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HomeMy WebLinkAbout01-13-2014 LaPA Agenda Monday, January 13, 2014 a 8:00 A.M. Orange County Sanitation District Administration Building Legislative and Public Conference Room A& B Affairs Special Committee 10844 Ellis Avenue Fountain Valley, CA 714 593-7130 COMMITTEE MEMBERS: Troy Edgar (Los Alamitos) Tom Beamish (La Habra) David Benavides (Santa Ana) John Nielsen (Tustin) Brad Reese (Villa Park) John Withers (IRWD) AGENDA PLEDGE OF ALLEGIANCE: DECLARATION OF QUORUM: PUBLIC COMMENTS: If you wish to speak, please complete a Speakers Form and give it to the Clerk of the Board. Speakers are requested to limit comments to three minutes. REPORTS: The Committee Chair and the General Manager may present verbal reports on miscellaneous matters of general interest to the Committee Members. These reports are for information only and require no action by the Committee. • Washington D.C. Trip Report • OCSD 601h Anniversary California Legislative Floor Recognition, Sacramento CONSENT ITEMS: 1. Approve minutes for the Committee meeting held on December 9, 2013. 01/10/14 Legislative and Public Affairs Special Committee Page 1 of 2 INFORMATIONAL ITEMS: 2. State Legislative Affairs 3. Federal Legislative Affairs OTHER BUSINESS AND COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS, IF ANY: ADJOURNMENT: The next Legislative and Public Affairs Special Committee meeting is scheduled for Monday, February 10, 2014, at 8:00 a.m. Accommodations for the Disabled: Meeting Rooms are wheelchair accessible. If you require any special disability related accommodations, please contact the Orange County Sanitation District Clerk of the Board's office at (714)593-7130 at least 72 hours prior to the scheduled meeting. Requests must specify the nature of the disability and the type of accommodation requested. Agenda Posting: In accordance with the requirements of California Government Code Section 54954.2,this agenda has been posted outside the main gate of the Sanitation District's Administration Building located at 10844 Ellis Avenue, Fountain Valley, California, not less than 72 hours prior to the meeting date and time above. All public records relating to each agenda item, including any public records distributed less than 72 hours prior to the meeting to all, or a majority of the Board of Directors, are available for public inspection in the office of the Clerk of the Board. NOTICE TO DIRECTORS: To place items on the agenda for the Committee Meeting, items must be submitted to the Clerk of the Board 14 days before the meeting. Maria E.Ayala Clerk of the Board (714)593-7130 mavalaOmsd.com For any questions on the agenda,Committee members may contact staff at: General Manager James D. Herberg (714)593-7110 iherbem0ocsd.com Assistant General Manager Bob Ghirelli (714)593-7400 rahirelli(clmsd.com 0111314 Legislative and Public Affairs Special Committee Page 2 of ITEM NO. 1 MINUTES LEGISLATIVE AND PUBLIC AFFAIRS SPECIAL COMMITTEE MEETING Orange County Sanitation District The Legislative and Public Affairs Special Committee meeting convened on Monday, December 9, 2013, at 8:08 a.m. in the Administration Building of the Orange County Sanitation District. A quorum was declared present, as follows: COMMITTEE MEMBERS STAFF PRESENT PRESENT: Jim Herberg, General Manager Troy Edgar, Board Chair Bob Ghirelli, Assistant General Brad Reese, Administration Committee Manager Chair Nick Arhontes, Director of Facilities John Withers, Administration Support Services Committee Vice-Chair Nick Kanetis, Director of Engineering David Benavides, Director Jeff Reed, Director of Human Resources Lorenzo Tyner, Director of Finance & Administrative Services COMMITTEE MEMBERS ABSENT: Kelly Lore, Administrative Assistant John Nielsen, Operations Committee Jim Colston Vice-Chair Faviola Miranda Joe Shaw, Director VACANT, Board Vice-Chair OTHERS PRESENT: Heather Stratman, Townsend Public Affairs David French, ENS Resources (via teleconference) PUBLIC COMMENTS: None. REPORTS: General Manager, Jim Herberg, reported on his participation as a panelist at the Water Infrastructure Town Hall meeting hosted by Assemblywoman Sharon Quirk- Silva, held on December 3rd, regarding 2014 Water Bond. Mr. Herberg stated that OCSD's message of recycling and of our accomplishments over the last few years was very well received. Minutes of the Legislative and Public Affairs Special Committee December 9, 2013 Page 2 of 3 Director Withers reported that he attended the ACWA conference on December 3- 6, 2013, and stated that Assembly Member Anthony Rendon (Lakewood), Chair of the Assembly Water, Parks and Wildlife Committee, provided a keynote speech at the conference and is a point of contact for the Water Bond. It was the consensus of the Committee to extend an invitation to the Assemblyman to visit the District in the near future. CONSENT ITEMS: 1. MOVED, SECONDED, and DULY CARRIED: Approve the corrected minutes for the Committee meeting held on November 12, 2013. INFORMATIONAL ITEMS: 2. 