HomeMy WebLinkAbout05-22-2013 Steering Committee Agenda Packet.pdf Orange County Sanitation District Wednesday, May 22, 2013
Regular Meeting of the g 5:00 P.M.
Steering Committee - Administration Building
Board Room
10844 Ellis Avenue
Fountain Valley, CA
(714) 593-7130
SUPPLEMENTAL
AGENDA
The Steering Committee will consider the following:
CLOSED SESSION:
(4) CONFERENCE WITH LABOR NEGOTIATORS
(Government Code Section 54957.6)
Agency Designated Representative: James D. Herberg, General Manager
Unrepresented Employees: Executive Management Group
I hereby certify under penally of perjury under the laws of the State of California that the foregoing
Supplemental Agenda was posted in the lobby of the Administration Building not less than 72 hours prior
to the meeting. Dated this 16"day of May 2013.
Maria E.Ayala
Clerk of the Board
Wednesday, May 22, 2013
Orange County Sanitation District 5:00 P.M.
Regular Meeting of the Administration Building
Steering Committee Conference Rooms A & B
10844 Ellis Avenue
Fountain Valley, CA 92708
„
(714) 593-7130
AGENDA
DECLARATION OF QUORUM:
PUBLIC COMMENTS: If you wish to speak, please complete a Speaker's Form and give it to the
Clerk of the Board. Speakers are requested to limit comments to three minutes.
REPORTS: The Committee Chair and the General Manager may present verbal reports on
miscellaneous matters of general interest to the Directors. These reports are for information only and
require no action by the Directors.
CONSENT CALENDAR:
1. Approve Minutes of the April 24, 2013 Steering Committee Meeting.
ACTION ITEMS:
2. A. Approve a Professional Services Agreement with Townsend Public Affairs
for State Legislative Services for the period of July 1, 2013 through June
30, 2014 at a monthly rate of $5,000 per month for an annual amount not
to exceed amount of$60,000.
B. Approve a Professional Services Agreement with ENS Resources for
Federal Legislative Services for the period of July 1, 2013 through June
30, 2014 at a monthly rate of $5,500 per month for an annual not to
exceed amount of$66,000.
INFORMATION ITEMS:
3. Cost Recovery for Urban Runoff Flows
4. Legislative Update
05/22/13 Steering Committee Agenda Page 1 of 3
CLOSED SESSION:
During the course of conducting the business set forth on this agenda as a regular meeting of the
Board, the Chair may convene the Board in closed session to consider matters of pending real estate
negotiations, pending or potential litigation, or personnel matters, pursuant to Government Code
Sections 54956.8, 54956.9, 54957 or 54957.6, as noted.
Reports relating to (a) purchase and sale of real property; (b) matters of pending or potential litigation;
(c) employment actions or negotiations with employee representatives,or which are exempt from public
disclosure under the California Public Records Act, may be reviewed by the Board during a permitted
closed session and are not available for public inspection. At such time as the Board takes final action
on any of these subjects, the minutes will reflect all required disclosures of information.
Convene in closed session.
(1) CONFERENCE WITH LABOR NEGOTIATORS
(Government Code Section 54957.6)
Agency Designated Representatives: James D. Herberg, General Manager, Jeff
Reed, Director of Human Resources, and James D. Ruth, Chief Negotiator
Employee Organizations: Supervisor Group and Professional Group
(2) CONFERENCE WITH LABOR NEGOTIATORS
(Government Code Section 54957.6)
Agency Designated Representative: James D. Herberg, General Manager
Unrepresented Employees: Managers Group
(3) CONFERENCE WITH LEGAL COUNSEL RE. EXISTING LITIGATION
(Government Code Section 54956.9(d)(1))
(2 cases)
Case: Mladen Buntich v. Orange County Sanitation District, Riverside County
Superior Court, Case No. RIC 1201005
Case: Santa Ana Watershed Project Authority v. Orange County Sanitation
District, Contractual Arbitration before Judicial Arbitration and Mediation
Services, Jams Reference No. 1210030062
Reconvene in regular session.
Consideration of action, if any, on matters considered in closed session.
O5/22/13 Steering Committee Agenda Page 2 of 3
OTHER BUSINESS AND COMMUNICATIONS OR SUPPLEMENTAL AGENDA
ITEMS, IF ANY:
ADJOURNMENT:
The next Steering Committee meeting is scheduled for Wednesday, June 26, 2013. at
5:00 P.M.
Accommodations for the Disabled: Meeting Rooms are wheelchair accessible. If you require any special disability
related accommodations, please contact the Orange County Sanitation District Clerk of the Board's office at
(714) 593-7130 at least 72 hours prior to the scheduled meeting. Requests must specify the nature of the disability
and the type of accommodation requested.
Agenda Posting: In accordance with the requirements of California Government Code Section 54954.2,this agenda
has been posted outside the main gate of the Sanitation District's Administration Building located at 10844 Ellis
Avenue, Fountain Valley, California, not less than 72 hours prior to the meeting date and time above. All public
records relating to each agenda item, including any public records distributed less than 72 hours prior to the meeting
to all,or a majority of the Board of Directors,are available for public inspection in the office of the Clerk of the Board.
NOTICE TO DIRECTORS: To place items on the agenda for the Committee Meeting, items must be submitted to the
Clerk of the Board 14 days before the meeting.
Maria E.Ayala
Clerk of the Board
(714)593-7130
mavala(a)ocsd.com
For any questions on the agenda,Committee members may contact staff at
General Manager Jim Herberg (714)593-7110 iherberg(ftosd.com
Assistant General Manager Bob Ghirelli (714)593-7400 rohirelli(alocsd.com
Director of Engineering Nick Kanetis (714)593-7310 nkanetis(ftosd.com
Director of Facility Support Services Nick Arhontes (714)593-7210 narhontes(ilocsd.com
Director of Finance and Lorenzo Tyner (714)593-7550 ItvnergTocsd.com
Administrative Services
Director of Human Resources Jeff Reed (714)593-7144 ireedaocsd.com
Director of Operations&Maintenance Ed Torres 714 593-7080 etorres omd.com
05/22/13 Steering Committee Agenda Page 3 of 3
STEERING COMMITTEE Meng Date To ad.of Di,
0 eti22,13 --
AGENDA REPORT Item Number Item Number
2
Orange County Sanitation District
FROM: James D. Herberg, General Manager
Originator: Nick Kanetis, Director of Engineering
Public Affairs Manager: Michael Gold
SUBJECT: STATE AND FEDERAL LEGISLATIVE REPRESENTATION
GENERAL MANAGER'S RECOMMENDATION
A. Approve a Professional Services Agreement with Townsend Public Affairs for State
Legislative Services for the period of July 1, 2013 through June 30, 2014 at a monthly
rate of$5,000 per month for an annual amount not to exceed amount of$60,000.
B. Approve a Professional Services Agreement with ENS Resources for Federal Legislative
Services for the period of July 1, 2013 through June 30, 2014 at a monthly rate of$5,500
per month for an annual not to exceed amount of$66,000.
SUMMARY
After negotiating with our current legislative representatives in Sacramento and
Washington, D.C., staff reduced the monthly retainers saving the Orange County
Sanitation District (OCSD) $54,000. With pressing issues on the horizon, staff
recommends a one-year agreement with our current consultants. The contracts will be
re-evaluated in nine months to determine the next steps, such as issuing a request for
proposals or changing the levels of service.
ADDITIONAL INFORMATION
Over five years ago, just after OCSD created and formalized its Federal and State
Legislative programs, staff issued two requests for proposals (RFP) for Federal and
State advocacy services. At that time, OCSD employed one firm and two lobbyists for
Federal advocacy and two firms providing services in Sacramento. Following the RFPs,
legislative services were consolidated to having just two firms (one in Washington, D.C.
and one for Sacramento) and reduced overall costs by $2,500 per month.
In June, 2007, the Steering Committee approved agreements with ENS Resources for
Federal advocacy and Townsend Public Affairs for State advocacy services. Each
agreement was for five years with annual renewals by the Steering Committee.
Currently, staff is seeking direction from the Steering Committee regarding future
legislative advocacy services.
Since 2008 and the initiation of the current program, OCSD has spent $900,000 on
contracted legislative services and received just over $2.3 million in Federal Funding.
Legislative/policy accomplishments include:
Page 1 of 3
• Closeout of the EPA grant that brought $2.3 million to OCSD for secondary
treatment upgrades;
• Work on the Federal Clean Water Act income rule (10% rule) moving the issue
farther than it had ever moved in the past;
Page 1 of 3
• Clarification of the Santa Ana River Interceptor authorization with the Army Corps
of Engineers;
• Recognition of OCSD's secondary treatment completion and the Groundwater
Replenishment System in Congress;
• Longstanding relationships with Federal legislators and their staff;
• Protection of OCSD's property tax through regular contact, advocacy and
meetings with legislators and staff;
• Passage of design-build authorization for OCSD;
• High-profile positions on key bills such as chemical cremation, beach testing,
contract liability and design-build, as well as other matters where we have
successfully pushed for positive outcomes to OCSD on about one dozen bills;
• Inclusion of wastewater projects as eligible for funding under previous water
bonds allowing OCSD to secure $1 million through Proposition 84;
• Regular meetings and trips to Washington, D.C. and Sacramento to advance our
interests; and
• Regular meetings and phone calls with advocates.
For the past five years, OCSD has had an active legislative program and we have
utilized our size and visibility to our advantage. Oftentimes, our association, CASA, has
called on OCSD to weigh-in on pressing matters and lend our support.
The current contracts for state and federal lobbying services cost OCSD $15,000 per
month ($7,500 per firm, per month).
The General Manager met with our representatives in April to discuss their contracts
and get more information about the current level of service and what they can provide
moving forward.
Both Townsend Public Affairs and ENS Resources recognized that we are in a different
position than we were five years ago and offered to reduce their monthly retainer fees.
Townsend Public Affairs offered to reduce their fee from $7,500 per month to $5,000
per month and ENS Resources offered to reduce their fee from $7,500 per month to
$5,500 per month. The new rates will save $54,000 per year.
There are three options staff considered in light of Steering Committee discussions and
input from the Chair:
• Issue an RFP for state and federal lobbyist services; or
• Cancel one or both agreements altogether and have staff perform all legislative
advocacy (with support services as needed); or
• Continue services at a reduced rate with the current consultants.
Page 2 of 3
To continue working closely with State and Federal legislators, staff recommends
separate one-year agreements with Townsend Public Affairs and ENS Resources at the
negotiated reduced rate.
In nine months, staff will provide further analysis to the Steering Committee for a
discussion and next steps.
PRIOR COMMITTEE/BOARD ACTIONS
October 24, 2007 — Approved five-year agreements with state and federal legislative
advocates and approved four one-year renewals at the discretion of the Steering
Committee.
CEQA
N/A
BUDGET/DELEGATION OF AUTHORITY COMPLIANCE
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.coml with the complete agenda package and attachments:
Draft Professional Services Agreements (16 pages)
MGJC:jb:gc
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PROFESSIONAL SERVICES AGREEMENT
State Legislative Services
THIS AGREEMENT is made and entered into as of July 1, 2013 by and between Orange
County Sanitation District, with a principal place of business at 10844 Ellis Avenue, Fountain
Valley, CA 92708-7018 (hereinafter referred to as "OCSD") and Townsend Public Affairs with
a principal business at 2699 White Road, Suite 251, Irvine, CA 92614 (hereinafter referred to as
"Service Provider") collectively referred to as the"Parties".
RECITALS
WHEREAS, based on Service Provider's expertise and experience, OCSD wishes to
temporarily engage Service Provider to provide state ley,jslative services ("Services") as
described in Exhibit"A"; and W
WHEREAS, OCSD's General Manager has determined the outsourcing of said Se
the best interest of OCSD; and
WHEREAS, Service Provider submitted its proposal, dated ; a4L*61,
WHEREAS, on May 22, 2013 the Board of Directors of OCSD, b orized
execution of this AgreemerOetween OCSD and Service Provider; a
WHEREAS, OCSD�ia's chosen Service Provid conduct Ser4i accordance with
Purchasing Resolution No. OCSD07-04; ar
NOW, THEREFORE, in consideration of the mutual promises and mutual benefits exchanged
between the Parties, the Parties mutually agree as follows:
1. Introduction
1.1 This Agreement and all exhibits hereto (called the "Agreement") is made by OCSD and
Service Provider. The Terms and Conditions herein exclusively govern the purchase of Services
as described in the Scope of Work.
1.2 Exhibits to this Agreement are incorporated by reference and made a part of this
Agreement as though fully set forth at length herein. Exhibits to this Agreement are as follows in
order of precedence:
Exhibit"A" Scope of Work
Exhibit"B" Proposal from Service Provider
Exhibit"C" Acknowledgement of Insurance Requirements
1.3 In the event of any conflict or inconsistency between the provisions of this Agreement
and any of the provisions of the exhibits hereto, the provisions of this Agreement shall in all
respects govern and control.
1.4 This Agreement may not be modified, changed or supplemented, nor may any
obligations hereunder be waived or extensions of time for performance granted, except by
written instrument signed by both Parties.
1.5 The various headings in this Agreement are inserted for convenience only and shall not
affect the meaning or interpretation of this Agreement or any Paragraph or provision hereof.
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1.6 The term "workday". Workdays are defined as all days that are not Saturday, Sunday, or
legally observed holidays. Meetings with OCSD staff shall be scheduled from Monday through
Thursday between the hours of 8AM and 4PM (exception is operations staff who maintain plant
operations 24/7 and work a rotated 12-hour shift) and shall conform to OCSD work schedules.
OCSD review periods shall not include legally observed holidays.
1.7 The term "days", when used in the Agreement, shall mean calendar days, unless
otherwise noted as workdays.
1.8 Work Hours: All work shall be scheduled Monday through Friday, between 0730 and
1730 hours. OCSD will not pay Travel Time.
1.9 Service Provider shall provide OCSD with all required premiums and/or overtime work at
no charge beyond the price provided u mpensation" and "Payment and Invoic
below.
1.10 Except as expressly provided otherwise, OCSD accepts no liability for any expenses,
losses, or action incurred or undertaken by Service Provider as a result of Mork performed in
anticipation of purchases of said services by OCSD.
2. Scope of Work Subject to the terms of this Agreement, Service Provider shall perform
the Services identified in Exhibits "A" and 'B". Service Provider warrants that all of its Services
shall be performed in a competent, professional and satisfactory manner.
3. Modifications to Scope of Work Requests for modifications to the Scope of Work
hereunder can be made by OCSD at any time. All modifications must be made in writing and
signed by both Parties. A review of the time required for the modification will be made by OCSD
and Service Provider and the Agreement period adjusted accordingly.
4. Compensation Compensation to be paid by OCSD to Service Provider for the Services
provided under this Agreement shall be a total amount not to exceed Sixty Thousand and 00/00
Dollars ($60,000.00). L'
5. Payment and Invoicing
5.1 Service Provider shall be paid monthly by OCSD at the rate of $5,000 per month for
twelve (12) months.
5.2 OCSD shall pay, Net 30 days, upon receipt and approval, by OCSD Project Manager,
Michael Gold or his designee, of itemized invoice.
5.3 Invoices shall be emailed by Service Provider to OCSD at the following email address
and the Purchase Order number shall be referenced in the subject line: APStaffUDOCSD.com.
6. Audit Rights Service Provider agrees that, during the term of this Agreement and for a
period of three (3) years after its termination, OCSD shall have access to and the right to
examine any directly pertinent books, documents, and records of Service Provider relating to
the invoices submitted by Service Provider pursuant to this Agreement.
7. Commencement and Term The Services to be provided by Service Provider under this
Agreement shall commence on the date of the Notice to Proceed (Effective Date), and be
completed in twelve It 2) calendar months.
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a. Renewals
8.1 OCSD may exercise the option to renew the Agreement for one (1) three-year period
based upon the criteria set forth in the specifications, Exhibit "A", under the terms and conditions
contained herein. OCSD shall make no obligation to renew nor give reason K it elects not to
renew.
8.2 Renewal may be made through the OCSD Purchase Order Process.
9. Extensions The Term of this Agreement may be extended only by written instrument
signed by both Parties.
10. Performance Time is of the essence in the erformance of the provisions hereof.
11. Termination
11.1 OCSD reserves the right to terminate this Agreement for its convenience, with or
without cause, in whole or in part, at any time, by written notice from OCSD, (delivered by
certified mail, return receipt requested) of intent to terminate. Upon receipt of a termination
notice, Service Provider shall immediately discontinue all work under this Agreement (unless the
notice directs otherwise). OCSD shall thereafter, within thirty (30) days, pay Service Provider
for work performed (cost and fee) to the date of termination. Servige Provider expressly waives
any claim to receive anticipated profits to be earned during We uncompleted portion of this
Agreement. Such notice of termination shall terminate this Agreement and release OCSD from
any further fee, cost or claim hereunder by Service Provider other than for work performed to
the date of terminal'
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11.2 OCSD reserves the right to terminate this Agreement immediately upon OCSD's
determination that Service Provider is not meeting specification requirements, if the level of
service is inadequate, or any other default of this Agreement.
11.3 OCSD may also immediately cancel for default of this Agreement in whole or in part by
written notice to Service Provider:
• 'if Service Provider becomes insolvent or files a petition under the Bankruptcy Act; or
if Service Provider sells its business; or
• if Service Provider breaches any of the terms of this Agreement; or
• if total amount of compensation exceeds the amount authorized under this
greement.
11.4 All OCSD property in the possession or control of Service Provider shall be returned by
Service Provider to OCSD on demand, or at the termination of this Agreement, whichever
occurs first.
12. Indemnification and Hold Harmless Provision Service Provider agrees to save,
indemnify, defend and hold harmless OCSD, its officers, employees and agents against any and
all liability, claims, judgments, cost and demands, including demands arising from injuries or
death of persons and damage to property, arising directly or indirectly out of the negligence or
willful misconduct of Service Provider, its employees or agents, in relation to the rendition of
Services pursuant to this Agreement, except claims or litigations arising through the sole
negligence or willful misconduct of OCSD. Service Provider agrees to reimburse OCSD for any
expenditure, including reasonable attorney's fees, OCSD may incur by reason of such matters,
and, if requested by OCSD, will defend any such suits at the cost and expense of Service
Provider.
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13. Insurance Service Provider and all subcontractors and subcontractors shall purchase
and maintain, throughout the life of this Agreement and any periods of warranty or extensions,
insurance in amounts equal to the requirements set forth in the signed Acknowledgement of
Insurance Requirements, Exhibit "C". Service Provider shall not commence work under this
Agreement until all required insurance is obtained in a form acceptable to OCSD, nor shall
Service Provider allow any subcontractor to commence service pursuant to a subcontract until
all insurance required of the subcontractor has been obtained. Failure to maintain required
insurance coverage shall result in termination of this Agreement.
14. Key Personnel Personnel, as provided in Exhibit "B", are considered "key" to the work
under this Agreement and will be available for the tens of the Agreement. No person designated
as key under this Agreement shall be removed replaced without prior written consent of
OCSD. •
15. Confidentiality and Non-Disclosure
15.1 Service Provider acknowledges that in performing the Services hereunder, t may
have to disclose to Service Provider orally and in writing certain confidential information that
OCSD considers proprietary and has developed at great expense and effort.
W
15.2 Service Provider agrees to maintain in confidence and not disclose to any person, firm,
or corporation, without OCSD's prior written consent, any trade secret or confidential
information, knowledge or M relating to the products, process, or operation of OCSD.
15.3 Service Provider further agrees to maintain in confidence and not to disclose to any
person, firm, or corporation any data, information, technology, or material developed or obtained
by Service Provider during the term of this Agreement.
15.4 Service Provider agrees as follows: +
• To use the Confidential Information only for the purposes described herein; to not
reproduce the Confidential Information; to hold in confidence and protect the Confidential
Information from dissemination to and use by anyone not a party to this Agreement; and
to not use the Confidential Information to benefit itself or others.
• To restrict access to the Confidential Information to its Service Provider or personnel of
Service Provider who (1) have a need to have such access and (2) have been advised
of and have agreed in writing to treat such information in accordance with the terms of
this Agreement.
• To return all Confidential Information in Service Provider's possession upon termination
of this Agreement or upon OCSD's request, whichever occurs first.
• To hold in confidence information and materials, if any, developed pursuant to the
Services hereunder.
15.5 The provisions of this Section shall survive termination or expiration of this Agreement
and shall continue for so long as the material remains confidential.
16. Ownership of Intellectual Property
16.1 Service Provider agrees that all designs, plans, reports, specifications, drawings,
schematics, prototypes, models, inventions, and all other information and items made during the
course of this Agreement and arising from the Services (hereinafter referred to as "New
Developments")shall be and are assigned to OCSD as its sole and exclusive property.
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16.2 Service Provider agrees to promptly disclose to OCSD all such New Developments.
Upon OCSD's request, Service Provider agrees to assist OCSD, at OCSD's expense, to obtain
patents or copyrights for such New Developments, including the disclosure of all pertinent
information and data with respect thereto, the execution of all applications, specifications,
assignments, and all other instruments and papers which OCSD shall deem necessary to apply
for and to assign or convey to OCSD, its successors and assigns, the sole and exclusive right,
title and interest in such New Developments. Service Provider agrees to obtain or has obtained
written assurances from its employees and contract personnel of their agreement to the terms
hereof with regard to New Developments and Confidential Information.
