HomeMy WebLinkAbout04-09-2018 Legislative Committee Meeting Agenda04/09/2018 Legislative and Public Affairs Committee Page 1 of 3
Orange County Sanitation District
Meeting of the LEGISLATIVE AND PUBLIC AFFAIRS COMMITTEE
Monday, April 9, 2018 3:30 P.M. Administration Building Board Room
10844 Ellis Avenue Fountain Valley, CA (714) 593-7433
AGENDA
PLEDGE OF ALLEGIANCE:
DECLARATION OF QUORUM:
PUBLIC COMMENTS: If you wish to address the Committee on any item, please complete a Speaker’s
Form (located at the table at the back of the room) and submit it to the Clerk of the Board or notify the Clerk of
the Board the item number on which you wish to speak. Speakers will be recognized by the Chairman and 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. CONSENT CALENDAR: Consent Calendar Items are considered to be routine and will be enacted, by
the Committee, after one motion, without discussion. Any items withdrawn from the Consent Calendar for separate discussion will be considered in the regular order of business. 1. APPROVAL OF MINUTES (Clerk of the Board)
RECOMMENDATION: Approve minutes for the Committee meeting held on March 12, 2018. 2. SUPPORT SENATE BILL 929 (Bob Ghirelli)
RECOMMENDATION: Approve letter of support for Senate Bill 929 – Special districts: Internet Web sites (McGuire). 3. SUPPORT, IF AMENDED, ASSEMBLY BILL 2379 (Bob Ghirelli)
RECOMMENDATION: Approve letter of support, if amended, for Assembly Bill 2379 – Waste management: polyester microfiber (Bloom). 4. SUPPORT HOUSE OF REPRESENTATIVES BILL 5127 (Bob Ghirelli)
RECOMMENDATION: Approve letter of support for House of Representatives Bill 5127 – Water Recycling Investment and Improvement Act (Napolitano).
04/09/2018 Legislative and Public Affairs Committee Page 2 of 3
NON-CONSENT CALENDAR: 5. AB 967: DISPOSAL OF HUMAN REMAINS VIA WATER CREMATION (Jim Colston)
RECOMMENDATION: Recommend to the Board of Directors to: Direct staff to prepare amendments to the Orange County Sanitation District’s (Sanitation District) Wastewater Discharge Regulations Ordinance No. OCSD-48 for consideration by the Board of Directors prohibiting the direct or indirect receipt of hydrolysate into the Sanitation District’s sewerage system.
INFORMATION ITEMS: 6. LEGISLATIVE AFFAIRS UPDATE (Rebecca Long)
7. COMMUNITY OUTREACH FOR CONSTRUCTION OF THE STATE COLLEGE SEWER PROJECT IN ANAHEIM (Jennifer Cabral) 8. PUBLIC AFFAIRS UPDATE (Jennifer Cabral)
OTHER BUSINESS AND COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS, IF ANY:
ADJOURNMENT: The next Legislative and Public Affairs Committee meeting is scheduled for Monday, May 14, 2018 at 12:00 p.m.
04/09/2018 Legislative and Public Affairs Committee Page 3 of 3
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) 593-7433 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, and on the Sanitation District’s website at www.ocsd.com, 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. Agenda Description: The agenda provides a brief general description of each item of business to be considered or discussed. The recommended action does not indicate what action will be taken. The Board of Directors may take any action which is deemed appropriate. 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. Kelly A. Lore Clerk of the Board (714) 593-7433 Klore@ocsd.com For any questions on the agenda, Committee members may contact staff at: General Manager James D. Herberg (714) 593-7300 jherberg@ocsd.com Assistant General Manager Bob Ghirelli (714) 593-7400 rghirelli@ocsd.com Assistant General Manager Rob Thompson (714) 593-7310 rthompson@ocsd.com Director of Environmental Services James Colston (714) 593-7450 jcolston@ocsd.com
Public Affairs Supervisor Jennifer Cabral (714) 593-7581 jjcabral@ocsd.com Senior Public Affairs Specialist Rebecca Long (714) 593-7444 rlong@ocsd.com
03/12/2018 Legislative and Public Affairs Committee Minutes Page 1 of 4
MINUTES OF THE LEGISLATIVE AND PUBLIC AFFAIRS COMMITTEE
Orange County Sanitation District Monday, March 12, 2018 at 12:00 p.m.
A meeting of the Legislative and Public Affairs Committee was called to order by Chair Sebourn on Monday, March 12, 2018 at 12:01 p.m. in the Administration Building of the Orange County Sanitation District. Director Donald Wagner led the pledge of allegiance.
A quorum was declared present, as follows:
COMMITTEE MEMBERS PRESENT: Greg Sebourn, Board Chair
David Shawver, Board Vice-Chair
Allan Bernstein, Member-At-Large Peter Kim, Member-At-Large Donald P. Wagner, Member-At-Large Chad Wanke, Member-At-Large
John Withers, Member-At-Large
COMMITTEE MEMBERS ABSENT: None
STAFF PRESENT: Jim Herberg, General Manager
Bob Ghirelli, Assistant General Manager
Rob Thompson, Assistant General Manager Celia Chandler, Director of Human Resources Jim Colston, Director of Environmental Services Ed Torres, Director of Operations &
Maintenance
Lorenzo Tyner, Director of Finance & Administrative Services Tina Knapp, Deputy Clerk of the Board Kathryn Beechinor
Jennifer Cabral
Al Garcia Rebecca Long Kelly Newell Man Nguyen
OTHERS PRESENT: Brad Hogin, General Counsel Eric O’Donnell, Townsend Public Affairs David French, ENS Resources (via
teleconference)
PUBLIC COMMENTS:
None.
REPORT OF COMMITTEE CHAIR:
Board Vice-Chair Shawver reported on the recent honor of receiving recognition in
Sacramento for the 10th anniversary of the Groundwater Replenishment System. Vice-Chair Shawver also reported that it was a successful lobbying trip and contact was made with key legislators. Vice-Chair Shawver indicated that he will be departing the meeting early.
ITEM NO. 1
03/12/2018 Legislative and Public Affairs Committee Minutes Page 2 of 4
REPORT OF GENERAL MANAGER:
General Manager Jim Herberg reported on outreach made pertaining to the proposed rate increase and perceived responses to same. Director Withers suggested writing an op-ed piece providing the reasoning for the rate increase and what services OCSD provides to the public that can be further achieved through the increase. Vice-Chair Shawver
suggested doing this after the proposed rates are adopted.
CONSENT CALENDAR:
1. APPROVAL OF MINUTES (Clerk of the Board)
MOVED, SECONDED, and DULY CARRIED TO: Approve minutes for the Committee meeting held on February 5, 2018.
AYES: Bernstein, Kim, Sebourn, Shawver, Wagner, Wanke,
and Withers
NOES: None
ABSTENTIONS: None ABSENT: None Board Vice-Chair Shawver departed the meeting at 12:07 p.m.
NON-CONSENT CALENDAR: None.
INFORMATION ITEMS: 2. LEGISLATIVE AFFAIRS UPDATE (Rebecca Long)
Rebecca Long, Senior Public Affairs Specialist, reported on the CASA Federal legislative meeting in Washington, DC that she and Jim Colston, Director of Environmental Services, recently attended. Mr. Colston reported on a couple of items that he learned during the meeting: the EPA continues to work towards a
better rule pertaining to effluent toxicity testing and has also been focusing on the
science and tools needed to support the land application of biosolids and the screening needed. Ms. Long introduced David French, ENS Resources, who reported on the following
items: Senator Feinstein’s staff asked OCSD to consider submitting programmatic
appropriations requests in support of OCSD priorities and activities for further review in the next round of appropriations, work continues on last year’s appropriations process and developing an omnibus spending bill which should allow for grant funding for grants that were previously awarded, and this past week
03/12/2018 Legislative and Public Affairs Committee Minutes Page 3 of 4
Representative Napolitano introduced the Water Recycling Investment and
Improvement Act (H.R. 5127). Mr. French continued by summarizing the key
elements of H.R. 5127 that are of interest to OCSD. Mr. French indicated that meetings are being scheduled for the lobby days in Washington, DC in April. Eric O’Donnell, Townsend Public Affairs (TPA), provided an informative PowerPoint
presentation that began with reviewing the key dates of the 2018 legislative session
and other general information pertaining to this legislative session and recent activity regarding long term water conservation regulations (SB 606/AB 1668). Board Chair Sebourn expressed the importance of the legislature acknowledging the differences between potable reuse and recycling for irrigation use as it pertains
to these water conservation regulations and credits offered.
Mr. O’Donnell continued his presentation by reviewing SB 212 (Jackson) which would define home-generated pharmaceutical waste in an effort to reduce harmful disposal practices. OCSD supports SB 212 (Jackson) and will be part of working
group that will be convened regarding this legislation.
Mr. O’Donnell’s presentation also provided an update on SB 831 (Wieckowski) which would eliminate all local agency, school district, special district, and water corporation fees for an Accessory Dwelling Unit (ADU). The Committee discussed
components of this bill and indicated it would be appropriate for OCSD to oppose
this bill, action which is consistent with the Legislative and Regulatory Plan adopted by the Board of Directors. Mr. O’Donnell continued by providing an update on AB 2003 (Daly) which is the
legislation sponsored by OCSD. This legislation should be heard in April. Mr.
O’Donnell also reviewed the advocacy strategy pertaining to this legislation and support and opposition received thus far.
The Board Chair reordered the agenda and Item No. 4 was presented prior to Item No. 3.
4. GROUNDWATER REPLENISHMENT SYSTEM 10TH ANNIVERSARY RECAP (Rebecca Long)
Ms. Long provided a PowerPoint presentation that recapped the GWRS 10th
anniversary event, Winter Fest, and the Guinness world record setting. A video pertaining to this event was also shown. Director Withers departed the meeting at 12:41 p.m.
3. PUBLIC AFFAIRS UPDATE (Jennifer Cabral) Jennifer Cabral, Public Affairs Supervisor, reminded the Committee that Honor Walk nominations are due this week and provided an overview of outreach events
and activities.
03/12/2018 Legislative and Public Affairs Committee Minutes Page 4 of 4
OTHER BUSINESS AND COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS,
IF ANY:
None. ADJOURNMENT:
Chair Sebourn declared the meeting adjourned at 12:52 p.m. to the next Legislative and Public Affairs Committee meeting, Monday, April 9, 2018 at 3:30 p.m.
Submitted by:
_____________________
Tina Knapp, CMC
Clerk of the Board
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LEGISLATIVE AND PUBLIC AFFAIRS COMMITTEE Meeting Date 04/09/18 To Bd. of Dir. --
AGENDA REPORT Item Number 2 Item Number --
Orange County Sanitation District FROM: James D. Herberg, General Manager Originator: Robert P. Ghirelli, Assistant General Manager SUBJECT: SUPPORT SENATE BILL 929
GENERAL MANAGER'S RECOMMENDATION Approve letter of support for Senate Bill 929 – Special districts: Internet Web sites (McGuire).
BACKGROUND Senate Bill (SB) 929 would require that all special districts maintain a website. Special districts provide millions of Californians with essential local services and infrastructure.
SB 929 will grant the public greater access to the services provided by districts and will improve the transparency and accountability of the governing bodies who oversee them. RELEVANT STANDARDS
• Unified legislative advocacy and public outreach program
• Build brand, trust, and support with policy makers and community leaders
• Maintain collaborative and cooperative relationships with neighboring agencies PROBLEM Without SB 929, transparency amongst special districts could be impeded. SB 929 is
consistent with the Orange County Sanitation District’s (Sanitation District) values and will position special districts for the future. Increased transparency not only reduces liability on each special district, but plays a critical role in maintaining an informed community. PROPOSED SOLUTION
Staff has drafted a letter of support for SB 929 for the Committee’s consideration. TIMING CONCERNS
It is important that the Sanitation District take a position on the letter as soon as possible to ensure that the Sanitation District’s position is considered when reviewing the bill. The bill is currently in the Senate Governance and Finance Committee.
Page 2 of 2
RAMIFICATIONS OF NOT TAKING ACTION The bill may not be signed into law.
PRIOR COMMITTEE/BOARD ACTIONS N/A
ATTACHMENTS
The following attachments are included in hard copy and may also be viewed on-line at the OCSD website
(www.ocsd.com) with the complete agenda package:
• Letter of Support – Senate Bill 929
• Senate Bill 929
April 9, 2018
The Honorable Mike McGuire California State Senate
State Capitol Room 5061 Sacramento, CA 95814 RE: Senate Bill 929 (McGuire) – Support [as amended March 6, 2018] Dear Senator McGuire: On behalf of the Orange County Sanitation District (OCSD), I am writing to support Senate Bill 929, which would require that all special districts maintain a website. The OCSD has featured a publicly accessible website for several years and therefore we encourage all special districts to strive toward
the increased transparency that websites can provide. Special districts like ours provide millions of Californians with essential local services and
infrastructure. Communities form special districts when there is something the community wants, the community wants done well, and the community needs done with local control. As local service providers, few agencies in the State are as impactful on the day-to-day lives of Californians.
SB 929 will grant the public greater access to the services provided by special districts and will improve the transparency and accountability of the governing bodies who oversee them. We believe that special districts are one of the most local forms of government, and we are committed to empowering our community to engage in its government. The increased transparency provided by SB 929 is consistent with our District’s values and will position special districts for the future. Increased transparency not only reduces liability on each special district, but plays a critical role in maintaining an informed community.
For these reasons, OCSD supports SB 929.
Sincerely,
Gregory C. Sebourn, PLS
Board Chairman
AMENDED IN SENATE MARCH 6, 2018
SENATE BILL No. 929
Introduced by Senator McGuire
January 25, 2018
An act to amend Section 53085 of the Government Code, relating to
local government. An act to add Section 53087.8 to the Government
Code, relating to special districts.
legislative counsel’s digest
SB 929, as amended, McGuire. Local government: applicant for
economic development financial assistance: statement. Special districts:
Internet Web sites.
The Cortese-Knox-Hertzberg Local Government Reorganization Act
of 2000 provides the exclusive authority and procedure for the initiation,
conduct, and completion of changes of organization and reorganization
for special districts, as specified. The California Public Records Act
requires a local agency to make public records available for inspection
and allows a local agency to comply by posting the record on its Internet
Web site and directing a member of the public to the Web site, as
specified.
This bill would, beginning on January 1, 2020, require every
independent special district to maintain an Internet Web site that clearly
lists contact information for the special district, except as provided.
Because this bill would require local agencies to provide a new service,
the bill would impose a state-mandated local program.
The California Constitution requires local agencies, for the purpose
of ensuring public access to the meetings of public bodies and the
writings of public officials and agencies, to comply with a statutory
enactment that amends or enacts laws relating to public records or
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open meetings and contains findings demonstrating that the enactment
furthers the constitutional requirements relating to this purpose.
This bill would make legislative findings to that effect.
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 with regard to certain mandates no
reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that, if
the Commission on State Mandates determines that the bill contains
costs so mandated by the state, reimbursement for those costs shall be
made pursuant to the statutory provisions noted above.
Existing law authorizes a local agency to require an applicant for
economic development loans, grants, or similar financial assistance to
sign a statement under penalty of perjury that he or she has not been
convicted of a felony.
This bill would make a nonsubstantive change to that provision.
Vote: majority. Appropriation: no. Fiscal committee: no yes.
State-mandated local program: no yes.
The people of the State of California do enact as follows:
line 1 SECTION 1. The Legislature finds and declares all of the
line 2 following:
line 3 (a) Special districts are local government agencies that provide
line 4 essential services to millions of Californians.
line 5 (b) As of January 2018, there are 2,085 independent special
line 6 districts in California.
line 7 (c) Each special district focuses on a specific set of services,
line 8 including, but not limited to, water, utilities, and parks.
line 9 (d) Throughout California’s history, special districts have
line 10 empowered residents to find local solutions to fit the unique needs
line 11 of their communities.
line 12 (e) It is this local approach that continues to make special
line 13 districts a popular method for delivering essential public services
line 14 and infrastructure in communities throughout the state.
line 15 (f) In order to further public access to information related to
line 16 these essential services, it is the intent of the Legislature that each
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line 1 independent special district provide easily accessible and accurate
line 2 information on an Internet Web site.
line 3 SEC. 2. Section 53087.8 is added to the Government Code, to
line 4 read:
line 5 53087.8. (a) (1) Except as provided in subdivision (b),
line 6 beginning on January 1, 2020, every independent special district,
line 7 as defined in Section 56044, shall maintain an Internet Web site.
line 8 (2) The Internet Web site required by paragraph (1) shall
line 9 conform to any other provisions of law applicable to the Internet
line 10 Web site of the district, including, but not limited to, Sections
line 11 6270.5, 53893, 53908, and 54954.2 of this code, and Section 32139
line 12 of the Health and Safety Code.
line 13 (3) The Internet Web site required by paragraph (1) shall clearly
line 14 list contact information for the independent special district.
line 15 (b) (1) An independent special district shall be exempt from
line 16 subdivision (a) if, pursuant to a majority vote of its governing body
line 17 at a regular meeting, the district adopts a resolution declaring its
line 18 determination that a hardship exists that prevents the district from
line 19 establishing or maintaining an Internet Web site.
line 20 (2) A resolution adopted pursuant to this subdivision shall
line 21 include detailed findings, based upon evidence set forth in the
line 22 minutes of the meeting, supporting the board’s determination that
line 23 a hardship prevents the district from establishing or maintaining
line 24 an Internet Web site. The findings may include, but shall not be
line 25 limited to, inadequate access to broadband communications
line 26 network facilities that enable high-speed Internet access,
line 27 significantly limited financial resources, or insufficient staff
line 28 resources.
line 29 (3) A resolution adopted pursuant to this subdivision shall be
line 30 valid for one year. In order to continue to be exempt from
line 31 subdivision (a), the governing body of an independent special
line 32 district shall adopt a resolution pursuant to this subdivision
line 33 annually so long as the hardship exists.
line 34 SEC. 3. The Legislature finds and declares that Section 2 of
line 35 this act, which adds Section 53087.8 to the Government Code,
line 36 furthers, within the meaning of paragraph (7) of subdivision (b)
line 37 of Section 3 of Article I of the California Constitution, the purposes
line 38 of that constitutional section as it relates to the right of public
line 39 access to the meetings of local public bodies or the writings of
line 40 local public officials and local agencies. Pursuant to paragraph
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SB 929— 3 —
line 1 (7) of subdivision (b) of Section 3 of Article I of the California
line 2 Constitution, the Legislature makes the following findings:
line 3 By requiring independent special districts to maintain an Internet
line 4 Web site, this act increases public access to public records and
line 5 thereby furthers the purposes of paragraph (7) of subdivision (b)
line 6 of Section 3 of Article I of the California Constitution.
line 7 SEC. 4. No reimbursement is required by this act pursuant to
line 8 Section 6 of Article XIII B of the California Constitution because
line 9 the only costs that may be incurred by a local agency or school
line 10 district under this act would result from a legislative mandate that
line 11 is within the scope of paragraph (7) of subdivision (b) of Section
line 12 3 of Article I of the California Constitution.
line 13 However, if the Commission on State Mandates determines that
line 14 the act contains other costs mandated by the state, reimbursement
line 15 to local agencies and school districts for those costs shall be made
line 16 pursuant to Part 7 (commencing with Section 17500) of Division
line 17 4 of Title 2 of the Government Code.
line 18 SECTION 1. Section 53085 of the Government Code is
line 19 amended to read:
line 20 53085. A local agency, as defined by Section 54951, may
line 21 require an applicant for economic development loans, grants, or
line 22 similar financial assistance to sign a statement under penalty of
line 23 perjury that he or she has not been convicted of a felony.
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LEGISLATIVE AND PUBLIC AFFAIRS COMMITTEE Meeting Date 04/09/18 To Bd. of Dir. --
AGENDA REPORT Item Number 3 Item Number --
Orange County Sanitation District FROM: James D. Herberg, General Manager Originator: Robert P. Ghirelli, Assistant General Manager SUBJECT: SUPPORT, IF AMENDED, ASSEMBLY BILL 2379
GENERAL MANAGER'S RECOMMENDATION Approve letter of support, if amended, for Assembly Bill 2379 – Waste management: polyester microfiber (Bloom).
BACKGROUND Assembly Bill (AB) 2379 will require clothing that contains 50% or more polyester to be labeled, making consumers aware of the consequences of the plastic microfibers that
result from washing these items. AB 2379 requires that these items be labeled on and after January 1, 2020. The Orange County Sanitation District (Sanitation District) is asking for the following amendment: strike out wastewater treatment plants from Section 1:
(5) Effluent from washing machines and wastewater treatment plants is a significant source of microfiber pollution that enters waterways and the ocean. RELEVANT STANDARDS
• Unified legislative advocacy and public outreach program
• Build brand, trust, and support with policy makers and community leaders
• Maintain collaborative and cooperative relationships with neighboring agencies PROBLEM AB 2379 is an important step towards educating consumers about the hazards of washing
polyester products. This piece of legislation works to reduce the quantity of plastic
microfibers introduced to marine ecosystems. Without proactive bills such as this one, the marine ecosystem could be harmed. PROPOSED SOLUTION
Staff has drafted a letter of support, if amended, for AB 2379 for the Committee’s consideration.
Page 2 of 2
TIMING CONCERNS It is important that the Sanitation District take a position on the letter as soon as possible
to ensure that the Sanitation District’s position is considered when reviewing the bill. The
bill is currently in the Assembly Natural Resources Committee. RAMIFICATIONS OF NOT TAKING ACTION
The bill may not be signed into law with our suggested amendments. PRIOR COMMITTEE/BOARD ACTIONS N/A
ATTACHMENTS
The following attachments are included in hard copy and may also be viewed on-line at the OCSD website (www.ocsd.com) with the complete agenda package:
• Letter of Support, if Amended – Assembly Bill 2379
• Assembly Bill 2379
April 9, 2018
The Honorable Richard Bloom California Assembly
P.O Box 942849
Sacramento, CA 94249-0050 Re: Support, if Amended, Assembly Bill 2379 (Bloom) – Waste management: polyester microfiber
Dear Assemblymember Bloom: On behalf of the Orange County Sanitation District (OCSD), I am writing in support of Assembly Bill (AB) 2379 if the following amendments are made to Section 1: (5) Effluent from washing machines and wastewater treatment plants is a significant
source of microfiber pollution that enters waterways and the ocean. AB 2379 will require clothing that contains 50% or more polyester to be labeled, making consumers aware of the consequences of the plastic microfibers that result from washing these items. AB 2379 requires that these items be labeled on and after January 1, 2020. OCSD strongly supports the State’s efforts to reduce the quantity of plastic microfibers introduced to marine ecosystems. We applaud this legislation as an important step towards educating
consumers about the hazards of washing polyester products. OCSD operates one of the most advanced sanitation systems in the State. We go above and
beyond to comply with all State regulations. Therefore, we argue that Section 1 of this legislation unfairly and inaccurately places blame on wastewater treatment plants for microfiber contamination. Wastewater treatment plants are not the cause of the microfiber pollution that
enters the waterways and ocean and, as a result, should not be included in a legislative declaration. With the aforementioned amendment, the OCSD is prepared to support AB 2379. Sincerely, Gregory C. Sebourn, PLS Board Chairman
california legislature—2017–18 regular session
ASSEMBLY BILL No. 2379
Introduced by Assembly Member Bloom
(Coauthors: Assembly Members Gonzalez Fletcher and Mark Stone)
February 14, 2018
An act to add Chapter 6 (commencing with Section 42368) to Part
3 of Division 30 of the Public Resources Code, relating to waste
management.
legislative counsel’s digest
AB 2379, as introduced, Bloom. Waste management: polyester
microfiber.
The Safe Drinking Water and Toxic Enforcement Act of 1986
(Proposition 65) prohibits any person, in the course of doing business,
from knowingly and intentionally exposing any individual to a chemical
known to the state to cause cancer or reproductive toxicity without
giving a specified warning, or from discharging or releasing such a
chemical into any source of drinking water, except as specified. Existing
law prohibits the sale of expanded polystyrene packaging material by
a wholesaler or manufacturer unless that material is composed of 100%
recycled material. Existing law prohibits a person from selling a plastic
product in this state that is labeled with the term “compostable,” “home
compostable,” or “marine degradable” unless, at the time of sale, the
plastic product meets the applicable ASTM International standard
specification. Existing law prohibits, on and after January 1, 2020, a
person, business, or other entity from selling or offering for promotional
purposes in this state a personal care product containing plastic
microbeads, as specified.
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This bill would require that clothing made from fabric that is more
than 50% polyester bear a conspicuous label stating that the garment
sheds plastic microfibers when washed and recommending hand
washing. The bill would prohibit a person, on and after January 1, 2020,
from selling or offering for sale clothing made from fabric that is more
than 50% polyester that does not bear that label.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
The people of the State of California do enact as follows:
line 1 SECTION 1. (a) The Legislature finds and declares all of the
line 2 following:
line 3 (1) Microfiber is a subcategory of microplastic that is shed from
line 4 synthetic fabric when that fabric is washed.
line 5 (2) These small, nondegradable fibers that are less than 5
line 6 millimeters in length are a major category of plastic pollution in
line 7 water, pose a serious threat to the environment, and have been
line 8 found within fish and shellfish that are consumed by humans.
line 9 (3) Garments made from synthetic fabrics, such as polyester,
line 10 can shed up to 1,900 microfibers per wash.
line 11 (4) Polyester is the most widely used fiber in the textiles industry
line 12 and accounts for about 50 percent of the total fiber market.
line 13 (5) Effluent from washing machines and wastewater treatment
line 14 plants is a significant source of microfiber pollution that enters
line 15 waterways and the ocean.
line 16 (b) It is therefore the intent of the Legislature to do both of the
line 17 following:
line 18 (1) Recognize the emerging threat that microfibers pose to the
line 19 environment and water quality and provide information to the
line 20 general public about the sources of microfiber pollution.
line 21 (2) Reduce the amount of microfiber that enters the environment
line 22 and is subsequently consumed by wildlife.
line 23 SEC. 2. Chapter 6 (commencing with Section 42368) is added
line 24 to Part 3 of Division 30 of the Public Resources Code, to read:
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— 2 —AB 2379
line 1 Chapter 6. Microfiber Pollution Education and
line 2 Reduction
line 3
line 4 42368. For purposes of this chapter, the following definitions
line 5 apply:
line 6 (a) “Clothing” means an article of apparel intended to be worn
line 7 by a person, not including hats or shoes.
line 8 (b) “Plastic microfiber” means a small polyester particle that is
line 9 fibrous in shape, less than 5 millimeters in length, and is released
line 10 into water through the regular washing of polyester-based textiles.
line 11 42369. (a) Clothing made from fabric that is more than 50
line 12 percent polyester shall bear a conspicuous label that states: “This
line 13 garment sheds plastic microfibers when washed. Hand washing
line 14 recommended.”
line 15 (b) On and after January 1, 2020, a person shall not sell or offer
line 16 for sale clothing made from fabric that is more than 50 percent
line 17 polyester, unless the clothing is labeled in accordance with this
line 18 section.
