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HomeMy WebLinkAbout07-09-2018 Legislative Committee Meeting Agenda Orange County Sanitation District ,+ Monday, July 9, 2018 Meeting of the `u " 3:30 P.M. LEGISLATIVE AND PUBLIC Administration Building AFFAIRS COMMITTEE Board Room 10844 Ellis Avenue �+ Fountain Valley, CA (714) 593-7433 AGENDA PLEDGE OF ALLEGIANCE: DECLARATION OF QUORUM: PUBLIC COMMENTS: If you wish to address the Committee on any item, please complete a Speaker's Form(located at the table at the back of the room) and submit it to the Clerk of the Board or notify the Clerk of the Board the item number on which you wish to speak. Speakers will be recognized by the Chairman and are requested to limit comments to three minutes. REPORTS: The Committee Chair and the General Manager may present verbal reports on miscellaneous matters of general interest to the Committee Members. These reports are for information only and require no action by the Committee. CONSENT CALENDAR: Consent Calendar Items are considered to be routine and will be enacted, by the Committee, after one motion, without discussion. Any items withdrawn from the Consent Calendar for separate discussion will be considered in the regular order of business. 1. APPROVAL OF MINUTES (Clerk of the Board) RECOMMENDATION: Approve minutes for the Committee meeting held on June 11, 2018. NON-CONSENT: 2. LEGISLATIVE AND PUBLIC AFFAIRS COMMITTEE (Bob Ghirelli) RECOMMENDATION: Provide direction regarding the leadership structure of the Legislative and Public Affairs Committee and make a recommendation to the Board of Directors. 3. OPPOSE ASSEMBLY BILL 327 (Bob Ghirelli) RECOMMENDATION: Approve letter of Opposition for Assembly Bill 327 - South Coast Air Quality Management District: Fleets (Assemblyman Gipson). 07/09/2018 Legislative and Public Affairs committee Page 1 of 2 4. SUPPORT SENATE BILL 1440 (Bob Ghirelli) RECOMMENDATION: Approve letter of Support for Senate Bill 1440 - Biomethane Procurement Program (Senator Hueso). INFORMATION ITEMS: 5. PUBLIC AFFAIRS UPDATE (Jennifer Cabral) 6. LEGISLATIVE AFFAIRS UPDATE (Rebecca Long) OTHER BUSINESS AND COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS, IF ANY: ADJOURNMENT: The next Legislative and Public Affairs Committee meeting is scheduled for Monday, September 10, 2018 at 12:00 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)593-7433 at least 72 hours prior to the scheduled meeting. Requests must specify the nature of the disability and the type of accommodation requested. Aaenda Posting: In accordance with the requirements of California Government Code Section 54954.2, this agenda has been posted outside the main gate of the Sanitation District's Administration Building located at 10844 Ellis Avenue, Fountain Valley, California, and on the Sanitation District's website at www.ocsd.com, not less than 72 hours prior to the meeting date and time above. All public records relating to each agenda item, including any public records distributed less than 72 hours prior to the meeting to all,or a majority of the Board of Directors,are available for public inspection in the office of the Clerk of the Board. Aaenda Description: The agenda provides a brief general description of each item of business to be considered or discussed. The recommended action does not indicate what action will be taken. The Board of Directors may take any action which is deemed appropriate. NOTICE TO DIRECTORS: To place items on the agenda for the Committee Meeting, items must be submitted to the Clerk of the Board 14 days before the meeting. Kelly A.Lore Clerk of the Board (714)593-7433 Klore(dlocsd.com For any questions on the agenda, Committee members may contact staff at: General Manager James D. Herberg (714)593-7300 iherbemitfocsd.com Assistant General Manager Bob Ghirelli (714)593-7400 rahirelli(c3msd.com Assistant General Manager Rob Thompson (714)593-7310 rthomoson(docsd.com Director of Environmental Services James Colston (714)593-7450 icolston(Wocsd.com Public Affairs Supervisor Jennifer Cabral (714)593-7581 icabra(a)omd.com Senior Public Affairs Specialist Rebecca Lon 714 593-7444 rlon ocsd.com 07/09/2018 Legislative and Public Affairs Committee Page 2 of 2 ITEM NO. 1 MINUTES OF THE LEGISLATIVE AND PUBLIC AFFAIRS COMMITTEE Orange County Sanitation District Monday, June 11, 2018 at 12:00 p.m. A meeting of the Legislative and Public Affairs Committee was called to order by Chair Sebourn on Monday, June 11, 2018 at 12:00 p.m. in the Administration Building of the Orange County Sanitation District. Director Wanke led the pledge of allegiance. A quorum was declared present, as follows: COMMITTEE MEMBERS PRESENT: STAFF PRESENT: Greg Sebourn, Board Chair Bob Ghirelli, Assistant General Manager David Shawver, Board Vice-Chair Rob Thompson, Assistant General Manager Allan Bernstein, Member-At-Large Celia Chandler, Director of Human Resources Chad Wanke, Member-At-Large Jim Colston, Director of Environmental Services John Withers, Member-At-Large Ed Torres, Director of Operations & Maintenance COMMITTEE MEMBERS ABSENT: Lorenzo Tyner, Director of Finance & Peter Kim, Member-At-Large Administrative Services Donald P. Wagner, Member-At-Large Tina Knapp, Deputy Clerk of the Board Jennifer Cabral Tanya Chong Daisy Covarrubias Rebecca Long Kelly Lore Mark Manzo Kelly Newell OTHERS PRESENT: Brad Hogin, General Counsel Eric Sapirstein, ENS Resources (via teleconference) Eric O'Donnell, Townsend Public Affairs Cori Williams, Townsend Public Affairs PUBLIC COMMENTS: None. REPORT OF COMMITTEE CHAIR: Board Chair Sebourn did not provide a report. 06/11/2018 Legislative and Public Affairs Committee Minutes Page 1 of 4 REPORT OF GENERAL MANAGER: Assistant General Manager Bob Ghirelli asked Jim Colston, Director of Environmental Services, to provide information on the recent Heal the Bay water quality report card for local beaches, harbors, and marinas. Mr. Colston indicated that all the coastal beaches in OCSD's service area received A+/A ratings during the recent dry and wet weather seasons (two separate seasons upon which the reports are done). Reports do not include events immediately following a significant rain event. CONSENT CALENDAR: 1. APPROVAL OF MINUTES (Clerk of the Board) MOVED. SECONDED. and DULY CARRIED TO: Approve minutes for the Committee meeting held on May 14, 2018. AYES: Bernstein, Sebourn, Shawver, Wanks, and Withers NOES: None ABSTENTIONS: None ABSENT: Kim and Wagner In response to a question from the Committee, staff indicated that follow-up to the microplastics/AB 2379 (Bloom)discussion at the May Committee meeting will be provided at the July meeting. NON-CONSENT CALENDAR: None. INFORMATION ITEMS: 2. PUBLIC AFFAIRS UPDATE (Jennifer Cabral) Public Affairs Supervisor Jennifer Cabral gave an overview of recent tours provided and an overview of recent events which OCSD attended. Ms. Cabral thanked the Committee for their attendance at the Honor Walk. Ms. Cabral also reported that Blais & Associates has been selected as the grant management firm for the Sanitation District. The Committee requested that basic organizational information on Blais &Associates be provided to the Committee. Ms. Cabral also reported on the recent Water Summit, which was held on June 1. Ms. Cabral indicated that she found the event discussion on conservation and unintended consequences an interesting topic for wastewater agencies, including the increase in wastewater treatment costs in light of water conservation and the reduction in water recycling capabilities in light of conservation (which Assistant General Manager Rob Thompson discussed in an interview with the "Los Angeles Times"). Chair Seboum requested staff make an informational presentation on the impacts of conservation of Publicly Owned Treatment Works (POTW) to the full 06/11/2018 Legislative and Public Affairs Committee Minutes Page 2 of Board in the near future. Director Withers indicated it would be of benefit to OCSD to join the conversation currently occurring on this topic in the marketplace. Ms. Cabral also reported that she recently attended the NACWA Conference communications session and appreciated the outreach being done by other agencies. Ms. Cabral will bring some of the information learned to the Committee through the public affairs strategic plan. Ms. Cabral reported that she will be speaking on transparency, as a result of the Little Hoover Commission report, at the CSDA Conference at the General Manager's Summit later in June. Ms. Cabral also reviewed the modifications made to the social media report provided in the Committee agenda packet. Ms. Cabral distributed communication from one of the Sanitation District's social media sites, which shows how social media is of benefit in communication. Ms. Cabral also briefly reviewed the recently implemented Project Ambassador program. Ms. Cabral indicated that she would provide the biosolids social media graphic to Director Bernstein. Director Warlike asked that staff continually look for new social media platforms on which to have a presence. The Committee is interested in reviewing the costs of social media, in general and specific to any given project. 3. LEGISLATIVE AFFAIRS UPDATE (Rebecca Long) Rebecca Long, Senior Public Affairs Specialist, indicated that the Sanitation District is applying forthe second round of WIIN funding. Eric Sapirstein, ENS Resources, updated the Committee on the following items: Washington, DC policy activity, including WRDA, namely S. 2800 and H.R. 8, State Revolving Fund (SRF)funding, and climate resiliency grants that may become available; WIFIA; the 2019 appropriations process; funding for infrastructure improvements and desalination projects; California WaterFix and Water Recycling Assistance; policy riders related to the approval of WaterFix; and the possibility of tariffs on treatment technologies. Director Wanke departed the meeting at 12:48 p.m. Eric O'Donnell,Townsend Public Affairs(TPA), provided an informative PowerPoint presentation that began with reviewing the current legislative session and bills. The presentation also provided a review of Propositions of interest to the Sanitation District and the primary election results of these Propositions; an update on long term water conservation regulations [AB 1668 (Friedman) and SB 606 (Skinner)], which have been signed by the Governor, and highlights of these regulations; an update on the safe and affordable drinking water fund and cap and trade expenditure plan; and a snapshot of the current status of bills and advocacy of interest to OCSD. 06/11/2018 Legislative and Public Attains Committee Minutes Page 3o`4 OTHER BUSINESS AND COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS, IF ANY: Director Bernstein introduced the discussion of changing the structure of this Committee. Based on the discussion that occurred, staff was directed to prepare options for the Committee's consideration. Vice-Chair Shawver inquired as to the feasibility of establishing an Orange County special district Foundation or Sanitation District Foundation paralleling the District's mission, to be privately funded, to advocate on behalf of water/wastewater issues. Vice-Chair Shawver will discuss this further with Chair Sebourn and General Manager Herberg. Chair Sebourn indicated that this Committee will not meet in August unless a need necessitates a meeting be held. ADJOURNMENT: Chair Seboum declared the meeting adjourned at 1:19 p.m. to the next Legislative and Public Affairs Committee meeting, Monday, July 9, 2018 at 3:30 p.m. Submitted by: Tina Knapp, CMC Deputy Clerk of the Board 06/11/2018 Legislative and Public Affairs Committee Minutes Page 4 of LEGISLATIVE AND PUBLIC AFFAIRS COMMITTEE M0 7%gDale Toi%isilar AGENDA REPORT ItemNumber Item Number z Orange County Sanitation District FROM: James D. Herberg, General Manager Originator: Robert P. Ghirelli, Assistant General Manager SUBJECT: LEGISLATIVE AND PUBLIC AFFAIRS COMMITTEE GENERAL MANAGER'S RECOMMENDATION Provide direction regarding the leadership structure of the Legislative and Public Affairs Committee and make a recommendation to the Board of Directors. BACKGROUND The Legislative and Public Affairs (La PA) Committee began in September 2013 as an Ad Hoc Committee. In January 2015, Board leadership directed staff to establish La PA as a Standing Committee. The Committee meets monthly to hear updates from staff and lobbyists and make recommendations on matters related to the legislative and public affairs activities of the Sanitation District. RELEVANT STANDARDS • Make it easy for people to understand OCSD's roles and value to the community • Build brand, trust, and support with policy makers and community leaders • Maintain influential legislative advocacy and a public outreach program PROBLEM At the June 2018 meeting, it was suggested by a member of the Committee that a change in the leadership structure of the La PA Committee be considered. Following the discussion that occurred regarding the proposed change, staff was directed to prepare options for the Committee's consideration. Staff proposes the following options for consideration. PROPOSED SOLUTION Option 1: Status quo. Maintain the current organization of the Committee and make no changes to the leadership structure. Option 2: Appointment of a Chair and Vice Chairofthe La PA Committee bythe Board Chairman. The newly appointed Committee Chair and Vice Chair would take over leadership responsibilities from the Board Chair and Board Vice Chair, who currently lead the Page 1 of 2 Committee. No other changes are proposed to the structure of the Committee and its membership under this option. This is the most direct option for accomplishing the restructuring proposal discussed at the June LaPA Committee meeting and the least disruptive to the overall organization of the Board's Standing Committees. Option 3: Restructure the Board's Standing Committees to distribute the members of the Board of Directors equally across the three standing committees-LaPA, Operations, and Administration -and appoint a Chair and Vice Chair to lead the LaPA Committee. This option would put LaPA on an equal footing with the Operations and Administration Committees in terms of the number of committee members and leadership structure. The LaPA Committee considers only a handful of action items annually which result in a recommendation to the Board of Directors. There may not be enough items to keep eight or nine Board Members fully engaged throughout the year. With the current two committee structure, one half of the Board Members hear and weigh in on an item before it goes to the full Board for consideration. Option 4: Sunset the LaPA Committee and return oversight of the legislative and public affairs programs to the Steering Committee's authority. This option is consistent with the 2006 streamlining recommendations adopted by the Board of Directors to reduce the number of Board committees. While this might be considered the most efficient option for handling legislative matters, it does not accomplish the intent of the proposal discussed at the June LaPA Committee meeting. PRIOR COMMITTEE/BOARD ACTIONS April 2017 - A special joint meeting of the LaPA Committee and the Steering Committee discussed scheduling of its meetings; and the Board of Directors approved to continue with monthly Legislative and Public Affairs Committee meeting on the second Monday of each month, with January dark, at a new meeting time of 12 noon. January 2015 - The Board approved the Rules of Procedure Resolution No. OCSD 15-01, which established LaPA as a Standing Committee. ATTACHMENT The following attachment(s)are included in hard copy and may also be viewed on-line at the OCSD website (mm w.ocsd.coml with the complete agenda package: Resolution No. OCSD 17-18 Board of Directors Rules of Procedure Page 2 of 2 RESOLUTION NO. OCSD 17-18 A RESOLUTION OF THE BOARD OF DIRECTORS OF ORANGE COUNTY SANITATION DISTRICT ESTABLISHING RULES OF PROCEDURE FOR THE CONDUCT OF BUSINESS OF THE DISTRICT, AND REPEALING RESOLUTION NO. OCSD 17-08 WHEREAS it is necessary to establish rules of procedure to facilitate the orderly handling of business to come before the Orange County Sanitation District Board of Directors and Standing, Steering, Special and Ad Hoc Committees. NOW THEREFORE, the Board of Directors of the Orange County Sanitation District DOES HEREBY RESOLVE, DETERMINE AND ORDER: Section 1: Rules of Procedure. That the following rules of procedure be adopted for the conduct of business of the District: A. Regular Meetings. There shall be a regular monthly meeting of the Board of Directors of the District on the fourth Wednesday of every month at 6:00 p.m., in the Administrative Offices of the District, located at 10844 Ellis Avenue, Fountain Valley, California; provided, however, if the fourth Wednesday of the month falls upon a legal holiday, said monthly meeting shall be held on the next day thereafter, at the same time and place, unless the Board adjourns to a different date and time. The Board of Directors may adjourn any regular, special or adjourned special meeting to a time and place certain, as specified in the order of adjournment. B. Special Meetings. A special meeting of the Board of Directors may be called in either one of the following ways: (1) By the Chairperson of the Board of Directors; or (2) By the written request of a majority of the Steering Committee delivered to the Clerk of the Board. The call or notice for special meeting shall be in writing and delivered personally or by mail at least twenty-four (24) hours before the time of such meeting, as specified in the notice. Any notice deposited in the regular mail addressed to a Director at the address he or she has on file with the Clerk of the Board postage prepaid, sixty (60) hours in advance of any such meeting as specified in the notice, shall be presumed to have been delivered. The call or notice shall specify the time and place of the special meeting, a description of the business to be transacted and copies of all pertinent written materials. OCSD 17-18-1 Such written notice maybe dispensed with as to any Director or Alternate Director who, at or prior to the time the meeting convenes, files with the Clerk of the Board a written waiver of notice. Such waiver may be given by facsimile or electronic mail. Such written notice may also be dispensed with as to any member who is actually present at the meeting at the time it convenes. The Clerk of the Board shall diligently attempt to notify each Director personally of the time, place and purpose of said meeting, not less than twenty-four (24) hours before the time of said meeting. The call or notice shall be posted in the administrative offices' public lobby and in a location freely accessible to the public at least twenty-four(24) hours prior to the special meeting. C. Meetings Adjourned by Clerk of the Board. If at any regular, adjourned regular, special or adjourned special meeting there is not a quorum of Directors present, the Clerk of the Board may declare the meeting adjourned to a stated time and place and shall cause written notice of the adjournment to be given in the same manner as for a special meeting, unless such notice is waived as provided for in special meetings. Within twenty-four (24) hours after the time of the adjournment, a copy of the order or notice of adjournment shall be conspicuously posted on or near the door of the place where the meeting was held and in a location freely accessible to the public. D. Notices to News Media. When any local newspaper of general circulation, radio or television station requests, in writing, notices of meetings of the Board of Directors, the Clerk of the Board shall thereafter, until receipt of a notice terminating said request, deliver notices of regular, regular adjourned and special adjourned meetings to such newspapers, radio or television stations. Delivery shall be made in the same manner as delivery is made to the Directors. E. Conduct of Meetings. (1) Procedural Rules. The procedural rules for debate and action shall be as set forth in Table 1, attached hereto and adopted herein by reference. Robert's Rules of Order shall not be applicable or govern the procedures for the conduct of Sanitation District business. (2) Legal Officer. In any case of ambiguity or uncertainty in the interpretation or application of these Rules to any procedure, the presiding officer may direct such question for a ruling to the Board's General Counsel, who