16.3 Service Provider warrants that Service Provider has good title to any New
Developments, and the right to assign New Developments to OCSD free of any proprietary
rights of any other party or any other encumbrance whatever
16.4 The originals of all computations, drawings, designs, graphics, studies, reports, manuals,
photographs, videotapes, data, computer files, and other documents prepared or caused to be
prepared by Service Provider or its subcontractors in connection with these Services shall be
delivered to and shall become the exclusive property of OCSD. OCS�ay utilize these
documents for OCSD applications on other projects or extensions of this pr at its own risk.
17. No Solicitation of Employees Or Subcontractors
17.1 Service Provider agrees that it shall not, during the term of this Agreement and for a
period of one (1) year immediately following termination of this Agreement, or any extension
hereof, call on, solicit, or take away any of the employees or subcontractors about whom
Service Provider became aware as a result of Service Provider's SeMces to OCSD.
17.2 Service Provider acknowledges that OCSD's employees are critical to its business.
Service Provider agrees not to employ or otherwise engage OCSD's employees or
subcontractors during the term of this Agreement and for a period of one (1) year following
termination of this Agreement. Should Service Provider violate this provision, Service Provider
will pay OCSD fifty percent (50%) of the former employee's annual salary which payment is in
addition to OCSD's rights and remedies.
18. Independent Contractor Capacity
18.1 The relationship of Service Provider to OCSD is that of an independent contractor and
nothing herein shall be construed as creating an employment or agency relationship.
18.2 Service Provider shall act independently and not as an officer or employee of OCSD.
OCSD assumes no liability for Service Providers action and performance, nor assumes
responsibility for taxes, funds, payments or other commitments, implied or expressed, by or for
Service Provider.
18.3 Service Provider shall not be considered an agent of OCSD for any purpose whatsoever,
nor shall Service Provider have the right to, and shall not, commit OCSD to any agreement,
contract or undertaking. Service Provider shall not use OCSD's name in its promotional material
or for any advertising or publicity purposes without expressed written consent.
18.4 Service Provider shall not be entitled to any benefits accorded to those individuals listed
on OCSD's payroll as regular employees including, without limitation, workers compensation,
disability insurance, vacation, holiday or sick pay. Service Provider shall be responsible for
providing, at Service Provider's expense, disability, worker's compensation or other insurance
as well as licenses and permits usual or necessary for conducting the Services hereunder.
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18.5 Service Provider shall be obligated to pay any and all applicable local, state and federal
payroll and other taxes incurred as a result of fees hereunder. Service Provider hereby
indemnifies OCSD for any claims, losses, costs, fees, liabilities, damages or penalties suffered
by OCSD arising out of Service Providers breach of this provision.
18.6 Service Provider shall not be eligible to join or participate in any benefit plans offered to
those individuals listed on OCSD's payroll as regular employees. Service Provider shall remain
ineligible for such benefits or participation in such benefit plans even if a court later decides that
OCSD misclassified Service Provider for tax purposes.
19. Licenses, Permits Service Provider represents and warrants to OCSD that it has
obtained all licenses, permits, qualification and approvals of whatever nature that are legally
required to engage in this work. Any and all fees required by State, County, City and/or
municipal laws, codes and/or tariffs that pertain to work performed under the terms of this
Agreement will be paid by Service Provider.
20. Service Provider's Representations In the performance of duties under this
Agreement, Service Provider shall adhere to the highest fiduciary standar ethical practices
and standards of care and competence. Service Provider agrees to comp h all applicable
Federal, State and local laws and regulations.
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21, Familiarity with Work By executing this Agreement, Service Provider warrants that: 1)
it has investigated the work to be performed; 2) it has investigated the site of the work and is
aware of all conditions there; and 3) it understands the facilities, difficulties and restrictions of
the work under thT'Agreement. Should Service Provider discover any latent or unknown
conditions materially differing from those inherent in the work or as represented by OCSD, it
shall immediately inform OCSD of this and shall not proceed, except at Service Provider's risk,
until written instructions are received from OCSD.
22. Right to Review Services, Facilities.Vd Records
22.1 OCSD reserves the right to review any portion of the Services performed by Service
Provider urj is Agreement, and Slfrvice Provider agrees to cooperate to the fullest extent
possible.
22.2 Service P der shall furnish to OCSD such reports, statistical data, and other
information pertai g to Service Provider's Services as shall be reasonably required by OCSD
to carry out its rights and responsibilities under its agreements with its bondholders or
noteholders and any other agreement relating to the development of the project(s) and in
connection with the issuance of its official statements and other prospectuses with respect to
the offering, sale, and issuance of its bonds and other obligations.
22.3 The right of OCSD to review or approve drawings, specifications, procedures,
instructions, reports, test results, calculations, schedules, or other data that are developed by
Service Provider shall not relieve Service Provider of any obligation set forth herein.
23. Force Maieure Neither party shall be liable for delays caused by accident, flood, acts of
God, fire, labor trouble, war, acts of government or any other cause beyond its control, but said
party shall use reasonable efforts to minimize the extent of the delay. Work affected by a Force
Majeure condition may be rescheduled by mutual consent or may be eliminated from the
Agreement.
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24. Severability If any section, subsection, or provision of this Agreement, or any
agreement or instrument contemplated hereby, or the application of such section, subsection, or
provision is held invalid, the remainder of this Agreement or instrument in the application of such
section, subsection or provision to persons or circumstances other than those to which it is held
invalid, shall not be affected thereby, unless the effect of such invalidity shall be to substantially
frustrate the expectations of the Parties.
25. Breach The waiver of either party of any breach or violation of, or default under, any
provision of this Agreement, shall not be deemed a continuing waiver by such party of any other
provision or of any subsequent breach or violation of this Agreement or default thereunder. Any
breach by Service Provider to which OCSD does not object shall not operate as a waiver of
OCSD's rights to seek remedies available to it for any subsequent breach.
26. Remedies In addition to other rem9oavalla#n law or equity, if the Service
Provider fails to make delivery of the goods or Services or repudiates its obligations under this
Agreement, or if OCSD rejects the goods or Services or revokes acceptance of the goods or
Services, OCSD may (1) cancel the Agreement; (2) recover whatever amount of the purchase
price OCSD has paid, and/or (3) "cover' by purchasing, or contracting to purchase, substitute
goods or Services for those due from Service Provider. In the event OCSD elects to "cover" as
described in (3), OCSD shall be entitled to recover from Servicp Provider as damages the
difference between the cost of the substitute goods or Services�he contract rice, together
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with any incidental or cons�ential damages.
27. Govern�in This Agreement shall be govern an er under the laws of
the State of Califoria and the Parties submit to jurisdiction in Orange County, in the event any
action is brought in connection with this Agreement or the p rformance thereof.
28. Attorney's Fees If any action at law or inequit r if any proceeding in the form of an
Alternative Dispute Resolution (ADR) is necessary to enforce or interpret the terms of this
Agreement, the prev4iling party shall be entitled to reasonable attorney's fees, costs and
necessary disbursements in addition to any other relief to which he may be entitled.
29. Dispute Resolution
29.1 In the event of a dispute as to the construction or interpretation of this Agreement, or
any rights or obligations hereunder, the Parties shall first attempt, in good faith, to resolve the
dispute by mediation. The Parties shall mutually select a mediator to facilitate the resolution of
the dispute. If the Parties are unable to agree on a mediator, the mediation shall be conducted
in accordance with the Commercial Mediation Rules of the American Arbitration Agreement,
through the alternate dispute resolution procedures of Judicial Arbitration through Mediation
Services of Orange County ("JAMS"), or any similar organization or entity conducting an
alternate dispute resolution process.
29.2 In the event the Parties are unable to timely resolve the dispute through mediation, the
issues in dispute shall be submitted to arbitration pursuant to California Code of Civil Procedure,
Part 3, Title 9, Sections 1280 at seq. For such purpose, an agreed arbitrator shall be selected,
or in the absence of agreement, each party shall select an arbitrator, and those two arbitrators
shall select a third. Discovery may be conducted in connection with the arbitration proceeding
pursuant to California Code of Civil Procedure Section 1283.05. The arbitrator, or three
arbitrators acting as a board, shall take such evidence and make such investigation as deemed
appropriate and shall render a written decision on the matter in question. The arbitrator shall
decide each and every dispute in accordance with the laws of the State of California. The
arbitrator's decision and award shall be subject to review for errors of fact or law in the Superior
Court for the County of Orange, with a right of appeal from any judgment issued therein.
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30. Damage to OCSD's Property Any OCSD property damaged by Service Provider will be
subject to repair or replacement by Service Provider at no cost to OCSD.
31. Safety and Accident Prevention
31.1 Personal Protective Equipment: OCSD requires, safety glasses, long pants,
shirts and appropriate footwear be worn on the plant processing areas and OCSD
jobsites. In addition, hard hats and enclosed-foot shoes are required on all construction
sites and where posted. Other personal protective equipment is required where posted
or required by regulation. Face shields and safety glasses shall also be required to be
worn when working around pressured chemical systems at connections,
disconnections, adjustments and observations. Lack of safety equipment or failure to
use safety equipment will be cause for termination of the Agreement.
31.2 Plant Speed Limits: The posted speed limit is 1 5 miles per hour. Violators
posted speed limit may have their vehicle banned from the site.
32. Freight (F.O.B. Destination) Service Pro+er assumes full responsibility for a
transportation, transportation scheduling, packing, handling, insurance, and other s!e ces
associated with delivery of all products deemed necessary under this Agreement.
♦ -33. Assignments Service Provider shall not delegate any duties nor assigA ny rights
under this Agreement without the prior written consent of OCSD. Any such attempted
delegation or assignment shall be void.
34. Conflict of Interest and Reporting
34.1 Service Provider shall at all times avoid conflict of interest or appearance of conflict of
interest in performance of this Agreement.
34.2 Service Provider affirms that to the best of its knowledge there exists no actual or
potential conflict between Service Provider's families, business or financial interest or its
Services under this Agreement, and M the event of change in either its private interests or
Services under this Agreement, it will raise with OCSD any question regarding possible conflict
of interest which may arise as a result of such change.
35. Third Party Rights Nothing in this Agreement shall be construed to give any rights or
benefits to anyone other than OCSD and Service Provider.
36. Authority to Execute The persons executing this Agreement on behalf of the Parties
warrant that they are duly authorized to execute this Agreement and that by executing this
Agreement, the Parties are formally bound.
37. Read and Understood By signing this Agreement, Service Provider represents that he
has read and understood the terms and conditions of the Agreement.
36. Entire Agreement This Agreement constitutes the entire agreement of the Parties and
supersedes all prior written or oral and all contemporaneous oral agreements, understandings,
and negotiations between the Parties with respect to the subject matter hereof.
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39. Notices All notices under this Agreement must be in writing. Written notice shall be
sent by registered or certified mail, postage prepaid, return receipt requested, or by any other
overnight delivery service which delivers to the noticed destination and provides proof of
delivery to the sender. Any facsimile notice must be followed within three (3) days by written
notice. All notices shall be effective when first received at the following addresses:
OCSD: Clarice M. Marcin
Senior Contracts Administrator
Orange County Sanitation District
10844 Ellis Avenue
Fountain Valley, CA 92708-7018
Service Provider: Townsend Affairs
Ll
IN WITNESS WHEREOF, the Parties here have hereunto set their han h yea
indicated below.
ORANGE COUNTY SANI
Dated: By:
Chair Board of Directors Nle
Dated:
c of the Board
kc*
Dated: By:
Contracts/Purchasing Manager
TOWNSEND PUBLIC AFFAIRS
Dated: By:
Print Name and Title of Officer
IRS Employer's I.D. Number
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PROFESSIONAL SERVICES AGREEMENT
Federal Legislative Services
THIS AGREEMENT is made and entered into as of July 1, 2013 by and between Orange
County Sanitation District, with a principal place of business at 10844 Ellis Avenue, Fountain
Valley, CA 92708-7018 (hereinafter referred to as "OCSD") and ENS Resources Inc. with a
principal business at 1101 10 Street NW, Suite 350, Washington, DC 20005 (hereinafter
referred to as "Service Provider")collectively referred to as the "Parties".
RECITALS
WHEREAS, based on Service Provider's expertise and experience, OCSD wishes to
temporarily engage Service Provider to provide federal legislative services ("Services") as
described in Exhibit"A"; and o 7
WHEREAS, OCSD's General M ager has determined the outsourcing of said Services is
the best interest of OCSD; and N `
WHEREAS, Service Providersubmitted its proposal, dated ; and
WHEREAS, on May 22, 2013 the Board of Directors of OCSD, by minu orized
execution of thiNAgreemer�etween OCSD and Service Provider; and
WHEREAS, OC.'� chosen Service Provid conduct Servic accordance with
Purchasing Resolution No. OCSD07-04
NOW, THEREFORE, in consideration of the mutual promises and mutual benefits exchanged
between the Parties, the Parties mutually agree as follows:
1. Introduction
1.1 This Agreement and all exhibits hereto (called the "Agreement") is made by OCSD and
Service Provider. The Terms and Conditions herein exclusively govern the purchase of Services
as described in the Scope of Work.
1.2 Exhibits to this Agreement are incorporated by reference and made a part of this
Agreement as though fully set forth at length herein. Exhibits to this Agreement are as follows in
order of precedence:
Exhibit"A" Scope of Work
Exhibit"B" Proposal from Service Provider
Exhibit"C" Acknowledgement of Insurance Requirements
1.3 In the event of any conflict or inconsistency between the provisions of this Agreement
and any of the provisions of the exhibits hereto, the provisions of this Agreement shall in all
respects govern and control.
1.4 This Agreement may not be modified, changed or supplemented, nor may any
obligations hereunder be waived or extensions of time for performance granted, except by
written instrument signed by both Parties.
1.5 The various headings in this Agreement are inserted for convenience only and shall not
affect the meaning or interpretation of this Agreement or any Paragraph or provision hereof.
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1.6 The term "workday". Workdays are defined as all days that are not Saturday, Sunday, or
legally observed holidays. Meetings with OCSD staff shall be scheduled from Monday through
Thursday between the hours of 8AM and 4PM (exception is operations staff who maintain plant
operations 24/7 and work a rotated 12-hour shift) and shall conform to OCSD work schedules.
OCSD review periods shall not include legally observed holidays.
1.7 The term "days", when used in the Agreement, shall mean calendar days, unless
otherwise noted as workdays.
1.8 Work Hours: All work shall be scheduled Monday through Friday, between 0730 and
1730 hours. OCSD will not pay Travel Time.
1.9 Service Provider shall provide OCSD with all required premiums and/or overtime work at
no charge beyond the price provided u mpensatiorf" and 'Payment and Inv
oic
below.
1.10 Except as expressly provided otherwise, OCSD accepts no liability for any expenses,
losses, or action incurred or undertaken by Service Provider as a result offmork performed in
anticipation of purchases of said services by OCSD. ,� _
2. Scope of Work Subject to the terms of this Agreement, Service Provider shall �Iorm
the Services identified in Exhibits "A" and 'B". Service Provider warrants that all of its Services
shall be performed in a competent, professional and satisfactory manner.
3. Modifications to Scope of Work Requests for modifications to the Scope of Work
hereunder can be made by OCSD at any time. All modifications must be made in writing and
signed by both Parties. A review of the time required for the modification will be made by OCSD
and Service Provider and the Agreement period adjusted accordingly.
4. Compensation Compensation to be p by OCSD to Service Provider for the Services
provided under this Agreement shall be a total amount not to exceed Sixty-six Thousand and
00/00 Dollars ($66,000.00). —
5. Payment and Invoicing
5.1 Service Provider shall be paid monthly by OCSD at the rate of $5,500 per month for
twelve (12) months.
5.2 OCSD shall pay, Net 30 days, upon receipt and approval, by OCSD Project Manager,
Michael Gold or his designee, of itemized invoice.
5.3 Invoices shall be emailed by Service Provider to OCSD at the following email address
and the Purchase Order number shall be referenced in the subject line: APStaffo-OCSD.com.
6. Audit Rights Service Provider agrees that, during the term of this Agreement and for a
period of three (3) years after its termination, OCSD shall have access to and the right to
examine any directly pertinent books, documents, and records of Service Provider relating to
the invoices submitted by Service Provider pursuant to this Agreement.
7. Commencement and Term The Services to be provided by Service Provider under this
Agreement shall commence on the date of the Notice to Proceed (Effective Date), and be
completed in twelve (12) calendar months.
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8. Renewals
8.1 OCSD may exercise the option to renew the Agreement for one (1) three-year period
based upon the criteria set forth in the specifications, Exhibit"A", under the terms and conditions
contained herein. OCSD shall make no obligation to renew nor give reason if it elects not to
renew.
8.2 Renewal may be made through the OCSD Purchase Order Process.
9. Extensions The Term of this Agreement may be extended only by written instrument
signed by both Parties.
10. Performance Time is of the essence in the erformance of the provisions hereof.
11. Termination
11.1 OCSD reserves the right to terminate this Agreement for its convenience, with or
without cause, in whole or in part, at any time, by written notice from OCSD, (delivered by
certified mail, return receipt requested) of intent to terminate. Upon receipt of a termination
notice, Service Provider shall immediately discontinue all work under this Agreement (unless the
notice directs otherwise). OCSD shall thereafter, within thirty (30) days, pay Service Provider
for work performed (cost and fee) to the date of termination. Servige Provider expressly waives
any claim to receive anticipated profits to be earned during We uncompleted portion of this
Agreement. Such notice of termination shall terminate this Agreement and release OCSD from
any further fee, cost or claim hereunder by Service Provider other than for work performed to
the date of termination.
11.2 OCSD reserves the right to terminate this Agreement immediately upon OCSD's
determination that Service Provider is not meeting specification requirements, if the level of
service is inadequate, or any other default of this Agreement.
11.3 OCSD may alsp immediately cancel for default of this Agreement in whole or in part by
written notice to Service Provider:
• if Service Provider becomes insolvent or files a petition under the Bankruptcy Act; or
if Service Provider sells its business; or
if Service Provider breaches any of the terms of this Agreement; or
total- amount of compensation exceeds the amount authorized under this
greement.
11.4 All OCSD property in the possession or control of Service Provider shall be returned by
Service Provider to OCSD on demand, or at the termination of this Agreement, whichever
occurs first.
12. Indemnification and Hold Harmless Provision Service Provider agrees to save,
indemnify, defend and hold harmless OCSD, its officers, employees and agents against any and
all liability, claims, judgments, cost and demands, including demands arising from injuries or
death of persons and damage to property, arising directly or indirectly out of the negligence or
willful misconduct of Service Provider, its employees or agents, in relation to the rendition of
Services pursuant to this Agreement, except claims or litigations arising through the sole
negligence or willful misconduct of OCSD. Service Provider agrees to reimburse OCSD for any
expenditure, including reasonable attorney's fees, OCSD may incur by reason of such matters,
and, if requested by OCSD, will defend any such suits at the cost and expense of Service
Provider.
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13. Insurance Service Provider and all subcontractors and subcontractors shall purchase
and maintain, throughout the life of this Agreement and any periods of warranty or extensions,
insurance in amounts equal to the requirements set forth in the signed Acknowledgement of
Insurance Requirements, Exhibit "C". Service Provider shall not commence work under this
Agreement until all required insurance is obtained in a form acceptable to OCSD, nor shall
Service Provider allow any subcontractor to commence service pursuant to a subcontract until
all insurance required of the subcontractor has been obtained. Failure to maintain required
insurance coverage shall result in termination of this Agreement.
14. Key Personnel Personnel, as provided in Exhibit "B", are considered "key" to the work
under this Agreement and will be available for the tens of the Agreement. No person designated
as key under this Agreement shall be removed replaced without prior written consent of
OCSD. •
15. Confidentiality and Non-Disclosure
15.1 Service Provider acknowledges that in performing the Services hereunder, OCSD may
have to disclose to Service Provider orally and in writing certain confidential information that
OCSD considers proprietary and has developed at great expense and effort.
W
15.2 Service Provider agrees to maintain in confidence and not disclose to any perMi frm,
or corporation, without OCSD's prior written consent, any trade secret or confidential
information, knowledge or dera relating to the products, process, or operation of OCSD.
15.3 Service Provider further agrees to maintain in confidence and not to disclose to any
person, firm, or corporation any data, information, technology, or material developed or obtained
by Service Provider during the term of this Agreement.
15.4 Service Provider agrees as follows: +
• To use the Confidential Information only for the purposes described herein; to not
reproduce the Confidential Information; to hold in confidence and protect the Confidential
Information from dissemination to and use by anyone not a party to this Agreement; and
to not use the Confidential Information to benefit itself or others.
• To restrict access to the Confidential Information to its Service Provider or personnel of
Service Provider who (1) have a need to have such access and (2) have been advised
of and have agreed in writing to treat such information in accordance with the terms of
this Agreement.
• To return all Confidential Information in Service Provider's possession upon termination
of this Agreement or upon OCSD's request, whichever occurs first.
• To hold in confidence information and materials, if any, developed pursuant to the
Services hereunder.
15.5 The provisions of this Section shall survive termination or expiration of this Agreement
and shall continue for so long as the material remains confidential.
