tax-exempt bonds are the primary financing tool utilized to satisfy these infrastructure needs. • If the tax exemption is eliminated or reduced,states and localities will pay more to finance projects, leading to fewer projects and fewer jobs,or project costs will be transferred to local tax and rate payers. IMPACT OF PROPOSALS TO REDUCE OR REPEAL THE TAX EXEMPTION i i Over the last few years several federal proposals have been offered that would either completely l remove the long-standing exemption on municipal bond interest or impose a 28%cap on the amount investors may exempt from their taxes. • IMPACT OF REPEAL-If the proposal to repeal the exemption had been in place during the 2003- 2012 period,it is estimated that it would have cost governments an additional$495 billion in interest costs for the$1.65 trillion in bonds used for state and local infrastructure that was completed during this period. • IMPACT OF 28%CAP-With regard to the proposed 28VG cap, if this proposal had been in place over the last 10 years, It is estimated that the$1.65 trillion of state and local infrastructure investment that took place over that time would have cost governments an additional 173 billion of interest costs. • IMPACT ON THE MARKET-Federal proposals to cap or remove the exemption on municipal bond interest has already created volatility in the municipal bond market and this trend would only continue with severe repercussions if either of these proposals were enacted. Investors would demand higher yields from state and local governments to due to the increased level of uncertainty about further Washington intervention into the municipal bond market both prospectively and retroactively(i.e.,if the 28%cap goes into effect,then there is always a threat that Congress could make additional changes that would raise costs even more for state and local I governments). i • IMPACT ON TAXPAYERS-if state and local governments are unable to satisfy investor demands for higher yields,then either needed infrastructure projects will not move forward or the costs of these projects will be passed on directly to state and local tax and rate payers. 3 HB -61- Item 2. - 45 THE TAX EXEMPTION IS A WIN-WIN-WIN-WIN! • A win for state and local governments who need the support of investors to finance critical infrastructure; • A win for taxpayers across the country who depend on this infrastructure for reliable transportation systems,schools,public health facilities,energy,clean water and affordable housi�n ; • A win for the federal government who is able to provide a small tax benefit for a return of billions of dollars of infrastructure;and • A win for investors who purchase bonds for many reasons, including the safe nature of these financial products. • Further,elected bodies at the state and local levels or voters themselves approve whether an entity should issue bonds for specific long-term projects, not to support general government functions, such as maintaining employees or keeping the lights on. THE TRUTH ABOUT MUNI INVESTORS Some have claimed that proposals to cap the investor deduction would solely impact wealthy investors. However,these claims are not accurate: • The IRS'own data illustrates that 57%of tax exempt income is reported by earners over the age of 65. • In 2010,52%of all bond interest paid to individuals went to those with incomes of less than $250,000. • 2010 Thomson Reuters data Indicates that 72.4%of the total outstanding muni debt is held by retail investors/households,either directly or through mutual funds and money market funds. • These are critical points that give us a picture of who is investing in municipal bonds and why. ➢ For example,those 57%of tax exempt income earners who are investing in muni bonds are investors with limited incomes that have chosen to invest in municipal bonds because they are a secure investment. ➢ Muni bonds are an extremely safe investment,second only to U.S.Treasuries,with a nearly zero default rate. ➢ Investors purchase municipal bonds without the expectation of a larger investment return from state and local governments because they know they are making safe investments. Item 2. - 46 HB -62- ENOUGH ALREADYI • The federal government has asked state and local governments to sacrifice a lot over the years,with dramatic decreases in federal government funding for critical state and local programs such as CBGB, HOME,COPS, BYRNE/JAG and the CWSRF and DWSRF programs through annual appropriations cuts and sequestration. To also take away this advantage to low cost capital,is a double hit that would cripple national infrastructure development. i • The tax exemption on muni bonds has helped state and local governments pay for the vast majority of our country's infrastructure over the past 100 years, having been maintained through two world wars and the Great Depression, as well as the recent Great Recession. it works. It works for small governments and large governments. • Why would Congress want to