shall be the parliamentarian of the Board. (3) Obtaining the Floor and Making Motions. Any member of the Board wishing to speak, or any member of the public wishing to address the Board, must first be recognized by the Chairperson. The Chairperson must recognize any member of the Board who seeks the floor when appropriately entitled to address the Board. OCSD 17-18-2 Any member of the Board, including the Chairperson, may bring a matter of business properly before the Board by making a motion. Any member, including the Chairperson, except the member making the motion, may second the motion. Once a motion is seconded, it may be opened for discussion and debate, in accordance with the procedures in Subsection (4) below. (4) Rules for Discussion. Debate and Deliberation by the Board. The procedures for consideration and action on all matters to come before the Board shall be in compliance with the terms of this Section, as follows: (a) Each item on the Agenda will be introduced in a form of a report by either the General Manager, a member of the Executive Management Team, or Counsel. (b) Upon completion of the report, the Chairperson will allow for direct questions regarding the item, by Directors, each in turn, and in the order as selected by the Chairperson. (c) Upon completion of the question period, the Chairperson will entertain a motion and second for consideration by the Board. (d) Discussion among the Directors will follow. Each Director will be recognized to address the Board in the order selected by the Chairperson, with a five (5) minute time limit for each Member wishing to speak on the Agenda item, unless the time limit is waived by the Chairperson. There will be no interruptions of the Director who has been recognized. Attempted interruptions will be declared out-of-order, and the Board Member attempting to interrupt will be asked to remain silent until recognized. (e) As an additional courtesy to everyone, repetition of comments will be discouraged in the interest of time and, at the discretion of the Chairperson, can be declared out-of-order. (f) After each Member who wishes to speak has been recognized and completed his/her remarks, a single three(3) minute period of rebuttal will be allowed any Director, unless the time limit is waived by the Chairperson. (g) If it appears to the Chairperson that any Director is pursuing a line of questioning or commentary due to lack of preparation or prior review with the District's Staff, the Director's time will be declared to have been used up, and no further inquiry will be allowed. (h) Upon adoption of a motion on an Agenda item, there will be no further discussion of that item. OCSD 17-18-3 (5) Decorum in Debate. All Members shall address their remarks to the Chairperson and confine them to the business then pending and subject to discussion before the Board, avoiding personalities and reflections upon anyone's motives. (6) Closing or Limiting Debate. At all times, the Board shall endeavor to allow free and open debate among Members of the Board. However, in the discretion of the Chairperson, it may become necessary to close or limit debate, so that action can be taken by the Board. An order by the Chairperson closing or limiting the debate can only be set aside by a majority vote of the Board. F. Quorum. A majority of the Directors shall constitute a quorum of the Board. G. Chairperson and Vice Chairperson of the Board. A Chairperson and Vice Chairperson of the Board shall be elected by a majority vote of Directors at the regular meeting in June of each year, and will assume office July 1st. The nominations for Chairperson and Vice Chairperson shall be made at the regular Board meeting in May of each year. Any person nominated for Chairperson shall be deemed to be nominated for Vice Chairperson in the event the person is not elected as Chairperson. Thereafter, the nominees shall prepare a statement setting forth their qualifications for the office sought. The statements should be forwarded to the Clerk of the Board who will in turnmail to the members of the Board of Directors with the Agenda and other meeting material for the June regular meeting. If only one individual is nominated for Chairperson at the regular Board meeting in May, that individual shall be deemed elected as Chairperson, no election shall be held in June, and the individual shall assume office July 1s'. If only one individual is nominated for Vice Chairperson at the regular Board meeting in May, that individual shall be deemed elected as Vice Chairperson, no election shall be held in June, and the individual shall assume office July 1s'. The Chairperson and Vice Chairperson shall serve at the pleasure of a majority of the Directors. In the event the office of Chairperson becomes vacant due to resignation or retirement of the incumbent prior to the expiration of the regular term, the Vice Chairperson shall automatically succeed to the office of the Chairperson and shall continue to serve through the remainder of the regular term unless sooner removed by action of a majority of the Directors. In the event the office of Vice Chairperson becomes vacant prior to the expiration of the regular term, nominations and the election of a Director to serve in that capacity shall be conducted at the next regular Board meeting. The person so elected shall serve the balance of the regularly-scheduled term unless sooner removed as a result of action by a majority of the Directors. The Chairperson shall not serve more than two consecutive one-year terms for which he/she has been elected to the office of Chairperson. The Vice Chairperson shall not serve more than two consecutive one-year terms for which he/she has been elected to the office of Vice Chairperson. OCSD 17-18-4 H. Presiding Officer. The Chairperson of the Board shall preside during meetings of the Directors. In the absence of the Chairperson, the Vice Chairperson shall preside. I. Clerk of the Board and Minutes. The Board of Directors shall have a person designated to serve as Clerk of the Board. The Clerk of the Board will be appointed to the position by the General Manager and shall report to the General Manager or a Department Head as designated by the General Manager. The Clerk of the Board will be a regular full-time employee, subject to all the rules and policies applicable to all regular full-time employees. The Clerk of the Board shall attend all meetings of the Board of Directors, unless excused by the Chairperson, and shall prepare an accurate record of each meeting for submission to the Directors and subsequent approval at the following meeting; provided, however, that when an adjourned, special or special adjourned meeting of the Board of Directors immediately precedes a regular meeting, Minutes of said meeting shall be submitted for approval at the next meeting of the Board following said regular meeting. In the preparation of Official Minutes of a meeting of the Board of Directors, the Clerk of the Board will not record the name of the Director who moves or who seconds the adoption of a motion or Resolution, but will reflect the votes by name of each Director on each item brought before the Board. In the absence of the Clerk of the Board, a Deputy Clerk of the Board shall be appointed to exercise the duties of the Clerk of the Board. J. Regular Business to Come Before the Board of Directors. Insofar as practicable, all items of business to be taken up at a regular meeting of the Board shall be submitted to the Clerk of the Board, who shall include on the Agenda all such items submitted by Directors, the General Manager and General Counsel, and all formal communications. The Clerk of the Board shall mail to each Director a notice of such regular meetings, together with a proposed Agenda, not later than the Friday immediately preceding such regular meetings. Said Agenda, insofar as possible, shall include copies of Resolutions, except as hereafter provided, and a description of all matters to be considered, together with any pertinent written materials. Agendas shall be posted in a location freely accessible to the public not less than seventy-two (72) hours in advance of the meeting. Resolutions designated as "standard" and adopted by the Board of Directors from time to time, and approved as to form and content, need not be included with said Agenda; provided, however,that the information completing said standard Resolutions shall be set forth on the Agenda listing, and copies of said standard Resolutions shall be on file with the Clerk of the Board at the meeting time and place. OCSD 17-185 Items of business not known at the time the regular Agenda is mailed as herein provided, may be considered as supplemental Agenda items; provided that all requirements of the Ralph M. Brown Act(California Government Code Sections 54950 et seq.) are satisfied. No business, except with consent of two-thirds of the Directors present (a majority of Directors present for emergency actions), and only if permitted by the Ralph M. Brown Act, not appearing on the regular or supplemental Agendas may be brought before the Board of Directors. The meeting Agenda shall provide for an opportunity for members of the public to address the Board on items on the Agenda and non-Agenda items of public interest. As determined by the Chairperson, speakers may be deferred until the specific Agenda item is taken for discussion, and remarks may be limited to three (3) minutes. Speakers on non-Agenda items may address only items that are within the subject matter jurisdiction of the Board of Directors. Time allotted for such presentations is limited to three (3) minutes or less. Total time allotted for all public input on each non-Agenda item is limited to thirty (30) minutes to one (1) hour, taking into consideration the number of persons filing a request to address the Board. However, time allotments may be waived by a majority vote of the Board. K. Handling of Business and Voting. During the course of a Board meeting, routine matters listed on the Agenda for consideration will be referred to by Agenda Item Number only. Voting on all Resolutions shall be by roll call, except if waived by unanimous voice vote, in which event, the Chairperson may order a unanimous ballot cast in favor of the motion or Resolution under discussion. The name of each Director shall be called only once. On matters of considerable interest or on which there appears to be a controversy, the motion or Resolution shall be read by title or repeated by the Chairperson. The Chairperson shall thereafter call for discussion of the motion or Resolution, at which time any member may discuss the pending matter. Any person other than a Director present at the meeting may speak on the motion if recognized by the Chairperson. Sole discretion as to the extent of discussion outside of the membership of the Board shall rest with the Chairperson. At the close of discussion, the Chairperson may, at the Chairperson's discretion, repeat the motion or Resolution pending, and thereafter, call for a vote. The Clerk of the Board shall determine and state whether or not a motion or Resolution is adopted by roll call vote. On all other matters, the Chairperson shall determine the outcome of the voting. L. Committees. (1) Standing Committees. OCSD 17-18-6 (a) Steerinq Committee: There shall be a permanent Committee designated as the Steering Committee, comprised of the Chairperson of the Board, the Vice Chairperson of the Board, the Chairperson of each of the Standing Committees and three at-large members selected by the Chairperson of the Board. The Vice Chairperson of each of the two Standing Committees shall serve as the designated Alternate, in the absence or inability to serve by any Chairperson. In the absence or inability of any designated member of the Steering Committee to serve, his/her city/agency appointed Alternate Director may not serve in that member's absence. The Committee shall conduct an annual performance evaluation of the General Manager and submit recommendations on his/her compensation to the Board of Directors. The Committee shall also review the General Manager's evaluation and compensation of the executive management employees, based on established criteria, and executive management's goals and objectives for the following year. The Committee shall also conduct an annual performance evaluation of General Counsel and submit recommendations to the Board of Directors as provided by Resolution No. OCSD 12-03. The Committee shall make recommendations to the Board of Directors on labor negotiations and other related activities as may be needed or appropriate. The Committee shall also be authorized to assign new subjects of significant importance to the appropriate Standing Committee for study, evaluation and recommendation. The Steering Committee shall meet on the fourth Wednesday of each month at 5:00 p.m. preceding the Board's meeting, or at the call of the Chairperson of the Board of Directors. (b) Administration Committee: There shall be a permanent Administration Committee (Finance &Administrative Services and Human Resources) to advise the Staff and make recommendations on matters related to the financial, budgeting, administrative and personnel policies and programs of the District. The Committee shall review with the Staff the procedures for development, preparation and format of the annual budget and recommend appropriate change, and counsel the Staff during the budget process to assure the proper interpretation and implementation of the Board's policies and that the desired procedures have been followed. The responsibility for consideration and adoption of the District budget rests with the Board of Directors. OCSD 17-18-7 The Committee shall periodically interview and recommend the selection of outside auditors. The Committee shall review the result of the annual audit of the District's accounts with representatives of the outside audit firm, including any comments received recommending improvements. The Committee shall review management's response to these comments and make appropriate recommendations for implementation. Periodically, the Committee shall recommend employment of an outside fine to audit internal control procedures to safeguard the assets of the District. The Committee shall interview and make recommendations on the employment of investment-banking firms, bond counsel and, if necessary or desired, financial advisors, to be used in connection with the District's financing programs. The Committee shall periodically coordinate recommendations on personnel audits of the District's operations or segments of the operations on an as-needed basis. The Committee shall make recommendations on personnel policies and procedures, insurers and coverage, procurement procedures and such other related activities as may be needed or appropriate. The Chairperson of the Board of Directors shall appoint a Committee Chairperson and a Committee Vice Chairperson for the Administration Committee. The Committee Chairperson and Committee Vice Chairperson shall serve at the pleasure of the Chairperson of the Board of Directors. The Administration Committee shall consist of thirteen members, as follows: (1) The Chairperson of the Board of Directors; (2) The Vice Chairperson of the Board of Directors; (3) The Committee Chair of the Administration Committee; (4) The Committee Vice Chair of the Administration Committee; and (5) Nine additional Board members appointed by the Chairperson of the Board of Directors. Other than the Board Chairperson and the Board Vice Chairperson, no Director who serves on the Operations Committee shall be eligible to serve on the Administration Committee. In the absence of the Board Chairperson, his or her alternate Director may attend meetings of the Administration Committee. The Administration Committee shall meet on the second Wednesday of each month at 5:00 p.m., or at the call of its Chairperson. OCSD 17-18-8 (c) Operations Committee: There shall be a permanent Committee designated the Operations Committee (Engineering, Operations & Maintenance and Environmental Services). With the goal of compliance with all public health and environmental laws and regulations, the Operations Committee shall review and submit appropriate recommendations on the matters pertaining to the operation of the District Treatment Works, including such matters as current and projected service/flow needs, level and quality of treatment, conservation, recycling and reuse activities and air quality issues. The Committee shall also review issues pertaining to the District's NPDES Ocean Outfall Discharge Permit, including annual review of the contractor(s) performing the ocean monitoring and research programs required as a condition of said permit, and related issues regarding protection of the marine waters off metropolitan Orange County's coastline from impacts resulting from the District's operations and discharge of treated wastewater. The Committee shall also review matters pertaining to contractual arrangements by the District to provide sewerage services to areas outside the District's boundaries or approved spheres of influence. The Committee shall review plans for the future needs of the District, explore alternatives and make recommendations to the Board of Directors. The Operations Committee shall also review and submit appropriate recommendations on matters pertaining to capital projects which address operational needs, including the selection of professional consulting services to assist in studying, planning and designing needed District Treatment Works and support facilities, including computerized systems, in accordance with the Board's established policies and procedures for procuring such services; the Committee shall further review construction projects for said facilities in accordance with applicable public works laws and Board policies. Said oversight shall include the contracts for professional services and public works construction projects and addenda or change orders thereto. In carrying out its responsibilities, the Committee shall receive advance notice and regular status reports on the projects from Staff, and monitor, visit and observe the District Treatment Works' operational functions and major capital construction projects. The Chairperson of the Board of Directors shall appoint a Committee Chairperson and a Committee Vice Chairperson of the Operations Committee. The Committee Chairperson and Committee Vice Chairperson shall serve at the pleasure of the Chairperson of the Board of Directors. The Operations Committee shall consist of fourteen members, as follows: (1) The Chairperson of the Board of Directors; (2) The Vice Chairperson of the Board of Directors; OCSD 17-18-9 (3) The Committee Chair of the Operations Committee; (4) The Committee Vice Chair of the Operations Committee; and (5) Ten (10) additional Board members appointed by the Chairperson of the Board of Directors. Other than the Board Chairperson and the Board Vice Chairperson, no Director who serves on the Administration Committee shall be eligible to serve on the Operations Committee. In the absence of the Board Vice-Chairperson, his or her Alternate Director may attend meetings of the Operations Committee. The Operations Committee shall meet on the first Wednesday of each month at 5:00 p.m., or at the call of its Chairperson. (d) Legislative and Public Affairs Committee: There shall be a permanent Committee designated as the Legislative and Public Affairs Committee, comprised of the Chairperson of the Board, the Vice Chairperson of the Board, and five at-large members selected by the Chairperson of the Board. The Committee shall advise Staff and make recommendations on matters related to the legislative and public affairs programs of the District. The Legislative and Public Affairs Committee shall meet on the second Monday of each month at 12:00 p.m. or at the call of the Board Chairperson. (2) Special and Ad Hoc Committees. In addition to the Standing Committees, the Chairperson of the Board of Directors, the Chairperson of a Standing Committee or a majority of the Directors, may appoint from time to time, Special or Ad Hoc Committees to study and report on specific matters. Such Committees shall be temporary in nature, and their assignments shall pertain to a current, specific issue. Upon completion of the assigned task, the Ad Hoc or Special Committee will be dissolved. The Chairperson and Vice Chairperson of Special and