16. Ownership of Intellectual Property
16.1 Service Provider agrees that all designs, plans, reports, specifications, drawings,
schematics, prototypes, models, inventions, and all other information and items made during the
course of this Agreement and arising from the Services (hereinafter referred to as "New
Developments") shall be and are assigned to OCSD as its sole and exclusive property.
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16.2 Service Provider agrees to promptly disclose to OCSD all such New Developments.
Upon OCSD's request, Service Provider agrees to assist OCSD, at OCSD's expense, to obtain
patents or copyrights for such New Developments, including the disclosure of all pertinent
information and data with respect thereto, the execution of all applications, specifications,
assignments, and all other instruments and papers which OCSD shall deem necessary to apply
for and to assign or convey to OCSD, its successors and assigns, the sole and exclusive right,
title and interest in such New Developments. Service Provider agrees to obtain or has obtained
written assurances from its employees and contract personnel of their agreement to the terms
hereof with regard to New Developments and Confidential Information.
16.3 Service Provider warrants that Service Provider has good title to any New
Developments, and the right to assign New Developments to OCSD free of any proprietary
rights of any other party or any other encumbrance whatever
16.4 The originals of all computations, drawings, designs, graphics, studies, reports, manuals,
photographs, videotapes, data, computer files, and other documents prepared or caused to be
prepared by Service Provider or its subcontractors in connection with these Services shall be
delivered to and shall become the exclusive property of OCSD. OCSgay utilize these
documents for OCSD applications on other projects or extensions of this pro at its own risk. _
am
17. No Solicitation of Employees Or Subcontractors t
17.1 Service Provider agrees that it shall not, during the term of this Agreement and for a
period of one (1) year immediately following termination of this Agreement, or any extension
hereof, call on, solicit, or take away any of the employees or subcontractors about whom
Service Provider became aware as a result of Service Provider's Services to OCSD.
17.2 Service Provider acknowledges that OCSD's employees are critical to its business.
Service Provider agrees not to employ or otherwise engage OCSD's employees or
subcontractors during the term of this Agreement and for a period of one (1) year following
termination of this Agreement. Should Service Provider violate this provision, Service Provider
will pay OCSD fifty percent (50%) of the former employee's annual salary which payment is in
addition to OCSD's rights and remedies.
18. Independent Contractor Capacity
18.1 The relationship of Service Provider to OCSD is that of an independent contractor and
nothing herein shall be construed as creating an employment or agency relationship.
18.2 Service Provider shall act independently and not as an officer or employee of OCSD.
OCSD assumes no liability for Service Provider's action and performance, nor assumes
responsibility for taxes, funds, payments or other commitments, implied or expressed, by or for
Service Provider.
18.3 Service Provider shall not be considered an agent of OCSD for any purpose whatsoever,
nor shall Service Provider have the right to, and shall not, commit OCSD to any agreement,
contract or undertaking. Service Provider shall not use OCSD's name in its promotional material
or for any advertising or publicity purposes without expressed written consent.
18.4 Service Provider shall not be entitled to any benefits accorded to those individuals listed
on OCSD's payroll as regular employees including, without limitation, worker's compensation,
disability insurance, vacation, holiday or sick pay. Service Provider shall be responsible for
providing, at Service Provider's expense, disability, worker's compensation or other insurance
as well as licenses and permits usual or necessary for conducting the Services hereunder.
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18.5 Service Provider shall be obligated to pay any and all applicable local, Federal and
federal payroll and other taxes incurred as a result of fees hereunder. Service Provider hereby
indemnifies OCSD for any claims, losses, costs, fees, liabilities, damages or penalties suffered
by OCSD arising out of Service Provider's breach of this provision.
18.6 Service Provider shall not be eligible to join or participate in any benefit plans offered to
those individuals listed on OCSD's payroll as regular employees. Service Provider shall remain
ineligible for such benefits or participation in such benefit plans even if a court later decides that
OCSD misclassified Service Provider for tax purposes.
19. Licenses, Permits Service Provider represents and warrants to OCSD that it has
obtained all licenses, permits, qualification and approvals of whatever nature that are legally
required to engage in this work. Any and all fees required by Federal, County, City and/or
municipal laws, codes and/or tariffs that pertain to work performed under the terms of
Agreement will be paid by Service Pro;#.
20. Service Provider's Representations In the performance of duties under this
Agreement, Service Provider shall adhere tq the highest fiduciary standard&,ethical practices
and standards of care and competence. Soiice Provider agrees to comply with all applicable _
Federal, Federal and local laws and regiMons.
21, Familiarity with Work By executing this Agreement, Service Provider warrmTts that: 1)
it has investigated the work to be performed; 2) it has investigated the site of the work and is
aware of all conditions there; and 3) it understands the facilities, difficulties and restrictions of
the work under thT'Agreement. Should Service Provider discover any latent or unknown
conditions materially differing from those inherent in the work or as represented by OCSD, it
shall immediately inform OCSD of this and shall not proceed, except at Service Provider's risk,
until written instructions are received from OCSD.
22. Right to Review Services, Facilities. Rd Records
22.1 OCSD reserves the right to review any portion of the Services performed by Service
Provider ur is Agreement, and Srwice Provider agrees to cooperate to the fullest extent
possible.
22.2 Service Provider shall furnish to OCSD such reports, statistical data, and other
information pertaining to Service Provider's Services as shall be reasonably required by OCSD
to carry out its rights and responsibilities under its agreements with its bondholders or
noteholders and any other agreement relating to the development of the project(s) and in
connection with the issuance of its official Federalments and other prospectuses with respect to
the offering, sale, and issuance of its bonds and other obligations.
22.3 The right of OCSD to review or approve drawings, specifications, procedures,
instructions, reports, test results, calculations, schedules, or other data that are developed by
Service Provider shall not relieve Service Provider of any obligation set forth herein.
23. Force Maieure Neither party shall be liable for delays caused by accident, flood, acts of
God, fire, labor trouble, war, acts of government or any other cause beyond its control, but said
party shall use reasonable efforts to minimize the extent of the delay. Work affected by a Force
Majeure condition may be rescheduled by mutual consent or may be eliminated from the
Agreement.
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24. Severability If any section, subsection, or provision of this Agreement, or any
agreement or instrument contemplated hereby, or the application of such section, subsection, or
provision is held invalid, the remainder of this Agreement or instrument in the application of such
section, subsection or provision to persons or circumstances other than those to which it is held
invalid, shall not be affected thereby, unless the effect of such invalidity shall be to substantially
frustrate the expectations of the Parties.
25. Breach The waiver of either parry of any breach or violation of, or default under, any
provision of this Agreement, shall not be deemed a continuing waiver by such party of any other
provision or of any subsequent breach or violation of this Agreement or default thereunder. Any
breach by Service Provider to which OCSD does not object shall not operate as a waiver of
OCSD's rights to seek remedies available to it for any subsequent breach.
Ilk26. Remedies In addition to other remedieavailall* law or equity, if the Service
Provider fails to make delivery of the goods or Services or repudiates its obligations under this
Agreement, or if OCSD rejects the goods or Services or revokes acceptance of the goods or
Services, OCSD may (1) cancel the Agreement; (2) recover whatever amount of the purchase
price OCSD has paid, and/or (3) "cover" by purchasing, or contracting to purchase, substitute
goods or Services for those due from Service Provider. In the event OCSD elects to "cover" as
described in (3), OCSD shall be entitled to recover from Service Provider as damages the
difference between the cost of the substitute goods or Servicese contract price, together
with any incidental or cons�ential damages. ��`
27. Govern�in Law This Agreement shall be gol ed by an r under the laws of
de the Feral of California and the Parties submit to jurisdiction in Orange County, in the event
any action is brought in connection with this Agreement or the performance thereof.
11
28. Attorney's Fees If any action at law or inequit r if any proceeding in the form of an
Alternative Dispute Resolution (ADR) is necessary to enforce or interpret the terms of this
Agreement, the prev4iling party shall be entitled to reasonable attorney's fees, costs and
necessary disbursements in addition to any other relief to which he may be entitled.
29. Dispute Resolution
29.1 In the event of a dispute as to the construction or interpretation of this Agreement, or
any rights or obligations hereunder, the Parties shall first attempt, in good faith, to resolve the
dispute by mediation. The Parties shall mutually select a mediator to facilitate the resolution of
the dispute. If the Parties are unable to agree on a mediator, the mediation shall be conducted
in accordance with the Commercial Mediation Rules of the American Arbitration Agreement,
through the alternate dispute resolution procedures of Judicial Arbitration through Mediation
Services of Orange County ("JAMS"), or any similar organization or entity conducting an
alternate dispute resolution process.
29.2 In the event the Parties are unable to timely resolve the dispute through mediation, the
issues in dispute shall be submitted to arbitration pursuant to California Code of Civil Procedure,
Part 3, Title 9, Sections 1280 at seq. For such purpose, an agreed arbitrator shall be selected,
or in the absence of agreement, each party shall select an arbitrator, and those two arbitrators
shall select a third. Discovery may be conducted in connection with the arbitration proceeding
pursuant to California Code of Civil Procedure Section 1283.05. The arbitrator, or three
arbitrators acting as a board, shall take such evidence and make such investigation as deemed
appropriate and shall render a written decision on the matter in question. The arbitrator shall
decide each and every dispute in accordance with the laws of the Federal of California. The
arbitrator's decision and award shall be subject to review for errors of fact or law in the Superior
Court for the County of Orange, with a right of appeal from any judgment issued therein.
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30. Damage to OCSD's Property Any OCSD property damaged by Service Provider will be
subject to repair or replacement by Service Provider at no cost to OCSD.
31. Safety and Accident Prevention
31.1 Personal Protective Equipment: OCSD requires, safety glasses, long pants,
shirts and appropriate footwear be worn on the plant processing areas and OCSD
jobsites. In addition, hard hats and enclosed-foot shoes are required on all construction
sites and where posted. Other personal protective equipment is required where posted
or required by regulation. Face shields and safety glasses shall also be required to be
worn when working around pressured chemical systems at connections,
disconnections, adjustments and observations. Lack of safety equipment or failure to
use safety equipment will be cause for termination of the Agreement.
31.2 Plant Speed Limits: The posted speed limit is 1 5 miles per hour. Violators
posted speed limit may have their vehicle banned from the site.
32. Freight (F.O.B. Destination) Service Provider assumes full responsibility for a
transportation, transportation scheduling, packing, handling, insurance, and other services
associated with delivery of all products deemed necessary under this Agreement.
r "
33. Assignments Service Provider shall not delegate any duties nor assign any rights
under this Agreement without the prior written consent of OCSD. Any such attempted
delegation or assignment shall be void.
34. Conflict of Interest and Reporting
34.1 Service Provider shall at all times avoid confli4erest or appearance of conflict of
interest in performance of this Agreement.
34.2 Service Provider affirms that to the best of its knowledge there exists no actual or
potential conflict between Service Provider's families, business or financial interest or its
Services under this Agreement, and M the event of change in either its private interests or
Services under this Agreement, it will raise with OCSD any question regarding possible conflict
of interest which may arise as a result of such change.
35. Third Party Rights Nothing in this Agreement shall be construed to give any rights or
benefits to anyone other than OCSD and Service Provider.
36. Authority to Execute The persons executing this Agreement on behalf of the Parties
warrant that they are duly authorized to execute this Agreement and that by executing this
Agreement, the Parties are formally bound.
37. Read and Understood By signing this Agreement, Service Provider represents that he
has read and understood the terms and conditions of the Agreement.
36. Entire Agreement This Agreement constitutes the entire agreement of the Parties and
supersedes all prior written or oral and all contemporaneous oral agreements, understandings,
and negotiations between the Parties with respect to the subject matter hereof.
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39. Notices All notices under this Agreement must be in writing. Written notice shall be
sent by registered or certified mail, postage prepaid, return receipt requested, or by any other
overnight delivery service which delivers to the noticed destination and provides proof of
delivery to the sender. Any facsimile notice must be followed within three (3) days by written
notice. All notices shall be effective when first received at the following addresses:
OCSD: Clarice M. Marcin
Senior Contracts Administrator
Orange County Sanitation District
10844 Ellis Avenue
Fountain Valley, CA 92708-7018
Service Provider: ENS Resources Inc.
IN WITNESS WHEREOF, the Parties hereto have hereunto set their han h yea
indicated below
.
COUNTY SANI
Dated: By:
Chair Board of Directors
17
Dated: B
N
c of the Board
Dated: By:
Contracts/Purchasing Manager
ENS RESOURCES INC.
Dated: By:
Print Name and Title of Officer
IRS Employer's I.D. Number
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STEERING COMMITTEE Meng Dare To ad.of Di,
0 ed22,13 --
AGENDA REPORT Item Number Item Number
3
Orange County Sanitation District
FROM: James D. Herberg, General Manager
Originator: Nick Kanetis, Director of Engineering
SUBJECT: COST RECOVERY FOR URBAN RUNOFF FLOWS
GENERAL MANAGER'S RECOMMENDATION
Information Only.
SUMMARY
Since 1999, The Orange County Sanitation District (OCSD), as a part of a county-wide regional
effort, has been accepting, treating, and properly disposing of bacterial laden urban runoff from
several coastal watersheds in Orange County to reduce bacterial impacts on Orange County's
beaches. The effectiveness of this Urban Runoff Program has been demonstrated through an
observable and gradual decrease in the number of beach closures along Huntington State beach
and other city beaches. To date, the program continues to provide public health and environmental
protection for Orange County's coastal resources, while also providing an economic benefit to the
local economy by helping to keep its beaches open.
Due to increasingly strict receiving water quality standards, OCSD is receiving requests to accept
additional urban runoff discharges. On an annual basis, urban runoff discharges average 2 million
gallons per day (MGD); however, during the heaviest discharge months, the flows peak at 3.5
MGD. Proposed new urban runoff flows will result in average monthly flows of 4-6 MGD. Under the
current Urban Runoff Policy, Resolution No. 01-07, all permit holders will pay for all treatment costs
when the monthly average flow from urban runoff permits exceeds 4 MGD. The flows from these
proposed diversions would trigger the collection of wastewater treatment charges for the first time
since inception of the urban runoff program. Concurrently, the Board of Directors requested action
to amend the Urban Runoff Policy.
As part of the 2010 and 2011 Strategic Plan initiatives, staff was directed to seek cost recovery for
Urban Runoff discharges. In response to the Strategic Plan, OCSD staff have met with the
participating cities and agencies to explain the issues and costs associated with the current Urban
Runoff Diversion Program. OCSD staff discussed cost sharing among the Municipal Separate
Stormwater Sewer Systems (MS4) National Pollutant Discharge Elimination System (NPDES)
permit members, and with OC Watersheds, the lead agency for Orange County's NPDES
Stormwater permit. The conclusion of these discussions was that: (1) OC Watersheds doesn't
have the legal authority to impose fees; therefore, a mechanism for equitably allocating the costs to
the MS4 members did not appear feasible through the regulatory scope of that agency; and (2)the
diversions proposed by MS4 NPDES permittees are for pollutants (mainly bacteria and selenium)
that are not readily treatable by conventional stormwater best management practices.
Based on conversations with stakeholders, staff has developed alternatives to the current
resolution to share the cost between OCSD and the permit holders. The alternatives provide relief
for the first 4-6 MGD of urban runoff discharges, but modifies the resolution to institute a user
charge provision for flows above the 4-6 MGD threshold to recover some of the treatment costs.
Page 1 of 5
The charges would be applicable only to those flows above 4-6 MGD. Charges would be based
upon flow and strength (Biochemical Oxygen Demand (BOD)) and Suspended Solids (SS). Costs
would be divided among all permittees based upon their proportional contribution to the total flow.
PRIOR COMMITTEEIBOARD ACTIONS
November 2011 —Adopted the updated Strategic Plan which reiterates the desire for cost recovery
for urban runoff flows. Direction is given to negotiate with the County of Orange as the MS4
NPDES permit holder.
November 2010 — Adopted the updated Strategic Plan which included a new goal, the full-cost
recovery for the urban runoff flows.
March 2001 — Adopted Resolution No. 01-07 Establishing Dry Weather Urban Runoff
Policy.
ADDITIONAL INFORMATION
Since 1999, OCSD has treated a total of 7.0 billion gallons of dry-weather urban runoff from the
City of Huntington Beach, Orange County Public Works, City of Newport Beach, Irvine Ranch
Water District, and The Irvine Company. The total cost for treatment of these flows has reached
$5.9 million during this period. OCSD will continue to receive between 500 and 700 million gallons
per year if current discharge trends remain unchanged and no new diversion systems are added.
The urban runoff treatment cost for 2011-12 was $922,000 based upon the reported diversion of
640 million gallons. Treatment costs are projected to increase to $1,013,000 for fiscal year 2012-
13 if the diversion flows remain at that level.
Five additional urban runoff diversions have been proposed to deal with bacteria and selenium
loading to the Newport Back Bay Watershed: Peters Canyon in the City of Irvine, Big Canyon
Wash in the City of Newport Beach, and the Delhi, Santa Fe, and Lane flood control channels in
the City of Santa Ana.
Pursuant to OCSD's Dry-Weather Urban Runoff Policy (Resolution No. 01-07), no fees or charges
shall be imposed until the accumulative discharge of urban runoff from all sources exceeds 4 MGD
in any one month. However, when the discharge surpasses 4 MGD, the current resolution imposes
operation and maintenance fees to cover the cost of treating the entire flow, along with any related
administrative costs. The discharge from the additional five proposed diversions combined with the
existing diversion flows will exceed the 4 MGD payment threshold. At present, Urban Runoff
permit holders include: City of Huntington Beach, Irvine Ranch Water District, the Irvine Company,
and Orange County Public Works. The permitting process for the Newport Dunes diversion has
been initiated with the City of Newport Beach, and this permit is expected to be issued shortly.
Proceeding with this initiative, staff has:
A. Presented the preliminary Urban Runoff Cost Recovery Plan to the County of Orange NPDES
Technical Advisory Committee (TAC). Staff met with the TAC on two additional occasions to
update them on the cost recovery issue including the proposed options, document their
suggested changes to the rate structure, and to inform the group of the plan to take this item to
the OCSD Board for consideration.
B. Met with the following County of Orange representatives at OC Watersheds:
Senior water quality engineer- OC Watersheds
Manager- Environmental Resources -OC Watersheds
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Manager-OC Public Works -OC Engineering, Flood Control
Manager-OC Watersheds
C. Met with City of Newport Beach assistant city engineer and the City of Huntington Beach
environmental engineer.
D. Drafted a revised Urban Runoff Policy to replace Resolution No 01-07. The revised document
eliminates all language referring to waiving fees and charges, and it establishes provisions for
levying a permit application fee and various use charges (revised draft may need further
revisions based upon the Board's direction).
E. Met with the TAG subcommittee (representatives from Huntington Beach, Irvine, and Newport
Beach) to discuss the urban runoff rate structure options. Met with a representative from the
City of Santa Ana after the TAG subcommittee meeting.
F. Met with representatives from the City of Irvine and the Irvine Ranch Water District to discuss
the diversion of Peters Canyon.
OPTIONS FOR BOARD/COMMITTEE CONSIDERATION
Resolution No. 01-07 suggested that the Board of Directors would eventually consider imposing
costs for the urban runoff diversion flows. Consistent with OCSD's policy of Fair Share Cost
Recovery for Services Provided, it has been proposed that OCSD begin charging for the diversion
of urban runoff proportionate to the treatment costs for such flows. Without the incentive provided
by cost recovery, the urban runoff permittees have less motivation to minimize or eliminate dry
weather flows. Once essentially free sewer disposal is off-the-table, more stringent practices and
strategies, such as managed diversion pumping regimes, stormwater system improvements aimed
at controlling infiltration, or wetlands restoration and enhancement, might become viable
alternatives for controlling bacterial levels and pollutant contamination in Orange County's
recreational waters.
OCSD staff has formulated three options to implement cost recovery for Urban Runoff discharges,
and a fourth option was suggested by the Orange County NPDES Technical Advisory Committee
(TAC). The four options are:
Option 1: Maintain Resolution No. 01-07 (Status Quo)
Option No. 1 would maintain the existing waiver of sewer use charges for all costs below the 4
MGD threshold, but would charge the permittees for the entire flow volume, including the initial 4
MGD, if the threshold were exceeded. This option requires no changes to Resolution No. 01-07.
The addition of Urban Runoff Use Charge language to the fee Ordinance is advised.
Option 2: Cancel Urban Runoff Cost Recovery Completely
Option No. 2 would remove all requirements for permittees to pay any treatment costs from the
Urban Runoff Program. This option would require modifications to Resolution No. 01-07.
Option 3: Beam Cost Recovery for Flows Above 4 MGD on a Proportional Basis
Option No. 3 would waive all costs below the 4 MGD threshold, but would proportionally charge
the permittees a use charge based upon flow, Biochemical Oxygen Demand (BOD), and
Suspended Solids (SS) for flows above the 4 MGD threshold monthly average. This option would
require the Board of Directors to repeal and replace Resolution 01-07.
Page 3 of 5
The Orange County NPDES TAC formally supported Option 2 above; but as an alternative, it is
requesting OCSD's Board of Directors consider the following proposal and modifications to the
urban runoff cost recovery rate structure:
Option 4: Change the Threshold for charges to begin at 6 MGD
This proposal, offered by the TAC, recognizes the merit of Option No. 3 above, but requests
increasing the threshold from 4 MGD to 6 MGD.