601h Anniversary - Faviola Miranda Faviola Miranda, Senior Public Affairs Specialist, distributed OCSD's 601' Anniversary Communications Plan to the Committee; introduced the 60" Anniversary Logo and briefly discussed the theme, budget, objectives and strategies of the plan. The Committee discussed and offered suggestions regarding: giveaways; sponsorships; the importance of prioritization of the intended audience and OCSD's intended message; a coffee table book and a VIP reception. 3. State Legislative Affairs Heather Stratman, Townsend Public Affairs, provided a political and legislative update of the past month. She stated that Senator Huff had taken the proposed legislative language to amend the District Act to Legislative Counsel for consideration, and that a bill should be introduced on February 22, 2014. Ms. Stratman further updated the Committee on: LAO's $5.6 Billion Surplus and unfunded retirement pension liability concerns. Director Withers left the meeting at 8:40 a.m. 4. Federal Legislative Affairs David French, ENS Resources, joined the meeting via teleconference. He provided a federal update on the following: federal government shutdown; federal budget; Water Resource Development Act (WRDA); Farm Bill; and a US Bureau of Reclamation-Grant Opportunity. Minutes of the Legislative and Public Affairs Special Committee December 9, 2013 Page 3 of 3 Jim Colston, Environmental Compliance-Regulatory Affairs Manager, provided a brief summary of the recent meeting with Cymantha Atkinson, Government & Community Relations for the County of Orange, in regards to public relations and outreach between the District and the County. OTHER BUSINESS AND COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS, IF ANY: Chair Edgar requested that Ms. Stratman provide an update on LAFCO at a future meeting. ADJOURNMENT: The Chair declared the meeting adjourned at 8:50 a.m. Submitted by: Kelly A. Lore Secretary Pro Tern LEGISLATIVE AND PUBLIC AFFAIRS SPECIAL COMMITTEE N1eeling Dace Item AGENDA REPORT Number z Orange County Sanitation District FROM: James D. Herberg, General Manager Originator: Heather Dion Stratman, Townsend Public Affairs GENERAL MANAGER'S RECOMMENDATION Information Only. SUMMARY State Legislative and Political Update The Legislature returned on Monday, January 6 to begin the 2014 legislative session. The 2014 session is slated to be busy with carry-over legislation from 2013, newly introduced legislation, disputes over the how to manage the financial windfall of 2013, ballot measures and the November election. The proposed water bond will also need to be dealt with. Currently there are three measures on the table for discussion including the bond that has been in place since 2009, SB 42 (Wolk), and AB 1331 (Rendon). In order to amend the bond that is in place or to move the proposed bond from the 2014 November ballot, a two-thirds vote will be required. All three measures have funding included for water recycling infrastructure at varying amounts from $1 billion-$250 million. These funds would be distributed through competitive grants and would require administrative guidelines to implement the grant programs. CEQA reform will also be a reemerging issue in 2014. The Association of California Water Agencies (ACWA) and the California Municipal Utility Association are partnering to craft a legislative proposal that would exempt portions of recycled water pipelines from CEQA. There is similar statue related to natural gas pipelines. The legislation is in very early stages and there has not been an author identified yet. There has also been discussion of including additional policy changes to CEQA that are beneficial to the water community. ACWA and other stakeholders are still brainstorming what those other goals may be. CASA will also likely be a partner in the proposed legislation. The Legislature has several deadlines to meet between now and mid-February. For the purposes of the Orange County Sanitation's District Act bill, the legislation was finalized by Legislative Counsel just after the New Year and must be introduced by February 22ntl. The legislation could be introduced sooner than February 22"tl. At the point the bill is introduced it will receive its first policy committee hearing date. The bill must be heard in policy committee no later than May 91h and reported out to the Senate floor for Page 1 of 2 a vote. From there the bill will travel to the Assembly to complete the same cycle, before being sent back to the Senate for final concurrence. We will be seeking co-authors from the Orange County Delegation to sign on in support of the bill, from both the Senate and the Assembly. Additionally, we will be seeking letters of support from members