change something that works already for a majority of state and local governments of all sizes, and provides trillions of dollars in infrastructure funding that cannot be replicated or replaced? j i i xB -63- Item 2. - 47 ATTACHMENT #6 Item 2. - 48 iin -rN- (Adopted October 8, 1976)(Amended October 2, 1981) (Amended October 2, 1987)(Amended December 21,2001) (Amended November 7, 2008) (PAR 444,March 13 2013 Version PROPOSED AMENDED RULE 444. OPEN BURNING (a) Purpose The purpose of this rule is to ensure open burning in the District is conducted in a manner that minimizes emissions and impacts, and that smoke is managed consistent with state and federal law in order to protect public health and safety. (b) Applicability The provisions of this rule shall apply to any person conducting or allowing any open burning including, but not limited to: (1) Agricultural burning (2) Disposal of Russian thistle(SaLwla kali or`Tumbleweed") (3) Prescribed burning (4) Fire prevention/suppression training (5) Open detonation or use of pyrotechnics (6) Fire hazard removal (7) Disposal of infectious waste,other than hospital waste (8) Research of testing materials, equipment or techniques (9) Disposal of contraband (10) Residential burning (11) Beach burning (c) Definitions (1) AGRICULTURAL BURNING means open burning of vegetative materials produced wholly from the growing and harvesting of crops in agricultural operations, including the burning of grass and weeds in fence rows, ditch banks and berms in non-tillage orchard operations, fields being prepared for cultivation, agricultural wastes, and the operation or maintenance of a system for the delivery of water for agricultural operations. (2) AGRICULTURAL OPERATIONS means any business occurring on a ranch or farm directly related to: PAR 444 - 1 xB -65- Item 2. - 49 PAR 444 (Cont.) (Amended November 7,2008) (March 13,2013 Version) (A) Growing of crops (B) Raising of fowl or other animals for the primary purpose of making a profit or for a livelihood (C) Conducting agricultural research or instruction by an educational institution (3) AGRICULTURAL WASTES means unwanted or unsalable materials. produced wholly from agricultural operations directly related to the growing of crops or raising of animals for the primary purpose of making a profit or for a livelihood. Agricultural wastes do not include items such as plastic, rubber, ornamental or landscape vegetation, chemically treated wood, shop wastes, construction and demolition material, material containing asbestos, garbage, oil filters, tires, tar paper, pesticide and fertilizer containers, broken boxes, pallets, sweat boxes, packaging material, packing boxes or any other material produced in the packaging or processing of agricultural products. Orchard or vineyard waste or any other material, generated as a result of land use conversion to nonagricultural purposes is not agricultural waste. (4) AIR QUALITY INDEX (AQI) is a value established by the federal Environmental Protection Agency (EPA) to measure the level of the five major air pollutants regulated by the Clean Air Act. The values range from 0 to 500 and are divided into six categories; higher values indicate greater levels of pollution and greater associated health concerns. The following summarizes the AQ1: (A) 50 or below is Good (B) 51 through 100 is Moderate (C) 101 through 150 is Unhealthy for Sensitive Groups (D) 151 through 200 is Unhealthy (E) 201 through 300 is Very Unhealthy (F) Over 300 is Hazardous (5) APPROVED IGNITION DEVICES means those instruments or materials that will ignite agricultural waste without the production of black smoke. This would include such devices using liquid petroleum gas, butane, propane, or diesel oil burners and flares where the device produces a flame and the flame is then used for ignition. PAR 444 - 2 Item 2. - 50 HB -66- PAR 444 (Cont.) (Amended November 7,2008) (March 13,2013 Version) (6) APPROVED IGNITION FUELS means pipeline quality natural gas, liquefied petroleum gas, or a petroleum liquid having an API gravity of at least 30. 7 BEACH BURNING means any recreational ceremonial or o en bumin conducted in any public coastal area marked by an accumulation of sand stone or grgvel that has been de osited b the tide or ocean waves including any adjacent areas used for beach access or recreation. For The ur ses of this rule beach burnin does not include the use of charcoal or a gaseous or liquid fuel in the preparation or warming of food for human consumption. (8 7) BURN AUTHORIZATION NUMBER is the number that is assigned to a burn project upon being granted approval by the Executive Officer. (9 8) BURN MANAGEMENT PLAN means a document prepared by an agricultural operator for a project which provides a description of the project, and other information as required under subparagraph (d)(7)(D). (I O 9) BURN PROJECT means an active or planned prescribed burn, agricultural burn, fire prevention/suppression training, a naturally ignited wildland