Regardless which proposal the Board ultimately chooses to advance, the TAC supports the
following Urban Runoff Policy modifications:
• Increase the 4 MGD cost recovery threshold to 6 MGD.
• Change the average flow calculation method for the threshold from monthly to yearly
(this essentially allows the permittees to manage flows on an annual basis to avoid all
treatment charges).
• Stipulate that charges be applied to the flows over the threshold and not retroactively
applied to the flows from the first gallon to the threshold amount (OCSD would assume
the cost of treating all flows up to the threshold amount).
OCSD staff recommends that all options retain the daily 10 MGD cap on Urban Runoff
discharges.
URBAN RUNOFF TREATMENT COST COMPARISON*
(Cost Estimates in Million Dollars per Year)
A—sre option Opt ion2 Option Option
Daily Perminees' PemiinttY Permintts' Permim—'
011ahm , OfSD's Cost Cos[ OCiD'i Ca9 Con OCSW' Ca9 Co. OCSD'i Cost Cast
0-4 MGD P2 0 P2 0 P2 0 0-2 0
4-6 MGD 0 2-3 2-3 0 2 0-1 2-3 0
610 MGD 0 3-5 3-5 0 2 1-3 3 0-2
'Cost projections based upon 2012 diversion discharge fici(FY 2012-13 Class I use charge rates)
Comparison Cost Analysis'
OCSD would cover$2,000,000 of Urban Runoff treatment costs up to the 4 MGD threshold under
options 1 and 3 based upon 2011-12 flow diversion numbers and sewer use rates. Under option
3, the permittees would collectively assume the treatment cost for up to 6 MGD (flows between
the 4 MGD threshold and the 10 MGD cap) at a potential annual cost of $3,000,000 allocated
according to the proportional contribution of each permittee. Under option 2, OCSD would
potentially incur the entire Urban Runoff treatment cost of$5,000,000 if diversion flows reach the
10 MGD cap. The entire cost of treatment for all Urban Runoff diversion flows shifts to the
permittees above 4 MGD under option 1.
6 MGD Threshold Cost Analysis'
OCSD would cover $3,000,000 of Urban Runoff treatment costs up to the 6 MGD threshold under
option 4. Under option 4, the permittees would collectively assume the treatment cost for up to 4
MGD (flows between the 6 MGD threshold and the 10 MGD cap) at a potential annual cost of
$2,000,000 allocated according to the proportional contribution of each permittee.
Page 4 of 5
Estimated Future Cost Under Current Policv"
The following table provides an estimated allocation of charges under the current policy based
upon actual 2012 diversion discharges plus the estimated flows from the proposed diversions if
the total of those five additional discharges reach their projected flow of 4 MGD. At this projected
diversion level, the average monthly discharge will likely exceed the 4 MGD threshold during six
months of the year.
CURENT POLICY ON ESTIMATED URBAN RUNOFF CHARGES"
(Estimated User Charges in Dollars per Year)
Huntington Beach Newport Beach IRWD OCPW Santa Ana OCSD
Option 1 367,395 32,606 536,261 339,737 679,103 711,078
% 10% 1% 21% 13% 2E% 28%
"Estimate based upon FY 2012-13 Class I use charge rates
CEQA
N/A
BUDGET/DELEGATION OF AUTHORITY COMPLIANCE
Depending on the outcome of the process, changes to the annual budget may be necessary to
cover increased or reduced costs for flow and strength of wastewater.
ATTACHMENTS
The following attachments) is included in hard copy and may also be viewed on-line at the OCSD website
(www.ocsd.com) with the complete agenda package and attachments:
e Urban Runoff Diversion Report (7 pages)
MS:JC:jb:gc
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b
Orange County Sanitation District
URBAN RUNOFF DIVERSION REPORT
BOARD STEERING COMMITTEE
May 22, 2013
Prepared by
Environmental Compliance Division
" I
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Supplemental Urban Runoff Questions
1. Where do urban runoff flows originate geographically? What upstream cities/areas
contribute to the diversions?
Orange County Public Works(OCPW)Santa Ana River Diversion
While the Santa Ana River watershed runs all the way to San Bernardino,due to the capture of the surface
water below Prado Dam for groundwater recharge,the majority of the flow reaching the OCPW diversion
originates downstream of the percolation basins near Anaheim Stadium. Cities contributing to the Santa Ana
River diversion include Anaheim,Garden Grove,Orange,Santa Ana, Fountain Valley, a tiny corner of Costa
Mesa, and by way of the Santiago Creek tributary,Villa Park and Tustin.
OCPW Greenville Channel Diversion
The Greenville Channel drains approximately 9.0 square(sq.) miles on the eastern side of the Santa Ana River.A
single tributary,the Fairview Channel,flows into Greenville Channel south of Adams Avenue and the system
terminates at the Santa Ana River south of Hamilton Avenue.This system provides flood protection to the cities
of Costa Mesa and Santa Ana.
OCPW Huntington Beach Channel
The Huntington Beach channel Begins at Adams Avenue and ends at its confluence with Talbert Channel.Since
this diversion is located at the head of the channel,the only tributary to this diversion is the City of Huntington
Beach's local storm drain system that runs all the way to Ellis Avenue.All flows to this diversion originate within
Huntington Beach.
OCPW Talbert Channel Diversion
The Talbert Channel drains approximately 13.3 sq.miles on the western side of the Santa Ana River.The Talbert
Channel ends at Brookhurst Street where it feeds into the restored Talbert Marsh wetlands. Initially
constructed by early settlers to make the land usable for agriculture,the flood channels were re-engineered in
the late 1950's to contain 65%of a 25 year flood. In 1990,steel sheet piles were installed to meet the 100 year
flood standard.This system,which includes the Fountain Valley Channel tributary, provides flood protection to
the cities of Huntington Beach and Fountain Valley.
Huntington Beach Diversions
All eleven Huntington Beach (HB) diversions are linked to a local storm drain system.With the exception of the
1s`Street diversion,these systems are adjacent to either a county flood channel or the Santa Ana River where
they discharge during wet weather. Flows for all the HB diversions originate within Huntington Beach.
Irvine Ranch Water District IIRWD)Diversions
The two IRWD diversions, Los Trances Canyon and Muddy Canyon,are both natural creeks that originate in the
San Joaquin Hills just southwest of Highway 73. Los Trances drains approximately 2.2 sq. miles and terminates in
the Pacific Ocean at Crystal Cove. Farther south, Muddy Canyon drains approximately 1.7 sq. miles and
terminates in the Pacific Ocean at El Morro. Both diversion structures are located on the inland side of Pacific
Coast Highway.All flows to these two diversions originate within the area annexed by the City of Newport
Beach in 2002.While these watersheds now reside within Newport Beach, both of these diversions are
regulated through permits issued to IRWD,the agency that owns and maintains the structures.
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Newport Beach-Dunes Diversion
The Newport Beach-Dunes diversion is located off of Back Bay Drive at Jamboree Road on the southwest
corner of the Hyatt Resort.The storm drain system flows into the Newport Dunes swimmer's area adjacent to
the foot bridge. In addition to several local storm drain systems,the diversion is fed by the overflow from a golf
course lake. Flows to this diversion originate within Newport Beach.
The Irvine Company-Pelican Point Diversion
The Pelican Point diversion, located on The Pelican Hill Golf Club's Ocean South Course, is bordered by the
Pacific Coast Highway to the northeast, and Crystal Cove State Park to the southwest.This subwatershed drains
approximately 0.2 sq.miles.The outlet of the storm drain is on the southeast corner of the golf course under a
Crystal Cove State Park foot bridge.The outlet runs a short distance through a canyon and flows over the beach
and into the Irvine Coast Area of Special Biological Significance. Flows to this diversion originate within Newport
Beach.
2. What sources contribute to the diversion flows?
The dry weather diversion flows originate from rising groundwater,shallow groundwater seepage,well
development and purging,and limited urban runoff contributions.The flow source that predominates at each
diversion depends on the particular location. Subterranean seepage appears amplified due to tidal action at
several of the HB diversions.
OCPW Santa Ana River Diversion
Direct sources of flow in the Santa Ana River include rising groundwater due to shallow bedrock, along with
intermittent well development and purging contributions. Indirect sources include groundwater seepage and
urban runoff from local storm system point sources located along the river and its main tributary,Santiago
Creek.
OCPW Greenville Channel Diversion
The predominant flow source is direct shallow groundwater seepage to the channel,or by way of the Fairview
Channel tributary.Other sources include groundwater seepage and urban runoff from local storm system point
sources located along the channel.
OCPW Huntington Beach Channel Diversion
The predominant flow source is shallow groundwater seepage from the local storm drain system.The storm
drain system that feeds this particular channel may be experiencing excessive infiltration due to the Orange
County Water District's Talbert Barrier Injection Program.This possibility is currently being investigated in
conjunction with Orange County Water District hydrologists.
OCPW Talbert Channel Diversion
The predominant flow source is direct shallow groundwater seepage to the channel,or by way of the Fountain
Valley Channel tributary.Other sources include groundwater seepage and urban runoff from local storm system
point sources located along the channel.
Huntington Beach Diversions
The dry weather flows to the HB diversion pump stations appear to originate primarily from subterranean
seepage into the storm drain system,with a minor contribution from urban runoff. Contributing factors include
infiltration into the storm drain system and the high water table in the vicinity of the county flood channels,or
along the Santa Ana River in the case of the Meredith diversion.The areas adjacent to the flood channel,where
the local storm drain systems reside,are inherently impacted by leakage from the channels into the surrounding
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permeable soil.The continuous pumping of the storm drain diversions to the sewer perpetuates this channel
leakage by causing a localized zone of depression around the storm drain system which enhances the
groundwater flow by creating a path of least resistance. In addition,subterranean seepage appears amplified
due to tidal action at several of the FIB diversions, particularly the Atlanta, Newland, Banning,and Hamilton
diversions.
IRWD Diversions
The two canyons that terminate at the IRWD diversions(Los Trancos Canyon and Muddy Canyon)extend from
the coastline to near Signal Peak,an elevation of 1,164 feet.These canyons are relatively deep and thus
intercept the water table contributing to groundwater seepage,the predominant flow source to these
diversions. Both canyons have experienced extensive residential (Los Trancos 34%residential, Muddy Canyon
21%residential) and commercial development,including a large golf course.This development has led to the
importation of recycled and potable water into the watersheds, particularly for landscape irrigation.This water
increases groundwater recharge significantly,which in turn increases groundwater seepage into the canyon
creeks.'
Newport Beach-Dunes Diversion
In this subwatershed, groundwater seepage and urban runoff from the local storm drain systems and the
overflow of the golf course lake are the predominant sources of flow for this diversion. Irrigation of residential
lawns and commons,golf courses,and the major landscape areas around the Hyatt Resort and along Jamboree
Road all contribute to groundwater recharge which leads to this subterranean seepage. Landscape irrigation
and resort maintenance may lead to some surface runoff to the storm drain system as well.
The Irvine Company-Pelican Point Diversion
The land use in this relatively small subwatershed includes a gated community consisting of 55 single family
residences,surface streets,a golf course,and some heavily landscaped common areas. Runoff is directed by a
storm drain system consisting of area drains from the residential lots,street inlets, and drainage grates on the
golf course. The flow to this diversion is predominantly from seepage into the storm drain system as a result of
groundwater recharge due to the golf course irrigation with a smaller contribution by the residential
landscaping.
°Newport Coastal Seepage Study
3. What additional projects are being considered to the urban runoff program? What are the
estimated additional and combined flow rates?
Three proposed projects which have been gaining momentum recently are the Delhi Channel, Peters Canyon, and
the Big Canyon Wash. These proposed diversions are in response to the impacts these flows are having to the
Upper Newport Bay Ecological Reserve. The discharge for the Delhi Channel, Peters Canyon,and Big Canyon
Wash are estimated at 1.8, 1.4,and 0.1 million gallons per day(MGD) respectively. Combined,the flows from
these three proposed diversions will approach 3.3 MGD. Combined with the current urban runoff flow which can
reach 3.2 MGD during some months,OCSD is looking at a doubling of the diversion flow with an equivalent
increase in urban runoff treatment costs.
Santa Ana Delhi Channel
The Santa Ana Delhi Channel subwatershed encompasses 17 sq.miles and empties into the far northwestern
end of Upper Newport Bay.The subwatershed primarily includes urban land uses in the cities of Costa Mesa,
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Santa Ana, Irvine and Newport Beach.The channel is the second largest tributary to the Upper Newport Bay.
Dry weather fecal indicator bacteria(FIB)concentrations from the Santa Ana Delhi channel suggest that this
channel maybe impacting the water quality in the Bay.While FIB concentrations appear to increase
dramatically during wet weather,during dry weather,the Delhi FIB concentrations are markedly higher than the
other tributaries.
Peters Canyon Creek
Peters Canyon Creek,the largest tributary to the San Diego Creek,accounts for 27%,or approximately 41 sq.
miles,of the 154 total sq.miles of drainage in the Upper Newport Bay watershed. Based upon the similarity of
land use patterns in the San Diego Creek watershed, Peters Canyon watershed is approximately 50%urbanized,
15%agricultural,and 35%open space.3 Peters Canyon Wash,which collects selenium from selenium-laden
shallow groundwater, is the biggest contributor of selenium in the San Diego Creek watershed in dry weather.°
The Peters Canyon diversion project is proposing to add an additional 736 MGY of flow to OCSD's collection
system.Some of this flow is generated by three permanent roadway dewatering locations,two operated by the
City of Irvine and one operated by CalTrans.The project is expected to reduce the loading of selenium and
nitrogen to the Upper Newport Bay by 2581bs.and 70,0001bs. respectively.s
Big Canyon Wash
The Big Canyon Wash watershed is a small(<2 sq. miles)watershed tributary to Upper Newport Bay.The
watershed is highly developed(96%)with homes,commercial areas, a golf course,cemetery,and other urban
features.The 60-acre undeveloped lower portion of Big Canyon (Big Canyon Creek Nature Park)has been
identified by the Southern California Wetlands Recovery Project(SCWRP)as an important resource that is in
need of restoration.Selenium measured in water samples collected throughout the Nature Park and just
upstream of the park exceeded the California Toxics Rule(CTR)freshwater chronic criterion for selenium of 5
micrograms per liter(µg/L) under both wet and dry conditions.°
'Newport Bay Fecal Coliform Source Management Plan
'San Diego Creek Watershed Natural Treatment System Project
d Newport Bay Toxlcs TMDL
s Peters Canyon Channel Water Capture and Reuse Pipeline Proposal
6 Big Canyon Watershed Preliminary Selenium Source Tracking Studies
4. What happens if urban runoff flows aren't diverted to the sewer? Are there any regulatory
obligations, i.e. RWQCB or NPDES mandates, which specifically require diversion of urban runoff
to the sewer?
OCPW Diversions
Orange County Watersheds(OCW),the lead agency coordinating the county's NPDES permit efforts,considers
this diversion program essential for maintaining the quality of surtzone waters along Huntington Beach.
Furthermore,OCW believes urban runoff diversion to be the only recognized practically effective method by
which they can protect the coastline from the bacterial sources found in the Lower Santa Ana River drainage
areas. Orange County Watersheds sites the following directive,order,and grant stipulation in their request to
continue the diversions.
Section 13267 Directive: The Section 13267 Directive refers to the October 15, 1999 letter from the Santa Ana
Regional Water Quality Control Board (SARWQCB) in response to the summer 1999 beach closures along
Huntington Beach due to high surtzone bacteria concentrations. Citing authority from Section 13267 of the
California Water Code,the letter required the named agencies(County of Orange and cities of Huntington
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Beach,Costa Mesa, Fountain Valley,and Santa Ana)to submit"a plan to identify and control sources which may
be contributing to bacteria concentrations in urban runoff'from Talbert Channel, Lower Santa Ana River,and
Greenville Banning Channel, in order to minimize or prevent bacterial contamination and standards
exceedances along the Huntington Beach ocean front.
In response,the County of Orange as lead responsible agency submitted the"Summer 2000 ACTION Plan for
Huntington Beach Coastal Waters",which outlined the proposed structural program of dry weather urban
runoff diversion to the sanitary sewer system from storm drain system pump stations of the County and the City
of Huntington Beach and the three drainage channels cited in the directive.The County also outlined and
conducted a series of water quality investigations to better characterize and quantify the nature and source of
surfzone bacteria contamination,with emphasis on characterizing the contribution of dry weather urban runoff
from the subject channels.OCPW eventually completed four dry weather urban runoff diversions, Huntington
Beach Pump Station,Talbert Channel,Santa Ana River, and Greenville Banning Channel,essentially diverting dry
weather urban runoff from the Talbert—Lower Santa Ana River Watershed,an area of 16,575 acres.
SARWQCB Order No. 118-2009-0030-FINDINGS.Section I. POTENTIAL POLLUTANTS IN STORM WATER
RUNOFF/IMPACTS ON BENEFICIAL USES:34. During the summers of 1999 and 2000,a number of locations along
the Orange County coast exhibited elevated bacterial levels.Since then a number of studies have been
conducted that indicate that urban runoff,especially dry weather runoff, is a major contributing factor to the
Orange County coastal bacterial contamination problems.To address this bacterial problem,the permittees
currently divert dry weather low flows from some of these areas to the sanitary sewer.With the diversion of dry
weather flows to the sanitary sewer,there have been significant improvements in the beach water quality.A
number of studies have been conducted to determine the source of this microbial contamination and to
develop permanent remedial measures.These studies have not conclusively determined the sources or
solutions to this problem.
SARWQCB Order No. 118-2009-0030-PERMIT REQUIREMENTS,Section IV. RECEIVING WATER LIMITATIONS:
1. Discharges from the MS4s shall not cause or contribute to exceedances of receiving water quality standards
(designated beneficial uses and water quality objectives)for surface waters or groundwaters.
2.The DAMP (Drainage Area Management Plan)and its components shall be designed to achieve compliance
with receiving water limitations. It is expected that compliance with receiving water limitations will be achieved
through an iterative process and the application of increasingly more effective BMPs.The permittees shall
complywith Sections 111.2 and IVA ofthis orderthrough timely implementation of control measures and other
actions to reduce pollutants in urban runoff in accordance with the DAMP and other requirements of this order,
including any modifications thereto.
Grant Requirements-State Clean Beach Initiative Grant Agreement No.01-072-55-0:
A 2002 State Clean Beach Initiative grant of$999,999 was used to construct the subject diversion facilities.The
agreement stipulates in Exhibit E,Special Conditions that"the Project demonstrates the ability to produce
sustained benefits for 20 years" (1. Bond Terms)and that the County agrees to"properly staff,operate,and
maintain all portions of the Project during the Project's useful life",where failure to comply with this"shall be
considered a material breach and violation of this Agreement,and a nonexclusive remedy shall include
reimbursement by the Contractor(County)of all grant funds disbursed under this Agreement"
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Huntington Beach Diversions
The City of Huntington Beach (City)and the Orange County Public Works(OCPW)diversions were implemented
primarily due to the beach closures in 1999-2000,followed by Huntington State Beach's listing as impaired for
the indicator bacteria enterococcus. From their renewal application for the city's urban runoff permits:The City
of Huntington Beach is regulated by the Clean Water Act,section 402(p);40 CFR Parts 122, 123,and 124;
Porter-Cologne Water Quality Control Act(Division 7 of the California Water Code,section 13000);Water
Quality Control Plan for the Santa Ana River Basin (Basin Plan);California Toxics Rule(CTR);California Toxics
Rule Implementation Plan;and NPDES Permit, Order No. R8-2009-0030,CAS618030.The permit renewal
application goes on to state.To abide by the above-mentioned regulations,the City must put in controls to
reduce the discharge of pollutants to the maximum extent practicable, including management practices,control
techniques and system, design and engineering methods,and such other provisions as the Administrator or the
State determines appropriate for the control of such pollutants. Urban runoff collected at this pump station
may create a public health and/or environmental problem associated with the discharge of runoff directly into
the adjacent channel which discharges into the Pacific Ocean.
Irvine Ranch Water District/The Irvine Company Diversions
The Newport Coast Watershed discharges into two Areas of Special Biological Significance,the Newport Beach
(Robert E. Badham) Marine Life Refuge(ASBS No.32)and the Irvine Coast Marine Life Refuge(ASBS No. 33).The
Pelican Point, Los Trancos,and Muddy Canyon diversions were implemented in response to the Regional Water
Quality Control Board's Cease and Desist Order No.00-87,dated November 16,2000, prohibiting new
discharges of waste,including storm water and non-storm runoff,from developed regions into these areas.
Considering these subwatersheds now include significant development,all entities involved including The Irvine
Company, IRWD,the City of Newport,and the Regional Water Quality Control Board,deem these three
diversions essential for the protection of the beneficial uses and water quality objectives specified in California's
1997 Ocean Plan.
Newport Beach-Dunes Diversion
The Newport Dunes diversion started as a demonstration project after OCSD received a penalty(ACL#99-58)
from the Regional Water Quality Control Board (RWQCB)for a July 1998 sewage spill.OCSD agreed to spend
$40,000 of the$50,000 fine on a Supplemental Environmental Project in the City of Newport Beach (City).The
project proposed redirecting the bacteria polluted nuisance flows from a golf course lake and local storm drain
system that drain into the Newport Dunes Lagoon to the sanitary sewer system.After the RWQCB accepted the
proposal,the project proceeded through design and construction,with the diversion going on-line in 2001.