Ad Hoc Committees shall be appointed by the Chairperson of the appointing authority. Each Special and Ad Hoc Committee shall meet at the call of its Chairperson. M. Alternate Directors: If a regular Director cannot attend a meeting of the Operations Committee, the Administration Committee or the full Board of Directors, the Director's alternate may attend in place of his or her regular Director. An alternate Director may not, however, attend a meeting of any other Committee in the absence of his or her regular Director. If the regular Director and the Alternate Director are both unable to attend the meeting, the regular Director may request that the meeting be teleconferenced. The request may be approved, at the Board Chairperson's discretion, OCSD 17-18-10 provided that all requirements of the Ralph M. Brown Act (California Government Code Sections 54950 et sue.) are able to be satisfied. N. Motion to Refer to a Standing Committee. Any Director at a Board meeting may move to have a policy or any other activity affecting the Sanitation District, or any one of the member Agencies, referred to a Standing Committee for study and report. This motion shall be a privileged motion, and when duly seconded, discussion thereof shall be limited to Directors only. Said motion shall receive an affirmative vote of a majority of the Directors for adoption. Section 2: Procedure for Consideration of Demands for Corrective Action. A. Requirement of Written Demand. Prior to any person commencing a judicial action for injunction or mandamus to declare any action taken by the Board void because of failure to observe Brown Act requirements, such person must first serve upon the Clerk of the Board a written demand describing the alleged violation and demanding corrective action. Such demand must be served upon the Clerk of the Board within thirty (30) days of the complained of action. Failure to serve any such demand within this thirty (30) day period shall result in the loss of any right to challenge any action to have been taken in violation of Sections 54953, 54954.2 or 54956 of the California Government Code. B. Consideration of Corrective Action. Upon receipt of such a demand, consideration of the demand shall immediately be placed on the Agenda for the next meeting of the Board of Directors. If the demand is received less than seventy-two (72) hours prior to the time set for the next meeting, the Board may determine that the notice constitutes the initiation of litigation, and that the need to take action on the threatened litigation arose subsequent to the posting of the Agenda, and may consider it at that meeting pursuant to Section 1(J) above. A description of any item so placed on the Agenda shall include both consideration of the demand, and the possibility of corrective action, by the Board. In considering such demands, the Board shall first determine, by motion, whether corrective action should be taken. If no motion to take corrective action is carried, the Clerk of the Board shall inform the demanding party in writing of the Board's decision not to cure or correct the challenged action. C. Implementing Corrective Action. If a motion to take corrective action passes, the Chairperson may entertain a motion implementing corrective action. Any motion implementing corrective action shall address the concerns raised in the consideration of corrective action. The motion implementing corrective action may include a motion to rescind prior action taken, as appropriate. Passage of a motion to rescind invalidates prior action only as of the time of the passage of the motion, and not from the date of the initial action. A motion implementing corrective action resulting from a written demand is out-of-order if the action complained of(a)was in connection with the sale or issuance of notes, bonds or other evidences of indebtedness, or any contract, agreement or incident thereto; or (b) gave rise to a contractual obligation upon which a OCSD 17-18-11 party has, in good faith, detrimentally relied. In any event, the Board shall notify the party making the demand in writing of its decision to take corrective action, and shall describe any corrective action taken. This notice shall be given to the demanding party as soon as possible after the meeting, but in no event more than thirty (30) days after receipt of the demand. Section 3: Resolution No. OCSD 17-08 is hereby repealed. Section 4: This Resolution shall become effective immediately. PASSED AND ADOPTED at a regular meeting of the Board of Directors hell December 20, 2017. Gr gory bourn, PLS Board Chairman ATT ST: Q K ly A. re CI rk of t e Board APPROVED AS TO FORM: r Br ley . Hogin neral Counsel OCSD 17-18-12 STATE OF CALIFORNIA ) as COUNTY OF ORANGE ) I, Kelly A. Lore, Clerk of the Board of Directors of the Orange County Sanitation District, do hereby certify that the foregoing Resolution No. OCSD 17-18 was passed and adopted at a regular meeting of said Board on the 20t1 day of December 2017, by the following vote, to wit: AYES: Barnes; Beard (Alternate); Bernstein; Collacott; Deaton; Ferryman; Hawkins; Hupp (Alternate); Kim; Krippner; M. Murphy(Alternate); R. Murphy; Nagel; Peotter; Peterson (Alternate); Sebourn; Shaw; F. Smith; Wagner; Wanks; Withers; and Yarc NOES: None ABSTENTIONS: None ABSENT: Shawver; Steel; and Tinajero IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of Orange County Sanitation District this 20th day of December, 2017. Ke ly A. L Cle oft Board of Directors Orange County Sanitation District OCSD 17.18-13 TABLE 1 BOARD PROCEDURES AND ORGANIZATION SUMMARY OF MOTIONS A. PRIVILEGED MOTIONS Kind of Second Vote Motion Required Debatable Amendable Required Purpose Adjourn Yes No No Majority To end the meeting To Take a Yes No No Majority To interrupt a Recess meeting for a short time or to provide an intermission Raise a No No No None To obtain action Question of immediately in an Privilege emergency B. MAIN MOTION AND RELATED SUBSIDIARY MOTIONS Kind of Second Vote Motion Required Debatable Amendable Required Purpose Main Yes Yes Yes Majority To introduce new Motion business Amend Yes Yes Yes Majority To modify or alter a Main motion Motion Substitute Yes Yes Yes Majority To replace the main Motion motion entirely OCSD 17-18-14 Previous Yes No No Majority To close debate on Question the main or amended motion immediately Continue to Yes Yes Yes Majority To defer action a Certain Time To Table Yes No No Majority To discontinue consideration until brought back by vote of the Board Take a Yes No No Majority To bring before the Motion group a motion from the previously tabled Table Limit or Yes No Yes Majority To limit or extend Extend limits of debate Limits of Debate Refer to a Yes Yes Yes Majority To place business in Committee hands of a Committee Withdraw a No No No None To withdraw a Motion motion before it is voted on Reconsider Yes Yes No Majority To secure a new must be vote on a motion by a previously voted Director upon who voted forthe prevailing side on the original motion OCSD 17-18-15 C. INCIDENTAL RULES NON-RANKING Kind of Second Vote Motion Required Debatable Amendable Required Purpose Request to Yes No No Two- To facilitate business Suspend Thirds ordinarily contrary to the Rules the rules of the organization Override Yes No No Majority To have Board Order of majority rule on the the Chair order Point of No No No None To enforce the rules Order of the organization OCSD 17-18-16 LEGISLATIVE AND PUBLIC AFFAIRS COMMITTEE M0 7%gDale To ad.of Dir. 118 AGENDA REPORT Item Item Number 3 Orange County Sanitation District FROM: James D. Herberg, General Manager Originator: Robert P. Ghirelli, Assistant General Manager SUBJECT: OPPOSE ASSEMBLY BILL 327 GENERAL MANAGER'S RECOMMENDATION Approve letter of Opposition for Assembly Bill 327 -South Coast Air Quality Management District: Fleets (Assemblyman Gipson). BACKGROUND Assembly Bill (AB) 327 would place undue burdens on public fleet operators within the South Coast Air Quality Management District (SCAQMD). RELEVANT STANDARDS • Maintain influential legislative advocacy and a public outreach program • Build brand, trust, and support with policy makers and community leaders • Ensure the public's money is wisely spent • Maintain a culture of improving efficiency to reduce the cost to provide the current service level or standard PROBLEM The proposed legislation would strip the Orange County Sanitation District (Sanitation District)of its operational flexibility to manage its own fleet vehicles and would require the Sanitation District to retire and replace no more than 15 percent of their fleet each year. The Sanitation District has recently adopted a fleet replacement program that would replace more than 15 percent of ourfleet in certain years, which is not allowed as this bill is currently written. PROPOSED SOLUTION Staff has drafted a letter of opposition for Assembly Bill 327 for the Committee's consideration. TIMING CONCERNS It is important that the Sanitation District take a position on the letter as soon as possible to ensure that the Sanitation District's position is considered when reviewing the bill. The bill has most recently been heard in the Senate Environmental Quality Committee. Page 1 of 2 RAMIFICATIONS OF NOT TAKING ACTION The bill may be signed into law. ADDITIONAL INFORMATION Currently, the California Association of Sanitation Agencies has taken an Oppose Unless Amended position. PRIOR COMMITTEE/BOARD ACTIONS N/A ATTACHMENT 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: • Letter of Opposition to Assembly Bill 327 • Assembly Bill 327 Page 2 of 2 July 9, 2018 The Honorable Mike Gipson California Stale Assembly State Capitol Building, Room 3173 Sacramento, CA 95814 Re: AB 327 (Gipson) —South Coast Air Quality Management District: Fleets- OPPOSE Dear Assemblyman Gipson: On behalf of the Orange County Sanitation District (Sanitation District), I am writing to oppose Assembly Bill (AB) 327 which would place management restrictions on public fleet operators within the South Coast Air Quality Management District (SCAQMD). This bill includes cumbersome and vague language that will strip the Sanitation District of its flexibility to manage its own fleet vehicles. Existing laws and regulations from the SCAQMD already require that operators undergoing fleet renewal consider purchasing vehicles that operate using fuel alternatives. The Sanitation District goes above and beyond and complies with all regulations set forth by SCAQMD and submits documents annually that certify compliance. Furthermore, the Sanitation District has procured alternative fuel vehicles since 2003 at significant costs in advance of requirements mandated by SCAQMD and has demonstrated its continued leadership in sustainability. This legislation would strip the Sanitation District of its operational flexibility to manage its own fleet vehicles and would require the Sanitation District to retire and replace no more than 15 percent of their fleet each year. The Sanitation District has recently adopted a fleet replacement program that would replace more than 15 percent of ourfleet in certain years,which is not allowed as this bill is currently written. This means we are not required to, but limited to, replacing no more than 15 percent of our fleet. Fleet management must have the flexibility to adjust to changing operational needs, environmental concerns,and budget restrictions. The decision to replace vehicles in a given fleet should be determined by experienced staff of a local agency, not the directive of outside governmental organizations. For these reasons, the Orange County Sanitation District opposes AB 327. Sincerely, Gregory C. Sebourn, PLS Board Chairman AMENDED IN SENATE JUNE 4,2018 AMENDED IN ASSEMBLY MARCH 21,2017 CALIFORNIA LEGISLATURE-2017-18 REGULAR SESSION ASSEMBLY BILL No. 327 Introduced by Assembly Member Gipson (Coauthor: Assembly Member Brough) February 7, 2017 An act t Code, relating to taxation, to take eMet immediately, Tax levy. amend Section 40447.5 of the Health and Safety Code, relating to vehicular air pollution. LEGISLATIVE COUNSEL'S DIGEST AB 327, as amended, Gipson. Sale- and use `axes: pavfttbrokers: tr�fer of vested property.—South Coast Air Quality Management District:fleets. Existing law authorizes the governing board of the South Coast Air Quality Management District to adopt rules and regulations that require specified operators ofpublic and commercial fleet vehicles consisting of 15 or more vehicles, when adding vehicles or replacing vehicles in an existing fleet or forming a new fleet, to purchase vehicles that are capable of operating on methanol or other equivalently clean-burning alternative fuel and that require these vehicles to be operated, to the maximum extent feasible, on the alternativefuel when operating in the south coast district. This bill instead would authorize the governing board of the south coast district to adopt ruler and regulations that require specified operators of public and commercial fleet vehicles consisting of 15 or 97 AB 327 —2— more vehicles to purchase the cleanest commercially available vehicles, as defined, that will meet the operator's operational needs; to require the replacement of no more than 15%of existing vehicles per calendar year,as specified;and to require those cleanest commercially available vehicles to be operated to the maximum extentfeasible, in the south coast district. This bill would make legislative findings and declarations as to the necessity ofa special statute for the south coast district. Existing sales and use tm 1�s inipase a tax on retailers measured by the gross reeeipts from the sale of tangible personal property so! at retail in this state,or on the sterage,"se,or other eort�ptiaft in thit state of fargible personal property ptirehased ftont a retailer for sto.age� use, or other eonsumption in this state. E3 - md "ptirchase" for these purposes md provides certain �elusions from those _G✓t' Existing 1�nagulates pawnbrokers by,�ong othef things,requiring ffery loan made by a pmnbroker for which goods are recciwd pledge as security to be mdeneed by a written contract,a copy of which i s required to be forni shed to the pledgor. Existing 1mv requires the iomt period of a loan eo itraef to be no less than 4 months, and reqttire�� !can eo uraef W set forth the loan pe iod,the date on whieh die loan-is due and payable, m4 to elearly htf�rrn the pledgor o�his or her right to pledged propertr. This bill, tttflil jantiary 1, 2022, wmI4 previde that "sale" an 111,ttrelutse" do not include the trmsfer of vested propertr, as define'd, by a pavvnbroker to a person who pledged the property to the p�nbrokff as security for a loan and from whom title tmnsferred to the p�nbrok� if specified requiremems are met, thus excluding that transfer from. imposition of sales and use t�. as speeifie4, to impose transaetions and ttse taxes in aeeordmee with Sales an4 Use T�x 1=�. Amendments to the Sales and Use T� 1=-,, me automatically incorpomted into the local tax 1�s. Existing im requires the state to reirnburse cities and eotintics f�r revenue losses caused by the enwtunent of sales md use tm�empti�. 97 -3— AB 327 This bill would provide that, notwithstanding these provisions, no appropriation is made and the state shall not reimburse cities and eemities fbr sales and use tax revermes lost by them pursuant to IH� W. This bill would tak effect immediately as a tax levy. Vote: majority. Appropriation: no. Fiscal committee: yes-no. State-mandated local program: no. The people of the State of California do enact as follows: 1 SECTION 1. Section 40447.5 of the Health and Safety Code 2 is amended to read: 3 40447.5. Notwithstanding 4 40447.5. (a) For purposes of this section, the following 5 definitions apply: 6 (1) "Cleanest commercially available vehicle"means a vehicle 7 operated with a fuel or technology that substantially reduces 8 emissions of oxides of nitrogen and is technically feasible, as 9 defined by the south coast district board. 10 (2) "Commercial fleet vehicle," is not limited to a vehicle that 11 is operated for hire, compensation, or profit, and is limited to a 12 vehicle that is under contract or exclusive franchise to a state, 13 regional, or local agency that is any of the following: 14 (A) Light- and medium-duty vehicles. 15 (B) Vehicles used to provide any of the following: 16 (i) Passenger bus transportation. 17 (ii) Solid waste collection. 18 (in) Passenger transportation to and from commercial airports. 19 (iv) Schoolbuses. 20 (v) Sweeping services. 21 (C) Vehicles in a fleet that is carrying out functions that were 22 previously provided by fleets that were owned by a state, regional, 23 or local agency on January 1, 2018,and that is subsequently under 24 contract or exclusive franchise after that date. 25 (3) "Medium-duty vehicle"means a vehicle with a gross vehicle 26 weight rating of more than 6,000 pounds and less than 14,000 27 pounds. 28 (b) Notwithstanding any otherpravision-of law,the south coast 29 district board may adopt rules or regulations that do all of the 30 following: 97 AB 327 —4- 1 (a3 2 (1) Require operators of public and commercial fleet vehicles, 3 consisting of 15 or more vehicles under a single owner or lessee 4 and operating substantially in the south coastdistricumhenaAding 5 vehicles to or replacing vehicles in an existing fleet or purchasing 6 vehicles to form a new fleet,to purchase vehicles which am capable 7 of operating on methanol or other equivalently elean bwaing 8 alternative Rtel and to require district to purchase the cleanest 9 commercially available vehicles that will meet the operator's 10 operational needs and require the replacement of no more than 11 15 percent of eristing vehicles per calendar year with due 12 consideration given to a vehicle's useful life. The south coast 13 district may require that these vehicles be operated, to the 14 maximum extent feasible, 15 in the south coast district. as use d , 16 in this subdivision, the term "commercial fleet vehicles" is act 17 limited to vehicles that an operated for him, eo 18 profit.No A rate or regulation adopted pursuant to this paragraph 19 shall not apply to emergency vehicles operated by local law 20 enforcement , agencies or fire 21 departments or to paramedic and rescue vehicles until the south 22 coast district board finds and determines that the 23 cleanest commercially 24 available vehicles will not impair the emergency response 25 capabilities of those . vehicles. 26 (b) 27 (2) Encourage and facilitate ridesharing for commuter trips into, 28 out of, and within the south coast district. 29 (e) 30 (3) Prohibit or restrict the operation of heavy-duty trucks during 31 the hours of the heaviest commuter traffic on freeways and other 32 high--ttaffie--w1u ne high-traffic-volume highways. In adopting 33 rules and regulations pursuant to this paragraph, the south coast 34 district shall consult with the Department of-Tfansperla4on-arid 35 Ransportation, the Department of the California Highway-Patre} 36 Patrol, and the transportation commission of each county in the 37 south coast district.-Nt,A rule or regulation adopted pursuant to 38 this , paragraph, however, shall not 39 prohibit or restrict the operation of any heavy-duty truck engaged 40 in the hauling of solid or hazardous waste or a toxic substance if 97 -5— AB 327 1 that truck is required to be operated at certain times of the day 2 pursuant to an ordinance adopted for the protection of public health 3 or safety by a city or county or any heavy-duty truck required to 4 be operated at certain times of the day pursuant Section 25633 of 5 the Business and Professions Code. 6 SEC.2. The Legislatumfinds anddeclares that a special statute 7 is necessary and that a general statute cannot be made applicable 8 within the meaning of Section 16 of Article IV of the California 9 Constitution because of the unique needs of the South Coast Air 10 Basin, which is designated as federal extreme nonattainment for 11 ozone. 12 13 mod. 14 60 10.15. (a) "Sale" and "p�ehase" for the purposes of this 15 part do not include the transfer of title to ,ested property b) a 16 pmnbroker to a person who pledged the property to the 17 pa�vnbroker as security for a loan and from whom title to the 18 property transferred to the pawnbroker pursuant to Section 21201 19 ofthe Finaneial Gode,if a4l of the following requirements are met: 20 (1) Re traflsf�r oeews no more titan s x months after title we 21 22 - Seetion 21201 - - Ffflmeial Gode. 23 24 25 balance of the loan, including aeemed eltffges and interest, as of 26 the date the pawnbroker beeetnes vested with title to the property,, 27 togedier widt one of die following! 