of the local government community including, but not limited to, the Yorba Linda Water District, City of Yorba Linda, Orange County Business Council, Association of Orange County Cities, and others. Additional Items of Interest • As follow up to OCSD's state and federal lobbying team meeting with the County of Orange Legislative staff, Cymantha Atkinson, will be attending the February 10" LaPA meeting to introduce herself to the Board Members and give a short presentation on the County's legislative goals and partnership efforts. • OCSD's District Act legislation was finalized right after the New Year. However, as of this writing the formal bill was not ready for distribution. Staff will provide a hard copy of the legislation as a handout at the January 13� meeting. • Additional outreach meetings to the Orange County Delegation are being scheduled and will include: o Senator Mimi Walters o Assembly Member Allen Mansoor o Assembly Member Travis Allen o Assembly Member Don Wagner o Assembly Member Curt Hagman o Assembly Member Tom Daly PRIOR COMMITTEE/BOARD ACTIONS N/A ADDITIONAL INFORMATION N/A ATTACHMENTS N/A Page 2 of 2 ITEM NO. 3 Li �V RESOURCES MEMORANDUM TO: Jim Colston FROM: Eric Sapirstein DATE: January 3, 2014 SUBJECT: Washington Update The past month saw congressional action limited to the adoption of a two-year budget agreement that establishes overall spending for domestic and defense spending. As a result, it is expected that a final fiscal year 2014 spending bill will be finalized and approved by January 15 when the present stopgap funding bill expires. For fiscal year 2015, the appropriations process should be more predictable given the framework created for overall spending. For the District, the situation may improve prospects for Congress to provide federal agencies with spending priorities for fiscal year 2015. This has been absent over the past several years because of the lack of a federal budget. Because of the shortened month, due to the adjournment of the first session of the 113TH Congress, activities that did occur were a function of setting the agenda for the second session that commences January 7. Nonetheless, a number of activities occurred of direct interest to the District. Fiscal Year 2014 Appropriations The House and Senate Committees on Appropriations began the task of assembling a proposed package of agency spending bills to support programs through September 30, 2014. The package would form the foundation of an omnibus spending bill. This bill must be approved by Congress and sent to the President for enactment not later than January 15 to avoid a government-wide shutdown. For the District, the proposed spending package would lessen, if not eliminate, the need for a second round of sequestration cuts. This is important because it means that ENS Resources,Inc. 110114th Street.N.W.,Suite 350 Washington,D.C.20005 Phone 202.46G37S5/Te1efxx 202.466.3787 reductions in Build America Bonds subsidy payments should not be required. In addition, it appears that the House Committee on Appropriations' effort to impose draconian reductions in federal water infrastructure assistance programs will not materialize as the budget agreement provides enough latitude to avoid such cuts. It seems increasingly likely that any agreement to support the Clean Water Act SRF program and related infrastructure assistance will be closer to a billion dollars instead of the House mark of $250 million. Additionally, the ongoing drought throughout the west should provide the basis to maintain funding of programs that support the development of alternative water supply projects; something the District has identified as an area of interest. WRDA Renewal Delayed by Disagreements on Alternative Infrastructure Financing Prospects that a conference committee would succeed by year's end to rewrite WRDA evaporated last month. The issues surrounding new approaches to authorizing projects and the creation of a Water Infrastructure Financing and Innovation Act (WIFIA) posed the largest challenges. Senate and House WRDA bills' provisions that would enhance environmental restoration efforts and flood protection that could support the District's program to restore the Santa Ana River appear to have been reconciled. This would allow the District to pursue support once the measure is enacted. Enactment of WIFIA remains a large issue of concern. First, the provision to preclude the use of traditional tax-exempt financing in conjunction with WIFIA loan guarantees has led to strong stakeholder opposition of the provision. The precedence it would create to eliminate local agency funding of projects, using traditional tax-exempt bonds is the basis of the opposition. Second, the House conference committee members continue to demand that such innovative financing policy should be part of a comprehensive wastewater infrastructure