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AB 2379— 3 —
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LEGISLATIVE AND PUBLIC AFFAIRS COMMITTEE Meeting Date 04/09/18 To Bd. of Dir. --
AGENDA REPORT Item Number 4 Item Number --
Orange County Sanitation District FROM: James D. Herberg, General Manager Originator: Robert P. Ghirelli, Assistant General Manager SUBJECT: SUPPORT HOUSE OF REPRESENTATIVES BILL 5127
GENERAL MANAGER'S RECOMMENDATION Approve letter of support for House of Representatives Bill 5127 – Water Recycling Investment and Improvement Act (Napolitano).
BACKGROUND House of Representatives (H.R.) Bill 5127 addresses the need for a federal partnership with local water and wastewater agencies. H.R. 5127 would directly support the Orange
County Sanitation District’s (Sanitation District) priority to develop a sustainable and safe recycled water supply for our region. Congress’ effort to provide for a $500 million authorization for the Water Infrastructure Improvements for the Nation Act (WIIN) competitive grants program will help bridge the funding gap that local agencies confront in trying to finance important water recycling projects.
RELEVANT STANDARDS
• Unified legislative advocacy and public outreach program
• Build brand, trust, and support with policy makers and community leaders
• Maintain collaborative and cooperative relationships with neighboring agencies
PROBLEM Without appropriate federal funding, water recycling projects like the Groundwater Replenishment System may be delayed until funding is available or may not happen at all.
PROPOSED SOLUTION Staff has drafted a letter of support for H.R. 5127 for the Committee’s consideration.
TIMING CONCERNS It is important that the Sanitation District take a position on the letter as soon as possible to ensure that the Sanitation District’s position is considered when reviewing the bill. The bill is currently in the House Transportation and Infrastructure Committee and House
Natural Resources Committee.
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RAMIFICATIONS OF NOT TAKING ACTION The bill may not be signed into law.
PRIOR COMMITTEE/BOARD ACTIONS N/A
ATTACHMENTS
The following attachments are included in hard copy and may also be viewed on-line at the OCSD website
(www.ocsd.com) with the complete agenda package:
• Letter of Support – House of Representatives Bill 5127
• House of Representatives Bill 5127
April 9, 2018
The Honorable Grace P. Napolitano 1610 Longworth House Building
Washington, DC 20515 Dear Representative Napolitano: On behalf of the Orange County Sanitation District (OCSD), I am writing in support of the Water Recycling Investment and Improvement Act: House of Representative (H.R.) Bill 5127. H.R. 5127 addresses the vital need for a robust federal partnership with local water and wastewater agencies. As introduced, H.R. 5127 would directly support OCSD’s priority to develop a sustainable and safe recycled water supply for our region and help to drought proof our region. Over the years, your commitment to advancing the development of innovative water
treatment technologies has helped to reduce the costs of recycled water, including our internationally recognized Groundwater Replenishment System that, today, is providing more than 100 million gallons of highly treated water.
Most recently, OCSD was honored to be selected as one of three projects to receive funding under the first round of project awards under the Water Infrastructure Improvements for the Nation
(WIIN) Act. However, the limited funding under WIIN cannot address the substantial needs of OCSD and other agencies. Your effort to provide for a $500 million authorization for the WIIN competitive grants program will help bridge the funding gap that local agencies confront in trying to finance important water recycling projects. OCSD also supports making this program a permanent element of the United States Bureau of Reclamation portfolio to address the climate resiliency needs of the western United States. OCSD believes the renewal of the long expired Alternative Water Sources Act would be a valuable tool in the toolbox to help local agencies leverage their investments in water quality improvements through the funding of innovative water supply solutions and address resiliency needs. H.R. 5127’s provisions to renew the law and increase funding assistance through direct
grants would benefit our efforts to promote innovation. As you and your colleagues begin to work on developing a new national water infrastructure
policy, OCSD is prepared to work with you to advance effective programs like those contained in your legislative proposal. If you or your staff have any questions, please do not hesitate to contact Rebecca Long at (714) 593-7444.
Sincerely, Gregory C. Sebourn, PLS Board Chairman
I
115TH CONGRESS
2D SESSION H. R. 5127
To establish a grant program for the funding of water recycling and reuse
projects, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
FEBRUARY 27, 2018
Mrs. NAPOLITANO (for herself, Ms. BARRAGA´N, Mr. DESAULNIER, Mr. GRI-
JALVA, Mr. HUFFMAN, Ms. NORTON, Mr. LOWENTHAL, Ms. ESHOO, Mr.
CARBAJAL, and Ms. BROWNLEY of California) introduced the following
bill; which was referred to the Committee on Natural Resources, and in
addition to the Committee on Transportation and Infrastructure, for a
period to be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of the com-
mittee concerned
A BILL
To establish a grant program for the funding of water
recycling and reuse projects, and for other purposes.
Be it enacted by the Senate and House of Representa-1
tives of the United States of America in Congress assembled, 2
SECTION 1. SHORT TITLE. 3
This Act may be cited as the ‘‘Water Recycling In-4
vestment and Improvement Act’’. 5
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SEC. 2. COMPETITIVE GRANT PROGRAM FOR THE FUNDING 1
OF WATER RECYCLING AND REUSE 2
PROJECTS. 3
(a) COMPETITIVE GRANT PROGRAM FOR THE FUND-4
ING OF WATER RECYCLING AND REUSE PROJECTS.—Sec-5
tion 1602(f) of the Reclamation Wastewater and Ground-6
water Study and Facilities Act (title XVI of Public Law 7
102–575; 43 U.S.C. 390h et. seq.) is amended by striking 8
paragraphs (2) and (3) and inserting the following: 9
‘‘(2) PRIORITY.—When funding projects under 10
paragraph (1), the Secretary shall give funding pri-11
ority to projects that meet one or more of the fol-12
lowing criteria: 13
‘‘(A) Projects that are likely to provide a 14
more reliable water supply for States and local 15
governments. 16
‘‘(B) Projects that are likely to increase 17
the water management flexibility and reduce 18
impacts on environmental resources from 19
projects operated by Federal and State agen-20
cies. 21
‘‘(C) Projects that are regional in nature. 22
‘‘(D) Projects with multiple stakeholders. 23
‘‘(E) Projects that provide multiple bene-24
fits, including water supply reliability, eco-sys-25
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•HR 5127 IH
tem benefits, groundwater management and en-1
hancements, and water quality improvements.’’. 2
(b) AUTHORIZATION OF APPROPRIATIONS.—Section 3
1602(g) of the Reclamation Wastewater and Groundwater 4
Study and Facilities Act (title XVI of Public Law 102– 5
575; 43 U.S.C. 390h et. seq.) is amended— 6
(1) by striking ‘‘$50,000,000’’ and inserting 7
‘‘$500,000,000’’; and 8
(2) by striking ‘‘if enacted appropriations legis-9
lation designates funding to them by name,’’. 10
(c) DURATION.—Section 4013 of the WIIN Act (43 11
U.S.C. 390b(2)) is amended— 12
(1) in paragraph (1), by striking ‘‘and’’; 13
(2) in paragraph (2), by striking the period and 14
inserting ‘‘; and’’; and 15
(3) by adding at the end the following: 16
‘‘(3) section 4009(c).’’. 17
(d) REPEAL OF LIMITATIONS ON FUNDING.— 18
(1) RECLAMATION WASTEWATER AND GROUND-19
WATER STUDY AND FACILITIES ACT.—Section 1631 20
of the Reclamation Wastewater and Groundwater 21
Study and Facilities Act (43 U.S.C. 390h–13) is 22
amended by striking subsection (d). 23
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(2) CLEAN WATER ACT.—Section 220 of the 1
Federal Water Pollution Control Act (33 U.S.C. 2
1300) is amended to read as follows: 3
‘‘SEC. 220. PROGRAM FOR ALTERNATIVE WATER SOURCE 4
PROJECTS. 5
‘‘(a) POLICY.—Nothing in this section shall be con-6
strued to affect the application of section 101(g) of this 7
Act and all of the provisions of this section shall be carried 8
out in accordance with the provisions of section 101(g). 9
‘‘(b) IN GENERAL.—The Administrator may estab-10
lish a program to make grants to State, interstate, and 11
intrastate water resource development agencies (including 12
water management districts and water supply authorities), 13
local government agencies, private utilities, and nonprofit 14
entities for alternative water source projects to meet crit-15
ical water supply needs. 16
‘‘(c) ELIGIBLE ENTITY.—The Administrator may 17
make grants under this section to an entity only if the 18
entity has authority under State law to develop or provide 19
water for municipal, industrial, and agricultural uses in 20
an area of the State that is experiencing critical water 21
supply needs. 22
‘‘(d) SELECTION OF PROJECTS.— 23
‘‘(1) LIMITATION.—A project that has received 24
funds for construction under the reclamation and 25
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reuse program conducted under the Reclamation 1
Projects Authorization and Adjustment Act of 1992 2
(43 U.S.C. 390h et seq.) shall not be eligible for 3
grant assistance under this section. 4
‘‘(2) GEOGRAPHICAL DISTRIBUTION.—Alter-5
native water source projects selected by the Adminis-6
trator under this section shall reflect a variety of 7
geographical and environmental conditions. 8
‘‘(e) USES OF GRANTS.—Amounts from grants re-9
ceived under this section may be used for engineering, de-10
sign, construction, and final testing of alternative water 11
source projects designed to meet critical water supply 12
needs. Such amounts may not be used for planning, feasi-13
bility studies, operation, maintenance, replacement, repair, 14
or rehabilitation. 15
‘‘(f) COST SHARING.—The Federal share of the eligi-16
ble costs of an alternative water source project carried out 17
using assistance made available under this section shall 18
not exceed 50 percent. 19
‘‘(g) REPORTS.—On or before September 30, 2023, 20
the Administrator shall transmit to Congress a report on 21
the results of the program established under this section, 22
including progress made toward meeting the critical water 23
supply needs of the participants in the program. 24
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‘‘(h) DEFINITIONS.—In this section, the following 1
definitions apply: 2
‘‘(1) ALTERNATIVE WATER SOURCE PROJECT.— 3
The term ‘alternative water source project’ means a 4
project designed to provide municipal, industrial, 5
and agricultural water supplies in an environ-6
mentally sustainable manner by conserving, man-7
aging, reclaiming, or reusing water, wastewater, or 8
stormwater, or by treating wastewater or 9
stormwater. Such term does not include water treat-10
ment or distribution facilities. 11
‘‘(2) CRITICAL WATER SUPPLY NEEDS.—The 12
term ‘critical water supply needs’ means existing or 13
reasonably anticipated future water supply needs 14
that cannot be met by existing water supplies, as 15
identified in a comprehensive statewide or regional 16
water supply plan or assessment projected over a 17
planning period of at least 20 years. 18
‘‘(i) AUTHORIZATION OF APPROPRIATIONS.—There is 19
authorized to be appropriated to carry out this section a 20
total of $375,000,000 beginning in fiscal year 2019. Such 21
sums shall remain available until expended.’’. 22
Æ
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Page 1 of 4
LEGISLATIVE AND PUBLIC AFFAIRS COMMITTEE Meeting Date 04/09/18 To Bd. of Dir. 04/25/18
AGENDA REPORT Item Number 5 Item Number
Orange County Sanitation District FROM: James D. Herberg, General Manager Originator: James E. Colston, Director of Environmental Services SUBJECT: AB 967: DISPOSAL OF HUMAN REMAINS VIA WATER CREMATION
GENERAL MANAGER'S RECOMMENDATION Direct staff to prepare amendments to the Orange County Sanitation District’s (Sanitation District) Wastewater Discharge Regulations Ordinance No. OCSD-48 for consideration
by the Board of Directors prohibiting the direct or indirect receipt of hydrolysate into the Sanitation District’s sewerage system. BACKGROUND
Assembly Bill 967 (2017), herein referred to as AB 967, creates a regulatory and permitting framework to allow alkaline hydrolysis of human remains (i.e., “water cremation”) effective July 1, 2020. Prior to receiving a license to operate, any facility performing water cremation must obtain permits from the appropriate local agency or agencies to properly dispose of the liquefied remains into the local or regional sewerage
system. On January 8, 2018, the GWRS Steering Committee voted unanimously to recommend to the Sanitation District to modify its Wastewater Discharge Regulations Ordinance No. OCSD-48 to prohibit the receipt of hydrolysate through the sewer system. Under
AB 967, receipt of such waste is entirely voluntary and at the discretion of the local agency. The law also explicitly recognizes that the promotion of advanced water recycling systems as an example basis for prohibiting hydrolysate discharges to the sewer. Wastewater agencies may accept the hydrolysate directly through the sewer system or indirectly via trucked waste to the wastewater treatment plant.
RELEVANT STANDARDS
• Use all practical and effective means for recovering wastewater for reuse
• Maintain collaborative and cooperative relationships with neighboring agencies
• Build brand, trust, and support with policy makers and community leaders
• Listen to and seriously consider community input on environmental concerns
• AB 967 – Human remains disposal: alkaline hydrolysis: licensure and regulation
• Sanitation District Ordinance No. OCSD-48
Page 2 of 4
PROBLEM AB 967 states in the Business and Professions Code Article 2.7, 7639.10, (8)(D),
“Authorization for disposal of hydrolysate using a sewer collection system shall be
voluntary and at the discretion of each public agency…. Each public agency has the discretion to authorize or to prohibit the discharge of hydrolysate into a sewer collection system for any reason, including for purposes of promoting advanced water recycling systems”. However, after considering three options, the GWRS Steering Committee
unanimously voted to recommend that the Sanitation District prohibit all discharges from
alkaline hydrolysis of human remains into its sewerage system, whether or not the flows are tributary to the Groundwater Replenishment System. PROPOSED SOLUTION Modify the Sanitation District’s Ordinance No. OCSD-48 to prohibit the receipt of
hydrolysate directly or indirectly into the Sanitation District’s sewerage system. TIMING CONCERNS Commencing July 1, 2020, AB 967 would require the Cemetery and Funeral Bureau
within the Department of Consumer Affairs to license and regulate hydrolysis facilities. The bill would require an applicant for a hydrolysis facility license to present to the bureau any state or locally required permits for business operations, prove that it has the appropriate permits and contracts for the disposal of hydrolysate, and employ a hydrolysis chamber approved by the State Department of Public Health, as specified. Staff
recommends resolving this matter via ordinance amendment by January 1, 2020 in order to allow planning and permitting by July 1, 2020. RAMIFICATIONS OF NOT TAKING ACTION
1. The Sanitation District would not be in step with the GWRS Steering Committee recommendation. 2. GWRS’s ability to beneficially reuse the reclaimed water may be compromised by the public’s hesitation due to cultural repugnance over drinking water that contains
hydrolysate resulting from alkaline hydrolysis of human remains. 3. The Sanitation District will need to provide guidance to potential hydrolysate dischargers and to issue a control mechanism, such as a wastehauler or sewer discharge permit and provided additional safety and spill training and personal
protective equipment to on-site staff. PRIOR COMMITTEE/BOARD ACTIONS
In January 2016, Sanitation District staff previously submitted a similar but more
comprehensive alkaline hydrolysis prohibition before the Sanitation District Board of Directors when updating Ordinance No. OCSD-39. The Sanitation District had proposed to prohibit the discharge of alkaline hydrolysis Wastes or Wastewater resulting from both
Page 3 of 4
pet and human alkaline hydrolysis to the sewer. However, the Board of Directors decided against adopting the proposed prohibition at that time. The discussion included consideration of the lack of science demonstrating a threat to the treatment process or
wastewater recycling as well as the fact that there were existing pet cremation facilities
that would have been impacted by the proposed ban. ADDITIONAL INFORMATION
Alkaline hydrolysis of human remains (also known as water cremation, flameless
cremation, or biocremation) is marketed as an alternative to traditional flame cremation or burial. It exposes the body to a strong alkaline solution of earth metal salts (e.g., potassium hydroxide) and water at elevated temperature and pressure, generating a liquid waste known as “hydrolysate.” Proponents of water cremation claim it is more
“environmentally-friendly” than traditional options, due to its lower energy and/or space
requirements. The final law states in the Business and Professions Code Article 2.7, 7639.10, (8)(D), “Authorization for disposal of hydrolysate using a sewer collection system shall be
voluntary and at the discretion of each public agency.... Each public agency has the
discretion to authorize or to prohibit the discharge of hydrolysate into a sewer collection system for any reason, including for purposes of promoting advanced water recycling systems”. AB 967 also specifically defined “hydrolysate” as “the resultant liquid from the hydrolysis of human remains...”. Sanitation District and OCWD staff considered three
primary options for managing water cremation discharges:
1) Modify the Sanitation District’s Wastewater Ordinance to prohibit the receipt of hydrolysate through the sewer system. Under the law, receipt of such waste is entirely voluntary and at the discretion of the local agency. The law also explicitly recognizes
that the promotion of advanced water recycling systems as an example basis for
prohibiting hydrolysate discharges to the sewer. Any discharges through the sewer collection system may become tributary to the GWRS based on connection location and diversion structure settings.
2) Modify the Sanitation District’s Wastewater Ordinance to recognize hydrolysate as a
category for the purposes of wastehauling to the Sanitation District. Hydrolysate could be accepted such that it would not contribute to GWRS. Hydrolysate wastes could be permitted to be received only via the Sanitation District’s Wastehauling Station, which is segregated from and not tributary to the GWRS. Additional waste streams currently
segregated from GWRS include the SARI Line, as well as filtrate and centrate from
the solids digestion process. These segregations are being maintained as a part of the ongoing GWRS Final Expansion design process. 3) Permit or certify for discharge hydrolysate discharge facilities under existing Sanitation
District standard industrial discharge requirements. It is likely that such a facility could
be permitted if it can demonstrate proper pH control. Permits would also require that non-human parts, such as artificial joints, pace-makers, etc. are removed prior to discharge.
Page 4 of 4
The GWRS Steering committee unanimously voted to pursue Option 1 in response to the adoption of AB 967 and to recommend that the Sanitation District prohibit the discharge of hydrolysate to the sewerage system.
CEQA N/A
FINANCIAL CONSIDERATIONS
N/A ATTACHMENTS
The following attachment(s) are included in hard copy and may also be viewed on-line at the OCSD website
(www.ocsd.com) with the complete agenda package:
• Final text of California Assembly Bill 967 – Human remains disposal: alkaline
hydrolysis: licensure and regulation
Assembly Bill No. 967
CHAPTER 846
An act to amend, repeal, and add Sections 7611.9, 7672, 7672.1, 7672.2,
7672.3, 7672.4, 7672.6, 7672.7, 7673.1, and 7685.2 of, to add Sections
7611.12, 7653.35, 7653.36, 7712.11, and 7730.11 to, and to add Article 2.7
(commencing with Section 7639) to Chapter 12 of Division 3 of, the Business
and Professions Code, and to amend, repeal, and add Sections 7003, 7010.3,
7010.7, 7011, 7011.2, 7015, 7016, 7051, 7051.5, 7052, 7052.5, 7054, 7054.1,
7054.6, 7055, 7116, 7117, 103055, 103060, and 103080 of, to add Sections
7002.5, 7006.1, 7006.4, 7006.6, 7006.8, 7010.1, 7017, and 7054.8 to, and
to add Article 8 (commencing with Section 8370) to Chapter 2 of Part 3 of
Division 8 of, the Health and Safety Code, relating to disposal of human
remains, and making an appropriation therefor.
[Approved by Governor October 15, 2017. Filed with
Secretary of State October 15, 2017.]
legislative counsel’s digest
AB 967, Gloria. Human remains disposal: alkaline hydrolysis: licensure
and regulation.
The Cemetery and Funeral Act provides for the licensure and regulation
of cemeteries, crematoria, funeral establishments, and their personnel by
the Cemetery and Funeral Bureau within the Department of Consumer
Affairs. Existing law creates the Cemetery and Funeral Fund, which is
continuously appropriated for the purpose of implementing the act. Under
existing law, the violation of the act is a misdemeanor. Existing law requires
a local registrar of births and deaths to issue permits for the disposition of
cremated remains.
This bill, commencing July 1, 2020, would require the bureau to license
and regulate hydrolysis facilities, as defined, and hydrolysis facility
managers, and would enact requirements applicable to hydrolysis facilities
substantially similar to those applicable to crematoria. By expanding the
definition of crimes relating to the disposition of human remains and creating
new crimes, this bill would impose a state-mandated local program. The
bill would require an applicant for a hydrolysis facility license to present
to the bureau any state or locally required permits for business operations,
prove that it has the appropriate permits and contracts for the disposal of
hydrolysate, and employ a hydrolysis chamber approved by the State
Department of Public Health, as specified. The bill would require the
application for a hydrolysis facility license to be made in writing on the
form prescribed by the bureau and accompanied by a licensing fee, which
would be deposited into the Cemetery and Funeral Fund. The bill also would
authorize the bureau to impose an additional charge to be fixed at not more
89
than $8.50 per hydrolysis made during the preceding quarter. By depositing
moneys in a continuously appropriated fund, this bill would make an
appropriation. The bill would require a local registrar of births or deaths to
issue permits for the disposition of hydrolyzed human remains. By increasing
the duties of local agencies, this bill would impose a state-mandated local
program.
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
specified reasons.
Appropriation: yes.
The people of the State of California do enact as follows:
SECTION 1. Section 7611.9 of the Business and Professions Code is
amended to read:
7611.9. (a) A “cremated remains disposer” is a person who, for his or
her own account or for another, disposes of, or offers to dispose of, cremated
human remains by scattering over or on land or sea.
(b) This section shall remain in effect only until July 1, 2020, and as of
that date is repealed.
SEC. 2. Section 7611.9 is added to the Business and Professions Code,
to read:
7611.9. (a) A “cremated remains disposer” is a person who, for his or
her own account or for another, disposes of, or offers to dispose of, cremated
human remains or hydrolyzed human remains by scattering over or on land
or sea.
(b) This section shall become operative on July 1, 2020.
SEC. 3. Section 7611.12 is added to the Business and Professions Code,
to read:
7611.12. (a) “Licensed hydrolysis facility” means a corporation,
partnership, or natural person licensed pursuant to Article 2.7 (commencing
with Section 7639). A licensed hydrolysis facility shall be considered a
cemetery licensee for purposes of disciplinary action pursuant to Article 6
(commencing with Section 7686).
(b) This section shall become operative on July 1, 2020.
SEC. 4. Article 2.7 (commencing with Section 7639) is added to Chapter
12 of Division 3 of the Business and Professions Code, to read:
Article 2.7. Hydrolysis Facilities
7639. A corporation, partnership, or natural person may operate,
establish, or maintain a hydrolysis facility with a valid hydrolysis facility
license issued by the bureau.
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— 2 —Ch. 846
7639.02. A change in the ownership of a hydrolysis facility shall be
reported to the bureau. A transfer in a single transaction or related
transactions of more than 50 percent of the equitable interest in a licensed
hydrolysis facility shall constitute a change of ownership. When a change
in ownership in a licensed hydrolysis facility occurs, the existing hydrolysis
facility license shall lapse and the new owner shall obtain a license from
the bureau as otherwise provided in this act. The bureau shall not require
an applicant under this section to obtain any new permit or license from any
other governmental agency when the existing permit or license is valid.
7639.04. The application for a hydrolysis facility license shall be made
in writing on the form prescribed by the bureau and filed at the principal
office of the bureau. The application shall be accompanied by the fees.
7639.06. (a) The bureau shall require an applicant for a hydrolysis
facility license to prove compliance with all applicable laws, rules,
regulations, ordinances, and orders, and shall not issue a hydrolysis facility
license until the bureau is satisfied that the public interest, human health,
and environmental quality will be served by the applicant.
(b) The applicant for a hydrolysis facility license shall present to the
bureau any state or locally required permits for business operations,
including, but not limited to, any permits required by the following, to the
extent applicable:
(1) The local public health department.
(2) The city, county, special district, joint powers authority, or other
public agency that provides wastewater treatment services where the licensed
hydrolysis facility is to be located.
(3) The Department of Toxic Substances Control for the creation,
collection, treatment, or transport of hazardous waste.
(4) Any other state or locally required permit.
(c) The applicant for a hydrolysis facility license shall prove to the bureau
that it has the appropriate permits and contracts for the disposal of
hydrolysate and which of the following models the facility will be using for
the disposal:
(1) Discharge to the sewer collection system.
(2) Containment, collection, and transport to an appropriate treatment
facility.
(d) When applying to renew a hydrolysis facility license, an applicant
shall present to the bureau records of annual maintenance of the hydrolysis
chamber.
7639.08. (a) The bureau shall adopt, and may from time to time amend,
rules and regulations prescribing standards for applicants for hydrolysis
facility licenses. In reviewing an application for a hydrolysis facility license,
the bureau may consider acts of the applicant, including acts of the
incorporators, officers, directors, and stockholders of the applicant, which
shall constitute grounds for the denial of a hydrolysis facility license pursuant
to Division 1.5 (commencing with Section 475).
(b) Hydrolysis chamber manufacturers may apply to the State Department
of Public Health for approval of a hydrolysis chamber upon finding that the
89
Ch. 846— 3 —
hydrolysis chamber causes the destruction of pathogenic micro-organisms
pursuant to paragraph (3) of subdivision (a) of Section 118215 of the Health
and Safety Code.