Newport Bay(Bay) is the second largest estuarine embayment in southern California.The Bay is made up of two
water bodies: 1)the Upper Bay,currently a high value estuary that contains a State Ecological Reserve;and 2)
the Lower Bay(commonly referred to as Newport Harbor),a regionally important recreational area where
thousands of people visit every year and take part in various recreational activities, including swimming and
boating. In 1986,the Santa Ana Regional Water Quality Control Board (Regional Board) identified and listed
Newport Bay(Lower and Upper) as a water quality limited receiving water body for pathogens in accordance
with Section 303(d)of the Federal Clean Water Act.7 Therefore,the City of Newport considers the Dunes
diversion essential for maintaining the beneficial uses and water quality ofthis heavily used recreational area.
7 Newport Bay Fecal Coliform Source Management Plan
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STEERING COMMITTEE Meeting Date ToBd.ofDir.
05/22/13 --
AGENDA REPORT Item Number Item Number
4
Orange County Sanitation District
FROM: James D. Herberg, General Manager
Originator: Nick Kanetis, Director of Engineering
Public Affairs Manager: Michael Gold
SUBJECT: LEGISLATIVE UPDATE
GENERAL MANAGER'S RECOMMENDATION
Information only.
SUMMARY
This report is the monthly legislative update that includes legislative and political
information from Washington, D.C. and Sacramento, lobbyists' activities, and other
information
ADDITIONAL INFORMATION
Federal Legislative Update
Legislative Advocate: Eric Sapirstein, ENS Resources
Congress and the White House began the arduous task of developing a fiscal year 2014
budget with the Administration's transmittal of its proposal to avoid a second round of
sequestration and provide Administrative agency budgets. Not surprisingly, the budget
request is a mixed bag of good and bad policy initiatives for Orange County Sanitation
District (OCSD). First, the Administration continues to support the SRF program. At the
same time, it is seeking authority to eliminate tax-exempt financing. Congress is now in
the process of reviewing the budget request as well as seeking a path to follow that will
avoid a collision over tax and spending priorities between the House and Senate.
Because of recent increases in the employment rate and more positive overall
economic recovery indications, the Administration announced that it would not require
an increase in the debt ceiling until later this fall. This means that a repeat of a debt limit
debate, tied to the federal budget making process, is likely to be avoided this summer.
This is a positive development. It means that the House and Senate spending
committees will be able to dedicate their energy to developing formal spending bills
without the distraction of a debt debate governing spending decisions in the fiscal year
2014 budget.
Page 1 of 9
USEPA Administrator Nominee Receives Confirmation Hearing
Gina McCarthy, the President's nominee to be USEPA Administrator, appeared before
the Senate Committee on Environment and Public Works for her formal confirmation
hearing. McCarthy was grilled over the agency's transparency related to the approval of
"dredge and fill" permits; however, she was not questioned much on the Administrations
climate change priorities. Instead, McCarthy emphasized the importance of developing
policies to address the challenges created by storm events and the need to work with
other agencies and the states to find solutions to advance the needs of the environment
and businesses.
After receiving more than 1,000 questions and providing responses to the committee,
Chairman Barbara Boxer announced that a committee vote to approve the nomination
would be scheduled for May 6. Her confirmation is expected. At the same time, Senator
Roy Blunt (R-MO) will maintain a "hold" on the nomination. Blunt is frustrated over the
agency's failure to state precisely when it would publish an Environmental Impact
Statement on a waterway project in his state. If a hold is actually triggered, it is unclear
when the nomination would proceed to floor debate and a vote. Until such time, Acting
Administrator Robert Perciasepe will continue in this role.
Fiscal Year 2014 Budget Continues SRF Program with Reduced Funding
USEPA's budget request is notable for the continuation of the SRF program. However,
the White House is seeking to reduce the funding by more than $400 million. Under the
proposal, wastewater project funding would be reduced to a little more than $1.0 billion.
The funding level has been hotly debated in Congress. Members of both parties have
expressed concern that the program is needlessly being reduced in light of the growing
number of mandates that impose additional treatment control costs on communities.
The Administration has also proposed eliminating the BEACH grants program and
rolling parts of it into general grants assistance.
The Administration is countering the criticism over funding reductions, citing its desire to
fund an infrastructure bank, re-establish a Build America Bonds type program (BAB),
and provide increased public private partnerships. However, it is important to highlight
these proposals are not directly supporting POTW needs. Instead, they would be open
to all public works projects. In the case of the bank, $40 billion would be dedicated to
transportation with the remaining $10 billion set-aside for a competitive grants and loan
programs.
Finally, the budget request also seeks to reduce the cash subsidies for a newly
reconstituted BAB program, reducing the cash subsidy from 35% to 28%. Additionally,
within its tax reform proposals, the White House is seeking to eliminate tax-exempt
bonding benefits to bond holders whose income tax rates are above 28%. These two
changes could effectively increase the costs of public borrowing in the form of higher
rates. During congressional hearings on the budget, Members on both sides of the aisle
questioned the value of such changes. They heard testimony from finance and local
government interests cite the fact that trillions of dollars have been invested in public
infrastructure over the past two decades because of tax-exempt bonds. They
Page 2 of 9
emphasized the fact that without the benefits of such financing tools, it is unclear that
local communities would have been able to fund local infrastructure.
The USEPA's budget reflects a reduced program funding, and places an emphasis the
on enhanced enforcement of permit compliance and targeted program activities related
to nutrient loading and stormwater controls.
The energy efficiency and alternative energy budget request that OCSD has relied upon
for its hydrogen technology refueling demonstration project receives strong support
maintaining current year funding in general. Should OCSD and its partners decide to
expand the project, it may be possible to pursue additional assistance.
Tax Reform
The matter of tax reform continues to dominate the policy agenda. As noted, the
Administration continues to pursue a grand bargain that would impose a significant
rewrite of the tax code. Many in Congress also endorse this effort, but with different
priorities. Irrespective of the objectives of tax reform proponents, the key issue of
concern for the OCSD involves revision to the availability and uses of tax-exempt
financing. Despite significant advocacy by cities, counties, states and individual trade
groups against the restriction on the use of such bonds, the Administration continues to
pursue a strategy to reduce benefits of the bonds to high-income investors (those in an
income tax bracket greater than 28%).
In tandem with this tax policy initiative, the Administration also seems to be implicitly
endorsing the availability public private partnerships as a means to bring about greater
investment in public works. As a result, proponents of legislation to eliminate the state
volume cap on the use of water-related tax-exempt private activity bonds (PABs)
continue to advocate. Under the concept, water PABs could be used without any
limitation to construct public-private ventures as well as private water-related
infrastructure.
Climate Resiliency Needs
While the Congress continues to avoid any discussion on climate change, the impact of
severe storm events and drought continue to attract congressional interest. To that end,
two bills have been introduced. The first bill, introduced by Representative Lois Capps
(D-CA), is a rewrite of legislation from last Congress. Under the Water Infrastructure
Resiliency and Sustainability Act of 2013 H( R.765 ), USEPA would be required to
implement a program to address infrastructure needs related to climate impacts. The
proposed grants program centers on water supply. However, provisions are provided to
support improved water quality at municipal utilities and ecosystem protection. Grant
assistance would be available on a 50% cost-shared basis. Funding is authorized at
$50 million per year for five years.
In the Senate, the WRDA rewrite, S. 601, contains a provision to provide $100 million in
study assistance to support work to address impacts from storm events and recommend
resiliency-related improvements at impacted infrastructure.
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Water Resources Development Act
Senator Boxer's WRDA rewrite, S. 601 Senate Report 113-13, goes to the Senate floor
on May 6 for a vote to proceed to debate. The Senator will introduce a substantially
revised bill. The amended bill will address the policy storm created by her bill's
provisions to mandate spending of Corps of Engineers program at level no less than the
prior year's level as well as proposals to impose penalties on federal agencies for failing
to review projects (EIS) in a timely manner. Without significant revisions to these
provisions, it unlikely the legislation will avoid a filibuster.
One item of direct interest to OCSD is S. 601's Title X. This title authorizes WIFIA.
However, because of a Congressional Budget Office analysis of the bill, CBO concluded
the legislation would trigger "pay-go", requiring a revenue off-set. The bill was revised to
avoid this challenge. Instead, the Senate will vote on a measure that authorizes WIFIA,
but provides that any WIFIA supported project would be precluded from using traditional
tax-exempt bonds. This means that the 51% of a WIFIA supported project's costs would
be required presumably to rely on taxable securities, raising the project's costs to
ratepayers. Boxer's staff indicates that when the bill goes to conference with the House,
they will seek a remedy.
The House Committee on Transportation and Infrastructure has not begun to draft a
WRDA. Committee chair Bill Shuster (R-PA) has stated that he intends to draft a bill
later this summer after the Senate approves S. 601.
Sunshine on Conflicts Act (H.R. 836)
As noted during the past month, our efforts to move legislation forward to address the
inequitable use of an income restriction test instead of a true conflict of interest test is
moving forward. Representative Miller's staff has been working aggressively to enlist
co-sponsors to H.R. 836. The effort appears to be working. In the past month, OCSD's
newest Member's, Alan Lowenthal, became a co-sponsor the bill.
In addition to Lowenthal, the bill now includes the support of a non-Californian, Howard
Coble (R-NC). Coble joins a number of Californians including: Dana Rohrabacher, Linda
Sanchez, Grace Napolitano, and Juan Vargas.
Alternative Energy and Water Quality
The energy water nexus continues to command a significant level of congressional
attention. The Senate Committee on Energy and Natural Resources has scheduled a
committee vote on the Shaheen-Portman energy efficiency legislation, the Energy
Savings and Industrial Competitiveness Act of 2013 (S.7610). We expect this bill to
move to the floor of the Senate. There is a companion measure in the House and these
bills could be reconciled and forwarded to the President for his signature. For OCSD,
the legislation could provide for additional support our alternative energy priorities as
well as any upgrades of technologies to reduce energy costs associated with water
quality treatment.
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State Legislative Update
Legislative Advocates: Christopher Townsend, Heather Dion and Casey Elliott,
Townsend Public Affairs
State Political Update
Throughout the month of April, the Legislature held numerous policy committee
hearings, considering the nearly 2,400 bills that were introduced in the 2013 session. As
the May Senate and Assembly policy and fiscal committee deadlines are approaching,
authors are attempting to advance their legislative priorities ahead of the May
31 Appropriations Committee deadline. Friday, May 3 was the deadline for policy
committees to hear and report to fiscal committees the bills with money attached. Here
are the upcoming deadlines:
• May 10 - deadline for policy committees to hear and report to the floor non-fiscal
bills introduced in their house;
• May 17 - deadline for policy committees to meet prior to June 3;
• May 24 — deadline for fiscal committees to hear and report to the floor bills
introduced in their house. It is also the last day for fiscal committees to meet prior
to June 3.
According to the California State Controller's Office, preliminary reports show the State
collected a net total of$12.473 billion in personal income taxes in April, bringing fiscal
year-to-date personal income tax revenues as of April 30 to $55.778 billion. This brings
California on track finish the fiscal year with a surplus of billions of dollars. According to
the Los Angeles Times, "State coffers contain about $4.5 billion more than expected in
personal income tax payments. Nearly $2.8 billion of it arrived April 17, the third-highest
single-day collection in California history, according to government figures." After years
of budget cuts and Governor Brown's voter approved tax hike in the 2012 election,
lawmakers and advocates are pressuring the Governor to restore money to programs
that were cut to close deficits. However, Governor Brown cautioned that there may not
be much cash to spread around after education funding requirements are met.
Governor Jerry Brown admitted that he will most likely not be able to reform the
California Environmental Quality Act (CEQA) this year. Brown said that CEQA will be
difficult for the Legislature to move forward as it is supported by key groups within the
Democratic Party, stating, "This is not something you get done in a year, but I believe
before I depart this stage we will see reform in CEQA:' However, Senate President Pro
Tem Darrell Steinberg disagreed with the Governor, stating that CEQA efforts are not
finished, and he is continually working hard to achieve efficient reform through SB 731.
A strong coalition of businesses, local government, and health groups are continuing
their push for the passage of a modernized and reformed CEQA bill.
ACWA recently gave feedback on the draft of a new handbook developed by the
Obama administration's Council on Environmental Quality in coordination with the
California Governor's Office of Planning and Research. The handbook, called "NEPA
Page 5 of 9
and CEQA: Integrating State and Federal Environmental Reviews," provides insight on
processes for performing a joint NEPA and CEQA review. It explores the duplications,
similarities and differences between the National Environmental Policy Act and the
California Environmental Quality Act.
ACWA supported the handbook's direction that federal agencies should have only one
lead agency for a project in order to ease the regulatory burden. Conversely, ACWA did
express concern regarding the handbook's framework for a Memorandum of
Understanding. The guidance provided by the MOU framework is intended to assist in
raising topics agencies should consider incorporating into their own MOUs. However,
ACWA stated that for many smaller water projects, developing an MOU would only add
to the time and cost of the project.
OCSD Legislation of Interest
AB 371 (Salas)
This bill is intended to address land application of biosolids in rural areas of Kern
County. The bill allows the County of Kern Board of Supervisors to ban the land
application of biosolids through an ordinance.
According to the California Association of Sanitation Agencies, "The type of ban which
Kern County has previously sought to enforce, and which could be authorized by AB
371, is in conflict with the Integrated Waste Management Act (IWMA), in conflict with the
regional welfare doctrine, and contrary to the overwhelming weight of scientific evidence
that land application of bio-solids is a safe and beneficial practice. This bill would
circumvent the legal process and establish a one-off rule for Kern County that has
already been rejected by the courts".
OCSD took an oppose position on the bill.
The bill is currently in the Committee on Local Government with an upcoming hearing
scheduled on Wednesday, May 81".
TPA has been advocating opposition AB 371. We have met with the Orange County
delegation to educate them about the bill, and we are also supporting CASA's efforts to
defeat the bill. TPA will be testifying at the May 8 hearing in opposition.
AB 690 (Campos)
Recently, the Assembly on Local Government Committee received overwhelming
opposition to AB 690, arguing that the bill would unfairly divert necessary property tax
revenues from districts. In response to the immense amount of opposition, the bill has
now been amended to be aligned with current law requiring local agencies' consent
prior to property tax revenue diversion for the creation of a Jobs and Infrastructure
District (JID) program.
Page 6 of 9
OCSD opposes this bill unless it is amended.
The bill is currently in the Assembly Committee on Local Government. The April
15 hearing was postponed by the Committee with no scheduled upcoming hearing.
SB 785 (Wolk)
The bill makes three substantive changes to current law: (1) Lowering, from $2.5 million
to $1 million, the value of projects that counties can construct using design-build; (2)
Eliminating the sunset dates that would have automatically repealed some statutes
authorizing the use of the design-build method; (3) Eliminates the cap on the number of
projects that the state can construct using the design-build method for specified types of
projects.
According to the California Legislative Analyst's Office, this bill is intended to "...rewrite
design-build statutes to eliminate inconsistencies in existing law and consolidate state
and local agencies' statutory authority to develop projects using design-build. By
consolidating statutes and creating more uniform requirements, SB 785 makes the state
laws governing the design-build method clearer, more flexible, and easier to use'.
OCSD supports this bill in concept and we are working with the author and CASA.
The bill is currently in the Senate Committee on Governance and Finance with a
hearing set on Wednesday, May 1.
SB 691 (Hancock)
This bill is intended to narrowly target one-day violations that affect great numbers of
individuals affected by air quality violation with higher civil penalties. Senator Hancock
stated that current single-day violations of air quality regulations that affect entire
communities lack adequate financial consequences. He also stated that having
adequate penalties for non-compliance is essential to protecting public health and
safety.
However, opponents of the bill stated that immensely increasing the penalties would
impose a penalty based simply on allegations of annoyance, whether or not the actual
emissions are harmful or in violation of an existing permit standard or requirement.
OCSD opposes this bill.
The bill is currently in the Senate Committee on Judiciary with an upcoming hearing
scheduled on Tuesday, May 7.
TPA is meeting with members of the Orange County delegation and members of the
Senate Judiciary Committee to express the OCSD's concems. TPA will testify at the
May 7f" hearing in opposition.
Page 7 of 9
Specific Activities of the Month:
• TPA met with OCSD Staff to review priority activities for the legislative session on
April 17;
• TPA attended a meeting with Michael Gold and Senator Bob Huff's District
Director, Tim Shaw, on April 17;
• TPA attended a meeting with Michael Gold and Senator Mimi Walters' District
Director, Martin Paine, on April 29;
• TPA will attend a meeting with Michael Gold and Assembly Member Allan
Mansoor's Chief of Staff, Chad Morgan, on May 6;
• TPA updated the Legislative Matrix for OCSD;
• TPA is continually monitoring legislation that could have any potential impact on
Orange County Sanitation District;
• TPA will attend meetings with Michael Gold for the CSDA Sacramento Advocacy
Days on May 14 and 15 with the legislative directors and/or chiefs of staff for the
follow elected officials:
o Meeting with Assembly Member Sharon Quirk-Silva and Legislative
Director, Gina Frisby: May 147 1:30 PM.
o Meeting with Senator Bob Huff's Legislative Director, Kelly Garman: May
14, 2:OOPM.
o Meeting with Assembly Member Travis Allen's Capitol Director, Ryan
Hanretty: May 14, 3:00 PM.
o Meeting with Senator Lou Correa's Chief of Staff, Amy Jenkins: May 14,
3:30 PM.
Grant Activity
As a follow-up to the Tire-derived grant, staff submitted in December, we completed all
the necessary paperwork and were notified that we qualified for the grant as a finalist.
OCSD is one of the finalists and will receive about $21,000 for landscape
improvements. The agreement was signed by the General Manager and we are moving
forward.
Currently staff is looking into the 2014 National Coastal Wetlands Conservation Grant
for eligibility. Staff is also looking at the Water Resources Development Act for grant
opportunities for ecosystem restoration near Plant 2 and in the Santa Ana River (near
the SARI line).
PRIOR COMMITTEE/BOARD ACTIONS
N/A
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CEQA
N/A
BUDGET / DELEGATION OF AUTHORITY COMPLIANCE
N/A
ATTACHMENTS
The following attachment(s) may be viewed on-line at the OCSD website (www.ocsd.com) with the
complete agenda package and attachments:
• Legislative Matrix— May 2013
Page 9 of 9
Return to Aaenda Report
OCSD Legislative Matrix
5/6/2013
A@9 (Peres D) Alternative fuel and vehicle technologies:funding programs.
Current Text: Introduced: 12/3/2012 ov euu
Introduced: 12/3/2012
Is Fiscal: Y
Location: 5/1/2013-A. NAT. RES.
2Year Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf. Enrolled [Vetoed Chaptered
Dead 1 list House 2nd House C
onc.
Calendar: 5/6/2013 1:30 p.m. -State Capitol, Room 447 ASSEMBLY NATURAL RESOURCES, CHESBRO,
Chair
Summary: Existing law establishes the Alternative and Renewable Fuel and Vehicle Technology
Program, administered by the State Energy Resources Conservation and Development Commission
(commission), to provide to specified entities, upon appropriation by the Legislature, grants, loans,
loan guarantees, revolving loans, or other appropriate measures, for the development and
deployment of Innovative technologies that would transform California's fuel and vehicle types to help
attain the state's climate change goals. Existing law specifies that only certain projects or programs
are eligible for funding, including block grants administered by public entities or not-for-profit
technology entities for multiple projects, education and program promotion within California, and
development of alternative and renewable fuel and vehicle technology centers. Existing law requires
the commission to develop and adopt an investment plan to determine priorities and opportunities for
the program. This bill would provide that the State Air Resources Board (state board), until January 1,
2024, has no authority to enforce any element of Its existing clean fuels outlet regulation or other
regulation that requires or has the effect of requiring any person to construct, operate, or provide
funding for the construction or operation of any publicly available hydrogen fueling station. The bill
would require the state board to aggregate and make available to the public, no later than January 1,
2014, and every two years thereafter, the number of vehicles that automobile manufacturers project
to be sold or leased, as reported to the state board. The bill would require the commission to allocate
$20 million each fiscal year, as specified, and up to $20 million each fiscal year thereafter, as specified,
for purposes of achieving a hydrogen fueling network sufficient to provide convenient fueling to vehicle
owners, and expand that network as necessary to support a growing market for vehicles requiring
hydrogen fuel, until there are at least 100 publicly available hydrogen fueling stations. The bill, on or
before December 31, 2015, and annually thereafter, would require the commission and the state
board to jointly review and report on the progress toward establishing a hydrogen fueling network
that provides the coverage and capacity to fuel vehicles requiring hydrogen fuel that are being placed
Into operation in the state, as specified. The bill would authorize the commission to design grants,
loan incentive programs, revolving loan programs, and other forms of financial assistance, as specified,
for purposes of assisting in the implementation of these provisions. The bill, no later than July 1, 2013,
would require the state board and air districts to jointly convene working groups to evaluate the
specified policies and goals of specified programs. This bill contains other related provisions and other
existing laws.
Position
Support
AB 21 (Aleio D) Safe Drinking Water Small Community Emergency Grant Fund.