fire managed for resource benefits, or any other burn approved by the Executive Officer. (H 4-9)EMERGENCY BURN PLAN means a document prepared by an agricultural operator for open burning as an emergency measure to protect crops from freezing which provides a description of the project, and other information as required under subparagraph (h)(4)(C)_ (12 44)FIELD CROP means crop, other than fruit or vegetable, which is grown for agricultural purposes. (13 44)FIRE HAZARD means a hazardous condition involving combustible, flammable, or explosive material that could present a substantial threat to life or property, as declared by a fire protection agency. (14-I�)FIRE PREVENTION/SUPPRESSION TRAINING means the instruction of employees in the methods of preventing or suppressing fires. (15 44)FIRE PROTECTION AGENCY means any public agency with the responsibility and authority to protect people, property, and the environment from fire, within its respective area of jurisdiction. (16 )HEAVY FUELS means materials that burn slowly, sustain heat, and are difficult to extinguish. Heavy fuels include large downed woody materials such as logs and branches. PAR 444-3 HB -67- Item 2. - 51 PAR 444 (Cont.) (Amended November 7,2008) March 13,2013 Version) (17 T6)IMMINENT FIRE HAZARD means a fire hazard that presents an immediate danger to property or the health and/or safety of a person or persons and for which direct abatement by fire is necessary as directed by a fire protection agency. An imminent fire hazard is distinguished from a prescribed burn by the immediate or urgent action needed to alleviate a threat. (1 S 4-7)LAND MANAGER means any federal, state, local, or private entity that administers, directs, oversees, or controls the use of public or private land, including the application of fire to the land. (1944)LIGHT FUELS means materials that burn quickly with a short period of intense heat such as grass and field crops. (20) MANDATORY WINTER BURNING CURTAILMENT means a period of time during the consecrative months of November through February where the burning of solid fuels is restricted for portions of the South Coast Air Basin at elevations below 3,000 feet above Mean Sea Level (MSL) based on the air quality criteria contained in AQMD Rule 445 (Wood-Burning Devices). (2l 4-9)MARGINAL BURN DAY means a day in an air basin when open burning for individual projects is restricted to designated source/receptor areas and is not otherwise prohibited by the California Air Resources Board(GARB) or the Executive Officer of the District. A marginal burn day is declared when: (A) At least one of the meteorological criteria for an air basin is predicted to be met-; (B) The AQI throughout the basin is predicted to be 150 or lessz (C) The AQI in the designated source/receptor areal is predicted to be 100 or less-;, and (D) The designated source/receptor area(s) is not further restricted by a mandatory winter buming curtailment pursuant to AOMD Rule 445 (Wood-Burning Devices). (22 2-0)METEOROLOGICAL CRITERIA defines the daily predicted meteorological conditions that need to be satisfied to permit open burning for an air basin. The criteria are as follows: (A) Burn Area 40: South Coast Air Basin (at least one criterion must be satisfied): PAR 444- 4 Item 2. - 52 HB -68- PAR 444 (Cont.) (Amended November 7,2008) (March 13,2013 Version) (i) Near 6:00 a.m., the expected height of the inversion base, if any, at Los Angeles International Airport is 1,500 feet above mean sea level or higher. (ii) The expected maximum mixing height during the day is 3,500 feet above the surface. (iii) The expected mean surface wind between 6:00 a.m. and noon is greater than five miles per hour. (B) Burn Area 53: Mojave Desert Air Basin (all criteria must be satisfied): (i) Near the time of day when the surface temperature is at a minimum, the temperature at 3,000 feet above the surface is not warmer than the surface temperature by more than 13 degrees Fahrenheit. (ii) The expected temperature at 3,000 feet above the surface is colder than the expected surface temperature by at least 11 degrees Fahrenheit for 4 hours. (iii) The expected daytime wind speed at 3,000 feet above the surface is at least 5 miles per hour. (C) Burn Area 55: Salton Sea Air Basin (at least three criteria must be satisfied): (i) Near the time of day when the surface temperature is at a minimum, the temperature at 3,000 feet above the surface is not warmer than the surface temperature by more than 13 degrees Fahrenheit. (ii) The expected temperature at 3,000 feet above the surface is colder than the expected surface temperature by at least 11 degrees Fahrenheit for 4 hours. (iii) The expected daytime wind speed at 3,000 feet above the surface is at least 5 miles per hour. (iv) The expected daytime wind direction in the mixing layer is not southeasterly. (23 24)NO BURN DAY means a day in an air basin during eff which open burning is prohibited by the CARB or Executive Officer of the District. A no