(c) In its approval, the State Department of Public Health shall specify
the minimum parameters of pH, time, temperature, and pressure that must
be used by each hydrolysis chamber to destroy all pathogenic
micro-organisms. The department may use the guidance of the hydrolysis
chamber operations and maintenance manual and biologic indicator spore
testing to determine this, among other factors.
(d) The hydrolysis chamber manufacturer shall pay to the State
Department of Public Health, the application and evaluation fee as outlined
in Section 118245 of the Health and Safety Code.
(e) Every five years, licensed hydrolysis facilities that discharge
hydrolysate to a sewer collection system shall submit to the Department of
Public Health the results of biological indicator spore testing as well as the
last 30 days of archived electronic hydrolysis chamber data which includes
the pH, time, temperature, and pressure at which the chamber was operated.
Based upon this information, the Department shall evaluate whether the
chamber continues to destroy pathogens. The licensee shall include this
evaluation in its application to renew its license. If the chamber is determined
not to destroy pathogens, the Bureau shall not renew its license until this
has been remedied. The Department may charge a fee sufficient to cover
the actual hourly costs of staff conducting its five year review of the
alternative technology.
(f) Once a hydrolysis chamber has been approved pursuant to subdivision
(b), it may be employed by a licensed hydrolysis facility for the final
disposition of human remains.
(g) The bureau shall grant hydrolysis facility licenses only to applicants
that will employ a hydrolysis chamber approved by the State Department
of Public Health pursuant to subdivision (b).
(h) A hydrolysis facility shall ensure or conduct annual maintenance of
the hydrolysis chamber.
(i) The bureau shall not renew a hydrolysis facility license without proof
of annual maintenance of the hydrolysis chamber.
7639.10. (a) A licensed hydrolysis facility shall not conduct hydrolysis
unless all of the following requirements are met:
(1) The licensee has a written contract with the person or persons entitled
to custody of the remains clearly stating the location, manner, and time of
disposition of the remains, in which the person or persons entitled to custody
of the remains agree to pay the licensee’s regular fee for hydrolysis,
disposition, and other services rendered, and any other contractual provisions
required by the bureau.
(2) Hydrolysis of remains occurs not more than 24 hours after delivery
of the remains to the licensee unless the remains have been preserved in the
interim by refrigeration or embalming.
(3) The licensee has a contractual relationship with a licensed cemetery
authority for final disposition of hydrolyzed human remains by burial,
89
— 4 —Ch. 846
entombment, or inurnment of any and all remains that are not lawfully
disposed of or that are not called for or accepted by the person or persons
entitled to the custody and control of the disposition of those remains within
90 days of date of death.
(4) The licensee contains and collects all hydrolysate. Hydrolysate shall
not be disposed of using a sewer collection system, except as prescribed in
paragraph (8).
(5) The licensee ensures that any hydrolysate is transported by a
state-licensed biomaterials handler to a publicly owned wastewater treatment
plant or licensed industrial anaerobic digestion facility or waste-to-energy
or biomass facility for the beneficial use or disposal of that hydrolysate,
unless disposing of hydrolysate using a sewer collection system as prescribed
in paragraph (8).
(6) Acceptance of hydrolysate from a licensed hydrolysis facility and a
state-licensed biomaterials handler shall be voluntary and at the discretion
of each individual facility described in paragraph (5).
(7) Acceptance of hydrolysate by a licensed industrial anaerobic digestion,
waste-to-energy, or biomass facility, if the facility has an industrial process
sewer connection to a sewer collection system, shall only be allowed with
the consent of the publicly owned treatment works to which the sewer
collection system is tributary.
(8) A licensed hydrolysis facility may dispose of hydrolysate using a
sewer collection system only if all of the following conditions are met:
(A) The city, county, special district, joint powers authority, or other
public agency that provides wastewater treatment and disposal services to
the licensed hydrolysis facility expressly authorizes the disposal of
hydrolysate into the sewer collection system. If issuance of a permit is
required by another city, county, special district, joint powers authority, or
other public agency that provides sewer collection services where the
licensee is located, authorization from both agencies must be obtained.
(B) If the licensee receives the appropriate permissions required by
subparagraph (A), the licensee shall comply with all local ordinances,
pretreatment requirements, permitting requirements, waste discharge
requirements, and all other applicable federal, state, and local laws,
ordinances, and regulations governing the protection of water quality and
public health, promotion of water recycling, and discharge into the sewer
system.
(C) The licensee shall demonstrate compliance as deemed appropriate
by the public agency or agencies authorizing the disposal of hydrolysate
into the sewer collection system. At a minimum this should include annual
water quality testing as prescribed by the public agency or agencies
authorizing the disposal of hydrolysate into the sewer collection system.
(D) Authorization for disposal of hydrolysate using a sewer collection
system shall be voluntary and at the discretion of each public agency
described in subparagraph (A). Each public agency described in
subparagraph (A) has the discretion to authorize or to prohibit the discharge
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Ch. 846— 5 —
of hydrolysate into a sewer collection system for any reason, including for
purposes of promoting advanced water recycling systems.
(b) Existing alkaline hydrolysis facilities utilized by medical schools for
the purpose of anatomical gifting shall not be subject to paragraphs (1) to
(3), inclusive, of subdivision (a), and shall continue to be regulated under
the guidelines of the state’s anatomical gifting regulations.
7639.12. A licensed hydrolysis facility shall not prohibit relatives or the
responsible party from viewing the hydrolysis process.
7639.16. It is a misdemeanor for any person, firm, or corporation to
hydrolyze human remains, or to engage in the disposition of hydrolyzed
human remains, without a valid, unexpired hydrolysis facility license. Each
hydrolysis carried out in violation of this section is a separate violation.
7639.18. A licensed hydrolysis facility shall be subject to, and shall be
disciplined by the bureau in accordance with, Article 6 (commencing with
Section 7686).
7639.19. This article shall become operative on July 1, 2020.
SEC. 5. Section 7653.35 is added to the Business and Professions Code,
to read:
7653.35. (a) The bureau shall inspect the books, records, and premises
of any hydrolysis facility licensed under this chapter. In making those
inspections, the bureau shall have access to all books and records, the
hydrolysis facility, the hydrolysis chamber, and the storage areas for human
remains before and after hydrolysis, during regular office hours or the hours
the hydrolysis facility is in operation. No prior notification of the inspection
is required to be given to the hydrolysis facility licensee. If any hydrolysis
facility licensee fails to allow that inspection or any part thereof, it shall be
grounds for the suspension or revocation of a license or other disciplinary
action against the licensee. All proceedings under this section shall be
conducted in accordance with the provisions of this chapter relating to
disciplinary proceedings.
(b) This section shall become operative on July 1, 2020.
SEC. 6. Section 7653.36 is added to the Business and Professions Code,
to read:
7653.36. (a) The bureau shall annually conduct a minimum of one
unannounced inspection of each licensed hydrolysis facility.
(b) This section shall become operative on July 1, 2020.
SEC. 7. Section 7672 of the Business and Professions Code is amended
to read:
7672. (a) A person shall not dispose of or offer to dispose of any
cremated human remains unless registered as a cremated remains disposer
by the bureau. This article shall not apply to any person, partnership, or
corporation holding a certificate of authority as a cemetery, crematory
license, cemetery broker’s license, cemetery salesperson’s license, or funeral
director’s license, nor shall this article apply to any person having the right
to control the disposition of the cremated remains of any person or that
person’s designee if the person does not dispose of or offer to dispose of
more than 10 cremated human remains within any calendar year.
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(b) This section shall remain in effect only until July 1, 2020, and as of
that date is repealed.
SEC. 8. Section 7672 is added to the Business and Professions Code, to
read:
7672. (a) A person shall not dispose of or offer to dispose of any
cremated human remains or hydrolyzed human remains unless registered
as a cremated remains disposer by the bureau. This article shall not apply
to any person, partnership, or corporation holding a certificate of authority
as a cemetery, crematory license, hydrolysis facility license, cemetery
broker’s license, cemetery salesperson’s license, or funeral director’s license,
nor shall this article apply to any person having the right to control the
disposition of the cremated remains or hydrolyzed human remains of any
person or that person’s designee if the person does not dispose of or offer
to dispose of more than 10 cremated human remains or hydrolyzed human
remains within any calendar year.
(b) This section shall become operative on July 1, 2020.
SEC. 9. Section 7672.1 of the Business and Professions Code is amended
to read:
7672.1. (a) Registration shall be on the form prescribed by the bureau
and shall include, but not be limited to, the full name of the registrant,
business and residence addresses, description and identification of aircraft
or boats which may be used in dispensing cremated human remains, and
the area to be served. Each registration application shall be accompanied
by the cremated remains disposer fee.
(b) Every registered cremated remains disposer who dispenses human
remains by air shall post a copy of his or her current pilot’s license, and the
address of the cremated remains storage area at his or her place of business.
Every registered cremated remains disposer who dispenses human remains
by boat shall post a copy of his or her current boating license and the address
of the cremated remains storage area at his or her place of business.
(c) This section shall remain in effect only until July 1, 2020, and as of
that date is repealed.
SEC. 10. Section 7672.1 is added to the Business and Professions Code,
to read:
7672.1. (a) Registration shall be on the form prescribed by the bureau
and shall include, but not be limited to, the full name of the registrant,
business and residence addresses, description and identification of aircraft
or boats which may be used in dispensing cremated human remains or
hydrolyzed human remains, and the area to be served. Each registration
application shall be accompanied by the cremated remains disposer fee.
(b) Every registered cremated remains disposer who dispenses human
remains by air shall post a copy of his or her current pilot’s license, and the
address of the cremated remains or hydrolyzed human remains storage area
at his or her place of business. Every registered cremated remains disposer
who dispenses human remains by boat shall post a copy of his or her current
boating license and the address of the cremated remains or hydrolyzed
human remains storage area at his or her place of business.
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Ch. 846— 7 —
(c) This section shall become operative on July 1, 2020.
SEC. 11. Section 7672.2 of the Business and Professions Code is
amended to read:
7672.2. (a) The bureau shall prepare and deliver to each registered
cremated remains disposer a booklet that includes, but is not limited to, the
following information: details about the registration and renewal
requirements for cremated remains disposers; requirements for obtaining
state permits to dispose of cremated human remains; state storage
requirements, if any; statutory duties pursuant to this article, and other
applicable state laws.
(b) This section shall remain in effect only until July 1, 2020, and as of
that date is repealed.
SEC. 12. Section 7672.2 is added to the Business and Professions Code,
to read:
7672.2. (a) The bureau shall prepare and deliver to each registered
cremated remains disposer a booklet that includes, but is not limited to, the
following information: details about the registration and renewal
requirements for cremated remains disposers; requirements for obtaining
state permits to dispose of cremated human remains or hydrolyzed human
remains; state storage requirements, if any; statutory duties pursuant to this
article, and other applicable state laws.
(b) This section shall become operative on July 1, 2020.
SEC. 13. Section 7672.3 of the Business and Professions Code is
amended to read:
7672.3. (a) All aircraft used for the scattering of cremated human
remains shall be validly certified by the Federal Aviation Administration.
All boats or vessels used for the scattering of cremated human remains shall
be registered with the Department of Motor Vehicles or documented by a
federal agency, as appropriate. The certification or registration shall be
available for inspection by the bureau.
(b) This section shall remain in effect only until July 1, 2020, and as of
that date is repealed.
SEC. 14. Section 7672.3 is added to the Business and Professions Code,
to read:
7672.3. (a) All aircraft used for the scattering of cremated human
remains or hydrolyzed human remains shall be validly certified by the
Federal Aviation Administration. All boats or vessels used for the scattering
of cremated human remains or hydrolyzed human remains shall be registered
with the Department of Motor Vehicles or documented by a federal agency,
as appropriate. The certification or registration shall be available for
inspection by the bureau.
(b) This section shall become operative on July 1, 2020.
SEC. 15. Section 7672.4 of the Business and Professions Code is
amended to read:
7672.4. (a) A cremated remains disposer who scatters any cremated
human remains without specific written instructions from the person having
the right to control the disposition of the remains or who scatters any remains
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in a manner not in accordance with those instructions shall be subject to
disciplinary action.
(b) This section shall remain in effect only until July 1, 2020, and as of
that date is repealed.
SEC. 16. Section 7672.4 is added to the Business and Professions Code,
to read:
7672.4. (a) A cremated remains disposer who scatters any cremated
human remains or hydrolyzed human remains without specific written
instructions from the person having the right to control the disposition of
the remains or who scatters any remains in a manner not in accordance with
those instructions shall be subject to disciplinary action.
(b) This section shall become operative on July 1, 2020.
SEC. 17. Section 7672.6 of the Business and Professions Code is
amended to read:
7672.6. (a) Every cremated remains disposer shall do both of the
following:
(1) Dispose of cremated remains within 60 days of the receipt of those
remains, unless a written signed reason for a delay is presented to the person
with the right to control the disposition of the remains under Section 7100
of the Health and Safety Code.
(2) Provide the bureau with the address and telephone number of any
storage facility being used by the registrant to store cremated remains.
Cremated remains shall be stored in a place free from exposure to the
elements, and shall be responsibly maintained until disposal. The bureau
and its representatives shall conduct, on an annual basis, random inspections
of the operations of 5 to 10 percent of the registered cremated remains
disposers, and is authorized to inspect any place used by a cremated remains
disposer for the storage of cremated remains without notice to the cremated
remains disposer.
(b) A violation of the requirements of this section is grounds for
disciplinary action.
(c) This section shall remain in effect only until July 1, 2020, and as of
that date is repealed.
SEC. 18. Section 7672.6 is added to the Business and Professions Code,
to read:
7672.6. (a) Every cremated remains disposer shall do both of the
following:
(1) Dispose of cremated remains or hydrolyzed human remains within
60 days of the receipt of those remains, unless a written signed reason for
a delay is presented to the person with the right to control the disposition
of the remains under Section 7100 of the Health and Safety Code.
(2) Provide the bureau with the address and telephone number of any
storage facility being used by the registrant to store cremated remains or
hydrolyzed human remains. Cremated remains or hydrolyzed human remains
shall be stored in a place free from exposure to the elements, and shall be
responsibly maintained until disposal. The bureau and its representatives
shall conduct, on an annual basis, random inspections of the operations of
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Ch. 846— 9 —
5 to 10 percent of the registered cremated remains disposers, and is
authorized to inspect any place used by a cremated remains disposer for the
storage of cremated remains or hydrolyzed human remains without notice
to the cremated remains disposer.
(b) A violation of the requirements of this section is grounds for
disciplinary action.
(c) This section shall become operative on July 1, 2020.
SEC. 19. Section 7672.7 of the Business and Professions Code is
amended to read:
7672.7. (a) Each cremated remains disposer shall file, and thereafter
maintain an updated copy of, an annual report on a form prescribed by the
bureau. The report shall include, but not be limited to, the names of the
deceased persons whose cremated remains were disposed of, the dates of
receipt of the cremated remains, the names and addresses of the persons
who authorized disposal of those remains, the dates and locations of disposal
of those remains, and the means and manner of disposition. The report shall
cover the fiscal year ending on June 30 and shall be filed with the bureau
no later than September 30 of each year.
(b) Any cremated remains disposer that makes a willful and material
false statement regarding the disposal of cremated remains in the annual
report filed or updated pursuant to subdivision (a) shall be subject to
disciplinary action.
(c) Any cremated remains disposer that makes a willful and material
false statement in the annual report filed or updated pursuant to subdivision
(a) shall be guilty of a misdemeanor.
(d) This section shall remain in effect only until July 1, 2020, and as of
that date is repealed.
SEC. 20. Section 7672.7 is added to the Business and Professions Code,
to read:
7672.7. (a) Each cremated remains disposer shall file, and thereafter
maintain an updated copy of, an annual report on a form prescribed by the
bureau. The report shall include, but not be limited to, the names of the
deceased persons whose cremated remains or hydrolyzed human remains
were disposed of, the dates of receipt of the cremated remains or hydrolyzed
human remains, the names and addresses of the persons who authorized
disposal of those remains, the dates and locations of disposal of those
remains, and the means and manner of disposition. The report shall cover
the fiscal year ending on June 30 and shall be filed with the bureau no later
than September 30 of each year.
(b) Any cremated remains disposer that makes a willful and material
false statement regarding the disposal of cremated remains or hydrolyzed
human remains in the annual report filed or updated pursuant to subdivision
(a) shall be subject to disciplinary action.
(c) Any cremated remains disposer that makes a willful and material
false statement in the annual report filed or updated pursuant to subdivision
(a) shall be guilty of a misdemeanor.
(d) This section shall become operative on July 1, 2020.
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SEC. 21. Section 7673.1 of the Business and Professions Code is
amended to read:
7673.1. (a) Any cremated remains disposer who stores cremated remains
in a reckless manner that results in either of the following is guilty of a
public offense punishable by imprisonment in a county jail not exceeding
one year or by a fine not to exceed five thousand dollars ($5,000), or by
both that fine and imprisonment:
(1) Loss of all or part of the cremated remains.
(2) Inability to individually identify the cremated remains.
(b) This section shall remain in effect only until July 1, 2020, and as of
that date is repealed.
SEC. 22. Section 7673.1 is added to the Business and Professions Code,
to read:
7673.1. (a) Any cremated remains disposer who stores cremated remains
or hydrolyzed human remains in a reckless manner that results in either of
the following is guilty of a public offense punishable by imprisonment in
a county jail not exceeding one year or by a fine not to exceed five thousand
dollars ($5,000), or by both that fine and imprisonment:
(1) Loss of all or part of the cremated remains or hydrolyzed human
remains.
(2) Inability to individually identify the cremated remains or hydrolyzed
human remains.
(b) This section shall become operative on July 1, 2020.
SEC. 23. Section 7685.2 of the Business and Professions Code is
amended to read:
7685.2. (a) No funeral director shall enter into a contract for furnishing
services or property in connection with the burial or other disposal of human
remains until he or she has first submitted to the potential purchaser of those
services or property a written or printed memorandum containing the
following information, provided that information is available at the time of
execution of the contract:
(1) The total charge for the funeral director’s services and the use of his
or her facilities, including the preparation of the body and other professional
services, and the charge for the use of automotive and other necessary
equipment.
(2) An itemization of charges for the following merchandise as selected:
the casket, an outside receptacle, and clothing.
(3) An itemization of fees or charges and the total amount of cash
advances made by the funeral director for transportation, flowers, cemetery
or crematory charges, newspaper notices, clergy honorarium, transcripts,
telegrams, long distance telephone calls, music, and any other advances as
authorized by the purchaser.
(4) An itemization of any other fees or charges not included above.
(5) The total of the amount specified in paragraphs (1) to (4), inclusive.
If the charge for any of the above items is not known at the time the
contract is entered into, the funeral director shall advise the purchaser of
the charge therefor, within a reasonable period after the information becomes
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Ch. 846— 11 —
available. All prices charged for items covered under Sections 7685 and
7685.1 shall be the same as those given under such sections.
(b) A funeral establishment shall obtain from the person with the right
to control the disposition pursuant to Section 7100 of the Health and Safety
Code, or the person prearranging the cremation and disposition of his or
her own remains, a signed declaration designating specific instructions with
respect to the disposition of cremated remains. The bureau shall make
available a form upon which the declaration shall be made. The form shall
include, but not be limited to, the names of the persons with the right to
control the disposition of the cremated remains and the person who is
contracting for the cremation services; the name of the deceased; the name
of the funeral establishment in possession of the remains; the name of the
crematorium; and specific instructions regarding the manner, location, and
other pertinent details regarding the disposition of cremated remains. The
form shall be signed and dated by the person arranging for the cremation
and the funeral director, employee, or agent of the funeral establishment in
charge of arranging or prearranging the cremation service.
(c) A funeral director entering into a contract to furnish cremation services
shall provide to the purchaser of cremation services, either on the first page
of the contract for cremation services, or on a separate page attached to the
contract, a written or printed notice containing the following information:
(1) A person having the right to control disposition of cremated remains
may remove the remains in a durable container from the place of cremation
or interment, pursuant to Section 7054.6 of the Health and Safety Code.
(2) If the cremated remains container cannot accommodate all cremated
remains of the deceased, the crematory shall provide a larger cremated
remains container at no additional cost, or place the excess in a second
container that cannot easily come apart from the first, pursuant to Section
8345 of the Health and Safety Code.
(d) This section shall remain in effect only until July 1, 2020, and as of
that date is repealed.
SEC. 24. Section 7685.2 is added to the Business and Professions Code,
to read:
7685.2. (a) No funeral director shall enter into a contract for furnishing
services or property in connection with the burial or other disposal of human
remains until he or she has first submitted to the potential purchaser of those
services or property a written or printed memorandum containing the
following information, provided that information is available at the time of
execution of the contract:
(1) The total charge for the funeral director’s services and the use of his
or her facilities, including the preparation of the body and other professional
services, and the charge for the use of automotive and other necessary
equipment.
(2) An itemization of charges for the following merchandise as selected:
the casket, an outside receptacle, and clothing.
(3) An itemization of fees or charges and the total amount of cash
advances made by the funeral director for transportation, flowers, cemetery,
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crematory, or hydrolysis facility charges, newspaper notices, clergy
honorarium, transcripts, telegrams, long distance telephone calls, music,
and any other advances as authorized by the purchaser.
(4) An itemization of any other fees or charges not included above.
(5) The total of the amount specified in paragraphs (1) to (4), inclusive.
If the charge for any of the above items is not known at the time the
contract is entered into, the funeral director shall advise the purchaser of
the charge therefor, within a reasonable period after the information becomes
available. All prices charged for items covered under Sections 7685 and
7685.1 shall be the same as those given under such sections.
(b) A funeral establishment shall obtain from the person with the right
to control the disposition pursuant to Section 7100 of the Health and Safety
Code, or the person prearranging the cremation or hydrolysis and disposition
of his or her own remains, a signed declaration designating specific
instructions with respect to the disposition of cremated remains or hydrolyzed
human remains. The bureau shall make available a form upon which the
declaration shall be made. The form shall include, but not be limited to, the
names of the persons with the right to control the disposition of the cremated
remains or hydrolyzed human remains and the person who is contracting
for the cremation or hydrolysis services; the name of the deceased; the name
of the funeral establishment in possession of the remains; the name of the
crematorium or hydrolysis facility; and specific instructions regarding the
manner, location, and other pertinent details regarding the disposition of
cremated remains or hydrolyzed human remains. The form shall be signed
and dated by the person arranging for the cremation or hydrolysis and the
funeral director, employee, or agent of the funeral establishment in charge
of arranging or prearranging the cremation or hydrolysis service.
(c) A funeral director entering into a contract to furnish cremation or
hydrolysis services shall provide to the purchaser of cremation or hydrolysis
services, either on the first page of the contract for cremation or hydrolysis
services, or on a separate page attached to the contract, a written or printed
notice containing the following information:
(1) A person having the right to control disposition of cremated remains
or hydrolyzed human remains may remove the remains in a durable container
from the place of cremation, hydrolysis, or interment, pursuant to Section
7054.6 of the Health and Safety Code.
(2) If the cremated remains container or hydrolyzed human remains
container cannot accommodate all cremated remains or hydrolyzed human
remains of the deceased, the crematory or hydrolysis facility shall provide
a larger cremated remains container or hydrolyzed human remains container
at no additional cost, or place the excess in a second container that cannot
easily come apart from the first, pursuant to Section 8345 of the Health and
Safety Code.
(3) This section shall become operative on July 1, 2020.
SEC. 25. Section 7712.11 is added to the Business and Professions Code,
to read:
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Ch. 846— 13 —
7712.11. (a) Each hydrolysis facility for which a hydrolysis facility
license is required shall be operated under the supervision of a manager
qualified in accordance with rules adopted by the bureau. A licensed
crematory manager may be designated as a hydrolysis facility manager with
appropriate certification upon demonstrating an understanding of the
applicable provisions of this code and of the Health and Safety Code, as
determined by the bureau.
(b) A person shall not engage in the business of, act in the capacity of,
or advertise or assume to act as, a hydrolysis facility manager without a
valid crematory manager license and obtaining a certification from the
bureau.
(c) This section shall become operative on July 1, 2020.
SEC. 26. Section 7730.11 is added to the Business and Professions Code,
to read:
7730.11. (a) The bureau shall establish the fee to obtain or renew a
hydrolysis facility license, which shall not exceed the reasonable cost of
license administration.
(b) Every licensee operating a hydrolysis facility pursuant to a license
issued pursuant to this article shall pay an additional charge to be fixed by
the bureau of not more than eight dollars and fifty cents ($8.50) per
hydrolysis made during the preceding quarter, which charges shall be
deposited into the Cemetery and Funeral Fund.
(c) This section shall become operative on July 1, 2020.
SEC. 27. Section 7002.5 is added to the Health and Safety Code, to read:
7002.5. (a) “Hydrolyzed human remains” means bone fragments of a
human body that are left after hydrolysis in a hydrolysis facility. “Hydrolyzed
human remains” does not include foreign materials, pacemakers, or
prostheses.
(b) This section shall become operative on July 1, 2020.
SEC. 28. Section 7003 of the Health and Safety Code is amended to
read:
7003. (a) “Cemetery” means either of the following:
(1) Any of the following that is used or intended to be used and dedicated
for cemetery purposes:
(A) A burial park, for earth interments.
(B) A mausoleum, for crypt or vault interments.
(C) A crematory and columbarium, for cinerary interments.
(2) A place where six or more human bodies are buried.
(b) This section shall remain in effect only until July 1, 2020, and as of
that date is repealed.
SEC. 29. Section 7003 is added to the Health and Safety Code, to read:
7003. (a) “Cemetery” means either of the following:
(1) Any of the following that is used or intended to be used and dedicated
for cemetery purposes:
(A) A burial park, for earth interments.
(B) A mausoleum, for crypt or vault interments.
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(C) A crematory and columbarium, for interment of cremated remains
or hydrolyzed human remains.
(2) A place where six or more human bodies are buried.
(b) This section shall become operative on July 1, 2020.
SEC. 30. Section 7006.1 is added to the Health and Safety Code, to read:
7006.1. (a) “Hydrolysis facility” means a building or structure containing
one or more chambers for the reduction of bodies of deceased persons by
alkaline hydrolysis.
(b) This section shall become operative on July 1, 2020.