28 (A) For an original loan amount not exceeding two thousan 29 four hundred ninety nine dollars and ninety wine cents($2,499.99), 30 charges and interest allowable under the loan pursuant to Chapte 31 32 Gode, from the date the pawnbroker is vested with title to the 33 propeii-f W the date 4 the transfer to the person w4te pledged t4te 34 property: 35 36 dollars ($2,500) or mom, ehMes and interest due in aeeordestee 37 with the last moff4tly eentraetual interest rate, from the date the 38 pavftthmker is vested with title to the property until the date ofthe 39 t�sfer to the person who pledged the property. 97 AB 327 —6— 1 (3) The person has proof, such as a receipt or similar document 2 provided to the p�eltaser,that the person originally paid sales t� 3 on-urine,;. 4 . 5 6 o oc 7 8 9 10 on-Jae2022. 11 12 T�afion Code, no appropriation is made by ffiis aet and t4te state 13 14 . 15 SECA. This aet provides fbr a tax levy within the niewting a 16 Artiele 1V of the Galifomia Constitution �d shall go into 17 i. ea ate offe et. O 97 LEGISLATIVE AND PUBLIC AFFAIRS COMMITTEE M0 7%gDale To ad.of Dir. 118 AGENDA REPORT ItemNumber Item Number a Orange County Sanitation District FROM: James D. Herberg, General Manager Originator: Robert P. Ghirelli, Assistant General Manager SUBJECT: SUPPORT SENATE BILL 1440 GENERAL MANAGER'S RECOMMENDATION Approve letter of Support for Senate Bill 1440 - Biomethane Procurement Program (Senator Hueso). BACKGROUND Senate Bill (SB) 1440, would establish a biomethane procurement program to support California's organic waste diversion and methane reduction goals by developing a market for the products created from the diverted organic waste and captured methane. The Orange County Sanitation District (Sanitation District) is upgrading and improving its organic waste process facilities to include a food waste receiving station to help meet California's mandate to reduce the amount of organics entering the landfill. This bill would give the Sanitation District increased flexibility to sell excess renewable energy such as biogas to gas corporations. RELEVANT STANDARDS • Maintain influential legislative advocacy and a public outreach program • Build brand, trust, and support with policy makers and community leaders • Use all practical and effective means for resource recovery PROBLEM The Sanitation District is a leader in wastewaterand organicwaste management including the processing of biosolids and other recyclable materials. This program will be important to the Sanitation District as we work to further our goals of sustainable recycling. PROPOSED SOLUTION Staff has drafted a letterof support for Senate Bill 1440 forthe Committee's consideration. TIMING CONCERNS It is important that the Sanitation District take a position on the proposed legislation as soon as possible to ensure that the Sanitation District's position is considered when Page 1 d 2 reviewing the bill. The bill has most recently been heard in the Assembly Utilities and Energy Committee. RAMIFICATIONS OF NOT TAKING ACTION The bill may not be signed into law. ADDITIONAL INFORMATION Currently, the California Association of Sanitation Agencies and the Bay Area Clean Water Agencies have taken a Support position. PRIOR COMMITTEE/BOARD ACTIONS N/A ATTACHMENT 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: • Letter of Support for Senate Bill 1440 • Senate Bill 1440 Page 2 d 2 July 9, 2018 The Honorable Ben Hueso California Stale Senate State Capitol Room 4035 Sacramento, CA 95814 Re: SB 1440 (Hueso)— Biomethane Procurement Program - SUPPORT Dear Senator Hueso: On behalf of the Orange County Sanitation District (Sanitation District), I am writing in support of your Senate Bill (SB) 1440, which would establish a biomethane procurement program. This procurement program establishes goals for certain gas corporations to collectively procure up to 32 billion cubic feet of biomethane from a variety of in-state resources and adds a requirement to execute procurement contracts for biomethane — creating much needed, longer-term market certainty that current credit driven programs do not provide. The Sanitation District is a leader in renewable energy and resource recovery. As regulatory demands on our community to divert organics from landfills and to reduce short-lived climate pollutant emissions increases,the Sanitation District is upgrading and improving its organic waste process facilities to include a food waste receiving station to help meet these increased demands. The addition of this unit process is expected to facilitate the production of significantly more biogas in the future. This bill would give the Sanitation District increased Flexibility to sell excess renewable energy such as biogas to gas corporations. By creating a procurement program for renewable natural gas (RNG, biomethane or upgraded biogas), SB 1440 will support Cafrfornia's organic waste diversion and methane reduction goals by developing a market for the products created from the diverted organic waste and captured methane. Redeeming refuse (waste-streams) for productive end-use epitomizes sustainability, which will lead to greater integration of renewables, ensures the reliability of our electric grid, and helps decarbonize our gas distribution system in both the residential and commercial sectors of our economy. For these reasons, the Orange County Sanitation District supports SB 1440. Sincerely, Gregory C. Sebourn, PLS Board Chairman AMENDED IN ASSEMBLY JUNE 14,2018 AMENDED IN SENATE MAY 25, 2018 AMENDED IN SENATE APRIL 30,2018 AMENDED IN SENATE APRIL 9,2018 AMENDED IN SENATE MARCH 22, 2018 SENATE BILL No. 1440 Introduced by Senator Hueso (Principal coauthor: Senator Lara) (Principal coauthor:Assembly Member Quirk) (Coauthor:Assembly Member Grayson) February 16, 2018 An act to amend Section 25420 of the Health and Safety Code, to amend Section 40106 of the Public Resources Code,and to add Section 2814 to, and to add Chapter 11 (commencing with Section 2898) to Part 2 of Division 1 of, the Public Utilities Code, relating to energy. LEGISLATIVE COUNSEL'S DIGEST SB 1440, as amended, Hueso. Energy: biomethane: biomethane procurement program. Existing law requires the Office of Environmental Health Hazard Assessment, in consultation with the State Air Resources Board(state board), the Department of Toxic Substances Control, the Department of Resources Recycling and Recovery,and the California Environmental Protection Agency, to compile a list of constituents of concern that could pose risks to human health and that are found in biogas,as defined, at concentrations that significantly exceed the concentrations of those constituents in natural gas. Existing law defines biomass conversion 94 SB 1440 —2— for the purposes of the California Integrated Waste Management Act of 1989, which requires each city, county, and regional agency, if any, to develop a source reduction and recycling element of an integrated waste management plan. This bill would revise the definitions of biogas and biomass conversion for these purposes. Under existing law, the Public Utilities Commission (PUC) has regulatory authority over public utilities, including electrical corporations and gas corporations.Existing law requires the commission to authorize the construction of an interconnection with existing transmission facilities for gas or electricity by a private energy producer upon application of the private energy producer if the commission makes specified findings. Existing law requires the private energy producer to provide and to pay the total cost of the interconnection as well as other specified costs. This bill would require a gas corporation that offers electrical or natural gas service and accepts an interconnection application from a private energy producer to provide the private energy producer with a sourced line-itemjustification,as defined,for the overall estimated cost of the interconnection. By placing additional requirements upon local publicly owned utilities,this bill would impose a state-mandated local program. Existing law requires state agencies to consider and, as appropriate, adopt policies and incentives to significantly increase the sustainable production and use of renewable gas. Existing law requires the PUC, in consultation with the State Energy Resources Conservation and Development Commission and the state board, to consider additional policies to support the development and use in the state of renewable gas that reduce short-lived climate pollutants in the state. This bill would require the state board,in consultation with the PUC, to establish a requirement that all gas corporations with over 100,000 customers, except publicly owned gas utilities, procure biomethane consistent with specified conservation requirements and policies in current law and other requirements. This bill would require the state board, in consultation with the PUC, to update the biomethane procurement program's requirements, and report to the Legislature on the progress toward meeting those requirements, every 5 years. This bill would require the commission to allow recovery in-rates €= as subject to the commission's authority to determine just and reasonable of itwestments for this program when speeified eonditions am met, -3— SB 1440 expendi"es. the rate base of the just and reasonable investment required to interconnect biomethane production to the existingpipeline system, as specified. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason. Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes. The people of the State of California do enact as follows: 1 SECTION 1. Section 25420 of the Health and Safety Code is 2 amended to read: 3 25420. For purposes of this chapter, the following definitions 4 apply: 5 (a) `Biogas" means gas that is produced from the anaerobic 6 decomposition of organic material or the noncombustion thermal 7 conversion of eligible biomass feedstock consistent with Section 8 40106 of the Public Resources Code. 9 (b) `Biomethane"means biogas that meets the standards adopted 10 pursuant to subdivisions(c)and(d)of Section 25421 for injection 11 into a common carrier pipeline. 12 (c) `Board"means the State Air Resources Board. 13 (d) "CalRecycle"means the Department of Resources Recycling 14 and Recovery. 15 (e) "Commission"means the Public Utilities Commission. 16 (f) "Common carrier pipeline"means a gas conveyance pipeline, 17 located in California,that is owned or operated by a utility or gas 18 corporation, excluding a dedicated pipeline. 19 (g) "Dedicated pipeline" means a conveyance of biogas or 20 biomethane that is not part of a common carrier pipeline system, 21 and which conveys biogas from a biogas producer to a conditioning 22 facility or an electrical generation facility. 23 (h) "Department' means the Department of Toxic Substances 24 Control. 25 (i) "Gas corporation"has the same meaning as defined in Section 26 222 of the Public Utilities Code and is subject to rate regulation 27 by the commission. SB 1440 —4- 1 0) "Hazardous waste landfill' means a landfill that is a 2 hazardous waste facility, as defined in Section 25117.1. 3 (k) "Office"means the Office of Environmental Health Hazard 4 Assessment. 5 (t) "Person" means an individual, trust, firm, joint stock 6 company, partnership, association, business concern, limited 7 liability company,or corporation."Person"also includes any city, 8 county,district,and the state or any department or agency thereof, 9 or the federal government or any department or agency thereof to 10 the extent permitted by law. 11 SEC. 2. Section 40106 of the Public Resources Code is 12 amended to read: 13 40106. (a) "Biomass conversion' means the production of 14 heat, fuels, or electricity by the controlled combustion of, or the 15 use of other noncombustion thermal conversion technologies on, 16 the following materials, when separated from other solid waste: 17 (1) Agricultural crop residues. 18 (2) Bark, lawn,yard, and garden clippings. 19 (3) Leaves, silvicultural residue, and tree and brush pruning. 20 (4) Wood, wood chips, and wood waste. 21 (5) Nonrecyclable pulp or nomecyclable paper materials. 22 (6) Livestock waste. 23 (7) Municipal sewage sludge or biosolids. 24 (8) Diverted organic waste. 25 (9) Organic industrial food processing residues. 26 (b) `Biomass conversion' does not include the controlled 27 combustion of recyclable pulp or recyclable paper materials, or 28 materials that contain industrial sludge,medical waste,hazardous 29 waste,or either high-level or low-level radioactive waste. 30 (c) For purposes of this section, "nonrecyclable pulp or 31 nonrecyclable paper materials" means either of the following, as 32 determined by the department: 33 (1) Paper products or fibrous materials that cannot be 34 technically, feasibly,or legally recycled because of the manner in 35 which the product or material has been manufactured, treated, 36 coated, or constructed. 37 (2) Paper products or fibrous materials that have become soiled 38 or contaminated and as a result cannot be technically, feasibly,or 39 legally recycled. -5— SB 1440 1 SEC. 3. Section 2814 is added to the Public Utilities Code,to 2 read: 3 2814. (a) A gas corporation that offers natural gas service and 4 accepts an interconnection application from a private energy 5 producer shall provide the private energy producer with a sourced 6 line-item justification for the overall estimated cost of the 7 interconnection. 8 (b) For the purposes of this section, "sourced line-item 9 justification" means a document that, on separate lines, breaks 10 down the estimated cost of the interconnection, including,but not 11 limited to, the price of labor, materials,and third-party charges. 12 SEC.4. Chapter 11 (commencing with Section 2898)is added 13 to Part 2 of Division 1 of the Public Utilities Code,to read: 14 15 CHAPTER 11. BIOMETHANE PROCUREMENT PROGRAM 16 17 2898. For the purposes of this chapter: 18 (a) "Biogas"has the same definition as in Section 25420 of the 19 Health and Safety Code. 20 (b) `Biomethane"means biogas that meets the standards adopted 21 pursuant to subdivisions(c)and(d)of Section 25421 of the Health 22 and Safety Code for injection into a common carrier pipeline. 23 (c) "Codigestion" means the anaerobic digestion of multiple 24 biodegradable substrates or feedstocks. 25 2898.1. (a) On or before January 1, 2020, the State Air 26 Resources Board,in consultation with the commission,shall adopt 27 a biomethane procurement requirement for gaseorporatiens each 28 gas corporation with over 100,000 customers,except ocal publicly 29 owned-gas-utilities. to annually procure its proportionate share 30 of a total of 32 billion cubic feet of biomethane statewide until 31 January 1, 2030. The program shall be known and may be cited 32 as the Biomethane Procurement Program. The Biomethane 33 Procurement Program requirements shall be consistent with all of 34 the following: 35 (1) The organic waste diversion requirement of Section 39730.6 36 of the Health and Safety Code. 37 (2) The requirements of the California Renewables Portfolio 38 Standard Program(Article 16(commencing with Section 399.11) 39 of Chapter 2.3 of Part 1). 40 (3) The requirements of Section 399.12.6. SB 1440 —6- 1 (b) In adopting the biomethane procurement requirements,the 2 State Air Resources Board and the commission shall ensure all of 3 the following: 4 (1) Appropriate allocations by the organic waste sector to meet 5 the requirements of Section 39730 of the Health and Safety Code 6 and state policies to reduce greenhouse gases. 7 (2) Consistency with the recommendations of the California 8 Council on Science and Technology pursuant to Section 784.1. 9 (3) A gas corporation shall meet the biomethane procurement 10 program's requirements through contracts with terms of no fewer 11 than 10 years,formed pursuant to a competitive solicitation process 12 or a bilateral agreement. 13 (4) (A) Adoption of targets for specific sectors, including, but 14 not limited to,landfill gas,livestock waste,diverted organic waste, 15 and wastewatertreatment,treatment, and organic industrial food 16 processing. 17 (5) 18 (B) In adopting the targets-in-paragraph-(4),, pursuant to this 19 paragraph, the State Air Resources Boarder shall: 20 (i) Adopt a declining target for landfill gas in accordance with 21 achieving the goals outlined in Section 39730.6 of the Health and 22 Safety Code. 23 (ti) Prioritizefeedstocks with the highest reductions in methane 24 emissions,while ensuring a balanced and diverse overall portfolio 25 ofresources and an increase in the beneficial use ofinethane from 26 organic sources. 27 (C) The State Air Resources Board shall allow the use of 28 codigestion to meet the targets for specie sectors adopted 29 pursuant to this paragraph. 30 (6) 31 (5) Additions to the environmental benefits of existing state 32 biogas or biomethane programs, rules, or regulations, including, 33 but not limited to, furthering the purposes of methane reductions 34 required in Section 39730.5 of the Health and Safety Code. 35 (7) 36 (6) That utilities do not unfairly compete with nonutility 37 enterprises. 38 (c) (1) The overall procurement mandate for biomethane across 39 all commercially available sectors shall be determined by the State -7— SB 1440 1 Air Resources Board, in consultation with the commission, and 2 initially be set to 32 billion cubic feet. 3 (2) The overall procurement mandate for biomethane generated 4 using nascent technologies-or and other technologies not included 5 in paragraph (1), including those using forest and agricultural 6 biomass as a fuel source or others consistent with Section 40106 7 of the Public Resources Code, shall initially be set to up to two 8 billion cubic feet. The State Air Resources Board and the 9 commission shall limit the cost impacts of this paragraph to the 10 maximum extent possible while also encouraging the development 11 of new technologies to generate biomethane. 12 (d) The State Air Resources Board, in consultation with the 13 commission,shall review and,if necessary,update the biomethane 14 procurement program requirements,and report to the Legislature, 15 pursuant to Section 9795 of the Government Code,on the progress 16 toward meeting the program requirements,at least once every five 17 years,with the first review concluding before January 1,2025. 18 (e) (1) The commission shall allow reemery in rates of the 19 20 21 22 23 itnerests of all elasses of ratepayers. 24 (2) The following i�estments shall be eligible for reeavery: 25 (A7) Fifty ".1—A of the direct investment in infrastrueftre 26 neeessary to aeltieve interconnection from the natural gas 27 28 the point of receipt. The 1 to equipment 29 that monitors gas qualitr,prevents noncompliant gas from entering 30 the common carrier system, and meters and odorizes gas. 31 (B) Gthef investments the commission determines support the 32 ptnroses of this ebapter. 33 (3) Utility in�estment shall be limited to three million dollars 34 35 36 37 ef the resale value of the biomethme it procures shall be allocate—j 38 as a fully nonbypassable charge to the gas corporation's customers, 39 including both core and noncom customers, subject to the 40 commission's authority to determine just and reasonable W SB 1440 —8— 1 3 4 received ammially by a gas corporation as a result of the direet 5 allocation of gmenhouse gas allowames to natural gas sttppliers� 6 pursuant to subdivision (f) of Section 95890 of Title 17 of the 7 Galif�rnia Code of Regulations, to be esed to offset the eosts e 8 9 10 11 12 ($15)per million British aermal units above t4te�erage?iatiomt4 13 Gas index price, a gas be required to 14 pmewe gas above that cost to comply with this prognm. 15 (i) it is not the intent ofthe Legislature in enaetirg this ehapter 16 , 17 rules, or 18 2898.2. (a) The commission shall approve, or mods and 19 approve, a gas corporation's application to recover in the rate 20 base the just and reasonable investment required to interconnect 21 biomethane production to the existing pipeline system, including 22 thejust and reasonable itmestmentfor thepoint ofreceipt and any 23 downstream facilities required to facilitate the receipt of 24 biomethane, with full cost recovery from the gas corporation's 25 customers, including both core and noncore customers. 