burn day is declared when: (A) None of the meteorological criteria for an air basin are met,or PAR 444-5 HB -69- Item 2 - 53 PAR 444 (Cont.) (Amended November 7,2008) (March 13,2013 Version) (B) The AQI in any area of the basin is predicted to be greater than 150. (24 )OPEN BURNING COMBUSTION/OPEN DETONATION means the ignition and subsequent burning, or ignition, rapid decomposition and subsequent burning of solid, liquid, or gaseous materials, outside of a combustion chamber with or without a visible flame and not directed through a chimney or flue. (25 2-3)PERMISSIVE BURN DAY means a day in an air basin during e*which open burning is not prohibited by the CARB or Executive Officer of the District. A permissive burn day is declared when: (A) At least one of the meteorological criteria for an air basin is predicted to be met., (B) The AQI throughout the basin is predicted to be 100 or less.,and (C) The designated source/receptor area(s) is not further restricted by a mandatory winter burning curtailment pursuant to AQMD Rule 445 (Wood-Burning Devices). (2624)PRESCRIBED BURNING means planned open burning conducted by a public agency, or through a cooperative agreement or contract involving a public agency, identified on lands selected in advance for removal of: (A) Vegetation from land predominantly covered with chaparral, trees, grass, or standing brush_ (B) Forest vegetation or debris for the purposes of forest protection_ (C) Brush, weeds, arundo, or other plant matter to promote a healthier environment for plant or animal species or to re-establish native plant species. (D) Disease and pest prevention. (E) Fire prevention/suppression training consuming greater than 10 acres. (27) PRODUCT TESTING means the evaluation of commercial products designed to detect the presence of flame or smoke or intended to prevent equipment damage due to flame. (28 ? )RESIDENTIAL BURNING means open burning for the purposes of disposing of combustible or flammable solid waste, excluding Russian thistle, from a specific residence on its premises. PAR 444-b Item 2. - 54 xB -70- PAR 444 (Cont.) (Amended November 7,2008) (March 13,2013 Version) (292-6)SENSiTIVE RECEPTOR LOCATIONS include schools, daycare centers, hospitals, and convalescent homes, and other locations where children, chronically ill individuals, or other sensitive persons could be exposed. (302-7)SMOKE MANAGEMENT PLAN means a document prepared for each open burning event or project by land managers that provides information and procedures to minimize smoke impacts. (312$)SOURCE/RECEPTOR AREAS. A source area is that area in which contaminants are discharged and a receptor area is that area in which the contaminants accumulate and are measured. Any of the areas can be a source area, a receptor area, or both a source and receptor area. The source/receptor areas are delineated on the attached map(Attachment 1). j (32 29)WILDLAND means: (A) "Wildland" means an area where development is generally limited to roads, railroads, power lines, and widely scattered structures. Such Iand is not cultivated (i.e., the soil is disturbed less frequently than once in 10 years), is not fallow, and is not in the United States Department of Agriculture (USDA) Conservation Reserve Program. The land may be neglected altogether or managed for such purposes as wood or forage production, wildlife, recreation, wetlands,or protective plant cover. (B) For the California Department of Forestry and Fire Protection only, "Wildland" as specified in California Public Resources Code (PRC) section 4464(a) means any land that is classified as a state responsibility area pursuant to article 3 (commencing with section 4125) of chapter 1, part 2 of division 4 and includes any such land having a plant cover consisting principally of grasses, forbs, or shrubs that are valuable for forage. "Wildland" also means any lands that are contiguous to lands classified as a state responsibility area if wildland fuel accumulation is such that a wildland fire occurring on these lands would pose a threat to the adjacent state responsibility area. (d) Requirements and Prohibitions (1) A person shall not conduct or allow open burning unless all of the k following are met: (A) The Executive Officer has declared the day a permissive burn day or a marginal burn day on which burning is permitted in the PAR 444-7 xB -71- Item 2. - 55 PAR 444 (Cont.) (Amended November 7, 2008) (March 13,2013 Version) applicable source/receptor area and such burning is not prohibited by the applicable public fire protection agency. (B) The Executive Officer or the applicable fire protection agency has issued a written permit for the burn. For disposal of Russian thistle, subject to paragraph (d)(2)(C), a permit may also be issued by the Director of Forestry and Fire Protection or a County Agricultural Commissioner, pursuant to California Health and Safety Code Section 41809. (C) The Executive Officer has authorized the burn by issuing a Burn Authorization