SEC. 31. Section 7006.4 is added to the Health and Safety Code, to read:
7006.4. (a) “Hydrolysis chamber” means the enclosed space within
which the hydrolysis of human remains is performed and any other attached,
nonenclosed, mechanical components that are necessary for the safe and
proper functioning of the equipment. Allowable hydrolysis chambers for
the disposition of human remains shall meet or exceed State Department of
Public Health and federal Centers for Disease Control and Prevention
requirements applicable for destruction of human pathogens, specified in
the hydrolysis chamber approval issued pursuant to Section 7639.08 of the
Business and Professions Code.
(b) This section shall become operative on July 1, 2020.
SEC. 32. Section 7006.6 is added to the Health and Safety Code, to read:
7006.6. (a) “Hydrolysis container” means a hydrolyzable body wrapping
into which the body of a deceased person is placed prior to insertion into a
hydrolysis chamber. The wrapping must consist of 100-percent protein-based
material, such as silk, suede, leather, feather, fur, or wool.
(b) This section shall become operative on July 1, 2020.
SEC. 33. Section 7006.8 is added to the Health and Safety Code, to read:
7006.8. (a) “Hydrolyzed human remains container” means a receptacle
in which hydrolyzed human remains are placed after hydrolysis.
(b) This section shall become operative on July 1, 2020.
SEC. 34. Section 7010.1 is added to the Health and Safety Code, to read:
7010.1. (a) “Hydrolysis” means the process by which the following two
steps are taken:
(1) The reduction of the body of a deceased person to its essential organic
components and bone fragments by alkaline hydrolysis. “Alkaline
hydrolysis” is a process using heat or heat and applied pressure, water, and
potassium hydroxide or sodium hydroxide in a hydrolysis chamber.
(2) The processing of the remains after removal from the hydrolysis
chamber pursuant to Section 7010.3.
(b) This section shall become operative on July 1, 2020.
SEC. 35. Section 7010.3 of the Health and Safety Code is amended to
read:
7010.3. (a) “Processing” means the removal of foreign objects, pursuant
to Section 7051, and the reduction of the particle size of cremated remains
by mechanical means including, but not limited to, grinding, crushing, and
pulverizing to a consistency appropriate for disposition.
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Ch. 846— 15 —
(b) This section shall remain in effect only until July 1, 2020, and as of
that date is repealed.
SEC. 36. Section 7010.3 is added to the Health and Safety Code, to read:
7010.3. (a) “Processing” means the removal of foreign objects, pursuant
to Section 7051, and the reduction of the particle size of cremated remains
or hydrolyzed human remains by mechanical means including, but not
limited to, grinding, crushing, and pulverizing to a consistency appropriate
for disposition.
(b) This section shall become operative on July 1, 2020.
SEC. 37. Section 7010.7 of the Health and Safety Code is amended to
read:
7010.7. (a) “Scattering” means the authorized dispersal of cremated
remains at sea, in other areas of the state, or commingling in a defined area
within a dedicated cemetery, in accordance with this part.
(b) This section shall remain in effect only until July 1, 2020, and as of
that date is repealed.
SEC. 38. Section 7010.7 is added to the Health and Safety Code, to read:
7010.7. (a) “Scattering” means the authorized dispersal of cremated
remains or hydrolyzed human remains at sea, in other areas of the state, or
commingling in a defined area within a dedicated cemetery, in accordance
with this part.
(b) This section shall become operative on July 1, 2020.
SEC. 39. Section 7011 of the Health and Safety Code is amended to
read:
7011. (a) “Inurnment” means placing cremated remains in a cremated
remains container suitable for placement, burial, or shipment.
(b) This section shall remain in effect only until July 1, 2020, and as of
that date is repealed.
SEC. 40. Section 7011 is added to the Health and Safety Code, to read:
7011. (a) “Inurnment” means placing cremated remains or hydrolyzed
human remains in a cremated remains container or hydrolyzed human
remains container suitable for placement, burial, or shipment.
(b) This section shall become operative on July 1, 2020.
SEC. 41. Section 7011.2 of the Health and Safety Code is amended to
read:
7011.2. (a) “Placement” means the placing of a container holding
cremated remains in a crypt, vault, or niche.
(b) This section shall remain in effect only until July 1, 2020, and as of
that date is repealed.
SEC. 42. Section 7011.2 is added to the Health and Safety Code, to read:
7011.2. (a) “Placement” means the placing of a container holding
cremated remains or hydrolyzed human remains in a crypt, vault, or niche.
(b) This section shall become operative on July 1, 2020.
SEC. 43. Section 7015 of the Health and Safety Code is amended to
read:
7015. (a) “Crypt” or “vault” means a space in a mausoleum of sufficient
size, used or intended to be used, to entomb uncremated human remains.
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(b) This section shall remain in effect only until July 1, 2020, and as of
that date is repealed.
SEC. 44. Section 7015 is added to the Health and Safety Code, to read:
7015. (a) “Crypt” or “vault” means a space in a mausoleum of sufficient
size, used or intended to be used, to entomb human remains that have been
neither cremated nor hydrolyzed.
(b) This section shall become operative on July 1, 2020.
SEC. 45. Section 7016 of the Health and Safety Code is amended to
read:
7016. (a) “Niche” means a space in a columbarium used, or intended
to be used, for the placement of cremated human remains.
(b) This section shall remain in effect only until July 1, 2020, and as of
that date is repealed.
SEC. 46. Section 7016 is added to the Health and Safety Code, to read:
7016. (a) “Niche” means a space in a columbarium used, or intended
to be used, for the placement of cremated human remains or hydrolyzed
human remains.
(b) This section shall become operative on July 1, 2020.
SEC. 47. Section 7017 is added to the Health and Safety Code, to read:
7017. (a) “Hydrolysate” means the resultant liquid from the hydrolysis
of human remains, which liquid is a sterile, benign, micronutrient-rich
solution consisting of sugars, salts, peptides, and amino acids. Hydrolysate
and calcium phosphate “ashes” are the two end results from the alkaline
hydrolysis process.
(b) This section shall become operative on July 1, 2020.
SEC. 48. Section 7051 of the Health and Safety Code is amended to
read:
7051. (a) Every person who removes any part of any human remains
from any place where it has been interred, or from any place where it is
deposited while awaiting interment or cremation, with intent to sell it or to
dissect it, without authority of law, or written permission of the person or
persons having the right to control the remains under Section 7100, or with
malice or wantonness, has committed a public offense that is punishable by
imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code.
(b) This section shall not prohibit the removal of foreign materials,
pacemakers, or prostheses from cremated remains by an employee of a
licensed crematory prior to final processing of ashes. Dental gold or silver,
jewelry, or mementos, to the extent that they can be identified, may be
removed by the employee prior to final processing if the equipment is such
that it will not process these materials. However, any dental gold and silver,
jewelry, or mementos that are removed shall be returned to the urn or
cremated remains container, unless otherwise directed by the person or
persons having the right to control the disposition.
(c) This section shall remain in effect only until July 1, 2020, and as of
that date is repealed.
SEC. 49. Section 7051 is added to the Health and Safety Code, to read:
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Ch. 846— 17 —
7051. (a) Every person who removes any part of any human remains
from any place where it has been interred, or from any place where it is
deposited while awaiting interment, cremation, or hydrolysis, with intent
to sell it or to dissect it, without authority of law, or written permission of
the person or persons having the right to control the remains under Section
7100, or with malice or wantonness, has committed a public offense that is
punishable by imprisonment pursuant to subdivision (h) of Section 1170 of
the Penal Code.
(b) This section shall not prohibit the removal of foreign materials,
pacemakers, or prostheses from cremated remains or hydrolyzed human
remains by an employee of a licensed crematory or licensed hydrolysis
facility prior to final processing of remains. Dental gold or silver, jewelry,
or mementos, to the extent that they can be identified, may be removed by
the employee prior to final processing if the equipment is such that it will
not process these materials. However, any dental gold and silver, jewelry,
or mementos that are removed shall be returned to the urn, cremated remains
container, or hydrolyzed human remains container, unless otherwise directed
by the person or persons having the right to control the disposition.
(c) This section shall become operative on July 1, 2020.
SEC. 50. Section 7051.5 of the Health and Safety Code is amended to
read:
7051.5. (a) Every person who removes or possesses dental gold or silver,
jewelry, or mementos from any human remains without specific written
permission of the person or persons having the right to control those remains
under Section 7100 is punishable by imprisonment pursuant to subdivision
(h) of Section 1170 of the Penal Code. The fact that residue and any
unavoidable dental gold or dental silver, or other precious metals remain in
the cremation chamber or other equipment or any container used in a prior
cremation is not a violation of this section.
(b) This section shall remain in effect only until July 1, 2020, and as of
that date is repealed.
SEC. 51. Section 7051.5 is added to the Health and Safety Code, to read:
7051.5. (a) Every person who removes or possesses dental gold or silver,
jewelry, or mementos from any human remains without specific written
permission of the person or persons having the right to control those remains
under Section 7100 is punishable by imprisonment pursuant to subdivision
(h) of Section 1170 of the Penal Code. The fact that residue and any
unavoidable dental gold or dental silver, or other precious metals remain in
the cremation chamber, hydrolysis chamber, or other equipment or any
container used in a prior cremation or hydrolysis is not a violation of this
section.
(b) This section shall become operative on July 1, 2020.
SEC. 52. Section 7052 of the Health and Safety Code is amended to
read:
7052. (a) Every person who willfully mutilates, disinters, removes from
the place of interment, or commits an act of sexual penetration on, or has
sexual contact with, any remains known to be human, without authority of
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law, is guilty of a felony. This section does not apply to any person who,
under authority of law, removes the remains for reinterment, or performs a
cremation.
(b) For purposes of this section, the following definitions apply:
(1) “Sexual penetration” means the unlawful penetration of the vagina
or anus, however slight, by any part of a person’s body or other object, or
any act of sexual contact between the sex organs of a person and the mouth
or anus of a dead body, or any oral copulation of a dead human body for
the purpose of sexual arousal, gratification, or abuse.
(2) “Sexual contact” means any willful touching by a person of an
intimate part of a dead human body for the purpose of sexual arousal,
gratification, or abuse.
(c) This section shall remain in effect only until July 1, 2020, and as of
that date is repealed.
SEC. 53. Section 7052 is added to the Health and Safety Code, to read:
7052. (a) Every person who willfully mutilates, disinters, removes from
the place of interment, or commits an act of sexual penetration on, or has
sexual contact with, any remains known to be human, without authority of
law, is guilty of a felony. This section does not apply to any person who,
under authority of law, removes the remains for reinterment, or performs a
cremation or hydrolysis.
(b) For purposes of this section, the following definitions apply:
(1) “Sexual penetration” means the unlawful penetration of the vagina
or anus, however slight, by any part of a person’s body or other object, or
any act of sexual contact between the sex organs of a person and the mouth
or anus of a dead body, or any oral copulation of a dead human body for
the purpose of sexual arousal, gratification, or abuse.
(2) “Sexual contact” means any willful touching by a person of an
intimate part of a dead human body for the purpose of sexual arousal,
gratification, or abuse.
(c) This section shall become operative on July 1, 2020.
SEC. 54. Section 7052.5 of the Health and Safety Code is amended to
read:
7052.5. (a) Notwithstanding the provisions of Section 7052, cremated
remains may be removed from the place of interment for disposition as
provided in Section 7054.6 or for burial at sea as provided in Section 7117.
(b) This section shall remain in effect only until July 1, 2020, and as of
that date is repealed.
SEC. 55. Section 7052.5 is added to the Health and Safety Code, to read:
7052.5. (a) Notwithstanding the provisions of Section 7052, cremated
remains or hydrolyzed human remains may be removed from the place of
interment for disposition as provided in Section 7054.6 or for burial at sea
as provided in Section 7117.
(b) This section shall become operative on July 1, 2020.
SEC. 56. Section 7054 of the Health and Safety Code is amended to
read:
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Ch. 846— 19 —
7054. (a) (1) Except as authorized pursuant to the sections referred to
in subdivision (b), every person who deposits or disposes of any human
remains in any place, except in a cemetery, is guilty of a misdemeanor.
(2) Every licensee or registrant pursuant to Chapter 12 (commencing
with Section 7600) of Division 3 of the Business and Professions Code and
the agents and employees of the licensee or registrant, or any unlicensed
person acting in a capacity in which a license from the Cemetery and Funeral
Bureau is required, who, except as authorized pursuant to the sections
referred to in subdivision (b), deposits or disposes of any human remains
in any place, except in a cemetery, is guilty of a misdemeanor that shall be
punishable by imprisonment in a county jail not exceeding one year, by a
fine not exceeding ten thousand dollars ($10,000), or both that imprisonment
and fine.
(b) Cremated remains may be disposed of pursuant to Sections 7054.6,
7116, 7117, and 103060.
(c) Subdivision (a) of this section shall not apply to the reburial of Native
American remains under an agreement developed pursuant to subdivision
(l) of Section 5097.94 of the Public Resources Code, or implementation of
a recommendation or agreement made pursuant to Section 5097.98 of the
Public Resources Code.
(d) This section shall remain in effect only until July 1, 2020, and as of
that date is repealed.
SEC. 57. Section 7054 is added to the Health and Safety Code, to read:
7054. (a) (1) Except as authorized pursuant to the sections referred to
in subdivision (b), every person who deposits or disposes of any human
remains in any place, except in a cemetery, is guilty of a misdemeanor.
(2) Every licensee or registrant pursuant to Chapter 12 (commencing
with Section 7600) of Division 3 of the Business and Professions Code and
the agents and employees of the licensee or registrant, or any unlicensed
person acting in a capacity in which a license from the Cemetery and Funeral
Bureau is required, who, except as authorized pursuant to the sections
referred to in subdivision (b), deposits or disposes of any human remains
in any place, except in a cemetery, is guilty of a misdemeanor that shall be
punishable by imprisonment in a county jail not exceeding one year, by a
fine not exceeding ten thousand dollars ($10,000), or both that imprisonment
and fine.
(b) Cremated remains or hydrolyzed human remains may be disposed
of pursuant to Sections 7054.6, 7116, 7117, and 103060.
(c) Subdivision (a) of this section shall not apply to the reburial of Native
American remains under an agreement developed pursuant to subdivision
(l) of Section 5097.94 of the Public Resources Code, or implementation of
a recommendation or agreement made pursuant to Section 5097.98 of the
Public Resources Code.
(d) This section shall become operative on July 1, 2020.
SEC. 58. Section 7054.1 of the Health and Safety Code is amended to
read:
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7054.1. (a) No cremated remains shall be removed from the place of
cremation, nor shall there be any charge for the cremation, unless the
cremated remains have been processed so that they are suitable for inurnment
within a cremated remains container or an urn. Every contract for cremation
services shall include specific written notification of the processing to the
person having the right to control the disposition of the remains under
Section 7100.
(b) This section shall remain in effect only until July 1, 2020, and as of
that date is repealed.
SEC. 59. Section 7054.1 is added to the Health and Safety Code, to read:
7054.1. (a) No cremated remains or hydrolyzed human remains shall
be removed from the place of cremation or hydrolysis, nor shall there be
any charge for the cremation or hydrolysis, unless the cremated remains or
hydrolyzed human remains have been processed so that they are suitable
for inurnment within a cremated remains container, hydrolyzed human
remains container, or an urn. Every contract for cremation or hydrolysis
services shall include specific written notification of the processing to the
person having the right to control the disposition of the remains under
Section 7100.
(b) This section shall become operative on July 1, 2020.
SEC. 60. Section 7054.6 of the Health and Safety Code is amended to
read:
7054.6. (a) Except as provided in subdivision (b), cremated remains
may be removed in a durable container from the place of cremation or
interment and kept in or on the real property owned or occupied by a person
described in Section 7100 or any other person, with the permission of the
person with the right to disposition, or the durable container holding the
cremated remains may be kept in a church or religious shrine, if written
permission of the church or religious shrine is obtained and there is no
conflict with local use permit requirements or zoning laws, if the removal
is under the authority of a permit for disposition granted under Section
103060. The placement, in any place, of six or more cremated remains under
this section does not constitute the place a cemetery, as defined in Section
7003.
(b) Notwithstanding any other provision of law, cremated remains may
be placed in one or more keepsake urns. Keepsake urns shall be kept as
authorized by the person or persons with the right to control disposition
pursuant to Section 7100, provided that a permit for disposition of human
remains pursuant to Section 103060 is issued by the local registrar for each
keepsake urn designating the home address of each person receiving a
keepsake urn and a permit fee pursuant to Section 103065 is paid. No
keepsake urn shall be subject to Section 8345. For purposes of this section,
a keepsake urn shall mean a closed durable container that will accommodate
an amount of cremated remains not to exceed one cubic centimeter.
(c) Prior to disposition of cremated remains, every licensee or registrant
pursuant to Chapter 12 (commencing with Section 7600) of Division 3 of
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Ch. 846— 21 —
the Business and Professions Code, and the agents and employees of the
licensee or registrant shall do all of the following:
(1) Remove the cremated remains from the place of cremation in a durable
container.
(2) Keep the cremated remains in a durable container.
(3) Store the cremated remains in a place free from exposure to the
elements.
(4) Responsibly maintain the cremated remains.
(d) This section shall remain in effect only until July 1, 2020, and as of
that date is repealed.
SEC. 61. Section 7054.6 is added to the Health and Safety Code, to read:
7054.6. (a) Except as provided in subdivision (b), cremated remains or
hydrolyzed human remains may be removed in a durable container from
the place of cremation, hydrolysis, or interment and kept in or on the real
property owned or occupied by a person described in Section 7100 or any
other person, with the permission of the person with the right to disposition,
or the durable container holding the cremated remains or hydrolyzed human
remains may be kept in a church or religious shrine, if written permission
of the church or religious shrine is obtained and there is no conflict with
local use permit requirements or zoning laws, if the removal is under the
authority of a permit for disposition granted under Section 103060. The
placement, in any place, of six or more cremated remains or hydrolyzed
human remains under this section does not constitute the place a cemetery,
as defined in Section 7003.
(b) Notwithstanding any other provision of law, cremated remains or
hydrolyzed human remains may be placed in one or more keepsake urns.
Keepsake urns shall be kept as authorized by the person or persons with the
right to control disposition pursuant to Section 7100, provided that a permit
for disposition of human remains pursuant to Section 103060 is issued by
the local registrar for each keepsake urn designating the home address of
each person receiving a keepsake urn and a permit fee pursuant to Section
103065 is paid. No keepsake urn shall be subject to Section 8345. For
purposes of this section, a keepsake urn shall mean a closed durable container
that will accommodate an amount of cremated remains or hydrolyzed human
remains not to exceed one cubic centimeter.
(c) Prior to disposition of cremated remains or hydrolyzed human remains,
every licensee or registrant pursuant to Chapter 12 (commencing with
Section 7600) of Division 3 of the Business and Professions Code, and the
agents and employees of the licensee or registrant shall do all of the
following:
(1) Remove the cremated remains or hydrolyzed human remains from
the place of cremation or hydrolysis in a durable container.
(2) Keep the cremated remains or hydrolyzed human remains in a durable
container.
(3) Store the cremated remains or hydrolyzed human remains in a place
free from exposure to the elements.
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(4) Responsibly maintain the cremated remains or hydrolyzed human
remains.
(d) This section shall become operative on July 1, 2020.
SEC. 62. Section 7054.8 is added to the Health and Safety Code, to read:
7054.8. (a) Except with the express written permission of the person
entitled to control the disposition of the remains, no person shall do any of
the following:
(1) Hydrolyze the remains of more than one person at the same time in
the same hydrolysis chamber, or introduce the remains of a second person
into a hydrolysis chamber until dissolution of any preceding remains has
been terminated and reasonable efforts have been employed to remove all
fragments of the preceding remains. The fact that there is residue in the
hydrolysis chamber or other equipment or any container used in a prior
hydrolysis is not a violation of this section.
(2) Dispose of or scatter hydrolyzed human remains in a manner or in
such a location that the remains are commingled with those of another
person. This paragraph shall not apply to the scattering of hydrolyzed human
remains at sea from individual containers or to the disposal in a dedicated
cemetery of accumulated residue removed from processing equipment.
(3) Place hydrolyzed human remains or other remains of more than one
person in the same container or the same interment space. This paragraph
shall not apply to the following:
(A) Interment of members of the same family in a common container
designed for the hydrolyzed human remains of more than one person.
(B) Interment in a space or container that has been previously designated
at the time of sale as being intended for the interment of remains of more
than one person.
(C) Disposal in a dedicated cemetery of residue removed from processing
equipment.
(b) Written acknowledgment from the person entitled to control the
disposition of the hydrolyzed human remains shall be obtained by the person
with whom arrangements are made for disposition of the remains on a form
that includes, but is not limited to, the following information: “The human
body is hydrolyzed with organic protein-based material such as wool, silk,
cotton, or other protein-based material in the hydrolysis chamber. Bone
fragments are not hydrolyzable and, as a result, remain in the chamber. The
hydrolyzed remains will be dried and crushed, pulverized, or ground to
facilitate inurnment or scattering.” The acknowledgment shall be filed and
retained, for at least five years, by the person who disposes of or inters the
remains.
(c) A person, including any corporation or partnership, that violates any
provision of this section is guilty of a misdemeanor.
(d) This section shall become operative on July 1, 2020.
SEC. 63. Section 7055 of the Health and Safety Code is amended to
read:
7055. (a) Every person, who for himself or herself or for another person,
inters or incinerates a body or permits the same to be done, or removes any
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Ch. 846— 23 —
remains, other than cremated remains, from the primary registration district
in which the death or incineration occurred or the body was found, except
a removal by a funeral director in a funeral director’s conveyance or an
officer of a duly accredited medical college engaged in official duties with
respect to the body of a decedent who has willfully donated his or her body
to the medical college from that registration district or county to another
registration district or county, or within the same registration district or
county, without the authority of a burial or removal permit issued by the
local registrar of the district in which the death occurred or in which the
body was found; or removes interred human remains from the cemetery in
which the interment occurred, or removes cremated remains from the
premises on which the cremation occurred without the authority of a removal
permit is guilty of a misdemeanor and punishable as follows:
(1) For the first offense, by a fine of not less than ten dollars ($10) nor
more than five hundred dollars ($500).
(2) For each subsequent offense, by a fine of not less than fifty dollars
($50) nor more than five hundred dollars ($500) or imprisonment in the
county jail for not more than 60 days, or by both.
(b) Notwithstanding subdivision (a), a funeral director of a licensed
out-of-state funeral establishment may transport human remains out of this
state without a removal permit when he or she is acting within the
requirements specified in subdivision (b) of Section 103050.
(c) This section shall remain in effect only until July 1, 2020, and as of
that date is repealed.
SEC. 64. Section 7055 is added to the Health and Safety Code, to read:
7055. (a) Every person, who for himself or herself or for another person,
inters, cremates, or hydrolyzes a body or permits the same to be done, or
removes any remains, other than cremated remains or hydrolyzed human
remains, from the primary registration district in which the death, cremation,
or hydrolysis occurred or the body was found, except a removal by a funeral
director in a funeral director’s conveyance or an officer of a duly accredited
medical college engaged in official duties with respect to the body of a
decedent who has willfully donated his or her body to the medical college
from that registration district or county to another registration district or
county, or within the same registration district or county, without the
authority of a burial or removal permit issued by the local registrar of the
district in which the death occurred or in which the body was found; or
removes interred human remains from the cemetery in which the interment
occurred, removes cremated remains from the premises on which the
cremation occurred, or removes hydrolyzed human remains from the
premises on which the hydrolysis occurred without the authority of a removal
permit is guilty of a misdemeanor and punishable as follows:
(1) For the first offense, by a fine of not less than ten dollars ($10) nor
more than five hundred dollars ($500).
(2) For each subsequent offense, by a fine of not less than fifty dollars
($50) nor more than five hundred dollars ($500) or imprisonment in the
county jail for not more than 60 days, or by both.
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(b) Notwithstanding subdivision (a), a funeral director of a licensed
out-of-state funeral establishment may transport human remains out of this
state without a removal permit when he or she is acting within the
requirements specified in subdivision (b) of Section 103050.
(c) This section shall become operative on July 1, 2020.
SEC. 65. Section 7116 of the Health and Safety Code is amended to
read:
7116. (a) Cremated remains may be scattered in areas where no local
prohibition exists, provided that the cremated remains are not distinguishable
to the public, are not in a container, and that the person who has control
over disposition of the cremated remains has obtained written permission
of the property owner or governing agency to scatter on the property. A
state or local agency may adopt an ordinance, regulation, or policy, as
appropriate, authorizing, consistent with this section, or specifically
prohibiting, the scattering of cremated human remains on lands under the
agency’s jurisdiction. The scattering of the cremated remains of more than
one person in one location pursuant to this section shall not create a cemetery
pursuant to Section 7003 or any other provision of law.
(b) This section shall remain in effect only until July 1, 2020, and as of
that date is repealed.
SEC. 66. Section 7116 is added to the Health and Safety Code, to read:
7116. (a) Cremated remains or hydrolyzed human remains may be
scattered in areas where no local prohibition exists, provided that the
cremated remains or hydrolyzed human remains are not distinguishable to
the public, are not in a container, and that the person who has control over
disposition of the cremated remains or hydrolyzed human remains has
obtained written permission of the property owner or governing agency to
scatter on the property. A state or local agency may adopt an ordinance,
regulation, or policy, as appropriate, authorizing, consistent with this section,
or specifically prohibiting, the scattering of cremated human remains or
hydrolyzed human remains on lands under the agency’s jurisdiction. The
scattering of the cremated remains or hydrolyzed human remains of more
than one person in one location pursuant to this section shall not create a
cemetery pursuant to Section 7003 or any other provision of law.
(b) This section shall become operative on July 1, 2020.
SEC. 67. Section 7117 of the Health and Safety Code is amended to
read:
7117. (a) Cremated remains may be taken by boat from any harbor in
this state, or by air, and scattered at sea. Cremated remains shall be removed
from their container before the remains are scattered at sea.
(b) Any person who scatters at sea, either from a boat or from the air,
any human cremated remains shall, file with the local registrar of births and
deaths in the county nearest the point where the remains were scattered, a
verified statement containing the name of the deceased person, the time and
place of death, the place at which the cremated remains were scattered, and
any other information that the local registrar of births and deaths may require.