Current Text:Amended: 2/14/2013 ni
Introduced: 12/3/2012
Last Amend: 2/14/2013
Is Fiscal: Y
Location: 4/10/2013-A. APPR. SUSPENSE FILE
2Year Desk Policy Fiscal Floor Desk Policy I Fiscal Floor Conf. Enrolled Vetoed Chaptered
Dead 1st House 2nd House Conic.
Summary: Existing law establishes the Safe Drinking Water State Revolving Fund, which is
continuously appropriated to the department for the provision of grants and revolving fund loans to
provide for the design and construction of projects for public water systems that will enable suppliers
to meet safe drinking water standards. Existing law requires the department to establish criteria to be
met for projects to be eligible for consideration for this funding. This bill would authorize the
department to assess a specified annual charge in lieu of interest on loans for water projects made
pursuant to the Safe Drinking Water State Revolving Fund, and deposit that money into the Safe
Drinking Water Small Community Emergency Grant Fund, which the bill would create in the State
Treasury. The bill would authorize the department to expend the money for grants for specified water
projects that serve disadvantaged and severely disadvantaged communities, thereby making an
appropriation.
Position
Page 1/18
AB 26 (Bonilla D) California Global Warming Solutions Act of 2006: Greenhouse Gas Reduction Fund.
Current Tent: Amended: 4/22/2013 ¢af n�mi
Introduced: 12/3/2012
Last Amend: 4/22/2013
Is Fiscal: Y
Location: 5/2/2013-A. APPR.
2Year Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf. Enrolled Vetoed Chaptered
Dead 1st House 2nd House Conc.
Summary: The California Global Warming Solutions Act of 2006 designates the State Air Resources
Board as the state agency charged with monitoring and regulating sources of emissions of
greenhouse gases. The act authorizes the state board to include the use of market-based compliance
mechanisms. Existing law requires all moneys, except for fines and penalties, collected by the state
board from the auction or sale of allowances as part of a market-based compliance mechanism to be
deposited in the Greenhouse Gas Reduction Fund and to be available upon appropriation by the
Legislature. Existing law requires the Department of Finance, in consultation with the state board and
any other relevant state agency, to develop, as specified, a 3-year investment plan for the moneys
deposited in the Greenhouse Gas Reduction Fund . This bill would require the 3-year investment plan
to allocate moneys consistent with additional statewide goals, as specified. The bill would require
projects involving construction, alteration, demolition, installation, repair, and maintena nce work paid
for in whole or in part from the Greenhouse Gas Reduction Fund to be considered public works as
defined. The bill would authorize moneys from the Greenhouse Gas Reduction Fund be made available
to the owner or operator of a refinery to perform maintenance work to reduce greenhouse gas
emissions if all maintenance work at the refinery related to reducing greenhouse gas emissions that
falls within an apprenticeable occupation, as defined, will be performed by skilled journeypersons, as
defined, and registered apprentices, as defined. This bill contains other related provisions.
Position
AS 29 (Williams D) Proposition 39: implementation.
Current Text: Amended: 4/23/2013 r:df titre
Introduced: 12/3/2012
Last Amend: 4/23/2013
Is Fiscal: Y
Location: 4/24/2013-A. U. &C.
2YeariDeski Poli Fiscal Floor Desk Policy Fiscal Floor Conf. Enrolled Vetoed Chaptered
Dead 1st House I 2nd House I Conc.
Summary: The California Clean Energy Jobs Act, an initiative approved by the voters at the November
6, 2012, statewide general election as Proposition 39, made changes to corporate income taxes and,
except as specified, provides for the transfer of$550,000,000 annually from the General Fund to the
Clean Energy Job Creation Fund for 5 fiscal years beginning with the 2013-14 fiscal year. Moneys in
the Clean Energy Job Creation Fund are available, upon appropriation by the Legislature, for purposes
of funding eligible projects that create jobs in California improving energy efficiency and expanding
clean energy generation. Existing law provides for allocation of these funds to public school facilities,
university and college facilities, other public buildings and facilities, as well as job training and
workforce development, and public-private partnerships, for eligible projects, as specified. This bill
would require the California Energy Commission to administer, in coordination with the Public Utilities
Commission, the Office of the President of the University of California, the Office of the Chancellor of
the California State University, and the Office of the Chancellor of the California Community Colleges,
grants, loans, or other financial assistance to the University of California, the California State
University, and the California Community Colleges for projects that create jobs In California by
reducing energy demand and consumption at eligible institutions. This bill contains other related
provisions.
Position
AB 32 (Perea D) Environmental quality: California Environmental Quality Act: record of proceedings.
Current Text: Amended: 3/18/2013 ¢af n�mi
Introduced: 12/3/2012
Last Amend: 3/18/2013
Is Fiscal: Y
Location: 5/1/2013-A. APPR. SUSPENSE FILE
2Yearl Deski Policy 11 Fiscal I Floorl Deski Policy I Fiscal I Floor Conf.I Enrolled I Vetoed I Chaptered
Book Page 58 Page 2l IS
Return b Aaenda Report
Dead 1 1st House 2nd House Conic. I
Summary: The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to
prepare, or cause to be prepared, and certify the completion of, an environmental impact report (EIR)
on a project that it proposes to carry out or approve that may have a significant effect on the
environment or to adopt a negative declaration if it finds that the project will not have that effect.
CEQA also requires a lead agency to prepare a mitigated negative declaration for a project that may
have a significant effect on the environment if revisions in the project would avoid or mitigate that
effect and there Is no substantial evidence that the project, as revised, would have a significant effect
on the environment. CEQA establishes a procedure for the preparation and certification of the record
of proceedings upon the filing of an action or proceeding challenging a lead agency's action on the
grounds of noncompliance with CEQA. This bill would require, until January 1, 2017, for specified
projects or upon the request of a project applicant and the consent of the lead agency, that the lead
agency among other things, prepare a record of proceedings concurrently with the preparation of
negative declarations, mitigated negative declarations, EIRs, or other environmental documents for
specified projects. Because the bill would require , for specified projects, a lead agency to prepare the
record of proceedings as provided, this bill would impose a state-mandated local program. This bill
contains other related provisions and other existing laws.
Position
AB 39 (,Sk nnet D) Proposition 39: implementation.
Current Text: Amended: 4/24/2013 eat ntm
Introduced: 12/3/2012
Last Amend: 4/24/2013
Is Fiscal:Y
Location: 4/29/2013-A. APPR.
2Year Desk I Policy Fiscal Floor Desk Policy F15cal Floor Conf. Enrolled Vetoed Chap[ere0
Deatl 1st House 2nd House Conic.
Summary:The California Clean Energy Jobs Act, an initiative approved by the voters as Proposition 39
at the November 6, 2012, statewide general election, made changes to corporate income taxes and,
except as specified, provides for the transfer of$550,000,000 annually from the General Fund to the
Clean Energy Job Creation Fund (Job Creation Fund) for 5 fiscal years beginning with the 2013-14
fiscal year. Moneys in the Job Creation Fund are available, upon appropriation by the Legislature, for
purposes of funding eligible projects that create jobs in California improving energy efficiency and
expanding clean energy generation. Existing law provides for the allocation of available funds to public
school facilities, university and college facilities, other public buildings and facilities, as well as job
training and workforce development, and public-private partnerships, for eligible projects, as specified.
Existing law establishes prescribed criteria that apply to all expenditures from the Job Creation Fund.
Existing law creates the Citizens Oversight Board with specified responsibilities relative to the review
of expenditures from the Job Creation Fund, including the submission of an evaluation to the
Legislature. This bill would require the State Energy Resources Conservation and Development
Commission (Energy Commission) to administer grants, loans, or other financial assistance to an
eligible institution, defined as a public school providing instruction in kindergarten or grades 1 to 12,
inclusive, or a community college, for the purpose of eligible projects, as defined, that create jobs in
California by reducing energy demand and consumption at eligible institutions, as defined. This bill
contains other related provisions.
Position
Support if
Amended
AB 114 (Sala s D) Proposition 39: implementation:workforce development.
Current Tent:Amended: 4/23/2013 oef r�
Introduced: 1/14/2013
Last Amend: 4/23/2013
Is Fiscal:Y
Location: 4/29/2013-A. APPR.
2Vear Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf. Enrolled Vetoed Chaptered
Dead 1st House 2nd House Canc.
Summary:The California Clean Energy Jobs Act, an initiative approved by the voters at the November
6, 2012, statewide general election as Proposition 39, made changes to corporate income taxes and,
except as specified, provides for the transfer of$550,000,000 annually from the General Fund to the
Clean Energy Job Creation Fund for 5 fiscal years beginning with the 2013-14 fiscal year. Moneys in
the Clean Energy Job Creation Fund are available, upon appropriation by the Legislature, for purposes
of funding eligible projects that create jobs In California, improving energy efficiency and expanding
clean energy generation. Existing law, among other things, provides for allocation of available funds to
Pap 3/19
job training and workforce development. This bill would require the Labor and Workforce Development
Agency, in consultation with specified entities, to develop and implement the Clean Energy Jobs and
Workforce Development Program to award grants to eligible entities, as defined, for projects to
provide job training on energy efficiency and clean energy projects that serve low-income or
unemployed residents of economically disadvantaged communities . The bill would require the agency,
after the first year of program implementation, to review and assess the effectiveness of the program,
identify problems and barriers to achieving the workforce development goals of the act, and develop
solutions to improve program performance. The bill would, for each fiscal year in which revenue is
deposited into the fund , make available 9.6% of the revenue, upon appropriation by the Legislature,
to the agency for the purposes of providing to eligible entities grants .
Position
Watch
AB15 (Bonilla D) California Global Warming Solutions Act of 2006: offsets.
Current Text: Amended: 4/8/2013 mL ptml
Introduced: 1/18/2013
Last Amend: 4/8/2013
Is Fiscal: Y
Location: 4/30/2013-A. APPR.
2Year Desk Policy F Fiscal Floor Desk Policy Fiscal loor Conf. Enrolled Vetoed Cha p[ered
1 Dead 1st House 2nd House Conc.
Summary: The California Global Warming Solutions Act of 2006 requires the State Air Resources Board
to adopt regulations to require the reporting and verification of emissions of greenhouse gases and to
monitor and enforce compliance with the reporting and verification program, and requires the state
board to adopt a statewide greenhouse gas emissions limit equivalent to the statewide greenhouse
gas emissions level in 1990 to be achieved by 2020. The act requires the state board to adopt rules
and regulations in an open public process to achieve the maximum technologically feasible and cost-
effective greenhouse gas emission reductions. The act authorizes the state board to include the use
of market-based compliance mechanisms. This bill, if the state board uses its authority to include the
use of market-based compliance mechanisms, would require the state board, on or before January 1,
2015 , to adopt a specified process for the review and consideration of new offset protocols and,
commencing in 2014 and continuing annually thereafter, use that process to review and consider new
offset protocols. The bill would require the state board to adopt guidelines and incentives that
prioritize the approval of specified offset protocols. The bill would require the state board to submit a
specified annual report to the Legislature.
Position
AB I94 (Campos D) Open meetings: protections for public criticism: penalties for violations.
Current Text: Introduced: 1/28/2013 c9L nsm
Introduced; 1/28/2013
Is Fiscal: Y
Location: 2/7/2013-A. L. GOV.
2Year Deski Poll Fiscal Floor Desk Policy Fiscal Floor Conf. Enrolled Vetoed Cha ptered
Dead 1st House 2nd House Conc.
Summary: The Ralph M. Brown Act requires, with specified exceptions, that all meetings of a
legislative body of a local agency, as those terms are defined, be open and public and that all persons
be permitted to attend and participate. The act prohibits a legislative body of a local agency from
preventing public criticism of the policies, procedures, programs, or services of the agency, or of the
acts or omissions of the legislative body, as specified. This bill would make it a misdemeanor for a
member of a legislative body, while acting as the chairperson of a legislative body of a local agency, to
prohibit public criticism protected under the act. This bill would authorize a district attorney or any
interested person to commence an action for the purpose of obtaining a judicial determination that an
action taken by a legislative body of a local agency in violation of the protection for public criticism is
null and void, as specified. This bill contains other related provisions and other existing laws.
Position
Oppose
AB 371 (Sala s D) Sewage sludge: Kern County.
Current Text: Amended: 3/19/2013 opl ptml
Introduced: 2/14/2013
Last Amend: 3/19/2013
Is Fiscal: N
Location: 4/2/2013-A. L. GOV.
Book Page 60 Page 4l 18
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2Year Desk Poll Fiscal Floor Desk Policy Fiscal Floorl Conf. I Enrolled I Vetoed I Chaptered
Dead 1st House 2nd House Conc.
Calendar: 5/8/2013 130 p.m. -State Capitol, Room 127 ASSEMBLY LOCAL
GOVERNMENT, ACHADJIAN, Chair
Summary: Existing law requires the State Water Resources Control Board or a California regional
water quality control board, upon receipt of an application for waste discharge requirements for
discharge of dewatered, treated, or chemically fixed sewage or other biological solids, to prescribe
general waste discharge requirements for that sludge or those other solids. The California Integrated
Waste Management Act of 1989, establishes an integrated waste management program that includes
the regulation of solid waste disposal and solid waste facilities, and defines solid waste to include
dewatered, treated, and chemically fixed sewage sludge that is not a hazardous waste. This bill would
authorize the Kern County Board of Supervisors, upon a majority vote, to regulate or prohibit by
ordinance, in a manner more stringent than state or federal law and in a nondiscriminatory manner,
the land application of sewage sludge in unincorporated areas in the jurisdiction of the county, as
prescribed. This bill contains other related provisions.
Position
Oppose
AB 41fi (Gordon D) State Air Resources Board: Local Emission Reduction Program.
Current Text:Amended: 4/4/2013 Per n�mi
Introduced: 2/15/2013
Last Amend: 4/4/2013
Is Fiscal: Y
Location: 5/1/2013-A. APPR. SUSPENSE FILE
2Year Desk Policy Flscal Floorl Desk Policy Fiscal Floor Conf. Enrolled Vetoed Chaptered
Dead 1st House 2nd House Conc.
Summary: Existing law designates the State Air Resources Board as the state agency with the
primary responsibility for the control of vehicular air pollution and air pollution control districts and air
quality management districts with the primary responsibility for the control of air pollution from all
sources other than vehicular sources. This bill would create the Local Emission Reduction Program and
would require money to be available from the General Fund, upon appropriation by the Legislature, for
purposes of providing grants and other financial assistance to develop and implement greenhouse
gas emissions reduction projects in the state. The bill would require the state board, in coordination
with the Strategic Growth Council, to administer the program, as specified. The bill would require the
Implementation of the program to be contingent on the appropriation of moneys by the Legislature, as
specified.
Position
Support
AB 42fr (Sales D) Water:water transfers: water right decrees.
Current Text:Amended: 4/23/2013 o f
Introduced: 2/15/2013
Last Amend: 4/23/2013
Is Fiscal: Y
Location: 4/30/2013-A. APPR.
2Year Desk Pollcy Fiscal Floorl Desk Policy Fiscal Floor Conf. Enrolletl Vetoed Chaptered
l Dead 1 1st House 2nd House Conc.
Summary: Existing law regulates water transfers and, among other things, allows a permittee or
licensee to temporarily change the point of diversion, place of use, or purpose of use due to a transfer
or exchange of water or water rights if the transfer would only involve the amount of water that
would have been consumptively used or stored by the permittee or licensee in the absence of the
proposed temporary change, would not injure any legal user of the water, and would not
unreasonably affect fish, wildlife, or other instream beneficial uses. Under existing law, any water right
determined under a court decree Issued after January 1, 1981, is transferable as specified. This bill
would eliminate the requirement that a court decree be Issued after January 1, 1981.
Position
AB43G (Jones-Sawye D) Inverse condemnation:comparative fault.
Current Text: Introduced: 2/15/2013 Psr hhtmi
Introduced: 2/15/2013
Is Fiscal: N
Location: 5/2/2013-A. JUD.
2Year Desk Policy FiSoaI�FlOor Desk Policy Fiscal Floor Conf. Enrolled Vetoed Chaptered
Page 5/IS
I Dead 1 1st House 2nd House I Conc.
Calendar: 5/7/2013 8 a.m. - State Capitol, Room 4202 ASSEMBLY JUDICIARY, WIECKOWSKI, Chair
Summary: Existing law prohibits the taking of private property without the payment of just
compensation and permits a person to maintain an action in inverse condemnation for the purpose of
obtaining compensation for a taking. Existing law applies the doctrine of comparative fault for the
purpose of apportioning responsibility and reducing damages to the extent a plaintiff is found partially
at fault. This bill would apply the doctrine of comparative fault to inverse condemnation actions and
would require a court or arbitrator to reduce the compensation paid to a plaintiff in an inverse
condemnation proceeding in direct proportion to his or her percentage of fault, if any, in the damaging
of property that constitutes a taking. This bill contains other related provisions and other existing
laws.
Position
Support
A9 515 (Dickinson D) Environmental quality: California Environmental Quality Act:judicial review.
Current Text: Amended: 3/11/2013 mt nwi
Introduced: 2/20/2013
Last Amend: 3/11/2013
Is Fiscal: Y
Location: 3/12/2013-A. IUD.
2Year 1 Desk Poli Fiscal Floor Desk Policy Fiscal Floor Conf. Enrolled Vetoed Chaptered
Dead 1st House 2nd House Conc.
Summary: The California Constitution vests the judicial power of the state in the Supreme Court, the
courts of appeal, and the superior courts. Existing law establishes a superior court of one or more
judges in each county and provides that the superior courts have original jurisdiction, except as
provided in the Constitution. Existing law requires the presiding judge of each superior court to
distribute the business of the court among the judges, and to prescribe the order of business, subject
to the rules of the Judicial Council. This bill would establish a CEQA compliance division of the superior
court in a county in which the Attorney General maintains an office and would vest the division with
original jurisdiction over actions of proceedings brought pursuant to CEQA and joined matters related
to land use and environmental laws. The bill would require the Judicial Council to adopt rules for
establishing, among other things, protocol to govern the administration and efficient operation of the
division , so that those judges assigned to the division will be able to hear and quickly resolve those
actions or proceedings. The bill would provide that decisions of the CEQA compliance division of the
superior court may be reviewed by way of a petition for an extraordinary writ . The bill would require
the CEQA compliance division to issue a preliminary decision before the opportunity for oral argument
Is granted. If the CEQA compliance division of the superior court finds that a determination of a public
agency violated CEQA, the bill would require the court's order to specify what action taken by the
public agency was in error and what specific action by the public agency is necessary to comply with
CEQA. The bill would prohibit an action or proceeding pursuant to CEQA from being brought unless the
alleged grounds of noncompliance were presented to the public agency with enough specificity that
the public agency could reasonably respond to the alleged violation. The bill would prohibit a person
from maintaining an action or proceeding pursuant to CEQA unless that person objected during the
administrative process with specificity as to how the public agency's response to the alleged violation
is inadequate . This bill contains other existing laws.
Position
AB 543 (Campo;: D) California Environmental Quality Act: translation.
Current Text: Amended: 4/22/2013 xyt cgm
Introduced: 2/20/2013
Last Amend: 4/22/2013
Is Fiscal: Y
Location: 5/2/2013-A. SECOND READING
2Yearl Deskl Policy Fiscal Floor Desk Policy Fiscal etoed Chap Floor Conf. Enrolled Vtered
Dead 1st House I 2nd House Conc.
Calendar: 5/6/2013 #103 ASSEMBLY ASSEMBLY SECOND READING FILE
Summary: Existing law, the California Environmental Quality Act, referred to as CEQA, requires a lead
agency, as defined, to prepare, or cause to be prepared, and certify the completion of, an
environmental impact report on a project that it proposes to carry out or approve that may have a
significant effect on the environment or to adopt a negative declaration if it finds that the project will
not have that effect. CEQA also requires a lead agency to prepare a mitigated negative declaration for
a project that may have a significant effect on the environment if revisions in the project would avoid
or mitigate that effect and there is no substantial evidence that the project, as revised, would have a
significant effect on the environment. This bill would require a lead agency to translate , as specified,
Book Page 62 Page 6 i 18
Return to Aael Report
certain notices required by the act and a summary of any negative declaration, mitigated negative
declaration, or environmental impact report when the impacted community has a substantial number
of non-English-speaking people, as defined. By requiring a lead agency to translate these notices and
documents, this bill would impose a state-mandated local program. This bill contains other related
provisions and other existing laws.
Position
Oppose Unless
Amended
AB 690 (Campos D) Jobs and infrastructure financing districts: voter approval.
Current Text: Amended: 4/9/2013 mr n�mi
Introduced: 2/21/2013
Last Amend:4/9/2013
Is Fiscal: Y
Location:4/10/2013-A. L. GOV.
2Year Desk Poll Fiscal Floor Desk Policy Fiscal Floor Conf. Enrolled Vetoed Chaptered
Dead 1st House 2nd House Conc.
Summary: Existing law authorizes a legislative body, as defined, to create an infrastructure financing
district, adopt an infrastructure financing plan, and issue bonds, for which only the district is liable, to
finance specified public facilities, upon approval by 2/3 of the voters. Existing law authorizes an
infrastructure financing district to fund infrastructure projects through tax increment financing,
pursuant to the infrastructure financing plan and agreement of affected taxing entities, as defined.