26 (b) Any costs incurred by a gas corporation to comply with the 27 biomethaneprocurementprograms requirements that are in excess 28 ofthe resale value ofthe biomethane itprocuredshallbeallocated 29 asafullynonbypassablefixed charge oranonbypassabledemand 30 differentiated fixed charge to the gas corporation's customers, 31 including both core and noncore customers, subject to the 32 commission's authority to determine just and reasonable 33 expenditures pursuant to Article 1 (commencing with Section 451) 34 ofthe Public Utilities Code. 35 (c) Consistent with this section, the investments shall be 36 recoverable in rates and considered a public good to all classes 37 of ratepayers and in the interests of all classes of ratepayers. 38 (d) In order to prevent unfair competition by the utility against 39 nonutility enterprises, the commission shall consider modifying 40 and extending the monetary incentive program for biomethane -9— SB 1440 1 projects adopted in Decision 15-06-029(June 11,2015),Decision 2 Regarding the Costs of Compliance with Decision 14-01-034 and 3 Adoption of Biomethane Promotion Policies and Program, to 4 provide equal benefits to projects under that program and this 5 section. 6 (e) The commission shall require 15 percent of revenues 7 received annually by a gas corporation as a result of the direct 8 allocation ofgreenhouse gas allowances to natural gas suppliers, 9 pursuant to subdivision (fl of Section 95890 of Title 17 of the 10 California Code of Regulations, to be used to offset the costs of 11 procuring biomethane to meet the requirements of this chapter. 12 (n Notwithstanding any otherprovision ofthis chapter, both of 13 thefollowing shall apply: 14 (1) If, after taking into account the value received by a gas 15 corporation upon any resale of biomethane, including any 16 environmental credits associated with that biomethane, the cost 17 to the gas corporation of the biomethane purchased to comply 18 with the biomethane procurement program exceeds an average 19 cost offifteen dollars($15)permillion British thermal units above 20 the average National Gas Index price, then the gas corporation 21 shall no longer be required to procure gas above that cost to 22 comply with this program. 23 (2) If, after taking into account the value received by a gas 24 corporation upon any resale of biomethane, including any 25 environmental credits associated with that biomethane, the gas 26 corporation's total annual costs to comply with the biomethane 27 program exceeds 5 percent of its revenue requirement for that 28 year, then the gas corporation shall no longer be required to 29 procure additional gas to comply with the program for that year. 30 SEC. 5. No reimbursement is required by this act pursuant to 31 Section 6 of Article XIIIB of the California Constitution because 32 a local agency or school district has the authority to levy service 33 charges, fees, or assessments sufficient to pay for the program or 34 level of service mandated by this act,within the meaning of Section 35 17556 of the Government Code. O LEGISLATIVE AND PUBLIC AFFAIRS COMMITTEE M0 7%gDale To ad.of Dir. 118 AGENDA REPORT ItemNumber Item Number s Orange County Sanitation District FROM: James D. Herberg, General Manager Originator: Robert P. Ghirelli, Assistant General Manager SUBJECT: PUBLIC AFFAIRS UPDATE GENERAL MANAGER'S RECOMMENDATION Information Only. BACKGROUND Staff will provide an update on recent public affairs activities. RELEVANT STANDARDS • Maintain influential legislative advocacy and a public outreach program • Build brand, trust, and support with policy makers and community leaders • Maintain collaborative and cooperative relationships with regulators, stakeholders, and neighboring communities PROBLEM Many of the people who live or work in Orange County are not aware of the Orange County Sanitation District (Sanitation District) and the important work we do to keep the environment clean by using wastewater byproducts to create energy, clean water, and the use of biosolids as fertilizer. Additionally, they are not aware that more than 50 percent of the wastewater is recycled and used to replenish the Orange County Groundwater Basin, providing enough water for approximately for 850,000 people in Orange County. In general, the community and businesses do not realize that when they improperly dispose of waste into the sanitation system, it can negatively affect the work we do and the quality of water we supply for the Groundwater Replenishment System. PROPOSED SOLUTION By providing tours, community outreach education, and general communication via the Sanitation District's website, social media outlets, and mainstream media, we have the ability to have dialogue with the community, local agencies, and businesses on the What2Flush program, energy production, water recycling, biosolids, and our source control program. This, in turn, results in a better quality of wastewater, and a more informed community. Page 1 of 3 TIMING CONCERNS N/A RAMIFICATIONS OF NOT TAKING ACTION If we do not educate the community, local agencies, and area businesses about the Sanitation District, we lose an opportunity to educate thousands of people about our plants, source control, and the wastewater industry as a whole. PRIOR COMMITTEE/BOARD ACTIONS N/A ADDITIONAL INFORMATION June 2018 Activity # # of Guests OCSD/OCWD Tours 6 113 OCSD Tours 4 59 Speaking Engagement 3 165 *Due to it being summer, June is one of our slower months for tours. Items of Interest for June 2018 Partnership with Inside the Outdoors Exceeds Expectations The Sanitation District entered its fourth year of partnership with Inside the Outdoors, a program within the Orange County Department of Education to help promote our Sewer Science program, and the Drip Drop Traveling Scientist program to students within our service area. This year, Inside the Outdoors went above the targeted number of 1,700 and reached 2,780 students. This program provides an opportunity to introduce the subject of wastewater treatment into our school system and has expanded the Sanitation District's tour program to students who would not have otherwise known about the important role we play. The Sanitation District Presents at CSDA on Transparency for Special Districts Identified by the Little Hoover Commission as "the workhorses of public service delivery", each day over 2,000 special districts are directly responsible for the economic, social, and environmental success of California. Yet many of the 40 million customers we proudly serve do not know the essential services we provide. Jennifer Cabral, Public Affairs Supervisor, co-presented with Delta Diablo Water District at the California Special Districts Association Annual General Manager's Summit on tools and best practices to increase the visibility of our special districts and improve transparency on the fiscal responsibility. Page 2 of 3 MvOCSD Redesign The Sanitation District employees are our first line of defense and the agency ambassadors. It is imperative that we ensure the most current and relative information is available and easy to read and understand. Starting in July, Sanitation District employees will notice a change to the homepage of our internal website, MyOCSD. The homepage has a new look and feel and is more interactive with a 'like" and "commenting" feature that will allow more engagement and dialogue with our employees. Also, quick links such as the phonebook, timecard, and others will still be easily accessible and more functional. CEQA N/A FINANCIAL CONSIDERATIONS N/A ATTACHMENTS The following attachments are attached in hard copy and may also be viewed on-line at the OCSD website (mm w.ocsd.coml with the complete agenda package: • Outreach Calendar June 2018 • Media Clips June 2018 Page 3 d 3 OCSD Outreach Report 6/18/2018 Date Time Organization/Event Location Purpose Attendee Contact 6/6/2018 1600- 1700 Plant Tour Boardroom Operations Committee to EMT Tour Guides Cheryl Scott tour P1- 101, 14 attendees. 6/14/2018 900- 1030 Plant Tour Boardroom Vanguard Nursing Tour. Nasrin Nasrollahi Tour Cheryl Scott 16 guests Guide 6/20/2018 1500- 1630 Plant Tours Room A Webelo Cub Scout tour. Courtney Light Tour Guide Cheryl Scott 12 guests. 6/21/2018 1500- 1630 Plant Tour Boardroom Cub Scout Tour. 20 guests Brian Bingman Tour Guide Cheryl Scott 6/22/2018 900- 1030 Plant Tour Boardroom USFCA Nursing tour. 25 Belen Carrillo Tour Guide Cheryl Scott students 6/26/2018 900- 1030 Plant Tour Boardroom CSUF Nursing Tour. 15 Ann Craton Tour Guide Cheryl Scott guests 6/26/2018 900- 1200 Speaking Engagement Tahoe, CA CSDA GM Leadership Jennifer Cabral Speaker Cheryl Scott Summit Speaking Engagement 6/27/2018 900- 1030 Plant Tour Boardroom CSUF Nursing tour. Ann Crafton Tour Guide Cheryl Scott 6/29/2018 900- 1030 Plant Tour Boardroom West Coast Univ. Nursing Belen Carrillo Tour Guide Cheryl Scott tour. 7/6/2018 1400- 1530 Plant Tour Boardroom Chapman University Tour. Sharon Yin Tour Guide Cheryl Scott 15 Students 7/12/2018 1200- 1300 Speaking Engagement La Habra La Habra Rotary Jim Herberg Speaker Cheryl Scott Presentation 7/13/2018 900- 1030 Plant Tour Boardroom North Orange County Lisa Frigo Tour Guide Cheryl Scott Chamber tour. 20 guests 7/18/2018 1130-30 Speaking Engagement Dave and Speaking Engagement for Rob Thompson Speaker Cheryl Scott Busters Orange County Water Association. 6/18/2018 1:49:59 PM OCSD Outreach Report 6/18/2018 Date Time Or anization/Event Location Purpose Attendee Contact 7/18/2018 900- 1030 Plant Tour Boardroom OCBC Meeting and Tour. Jim Herberg/Laura Cheryl Scott Maravilla Speakers&Brian Bingman Tour Guide 7/18/2018 1100- 1200 Speaking Engagement Orange OC Water Association Jennifer Cabral and Rob Cheryl Scott Thompson Speakers 7/18/2018 1130- 1330 Westminster Safety Day Sigler Park Outreach booth at Various OCSD Employees Cheryl Scott Westminster Safety day 7/31/2018 900- 1030 Plant Tour Boardroom New Employee/Open to Ann Crafton Tour Guide Cheryl Scott the Public Tour 6/18/2018 1:49:59 PM Monthly News Clippings G�JN�V S A N I TgT�Oy = 9 Q 2 c� o � FCTi� �E June 2018 OCSD Public Affairs Office Table of Contents DESALINATION................................................... .....................PAGE 'I June 6, 2018 Desalination would provide an eco-friendly, local, drought-proof water supply to South County South Coast Water District GW RS...................................................................................PAGE 4 June 5, 2018 Where Water is Scarce, Communities Turn to Wastewater By: Jacques Leslie Green Building Advisor June 11, 2018 Water Scarcity: Powerful motivator Water&Wastewater Asia HUMAN INTEREST................................................... .................PAGE 13 May 31, 2018 The Orange County Sanitation District Protects the Pacific Ocean By: Kathryn Beechinor and Jennifer Cabral Orange County Water District June 6, 2018 Trump and Pruitt are Waging an All-Out Attack: Inside the Battle to save California's Water By: Bruno Navasky Vanity Fair HUMAN INTEREST CONT...........................................................PAGE 26 May 31, 2018 Two Doctoral Students Studying Novel Membrane Technologies Receive the 2018 AMTA-NWRI Fellowship Award Water OnLine TWITTER POSTINGS ................................................... .............PAGE 28 FACEBOOK POSTINGS ............................................................PAGE 33 South Coast Water District June 6, 2018 •. I a South Coast Water District Desalination would provide an eco-friendly, local, drought-proof water su 1 to South Coun Lk �. _ l� Desalination uses reverse osmosis technology to transform ocean water into high- quality drinking water. Recently, two opinion pieces were posted regarding proposed desalination at the Poseidon Huntington Beach facility. The first by Orange County Water District President Denis Bilodeau defended the need for desalination. The second by Irvine Ranch Water District General Manager Paul Cook stated that "Seawater desalination is not a solution that fits our problem; groundwater storage is the correct solution." Often, South Orange County is lumped into a discussion of North County water needs by use of the description "Orange County." It is critical when discussing water that the correct geographic areas must be used and defined. North and Central Orange County's water supply is drastically different from Sorth Orange County. 1 "Northern Orange County is blessed with a large and well-maintained aquifer. Like a savings account, an aquifer is a great place to save up for a day when you might run a bit short. "—IRWD General Manager Paul Cook. The difference between North and South South Orange County is not as fortunate as the north in two very critical ways. First, South Orange County has little to virtually no aquifers. We obtain 85 to 100 percent of our water from the Colorado River or Northern California. North Orange County gets 75 percent or more of their water from groundwater aquifers. Second, in North and Central Orange County, sewage travels to one central location for treatment. It is the job of the Orange County Sanitation District (OCSD) to recycle the sewer water. After treating the sewage, OCSD then sends 100 million gallons per day of recycled water to the Orange County Water District. There, the water receives advanced treatment. OCSD then injects the recycled water into large aquifers. The water is further filtered through the aquifer and later used for drinking water. The purified water provides enough water for 850,000 residents each year. Our wastewater treatment plants are located throughout South Orange County. This makes it difficult for us to model North Orange County's sewer water recycling. Replicating their system could be cost prohibitive. South Orange County's Water Reliability Here at South Coast Water District (SCWD), we have projects to help us reduce our reliance on imported water. More than four decades ago, South Orange County led the way by using recycled water for irrigation. "Purple pipes" sprouted up throughout the county, and now make up 15 percent of SCWD's water supply. We continue to expand our programs to use as much recycled water as possible. During the past 20 years, new technology made conserving water easier. Many homeowners installed ultra low-flow toilets, water sense products, weather-based irrigation controllers, and other tools to cut water use. Others installed artificial turf and drought-tolerant gardens. These savings add up to nearly a billion gallons of water each year. The San Juan Basin Authority, a group made up of South County water agencies— including SCWD, also plans to decrease reliance on imported water. The goal is to make more groundwater available to our region by capturing more of the runoff from the north. SCWD is a 20 percent partner in this effort. 2 All water agencies are actively seeking ways to lessen our dependence on imported water. All new projects are needed to meet Orange County's water demand. South Coast Water District's Goals South Coast Water District's goal is to diversify our water portfolio for three critical reasons. First, we want to be ready for the "Big One" that will come. Second, we want to create a high quality, drought-proof, and locally controlled water supply. We don't want to be severely limited or cut off from water supplies. And the last reason is a financial concern: We must insulate the District from significant price hikes of imported water due to water to vulnerabilities in the Bay-Delta and Colorado River shortages, or extreme water conservation. Desalination South Coast Water District is considering a project to build an ocean water desalination facility in Dana Point. The facility would have an initial capacity of up to five million gallons per day (MGD) with potential for future expansions up to 15 MGD. The project would create a critical community benefit: a reliable, local and drought- proof water supply that does not rely on expensive imported water and is environmentally friendly. In addition to providing a local, reliable and secure water supply for the District, the desalination facility would also provide emergency backup water supplies, should delivery of imported water be disrupted. Using environmental friendly slant well technology, located beneath the ocean floor, the proposed project would draw water from beneath the ocean floor to the desalination facility site. The project conforms to the State Water Board's California Ocean Plan. It specifies the type of location and technology proposed for new desalination plants. The State even awarded the project a $10 million grant this year. The grant, which is contingent upon receiving regulatory permits, was the only one awarded to an ocean desalination project; the other seven would all draw on brackish water inland from the ocean. It's human nature to lump similar things in with each other. However, in this case, it is crucial to realize that South County and North County have different topographies resulting in a different infrastructure. South Orange County lacks an aquifer to hold our water. "Northern Orange County is blessed with a large and well-maintained aquifer." 3 Green Building Advisor June 5, 2018 http://w .greenbuildingadvisor.mm/ Where Water Is Scarce, Communities Turn to Wastewater As the era of dam building winds down, some regions turn to local and less expensive methods to deliver drinking water POSTED ON JUN 5 2018 BY JAC UES LESLIE In Orange County, California, 130 million gallons of drinking water will be generated from wastewater daily by 2023. The county water district is already the world's largest operator of a wastewater-to-drinking-water plant. This post originally appeared at Yale Environment 360. When California's Orange County Water District began distributing drinking water derived from sewage in the mid-1970s, it acted out of simple need. The aquifer it relied on for most of its drinking water had been so overdrawn that saltwater from the nearby Pacific Ocean was seeping into it, and allocation limits prevented increases in exports from the Colorado River and Sierra Nevada Mountains, sources of the rest of the district's water. Orange County was then a bastion of political conservatism, not the sort of place associated with environmental innovation, but water scarcity is a powerful motivator. To make the idea more palatable to consumers squeamish about drinking what was formerly sewage, the 4 district treated the wastewater, then stored it in the local aquifer to dilute and further cleanse it before withdrawing it for use. The district soon became operator of the world's largest wastewater-to-drinking-water plant, a distinction it still holds. By the time the district completes its next planned expansion in 2023, the system will generate 130 million gallons of drinking water a day, enough to serve about 1 million of its 2.5 million customers and more than four times the production of the world's second-largest sewage-to-drinking-water facility, in Singapore. More significantly, the district represents the vanguard of a paradigm shift in water storage and conservation in areas where scarcity is a major threatin the U.S. West and Southwest, assorted other states, and many nations. It's a move away from reliance on distant dams and reservoirs and towards methods that can be developed locally—not just wastewater recycling but aquifer recharge and storage, stormwater capture, desalination, and smart-meter-based leak detection. Compared to dams, the new sources are small, local, decentralized, and custom-designed to fit the hydrological and demographic conditions of their locale. Numerous nations are participating in this shift. The Namibian capital of Windhoek has been turning its wastewater into drinking water since 1968. Australia has developed an array of innovative techniques to increase its water supply, notably including "sewer mining" — the use of small-scale, modular units to treat and reuse wastewater at the site where it is generated. Israel now reuses nearly 90% of its wastewater, more than any other nation. The latest methods are considered more reliable than reservoirs, whose water supply varies with precipitation levels and season. In the era of climate change, dams are increasingly vulnerable to drought and evaporation, while the supply of, say, urban wastewater stays roughly constant. Because most of the storage techniques mimic or reinforce natural processes instead of opposing them, as dams do, at worst they cause