assistance rewrite that could begin during the second session. Finally, the Administration has issued a formal statement of opposition to WIFIA, citing a concern that the approach is inefficient. Instead, the White House is seeking to have Congress pass separate legislation to create an infrastructure bank Senator Barbara Boxer continues to make adoption of WIFIA a top priority of the WRDA conference. At this stage it appears that any final WRDA bill that includes a WIFIA concept will need to be scaled-backed to address costs of the new program in addition to funding levels of the overall bill. Additionally,it is assumed that the elimination of prohibition on the use of tax-exempt financings for WIFIA supported projects would be a requirement also. Wastewater and Water Infrastructure Financing Assistance The growing number of bills introduced over the past session points to a smorgasbord of options to develop a new national response to the growing gap between local agency resources and the demand for capital assistance to comply ENS Resources,Inc. 110114th Street.N.W.,Suite 350 Washington,D.C.20005 Phone 202.466.3755/Telehx 202.466.3787 with federal mandates. Consequently, as the budget for fiscal year 2015 is developed in the coming months,the District should anticipate that efforts would be made to create pilot programs to spur investment in infrastructure. Among the pending proposals that may find their way into the discussion are: infrastructure banks, bond interest rates subsidies, loan guarantees, and a renewal of the SRF program with an emphasis on green technologies. On this last option, it appears that a growing interest exists to consider developing a set aside of the SRF program assistance to support green technologies that could support development of alternative energy from POTWs. Affordability Mandates and Compliance As Congress adjourned in December,the finalization of legislation to revise the way in which USEPA defines whether communities are committing adequate resources through rate setting was underway. The bill may have an impact on the District's process of setting rates because the legislation seeks among other efforts to target decisions based upon communities within a service area rather than the entire service area income threshold. Once the legislation is introduced in January, the District should consider taking a position on the measure, providing input on any necessary amendments to address its concerns. WaterSMART Program The District's Board Chair and General Manager will be meeting with senior U.S. Bureau of Reclamation officials in Washington to discuss the concept of a feasibility study at Plant 1 to promote efficient and effective water recycling. The Bureau has issued a call for proposals under its WaterSMART program and the meeting is the first step in developing a response. ENS Resources,Inc. 110114th Street.N.W.,Suite 350 Washington,D.C.20005 Phone 202.466.3755/Telehx 202.466.3787 ORANGE COUNTY SANITATION DISTRICT Agenda Terminology Glossary AQMD Air Quality Management District ASCE American Society of Civil Engineers BOO Biochemical Oxygen Demand CARB California Air Resources Board CASA California Association of Sanitation Agencies CCTV Closed Circuit Television CEQA California Environmental Quality Act CRWQCB California Regional Water Quality Control Board CWA Clean Water Act CWEA California Water Environment Association EIR Environmental Impact Report EMT Executive Management Team EPA U.S. Environmental Protection Agency FOG Fats, Oils, and Grease FSSD Facilities Support Services Department gpd Gallons per day GWR System Groundwater Replenishment System (also called GWRS) LOS Level of Service MGD Million gallons per day NACWA National Association of Clean Water Agencies NPDES National Pollutant Discharge Elimination System NWRI National Water Research Institute O&M Operations and Maintenance OCCOG Orange County Council of Governments OCHCA Orange County Health Care Agency OCSD Orange County Sanitation District OCWD Orange County Water District OOBS Ocean Outfall Booster Station OSHA Occupational Safety and Health Administration POTW Publicly Owned Treatment Works ppm Parts per million RFP Request For Proposal RWQCB Regional Water Quality Control Board SARFPA Santa Ana River Flood Protection Agency SARI Santa Ana River Inceptor SARWQCB Santa Ana Regional Water Quality Control Board SAWPA Santa Ana Watershed Project Authority SCADA Supervisory Control and Data Acquisition system SCAP Southern California Alliance of Publicly Owned Treatment Works SCAQMD South Coast Air Quality Management District SOCWA South Orange County Wastewater Authority SSMP Sanitary Sewer Management Plan SSO Sanitary Sewer Overflow SWRCB State Water Resources Control Board TDS Total Dissolved Solids TMDL Total Maximum Daily Load TSS Total Suspended Solids WDR Waste Discharge Requirements WEF Water