This bill would revise and recast the provisions governing infrastructure financing districts and instead
provide for the creation of jobs and infrastructure financing districts (JIDs) without voter approval ,
and would make various conforming changes . The bill would authorize a public financing authority to
enter into joint powers agreements with affected taxing entities with regard to nontaxing authority or
powers only. The bill would authorize a district to implement hazardous cleanup pursuant to the
Polanco Redevelopment Act, as specified. This bill Contains other existing laws.
Position
Oppose Unless
Amended
AB 7 2 (Mullin D) Local government: open meetings.
Current Text: Amended: 4/1/2013 Ptr nsmi
Introduced: 2/21/2013
Last Amend: 4/1/2013
Is Fiscal: N
Location: 4/8/2013-A. THIRD READING
2Year Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf. Enrolled Vetoed Chaptered
Dead I 1st House 2nd House Conc.
Calendar: 5/6/2013 #113 ASSEMBLY ASSEMBLY THIRD READING FILE
Summary:The Ralph M. Brown Act enables the legislative body of a local agency to call both regular
and special meetings. The act requires the legislative body of a local agency to post, at least 72 hours
before the meeting, an agenda containing a brief general description of each item of business to be
transacted or discussed at a regular meeting, in a location that is freely accessible to members of the
public, and to provide a notice containing similar information with respect to a special meeting at least
24 hours prior to the special meeting. The act requires that the agenda or notice be freely accessible
to members of the public, and be posted on the local agency's Internet Web site, if the local agency
has one. This bill, If the local agency is unable to post the agenda or notice on Its Internet Web site
because of software, hardware, or network services Impairment beyond the local agency's reasonable
control, would require the local agency to post the agenda or notice immediately upon resolution of
the technological problems. The bill would provide that the delay in posting, or the failure to post, the
agenda or notice would not preclude a local agency from conducting the meeting or taking action on
items of business, provided that the agency has complied with all other relevant requirements. This bill
contains other related provisions and other existing laws.
Position
Support
AB 794 (Goren R) Environmental quality: California Environmental Quality Act:exemption: use of landfill
and organic waste.
Current Text: Introduced: 2/21/2013 oar n�mi
Introduced: 2/21/2013
Is Fiscal: Y
Location: 3/4/2013-A. NAT. RES.
Pae7/I8
2Vear Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf. I Enrolled I Vetoed I Cha ptered
Deatl 1st House 2nd House Conc.
Summary: The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to
prepare, or cause to be prepared, and certify the completion of, an environmental impact report on a
project that it proposes to carry out or approve that may have a significant effect on the environment
or to adopt a negative declaration if it finds that the project will not have that effect. CEQA also
requires a lead agency to prepare a mitigated negative declaration for a project that may have a
significant effect on the environment if revisions in the project would avoid or mitigate that effect and
there is no substantial evidence that the project, as revised, would have a significant effect on the
environment. This bill would exempt from the requirements of CEQA a project that takes landfill
materials or organic waste and converts them into renewable green energy if the lead agency finds
that the project will result in a net reduction in greenhouse gas emissions or support sustainable
agriculture. The bill would exempt from the requirements of CEQA a project that uses biological
processes to convert organic waste streams into nonchemical soil fertility products that support
renewable and reusable cultivation and viability. Because a lead agency would be required to
determine whether a project is exempt under those provisions, this bill would impose a state-
mandated local program. This bill contains other related provisions and other existing laws.
Position
Support
AB 803 (Gomez D) Water Recycling Act of 2013.
Current Text: Amended: 4/22/2013 r�[ ptml
Introduced: 2/21/2013
Last Amend: 4/22/2013
Is Fiscal: Y
Location: 5/1/2013-A. APPR.
2Vear 1 Desk I Policy Fiscal Floor Desk Policy Fiscal Floor Conf. Enrolled Vetoed Chaptered
Dead 1st House 2nd House Conc.
Summary: Existing law requires the State Department of Public Health to establish uniform statewide
recycling criteria for each varying type of use of recycled water where the use Involves the protection
of public health. Existing regulations prescribe various requirements and prohibitions relating to
recycled This bill , the Water Recycling Act of 2013, would provide that this notification requirement
does not apply to an unauthorized discharge of effluent of treated sewage defined as recycled water,
as defined. This bill contains other related provisions and other existing laws.
Position
Support
AB SIB (Blumenfeld D) Air pollution control: penalties.
Current Text: Introduced: 2/21/2013 r f html
Introduced: 2/21/2013
Is Fiscal: N
Location: 4/25/2013-A. NAT. RES.
2Vear 1 Deski Poli Fiscal Floor Desk Policy Fiscal Floor Conf. Enrolled Vetoed Cha ptered
Dead 1st House 2nd House Conc.
Summary: Existing law designates the State Air Resources Board as the state agency charged with
coordinating efforts to attain and maintain ambient air quality standards. Existing law also designates
the state board as the state agency with the primary responsibility for the control of vehicular air
pollution and air pollution control districts and air quality management districts with the primary
responsibility for the control of air pollution from all sources other than vehicular sources. Existing law
requires specified civil penalties be assessed and recovered in a civil action for specified violations to
be brought by the Attorney General, by any district attorney, or by the attorney for any air pollution
control or air quality management district in which the violation occurs. Existing law requires, if the
action for civil penalties resulting from specified violations is brought by a district attorney or by an
attorney for a district, the entire amount of the penalty collected be paid to the treasurer of the
district on whose behalf judgment was entered. This bill would require any city attorney of a city
having a population in excess of 750,000, any city attorney of a city and county, or a city prosecutor in
any city with a full-time city prosecutor, with the consent of the district attorney, to recover specified
civil penalties in a civil action for specified violations. The bill would require, if the action for civil
penalties resulting from specified violations is brought by a district attorney, an attorney for a district,
a city attorney of a city having a population in excess of 750,000, a city attorney of a city and county,
or a city prosecutor in any city with a full-time city prosecutor, with the consent of the district attorney,
the entire amount of the penalty collected be paid to the treasurer of the city, county, or city and
county in addition to the district on whose behalf judgment was entered.
Position
Oppose
Book Page 64 Page 8l 18
Return to Aaenda Report
AS 95g (Ammano D) California Environmental Quality Act.
Current Tent: Introduced: 2/22/2013 nem
Introduced: 2/22/2013
Is Fiscal: Y
Location: 4/16/2013-A. APPR.
2)(earl Deski Policyl Fiscal Floor Desk Policy Fiscal Floor Conf. Enrolled Vetoed Chaptered
Dead 1st House 2nd House Conc.
Calendar: 5/8/2013 9 a.m. -State Capitol, Room 4202 ASSEMBLY APPROPRIATIONS, GATTO, Chair
Summary:The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to
prepare, or cause to be prepared, and certify the completion of, an environmental impact report (EIR)
on a project that it proposes to carry out or approve that may have a significant effect on the
environment or to adopt a negative declaration if it finds that the project will not have that effect.
CEQA also requires a lead agency to prepare a mitigated negative declaration for a project that may
have a significant effect on the environment if revisions in the project would avoid or mitigate that
effect and there is no substantial evidence that the project, as revised, would have a significant effect
on the environment CEQA defines "environment' and "significant effect on the environment' for Its
purposes. CEQA requires the EIR to include a detailed statement setting forth specified facts. This bill
would revise those definitions, as specified. This bill would additionally require the lead agency to
include in the EIR a detailed statement on any significant effects that may result from locating the
proposed project near, or attracting people to, existing or reasonably foreseeable natural hazards or
adverse environmental conditions. Because the lead agency would be required to undertake this
additional consideration, this bill would Impose a state-mandated local program. This bill contains
other related provisions and other existing laws.
Position
Ae 1M (Ouirk D) Water: water recycling technology.
Current Text: Introduced: 2/22/2013 per ami
Introduced: 2/22/2013
Is Fiscal: N
Location: 2/22/2013-A. PRINT
2Year Desk I Policy I Fiscal I Floor I Desk I Policy I Fiscal I Floor Conf. Enrolled I Vetoed I Chaptered
Dead I let
House 2nd House Conc.
Summary: Existing law provides that the Department of Water Resources operates the State Water
Project and exercises specified water planning functions. Existing law also requires the department to
update The California Water Plan, which is a plan for the conservation, development, and use of the
water resources of the state. Under existing law, various provisions regulate water recycling. This bill
would state the Intent of the Legislature to enact legislation to encourage the creation of new
technologies to further the use of recycled water In the state.
Position
AB 1140 (Daly D) Public works: prevailing wages.
Current Text:Amended: 3/19/2013 per n<mi
Introduced: 2/22/2013
Last Amend: 3/19/2013
Is Fiscal: Y
Location: 5/1/2013-A. APPR. SUSPENSE FILE
2Year Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf. Enrolled Vetoed Chaptered
Dead I 1st Xouse 2nd House I Conc. I
Summary: Existing law requires that, except as specified, not less than the general prevailing rate of
per diem wages, determined by the Director of Industrial Relations, be paid to workers employed on
public works projects. Existing law requires the body awarding a contract for a public work to obtain
from the Director of Industrial Relations the general prevailing rate of per them wages for work of a
similar character In the locality in which the public work is to be performed, and the general prevailing
rate of per diem wages for holiday and overtime work, for each craft, classification, or type of worker
needed to execute the contract. Under existing law, if the director determines during any quarterly
period that there has been a change in any prevailing rate of per diem wages in a locality, he or she is
required to make that change available to the awarding body and his or her determination is final.
Under existing law, that determination does not apply to public works contracts for which the notice to
bidders has been published. This bill would instead state that if the director determines, within a
semiannual period, that there is a change In any prevailing rate of per diem wages In a locality, that
determination applies to any public works contract that is awarded or for which notice to bidders is
published on or after January 1, 2014 . This bill would authorize any contractor, awarding body, or
Page 9/18
specified representative affected by a change in rates on a particular contract to, within 20 days, file
with the director a verified petition to review the determination of that rate, as specified. The bill
would require the director to, upon notice to the Interested parties, initiate an investigation or hold a
hearing, and, within 20 days after the filing of that petition, except as specified, make a final
determination and transmit the determination in writing to the awarding body and to the interested
parties.
Position
Oppose
AB 1212 (Levin D) Public contracts: bids:
Current Text: Introduced: 2/22/2013 ant s.
Introduced: 2/22/2013
Is Fiscal: Y
Location: 3/7/2013-A. A. &A.R.
21fear 1 Desk Poli Fiscal Floor Desk Polity Fiscal Floor Conf. Enrolled Vetoed Chaptered
Dead 1st Mouse 2nd House Conc.
Summary: Existing law prohibits, except in specified circumstances, a state agency, political
subdivision, municipal corporation, district, or public officer responsible for letting a public works
contract from drafting bid specifications for that contract in a manner that limits the bidding to any one
concern or product, unless the specification is followed by the words "or equal." Existing law requires
that these bid specifications provide a period of time prior to or after, or prior to and after, the award
of the contract to allow the contractor to submit data that demonstrates that a concern or product to
be provided under the contract is equal to the concern or product identified in the bid specification.
This bill would prohibit these bid specifications from requiring a bidder to provide submission of data
substantiating a request for a substitution of "an equal" item prior to the bid or proposal submission
deadline.
Position
Oppose
AB 1251 (Gorell R) Water quality: stormwater.
Current Text: Amended: 4/10/2013 or ntmi
Introducetl: 2/22/2013
Last Amend: 4/10/2013
Is Fiscal: Y
Location: 5/1/2013-A. APPR.
2Yearl Desk I Policy Fiscal Floor Desk Policy Fiscal Floor Conf. Enrolled Vetoed Cha ptered
Dead 1st Mouse 2nd House Conc.
Summary: Under existing law, the State Water Resources Control Board and the California regional
water quality control boards prescribe waste discharge requirements for the discharge of stormwater
in accordance with the national pollutant discharge elimination system permit program established by
the federal Clean Water Act and the Porter-Cologne Water Quality Control Act. This bill would require
the Secretary for Environmental Protection to convene a stormwater task force to review, plan, and
coordinate stormwater-related activity to maximize regulatory effectiveness in reducing water
pollution. The bill would require the task force to meet on a quarterly basis. This bill contains other
related provisions.
Position
AB 1333 (Hernandez. Roger D) Local government: contracts.
Current Text: Amended: 4/30/2013 rat h
Introducetl: 2/22/2013
Last Amend: 4/30/2013
Is Fiscal: N
Location: 5/1/2013-A. L. GOV.
21fear Desk Poll Fis[al Floor Desk Policy Fiscal Floor Conf. Enrolled Vetoed Chaptered
Dead 1st Mouse 2nd House Conc.
Calendar: 5/8/2013 1:30 p.m. -State Capitol, Room 127 ASSEMBLY LOCAL
GOVERNMENT, ACHADHAN, Chair
Summary: Existing law authorizes the legislative body of a city, county, or district to enter into
contracts for various services, and, among other things, to Include within the contract a time within
which the whole or any specified portion of the work contemplated is to be completed. This bill would
require the legislative body of a city, county, or district to review any contract with a private party ,
with a total annual value of$250,000 or more and containing an automatic renewal clause , at least
once every three years on or before the annual date by which the contract may be rescinded. This bill
Book Page 66 Page 10I 18
Return to Aaeada Rom
contains other related provisions.
Position
Oppose Unless
Amended
AB 1336 (Frazier D) Prevailing wages: payroll records.
Current Text:Amended: 4/17/2013 nIm
Introduced: 2/22/2013
Last Amend: 4/17/2013
Is Fiscal: Y
Location: 4/30/2013-A. APPR.
2Year Desk Policy Fiscal Flocrl Desk Policy Fiscal Floor Conf. Enrolled Vetoed Chaptere0
Dead at
House 2nd House Conc.
Summary: Existing law requires contractors engaged in public works to pay employees the prevailing
wage, as determined by the Director of Industrial Relations, and to comply with requirements relating
to recordkeeping and employee work schedules. A joint labor-management committee, established
pursuant to a specified provision of federal law, is authorized to bring an action against any employer
who falls to pay prevailing wages as required by state law. The action is required to be commenced
not later than 180 days after the filing of a valid notice of completion in the office of the county
recorder in each county in which the public work, or some part thereof, was performed, or not later
than 180 days after acceptance of the public work, whichever occurs last. This bill would delete the
requirement that the action be commenced not later than 180 days after the filing of a valid notice of
completion, as prescribed, or not later than 180 days after acceptance of the public work, whichever
occurs last, and would instead require that the action be commenced not later than 24 months after
the wages were due. The bill would require, among other things, the court, in an action on prevailing
wages, to award restitution to an employee for unpaid wages, plus interest, from the date the wages
became payable, and would authorize the imposition of civil penalties, injunctive relief, or any other
appropriate equitable relief. This bill contains other related provisions and other existing laws.
Position
Oppose
AB 1349 (Gatto D) CalConserve water Use Efficiency Revolving Fund.
Current Text: Introduced: 2/22/2013 oar n�mi
Introduced: 2/22/2013
Is Fiscal: Y
Location: 4/16/2013-A. APPR.
2Year Desk I Policy Fiscal Floor Desk Policy Fiscal Floor Conf. Enrolled Vetoed Chaptered
Dead I list House 2nd House Conc.
Calendar: 5/8/2013 9 a.m. -State Capitol, Room 4202 ASSEMBLY APPROPRIATIONS, GATTO, Chair
Summary:The California Constitution requires the reasonable and beneficial use of water. This bill
would establish the CalConserve Water Use Efficiency Revolving Fund administered by the Department
of Water Resources and would continuously appropriate moneys in the fund, without regard to fiscal
year, to the department, for the purpose of water use efficiency projects. This bill would require
moneys in the fund to be used for purposes that include, but are not limited to, at-or-below market
interest rate loans and would permit the department to enter into agreements with local governments
or investor-owned utilities that provide water or recycled water service to provide loans.
Position
Support in
Concept
SB 11 (Paylev D) Alternative fuel and vehicle technologies: funding programs.
Current Text: Amended: 4/18/2013 nr
Introduced: 12/3/2012
Last Amend: 4/18/2013
Is Fiscal: Y
Location: 4/18/2013-5. APPR.
2Year Desk Policy Fiscal Floorl Desk Policy Fiscal Floor Conf. Enrolled Vetoed Chaptered
Dead I list House I 2nd House IConc.
Summary: Existing law establishes the Alternative and Renewable Fuel and Vehicle Technology
Program, administered by the State Energy Resources Conservation and Development Commission
(commission), to provide to specified entities, upon appropriation by the Legislature, grants, loans,
loan guarantees, revolving loans, or other appropriate measures, for the development and
deployment of innovative technologies that would transform California's fuel and vehicle types to help
attain the state's climate change goals. Existing law specifies that only certain projects or programs
Page 11/IS
are eligible for funding, including block grants administered by public entities or not-for-profit
technology entities for multiple projects, education and program promotion within California, and
development of alternative and renewable fuel and vehicle technology centers. Existing law requires
the commission to develop and adopt an investment plan to determine priorities and opportunities for
the program. This bill would provide that the State Air Resources Board (state board), until January 1,
2024, has no authority to enforce any element of its existing clean fuels outlet regulation or other
regulation that requires or has the effect of requiring any person to construct, operate, or provide
funding for the construction or operation of any publicly available hydrogen fueling station. The bill
would require the state board to aggregate and make available to the public, no later than January 1,
2014, and every two years thereafter, the number of vehicles that automobile manufacturers project
to be sold or leased, as reported to the state board. The bill would require the commission to allocate
$20 million each fiscal year, as specified, and up to $20 million each fiscal year thereafter, as specified,
for purposes of achieving a hydrogen fueling network sufficient to provide convenient fueling to vehicle
owners, and expand that network as necessary to support a growing market for vehicles requiring
hydrogen fuel, until there are at least 100 publicly available hydrogen fueling stations. The bill, on or
before December 31, 2015, and annually thereafter, would require the commission and the state
board to jointly review and report on the progress toward establishing a hydrogen fueling network
that provides the coverage and capacity to fuel vehicles requiring hydrogen fuel that are being placed
Into operation In the state, as specified. The bill would authorize the commission to design grants,
loan incentive programs, revolving loan programs, and other forms of financial assistance, as specified,
for purposes of assisting in the implementation of these provisions. The bill, no later than July 1, 2013,
would require the state board and air districts to jointly convene working groups to evaluate the
specified policies and goals of specified programs. The bill would add intelligent transportation
systems as a category of projects eligible for funding under the Alternative and Renewable Fuel and
Vehicle Technology Program. This bill contains other related provisions and other existing laws.
Position
Support
SIB 22 (Waite R) Public employees' retirement: benefit plans.
Current Text: Introduced: 12/3/2012
Introduced: 12/3/2012
Is Fiscal: Y
Location: 1/10/2013-S. P.E. &R.
2Year 1 Deski Policy Fiscal I Floor Desk I Policy I Fiscal I Floorl Conf. I Enrolled Vetoed Cha ptered
Dead 1st House Znd House Conc.
Summary: Existing law regulates state and local public retirement systems and generally requires
public employees who are new members, as defined, of those systems, on and after January 1, 2013,
to participate in specified benefit plans. Existing law permits a public employer that, before January 1,
2013, offers a defined benefit pension plan that provides a defined benefit formula with a lower
benefit factor at normal retirement age, and results in a lower normal cost, than the defined benefit
formula required for new employees on and after January 1, 2012, to continue to offer that defined
benefit formula and excepts the employer from specified requirements regarding pensionable
compensation. Existing law requires, in the case of these plans, if a new defined benefit formula is
adopted on or after January 1, 2013, that the formula meet certain requirements and, among other
things, be approved by the Legislature. Existing law prescribes the same requirements for a
retirement benefit plan that consists solely of a defined contribution plan if the employer, on or after
January 1, 2013, adopts a new defined benefit pension plan or defined benefit formula, as specified.
This bill would eliminate the requirement that the Legislature approve the changes in the instances
described above. This bill would also authorize a local agency public employer or public retirement
system that offers a defined benefit pension plan to offer a bereft formula with a lower benefit factor
at normal retirement age and that results in a lower normal cost than the benefit formulas that are
currently required, for purposes of addressing a fiscal necessity.
Position
SB 34 (Calderon D) Greenhouse gas: carbon capture and storage.
Current Text: Amended: 4/30/2013 r nsm
Introduced; 12/3/2012
Last Amend: 4/30/2013
Is Fiscal: Y
Location: 4/30/2013-5. APPR.
21fear Desk I Policy Fiscal Floor Desk Policy Fiscal Floor Conf. Enrolled Vetoed Cha ptered
Dead 1st Xouse I Znd House I Conc.
Calendar: 5/13/2013 10 a.m. -John L. Burton Hearing Room (4203) SENATE APPROPRIATIONS, DE
LEbN, Chair
Summary: Existing law requires the Division of OII, Gas, and Geothermal Resources of the
Book Page 68 Page 12l 18
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Department of Conservation to regulate the construction and operation of oil, gas, and geothermal
wells. Pursuant to existing federal law, the federal Underground Injection Control program, or UIC
program, the United States Environmental Protection Agency delegated responsibility to the division to
regulate class II wells, which are wells that use injections for, among other things, enhanced recovery
of oil or natural gas. The federal UIC program implements regulations that apply to class VI wells,
which include wells used for geologic sequestration of carbon dioxide under specific circumstances.