minimal environmental disruption and at best they generate substantial benefit. Water prices are often lower Most of them also deliver water at prices that are lower, sometimes by multiples, than water delivered from dams — and the disparity is likely to increase. California, for example, has 5 1,400 large dams; the 1,401st is not likely to find an advantageous site, so water from it will be costly. In contrast, the new approaches are benefiting from innovations in fields like membrane technology that can improve water treatment effectiveness. And unlike water from distant dams, local storage and recycling practices don't require pumping over long distances, making them more energy-efficient. As it stands, water conveyed from faraway rivers and reservoirs to the Orange County Water District costs $1,000 per acre-foot; the unsubsidized cost of its recycled water is $850 per acre-foot. "There's a shift currently away from large dams especially, particularly in nations like the U.S. where there is already a lot of infrastructure in place and we've used the most efficient dam sites," said Erin Bonney Casey, research director at Bluefield Research, a Boston-based market research firm that focuses on water management issues. In wastewater recycling alone, Bluefield expects U.S. investment to reach $21.5 billion over the next decade. A Bluefield study last year found that in a ranking of the current cost of water delivered from six technologies, dams and reservoirs were the second-costliest. From cheapest to most expensive,the progression goes: smart-meter leak detection, desalination of brackish water(usually in aquifers), wastewater recycling, stormwater capture, reservoirs, ocean desalination. Even ocean desalination is likely to get cheaper as filtration technologies improve, while new dam water gets more expensive. Dam era wanes Not by coincidence, the new approaches have emerged as the dam era has waned. In California, the leading state in development of many of these strategies, no new storage dams have been built since 1978, but according to a peer-reviewed paper by water policy consultant Barry Nelson, adoption of the new methods has caused California's water storage to increase since then by a "capacity greater than that of Lake Shasta," the state's largest reservoir. The new approaches have captured relatively little public attention, partly because they lack the monumental appearance of dams and instead function largely out of sight. That's partly why California policymakers still are considering new dams even though their cost alone 6 ought to disqualify them. "We've been building a new generation of storage projects for 40 years," Nelson told me, "and the policy debate has just not caught up." Most of the increased capacity that Nelson's paper documents entails storing water in the emptied parts of overdrawn aquifers, which amount to millions of acre-feet. In addition to augmenting water supply, filling these aquifers provides environmental benefit: their water quality usually improves as levels inside them rise, and the higher levels prevent soil compaction and surface subsidence, which eventually occurs when aquifers are left unfilled. Even taking compaction into account, the volume of unused aquifer storage in California is three times the storage volume of all of California's surface reservoirs and lakes. "It's sitting there waiting to be recharged," said Daniel Mountjoy, resource stewardship director at Sustainable Conservation, a San Francisco-based nonprofit that promotes an aquifer storage process called "on-farm recharge" in California's San Joaquin Valley. "It's free storage, and if we don't fill it, we're going to lose it." The simplest way to recharge aquifers is to do it the natural way, by flooding the ground over them. Before the advent of industrial society, big storms caused rivers to flood, and the floods covered adjacent ground. Mountjoy's organization is tracking more than 200 farms whose owners have agreed to allow flooding in wet years on a fraction of their land in return for water delivered at no or reduced cost. Water for farms is customarily released from dams and distributed through large aqueducts to smaller canals that link to individual farms; the capacity of those canals is the biggest constraining factor in on-farm recharge. Benefits of recharging aquifers But even without expanding the canals' volume, a 2015 study by RMC Water and Environment, a California consulting firm, found that recharge from November to March could reduce the region's overdraft by 12% to 20%, and inclusion of additional months of recharge could hike that number to 30%. According to Mountjoy, water collected in this way costs only $46 to $120 per acre-foot, as little as a thirtieth of the estimated cost of water from the proposed Temperance Flat Dam on the San Joaquin River. 7 This farm in Fresno County, California, was flooded last year with water from the nearby Kings River to replenish the aquifer below. [Photo credit: Sustainable Conservation] Where adverse soil composition prevents aquifer recharge by flooding, the use of"recharge wells" — wells designed to pump or drain water into aquifers — has spread. R. David G. Pyne, an engineer who pioneered the storage and withdrawal of water in aquifers for human use — a practice known as "aquifer storage and recovery," or ASR — estimates that at least 140 recharge well fields have been installed in about 25 states, and the technique is being used in about 15 other countries, including Australia, Bangladesh, Canada, England, Israel, and New Zealand. Pyne believes that usable aquifers exist in most states, but so far only a few — New Jersey, Arizona, California, Colorado, and Florida — have used them extensively. The most common application of ASR is to make aquifers that contain contaminants such as salt suitable for storage. Some clean water is pumped into the aquifer to act as a buffer by pushing contaminated water to the sides of the aquifer; more clean water is then added to the aquifer's center, where it remains untainted. "There's a lot of interest by folks who 20 years ago wouldn't give you the time of day," Pyne said, "but now they're realizing that if they want to sustain growth in major urban areas, they've got to do something different." 8 Stormwater capture and leak detection Reversing its traditional approach to stormwater, the city of Los Angeles is now pioneering stormwater capture. Through most of the twentieth century, Southern California cities tried to prevent flooding by turning rivers into concrete watercourses that hastened flow into the Pacific Ocean. Meanwhile, they spent lavish sums to import drinking water from elsewhere in California. Marking the definitive end of that approach, Los Angeles mayor Eric Garcetti issued a directive in 2014 to cut purchases of imported water in half within a decade. Now the city is redesigning roads, parks, and other surfaces to absorb as much water as possible so that it seeps downward into aquifers, thereby reducing flooding, cleansing itself, and becoming available for reuse. A joint 2014 study by the Natural Resources Defense Council and the Pacific Institute found that stormwater capture in the San Francisco Bay Area and urban portions of Southern California possesses the potential to increase water supplies by as much water as is used by the entire city of Los Angeles in a year. Even leak detection can play a significant role in increasing water supply, particularly in eastern U.S. cities whose aged pipes may lose as much as 30% of the water passing through them. A 2004 California law requires the state's urban water utilities to install smart meters for all customers by 2025. As of 2016, about 35% of U.S. water utilities had already installed automated metering systems, according to a study by West Monroe Partners, a consulting firm. In many places, the biggest obstacles the new approaches face are regulatory, not technological. For instance, only one state, Texas, now allows distribution of treated wastewater directly into potable water systems. As a result, two Texas cities, Wichita Falls and Big Spring, operate the only "direct potable reuse" systems in the country. Eleven states allow "indirect potable reuse" — the process that the Orange County Water District uses, in which treated wastewater is stored in aquifers before being distributed as drinking water. Some non-potable reuse systems take advantage of lower purification requirements to provide water for industry, agriculture, and recreational facilities such as golf courses. But the cheaper cost of treatment is counterbalanced by the need to install separate piping systems for non-potable water. As a result, potable reuse, which doesn't need additional pipes, is likely to flourish as the so-called "yuck factor" diminishes. Though California doesn't 9 allow direct potable reuse now, legislation passed last year requires state officials to issue enabling regulations by 2023. Those regulations are likely to serve as templates for other states, spurring adoption of direct potable reuse. Managing the watershed as a whole The emergence of recycled sewage underlines a key tenet of all the new water storage technologies: the water of a given watershed — whether toilet water, stormwater, or drinking water — must be managed as a whole in order to maximize its usefulness. After all, water traveling down a river may be diverted and transformed dozens of times, at different times serving as agricultural water or drinking water or undergoing treatment before it reaches the river's mouth. Accordingly, the coordinated use of some or all of these approaches has become known as Integrated Water Management, or, more familiarly, One Water. A statement in author- astrophysicist Robert Kandel's book, Water from Heaven: The Story of Water from the Big Bang to the Rise of Civilization, and Beyond could serve as One Water's credo: "Whenever you eat an apple or drink a glass of wine, you are absorbing water that has cycled through the atmosphere thousands of times since you were born." Jacques Leslie is a regular op-ed contributor at The Los Angeles Times and the author of Deep Water: The Epic Struggle Over Dams, Displaced People, and the Environment. 10 Water &Wastewater Asia June 11, 2018 Water & Wastewater Asia Water scarcity: Powerful motivator 6-11-2018 Reservoir and dam. Image credit:Anthony da Cri z/Unsplash When the Orange County Water District in California,United States(U.S.)first began distributing potable water extracted from sewage water in the 1970s, it was out of need. The aquifer they were dependent on for its drinking on was so depleted that saltwater from the Pacific Ocean seeped into it, and limits placed on the Colorado River and Sierra Nevada Mountains,the other water sources,barred water increments. Drinking reused and treated water is a thought that may leave many feeling nauseated or squeamish, but it more than that. Water scarcity represents a paradigm shift in the world, especially where a dearth of the resource is a major threat. It also serves as a powerful motivator, instigating not only wastewater 11 treatment and reuse,but also storm water catchment, leak detection,desalination, and even aquifer recharge. The shift can be the most obviously seen in the locations of water sources. Dams and reservoirs,large and far away, are worlds away from the smaller, decentralized, and customized newer urban solutions. These newer solutions are even seen as more reliable than reservoirs,where the water supply is dependent on factors such as precipitation levels. And in this time of climate change, dams are becoming more and more susceptible to the weather, evaporation rates, and drought. The newer urban solutions, on the hand, stay relatively constant as it depends on roughly consistent wastewater. Moreover, as they cause minimal environmental disruption,there are also benefits. On top of all that,urban solutions deliver water are substantially lower prices as compared to water delivered from dams and reservoirs as innovations in the water industry such as membrane technology continue to improve the effectiveness of water treatment. Distance plays a part as well,with the newer solutions not requiring the water to be pumped long distances,also making them more energy efficient. A research study by Bluefield Research found that water from dams and reservoirs were the second most expensive,with smart-meter leak detection coming in as the least costly. While ocean desalination is presently the most expensive, as filtration technologies continue to improve, the price is likely to drop. The new urban solutions, however,performing largely out of the public eye and lacking the grandeur of dams,have caught little attention. Another new approach is catching storm water. Cities which had traditionally prevented flooding by building concrete waterways to drain rainwater to the sea while also importing water from elsewhere have redesigned the layouts of the metropolises, absorbing the water for storage and reuse. Leak detection also plays a significant part in water supply, especially in places where aging pipes may lose as much as 30 per cent of the water in them. But at the end of the day,the emergence of this trend simply highlights one key principle—water from any watershed must be managed as one whole if it is to be maximized. 12 Orange County Water District May 31, 2018 httips://www.ocwd.com/news-events/newslefter/2018/may-2018/#San May 31.2018 The Orange County Sanitation District Protects the Pacific Ocean By Kathryn Beechinor and Jennifer Cabral, Special to the Orange County Water District cld Oceans )ay Our mission at Orange County Sanitation District is "to protect public health and the environment by providing effective wastewater collection, treatment, and recycling." Which means, here at OCSD, every day, including the official date of June 8, is World Oceans Day. We recognize that water is an invaluable resource, therefore approximately 100 million gallons of our treated wastewater from Plant No. 1 is recycled at the Orange County Water District as part of the Groundwater Replenishment System. The treated water at Plant No. 2 is released through a 5-mile long ocean outfall pipeline offshore of Huntington Beach. At OCSD we are dedicated to safeguarding the health of the environment. This has led us to take a comprehensive proactive approach to assuring our ocean waters are protected. How are we able to ensure our slice of the Pacific Ocean is safe and clean for fish and humans alike? Meet Dr. Jeff Armstrong, Environmental Supervisor of our Ocean Monitoring Program (OMP). Jeff and his team play an important role in ensuring our mission is upheld by 13 frequently monitoring the marine life, sediment quality, and water quality within 35 square miles of ocean. Which is the size of the city of Santa Ana! On our off-shore monitoring vessel, MN Nerissa, OCSD's ocean monitoring team regularly examines the marine communities along our outfall pipe. Extensive research has revealed that the fish and other critters are healthy and no different from those living in similar parts of the ocean. Since 1985, the level of pollutants in the sediments has decreased dramatically due to our source control program. These levels continue to decline and are generally nontoxic to marine species. You can check out the results of our findings in the Marine Monitoring Annual Report or on our website. In support of OCSD's ocean monitoring program, our laboratory performs nearly 100,000 analyses on ocean samples each year. They examine weekly water samples collected from 38 stations along 21 miles of Orange County beaches to assess any potential health risks to beachgoers. Results demonstrate that the water OCSD releases does not negatively impact the local marine environment or contribute to exceeding recreational water quality standards. In fact, OCSD is proud of the efforts we take every day to protect public health along with the environment. We take great care in using the best wastewater treatment technologies and our comprehensive ocean monitoring program continues to be a model for others throughout the nation. Join us in celebrating World Oceans Day as we protect our world's shared ocean today and every day! A healthy ocean is essential to our future. What part will you play in protecting and conserving our oceans? Visit us at www.ocsd.com or follow us on social media @ocsewers. 14 Vanity Fair June 6, 2018 httos://w .vmitvfair.com/news/2018/06/inside-the-battle-to-save-califomias-water "Trump and Pruitt Are Waging an All-Out Attack": Inside the Battle to Save California's Water As Trump's E.P.A. administrator imperils the environment, a band of passionate Californians is fighting to keep the state's waterways clean. Bruno Navasky journeys up the coast with the crusaders who call themselves the Waterkeepers. Bruno Navaskv June 6, 2018 5:00 am From the Magazine From left, Matt O'Malley, Melinda Booth, Konrad Fisher, Sara Aminzadeh, Steve Shimek, Don McEnhill, Garry Brown,Jennifer Kalt, Bruce Reznik and Kira Redmond. Photograph by Daniel Mansson. 15 The Tijuana River is a temporary river,which is to say that at times it runs dry. But when the rains come, it runs near bursting.After a healthy spring storm, tires and bottles litter the muddy banks.A refrigerator door reclines, half submerged in gray sediment.What looks like an old bathrobe hangs from the trees amid varicolored shreds of plastic bags, uninvited markers of high water.A bright yellow boom,broken free from a network of battens intended to snag larger flotsam,lies idle at the side of a catch basin in Goat Canyon. "I wouldn't necessarily touch anything here;' cautions Matt O'Malley, executive director of San Diego Coastkeeper. He and 10 like-minded advocates run grassroots environmental organizations stationed up and down California's shorelines. The Waterkeepers,as these crusaders call themselves,are the closest thing to aquatic superheroes that the Golden State's got. A mile upstream stands the border wall, arcing over Monument Mesa down to Imperial Beach, and from there into the Pacific Ocean,where it heads off roughly in the direction of Hawaii. To see the glorified fence wading out into the sea is to contemplate absurdity. The day after O'Malley's Tijuana River tour, Donald Trump arrives to squat on the mesa, crow about border-wall prototypes, and poke at California governor Jerry Brown on Twitter. Brown Ws back coolly, "Thanks for the shout-out. But bridges are still better than walls." The Tijuana River couldn't care less about the wall. It moves freely across the border, unencumbered by anything except pollutants.The only way to deal with a problem like the Tijuana River is through cooperation. Mexico won't pay for Trump's wall,but the country does chip in for pump stations and a treatment plant to remove the worst of the contaminants before the river discharges into the ocean. Although Governor Brown tries to keep the door open to comity, it often seems as if the president has,bafflingly, declared war on California. "Trump and [Enviromental Protection Agency head Scott] Pruitt are waging an all-out attack on the institutions and laws that protect our air, land, and water;' says Jared Blumenfeld,who during the Obama administration ran the E.P.A.'s Pacific Southwest United States region, home to SO million people. "In normal circumstances, California and the federal E.P.A. are partners. Today, California is working to defend environmental laws and values from a targeted attack led by Trump's E.P.A. and Department of the Interior." 