Number for each day for each open burning event. (i) The Executive Officer has received the Burn Authorization Number request by 4:00 p.m. on the day prior to the burn. (ii) The Executive Officer may delay issuing a Burn Authorization Number until such time that an inspection of the proposed Burn Project can be conducted, in order to determine whether the open burning event complies with the provisions of the rule. (D) All site-specific permit conditions are met, pursuant to Rule 208 — Permit and Burn Authorization for Open Burning. (2) The Executive Officer may authorize open burning for: (A) Agricultural burning (B) Prescribed burning (C) Disposal of Russian thistle (D) Abatement of a fire hazard that a fire protection agency determines cannot be abated by an economically, ecologically and logistically viable option (E) Disposal of waste infected with an agricultural pest or disease hazardous to nearby agricultural operations and upon the order of the County Agricultural Commissioner (F) Disposal of infectious waste, other than hospital waste, upon the order of the County Health Officer to abate a public health hazard (G) Use of pyrotechnics for the creation of special effects during filming of motion pictures, videotaping of television programs or other commercial filming or video production activities provided untreated wood, charcoal or Approved Ignition Fuels are used PAR 444 -8 Item 2. - 56 HB _72- PAR 444 (Cont.) (Amended November 7,2008) (March 13,2013 Version) (H) Disposal of contraband in the possession of public law enforcement personnel provided they demonstrate that, open burning is the only reasonably available method for safely disposing of the material (1) Fire prevention/suppression training exercises, provided notifications and compliance with all requirements of Rule 1403 — Asbestos Emissions from Dernolition/Renovation Activities shall be required when applicable (J) Researching or testing fire retardant properties of materials (or enclosures) or the efficacy of fire suppression techniques or devices (3) A person is prohibited from open burning for: (A) Residential burning (B) Disposal of waste, except as specified in (d)(2) above, including hospital waste (C) Disposal of materials generated as a result of land use conversion for non-agricultural purposes (D) Disposal of materials from the production or storage of military ordnance, propellants, or pyrotechnics unless a fire protection agency, law enforcement agency or governmental agency having jurisdiction determines that onsite burning or detonation in place is the only reasonably available method for safely disposing of the material (E) Suppression of wildland fires, except those set by fire protection agencies, for the purpose of saving life or property (F) Complete burning of existing structures for fire prevention/ suppression training exercises (G) Beach burning (4) A person shall not commence: (A) Open burning for agricultural field crops before 10:00 a.m. or later than 5:00 p.m. (B) Open burning, other than for agricultural field crops, except as authorized in an approved Smoke Management Plan: (i) Earlier than one hour after sunrise (ii) Later than two hours before sunset, with no new ignition, or fuels added to an existing fire PAR 444-9 HB -73- Item 2. - 57 PAR 444 (Cont.) (Amended November 7, 2008) (March 13,2013 Version) (5) A. person shall use only approved ignition devices to ignite open burning. (6) A person shall not transport vegetative waste for the purpose of open burning from one property to another, unless it is necessary to avoid burning within 1,000 feet of a sensitive receptor. (7) Additional requirements for agricultural burning: (A) A person shall not conduct or allow the open burning of agricultural waste unless it has been allowed to dry for the following minimum times: (i) Trees and large branches (3 in. or greater): 6 weeks (ii) Prunings and small branches (1 in. to less than 3 in. diameter): 4 weeks (iii) Wastes from field crops that are cut in a green condition: 4 weeks (iv) Fine fuels(0.25 in. to less than I in. diameter): 3 weeks (v) Very fine fuels(less than 0.25 in.): 10 days (B) A person shall not conduct or allow the open burning of agricultural waste unless it is free of dirt, soil,and visible moisture. (C) A person shall ignite rice, barley, oat and wheat straw only by strip-firing or by backfiring into the wind unless a fire protection agency declares such actions would constitute a fire hazard. (D) A person shall not conduct or allow the open burning of agricultural waste unless a Burn Management Plan is approved in writing by the Executive Officer for any project greater than 10 acres or a project that produces more than one ton of particulate matter emissions, as determined using EPA AP-42 or equivalent emissions factors approved by the Executive Officer, GARB, and EPA. At a minimum, the Burn Management Plan shall contain the following information: (i) Location, types, and amounts of material to be burned (6) Expected duration of the fire from ignition to extinction (iii) Identification of responsible personnel, including telephone contacts PAR 444 - 10 Item 2. - 58 HB -74- PAR 444 (Cont.) (Amended November 7,2008) (March 13,2013 Version) (iv) Identification and location of all smoke sensitive areas (v) Calculation of the particulate emissions tonnage, when the particulate emissions tonnage is selected as the criteria for determining the project size (E) A person shall not conduct or allow the open burning of agricultural waste unless the burn is located farther than 1,000 feet from a sensitive receptor location. (8) Additional requirements for prescribed burning: (A) A person shall conduct or allow prescribed burning only when the fires are set by, under the jurisdiction of, or pursuant to the orders or requirements of fire protection agency. (B) A person shall not conduct or allow prescribed burning unless a Smoke Management Plan is approved in writing by the Executive Officer for any project greater than 10 acres or that produces more than one ton of particulate matter emissions, as determined using EPA AP-42 or equivalent emissions factors approved by the Executive Officer, CARB, and EPA. Smoke Management Plans shall be updated annually. At a minimum, the Smoke Management Plan shall contain the following information: (i) Location,types, and amounts of material to be burned (ii) Expected duration of the fire from ignition to extinction (iii) Identification of responsible personnel, including telephone contacts (iv) Identification and location of all smoke sensitive areas (v) Calculation of the particulate emissions tonnage (C) A person shall not conduct or allow prescribed burning unless a Smoke Management Plan is approved in writing by the Executive Officer for any project greater than 100 acres or that produces more than 10 tons of particulate matter emissions, as determined using EPA AP-42 or equivalent emissions factors approved by the Executive Officer, CARB, and EPA_ Smoke Management Plans shall be updated annually. At a minimum,the Smoke Management Plan shall contain the information required by subparagraph (d)(8)(B) and the following information: (i) Identification of meteorological conditions necessary for burning PAR 444- 11 xB -75- Item 2. - 59 PAR 444 (Cont.) (Amended November 7, 2008) (March 13,2013 Version) (ii) Smoke management criteria the land manager will use for making burn ignition decisions (iii) Projections, including a map, of where the smoke from burns is expected to travel both day and night (iv) Specific contingency actions (such as fire suppression or containment) that will be taken if smoke impacts occur or meteorological conditions deviate from those specified in the Smoke Management Plan (v) Evaluation of and consideration of emission reduction techniques including environmentally, economically, and logistically viable alternatives to burning (vi) Discussion of public notification procedures (D) The Executive Officer shall prioritize burn authorization requests based upon: (i) The level of training of the person conducting the burn as identified in the Burn Management Plan and Smoke Management Plan. (i1) The measures identified in the Smoke Management Plan proposed to reduce emissions, (E) Notwithstanding subparagraph (d)(1)(A), the Executive Officer may allow prescribed burning on marginal burn days, provided a Smoke Management Plan has been approved. (e) The Executive Officer may allow the Maximum Daily Burn Acreage for Agricultural Burning and Prescribed Burning as follows: (1) For all areas within the-District jurisdiction, excluding the Coachella Valley: (A) 175 acres for prescribed wildland and range burning; and (B) 175 acres for agricultural burning; (2) For the Coachella Valley: (A) 6 acres for prescribed wildland. and range burning; and (B) 41 acres for agricultural burning; and (3) The provisions of this subdivision, limiting the maximum daily acreage, shall not apply to prescribed burning when a land manager has: (A) Demonstrated that the prescribed burn is required to reduce a fire . hazard that jeopardizes public health or safety; and. PAR 444- 12 Item 2. - 60 xB -76- PAR 444 (Cont.) (Amended November 7,2008) March 13 2013 Version (B) Submitted a satisfactory Smoke Management Plan that has been approved by the Executive Officer. (f) Administrative Requirements (1) An Annual Post Burn Evaluation Report shall be submitted on or before January 3151 of each calendar year for any open burn projects that require a Smoke Management Plan or a Burn Management Plan. The Report shall include, but not be limited to, the following: (A) The type of material burned (B) The total acreage permitted to burn (C) The total acreage burned (D) The total tons of material burned (E) The estimated fuel loading in tons per acre s (F) The total of the estimated PM emissions (2) Fire Protection Agencies within the District must submit copies of written burn permits to the Executive Officer quarterly. (g) Fees