The first copy of the endorsed permit shall be filed with the local registrar
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Ch. 846— 25 —
of births and deaths within 10 days of disposition. The third copy shall be
returned to the office of issuance.
(c) For purposes of this section, the phrase “at sea” includes the inland
navigable waters of this state, exclusive of lakes and streams, provided that
no such scattering may take place within 500 yards of the shoreline. Nothing
in this section shall be construed to allow the scattering of cremated human
remains from a bridge or pier.
(d) Notwithstanding any other provision of this code, the cremated
remains of a deceased person may be scattered at sea as provided in this
section and Section 103060.
(e) This section shall remain in effect only until July 1, 2020, and as of
that date is repealed.
SEC. 68. Section 7117 is added to the Health and Safety Code, to read:
7117. (a) Cremated remains or hydrolyzed human remains may be taken
by boat from any harbor in this state, or by air, and scattered at sea. Cremated
remains or hydrolyzed human remains shall be removed from their container
before the remains are scattered at sea.
(b) Any person who scatters at sea, either from a boat or from the air,
any human cremated remains or hydrolyzed human remains shall file with
the local registrar of births and deaths in the county nearest the point where
the remains were scattered, a verified statement containing the name of the
deceased person, the time and place of death, the place at which the cremated
remains or hydrolyzed human remains were scattered, and any other
information that the local registrar of births and deaths may require. The
first copy of the endorsed permit shall be filed with the local registrar of
births and deaths within 10 days of disposition. The third copy shall be
returned to the office of issuance.
(c) For purposes of this section, the phrase “at sea” includes the inland
navigable waters of this state, exclusive of lakes and streams, provided that
no such scattering may take place within 500 yards of the shoreline. Nothing
in this section shall be construed to allow the scattering of cremated human
remains or hydrolyzed human remains from a bridge or pier.
(d) Notwithstanding any other provision of this code, the cremated
remains or hydrolyzed human remains of a deceased person may be scattered
at sea as provided in this section and Section 103060.
(e) This section shall become operative on July 1, 2020.
SEC. 69. Article 8 (commencing with Section 8370) is added to Chapter
2 of Part 3 of Division 8 of the Health and Safety Code, to read:
Article 8. Hydrolysis Facilities
8370. All hydrolyzed human remains not disposed of in accordance with
this chapter, within one year, shall be interred.
8372. A hydrolysis facility shall not make or enforce any rules requiring
that human remains be placed in a casket before hydrolysis or that human
remains be hydrolyzed in a casket, nor shall a hydrolysis facility refuse to
89
— 26 —Ch. 846
accept human remains for hydrolysis for the reason that they are not in a
casket. Every director, officer, agent, or representative of a hydrolysis facility
who violates this section is guilty of a misdemeanor. Nothing in this section
shall be construed to prohibit the requiring of some type of container or
disposal unit, as specified in Section 7006.6.
8374. (a) A hydrolysis facility shall maintain on its premises, or other
business location within the state, an accurate record of all hydrolyses
performed, including all of the following information:
(1) Name of the referring funeral director, if any.
(2) Name of the deceased.
(3) Date of the hydrolysis.
(4) Name of the hydrolysis chamber operator.
(5) Disposition of the hydrolyzed human remains.
(6) Time and date that the body was inserted into the hydrolysis chamber.
(7) Time and date that the body was removed from the hydrolysis
chamber.
(8) Time and date that final processing of the hydrolyzed human remains
was complete.
(9) Name and address of the authorizing agent.
(10) Identification number assigned to the deceased, pursuant to Section
8376.
(11) A photocopy of the disposition permit filed in connection with the
disposition.
(12) Any documentation of compliance with appropriate environmental
and safety laws.
(13) Body mass of the deceased, along with temperature, time duration,
and pressure at which the hydrolysis was performed.
(b) A hydrolysis facility shall maintain on its premises, or other business
location within the state, records of the maintenance performed on the
hydrolysis chamber.
(c) Information described in this section shall be maintained for at least
10 years after the hydrolysis is performed and shall be subject to inspection
by the Cemetery and Funeral Bureau.
8376. (a) A hydrolysis facility shall maintain an identification system
allowing identification of each decedent beginning from the time the
hydrolysis facility accepts delivery of human remains until the point at
which it releases the hydrolyzed human remains to a third party. After
hydrolysis, an identifying disk, tab, or other permanent label shall be placed
with the urn or hydrolyzed human remains container before the hydrolyzed
human remains are released from the hydrolysis facility. Each identification
disk, tab, or label shall contain the license number of the hydrolysis facility
and shall have a unique number that shall be recorded on all documents
regarding the decedent and in the hydrolysis log. Each hydrolysis facility
shall maintain a written procedure for identification of remains. The
identification requirements pertaining to an identifying disk, tab, or other
label to be placed within the urn or hydrolyzed human remains container
89
Ch. 846— 27 —
shall not apply to hydrolyzed human remains placed in a keepsake urn
pursuant to subdivision (b) of Section 7054.6 if space does not permit.
(b) A hydrolysis facility that fails, when requested by an official of the
Cemetery and Funeral Bureau, to produce a written procedure for
identification of remains shall have 15 working days from the time of the
request to produce an identification procedure for review by the chief of the
Cemetery and Funeral Bureau. The license of the hydrolysis facility shall
be suspended pursuant to Chapter 5 (commencing with Section 11500) of
Part 1 of Division 3 of Title 2 of the Government Code, if no identification
procedure is produced for review after 15 working days have elapsed.
8378. Within two hours after a licensed hydrolysis facility takes custody
of a body that has not been embalmed, it shall refrigerate the body at a
temperature not greater than 50 degrees Fahrenheit, unless the hydrolysis
process will begin within 24 hours of the time that the hydrolysis facility
took custody.
8380. (a) The hydrolysis facility licensee, or its authorized
representatives, shall provide instruction to all hydrolysis facility personnel
involved in the hydrolysis process. This instruction shall lead to a
demonstrated knowledge on the part of an employee regarding identification
procedures used during hydrolysis, operation of the hydrolysis chamber and
processing equipment, safe work practices and procedures for the handling
of corrosive materials, and all laws relevant to the handling of a body and
hydrolyzed human remains. This instruction shall be outlined in a written
plan maintained by the hydrolysis facility licensee for inspection and
comment by an inspector of the Cemetery and Funeral Bureau.
(b) No employee shall be allowed to operate any hydrolysis equipment
until the employee has demonstrated to the certified manager of a licensed
hydrolysis facility or authorized representative of the licensee that the
employee understands the procedures required to ensure that health and
safety conditions are maintained at the hydrolysis facility and that hydrolyzed
human remains are not commingled other than for acceptable residue, as
defined. The hydrolysis facility licensee shall maintain a record to document
that an employee has received the training specified in this section.
(c) A hydrolysis facility that fails, when requested by an official of the
bureau, to produce a written employee instruction plan or record of employee
training for inspection shall have 15 working days from the time of the
request to produce a plan or training record for review by the chief of the
Cemetery and Funeral Bureau. The license of a hydrolysis facility shall be
suspended, pursuant to Chapter 5 (commencing with Section 11500) of Part
1 of Division 3 of Title 2 of the Government Code, if no plan or training
record is produced for review after 15 working days have elapsed.
8382. This article shall become operative on July 1, 2020.
SEC. 70. Section 103055 of the Health and Safety Code is amended to
read:
103055. (a) If the certificate of death is properly executed and complete,
the local registrar of births and deaths shall issue a permit for disposition
that, in all cases, shall specify any one of the following:
89
— 28 —Ch. 846
(1) The name of the cemetery where the remains shall be interred.
(2) Burial at sea as provided in Section 7117.
(3) The address or description of the place where remains shall be buried
or scattered.
(4) The address of the location where the cremated remains will be kept,
as provided in Section 7054.6, under the conditions the state registrar may
approve, including, but not limited to, conditions in keeping with public
sensibilities, applicable laws, and reasonable assurances that the disposition
will be carried out in accordance with the prescribed conditions and will
not constitute a private or public nuisance.
(b) Notwithstanding any other provisions of this part relative to issuance
of a permit for disposition, whenever the death occurred from a disease
declared by the state department to be infectious, contagious, or
communicable and dangerous to the public health, no permit for the
disposition of the body shall be issued by the local registrar, except under
those conditions as may be prescribed by the state department and local
health officers.
(c) This section shall remain in effect only until July 1, 2020, and as of
that date is repealed.
SEC. 71. Section 103055 is added to the Health and Safety Code, to
read:
103055. (a) If the certificate of death is properly executed and complete,
the local registrar of births and deaths shall issue a permit for disposition,
that in all cases, shall specify any one of the following:
(1) The name of the cemetery where the remains shall be interred.
(2) Burial at sea as provided in Section 7117.
(3) The address or description of the place where remains shall be buried
or scattered.
(4) The address of the location where the cremated remains or hydrolyzed
human remains will be kept, as provided in Section 7054.6, under the
conditions the state registrar may approve, including, but not limited to,
conditions in keeping with public sensibilities, applicable laws, and
reasonable assurances that the disposition will be carried out in accordance
with the prescribed conditions and will not constitute a private or public
nuisance.
(b) Notwithstanding any other provisions of this part relative to issuance
of a permit for disposition, whenever the death occurred from a disease
declared by the state department to be infectious, contagious, or
communicable and dangerous to the public health, no permit for the
disposition of the body shall be issued by the local registrar, except under
those conditions as may be prescribed by the state department and local
health officers.
(c) This section shall become operative on July 1, 2020.
SEC. 72. Section 103060 of the Health and Safety Code is amended to
read:
103060. (a) A permit for disposition for the purpose of removing
cremated remains from the place of cremation or interment shall include a
89
Ch. 846— 29 —
description of the final place of disposition sufficient to identify the place
and shall be issued by the local registrar to the person having the right to
control the disposition of the remains under Section 7100 upon the
application of that person.
(b) A permit for disposition shall be issued under this section only upon
the signed acknowledgment by the person making application that trespass
and nuisance laws apply to the disposition and that the permit gives no right
of unrestricted access to property not owned by the person for the purpose
of disposing of the remains.
(c) The person to whom the permit for disposition was issued shall sign
the permit, endorse upon it the date of final disposition and, within 10 days,
return the first copy of the permit so endorsed to the local registrar of the
district in which the disposition took place. The third copy of the permit
shall be returned to the office of issuance. After one year, the local registrar
may destroy any original or duplicate permit retained by him or her pursuant
to this section.
(d) This section shall remain in effect only until July 1, 2020, and as of
that date is repealed.
SEC. 73. Section 103060 is added to the Health and Safety Code, to
read:
103060. (a) A permit for disposition for the purpose of removing
cremated remains or hydrolyzed human remains from the place of cremation,
hydrolysis, or interment shall include a description of the final place of
disposition sufficient to identify the place and shall be issued by the local
registrar to the person having the right to control the disposition of the
remains under Section 7100 upon the application of that person.
(b) A permit for disposition shall be issued under this section only upon
the signed acknowledgment by the person making application that trespass
and nuisance laws apply to the disposition and that the permit gives no right
of unrestricted access to property not owned by the person for the purpose
of disposing of the remains.
(c) The person to whom the permit for disposition was issued shall sign
the permit, endorse upon it the date of final disposition and, within 10 days,
return the first copy of the permit so endorsed to the local registrar of the
district in which the disposition took place. The third copy of the permit
shall be returned to the office of issuance. After one year, the local registrar
may destroy any original or duplicate permit retained by him or her pursuant
to this section.
(d) This section shall become operative on July 1, 2020.
SEC. 74. Section 103080 of the Health and Safety Code is amended to
read:
103080. (a) The person in charge of the place of interment, or the funeral
director or person acting as funeral director if no person is in charge, shall
sign the permit, endorse upon it the date of interment or cremation, and,
within 10 days, return the first copy of the permit so endorsed to the local
registrar of the district in which the interment took place. The third copy of
the permit shall be returned to the office of issuance. After one year, the
89
— 30 —Ch. 846
local registrar may destroy any original or duplicate permit retained by the
local registrar pursuant to this section.
(b) This section shall remain in effect only until July 1, 2020, and as of
that date is repealed.
SEC. 75. Section 103080 is added to the Health and Safety Code, to
read:
103080. (a) The person in charge of the place of interment, or the funeral
director or person acting as funeral director if no person is in charge, shall
sign the permit, endorse upon it the date of interment, hydrolysis, or
cremation, and, within 10 days, return the first copy of the permit so endorsed
to the local registrar of the district in which the interment took place. The
third copy of the permit shall be returned to the office of issuance. After
one year, the local registrar may destroy any original or duplicate permit
retained by the local registrar pursuant to this section.
(b) This section shall become operative on July 1, 2020.
SEC. 76. No reimbursement is required by this act pursuant to Section
6 of Article XIIIB of the California Constitution because a local agency or
school district has the authority to levy service charges, fees, or assessments
sufficient to pay for the program or level of service mandated by this act or
because costs that may be incurred by a local agency or school district will
be incurred because this act creates a new crime or infraction, eliminates a
crime or infraction, or changes the penalty for a crime or infraction, within
the meaning of Section 17556 of the Government Code, or changes the
definition of a crime within the meaning of Section 6 of Article XIII B of
the California Constitution.
O
89
Ch. 846— 31 —
Page 1 of 2
LEGISLATIVE AND PUBLIC AFFAIRS COMMITTEE Meeting Date 04/09/18 To Bd. of Dir. --
AGENDA REPORT Item Number 6 Item Number --
Orange County Sanitation District FROM: James D. Herberg, General Manager Originator: Robert P. Ghirelli, Assistant General Manager SUBJECT: LEGISLATIVE AFFAIRS UPDATE
GENERAL MANAGER'S RECOMMENDATION Information Only.
BACKGROUND The Orange County Sanitation District’s (Sanitation District) legislative affairs program includes advocating the Sanitation District’s legislative interests, sponsoring legislation (where appropriate), and seeking Federal/State funding for projects.
Staff will provide an update on recent legislative activities. RELEVANT STANDARDS
• Unified legislative advocacy and public outreach program
• Build brand, trust, and support with policy makers and community leaders
• Maintain collaborative and cooperative relationships with neighboring agencies
• Listen to and seriously consider community input on environmental concerns
• Use all practical and effective means for recovering wastewater for reuse
PROBLEM Without a strong advocacy program, elected officials may not be aware that the Sanitation District is more than a wastewater treatment plant – treating and sending water to the
ocean. The Sanitation District is an environmentally engaged organization which recycles more than 50 percent of its wastewater. Additionally, to help meet the goal of 100 percent recycling, the Sanitation District uses the byproducts from the wastewater treatment
process to produce biosolids and energy used to help run the two plants in Fountain Valley and Huntington Beach. PROPOSED SOLUTION
Work with Local, State, and Federal officials to advocate the Sanitation District’s legislative interests. Help to create/monitor legislation and grants that would benefit the Sanitation District, the wastewater industry, and the community as a whole. To assist in
Page 2 of 2
our relationship building activities, we will continue to reach out to our elected officials providing facility tours, one-on-one meetings, and trips to D.C. and Sacramento.
RAMIFICATIONS OF NOT TAKING ACTION
If we do not work with Local, State, and Federal elected officials, legislation could be passed that negatively affects the Sanitation District and the wastewater industry as a whole. Additionally, this could affect our chances of receiving grant funding.
ADDITIONAL INFORMATION OCSD sponsored bill AB 2003 by Assemblyman Tom Daly will amend public contracting code for sanitation districts to modify the bid advertising requirement to post construction
bid notices in a newspaper. The bill has been well received by local agencies, cities and
associations. To date, we have received letters of support from: California Special Districts Association, Irvine Ranch Water District, Midway City Sanitary District, Costa Mesa Sanitary District, County Sanitation Districts of Los Angeles County, City of Fullerton and City of Placentia, City of Irvine Council Member Melissa Fox. Additionally,
OCWD, City of Huntington Beach and CASA have both agreed to suport the bill.
ATTACHMENT
The following attachment(s) are included in hard copy and may also be viewed on-line at the OCSD website
(www.ocsd.com) with the complete agenda package:
• Federal Update & Legislative Matrix - ENS Resources
• State Update & Legislative Matrix - Townsend Public Affairs
• Grant Matrix
ENS Resources, Inc. 1901 Pennsylvania Avenue, N.W./Suite 1005 Washington, D.C. 20006 202.466.3755/www.ensresources.com
M E M O R A N D U M TO: Rebecca Long FROM: Eric Sapirstein DATE: March 19, 2018 SUBJECT: Washington Update At this writing Congress continues to work toward reaching a final agreement on an omnibus spending bill for the remaining months of fiscal year 2018. The assumption remains that an agreement will be reached, but the ongoing effort to attach policy riders continues to create hurdles to wrapping up a funding agreement. On the policy front, Senate Democrats released an alternative infrastructure policy paper in response to the Administration’s Principles Paper that seeks to unleash $1 trillion in new spending over the next decade. Finally, with the Easter/Passover congressional recess approaching, signaling the beginning of developing fiscal year 2019 spending bills, the congressional leadership has made passage of the twelve spending bills a priority within the next four months to secure final enactment by October 1, doing away with the uncertainty created by stopgap spending bills in the middle of the congressional election cycle. The following summarize issues of interest to OCSD.
Fiscal Year 2018 Ominbus and 2019 Appropriations Central to Remaining Months of Session The federal government continues to operate on a month-to-month basis until the current stopgap spending bill expires on March 23. According to congressional budget leaders and their committee staff, spending priorities have, for all intents and purposes, have been reached. The hurdles that remain center upon policy riders that would modify existing federal rules and policies or preclude certain activities related healthcare. Among the most controversial is an effort to commit $20 million to construct the enlargement of Shasta Dam/Reservoir.
2 | Page
Under existing law, the Water Infrastructure Improvements for the Nation (WIIN) Act can only begin if a nonfederal entity, like the state, agrees to finance the project. The Governor has stated that because of the designation of the waterway as wild and scenic, the enlargement is unlikely to be financed. In any event, support outside of Majority Leader Kevin McCarthy (R-CA) remains difficult to judge with California Democrats united against the effort and Senators Feinstein and Harris refusing to take a position on what is a House driven initiative. Because of ongoing reviews by the state to select water projects under Proposition 1 it is likely that any successful effort to pass a rider would be restricted to studies. Aside from this water policy matter, the annual policy rider ritual of recent years to prevent USEPA from implementing the Water of the US (WOTUS) is also being pursued. However, Representative Ken Calvert (R-CA) who sits as the Chair of the subcommittee with jurisdiction over USEPA has indicated that given the agency’s progress to reverse the rule makes a rider unnecessary. Finally, on the key question of funding infrastructure programs, both the Senate and House are expected to maintain core programs like the SRF at approximately $2.3 billion and Water Infrastructure Finance and Innovation Act (WIFIA) at $30 million. In addition, we anticipated that funding of the United States Bureau of Reclamation’s (USBR) WIIN competitive grants program will be adequately supported ensuring that OCSD will receive the first installment of assistance for its Headworks Segregation Project.
Fiscal Year 2019 Budget Request Congressional committees with jurisdiction over federal agencies have begun the annual oversight of the Administration’s budget proposal. This process will be followed by Committee on Appropriations reviews and markups of spending bills for federal departments and agencies for the budget year that begins October 1, 2018. What has been an obstacle to developing spending priorities has effectively been put to the side with the decision in January to provide for an additional $67 billion in new domestic spending authority and thereby eliminates the prospect of protracted debates that stalled actual decisions on how to fund actual programs. In fact, the White House released an addendum to its budget proposal, boosting the funding request for the State Revolving Fund (SRF) by $300 million, bringing the request to current level SRF funding to $2.3 billion. Notwithstanding the Administration budget request, congressional appropriators now have greater latitude to increase (or maintain) spending on programs like water infrastructure that assist local agencies like OCSD. Based upon the current congressional schedule, we anticipate that the spending bills will be acted upon by the House prior to the July 4th Recess with Senate action later in the summer. If this schedule is met, and recent history makes it unlikely, spending bills could be sent to the President by October 1. However, unrelated spending matters like policy riders could conspire to delaying final action until after the congressional elections in November.
3 | Page
Senate Democrats Release Infrastructure Priorities and House Leadership Dash Hopes for a Massive Infrastructure Bill In response to the President’s infrastructure plan that was officially released last month along with the fiscal year 2019 budget request, Senate Democrats coalesced over an alternative approach, rejecting a reliance on public private partnerships and privatization. Instead, the approach seeks to fund water infrastructure needs through the traditional grants approach not seen since the early 1980’s. Under the plan, $90 billion would be appropriated to support equally the SRF clean water and drinking water programs. Unlike the current SRF approach, states would be required to provide at least 50% of provided assistance through direct grants. Authority would also be provided to provide grants using the entire allocation of assistance to a state. A state’s share would be determined relying on the existing SRF allocation formula. This would provide California with approximately $3.250 billion in assistance. While this funding assistance represents a dramatic departure from current policy, its prospects of becoming law seem remote. This view exists because in order to appropriate the assistance, Congress would need to find an offset for the new spending. Under the proposal, the offset would be found by reversing the recently enacted tax cuts. Meanwhile, House and Senate efforts to address infrastructure continue slowly on an individual program approaches. First, Representative Napolitano (D-CA) joined by OCSD’s Representative Allan Lowenthal (D-CA) introduced H.R. 5127 that would boost funding levels for the WIIN competitive grants program that OCSD received funding approval for its Headworks Project. Under the bill’s approach, instead of a comprehensive national infrastructure policy, H.R. 5127 would simply increase funding of Title XVI and the WIIN competitive grants program by $500 million. The bill would also make WIIN a permanent program changing it from a pilot program that expires in five years. The effort to address the need for additional wastewater funding continues to be a work in progress. Identical House and Senate bills, H.R. 4902 and S. 2364 are pending consideration at the committee level. Under this approach, a new WIFIA-like program would be created. A State SRF could seek funding assistance from this program. The states would then use assistance to leverage funding to provide low cost 100% loans to wastewater treatment facility project sponsors. Under this approach, California would be authorized to fund up to $7 billion in new infrastructure projects over five years. Unlike the current WIFA program, there would be no application fees, reducing the costs of financing and making such loans, in theory, competitive with SRF assistance. In response to concerns that this approach might threaten the funding of the core SRF program, the bill authors (including Senator Dianne Feinstein, D-CA) included language that prevents funding of the new program unless a minimum of $2.3 billion is appropriated annually to maintain the program and avoid the new program being used to replace the SRF.
OCSD
Federal
Bills of Interest
BILL AUTHOR SUMMARY LATEST ACTION OCSD POSITION OTHER
POSITIONS
H.R.1071 Paul Tonko (D-NY)Assistance, Quality, and Affordability Act of 2017. Amends
the Safe Drinking Water Act to increase assistance for States,
water systems, and disadvantaged communities; to encourage
good financial and environmental management of water
systems; to strengthen the Environmental Protection Agency’s
ability to enforce the requirements of the Act; and for other
purposes.
Introduced 2/13/17
Referred to the
House Committee
on Energy and
Commerce 2/15/17
Watch No supporters of
note for OCSD
H.R. 465 Bob Gibbs (R-OH)Water Quality Improvement Act. Amends the Clean Water
Act to allow for integreated plan permits for CSO's and related
wet weather compliance needs in association with traditional
discharge mandates to allow for priority setting
Introduced
1/12/2017 Referred
to House Committee
on Transportation &
Infrastructure Mark-
up likely in July
Watch NACWA
Supports/Could
become vehicle
for permit term
extensions to ten
years from five
years
H.R.1068 Frank Pallone (D-NJ)Safe Drinking Water Act Amendments of 2017. To enable
needed drinking water standards, reduce lead in drinking water,
plan for and address threats from climate change, terrorism,
and source water contamination, invest in drinking water
infrastructure, increase compliance with drinking water
standards, foster greater community right to know about
drinking water quality, and promote technological solutions for
drinking water challenges.
Introduced in House
2/15/17, Referred to
Subcommittee on
Environment
2/17/17
Watch No supporters of
note for OCSD
H.R. 1663 Robert Wittman (R-VA)Water Resources Research Amendments Act. Amends the
Water Resources Research Act of 1984 to reauthorize grants
for and require applied water supply research regarding the
water resources research and technology institutes established
under that Act.
Introduced 3/21/17
Referred to
Committee on
Natural Resources -
3/21/17
Watch No supporters of
note for OCSD
H.R. 1579 Scott H. Peters (D-CA)Secure and Resilient Water Systems Act. To require drinking
water systems to assess and address their vulnerabilities to
climate change, source water degradation, and intentional acts
to ensure secuity and resiliency.
Introduced in House
3/16/17, referred to
Committee on
Energy and
Commerce
Watch No supporters of
note for OCSD
H.R. 434 Jeff Denham (R-CA)New WATER Act. Authorizes the Department of the Interior,
for 15 years after this bill's enactment, to provide financial
assistance, such as secured loans or loan guarantees, to
entities that contract under federal reclamation law to carry out
water projects within the 17 western states served by the
Bureau of Reclamation, other states where the Bureau is
authorized to provide project assistance, Alaska, and Hawaii.
Introduced 1/11/17
Referred to
Subcommittee on
Water, Power, and
Oceans - 2/7/17
Watch No supporters of
note for OCSD
Proposed Federal Legislation 2017-2018
Priority
OCSD
Federal
Bills of Interest
BILL AUTHOR SUMMARY LATEST ACTION OCSD POSITION OTHER
POSITIONS
H.R. 448 Jared Huffman (D-CA)Water Conservation Rebate Tax Parity Act. Amends the
Internal Revenue Code to expand the tax exclusion for energy
conservation subsidies provided by public utilities to exclude
from gross income subsidies provided: (1) by a public utility to a
customer, or by a state or local government to a resident of
such state or locality, for the purchase or installation of any
water conservation or efficiency measure; and (2) by a storm
water management provider to a customer, or by a state or
local government to a resident of such state or locality, for the
purchase or installation of any storm water management
measure.
Introduced
1/11/2017 Referred
to Committee on
Ways and Means -
1/11/17
Support ACWA and
CASA Support
S. 692 Deb Fischer (R-NE)Water infrastructure Flexibility Act provides for integrated
plan permits, to establish an Office of the Municipal
Ombudsman, to promote green infrastructure, and to require
the revision of financial capability guidance.