16 4� 1 California's Cast of Keepers. As Trump makes his way to a fund-raiser in Beverly Hills, O'Malley and Sara Aminzadeh, the executive director of the California Coastkeeper Alliance,take me on a tour of the San Diego harbor.Aminzadeh represents 10 Waterkeeper organizations, including O'Malleys: four in Southern California,two on the Central Coast, and four in the northern part of the state. Members of the state alliance also belong to the international Waterkeeper Alliance, a network of not-for-profit water advocates—lawyers, scientists, educators, and activists—who patrol and protect more than 2.5 million square miles of rivers, lakes, and coastal waterways on six continents, each supported primarily by local contributions and grants.Aminzadeh has helped plot a journey for me, to be led by representatives of the California groups,up hundreds of miles of rivers and shoreline in a state that prides itself 17 on leadership in our climate crisis. "You cannot be active in California and not be involved in the water-supply issue;' says O'Malley. Pollution is only one problem amid a toxic eco-system of threats to California's nearly 40 million residents (plus visitors), and to the most diverse proliferation of plant and animal species in the United States.About 20 percent of the electricity in California goes directly toward the treatment, conveyance, and use of water. This puts Southern California in a bit of a bind: there's not enough of it to drink, but to augment the supply through imports or desalination burns a massive amount of energy. So officials have to be creative about capturing and conserving stormwater.That water can be directed to new green space, put back in the ground, or—in a big green dream—recycled into potable water. The latter may be closer to possible than many people imagine. Orange County Coastkeeper executive director Garry Brown,whose organization is another member of the alliance, advised on the planning and construction of the Groundwater Replenishment System,which turns wastewater into 100 million gallons of clean water each day, using it to refill sand and gravel basins in the Anaheim aquifer, indirectly providing drinking water and acting as a barrier to seawater intrusion.The system won the Stockholm Industry Water Award, a sort of Nobel Prize for water-conservation projects, in 2008. In O'Malley s district,the Pure Water Project is in its initial stages at the Point Loma Wastewater Treatment Plant. It is the largest wastewater-recycling project of its kind in the country,and he hopes it will eventually allow San Diegans to go Orange County one better and obtain up to one-third of their drinking water directly from the plant. Brown says that his county and others are working on wastewater recycling as well. "There's competition now, and it's going to be a race to see who's first."These are just a few of the measures Orange County is taking to secure its water supply for residents and wildlife. To foster fish habitats in Upper Newport Bay, Brown's team has planted eelgrass and oyster beds,which serve as water filters. Such projects are crucial to Southern California's 23 million residents,almost half of whom live in Greater L.A. "Los Angeles is just a beast,' says Bruce Reznik, executive director of Los Angeles Waterkeeper, noting that its population is bigger than that of all but a handful of states. Reznik compares his work to treating a patient: "The first step is triage—identify the problem and stop the bleeding.Then you nurse the patient back to health. But the most important thing is changing the behaviors that got you there in the first place. So a lot of what we focus on is trying to stop the flow of pollution." Reznik spends much of his time advocating for stricter discharge permits, suing violators for 18 releasing toxins into the water, and hounding local agencies to enforce existing laws against polluters. Reznik and his colleagues to the south preside over heavily urban environments and by necessity look inland, at industrial polluters and other contributors to filthy storm runoff, but they also employ a variety of staff and volunteers to monitor and restore local marine habitats.The value of this work becomes intensely apparent as you work your way up toward the Central Coast. Santa Barbara Channelkeeper executive director Kira Redmond explains that the amazing diversity of local marine life is courtesy of a transition zone between a cool northern current and a warm southern one, making the channel a unique and nationally recognized home to numerous endangered or threatened species, including blue, gray,and humpback whales. Redmond takes me out on a boat with Ben Pitterle and Penny Owens, directors of Santa Barbara Channelkeeper's marine and education programs.As we pass an oil rig,the ocean smells like a gas station. But it turns out that the fumes are from raw petroleum, which occasionally seeps up naturally from the seabed.Another challenge for Redmond and her Channelkeeper colleagues: Santa Barbara is a historically oil-rich area. In 1969, national outrage over a massive oil spill off the Santa Barbara coast led to the creation of the E.P.A.,the Clean Water Act,the Endangered Species Act,and other laws that the alliance relies on. Recognizing that the government might not have the resources to identify or prosecute polluters,the Clean Water Act allowed for citizens to sue offenders if their local waters were directly affected by pollution, and to be reimbursed for legal fees if they won.This provided a baseline for the work of the first Waterkeeper organizations. 19 i' � �.. W : a v `a- SAN DIEGO Sea lions bask in San Diego's La Jolla Cove; POINT LOMA A wastewater treatment plant is situated west of San Diego. Top,by Bruno Navasky; bottom, © Phillip Colla/Oceanlight.com. At the upper end of California's Central Coast, Steve Shimek,founder of Monterey Coastkeeper and chief executive of the Otter Project,is putting animals to work. Otters in the eco-system make everything better.The whiskery creatures eat about a quarter of their body weight every day—they re naturally fidgety but svelter than seals and sea lions, so they need to burn a lot of calories to stay warm.A favorite carnivorous delicacy: sea urchins,which in turn eat kelp. No otters means too many urchins and not enough 20 kelp.When the kelp goes, the little fish follow—it's their shelter from predators—and the big fish go where the little fish do. Put the otters back in the equation and the sea-urchin population drops,the kelp re-grows,the little fish come back, the big fish behind them, and you have an eco-system that's not only a thing of beauty and wonder, but one that sustains commercial and recreational fisheries. But agricultural runoff poses a major problem for sea otters. Pesticides and fertilizer flow from fields into drainage channels to the ocean,where they compromise otter immune systems and nourish toxic algae blooms. Shimek led a coalition including Santa Barbara Channelkeeper, the Stanford University Environmental Law Clinic,and environmental and fishermen's organizations in a lawsuit that forced the state of California to regulate agricultural runoff.Another lawsuit, against Monterey County,to force proper collection and treatment of water, is ongoing. Shimek says he's more interested in working toward systemic change than in suing polluters. He is also fighting for controlled shipping lanes to avoid oil spills in protected areas,for timely and enforceable accountability for spills, and to restrict development of oil rigs in potential otter areas. Shimek,who has been doing this work for 20 years, is proof that anger can be a catalyst. "I was winding down," he says, "but Mr.—Trump can be quite an energizing force." Farther north, I meet back up with Sara Aminzadeh,the alliance director.Aminzadeh's office is in San Francisco,but she spends much of her time in Sacramento, California's capital,tracking legislation or policy developments for her members. Today she's seeking sponsorship for a resolution to establish a"vision for state action on coastal and ocean adaptation measures' in preparation for a climate-change conference this September. She also drops by the office of Kip Lipper, a chief adviser to the California Senate leader, Democrat Kevin de Leon,to track progress on Senate Bill 49, introduced by de Leon, which would implement clean-air-and-water protections at the state level as a firewall, in case federal regulations are rolled back.The Coastkeeper Alliance worked with de Leon's office and the indispensable Natural Resources Defense Council to draft the bill,which has passed the state senate and is now being considered by the assembly. If Southern California worries about water supply, Northern California worries about water demand. The region holds the vast majority of the in-state freshwater resources for the entire population—and everybody wants some.What's more,the need for drinking water throughout the state is dwarfed by the thirst of agriculture. Dams that were created to generate hydroelectric power now serve to hold the water in place,so that it can be negotiated over and shipped out. The map of diversions on rivers and creeks looks 21 like a child's first macrame project In terms of pollution,mining and the timber industry are the big offenders. "California is working to defend environmental laws from a targeted attack led by Trump's E.P.A." Russian Riverkeeper executive director Don McEnhill and Melinda Booth, who runs the Yuba River Waterkeeper project, are both involved in riverbank restoration with gravel- mining companies. Mining has channelized California's Russian River, destroying fish habitats,floodplains,and groundwater resources,while re-introducing older mining pollutants such as mercury to popular recreational and fishing waters.After years fighting to revoke violators' mining permits, McEnhill,who grew up swimming in the Russian River in Healdsburg, north of San Francisco, is now working with a former polluter to remediate the damage. In Nevada City,where the Yuba River Waterkeeper project is based, Booth is getting ahead of the game by partnering with mining companies.Though that relationship may seem adversarial, both parties have found benefits. The Waterkeepers want the gravel removed in order to restore floodplains and fish habitats; the mining companies remove it gratis, and sell the gravel for cement. The Russian River is a weekend destination for San Franciscans; a branch of the Yuba, in the foothills of the Sierra Nevadas, is one of California's official "Wild and Scenic' rivers. Encouraging healthy use is important to their caretakers. McEnhill helped create Riverkeeper Stewardship Park, an educational green space with ecological displays, a teaching area, and a riverside walking path; the Great Russian River Race gets locals competing in canoes,kayaks, and stand-up paddleboards—a party to celebrate the river; the Yuba Riverkeepers send out River Ambassadors to welcome recreational visitors with information about the river and watershed. A few hours north, Humboldt Baykeeper director Jennifer Kalt runs tours of the bay by boat or kayak,and promotes the local sustainable oyster farm Hog Island. "I know people feel really overwhelmed,but if they just focus on the one issue they really care about they can make so much of a difference;'says Kalt. "And hopefully kids will learn that kind of grassroots advocacy where you can become an expert on one place, or one type of organism, and really advocate for that,whatever it is,whether it's abused dogs or butterflies." 22 I don't see that any more clearly than on a visit to Requa, California,where the Klamath River exits into the Pacific Ocean after running 253 miles down from Upper Klamath Lake, in Oregon. Crossing the river near its mouth,you enter Yurok land, signified by a welcome sign and majestic golden bears flanking the bridge.The Yurok are one of several tribes with ancestral lands in the Klamath River Basin. Konrad Fisher, a former executive director of Klamath Riverkeeper, has invited me to dinner with Ashia Grae Wolf Wilson, a member of the Klamath, another tribe,from Chiloquin, Oregon, on the upper end of the river.Wilson is co-founder and chair of the Klamath Tribal Youth Leadership Council, where she organizes educational and cultural programs as well as community-service projects.Wilson was born in 2002, the year that tens of thousands of salmon, along with other fish, died in the Klamath River due to insufficient water flows from dams.The resultant outcry sparked a movement, still in progress,to undam the river. "I was always taught that a healthy river equals a healthy community,'Wilson says. The Klamath tribe call themselves E'ukskni,which means "people of the lake." She continues: "I never knew the Klamath River while it was healthy enough for our traditional fish and animals to be able to be supported and thrive in it." 23 THE PACIFIC The Klamath River empties into the ocean; KLAMATH Toxic algae blooms flourish behind a Klamath River dam. Top, © David Mclain/Aurora Photos; bottom,by Weston Boyles/RKostorivers.ore. Wilson holds dear traditions like the c'waam ceremony. The c'waam (pronounced "chwahm") is a type of sucker fish—found in the Sprague River, part of the Klamath watershed—that carries spiritual significance. "Those are our ancestors," says Wilson. "They're our people, our spirits."Annual ceremonies used to feature racks of thousands of c'waam—Wilson's father told her the river once ran purple with them—which tribes would bless and then smoke, feasting on them through the winter. In a recent ceremony three fish were brought in,two returned to the water, and one cremated as an offering. "They're most likely not going to make it,"Wilson says, moved almost to tears. "But the fact that salmon are going to be able to return gives me hope." Salmon need fast, cold water flows to survive. Dams slow the water and warm it,and also create breeding pools for toxic algae blooms.A group of community stakeholders— representing native people; commercial and recreational fishermen; environmental organizations; agricultural interests; the two states the river runs through, California and Oregon; and even the dam operators themselves—eventually came to an agreement on water sharing and dam removal that seemed to offer at least the possibility of a restored Klamath River.When the Republican-led U.S. Congress declined to support the removal by the agreement's 2015 deadline, the governors of California and Oregon stepped in to commit the necessary funds. But in a complicated approval process,the new agreement unyoked the issues of dam removal and water supply.The Trump administration is now pushing a plan to prioritize water for agriculture in California's Central Valley,leaving an impending battle over water rights that will endanger all the careful work of local stakeholders. Dale Ann Frye Sherman, a Yurok elder, is Wilson's partner in this fight. Their tribes are from opposite ends of the river,a days drive apart, Sherman here in Requa, and Wilson across the border in Oregon.They speak different native languages and have different traditions, but share a connection with the river and its creatures. Place matters deeply to the Klamath Riverkeepers, and to all of the members of the California Coastkeeper Alliance.The work they do is defined and driven by community needs.At the same time, the nature of water issues seems to require that they regularly take the larger view, tracing the water flow up into the watershed,to state lines, or even across international borders. And this in turn demands that they take on leadership roles within their 24 communities: not just on pollution but on water conservation, on climate change, and on a just approach to water rights.As Jerry Brown reminded Donald Trump,sometimes bridges are better than walls. 25 Water Online June 13, 2018 '40 WATER ONLINE News I June 13,2018 SOURCE: The American Membrane Technology Association Two Doctoral Students Studying Novel Membrane Technologies Receive The 2018 AMTA-NWRI Fellowship Award The American Membrane Technology Association(AMTA)of Stuart,FL, and National Water Research Institute(NWRI) of Fountain Valley, CA, are pleased to announce the 2018 AMTA-NWRI Fellowship for Membrane Technology has been awarded to doctoral students Michael Geimer of The Pennsylvania State University and Cassandra Porter of Yale University. The fellowship provides $10,000 a year for two years to support graduate student research that pertains to NWRI's objectives to improve water quality,protect public health and the environment,and create safe,new sources of water, as well as AMTA's mission to solve water supply and quality issues through the widespread application of membrane technology. Both recipients are conducting research on novel membrane technologies. Geitner is a first-year doctoral student at The Pennsylvania State University. He is evaluating bioinspired hypochlorite-resistant reverse osmosis membranes under the supervision of Dr. Manish Kumar,Associate Professor Departments of Chemical Engineering and Environmental Engineering. Dr. Kumar also was an AMTA-NWRI Fellow(from 2007-2009). Porter is a second-year doctoral student at Yale University. She is developing ion-rejecting membranes with polyelectrolytic layers produced through surface-initiated atom transfer radical polymerization under the supervision of Dr. Menachem Elimelech,who is the Roberto C. Goizueta Professor of Chemical and Environmental Engineering. Both fellows will attend the Membrane Technology Conference and Exposition in Much 2019 in New Orleans,LA,to present their research and receive recognition of their fellowship awards. This conference is administered jointly by AMTA and the American Water Works Association (AW WA) and is designed to showcase new directions in water and wastewater treatment technologies, desalting, and membrane bioreactor applications. For more information about the fellowship program,visit httu://www.amtaora.com/nwn-amta- fellowships-for-membrane-technology. About\the American Membrane Technology Association The American Membrane Technology Association's mission it to promote, advocate and advance the 26 understanding and application of membrane technology to create safe,affordable and reliable water supplies, and to treat municipal, industrial, agricultural and waste waters for beneficial use.AMTA provides broad opportunities for the exchange of technical,operational and financial information among individuals and organizations interested in membrane technologies. As the leading advocate of membrane processes in the United States, Canada,Mexico and Central America,ANITA is a strong voice for regulatory and legislative reforms essential to the understanding,acceptance and utilization of membrane technologies. For more information, visit www.amtaore.com. About the National Water Research Institute(NWRI) The National Water Research Institute(NWRI)was founded in 1991 by a group of Southern California water agencies in partnership with the Joan Irvine Smith and Athalie R. Clarke Foundation to promote the protection, maintenance, and restoration of water supplies and to protect the freshwater and marine environments through the development of cooperative research work.NWRI's member agencies include Inland Empire Utilities Agency, Irvine Ranch Water District, Los Angeles Department of Water and Power, Orange County Sanitation District, Orange County Water District, and West Basin Municipal Water District. For more information,visit www.nwri-usa.mg. SOURCE: The American Membrane Technology Association 27 Twitter Posts June 2018 TWITTER POSTS FOR MAY/DUNE 2018 JUN 2018 SUMMARY Tweets 19 Tweet impressions 5,854 Profile visits 148 Mentions 18 New followers 4 Jun 2018 • 18 days so far... TWEET HIGHLIGHTS Top Tweet earned 568 impressions Happy World Ocean's Day!! OCSD does their part every day to help protect the environment by making sure the ocean is protected! Click on the link to learn more. ocsd.com/Home/Component...... pic.twit1:er.com/MSeSWMx0o5 28 !741 Top Follower followed by 159 people 46drDIU P Blue Drop @bluedrOPCO FOLLOWS YOU Consulting and #BloomSoil.We market products and services for @dcwater. Small. Nimble. Nonprofit. Top mention earned 12 engagements Y 1� lit Orange County Water District@ocWDWaterNews Jun 14#GWRS bottled water tour receives two recent honors. ow.ly/7hST30ks76q @OCSewers Top media Tweet earned 317 impressions Have a hand for solving technology issues? Well, our IT team is on the lookout for you! Find out all the details at ocsd.com/about-us/jobs/... pic.twitter.com/gXqSwjdD2v 29 0 MAY 2018 SUMMARY Tweets 35 Tweet impressions 17.4K Profile visits 418 Mentions 28 New followers 9 May 2018 . 