If required by District Rule 306. any person conducting or allowing any open burning shall accompany the submittals required by subparagraphs (d)(7)(D), (d)(8)(B), (d)(8)(C), (h)(4)(C), and paragraph (f)(1) with applicable filing and evaluation fees pursuant to District Rule 306. (h) Exemptions (1) The provisions of paragraphs (d)(1) and (d)(4) of this rule shall not apply in the case of an imminent fire hazard, as defined in this Rule. (2) The provisions of subparagraphs(d)(1)(A), (d)(1)(B), (d)(1)(D) and clause (d)(1)(C)(ii) shall not apply to fire prevention/suppression training exercises or research,conducted by fire protection agencies, provided that: (A) For training exercises not conducted within existing structures: (i) Each training fire is limited to no more than 30 minutes duration, (ii) The total cumulative burn time in a 24-hour period does not exceed: (a) Four(4)hours for Light Fuel (b) Six (6) hours for Heavy Fuels or a mixture of Light and Heavy Fuels PAR 444- 13 H13 -77- Item 2. - 61 PAR 444 (Cont.) (Amended November 7,2008) (March 13,2013 Version) (iii) Only Authorized Ignition Fuels are used. (B) For training exercises conducted within existing structures, each training fire is limited to no more than 30 minutes in duration. (3) The provisions of subparagraphs(d)(1)(A), (d)(1)(B), (d)(1)(D) and clause (d)(1)(C)(ii) shall not apply to fire prevention/suppression training exercises or to product testing conducted by non-fire protection agencies provided that: (A) Each fire is limited to no more than 30 minutes in duration, (B) The total burn time does not exceed four (4) hours in a 24-hour period, and (C) Only Authorized Ignition Fuels are used. (4) The provisions of subparagraphs (d)(1)(A) and (d)(7)(E) of this rule shall not apply to open burning as an emergency measure to protect crops from . freezing provided that: (A) Open burning is the most immediate or only option available; (B) The temperature at the time of the requested open burning is reasonably anticipated to be below 406 Fahrenheit; (C) An Emergency Burn Plan submitted by the person seeking to. conduct open burning is approved by the Executive Office prior to conducting the burn. The Plan shall include, but not be limited to, the following: (i) Location, types, and amounts of material to be burned (ii) Type of crop being protected (iii) Estimate of potential economic loss (iv) Expected dates, time, and duration of the fire from ignition to extinction (v) Identification of responsible personnel, including telephone contacts (vi) Identification and location of all smoke sensitive areas (D) All site-specific conditions imposed by the Executive Officer as part of the approved Emergency Burn Plan are met; and (E) The person conducting the open burn shall notify the Executive Officer no more than 24 hours following the authorized burn to report the total amount of agricultural material burned. (5) The provisions of this rule shall not apply to: PAR 444- 14 Item 2. - 62 xB -78- PAR 444 (Cont) (Amended November 7,2008) (March 13,2013 Version) (n) no r t l fi 1+PYP lfires, ifieludiag fires eendueted for-the puFpese of-. (A G) Open burning located on islands 15 miles or more from the mainland coast. (B P) Fireworks displays. (C€) Pyrotechnics used for creation of special effects at theme parks. (D F) Detonation of explosives during: (i) Quarry or mining operations (ii) Bomb disposal by a law enforcement agency (iii) Demolition of buildings or structures (E C)The use of pyrotechnics, detonation of explosives, or fire effects for creation of special effects during theatrical productions, filming of motion pictures, videotaping of television programs or other commercial filming or video production activities provided that: (i) Each fire effect is limited to no more than 30 minutes in duration, and (ii) The fuel is untreated wood, charcoal, or Authorized Ignition Fuels. (6) Except for the requirements of subparagraph (d)(3) the provisions of this rule shall not apply to: (A) Recreational fires or ceremonial fires, including fires conducted pursuant to United States Code,Title 4, Chapter_l,_Section 8. (B) Open burning of natural gas.propane untreated wood or charcoal for the purpose of: (i) Preparation or warming of food for human consumption, or (ii) Generating warmth at a social gathering. PAR 444- 15 HB -79- Item 2. - 63 I CD N C� .p WWI Coast Air Quality Management District _ipe�� . Sarnr Source-Receptor Areas for Forecasting and Reporting Air Quality o yCIA; S nanda Big Bear 36 '•r � z=.*..xe � Gastlirjq 37 n a a Monica =•4,, g L, r.,awaYi�e s wy - ipa er a SR W 140to alU r T! Banning R ` ch .4rrris —'et a u a � 25 : a M S �F -P cc la w South Coast Air Basin usswxaxrsnss mom .......... © C' Source-Receptor Area Boundaryw � County Boundary Major Highways c a 00 City of Huntington Beach 2000!WAIN STREET,HUNTINGTON BEACH,CALIFORNIA 92648 O:(744)536-5576 F:(714)636-5233 r CONNIE BOARDMAN,MAYOR March 22, 2013 Governing Board South Coast Air Quality Management District 21865 Copley Drive Diamond Bar, CA 91765 RE: Letter Opposing Rule 444 Amendment Dear Ladies and Gentlemen.