Approved by Senate
without objection on
Unanimous Consent
on 10/10/17 and
referred to House
Committee on
Transportation &
Infrastructure
Support NACWA
Supports
H.R. 1654 Tom McClintock (R-CA)Water Supply Permitting Coordination Act To authorize the
Secretary of the Interior to coordinate Federal and permitting
processes related to the construction of new surface water
storage projects on lands under the jurisdiction of the Secretary
of the Interior and the Secretary of Agriculture and to designate
the Bureau of Reclamation as the lead agency for permit
processing, and for other purposes.
Introduced 3/21/17
Referred to
Committee on
Natural
Resources,ePassed
House and referred
to Senate 6/26/17
Watch No supporters of
note for OCSD
H.R.998 Jason Smith (R-MO)SCRUB Act SCRUB would institutionalize a process to identify
those regulations that are eligible to be repealed. Under the
measure, a bipartisan review commission would examine rules
fifteen years or older that are determined to be not necessary
and should be repealed immediately, or given to the
appropriate agency for the purposes of prioritizing the rule for
repeal.
Passed House
3/1/17 240-185,
Received in Senate
- referred to
Committee on
Homeland Security
and Governmental
Affairs
Support No supporters of
note for OCSD
H.R. 1653 Robert E. Latta (R-OH)Drinking Water Affordability Act amends certain provisions
of the Safe Drinking Water Act, and for other purposes.
Introduced
3/21/2017 Referred
to Subcommittee on
Environment
Watch No supporters of
note for OCSD
OCSD
Federal
Bills of Interest
BILL AUTHOR SUMMARY LATEST ACTION OCSD POSITION OTHER
POSITIONS
H.R. 1807 Louie Gohmert (R-TX) Public Water Supply Invasive Species Compliance Act of
2017 amends the Lacey Act and the Lacey Act Amendments of
1981 by exempting certain water transfers between public
water supplies located on, along, or across the boundaries of
Texas, Arkansas, and Louisiana from prohibitions on illegal
trade of plants and wildlife. Specifically, the prohibitions do not
apply to covered water transfers containing a prohibited
species if: (1) the species are present in both public water
supplies before the transfer and the water is transferred directly
between them; or (2) the water is transferred in a closed
conveyance system (a closed system that collects, contains,
and transports the flow of water, such as pipe systems) and
sent directly to treatment facilities where the species will be
destroyed.
Introduced
3/30/2017 Ordered
to be Reported
(Amended)
4/27/2017
Watch No supporters of
note for OCSD
S. 896 Richard Burr (R-NC)A bill to permanently reauthorize the Land and Water
Conservation Fund. This bill amends the Land and Water
Conservation Fund Act of 1965 to make permanent the
authorization for the Land and Water Conservation Fund. The
greater of 1.5% of the annual authorized funding amount or $10
million shall be used for projects that secure recreational public
access to existing federal public land for hunting, fishing, and
other recreational purposes.
Introduced and
referred to
Committee on
Energy and Natural
Resources
4/07/2017
Watch No supporters of
note for OCSD
H.R. 1971 Lloyd Smucker (R-PA)Water Infrastructure Flexibility Act to provide for integrated
plan permits, to establish an Office of the Municipal
Ombudsman, to promote green infrastructure, and to require
the revision of financial capability guidance.
Introduced and
referred to
Subcommittee on
Water Resources
and Environment-
4/07/2017
Support NACWA
Supports
S. 880 Tammy Baldwin (D-WI)Made In America Water Infrastructure Act to ensure the use
of American iron and steel in public water systems, and for
other purposes
Introduced and
referred to the
Committee on
Environment and
Public Works
4/07/2017
Watch No supporters of
note for OCSD
H.R. 2116 Stephen Knight (R-CA) Perchlorate Reclamation and Water Replenishment Act
amends the Reclamation Wastewater and Groundwater Study
and Facilities Act to authorize the Secretary of the Interior to
participate in a series of water reclamation projects to provide a
new water supply to communities previously impacted by
perchlorate contamination plumes.
Introduced
4/25/2017 Referred
to Committee on
Natural Resources
Watch NACWA
Supports
OCSD
Federal
Bills of Interest
BILL AUTHOR SUMMARY LATEST ACTION OCSD POSITION OTHER
POSITIONS
H.R. 1647 Earl Blumenauer (D-
OR)Water Infrastructure Trust Fund Act of 2017 to establish a
Water Infrastructure Trust Fund, and for other purposes
Introduced
3/21/2017 Referred
to Subcommittee on
Environment
Watch No supporters of
note for OCSD
H.R. 2510 Peter DeFazio (D-OR)Clean Water and Jobs Creation Act of 2017 to renew the
Clean Water SRF Program and to provide grants to support
resiliency needs
Introduced
5/19/2017
Support CASA Supports
S. 1137 Ben Cardin (D-MD)Clean Safe Reliable Water Infrastructure Act. Provides for a
robust funding of SRF programs and to establish a
WaterSense Program to promote water efficiency
Introduced
5/16/2017 Referred
to Committee on
Environment and
Public Works
Watch No supporters of
note for OCSD
S. 21 Paul Rand (R-KY)Regulations from the Executive in Need of Scrutiny Act of
2017. This bill will provide for congressional approval of
regulations with impacts of $100 million or greater
Reported to Senate
from Committee on
Homeland Security
and Governmental
Affairs
Watch No supporters of
note for OCSD
H.R. 3266 Michael Simpson (R-ID) Energy and Water Development and Related Agencies
Appropriations Act, 2018. This bill provides FY2018
appropriations for: the civil works projects of the U.S. Army
Corps of Engineers; the Department of the Interior's Bureau of
Reclamation and Central Utah Project; the Department of
Energy (DOE); and several independent agencies, including
the Nuclear Regulatory Commission.
Reported to House
without amendment
07/17/2017. Placed
on the Union
Calendar, Calendar
No. 163
Watch No supporters of
note for OCSD
S. 1696 Tom Udall (D-NM)Smart Energy and Water Efficiency Act provides for
language protecting against certification of technologies that
migh impair water treatment or increase costs.
Introduced 8/1/17
and referred to
Senate Committee
on Energy and
Natural Resources
Watch No supporters of
note for OCSD
but anticipate
CASA and
WateReuse will
support
H.R. 3275 Jerry McNerney (D-CA)Water and Energy Sustainability through Technology Act
provides for assistance to support innovation in water treatment
and water use efficiency.
Introduced and
referred to
Committees on
Energy and
Commerce, Natural
Resources,
Transportation and
Infrastructure,
Science Space and
Technology,
Agriculture 8/8/17
Watch No supporters of
note for OCSD
OCSD
Federal
Bills of Interest
BILL AUTHOR SUMMARY LATEST ACTION OCSD POSITION OTHER
POSITIONS
H.R. 3354 Kenneth Calvert (R-CA) Department of the Interior, Envirnment, and Related
Agencies Appropriations Act, 2018. This bill provides
FY2018 appropriations for the Department of the Interior, the
Environmental Protection Agency (EPA), and related agencies.
The bill provides annual appropriations for most of the
Department of the Interior, including: the Bureau of Land
Management, the U.S. Fish and Wildlife Service, the National
Park Service, the U.S. Geological Survey, the Bureau of Ocean
Energy Management, the Bureau of Safety and Environmental
Enforcement, the Office of Surface Mining Reclamation and
Enforcement, the Payments in Lieu of Taxes Program (PILT),
the Bureau of Indian Affairs, and the Bureau of Indian
Education.
The House
Committee on
Appropriations
reported an original
measure on
7/21/17.
Passed/agreed to in
House on 9/14/17
Pending FY 18
Budget negotiations
Watch No supporters of
note for OCSD
Clean Water
SRF is funded at
$1.3 billion
(current level)
S. 1609 Lamar Alexander (R-
TN)
Energy and Water Development and Related Agencies
Appropriations Act, 2018. This bill provides FY2018
appropriations for: the civil works projects of the U.S. Army
Corps of Engineers; the Department of the Interior's Bureau of
Reclamation and Central Utah
Introduced in the
Senate on 7/20/17.
Placed on Senate
Legislative Calendar
under General
Orders. Calendar
No. Pending
Budget Negotiations
Watch No supporters of
note for OCSD
Strong funding
for water
recycling project
assistance under
Title XVI and
WIIN
S. 1622 Bob Menendez (D-NJ) Beach Act of 2017. This bill amends the Federal Water
Pollution Control Act (commonly known as the Clean Water
Act) to revise and reauthorize through FY2021 a grant program
for monitoring, and notifying the public of, any pathogens in
coastal recreation waters bordering public beaches.
Senate - 07/24/2017
Read twice and
referred to the
Committee on
Environment and
Public Works.
Watch No supporters of
note for OCSD
H.R. 2755 Frank Pallone (D-NJ)Beach Act of 2017. Amends the Federal Water Pollution
Control Act (commonly known as the Clean Water Act) to
revise and reauthorize through FY2021 a grant program for
monitoring, and notifying the public of, any pathogens in
coastal recreation waters bordering public beaches.
House - 05/26/2017
Referred to the
Subcommittee on
Water Resources
and Environment
Watch No supporters of
note for OCSD
H.R. 2510 Peter DeFazio (D-OR)Water Quality Protection and Job Creation Act of 2017.
Amends the Federal Water Pollution Control Act to authorize
appropriations for State water pollution control revolving funds,
and for other purposes.
House - 05/18/2017
Referred to the
Subcommittee on
Water Resources
and Environment
Watch No supporters of
note for OCSD
OCSD
Federal
Bills of Interest
BILL AUTHOR SUMMARY LATEST ACTION OCSD POSITION OTHER
POSITIONS
S. 1464 Dianne Feinstein (D-
CA)Water Conservation Tax Parity Act. Amends the Internal
Revenue Code to expand the tax exclusion for energy
conservation subsidies provided by public utilities to exclude
from gross income subsidies provided (directly or indirectly): (1)
by a public utility to a customer, or by a state or local
government to a resident of such state or locality, for the
purchase or installation of any water conservation or efficiency
measure; and (2) by a storm water management provider to a
customer, or by a state or local government to a resident of
such state or locality, for the purchase or installation of any
storm water management measure.
Senate - 6/28/2017
Referred to the
Committee on
Finance
Watch WateReuse
Supports
S. 1700 Tom Udall (D-NM)Water Efficiency Improvement Act of 2017. Amend the
Energy Policy and Conservation Act to establish a WaterSense
program within the Enivronmental Protection Agency, and for
other purposes.
Senate - 8/2/2017
Referred to
Committee on
Environment and
Public Works
Watch No supporters of
note for OCSD
H.R. 2799 Jerry McNerney (D-CA)Western Water Recycling and Drought Relief Act. Amends
the Reclamation Wastewater and Groundwater Study and
Facilities Act to authorize the Department of the Interior to
participate in the design, planning, and construction of recycled
water system facilities in California.
House - 6/7/2017
Referred to
Subcommittee on
Water, Power and
Oceans
Watch No supporters of
note for OCSD
H.R. 3533 Salud Carbajal (D-CA)Coastal State Climate Preparedness Act of 2017. Amends
the Coastal Zone Management Act of 1972 to require the
Secretary of Commerce to establish a coastal climate change
adaptation preparedness and response program, and for other
purposes.
House - 7/28/2017
Referred to
Subcommittee on
Energy and Mineral
Resources
Watch No supporters of
note for OCSD
H.R. 3906 Denny Heck (D-WA)Innovative Stormwater Infrastructure Act of 2017.
Establishes centers of excellence for innovative stormwater
control infrastructure, and for other purposes.
House - 10/2/2017
Referred to
Committee on
Transportation and
Infrastructure and
Committee on
Science, Space,
and Technology
Watch No supporters of
note for OCSD
OCSD
Federal
Bills of Interest
BILL AUTHOR SUMMARY LATEST ACTION OCSD POSITION OTHER
POSITIONS
H.R. 4177 Matt Cartwright (D-PA)PREPARE Act of 2017. Enhances the Federal Government’s
planning and preparation for extreme weather and the Federal
Government’s dissemination of best practices to respond to
extreme weather, thereby increasing resilience, improving
regional coordination, and mitigating the financial risk to the
Federal Government from such extreme weather, and for other
purposes.
Hosue - 10/31/2017
Referred to
Committee on
Transportation and
Infrastructure and
Committee on
Oversight and
Government Reform
Watch No supporters of
note for OCSD
H.R. 4492 Brian Mast (R-FL)Water Infrastructure Finance and Innovation
Reauthorization Act of 2017. Reauthorizes and amends the
Water Infrastructure Finance and Innovation Act of 2014.
House -11/30/2017
Referred to the
Committee on
Transportation and
Infrastructure and
Committee on
Energy and
Commerce
Watch No supporters of
note for OCSD
H.R. 2917 Bob Gibbs (R-OH)Regulatory Certainty Act of 2017. Amends the Federal Water
Pollution Control Act to clarify when the Administrator of the
Environmental Protection Agency has the authority to prohibit
the specification of a defined area, or deny or restrict the use of
a defined area for specification, as a disposal site under section
404 of such Act, and for other purposes.
House - 6/15/2017
Referred to the
Committee on
Transportation and
Infrastructure
Watch No supporters of
note for OCSD
S. 1996 Cory Booker (D-NJ)Environmental Justice Act of 2017. Requires Federal
agencies to address environmental justice, to require
consideration of cumulative impacts in certain permitting
decisions, and for other purposes.
Senate - 10/24/2017
Referred to
Committee on
Environment and
Public Works
Watch No supporters of
note for OCSD
H.R. 4114 Raul Ruiz (D-CA)Environmental Justice Act of 2017. Requires Federal
agencies to address environmental justice, to require
consideration of cumulative impacts in certain permitting
decisions, and for other purposes.
House - 10/24/2017
Referred to
Committee on
Energy and
Commerce,
Committee on
Natural Resources,
Committee on
Transportation and
Infrastructure, and
Committee on
Judiciary
Watch No supporters of
note for OCSD
OCSD
Federal
Bills of Interest
BILL AUTHOR SUMMARY LATEST ACTION OCSD POSITION OTHER
POSITIONS
H.R. 1 Kevin Brady (R-TX) Tax Cuts and Jobs Act. Amends the Internal Revenue Code
(IRC) to reduce tax rates and modify policies, credits, and
deductions for individuals and businesses.
House - 11/2/2017
Passed House,
Became law
12/22/2017
Watch No supporters of
note for OCSD
H.R. 4397 Mimi Walters (R-CA)California Wildfire Disaster Tax Relief Act of 2017. Provides
tax relief with respect to California wildfires.
House - 11/15/2017
Referred to the
Committee on Ways
and Means
Watch No supporters of
note for OCSD
H.R. 3131 Bill Hiuzenga (R-MI)Endangered Species Litigation Reasonableness Act.
Amends the Endangered Species Act of 1973 to replace the
current standard for awarding court costs, including attorney
fees, in citizen suits with the federal judicial code standard for
awarding costs to a prevailing party.
House - 6/29/2017
Referred to
Committee on
Natural Resources
and Committee on
Judiciary
Watch No supporters of
note for OCSD
H.R. 4460 Lou Barletta (R-PA)Disaster Recovery Reform Act. Improves the provision of
disaster and mitigation assistance to eligible individuals and
households and to eligible State, local, Tribal, and territorial
governments and certain private nonprofit organizations, and
for other purposes.
House - 11/28/2017
Referred to
Committee on
Transportation and
Infrastructure and
Committee on
Financial Services
Watch No supporters of
note for OCSD
S. 2364 John Boozman (R-AR)SRF WIN Act. Amends the Water Infrastructure Finance and
Innovation Act of 2014 to provide to State infrastructure
financing authorities additional opportunities to receive loans
under that Act to support drinking water and clean water State
revolving funds to deliver water infrastructure to communities
across the United States, and for other purposes.
Senate -1/30/18
Referred to
Committee on
Environment and
Public Works
Watch No supporters of
note for OCSD
H.R. 4902 John Katko (R-NY)SRF WIN Act. Amends the Water Infrastructure Finance and
Innovation Act of 2014 to provide to State infrastructure
financing authorities additional opportunities to receive loans
under that Act to support drinking water and clean water State
revolving funds to deliver water infrastructure to communities
across the United States, and for other purposes.
House - 1/30/18
Referred to
Committee on
Transportation and
Infrastructure and
Committee on
Energy and
Commerce
Watch No supporters of
note for OCSD
OCSD
Federal
Bills of Interest
BILL AUTHOR SUMMARY LATEST ACTION OCSD POSITION OTHER
POSITIONS
H.R. 5127 Grace Napolitano (D-
CA)Water Recycling Investment and Improvement Act. To
establish a grant program for the funding of water recycling and
reuse projects, and for other purposes.
House - 2/27/18
Referred to
Committee on
Natural Resources
and Committee on
Transportation and
Infrastructure
Support No supporters of
note for OCSD
S. 2563 Jeff Flake (R-AZ)A bill to improve the water supply and drought resilience
of the United States, and for other purposes.
Senate - 3/15/18
Referred to
Committee on
Energy and Natural
Resources
Watch No supporters of
note for OCSD
Legend:
ACC-OC- Association of California Cities, Orange County
LOCC- League of California Cities
NYC- Not Yet Considered
CASA- California Association of Sanitation Agencies
NACWA - National Association of Clean Water Agencies
ACWA- Association of California Water Agencies
CSDA- California Special Districts Association
To: Orange County Sanitation District
From: Townsend Public Affairs, Inc.
Date: March 19, 2018
Subject: Legislative and Public Affairs Agenda Report
State Political Update
For the past month, the Legislature remained focused on passing bills out of their policy committees before the deadline in April. Several hundred of the 2,300 bills that were introduced prior to the bill introduction deadline are spot bills which are introduced as placeholders to give legislators more time to craft significant legislative language. Legislators are focused on amending their spot bills to include substantive legislative language prior to the policy committee deadline in April. Below is a list of upcoming dates in the Legislature:
• March 22 – Spring Recess begins
• April 2 – Legislature reconvenes
• April 27 – Last day for policy committees to hear fiscal bills Amid the continued turmoil surrounding sexual harassment allegations in the Legislature, Senator Mendoza was placed on suspension through January and February of 2018. However, at the end of February, he officially resigned from the Senate, effective immediately. Senator Mendoza still plans to run for election in Senate District 32 in 2018. The decision to resign was largely influenced by an expected vote of the Legislature to remove him forcibly from office. A chart that details the upcoming election dates for vacant seats in the Legislature is below: District: Vacated by: Primary Election: **General Election Date (if necessary):
Assembly District 39 Raul Bocanegra (D) April 3, 2018 June 5, 2018
Assembly District 45 Matt Dababneh (D) April 3, 2018 June 5, 2018
Assembly District 54 Sebastian Ridley-Thomas (D) April 3, 2018 June 5, 2018
Senate District 29 Recall of current Senator Josh Newman (D) N/A June 5, 2018
Senate District 32 Tony Mendoza (D) June 5, 2018 August 7, 2018
**If a candidate wins a majority (50 percent plus 1 vote) in the primary election, they are automatically the winner of that seat. Otherwise, the top two candidates advance to the general election.
2 | Page
2018 Ballot Measures
Several ballot measures have already qualified for either the June 5, 2018 ballot or the November 6, 2018 ballot. Below is a list of both the ballot measures that have qualified, and the ballot measures that have received 25 percent of the requires signatures:
Qualified for the June 5, 2018 ballot:
• Proposition 68: Issues $4 billion in bonds for parks, environmental protection, and water infrastructure
• Proposition 69: Requires certain tax and revenue fees to be used for transportation
• Proposition 70: Requires two-thirds vote to use revenue from Cap and Trade program in Fiscal
Year 2023
• Proposition 71: Changes the date for when voter approved ballot measures take effect
• Proposition 72: Excludes rainwater capture systems from property tax assessments Qualified for the November 6, 2018 ballot:
• SB 3: Issues $4 billion in bonds for housing programs and veterans’ home loans
Ballot measures with 25 percent of the required signatures:
• #17-0010: Water Infrastructure and Watershed Conservation Bond
• #17-0013: Proposition 13 Tax Transfer Initiative
• #17-0014: Limits on Charges for Dialysis Initiative
• #17-0018: Three States Initiative
• #17-0024: Psilocybin Mushroom Decriminalization Initiative
• #17-0033: Voter Approval for Gas and Vehicle Taxes Initiative
• #17-0039: Consumer Personal Information Disclosure and Sale Initiative
• #17-0043: Emergency Ambulance Employee Standards Initiative
• #17-0044: Violent Crime Definition, DNA Collection and Parole Initiative
TPA can provide additional information on any of the above ballot measures by request. Cap and Trade Auction Results On February 21, the California Air Resources Board (CARB) conducted their first Cap and Trade auction of the year. For the third auction in a row, all available emission credits were sold. This is largely attributed to the extension of the program in 2017 until 2030, as well as a favorable court decision regarding Cap and Trade’s legality. The State expects to receive approximately $725 million for the Greenhouse Gas Reduction Fund as a result of the February 21 auction.
3 | Page
Revenues generated from the Cap and Trade program go toward the Governor’s High-Speed Rail project, various transportation improvements, affordable housing, and sustainable communities. 40
percent of the revenues are available for future appropriation for projects that will reduce greenhouse gas emissions. The Governor recently released his draft Cap and Trade expenditure plan, which outlines how he suggests spending the $1.25 billion currently in the Greenhouse Gas Reduction Fund. The draft expenditure plan will be taken up in various budget subcommittees in the next several months. The next quarterly auction is set to take place in May 2018. Long-Term Water Conservation Regulations
Amendments to SB 606 (Skinner) and AB 1668 (Friedman), the Long-Term Water Conservation
Regulations, were recently released. These amendments are the result of several months of stakeholder
working groups and negotiations and mainly aim to clarify points that were previously left out of the draft
regulations last year. Specifically, the new amendments to SB 606/AB 1668 would do the following:
• Clarify that reporting of objectives and use can be based on calendar or fiscal years
• Clarify that the SWRCB must adopt variances
o Clarify that DWR, in recommending variances, shall also recommend a threshold of
significance for each recommended variance
• Push back all dates one year
• Revise language regarding the standard for indoor residential water use to also include
consideration of potable water usage, wastewater, recycling and reuse systems, infrastructure,
operations, and supplies
• Authorize the SWRCB to waive the water use efficiency requirements for up to five years due to
a disaster, such as an earthquake or fire
TPA is working with staff to determine its impact to the District.
AB 2003 (Daly) – Public contracts: sanitation districts: notice
AB 2003 has been referred to the Assembly Local Government Committee. Although it has not yet been assigned to a hearing date, it does not need to pass the Assembly Local Government Committee until May 11. The Committee has told Assembly Member Daly’s office that the bill will be heard sometime in
April. TPA and staff have been collecting and soliciting support from a wide variety of organizations and public
agencies before the Committee hearing in April. Both the California Association of Sanitation Agencies and the California Special Districts Association have supported the bill, along with numerous other sanitation agencies and cities. To date, we have received letters of support from: California Special Districts Association, Irvine Ranch Water District, Midway City Sanitary District, Costa Mesa Sanitary District, County Sanitation Districts of
Los Angeles County, City of Fullerton and City of Placentia, City of Irvine Council Member Melissa Fox. Additionally, OCWD, City of Huntington Beach and CASA have both agreed to sponsor the bill.
OCSD
State
Bills of Interest
BILL AUTHOR SUMMARY LATEST ACTION OCSD POSITION LEGISLATIVE PLAN OTHER POSITIONS
AB 869 Rubio [D]Sustainable water use and demand reduction: recycled water. Current law imposes various water use reduction requirements that apply to urban retail water suppliers, including a requirement that the state achieve a 20% reduction in urban per capita water use by December 31, 2020. This bill would require long-term standards for urban water conservation and water use to include a credit for recycled water, as specified.
Currently in the Senate Natural Resources and Water
Committee
Watch Legislative and
Regulatory
Policies: Support measures that promote and provide for the use of reclaimed water
ACC-OC - SupportLOCC - Watch
CASA - Support
NACWA - NYC
CSDA - Watch
AB 1250 Jones-Sawyer [D]Counties: contracts for personal services Would establish specific
standards for the use of personal services contracts by counties. The
bill would allow a county or county agency to contract for personal
services currently or customarily performed by employees, as
applicable, when specified conditions are met. The bill would exempt
certain types of contracts from its provisions, and would exempt a city
and county from its provisions. By placing new duties on local government agencies, the bill would impose a state-mandated local program. The bill also would provide that its provisions are severable. This bill was amended to exclude cities, and does NOT apply to special districts.
Held in the Senate Rules Committee.Oppose Legislative and
Regulatory Policies: Support
legislation and
regulation that allow public agencies to procure goods and services in manners similar to private industry, thereby reducing overall costs of delivery
ACC-OC - Removed OppositionLOCC - Removed OppositionCASA - Refer to Leg CommitteeNACWA - NYC
CSDA - Watch
AB 1933 Maienschein [R]Greenhouse Gas Reduction Fund: appropriations: recycling
infrastructure projects. Would appropriate $200,000,000 from the
Greenhouse Gas Reduction Fund to the Department of Resources Recycling and Recovery for organic waste recycling infrastructure projects that reduce greenhouse gas emissions and solid waste
recycling infrastructure projects that reduce greenhouse gas emissions.
Referred to the Assembly Natural Resources Committee Watch State Priorities:
Support funding
through grants and
legislation for a Food Waste/Organic Co-Digestion facility at OCSD.
ACC-OC - NYCLOCC - WatchCASA - NYCNACWA - NYCCSDA - Watch
Proposed Legislation 2017-2018
High Priority
OCSD
State
Bills of Interest
BILL AUTHOR SUMMARY LATEST ACTION OCSD POSITION LEGISLATIVE PLAN OTHER POSITIONSAB 2003 Daly [D]Public contracts: sanitation districts: notice Current law authorizes
a sanitation district to make and perform any agreement with a public or
private corporation of any kind or a person for the joint construction,
acquisition, disposition, or operation of any property or works of a kind
that might be constructed, acquired, disposed of, or operated by the
district. Current law requires a district, when an expenditure for work exceeds $35,000, to contract with the lowest responsible bidder after notice. Current law requires the notice to be published, as specified. This bill would instead require the notice to be published in a manner that the district board determines to be reasonable, which may include, but is not limited to, newspapers, Internet Web sites, radio, television, or other means of mass communication.