This bill, upon the adoption by the State Air Resources Board of a final methodology for carbon capture
and storage projects seeking to demonstrate geologic sequestration of greenhouse gases, specifically
would require the division to regulate carbon dioxide enhanced oil recovery projects that seek to
demonstrate carbon sequestration under various laws providing for the reduction of greenhouse gas
emissions. This bill contains other related provisions and other existing laws.
Position
SB 3] (DDe Led^ D) Energy efficiency and renewable energy upgrades: on-bill repayment program.
Current Text: Amended: 4/9/2013 e f n�mi
Introduced: 12/5/2012
Last Amend: 4/9/2013
Is Fiscal: Y
Location: 5/1/2013-5. SENATE
2Year Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf. Enrolled Vetoed Chaptered
Dead 1st House 2nd House Conc.
Summary: Under existing law the Public Utilities Commission has regulatory authority over public
utilities, including electrical corporations and gas corporations, as defined. Existing law authorizes the
Public Utilities Commission to fix the rates and charges for every public utility and requires that those
rates and charges be just and reasonable. This bill would enact the California Clean Energy Consumer
Access Act of 2013 and would authorize the commission to require an electrical or gas corporation with
250,000 or more service connections to develop and implement an on-bill repayment program
providing financial assistance for energy efficiency, renewable energy, distributed generation, or
demand response Improvements by allowing for the repayment of the financial assistance to be
included in the utility customer's utility bill (on-bill repayment). The bill would provide that the on-bill
repayment obligation would run with the meter, as defined. Because a violation of any part of any
order, decision, rule, direction, demand, or requirement of the Public Utilities Commission is a crime,
this bill would impose a state-mandated local program. This bill contains other related provisions and
other existing laws.
Position
SB 40 (Pavia D) Safe,Clean,and Reliable Drinking Water Supply Act of 2012.
Current Text: Amended: 1/17/2013 per ntm
Introduced: 12/10/2012
Is Fiscal: N
Location: 1/31/2013-5. N.R. &W.
2Year Desk Poll Fiscal Floor Desk Policy Fiscal Floor Conf. Enrolled Vetoed Chattered
Dead 1st House 2nd House Conc.
Summary: Existing law creates the Safe, Clean, and Reliable Drinking Water Supply Act of 2012,
which, if approved by the voters, would authorize the issuance of bonds In the amount of
$11,140,000,000 pursuant to the State General Obligation Bond Law to finance a safe drinking water
and water supply reliability program. Existing law provides for the submission of the bond act to the
voters at the November 4, 2014, statewide general election. This bill would change the name of the
act to the Safe, Clean, and Reliable Drinking Water Supply Act of 2014 and declare the intent of the
Legislature to amend the act for the purpose of reducing and potentially refocusing the
$11,140,000,000 bond.
Position
Watch
SB 42 (Wolk D) The California Clean, Secure Water Supply and Delta Recovery Act of 2014.
Current Text: introduced: 12/11/2012 per El
Introduced: 12/11/2012
Is Fiscal: Y
Location: 1/10/2013-5. N.R. &W.
2Year Desk I Poll Fiscal Floor Desk Policy Fiscal Floor Conf. I Enrolled Vetoed Chaptered
Dead 1st House 2nd House Conc.
Summary: existing law creates the Safe, Clean, and Reliable Drinking Water Supply Act of 2012,
Page 13/is
which, if approved by the voters, would authorize the issuance of bonds in the amount of
$11,140,000,000 pursuant to the State General Obligation Bond Law to finance a safe drinking water
and water supply reliability program. Existing law provides for the submission of the bond act to the
voters at the November 4, 2014, statewide general election. This bill would repeal these provisions.
This bill contains other related provisions and other existing laws.
Position
Watch
SB 43 (Wol D) Shared renewable energy self-generation program.
Current Text: Amended: 4/1/2013 n,mi
Introduced: 12/11/2012
Last Amend: 4/1/2013
Is Fiscal: Y
Location: 4/30/2013-5. RLS.
2year 1 Deski Poli Fiscal Floor Desk Polity Fisca Conf. Enrolled Vetoed Chaptered
Dead 1st House l Floor 2nd House Conic.
Summary: (1) Under existing law, the Public Utilities Commission has regulatory jurisdiction over
public utilities, including electrical corporations, as defined. Existing law authorizes the commission to
fix the rates and charges for every public utility, and requires that those rates and charges be just
and reasonable. Under existing law, the local government renewable energy self-generation program
authorizes a local government, as defined, to receive a bill credit, as defined, to be applied to a
designated benefiting account for electricity exported to the electrical grid by an eligible renewable
generating facility, as defined, and requires the commission to adopt a rate tariff for the benefiting
account. This bill would repeal the local government renewable energy self-generation program and
enact the Shared Renewable Energy Self-Generation Program. The program would authorize a retail
customer of an electrical corporation to acquire an interest, as defined, in a shared renewable energy
facility, as defined, for the purpose of receiving a bill credit, as defined, to offset all or a portion of the
customer's electricity usage, consistent with specified requirements. This bill contains other related
provisions and other existing laws.
Position
Watch
SB 64 (Corbett D) Proposition 39: Implementation.
Current Text: Amended: 4/23/2013 ptml
Introduced: 1/10/2013
Last Amend: 4/23/2013
Is Fiscal: Y
Location: 4/23/2013-5. APPR.
2Yearl Desk I Policy F Fiscal Floor Desk Policy Fiscal loor Conf. Enrolled Vetoed Cha p[ered
1 Dead 1st House 2nd House Conic.
Calendar: 5/6/2013 10 a.m. - Room 112 SENATE APPROPRIATIONS, DE LEdN, Chair
Summary: The California Clean Energy Jobs Act, an initiative approved by the voters at the November
6, 2012, statewide general election as Proposition 39, made changes to corporate income taxes and,
except as specified, provides for the transfer of$550,000,000 annually from the General Fund to the
Clean Energy Job Creation Fund for 5 fiscal years beginning with the 2013-14 fiscal year. Moneys in
the Clean Energy Job Creation Fund are available, upon appropriation by the Legislature, for purposes
of funding eligible projects that create jobs in California improving energy efficiency and expanding
clean energy generation. Existing law provides for the allocation of these funds for eligible projects at
public school facilities, university and college facilities, and other public buildings and facilities, as well
as job training and workforce development, and public-private partnerships, as specified. This bill
would require the State Energy Resources Conservation and Development Commission to develop and
administer programs, consistent with the act, to provide financial assistance to school districts, cities,
and counties to install energy efficiency or clean energy technology in public schools and municipal
facilities. The bill would appropriate for the 2013-14 fiscal year an unspecified sum from the Clean
Energy Job Creation Fund to the commission for the above purpose, thereby making an appropriation.
Position
SB 322 (Hues o D) Water recycling.
Current Text: Amended: 4/22/2013 unc ptml
Introduced: 2/19/2013
Last Amend: 4/22/2013
Is Fiscal: Y
Location: 5/1/2013-5. APPR.
Book Page 70 Page 14l 18
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2Y 1 Desk Policy) Fiscal Floor Desk Policy�Fiscal Floor Conf.I Enrolled (Vetoed I Chaptered l
Dead I Let House 2nd House Conc.
Summary: Existing law establishes the State Water Resources Control Board , referred to as the
state board, and the California regional water quality control boards , referred to as regional boards,
as the principal state agencies with authority over matters relating to water quality. Existing law
requires the State Department of Public Health to investigate the feasibility of developing uniform
water recycling criteria for direct potable reuse, as defined, and to provide a final report on that
investigation to the Legislature not later than December 31, 2016. Existing law also requires the
department to complete a public review draft of its report by June 30, 2016. This bill would require the
department , in consultation with the state board, to investigate the feasibility of developing uniform
water recycling criteria for direct potable reuse and to provide a final report on that investigation to
the Legislature not later than December 31, 2016. This bill would also require the department to
complete the public review draft of Its report by September 1, 2016. This bill contains other related
provisions and other existing laws.
Position
SIB 43G (Jackson D) California Environmental Quality Act: notice.
Current Text:Amended: 4/3/2013 am xs
Introduced: 2/21/2013
Last Amend: 4/3/2013
Is Fiscal: Y
Location: 5/2/2013-5. APPR.
2Year Desk Policy Fiscal Floor)Desk Policy Fiscal Floor Conf. Enrolled Vetoed Chaptered
Dead 1 1st House 2nd House Conc.
Calendar: 5/13/2013 10 a.m. -John L. Burton Hearing Room (4203) SENATE APPROPRIATIONS, DE
LE6N, Chair
Summary: The California Environmental Quality Act, commonly referred to as CEQA, requires a lead
agency to prepare, or cause to be prepared, and certify the completion of, an environmental impact
report, also known as an EIR, on a project, as defined, that it proposes to carry out or approve that
may have a significant effect on the environment, as defined, or to adopt a negative declaration if it
finds that the project will not have that effect. CEQA also requires the lead agency to call at least one
scoping meeting for a project that may affect highways or other facilities under the jurisdiction of the
Department of Transportation If the meeting Is requested by the department, or for a project of
statewide, regional, or areawide significance. CEQA requires the lead agency to provide to specified
entities a notice of at least one scoping meeting. This bill would require a lead agency to conduct at
least one public scoping meeting for the specified projects and to provide notice to the specified
entities of at least one public scoping meeting. This bill contains other related provisions and other
existing laws.
Position
SB 61Z (Evans D) California Environmental Quality Act.
Current Text:Amended: 4/1/2013 uyt Nm
Introduced: 2/22/2013
Last Amend: 4/1/2013
Is Fiscal: Y
Location: 5/2/2013-5. APPR.
21fear I Desk Pollcy Fiscal Floor Desk Policy Fiscal Floor Conf. Enrolled Vetoed Chaptered
Dead list House 2nd House Conc.
Calendar: 5/13/2013 10 a.m. -John L. Burton Hearing Room (4203) SENATE APPROPRIATIONS, DE
LE6N, Chair
Summary: The California Environmental Quality Act , referred to as CEQA requires a lead agency, as
defined, to prepare, or cause to be prepared, and certify the completion of, an environmental impact
report , referred to as an EIR on a project that it proposes to carry out or approve that may have a
significant effect on the environment or to adopt a negative declaration If It finds that the project will
not have that effect. CEQA also requires a lead agency to prepare a mitigated negative declaration for
a project that may have a significant effect on the environment if revisions in the project would avoid
or mitigate that effect and there is no substantial evidence that the project, as revised, would have a
significant effect on the environment. This bill would additionally require the above mentioned notices
to be filed with both the Office of Planning and Research and the county clerk and be posted by the
county clerk for public review. The bill would require the county clerk to post the notices within one
business day, as defined, of receipt and stamp on the notice the date on which the notices were
actually posted. By expanding the services provided by the lead agency and the county clerk, this bill
would impose a state-mandated local proqram. The bill would require the county clerk to post the
Page 15l IS
notices for at least 30 days. The bill would require the Office of Planning and Research to post the
notices on a publicly available online database established and maintained by the office. The bill would
require the office to stamp the notices with the date on which the notices were actually posted for
online review and would require the notices to be posted for at least 30 days. The bill would authorize
the office to charge an administrative fee not to exceed $10 per notice filed. The bill would specify that
a time period or limitation period specified by CEQA does not commence until the notice is actually
posted for public review by the county clerk or is available in the online database, whichever is later.
The bill would require the notice of determination to be filed solely by the lead agency. This bill
contains other related provisions and other existing laws.
Position
SB 633 (Pavia D) CEQA.
Current Text: Amended: 4/11/2013 xpt ptml
Introduced: 2/22/2013
Last Amend: 4/11/2013
Is Fiscal: Y
Location: 5/2/2013-5. SECOND READING
2Vear Desk Policy Fiscal Fiscal Conf. Enrolletered
Deatl 1st H Floor DeskPolicyouse 2nd Ho us
Floor d Vetoed Chap
e Conc.
Calendar: 5/6/2013 #11 SENATE SENATE BILLS-SECOND READING FILE
Summary: The California Environmental Quality Act, referred to as CEQA, requires a lead agency, as
defined, to prepare, or cause to be prepared, and certify completion of, an environmental impact
report, referred to as an EIR, on a project that it proposes to carry out or approve that may have a
significant effect on the environment, or to adopt a negative declaration if it finds that the project will
not have that effect. CEQA also requires a lead agency to prepare a mitigated negative declaration for
a project that may have a significant effect on the environment if revisions in the project would avoid
or mitigate that effect and there is no substantial evidence that the project, as revised, would have a
significant effect on the environment. CEQA prescribes certain requirements for the review of draft
EIRs, as specified. CEQA prohibits a lead agency or responsible agency from requiring a subsequent or
supplemental EIR when an EIR has been prepared for a project pursuant to its provisions, unless one
or more of specified events occurs, including, among other things, that new information, which was
not known and could not have been known at the time the EIR was certified as complete, becomes
available. CEQA requires the Office of Planning and Research to prepare and develop, and the
Secretary of the Natural Resources Agency to certify and adopt, guidelines for the implementation of
CEQA. CEQA requires the office to review the guidelines once every 2 years and recommend proposed
changes or amendments to the guidelines to the secretary. CEQA requires the guidelines to include a
list of classes of projects that have been determined not to have a significant effect on the
environment and to exempt those classes of projects from CEQA, referred to as categorical
exemptions. This bill would specify that the new information that becomes available was not known
and could not have been known by the lead agency or any responsible agency at the time the EIR
was certified as complete. The bill would authorize the office, by July 1, 2015, to revise the guidelines
to include as a categorical exemption projects involving minor temporary uses of land and public
gatherings that have been determined not to have a significant effect on the environment . The bill
would require the secretary, by January 1, 2016, to certify and adopt the proposed revisions to the
guidelines. Because a lead agency would be required to determine whether a project would fall within
this categorical exemption, this bill would impose a state-mandated local program. This bill contains
other related provisions and other existing laws.
Position
SB 691 (Hancock D) Nonvehicular air pollution control: penalties.
Current Text: Introduced: 2/22/2013 ndf n�mi
Introduced: 2/22/2013
Is Fiscal: N
Location: 4/3/2013-5. JUD.
2Vear 1 Desk Pcli For D Fiscal Flo Conf. Enrolled Vetoed Chaptered
Dead 1st Hoiscal Flo esk Policy or
use 2nd House Conc.
Calendar: 5/7/2013 1:30 p.m. - Room 112 SENATE JUDICIARY, EVANS, Chair
Summary: Existing law, commencing January 1, 2014, prohibits a person from discharging from
nonvehicular sources air contaminants or other materials that cause injury, detriment, nuisance, or
annoyance to the public, or that endanger the comfort, repose, health, or safety of the public, or that
cause injury or damage to business or property, as specified. Under existing law, a person who
violates this provision is guilty of a misdemeanor, as specified, and is strictly liable for a civil penalty of
not more than $10,000, unless that person alleges by affirmative defense and establishes that the act
was not the result of Intentional or neqliqent conduct, In which case that person Is strictly liable for a
Book Page 72 Page 16 i 18
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civil penalty of not more than $1,000. A person who violates this provision and who acts negligently,
knowingly, willfully and intentionally, or with reckless disregard, is liable for a civil penalty in a greater
amount, as specified. This bill would require, unless the original penalties prescribed are greater, that
on the initial date of a violation of this provision, a person is liable for a civil penalty of not more than
$10,000, unless the violation results from a discharge from a Title V source, in which case the civil
penalty is not more than $100,000. This bill would require that the recovery of a civil penalty under
these provisions precludes prosecution of a misdemeanor for the same offense.
Position
Oppose
SB 73 (Ste'nbera D) Environment: California Environmental Quality Act and sustainable communities
strategy.
Current Text:Amended: 4/23/2013
Introduced: 2/22/2013
Last Amend: 4/23/2013
Is Fiscal: y
Location: 5/1/2013-5. APPR.
2Year I DeidTPHcy�1 Fiscal I Floor Desk I Policy I Fiscal I Floor Conf.I Enrolled Vetoed Chaptered
Dead tat House I 2nd House Conc.
Summary: (1) The California Environmental Quality Act, or CEQA, requires a lead agency, as defined,
to prepare, or cause to be prepared, and certify the completion of, an environmental impact report, or
EIR, on a project that it proposes to carry out or approve that may have a significant effect on the
environment or to adopt a negative declaration if it finds that the project will not have that effect.
CEQA also requires a lead agency to prepare a mitigated negative declaration for a project that may
have a significant effect on the environment if revisions in the project would avoid or mitigate that
effect and there is no substantial evidence that the project, as revised, would have a significant effect
on the environment. CEQA requires the Office of Planning and Research to develop and prepare, and
the Secretary of the Natural Resources Agency to certify and adopt, guidelines for the implementation
of CEQA by public agencies. CEQA establishes a procedure for the preparation and certification of the
record of proceedings upon the filing of an action or proceeding challenging a lead agency's action on
the grounds of noncompliance with CEQA. CEQA establishes time periods within which a person is
required to bring a judicial action or proceeding to challenge a public agency's action taken pursuant
to CEQA. This bill would provide that aesthetic impacts of a residential, mixed-use residential, or
employment center project, as defined, within a transit priority area, as defined, shall not be
considered significant impacts on the environment. The bill would require the office to prepare and
propose, and the Secretary of the Natural Resources Agency to certify and adopt, revisions to the
guidelines for the implementation of CEQA establishing thresholds of significance for noise, and for the
transportation and parking impacts of residential, mixed-use residential, or employment center
projects within transit priority areas. The bill would require the lead agency, in making specified
findings, to make those findings available to the public at least 15 days prior to the approval of the
proposed project and to provide specified notice of the availability of the findings for public review.
Because the bill would require the lead agency to make the draft finding available for public review
and to provide specified notices to the public, this bill would impose a state-mandated local program.
The bill would require the lead agency, at the request of a project applicant for specified projects, to,
among other things, prepare a record of proceedings concurrently with the preparation of negative
declarations, mitigated negative declarations, EIRs, or other environmental documents for specified
projects. Because the bill would require a lead agency to prepare the record of proceedings as
provided, this bill would impose a state-mandated local program. The bill would authorize the tolling of
the time period in which a person is required to bring a judicial action or proceeding challenging a
public agency's action taken pursuant to CEQA through a tolling agreement that does not exceed 4
years. The bill would authorize the extension of the tolling agreement. This bill contains other related
provisions and other existing laws.
Position
SB 785 (Wolk D) Design-build.
Current Text: Amended: 5/2/2013 sslf nemi
Introduced: 2/22/2013
last Amend: 5/2/2013
Is Fiscal: y
Location: 5/2/2013-5. APPR.
2Year Desk Policy Fiscal Floorl Desk Policy Fiscal Floor Conf. Enrolled Vetoed Chaptered
Dead I list House 2nd House Conc.
Summary: Existing law authorizes the Department of General Services, the Department of Corrections
and Rehabilitation, and various local agencies to use the design-build procurement process for
specified public works under different laws. This bill would repeal those authorizations, and enact
Page l]/I8
provisions that would authorize the Department of General Services, the Department of Corrections
and Rehabilitation, and those local agencies, as defined, to use the design-build procurement process
for specified public works. The bill would require moneys that are collected under these provisions to
be deposited into the State Public Works Enforcement Fund, subject to appropriation by the
Legislature. The bill would require specified information to be verified under penalty of perjury. By
expanding the crime of perjury, the bill would impose a state-mandated local program. This bill
contains other related provisions and other existing laws.
Position
Support in
Concept
SB 787 (Berrvhill R) Environmental quality:the Sustainable Environmental Protection Act.
Current Text: Amended: 4/18/2013 u nsm�
Introduced: 2/22/2013
Last Amend: 4/18/2013
Is Fiscal: Y
Location: 5/1/2013-S. E.Q.
2Year Desk I Poll Fiscal Floor Desk Policy Fiscal Floor Conf. Enrolled Vetoed Cha ptered
Dead 1st House 2nd House Conc.
Summary: The California Environmental Quality Act , or CEQA, requires a lead agency, as defined, to
prepare, or cause to be prepared, and certify the completion of, an environmental impact report , or
EIR, on a project that It proposes to carry out or approve that may have a significant effect on the
environment or to adopt a negative declaration if it finds that the project will not have that effect.
CEQA also requires a lead agency to prepare a mitigated negative declaration for a project that may
have a significant effect on the environment if revisions in the project would avoid or mitigate that
effect and there is no substantial evidence that the project, as revised, would have a significant effect
on the environment. This bill would enact the Sustainable Environmental Protection Act and would
specify the environmental review required pursuant to CEQA for projects related to specified
environmental topical areas. For a judicial action or proceeding filed challenging an action taken by a
lead agency on the ground of noncompliance with CEQA, the bill would prohibit a cause of action that
(1) relates any topical area or criteria for which compliance obligations are identified or (2) challenges
the environmental document if: (A) the environmental document discloses compliance with applicable
environmental law, (B) the project conforms with the use designation, density, or building intensity in
an applicable plan, as defined, and (C) the project approval incorporates applicable mitigation
requirements into the environmental document. The bill would provide that the Sustainable
Environmental Protection Act only applies if the lead agency or project applicant has agreed to provide
to the public in a readily accessible electronic format an annual compliance report prepared pursuant
to the mitigation monitoring and reporting program. This bill contains other related provisions and
other existing laws.
Position
Total Measures: 44
Total Tracking Forms: 44
Book Page 74 Page 18l 18