Environment Federation WERF Water Environment Research Foundation Activated-sludge process — A secondary biological wastewater treatment process where bacteria reproduce at a high rate with the introduction of excess air or oxygen, and consume dissolved nutrients in the wastewater. Biochemical Oxygen Demand (BOD)—The amount of oxygen used when organic matter undergoes decomposition by microorganisms. Testing for BOD is done to assess the amount of organic matter in water. Biosolids — Biosolids are nutrient rich organic and highly treated solid materials produced by the wastewater treatment process. This high-quality product can be recycled as a soil amendment on farm land or further processed as an earth-like product for commercial and home gardens to improve and maintain fertile soil and stimulate plant growth. Capital Improvement Program (CIP) — Projects for repair, rehabilitation, and replacement of assets. Also includes treatment improvements, additional capacity, and projects for the support facilities. Coliform bacteria—A group of bacteria found in the intestines of humans and other animals, but also occasionally found elsewhere used as indicators of sewage pollution. E. coli are the most common bacteria in wastewater. Collections system — In wastewater, it is the system of typically underground pipes that receive and convey sanitary wastewater or storm water. Certificate of Participation (COP) — A type of financing where an investor purchases a share of the lease revenues of a program rather than the bond being secured by those revenues. Contaminants of Potential Concern (CPC) — Pharmaceuticals, hormones, and other organic wastewater contaminants. Dilution to Threshold (DR) — the dilution at which the majority of the people detect the odor becomes the D(f for that air sample. Greenhouse gases — In the order of relative abundance water vapor, carbon dioxide, methane, nitrous oxide, and ozone gases that are considered the cause of global warming ("greenhouse effect'). Groundwater Replenishment (GWR) System — A joint water reclamation project that proactively responds to Southern California's current and future water needs. This joint project between the Orange County Water District and the Orange County Sanitation District provides 70 million gallons a day of drinking quality water to replenish the local groundwater supply. Levels of Service (LOS)—Goals to support environmental and public expectations for performance. NOMA— N-Nitrosodimethylamine is an N-nitrosoamine suspected cancer-causing agent. It has been found in the Groundwater Replenishment System process and is eliminated using hydrogen peroxide with extra ultra-violet treatment. National Biosolids Partnership (NBP) — An alliance of the National Association of Clean Water Agencies (NACWA) and Water Environment Federation (WEF), with advisory support from the U.S. Environmental Protection Agency (EPA). NBP is committed to developing and advancing environmentally sound and sustainable biosolids management practices that go beyond regulatory compliance and promote public participation in order to enhance the credibility of local agency biosolids programs and improved communications that lead to public acceptance. Plume—A visible or measurable concentration of discharge from a stationary source or fixed facility. Publicly-owned Treatment Works (POTW)— Municipal wastewater treatment plant. Santa Ana River Interceptor (SARI) Line — A regional brine line designed to convey 30 million gallons per day (MGD) of non-reclaimable wastewater from the upper Santa Ana River basin to the ocean for disposal, after treatment. Sanitary sewer — Separate sewer systems specifically for the carrying of domestic and industrial wastewater. Combined sewers carry both wastewater and urban run-off. South Coast Air Quality Management District (SCAQMD) — Regional regulatory agency that develops plans and regulations designed to achieve public health standards by reducing emissions from business and industry. Secondary treatment — Biological wastewater treatment, particularly the activated-sludge process, where bacteria and other microorganisms consume dissolved nutrients in wastewater. Sludge—Untreated solid material created by the treatment of wastewater. Total suspended solids (TSS)—The amount of solids floating and in suspension in wastewater. Trickling filter — A biological secondary treatment process in which bacteria and other microorganisms, growing as slime on the surface of rocks or plastic media, consume nutrients in wastewater as it trickles over them. Urban runoff — Water from city streets and domestic properties that carry pollutants into the storm drains, rivers, lakes, and oceans. Wastewater—Any water that enters the sanitary sewer. Watershed —A land area from which water drains to a particular water body. OCSD's service area is in the Santa Ana River Watershed.