Referred to the Assembly Local Government Committee Sponsor Legislative and
Regulatory Policies: Support
legislation and regulation that allow public agencies to procure goods and services in manners similar to private industry, thereby reducing overall costs of delivery
ACC-OC - NYCLOCC - NYCCASA -SupportNACWA - NYCCSDA - Support
AB 2379 Bloom [D]Waste management: polyester microfiber. Would require that
clothing made from fabric that is more than 50% polyester bear a
conspicuous label stating that the garment sheds plastic microfibers
when washed and recommending hand washing. The bill would prohibit
a person, on and after January 1, 2020, from selling or offering for sale
clothing made from fabric that is more than 50% polyester that does not
bear that label.
Referred to the Assembly Natural Resources Committee and the Assembly Environmental Safety and Toxic Materials Committee
Watch State Priorities:
Support legislation
or regulations that
restrict the use of
microplastics in
any product that is
disposed of
through the sewer
system.
ACC-OC - NYCLOCC - WatchCASA - NYCNACWA - NYCCSDA - NYC
SB 623 Monning [D]Safe and Affordable Drinking Water Fund Would establish the Safe and Affordable Drinking Water Fund in the State Treasury and would provide that moneys in the fund are continuously appropriated to the State Water Resources Control Board. The bill would require the board to administer the fund to secure access to safe drinking water for all Californians, while also ensuring the long-term sustainability of drinking water service and infrastructure. The bill would authorize the state board to provide for the deposit into the fund of federal contributions, voluntary contributions, gifts, grants, bequests, and settlements from parties responsible for contamination of drinking water supplies. The bill was amended on August 21 to include a public goods charge on water, identified as $0.95 per month fee for customers with water meters up to one inch or customers without water meters. The feees increase depending on the size of the water meter, up to $10 per month for
customers with water meters greater than four inches. The policy and
fees set forth by this bill have been included in the Governor's January
Budget proposal.
Held in the Assembly Rules Committee. Watch State and Federal
Tactics: Work with
CASA in support of
continued use of
tax-exempt
financing and
feasibile innocating
financing
approaches.
ACC-OC - NYCLOCC - Oppose
unless amended
CASA - Watch
Closely
NACWA - NYC
CSDA - Oppose
unless amended
OCSD
State
Bills of Interest
BILL AUTHOR SUMMARY LATEST ACTION OCSD POSITION LEGISLATIVE PLAN OTHER POSITIONSSB 831 Wieckowski [D]Land use: accessory dwelling units. Current law authorizes a local
agency, special district, or water corporation to require a new or
separate utility connection between the accessory dwelling unit and the
utility and authorizes a fee to be charged, except as specified. Current
law requires a local agency to submit an ordinance adopted for the
creation of accessory dwelling units to the Department of Housing and Community Development and authorizes the department to review and comment on the ordinance. This bill would delete the requirement that the area be zoned to allow single-family or multifamily use.
Referred to the Senate Transportation and Housing Committee
Oppose Legislative and
Regulatory Policies: Oppose
measures that shift existing local revenue sources back to the state, including the special district share of property tax, sales tax, vehicle license fees, and rate payer fees.
ACC-OC -NYCLOCC - WatchCASA - OpposeNACWA - NYCCSDA - Oppose
SCA 4 Hertzberg [D]Water conservation. The California Constitution requires that the water
resources of the state be put to beneficial use to the fullest extent of which they are capable and that the waste or unreasonable use or
unreasonable method of use of water be prevented.This measure would
declare the intent of the Legislature to amend the California Constitution
to provide a program that would ensure that affordable water is
available to all Californians and to ensure that water conservation is
given a permanent role in California’s future.
Currently in the Senate Rules
Committee
Watch Legislative and
Regulatory
Policies: Support
legislation and
regulation that
necessitate the
responsible use of
water in
residential,
commercial, and
industrial areas.
ACC-OC -NYC
LOCC - WatchCASA - Work with AuthorNACWA - NYCCSDA - Watch
AB 1654 Rubio [D]Water shortage: urban water management planning. AB 1654 would have required each urban retail water supplier to report annually by June 15 to the Department of Water Resources the status of its water supplies for that year and whether the supplies will be adequate to meet projected customer demand. The Senate Natural Resources and Water Committee amended all language out of this bill all other related bills. The Committee and stakeholders negotiated a new urban water
management plan (AB 1668), however they were unable to pass the bill.
Currently on Senate Rules
Committee
Watch Legislative and Regulatory
Policies: Support
legislation and regulation that
promote improved
water use
efficiency through
state and federal
assistance
ACC-OC - Support
LOCC - Support
CASA - Watch
NACWA - NYC
CSDA - Support
Additional Legislation
OCSD
State
Bills of Interest
BILL AUTHOR SUMMARY LATEST ACTION OCSD POSITION LEGISLATIVE PLAN OTHER POSITIONSAB 1668 Friedman [D]Water management planning. Current law requires the state to
achieve a 20% reduction in urban per capita water use in California by
December 31, 2020. Current law requires each urban retail water
supplier to develop urban water use targets and an interim urban water
use target, as specified. This bill would require the State Water Resources Control Board, in coordination with the Department of Water Resources, to adopt long-term standards for the efficient use of water, as provided, and performance measures for commercial, industrial, and institutional water use on or before June 30, 2021. Draft amendments to this bill are available now. Companion bill with SB 606 (Skinner)
Amendments now in print.Watch Legislative and
Regulatory Policies: Support
legislation and regulation that promote improved water use efficiency through state and federal assistance
ACC-OC - OpposeLOCC - WatchCASA - NYCNACWA - NYCCSDA - Oppose unless amended
AB 1884 Calderon [D]Solid waste: single-use plastic straws. This bill would prohibit a food
facility, as specified, where food may be consumed on the premises
from providing single-use plastic straws to consumers unless requested
by the consumer, as specified.
Currently in the Assembly Natural Resources Committee Watch State Priorities:
Support legislation
or regulations that
restrict the use of
microplastics in
any product that is
disposed of
through the sewer
system.
ACC-OC -NYCLOCC - WatchCASA - NYCNACWA - NYCCSDA - NYC
AB 1981 Limon [D]Organic waste: composting. Current law requires the California
Environmental Protection Agency, in coordination with the Department
of Resources Recycling and Recovery, the State Water Resources
Control Board, the State Air Resources Board, and the Department of
Food and Agriculture, to develop and implement policies to aid in
diverting organic waste from landfills by promoting the composting of
specified organic waste and by promoting the appropriate use of that
compost throughout the state. This bill would additionally include the
Department of Forestry and Fire Protection in the state agencies in
coordination with which the California Environmental Protection Agency
is required to develop and implement those policies.
Currently in the Assembly Natural Resources Committee Watch State Priorities:
Support funding
through grants and
legislation for a
Food
Waste/Organic Co-
Digestion facility at
OCSD.
ACC-OC -NYCLOCC - WatchCASA - WatchNACWA - NYCCSDA - NYC
OCSD
State
Bills of Interest
BILL AUTHOR SUMMARY LATEST ACTION OCSD POSITION LEGISLATIVE PLAN OTHER POSITIONSAB 1989 Mathis [R]Water and Wastewater Loan and Grant Program.Current law
authorizes the State Water Resources Control Board to establish the
Water and Wastewater Loan and Grant Program, to the extent funding
is made available, to provide funding to eligible applicants for specified
purposes relating to drinking water and wastewater treatment.This bill
would appropriate $50,000,000 from the General Fund to the board for the program.
Spot bill. Referred to the Assembly Water, Parks, and Wildlife Committee
Watch State Priorities:
Where
appropriate,
pursue State
funding for critical
aging infrastructure, through funding sources made available through any agency including but not limited to the State Water Resources Control Board and the Department of Water Resources.
ACC-OC -NYCLOCC - WatchCASA - WatchNACWA - NYCCSDA - Watch
AB 2249 Cooley [D]Public contracts: local agencies: alternative procedure. Would
authorize public projects of $60,000 or less to be performed by the
employees of a public agency, authorize public projects of $200,000 or
less to be let to contract by informal procedures, and require public
projects of more than $200,000 to be let to contract by formal bidding
procedures. These measures only apply to the public agency if their
Board elects to participate in the Uniform Public Construction Cost
Accounting Act.
Referred to the Assembly Local Government Committee Watch Legislative and
Regulatory
Policies: Support
legislation and
regulation that
allow public
agencies to
procure goods and
services in manners similar to private industry, thereby reducing overall costs of delivery
ACC-OC -NYCLOCC - NYCCASA - NYCNACWA - NYCCSDA - NYC
OCSD
State
Bills of Interest
BILL AUTHOR SUMMARY LATEST ACTION OCSD POSITION LEGISLATIVE PLAN OTHER POSITIONSAB 3062 Harper [R]Recycled water: recycling criteria. Spot bill regarding recycled
water
Introduced February 16, 2018 Watch State Priorities:
Support the
inclusion of
recycled water
credits during the
development of long-term water conservation legislation and regulations.
ACC-OC -NYCLOCC - NYCCASA - NYCNACWA - NYCCSDA - NYC
SB 212 Jackson [D]Medical waste. Current law, the Medical Waste Management Act,
administered by the State Department of Public Health, regulates the
management and handling of medical waste, as defined.This bill add to
the act a definition of “home-generated pharmaceutical waste” as a
prescription or over-the-counter human or veterinary home-generated
pharmaceutical that is waste and is derived from a household, including, but not limited to, a multifamily residence or household. This bill is a follow-up/cleanup bill for Senator Jackson's SB 1229 (2016), which provides that certain collectors who are authorized under federal law to engage in drug take-back collection with limited protection from civil and criminal liability.
Currently in the Assembly Environmental Safety and Toxic Materials Committee
Support State Priorities:
Support legislation
or regulations that
would prevent the
disposing of drugs
down the drain
ACC-OC -NYCLOCC - WatchCASA - WatchNACWA - NYCCSDA - Support
SB 606 Skinner [D]Water management planning Current law requires the state to
achieve a 20% reduction in urban per capita water use in California by
December 31, 2020. Current law requires each urban retail water
supplier to develop urban water use targets and an interim urban water
use target, as specified. The bill would require an urban retail water
supplier to calculate an urban water use objective no later than July 1,
2022, and by July 1 every year thereafter, and its actual urban water
use by those same dates.
Currently on the Senate Floor. Amendments are expected once stakeholders negotiate a compromise.
Watch Legislative and
Regulatory Policies: Support
legislation and
regulation that
promote improved
water use
efficiency through
state and federal assistance
ACC-OC - NYCLOCC - WatchCASA - NYCNACWA - NYCCSDA - Watch
OCSD
State
Bills of Interest
BILL AUTHOR SUMMARY LATEST ACTION OCSD POSITION LEGISLATIVE PLAN OTHER POSITIONSSB 929 McGuire [D] Special districts: Internet Web sites. The California Public Records
Act requires a local agency to make public records available for
inspection and allows a local agency to comply by posting the record on
its Internet Web site and directing a member of the public to the Web
site, as specified. This bill would, beginning on January 1, 2020, require every independent special district to maintain an Internet Web site that clearly lists contact information for the special district, except as provided. Because this bill would require local agencies to provide a new service, the bill would impose a state-mandated local program.
Referred to the Senate Governance and Finance Committee
Watch State Priorities:
Actively monitor
the Little Hoover
Commission
hearings and
reports related to climate change adaptation, special districts and other topics as it relates to OCSD.
ACC-OC -NYCLOCC - WatchCASA - NYCNACWA - NYCCSDA - Watch
SB 1215 Hertzberg [D]Drinking water systems and sewer systems: consolidation and
extension of service. This bill would authorize the state board to set
timeline and performance measures to facilitate completion of extension
of service of drinking water. This bill would authorize the state board to
order consolidation with a receiving sewer system for, or extension of
sewer service to, a disadvantaged community under specified
circumstances. The bill would require the state board to take certain
actions before ordering consolidation or extension of service that are
similar to those required for the consolidation or extension of water systems and would additionally require the state board to find that at least 75% of the households in the community potentially subject to extension or consolidation of service have agreed to receive sewage service from the receiving sewer system.
Referred to the Senate
Environmental Quality
Committee and the Senate
Governance and Finance
Committee.
Watch Legislative and
Regulatory
Policies: Oppose legislation consolidating special districts that fail to address the concerns of cities affected by
the proposed
consolidation.
ACC-OC -NYC
LOCC - NYC
CASA - NYC
NACWA - NYC
CSDA - NYC
Legend:ACC-OC - Association of California Cities, Orange CountyLOCC - League of California CitiesNYC - Not Yet ConsideredCASA - California Association of Sanitation Agencies
NACWA - National Association of Clean Water Agencies
ACWA - Association of California Water Agencies
CSDA - California Special Districts Association
Name of Grant/Loan Synopsis of Grant/Loan Amount of Grant/Loan Amount
Applying for Applying Y/N Project/Program Reason Match Deadline Category Rcvd Grant/
Financing Y/N
California Infrastructure and Economic
Development Bank CA0272
Infrastructure State Revolving Fund
(ISRF) Program
The purpose of this program is to provide accessible low-
cost financing to eligible borrowers for a wide range of
infrastructure and economic expansion projects. Eligible
activities generally include designing, acquiring, planning,
permitting, entitling, constructing, improving, extending,
restoring, financing, and generally developing eligible
facilities within the state of California.
Program funding is available in amounts
ranging from $50,000 to $25 million, with loan
terms for the useful life of the project up to a
maximum of 30 years.
TBD Evaluating Multiple (possible projects).
Evaluating the program.Might be for smaller projects.N/A, loan program Rolling Water/Energy/
Infrastructure TBD
Cap and Trade Funding
$1.25 billion from the Cap and Trade program (Greenhouse
Gas Reduction Fund) was proposed to be appropriated in
the Governor's January Budget
$20 million - Waste Diversion Projects. Specifics
TBD TBD TBD TBD
The Cap and Trade Expenditure Plan
will need to go through the legislative
process. It is uncertain how much
funding will be available for the
District's projets, or what the funding
will be used for.
TBD Unknown at this
time Energy/Recycling TBD
2018 Integrated Regional Water
Management (IRWM) Grant
Program
The Proposition 1 IRWM Grant Program, administered by
DWR, provides funding for projects that help meet the long
term water needs of the state, including:
Assisting water infrastructure systems adapt to climate
change;
Providing incentives throughout each watershed to
collaborate in managing the region's water resources and
setting regional priorities for water infrastructure
TBD TBD TBD TBD
TPA and OCSD are monitoring the
grant program development from the
Santa Ana Watershed Project
Authority (SAWPA). Once the
solicitation for bids is available, we can
determine if an application is
warranted.
Yes. Details TBD Unknown at this
time Water TBD
2018 Proposed Park Bond (Proposition
68)
SB 5 (De Leon) included $290 million for Drought,
Groundwater, and Water Recycling programs TBD TBD
SB 5 passed the Legislature and
will be on the ballot in June 2018
as Proposition 68
N/A
If Proposition 68 is passed, TPA and
OCSD will advocate for the inclusion
of relevant funding in the final version
of the Budget in June. If funding
becomes available, TPA and staff will
evaluate the opportunity.
TBD TBD Water No
The Water Infrastructure Improvements
Act (S. 612/Public Law #114-322/WIIN)
The enactment of the Water Infrastructure Improvements
Act (S. 612/Public Law #114-322/WIIN) contained
important assistance for water recycling and desalination.
Senator Feinstein included $50 million to
support construction of projects that have a
final and deemed feasible study of a recycling
project. In securing this new competitive
grants program at the U.S. Bureau of
Reclamation, Senator Feinstein highlighted the
identification of several water and wastewater
agencies that would benefit from the
assistance. OCSD is one of these agencies.
$1.5 Million Yes
Final Expansion of GWRS
(planning, design and
construction) Headworks
The Sanitation District is applying for
Headworks Segregation project that
will help to bring more water to the
GWRS.
Title 16 will pay up to
25 percent of the
available money
8/15/2017 Water/
Infrastructure
Received notification
of award on 11/27/17
for $1,325,000.00
The USEPA Leaking Underground
Storage Tank (LUST) Trust Fund
The fund addresses petroleum releases from regulated
underground storage tanks.
The LUST program receives approximately
$100 million annually to prevent, detect, and
clean up releases. Assistance is provided
through grants. Eligible activities include
removal of tanks and cleanup of contaminated
areas.
TBD Evaluating Cleanup of contaminated soils at
Plant No. 1
We will review the grant to determine
if it is a fit for the project. TBD Infrastructure TBD
US Department of Agriculture
The U.S. Department of Agriculture through its health
watersheds program offers public-owned wastewater
agencies funding through collaboration with agricultural
interests where funding would be provided to the
agricultural entity that would contribute to efforts to protect
the watershed and minimize regulatory burdens on the
point source.
A total of $100 million is funded annually and
the opportunity to design a watershed program
might offer OCSD with the chance to advance
its priority to reduce regulatory burdens.
TBD TBD
Reviewing the funding
opportunity to see if there is a fit
for OCSD. (Restoration of
beaches and estuaries)
We will review the possible funding
opportunity to determine if it is a fit for
the Sanitation District.
TBD Water TBD
OCSD's Grant and Loan Funding Tracker 2017-2018
STATE
FEDERAL
Updated 3/22/2018
Name of Grant/Loan Synopsis of Grant/Loan Amount of Grant/Loan Amount
Applying for Applying Y/N Project/Program Reason Match Deadline Category Rcvd Grant/
Financing Y/N
OCSD's Grant and Loan Funding Tracker 2017-2018
The Department of Energy (DOE),
USBR and USEPA
The DOE’s Office of Energy Efficiency is likely to continue
to be funded by Congress to support such efforts as
biogas, biosolids and green energy.
A minimum of $20 million to as much as $100
million based upon prior years’ budgets. USBR
could receive as much as $130 million in
support of the WaterSmart (due to increased
funding under WIIN) during the next several
years. USBR will issue solicitations for
innovative approaches to managing water and
water treatment through technology and
processes.
TBD TBD. We will monitor for possible
funding opportunities
Project Funding Opportunity:
Energy production to reduce
costs of recycled water through
innovative technologies like
Aquacritox, Innovative water
monitoring technology that can
produce efficient real time
monitoring and data analysis,
Biogas Management and Use
Improvements.
We will review the possible funding
opportunity to determine if it is a fit for
the Sanitation District.
TBD Energy TBD
Smart Cities and Security
It is unclear how the incoming administration may revise
existing programs that address energy and water
efficiency needs. However, the effort to support
communities develop approaches that improve the quality
of life in communities might continue to receive funding.
OCSD might be able to leverage such program assistance
to support innovative approaches to security. Funding may
also be available through Department of Homeland
Security to assist communities to protect against cyber-
threats.
TBD TBD
TBD. Based on the funding
opportunities and OCSD's
projects/needs.
Project Funding Opportunity:
SCADA System and Network
Upgrades, Seismic Hazard
Evaluation (FEMA Mitigation
Assistance)
If funding becomes available we will
evaluate the opportunity.
Unknown at this
time Energy/Water TBD
WIFIA
The WIFIA program accelerates investment in our nation’s
water infrastructure by providing long-term, low-cost
supplemental loans for regionally and nationally significant
projects. To qualify for funding assistance a project must
cost at least $20 million. The USEPA has expressed an
interest in projects that deliver multiple benefits that might
capture water recycling as well as projects that address
stormwater and other “large project” needs.
$2 billion N/A No
Possible projects: GWRS Final
Expansion, District 6 Trunk
Sewer Relief Project,
Headworks
Rehabilitation/Expansion
Headquarters Complex, Site
and Security/Entrance
Realignment, Western Regional
Sewers—Planning and design
and construction
The Sanitation District does not plan to
borrow funds to complete projects. The
Water District might qualify for these
loans and OCSD will support them if
they choose to do so.
4/10/2017 Water/
Infrastructure N/A
Updated 3/22/2018
Page 1 of 2
LEGISLATIVE AND PUBLIC AFFAIRS COMMITTEE Meeting Date 04/09/18 To Bd. of Dir. --
AGENDA REPORT Item Number 7 Item Number --
Orange County Sanitation District FROM: James D. Herberg, General Manager Originator: Robert P. Ghirelli, Assistant General Manager SUBJECT: COMMUNITY OUTREACH FOR CONSTRUCTION OF THE STATE
COLLEGE SEWER PROJECT IN ANAHEIM GENERAL MANAGER'S RECOMMENDATION Information Only.
BACKGROUND Staff will provide an overview on the community outreach efforts for upcoming construction of the State College Sewer Project (Phase B of the Newhope Sewer
Replacement Project) in the City of Anaheim. RELEVANT STANDARDS
• Unified legislative advocacy and public outreach program
• Build brand, trust, and support with policy makers and community leaders
• Maintain collaborative and cooperative relationships with neighboring agencies
• Listen to and seriously consider community input on environmental concerns PROBLEM
Construction is about to begin on a four-mile stretch of State College Blvd. in the City of
Anaheim. The two and half year project is replacing the existing sewer line with a large diameter pipe that will result in traffic impacts for residents, businesses, and commuters that utilize the busy thoroughfare.
PROPOSED SOLUTION
Continue with the implementation of the Orange County Sanitation District’s (Sanitation District) Construction Community Outreach Program. The public will need to be kept informed of the project activities throughout the project to minimize the impacts and allow
them to plan accordingly. The outreach team will continue building relationships with the
public to inform them on the very important need of the project. The team has already been working with City staff, has made contact with local businesses, and has established communication with the residents. Due to the large magnitude of the project, the Sanitation District will employ various communication tools to engage and communicate
with the community.
Page 2 of 2
TIMING CONCERNS It is imperative that communication with the public occur prior to and during construction
to maintain a positive relationship. The lack of information regarding the activities and
not knowing who to contact for questions can lead to frustration and mistrust. RAMIFICATIONS OF NOT TAKING ACTION
If the public is not informed of the efforts of the Sanitation District and the need and
importance of our Capital Improvement Program, we run the risk of receiving complaints, claims, and negative media coverage. PRIOR COMMITTEE/BOARD ACTIONS
February 2017 - Informational item on outreach efforts for 2-72A and the results of the pre-construction outreach survey that was conducted in preparation for 2-72B. ADDITIONAL INFORMATION
N/A CEQA
N/A
FINANCIAL CONSIDERATIONS Public outreach is included in the overall project budget.
ATTACHMENT
The following attachment(s) may be viewed on-line at the OCSD website (www.ocsd.com) with the complete agenda package:
N/A
Page 1 of 2
LEGISLATIVE AND PUBLIC AFFAIRS COMMITTEE Meeting Date 04/09/18 To Bd. of Dir. --
AGENDA REPORT Item Number 8 Item Number --
Orange County Sanitation District FROM: James D. Herberg, General Manager Originator: Robert P. Ghirelli, Assistant General Manager SUBJECT: PUBLIC AFFAIRS UPDATE
GENERAL MANAGER'S RECOMMENDATION Information Only.
BACKGROUND
Staff will provide an update on recent public affairs activities. RELEVANT STANDARDS
• Unified legislative advocacy and public outreach program
• Build brand, trust, and support with policy makers and community leaders
• Use all practical and effective means for recovering wastewater for reuse
• Maintain collaborative and cooperative relationships with neighboring agencies
• Listen to and seriously consider community input on environmental concerns
PROBLEM Many Californians are not aware of the Orange County Sanitation District (Sanitation
District) and the important work we do to keep the environment clean by using the wastewater byproducts to create energy, water recycling, and the use of biosolids. Additionally, they are not aware that more than 50 percent of the wastewater is recycled and used to replenish the Orange County Groundwater Basin.
In general, the community and businesses do not realize that when they improperly dispose of waste into the sanitation system, it can negatively affect the work we do and the quality of water we supply for the Groundwater Replenishment System. PROPOSED SOLUTION
By providing tours, community outreach education and general communication via the Sanitation District’s website, social media outlets and mainstream media, we have the ability to educate the community, local agencies, and businesses on the What2Flush program, energy production, water recycling, biosolids and our source control program.
This, in turn, results in a better quality of wastewater.
Page 2 of 2
TIMING CONCERNS N/A
RAMIFICATIONS OF NOT TAKING ACTION If we do not educate the community, local agencies, and area businesses about the Sanitation District, we lose an opportunity to educate thousands of people about our
plants, source control and the wastewater industry as a whole. PRIOR COMMITTEE/BOARD ACTIONS N/A
ADDITIONAL INFORMATION March 2018
Activity # # of Guests
OCSD/OCWD Tours 11 259
OCSD Tours 14 238
Speaking Events 5 ~150
Outreach Events 3 ~850
CEQA N/A
FINANCIAL CONSIDERATIONS N/A ATTACHMENTS
The following attachments are attached in hard copy and may also be viewed on-line at the OCSD website
(www.ocsd.com) with the complete agenda package:
• Outreach Calendar March 2018
• Media Clips March 2018
Date Time Organization/Event Location Purpose Attendee
3/1/2018 1400 - 1600 Plant Tour GM Conf.
Room
Metro WW Reclamation
Tour
Reza Tour Guide
3/2/2018 1130 - 1230 Plant Tour Boardroom Vital Link Program to tour
P1. 30 guests.
Belen Carrillo Tour Guide
3/2/2018 900 - 1030 Plant Tour Boardroom Univ. San Francisco
Orange County tour. 25
guests
Randy Kleinman Tour
Guide
3/2/2018 900 - 1000 Speaking Engagement Riverside Career Day - Washington
Elem School 26 students
Ryan Myers Presenter
3/3/2018 830 - 1030 Plant Tour Boardroom Santiago College Pumping
Class to tour P1. 20
guests
Dave Rodriguez Tour
Guide
3/6/2018 900 - 1200 Plant Tour Boardroom Godinez HS Chemistry
Class tour. 48 guests 2
tours
Brian Bingman and
Rebecca Long Tour Guides
3/7/2018 900 - 1030 Plant Tour Boardroom CSUF Nursing Tour Gina Tetsch Tour Guide
3/8/2018 900 - 1200 Plant Tour Boardroom Godinez HS Chemistry
Class tour. 48 guests 2
tours
Brian Bingman and Belen
Carrillo Tour Guides
3/9/2018 900 - 1030 Plant Tour Boardroom HBHS Tour. Approx. 25
guests
Brian Bingman Tour Guide
3/13/2018 900 - 1030 Plant Tour Boardroom Godinez HS Tour. 23
guests
Ann Crafton Tour Guide
3/14/2018 900 - 1030 Plant Tour Room C CSUF Nursing Tour. 26
guests
Gina Tetsch Tour Guide
3/14/2018 1430 - 1530 Career Day Eugene Tincher Prep
School. 30 students
Anthony Pimentel Speaker
3/14/2018 800 - 1500 OCSEF OC Fair
Grounds
Orange County Science
and Engineering Fair.