- On behalf of the City of Huntington Beach and as supporter of a recreational activity that supports our residents, our visitors, and our economy, I am writing in strong opposition to the amendment of Rule 444 to add beaches to the list of prohibited areas for open fire burning. Doing so will diminish the passive and affordable recreational opportunities for millions and greatly impact our local economy. The City of Huntington Beach receives more than 11 million visitors annually. While not all of those visitors participate in recreational fires on our beach areas, a large majority visit our beaches solely for that purpose. We estimate that these visitors generate more than $1 million annually in revenue through parking fees, sales tax from local shopping, and Transient Occupancy Tax from overnight stays. Huntington Beach has offered fire rings to visitors for over 60 years and has more fire rings than any other beach city in Orange and Los Angeles Counties. The fire rings on our beaches are a major part of this city's character and tradition. Visitors come to our beaches in the early morning hours to reserve fire rings for the evening. The concept of a warm open fire evokes a sense of family and special memories for many generations. A few years ago, as a way to reduce maintenance costs at the beach, the city considered removing some of the fire rings. Our residents were outraged. The proposal was dropped. Because Huntington Beach has approximately half of all of the beach fire rings in Orange and Los Angeles Counties, prohibiting open fire on beaches will impact the City of Huntington Beach more than any other beach city_ California cities have suffered the loss of millions in dollars in revenue over the past several years during the downturn in the economy. The loss in revenue as a result of this action will further delay our city's recovery. In closing, we urge you to seriously consider the impacts this action will have on local economies. Further, please consider that each jurisdiction is different with respect to potential impacts from wood burning smoke_ For instance, some cities have residential units within close proximity to their beaches. That is not the case with Huntington Beach. To consider this rule amendment under such a broad prohibition makes no sense. Sincerely, Connie Boardman Mayor HB -81- Item 2. - 65 CC: Dana Rohrabacher, US Congressman, District 48 Mimi Walters, CA State Senator, District 37 Allan Mansoor, CA State Assemblyman, District 74 HS Chamber of Commerce Board of Directors HB Marketing &Visitor Bureau Huntington Beads City Council Members Fred A.Wilson, City Manager Tracy Goss,AQMD Program Supervisor . 2 Item 2. - 66 HB -82- City Of Huntington Beach 2000 Main Street a Huntington Beach, CA 92648 (714) 536-5227 4 www.huntington eachca.gov FE-8`7J 7998,a�` e Office of the City Clerk t Joan L. Flynn, City Clerk April 17, 2013 South Coast Air Quality Management District ATTN: Clerk of the Board, Saundra McDaniel 21865 Copley Drive Diamond Bar, CA 91765 Dear Ms. McDaniel: Enclosed please find a certified copy of Resolution No. 2013-14, entitled "A Resolution of the City Council of the City of Huntington Beach Opposing the South Coast Air Quality Management District's (SCAQMD) Proposed Amended Rule 444 Prohibiting Open Burning On Beaches." Sincerely, JoaW L. Flynn City Clerk JF:pe Enclosure G:followup:aarmtltr Sister Cities: Anjo, Japan ♦ Waitakere,New Zealand City of Huntington Beach 2000 Main Street o Huntington Beach, CA 92648 (714) 536-5227 ♦ www.huntingtonbeachca.gov £B"� 190g P°tt a Office of the City Clerk ® Joan L. Flynn, City Clerk April 17, 2013 South Coast Air Quality Management District 1500 W. Carson St. #115 Long Beach, CA 90810-1401 To Whom It May Concern: Enclosed please find a certified copy of Resolution No. 2013-14, entitled "A Resolution of the City Council of the City of Huntington Beach Opposing the South Coast Air Quality Management District's (SCAQMD) Proposed Amended Rule 444 Prohibiting Open Burning On Beaches." Sincerely, k. Jdan L. Flynn City Clerk JF:pe Enclosure G:fo11owup:agrmt1tr Sister Cities: Anjo;Japan ♦ Waitakere, New Zealand City ®f Huntington Beach 2000 Main Street ♦ Huntington Beach, CA 92648 (714) 536-5227 ♦ www.huntingtonbeachea.gov FFB 7 19D9-:P� - Office of the City Clerk g Joan L. Flynn, City Clerk April 17, 2013 South Coast Area Office California Coastal Commission 200 Oceangate, loth Floor Long Beach, CA 90802-4302 To Whom It May Concern: Enclosed please find a certified copy of Resolution No. 2013-14, entitled "A Resolution of the City Council of the City of Huntington Beach Opposing the South Coast Air Quality Management District's (SCAQMD) Proposed Amended Rule 444 Prohibiting Open Burning On Beaches." Sincerely, Joan L. Flynn City Clerk JF:pe Enclosure G:followup:agrmtltr Sister Cities: Anjo,Japan ♦ Waitakere,New Zealand