Various OCSD Employees
3/15/2018 900 - 1030 Plant Tour A & B CSUF Nursing Tour Gina Tetsch Tour Guide
OCSD Outreach Report 3/19/2018
Contact
Cheryl Scott
Cheryl Scott
Cheryl Scott
Cheryl Scott
Cheryl Scott
Cheryl Scott
Cheryl Scott
Cheryl Scott
Cheryl Scott
Cheryl Scott
Cheryl Scott
Cheryl Scott
Cheryl Scott
Cheryl Scott
3/19/2018 3:06:17 PM
Date Time Organization/Event Location Purpose Attendee
OCSD Outreach Report 3/19/2018
Contact
3/16/2018 900 - 2230 Plant Tour Rooms A & B HBHS Tour. Approx. 25
guests
Randy Kleinman Tour
Guide
3/16/2018 930 - 1100 Plant Tour Plant 2 Plant 2 Neighborhood
tour. 2 guests
Paula Zeller Tour Guide
3/20/2018 730 - 830 Speaking Engagement OCBC Infastructure and Rates Jim Herberg and Rob
Thompsons Speakers
3/20/2018 1300 - 1400 Plant Tour Room C OC State Water Board Michelle Breiter and Merrill
Tour Guides
3/21/2018 900 - 1200 Plant Tour Boardroom Beckman High School
Tours. 50 guests 2 tours
Deirdre Bingman and
Belen Carrillo Tour Guides
3/22/2018 930 - 1100 Plant Tour GM Conf.
Room
Mesa Water Dist.
Boardmember tour.
Jim Herberg Tour Guide
3/22/2018 900 - 1030 Plant Tour Room C Estancia HS Special Ed
Tour - 16 guests
Belen Carrillo Tour Guide
3/24/2018 900 - 1500 Westminster Spring
Festival
Westminster
Civic Center
OCSD To host information
booth at the festival.
Various OCSD Employee
Volunteers
3/26/2018 900 - 1030 Plant Tour Boardroom OC Env. Health to tour P1.
20 guests.
Gina Tetsch Tour guide
3/27/2018 900 - 1030 Plant Tour Boardroom New Employee/Open to
the Public Tour
Ann Crafton Tour Guide
3/27/2018 800 - 1400 Water Festival Irvine Children's Water Festival
2018
Various OCSD Employees
3/28/2018 800 - 1400 Children's Water Festival Irvine Children's Water Festival
2018
Various OCSD Volunteers
3/29/2018 900 - 1100 Plant Tour Boardroom Sanitation Districts of LA
Tour. 10 guest
Mark Esquer Tour Guide
3/29/2018 900 - 1100 Speaking Engagement Santa Ana
College
Santa Ana College Career
Day.
Lisa Frigo Speaker
3/30/2018 1000 - 1130 Plant Tour Boardroom Valencia Heights Water
Dist. Tour. 10 guests
Bob Ghirelli Tour Guide
Cheryl Scott
Cheryl Scott
Cheryl Scott
Cheryl Scott
Cheryl Scott
Cheryl Scott
Cheryl Scott
Cheryl Scott
Cheryl Scott
Cheryl Scott
Cheryl Scott
Cheryl Scott
Cheryl Scott
Cheryl Scott
Cheryl Scott
3/19/2018 3:06:17 PM
Date Time Organization/Event Location Purpose Attendee
OCSD Outreach Report 3/19/2018
Contact
4/2/2018 1300 - 1430 Plant Tour Boardroom City of Santa Ana
Volunteers to tour P1. 20
guests
Brian Bingman Tour Guide
4/3/2018 900 - 1200 Plant Tour Boardroom Beckman High School
Tours. 50 guests 2 tours
Paula Zeller Tour Guide
4/5/2018 900 - 1200 Plant Tour Boardroom Beckman High School
Tours. 50 guests 2 tours
Leyla Perez and Sterling
Harris Tour Guides
4/5/2018 900 - 1200 Plant Tour Boardroom Chavez HS Coastkeepers
Tours. 40 guests
Paula and Belen Tour
Guides
4/6/2018 1300 - 1430 Plant Tour Boardroom Fullerton College Tour 25
guests
Brian Bingman Tour Guide
4/9/2018 900 - 1030 Plant Tour Room C CSULB Nursing Tour. 15
guests
Gina Tetsch Tour Guide
4/10/2018 900 - 1030 Plant Tour Boardroom CSULB Nursing tour. 15
guests
Gina Tetsch Tour Guide
4/12/2018 900 - 1200 Plant Tours Boardroom FVHS Tours 52 students Brian Bingman and Belen
Carrillo Tour Guides
4/13/2018 900 - 1100 Plant Tour Boardroom CSUF ASSE Tour. 10
guests
Mike Zedek Tour Guide
4/16/2018 1245 - 1415 Plant Tour Boardroom Hope University Tour. 26
guests
Lisa Frigo Tour Guide
4/17/2018 1330 - 1500 Plant Tour Boardroom Goldenwest College tour.
30 guests
Paula Zeller Tour Guide
4/18/2018 1000 - 1130 Plant Tour Room A El Toro HS Tour. 15
guests.
Brian Bingman Tour Guide
4/19/2018 900 - 1030 Plant Tour Boardroom CSULB Nursing Tour. 15
guests
Gina Tetsch Tour Guide
4/19/2018 1330 - 1500 Plant Tour Boardroom Water ReUse to tour P1. Jim Colston Tour Guide
4/20/2018 1400 - 1530 Plant Tour Boardroom Girl Scout Troop Tour. 10
guests
Belen Carrillo Tour Guide
Cheryl Scott
Cheryl Scott
Cheryl Scott
Cheryl Scott
Cheryl Scott
Cheryl Scott
Cheryl Scott
Cheryl Scott
Cheryl Scott
Cheryl Scott
Cheryl Scott
Cheryl Scott
Cheryl Scott
Cheryl Scott
Cheryl Scott
3/19/2018 3:06:17 PM
Date Time Organization/Event Location Purpose Attendee
OCSD Outreach Report 3/19/2018
Contact
4/27/2018 900 - 1200 Plant Tour Boardroom Coastkeeper Sonora High
School Tours. 50 guests
Belen Carrillo and Cory
Coogan Tour Guides
4/30/2018 900 - 1030 Plant Tour Boardroom LA Tech College Tour 25
guests
Paula Zeller Tour Guide
Cheryl Scott
Cheryl Scott
3/19/2018 3:06:17 PM
OCSD Public Affairs Office
Monthly News Clippings
March 2018
Table of Contents
GWRS…………………………………………… ................................ PAGE 1
February 20, 2018
California aims to get past the yuck factor of recycled wastewater
By: Nathan Rott
NPR
February 22, 2018
Orange County Honored with Guinness World Record for Recycled
Water
Water and Waste Digest
March 13, 2018
Recycled Water Victory
Blog at WordPress.com
TWITTER POSTINGS …………………………………………… ............. PAGE 6
FACEBOOK POSTINGS ……………………………………………………PAGE 12
1
California Aims To Get Past The Yuck Factor Of
Recycled Wastewater
February 20, 20185:01 AM ET
Heard on Morning Edition
Nathan Rott
Twitter Instagram
With the potential of another drought looming, California is looking at recycled wastewater as a
source for drinking. Recycled water is California's single largest source of new water supplies.
DAVID GREENE, HOST:
So this has been one dry winter for many of you living in the Western United States. So dry, in fact,
that some are worried about a prolonged drought. Today California's water board is considering not
just bringing back water restrictions, but making them permanent. Meanwhile, water agencies are
looking for new sources of water, and NPR's Nathan Rott tells us about one big potential source. If,
that is, people are willing to accept it.
NATHAN ROTT, BYLINE: The industry-preferred term for the water source is potable reuse. In plain
speak, it means recycling our wastewater for drinking. So, yeah, it's a bit of a hard sell. That's why
the Orange County Water District in Southern California is doing what even they say is a bit of a
publicity stunt.
UNIDENTIFIED GROUP: Ten, nine, eight...
ROTT: They're trying to set a world record for the most recycled wastewater in 24 hours, a record
that nobody else has attempted to set.
UNIDENTIFIED GROUP: ...Two, one. (Clapping).
ROTT: Mike Markus is the general manager of the Orange County Water District, owner of this
facility.
MIKE MARKUS: Which is the world's largest potable reuse project.
ROTT: It takes treated water originally collected from gutters and sidewalks, showers and sinks, and
it puts it through a purifying process.
MARKUS: By the time it's gone through that three-step process, we basically have distilled water.
ROTT: Enough for 850,000 people a year.
NPR
February 20, 2018
2
Feb 22, 2018
Orange County Honored with Guinness
World Record for Recycled Water
100 million gal of wastewater was converted into potable water over 24 hours
In celebration of the groundwater system’s 10th anniversary, the Orange County
Groundwater Replenishment System successfully converted more than 100
million gal of wastewater into potable water over 24 hours. The system was
subsequently awarded the Guinness World Record for the achievement.
Water and Waste Digest
February 22, 2018
3
Such an accomplishment was more a formality for the district, as it consistently
produces similar figures on a daily basis. It is likely that the replenishment
system’s capacity will grow nearer 130 million gallons on any given day. The
water from the facility is used to sustain the county groundwater basin, serves as
a barrier that prevents seawater intrusion into the water supply and greatly
reduces imported drinking water costs.
The achievement took place against a backdrop of drought-like weather that is
once again ailing the state of California following the previous drought period
from 2013 to 2017.
“I’m proud our agencies had the vision to implement this local solution more
than a decade ago that has helped us better weather the drought, increase local
water reliability and stands as a model for worldwide use,” said Denis Bilodeau,
president of the Orange County Water and Sanitation Districts.
The Groundwater Replenishment System is the world’s largest facility to purify
wastewater beyond state and national drinking water standards. The system is
jointly operated by water and sanitation districts.
4
Blog at WordPress.com.
https://acertainperspectiveblog.wordpress.com/2018/03/13/recycled-water-victory/March 13, 2018
RECYCLED WATER VICTORY
Advancements in Orange County’s clean water supply promises healthier oceans.
Droughts are a common part of Southern California’s ecosystem, and despite improvements in recent
years, the lack of water remains an issue. Beginning in January of 2008, the Orange County Sanitation
District (OCSD) and the Orange County Water District (OCWD) came together to construct the
Groundwater Replenishment System (GWRS). This water purification process prevents seawater
intrusion and keeps the Orange County Groundwater Basin replenished. Since then, it has become the
“largest water recycling plant in the nation and, due to its success, has become the prototype for water
recycling plants everywhere,” (Cathy Green, 2016 OCWD President). Through this collaboration, the
GWRS established itself as “one of the most celebrated civil engineering and water reuse projects in
the world” (OCWD, The OCWD/OCSD partnership).
At the Fullerton City Council meeting on Tuesday, February 20, Councilman and Board Chairman of
the OCSD Board of Directors, Greg Sebourn, shared that their partnership with the OCWD celebrated
their 10th anniversary of the GWRS. To celebrate, Guinness World Record was called to document the
most amount of water to get recycled in a 24-hour period: 100 million and eight thousand gallons. This
project has kept waste water from going out to the ocean and has advanced purification by cleaning it
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March 13, 2018
5
up to a better-than-distilled quality, then pumping it back into the ground. “It was phenomenal, very
proud of that,” said Sebourn.
The GWRS released a press release on February 16th, documenting the memorable occasion:
The Guinness World Records title attempt to produce the most wastewater recycled into drinking water
in 24 hours started at 3:30 p.m. on Thursday, Feb. 15 and was successfully completed and announced
Friday, Feb. 16, during the Winter Fest, a public event that was held at the GWRS facility. The
celebration included a community toast with recycled water from the facility.
“This is a time to celebrate and learn about this proven technology that is so vital to sustaining our
communities and our natural environment,” said Sebourn. “We have the technology now to produce
safe drinking water that ensures long-term reliability of local supplies.”
“This was an incredible attempt that impacted the local community and environment. It provided
perspective on the process of making water safe for consumption,” said Philip Robertson, official
Guinness World Records adjudicator. “We congratulate the efforts of Orange County Water District
and Orange County Sanitation District and welcome them into the Guinness World Records family.”
6
Twitter Posts for February and March 2018
Tweeted 18 times and Retweeted 3 times
OC Sewers @OCSewers 2h2 hours ago
OCBC Gov Affairs @OCBC_GA
Thank you to Jim Herberg and his team at @OCSewers discussing projects and retrofitting being done in
Orange County including reconfiguring streets in Santa Ana to make way for #OCStreetcar.
OC Sewers @OCSewers 23h23 hours ago
Happy First Day of Spring!
OC Sewers @OCSewers Mar 19
Twitter Posts
March 2018
7
16, 22, 23, 24, 26, 27 and 31 years is how long these employees have commuted daily to our plant in
Fountain Valley with the same passion as when they started on their first day! Collectively they have 169
years of service at OCSD. Congratulations to all of our March retirees!
OC Sewers @OCSewers Mar 19
"Don't judge each day by the harvest you reap but by the seeds that you plant." - Robert Louis Stevenson
#MotivationalMonday
OC Sewers @OCSewers Mar 14
CA Clean Water Pros @CWEAMembers
Today's #treatmentplanttuesday is by CWEA Past President Paula Zeller of Orange County Sanitation
District - "Sunrise Over Surge Tower" https://rlm.ag/2eHDSX
OC Sewers @OCSewers Mar 13
OCSD's Administration Committee is meeting tomorrow, March 14 at 5 p.m. in Fountain Valley. Click on the
link to view the agenda. https://www.ocsd.com/Home/ShowDocument?id=24507 …
OC Sewers @OCSewers Mar 9
OCSD's Legislative and Public Affairs (LAPA) Committee meeting is taking place on Monday, March 12th at
noon in Fountain Valley. If you are interested in learning more, click on the link.
https://www.ocsd.com/Home/ShowDocument?id=24497 …
8
OC Sewers @OCSewers Mar 9
Happy #FlashbackFriday! Today's picture is from 2014 when our then Chairman, Tom Beamish and others
spoke on the same stage as Governor Jerry Brown to talk about water sustainability, the California drought
and the Groundwater Replenishment System.
OC Sewers @OCSewers Mar 8
Kudos to Larry Anderson – Plant Operator of the Year & Jonathon Powell – PS3 Person of the Year!
#industryleaders #winningbig
OC Sewers @OCSewers Mar 8
9
Three Cheers for Vicki Francis & Michelle Hetherington in receiving the CWEA Quarter Century
Recognition! #Congrats #industryleaders
OC Sewers @OCSewers Mar 7
For the 25th consecutive year, the Orange County Sanitation District (OCSD) earned the Certificate of
Achievement for Excellence in Financial Reporting (CGFO). https://www.ocsd.com/Home/Components/News/News/1990/52?backlist=%2f …
OC Sewers @OCSewers Mar 6
Know a graduating HS senior or college freshman, sophomore, or junior majoring in science, engineering,
public administration or other degrees? Encourage them to apply for one of the @CASA_CleanWater
Foundation’s $5,000 scholarships. https://www.facebook.com/OCSewers/posts/10155422228147951 …
OC Sewers @OCSewers Mar 5
OCSD’s Operation Committee meeting is scheduled for Wednesday @ 5 p.m., in #FountainValley. To view
the agenda, visit: https://www.ocsd.com/Home/ShowDocument?id=23489 …
CA Clean Water Pros @CWEAMembers Feb 27
It's #treatmentplanttuesday - we want to see where you work! Post your photos #cawater operators! Here's
one from @OCSewers Treatment Plant - photo by Ddaze Phuong
10
OC Sewers @OCSewers Feb 27
Yesterday, OCSD and @OCWDWaterNews received Senate floor recognition while the Senators toasted the
#GWRS 10th Anniversary. Thank you @SenatorNewmanCA for the recognition.
OC Sewers @OCSewers Feb 26
Thank you @QuirkSilva2018 for the floor recognition this afternoon in celebration of the #GWRS 10th
Anniversary. In attendance for today's recognition was OCSD Vice-Chairman David Shawver, OCSD Board
Member John Withers, and OCWD Board Member Vincente Sarmiento.
View Tweet activity
OC Sewers @OCSewers Feb 26
"Don’t judge each day by the harvest you reap but by the seeds that you plant." -Robert Louis Stevenson
#MotivationMonday
11
OC Sewers @OCSewers Feb 26
OCSD’s Jim Colston serving as moderator at @CASA_CleanWater Washington DC Policy Forum. Great
presentations on the current state of infrastructure policy.
OC Sewers @OCSewers Feb 23
Yesterday, Adam Wood, Director of Government Affairs @biaoc came and took a tour of our facility! While
on the tour we had the opportunity to talk about infrastructure costs and future capacity. Hope you
enjoyed your tour Adam!
OC Sewers @OCSewers Feb 23
NPR recently did a story about OCSD and #OCWD's recent Guinness World Records attempt. Check it out!
https://www.npr.org/ …/california-aims-to-get-past-the-yuck-…
12
Twitter Posts for February and March 2018
Tweeted 18 times and Retweeted 3 times
OC Sewers @OCSewers 2h2 hours ago
OCBC Gov Affairs @OCBC_GA
Thank you to Jim Herberg and his team at @OCSewers discussing projects and retrofitting being done in
Orange County including reconfiguring streets in Santa Ana to make way for #OCStreetcar.
OC Sewers @OCSewers 23h23 hours ago
Happy First Day of Spring!
OC Sewers @OCSewers Mar 19
Facebook Posts
March 2018
13
16, 22, 23, 24, 26, 27 and 31 years is how long these employees have commuted daily to our plant in
Fountain Valley with the same passion as when they started on their first day! Collectively they have 169
years of service at OCSD. Congratulations to all of our March retirees!
OC Sewers @OCSewers Mar 19
"Don't judge each day by the harvest you reap but by the seeds that you plant." - Robert Louis Stevenson
#MotivationalMonday
OC Sewers @OCSewers Mar 14
CA Clean Water Pros @CWEAMembers
Today's #treatmentplanttuesday is by CWEA Past President Paula Zeller of Orange County Sanitation
District - "Sunrise Over Surge Tower" https://rlm.ag/2eHDSX
OC Sewers @OCSewers Mar 13
OCSD's Administration Committee is meeting tomorrow, March 14 at 5 p.m. in Fountain Valley. Click on the
link to view the agenda. https://www.ocsd.com/Home/ShowDocument?id=24507 …
OC Sewers @OCSewers Mar 9
OCSD's Legislative and Public Affairs (LAPA) Committee meeting is taking place on Monday, March 12th at
noon in Fountain Valley. If you are interested in learning more, click on the link.
https://www.ocsd.com/Home/ShowDocument?id=24497 …
14
OC Sewers @OCSewers Mar 9
Happy #FlashbackFriday! Today's picture is from 2014 when our then Chairman, Tom Beamish and others
spoke on the same stage as Governor Jerry Brown to talk about water sustainability, the California drought
and the Groundwater Replenishment System.
OC Sewers @OCSewers Mar 8
Kudos to Larry Anderson – Plant Operator of the Year & Jonathon Powell – PS3 Person of the Year!
#industryleaders #winningbig
OC Sewers @OCSewers Mar 8
15
Three Cheers for Vicki Francis & Michelle Hetherington in receiving the CWEA Quarter Century
Recognition! #Congrats #industryleaders
OC Sewers @OCSewers Mar 7
For the 25th consecutive year, the Orange County Sanitation District (OCSD) earned the Certificate of
Achievement for Excellence in Financial Reporting (CGFO). https://www.ocsd.com/Home/Components/News/News/1990/52?backlist=%2f …
OC Sewers @OCSewers Mar 6
Know a graduating HS senior or college freshman, sophomore, or junior majoring in science, engineering,
public administration or other degrees? Encourage them to apply for one of the @CASA_CleanWater
Foundation’s $5,000 scholarships. https://www.facebook.com/OCSewers/posts/10155422228147951 …
OC Sewers @OCSewers Mar 5
OCSD’s Operation Committee meeting is scheduled for Wednesday @ 5 p.m., in #FountainValley. To view
the agenda, visit: https://www.ocsd.com/Home/ShowDocument?id=23489 …
CA Clean Water Pros @CWEAMembers Feb 27
It's #treatmentplanttuesday - we want to see where you work! Post your photos #cawater operators! Here's
one from @OCSewers Treatment Plant - photo by Ddaze Phuong
16
OC Sewers @OCSewers Feb 27
Yesterday, OCSD and @OCWDWaterNews received Senate floor recognition while the Senators toasted the
#GWRS 10th Anniversary. Thank you @SenatorNewmanCA for the recognition.
OC Sewers @OCSewers Feb 26
Thank you @QuirkSilva2018 for the floor recognition this afternoon in celebration of the #GWRS 10th
Anniversary. In attendance for today's recognition was OCSD Vice-Chairman David Shawver, OCSD Board
Member John Withers, and OCWD Board Member Vincente Sarmiento.
View Tweet activity
OC Sewers @OCSewers Feb 26
"Don’t judge each day by the harvest you reap but by the seeds that you plant." -Robert Louis Stevenson
#MotivationMonday
17
OC Sewers @OCSewers Feb 26
OCSD’s Jim Colston serving as moderator at @CASA_CleanWater Washington DC Policy Forum. Great
presentations on the current state of infrastructure policy.
OC Sewers @OCSewers Feb 23
Yesterday, Adam Wood, Director of Government Affairs @biaoc came and took a tour of our facility! While
on the tour we had the opportunity to talk about infrastructure costs and future capacity. Hope you
enjoyed your tour Adam!
OC Sewers @OCSewers Feb 23
NPR recently did a story about OCSD and #OCWD's recent Guinness World Records attempt. Check it out!
https://www.npr.org/ …/california-aims-to-get-past-the-yuck-…
ORANGE COUNTY SANITATION DISTRICT
COMMON ACRONYMS
ACWA Association of California
Water Agencies LAFCO Local Agency Formation
Commission SARFPA Santa Ana River Flood
Protection Agency
APWA American Public Works
Association LOS Level Of Service SARI Santa Ana River
Interceptor
AQMD Air Quality Management
District MGD Million Gallons Per Day SARWQCB Santa Ana Regional Water
Quality Control Board
ASCE American Society of Civil
Engineers MOU Memorandum of
Understanding SAWPA Santa Ana Watershed
Project Authority
BOD Biochemical Oxygen Demand NACWA National Association of Clean Water Agencies SCADA Supervisory Control And Data Acquisition
CARB California Air Resources
Board NGOs Non-Governmental
Organizations SCAP
Southern California
Alliance of Publicly Owned
Treatment Works
CASA California Association of
Sanitation Agencies NPDES National Pollutant Discharge
Elimination System SCAQMD South Coast Air Quality
Management District
CCTV Closed Circuit Television NWRI National Water Research Institute SOCWA South Orange County Wastewater Authority
CEQA California Environmental
Quality Act O & M Operations & Maintenance SRF Clean Water State
Revolving Fund
CIP Capital Improvement
Program OCCOG Orange County Council of
Governments SSMP Sewer System
Management Plan
CRWQCB California Regional Water
Quality Control Board OCHCA Orange County Health Care
Agency SSO Sanitary Sewer Overflow
CWA Clean Water Act OCSD Orange County Sanitation
District SWRCB State Water Resources
Control Board
CWEA California Water Environment
Association OCWD Orange County Water District TDS Total Dissolved Solids
EIR Environmental Impact Report OOBS Ocean Outfall Booster Station TMDL Total Maximum Daily Load
EMT Executive Management Team OSHA Occupational Safety and
Health Administration TSS Total Suspended Solids
EPA US Environmental Protection
Agency PCSA
Professional
Consultant/Construction
Services Agreement
WDR Waste Discharge
Requirements
FOG Fats, Oils, and Grease PDSA Professional Design Services
Agreement WEF Water Environment
Federation
gpd gallons per day POTW Publicly Owned Treatment
Works WERF Water Environment &
Reuse Foundation
GWRS Groundwater Replenishment
System ppm parts per million WIFIA Water Infrastructure
Finance and Innovation Act
ICS Incident Command System PSA Professional Services
Agreement WIIN Water Infrastructure Improvements for the
Nation Act
IERP Integrated Emergency
Response Plan RFP Request For Proposal WRDA Water Resources
Development Act
JPA Joint Powers Authority RWQCB Regional Water Quality Control Board
ORANGE COUNTY SANITATION DISTRICT
GLOSSARY OF TERMS
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.
BENTHOS – The community of organisms, such as sea stars, worms, and shrimp, which live on, in, or near the seabed, also known as the benthic zone.
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.
BIOGAS – A gas that is produced by the action of anaerobic bacteria on organic waste matter in a digester tank that can be used
as a fuel.
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 farmland 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 (D/T) – The dilution at which the majority of people detect the odor becomes the D/T for that air sample.
GREENHOUSE GASES (GHG) – 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 SYSTEM (GWRS) – 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 per day of drinking quality water to replenish the local groundwater supply.
LEVEL OF SERVICE (LOS) – Goals to support environmental and public expectations for performance.
N-NITROSODIMETHYLAMINE (NDMA) – A N-nitrosamine 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 and Water Environment Federation, with advisory support from the US Environmental Protection Agency. NBP is committed to developing and advancing environmentally sound and sustainable biosolids management practices that go beyond regulatory compliance and promote public participation 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) – A municipal wastewater treatment plant.
SANTA ANA RIVER INTERCEPTOR (SARI) LINE – A regional brine line designed to convey 30 million gallons per day 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 runoff.
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. The Orange County Sanitation District’s service area is in the Santa Ana River Watershed.