31 days TWEET HIGHLIGHTS Top Tweet eamed 656 impressions Check out these super cool #compost infographics by @ILSR! OCSD's biosolids help create #healthysoils via #composting. #ICAW ilsr.org/compost-impacts pic.twitter.com/WgO WxOpTzA 30 CDMroST Top Follower followed by 396K people n Dave's Travel Corner @DaveDTC FOLLOWS You Dave's Travel Corner-founded 1996. International travel &wine writer. Los Angeles updates. Bangkok. The Napa Wine Project. https://t.co/NdcPVZMUFa Top mention earned 91 engagements v I�� Antonio Villaraigosa@antonioaca May 17Thank you @OCSewers, @OCWDWaterNews for the tour of the world's largest water use project of its kind! We need more #GRWS projects throughout CA to conserve & recycle our water. pic.twitter.com/lmHM8yQ50N 31 Top media Tweet earned 644 impressions #DidYouKnow ❑ The first recorded use of underground clay pipes for #sanitation and water supply was in the ancient city of Knossos on the Greek island of Crete. Knossos (shown below) had a sophisticated system for transporting both freshwater and wastewater. #WednesdayWisdom pic.twitter.com/zZVNiWZ2p7 32 Facebook Posts June 2018 Facebook Posts for May and June 2018 Page Summary Last 28 gays= Export Dal 45 -- i I:ny22,2018-Jun18,2g18 Note.Doesnovnclude todays data.InsighNadn"y pod"in Ne Patictmezone.Adsamvilyisrepodedinthe Organk Paid time zone of your ad account. 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Herying recycled video water We 11 Ufg132018 ■ Have you ever stopped and won 21 am e op dared where the water aces on r 262 15 WIM018 ® OCSD's Admostadon Conand R N 113 ■ 1 as meeting will be taking piece t 1 Dt01212018 It's question Tuesday'Today peopled * N 16i 16 question is:How many Dapple d 5 ■ 0 6I112018 � 'It is always the simple that pmdpas * N is ■ 0 u me marvelous"—Amelia 2 061fl2018 Ous ry Calamities, Public r 105 ■ 0 hairs Commiiee meeting will be 1 Moa2018 Ilk Happy Word Oceau's Day"OC r N 23 20 i s SD does their pad every day to h 18 0&0112018 Happy Thursday"Tod ay s am r tit 150 17 0a- Happy pidlureistam in th 8 15I062018 L.l_. meetOCSing oiD be taking place eraloods ldore toot r a 119 ■ 10 O:II:, 18 a!®� Who's reedy for some Trivia qua * 119 ■ 3 ■ sday94_el3 r oday somes trivia Toe 1 0fi10a2018 s But ti0we use our imagination * N 111 ■ 1 I ®. 0 s. rnernosuse only in our rmin 1 ■ 34 W0112018 ® 11th Annual OC Water Summit. r N 1m Water.Mats Behind the Magic 5 W0112018 Happy National Donut Day! ■ 3 I mao.m fp Y� 117 n 5 I W0112018 Happy Friday all!Today #Flash to 133 ➢ 1 p ae— backFriday photo is from the ded 5 048112018 Have a han0 for soNing technolo 64 m 308, gy issues?Well our IT team is o r H ST3 _ 1151- 18 Just leamedsome all hffps shignew too H 215 ■ 6 1 051MO18 Who's ready for some Trivia Tue 61 12Wpm sd2y?4=43 Today's trivia gilea * 2� ■ 24 05282018 1W "I think goals should never wor . 3 I 0 � sy,they shouldoaks force you to to e * 151 5 0525I2018 M Happy#FlashbackFrijay!In tod r 233 ■ 18 ■ 12 00 pm ay picture we see a construl 23 ■ O5 512018 *_ Just a reminder that OCSD's Ad to 1 111 - - mims1rative Offices will be closed 5 052M2018 � If you enjoy#engineering and at r H 262 � 11 m 411 p' Iso re about the# mentp enyiron 8 1 35 LEGISLATIVE AND PUBLIC AFFAIRS COMMITTEE M0 7%gDale To ad.of Dir. 118 AGENDA REPORT Item Item Number 6 Orange County Sanitation District FROM: James D. Herberg, General Manager Originator: Robert P. Ghirelli, Assistant General Manager SUBJECT: LEGISLATIVE AFFAIRS UPDATE GENERAL MANAGER'S RECOMMENDATION Information Only. BACKGROUND The Orange County Sanitation District's (Sanitation District) legislative affairs program includes advocating the Sanitation District's legislative interests, sponsoring legislation (where appropriate), and seeking Federal/State funding for projects. Staff will provide an update on recent legislative activities. RELEVANT STANDARDS • Maintain influential legislative advocacy and a public outreach program • Build brand, trust, and support with policy makers and community leaders • Maintain collaborative and cooperative relationships with regulators, stakeholders, and neighboring communities • Listen to and seriously consider community input on environmental concerns • Use all practical and effective means for resource recovery PROBLEM Without a strong advocacy program, elected officials may not be aware that the Sanitation District is more than a wastewater treatment plant — treating and sending water to the ocean. The Sanitation District is an environmentally engaged organization which recycles more than 50 percent of its wastewater. Additionally, to help meet the goal of 100 percent recycling, the Sanitation District uses the byproducts from the wastewater treatment process to produce biosolids to fertilize crops and energy used to help power the two plants in Fountain Valley and Huntington Beach. PROPOSED SOLUTION Work with Local, State, and Federal officials to advocate the Sanitation District's legislative interests. Help to create/monitor legislation and grants that would benefit the Page 1 of 2 Sanitation District, the wastewater industry, and the community as a whole. To assist in our relationship building activities, we will continue to reach out to our elected officials providing facility tours, one-on-one meetings, and trips to D.C. and Sacramento. RAMIFICATIONS OF NOT TAKING ACTION If we do not work with Local, State, and Federal elected officials, legislation could be passed that negatively affects the Sanitation District and the wastewater industry as a whole. Additionally, this could affect our chances of receiving grant funding. ADDITIONAL INFORMATION As a result of the Sanitation District's meetings in Washington, DC, Representative Alan Lowenthal followed-up on his statements to the Sanitation District that he would support efforts to allow for extended National Pollutant Discharge Elimination System (NPDES) permit terms from 5 to 10 years. Representative Lowenthal wrote to the Committee on Transportation seeking action by the committee to address the need for a modernization of the permitting process. A copy of the letter is attached to this month's update. ATTACHMENT 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: • Federal Update & Legislative Matrix - ENS Resources • State Update & Legislative Matrix - Townsend Public Affairs • Grant Matrix • NPDES Permit Terms Letter Page 2 of 2 ■ , MV% J JL ITV RESOURCES MEMORANDUM TO: Rebecca Long FROM: Eric Sapirstein DATE: June 18, 2018 SUBJECT: Washington Update Congress continued to make meaningful progress in the effort to finalize fiscal year 2019 spending bills. In addition,prospects for final passage of a Water Resources Development Act(WRDA) gained traction with House floor passage of H.R.8 and Senate floor action on a corresponding bill,S. 2800,expected to occur later this summer at the latest. An important success occurred related to updating the antiquated National Pollutant Discharge Elimination System (NPDES) permitting system. As a result of OCSD's meetings in Washington to discuss priorities of concern, Representative Alan Lowenthal followed-up on his statements to OCSD that he would support efforts to allow for extended permit terms for"good actors'. Lowenthal wrote to Committee on Transportation Chairman Bill Shuster(R-PA) and Ranking Democrat Peter DeFazio (D-OR) seeking action by the committee to address the need for a modernization of the permitting process. A copy of the letter is attached to this month's update. The following summarize these issues: Agency Budgets for Fiscal Year 2019 Move Toward the Congressional Finish Line Both the House and Senate Committees on Appropriations have given final approval of their respective funding measures for the U.S.Environmental Protection Agency (USEPA) and the U.S. Bureau of Reclamation (USBR). In both instances,the bills were voted out of committee on a bipartisan basis with little of the rancor of past budget debates. In large part,this is attributable to the fact that overall spending levels were agreed-upon by Congress and the White House avoiding contentious debates on how much revenue would be available to allocate to various agencies. The second reason that the bills have moved swiftly is a function of the fact that past years'policy riders that generated controversy have been left out of the measures. 21Page As adopted in both committees,the Clean Water State Revolving Fund(SRF) is funded at$1.7 billion or current spending levels. The Water Infrastructure Finance and Innovation Act(WIFIA) program received a record funding level of$75 million in the House bill and$63 million in the Senate version. Despite the funding differences,the expectation on the part of both the House and Senate is that USEPA will fund$6 billion in new project needs. In the Senate,an important priority was cited for WIFIA to address. Under the Senate WIFIA funding,USEPA is to use $SS million of WIFIA funding to address combined sewer overflows and sanitary sewer overflow treatment needs. Policy riders were included in the bills,but the riders failed to generate vocal opposition. In the House,language was included to override the use of federal and state laws (and subsequent rules) to contest a National Environmental Policy Act (NEPA) or California Environmental Quality Act(CEQA) approved water or water recycling project. The language is considered an effort by proponents of the CA Water Fix to move project designs and construction forward. However,the language,if enacted into law,would apply beyond the Water Fix project. Senators Feinstein and Harris have signaled opposition to the provision. In the Senate, language was included directing USEPA to implement treatment standards to protect human health from the presence of per-and polyfluoroalkyl substances (PFAS) chemicals that could impose new treatment costs upon the regulated community. A final rider was included in the Senate bill that clarifies that groundwater is regulated under state law and not the Clean Water Act. The action stems from the recent Maui Decision that imposed liability under the Clean Water Act's NPDES program due to migration of pollutants in groundwater to coastal waters. USBR's budget,which includes a package of spending bills is being readied for a conference committee with the House as the Senate prepares to vote on the package. Similar to USEPA's budget, USBR benefits from strong congressional support. To this end,USBR's water recycling programs (Title XVI and Water Infrastructure for Improvements to the Nation (WIIN) will likely receive record support with as much as $65 million to provide grants assistance to water recycling projects like OCSD's. In addition,the House bill provides $12 million to support desalination project needs. While not of direct impact to OCSD,this funding,if enacted, might be used to support the Huntington Beach desalination initiative. We anticipate that the prospect for final approval of spending packages for both USEPA and USER are sound with final action possible by September. This would avoid the need for stopgap spending bills once fiscal year 2019 begins October 1, 2018. 31Page Water Resources Development Legislation Moves Closer to Conference The House provided overwhelming support for the Water Resources Development Act of 2018 (H.R.8),voting 408-2. H.R. 8 is notable for its limited provisions that focus exclusively on the U.S.Army Corps of Engineers' (USACE) navigation,flood protection and ecosystem protection programs. Unlike the House,the Senate legislation,America's Water Infrastructure Act (S. 2800) is a broad legislative proposal that addresses clean water issues as well as USACE core mission activities. Among the provisions of note are: • Sense of Congress provision that the SRF is vital and that there must be robust funding of the program going forward. • Creation of a new SRF funding mechanism similar to WIFIA that would provide Treasury-rated loans to state water infrastructure funding programs to leverage billions in funding assistance to local agencies. • Creation of a new climate resiliency grants assistance program to support local wastewater agencies develop strategies to address resiliency needs, including facility relocation needs attributable to sea level rise. • Establish an expanded WaterSENSE program at USEPA to promote energy and water use efficiency technology use. • Authorize the use of Integrated Plans for the development of priority ranked permit compliance schedules. • Impose deadlines for reviews of permit applications to advance project construction. According to Senate committee staff,S. 2800 is expected to receive Senate floor debate and a vote on passage later this summer. This would then set up a House- Senate conference committee to reconcile differences presumably in the fall. Significant Gains in Securing Congressional Attention on the Need for Modernized NPDES Permitting As a direct result of OCSD's work to advance a review of the Clean Water Act's mandate imposing five year permit terms on wastewater permitting (NPDES), Representatives Alan Lowenthal and John Garamendi transmitted a letter to the Committee on Transportation&Infrastructure seeking legislative action to modernize the way in which permits are issued. As a follow-up to the meetings with Representative Lowenthal,where OCSD Chair and staff presented the background on the value of providing regulators with the discretionary authority,where appropriate,to provide NPDES permits up to 10 years. Representative Lowenthal has called for actions to reward agencies,like OCSD,that have a demonstrated pattern of compliance with the Clean Water Act to be considered for permit terms of up to ten years and thereby reduce needless permit renewal costs that divert critical resources from water quality improvements. 41Page Regulatory Reform Continues USEPA continues to advance regulatory reforms. This past month,the agency formally transmitted its proposed rewrite of the Waters of the U.S.to the Office of Management and Budget(OMB) that will ensure that the regulation of waters under the Clean Water Act will not be unreasonably expanded. The expectation is that OMB will approve the rewrite. Once this occurs,USEPA will publish the rule for public comment OCSD Federal Bills of Interest SUMMARY LATEST ACTION OCSD POSITIONOTHER Proposed Federal Legislation 2017-2018 H.R.1071 Paul Tonko (D-NY) Assistance, Quality, and Affordability Act of 2017. Amends Introduced 2113/17 Watch No supporters of the Safe Drinking Water Act to increase assistance for States, Referred to the note for OCSD water systems, and disadvantaged communities; to encourage House Committee good financial and environmental management of water on Energy and systems; to strengthen the Environmental Protection Agency's Commerce 2115/17 ability to enforce the requirements of the Act; and for other purposes. H.R. 465 Bob Gibbs (R-OH) Water Quality Improvement Act.Amends the Clean Water Introduced Watch NACWA Act to allow for integreated plan permits for CSO's and related 1/12/2017 Referred Supports/Could wet weather compliance needs in association with traditional to House Committee become vehicle discharge mandates to allow for priority setting. on Transportation & for permit term Infrastructure Mark- extensions to ten up likely in July years from five years H.R.1068 Frank Pallone (D-NJ) Safe Drinking Water Act Amendments of 2017. To enable Introduced in House Watch No supporters of needed drinking water standards, reduce lead in drinking water, 2/15/17, Referred to note for OCSD plan for and address threats from climate change, terrorism, Subcommittee on and source water contamination, invest in drinking water Environment infrastructure, increase compliance with drinking water 2/17/17 standards, foster greater community right to know about drinking water quality, and promote technological solutions for drinking water challenges. H.R. 1663 Robert Wittman (R-VA) Water Resources Research Amendments Act. Amends the Introduced 3/21/17 Watch No supporters of Water Resources Research Act of 1984 to reauthorize grants Referred to note for OCSD for and require applied water supply research regarding the Committee on water resources research and technology institutes established Natural Resources - under that Act. 3/21/17 OCSD Federal Bills of Interest • • • H.R. 1579 Scott H. Peters (D-CA) Secure and Resilient Water Systems Act. To require drinking Introduced in House Watch No supporters of water systems to assess and address their vulnerabilities to 3/16/17, referred to note for OCSD climate change, source water degradation, and intentional acts Committee on to ensure secuity and resiliency. Energy and Commerce H.R. 434 Jeff Denham (R-CA) New WATER Act. Authorizes the Department of the Interior, Introduced 1/11/17 Watch No supporters of for 15 years after this bill's enactment, to provide financial Referred to note for OCSD assistance, such as secured loans or loan guarantees, to Subcommittee on entities that contract under federal reclamation law to carry out Water, Power, and water projects within the 17 western states served by the Oceans - 2/7/17 Bureau of Reclamation, other states where the Bureau is authorized to provide project assistance, Alaska, and Hawaii. H.R. 448 Jared Huffman (D-CA) Water Conservation Rebate Tax Parity Act. Amends the Introduced Support ACWA and Internal Revenue Code to expand the tax exclusion for energy 1/11/2017 Referred CASA Support conservation subsidies provided by public utilities to exclude to Committee on from gross income subsidies provided: (1) by a public utility to a Ways and Means- customer, or by a state or local government to a resident of 1/11/17 such state or locality, for the purchase or installation of any water conservation or efficiency measure; and (2) by a storm water management provider to a customer, or by a state or local government to a resident of such state or locality, for the purchase or installation of any storm water management measure. OCSD Federal Bills of Interest =0181.1 r • • S. 692 Deb Fischer (R-NE) Water infrastructure Flexibility Act. Provides for integrated Approved by Senate Support NACWA plan permits, to establish an Office of the Municipal without objection on Supports Ombudsman, to promote green infrastructure, and to require Unanimous Consent the revision of financial capability guidance. on 10/10/17 and referred to House Committee on Transportation & Infrastructure H.R. 1654 Tom McClintock (R-CA) Water Supply Permitting Coordination Act. To authorize the Introduced 3121117 Watch No supporters of Secretary of the Interior to coordinate Federal and permitting Referred to note for OCSD processes related to the construction of new surface water Committee on storage projects on lands under the jurisdiction of the Secretary Natural of the Interior and the Secretary of Agriculture and to designate Resources,ePassed the Bureau of Reclamation as the lead agency for permit House and referred processing, and for other purposes. to Senate 6/26/17 H.R.998 Jason Smith (R-MO) SCRUB Act. SCRUB would institutionalize a process to identify Passed House Support No supporters of those regulations that are eligible to be repealed. Under the 311/17 240-185, note for OCSD measure, a bipartisan review commission would examine rules Received in Senate fifteen years or older that are determined to be not necessary - referred to and should be repealed immediately, or given to the Committee on appropriate agency for the purposes of prioritizing the rule for Homeland Security repeal. and Governmental Affairs H.R. 1653 Robert E. Latta (R-OH) Drinking Water Affordability Act. Amends certain provisions Introduced Watch No supporters of of the Safe Drinking Water Act, and for other purposes. 3/21/2017 Referred note for OCSD to Subcommittee on Environment OCSD Federal Bills of Interest 110111-111111011111010 H.R. 1807 Louie Gohmert (R-TX) Public Water Supply Invasive Species Compliance Act of Introduced Watch No supporters of 2017. Amends the Lacey Act and the Lacey Act Amendments 3/30/2017 Ordered note for OCSD of 1981 by exempting certain water transfers between public to be Reported water supplies located on, along, or across the boundaries of (Amended) Texas, Arkansas, and Louisiana from prohibitions on illegal 4/27/2017 trade of plants and wildlife. Specifically, the prohibitions do not apply to covered water transfers containing a prohibited species if: (1) the species are present in both public water supplies before the transfer and the water is transferred directly between them; or(2)the water is transferred in a closed conveyance system (a closed system that collects, contains, and transports the flow of water, such as pipe systems) and sent directly to treatment facilities where the species will be destroyed. S. 896 Richard Burr(R-NC) A bill to permanently reauthorize the Land and Water Introduced and Watch No supporters of Conservation Fund. This bill amends the Land and Water referred to note for OCSD Conservation Fund Act of 1965 to make permanent the Committee on authorization for the Land and Water Conservation Fund. The Energy and Natural greater of 1.5% of the annual authorized funding amount or$10 Resources million shall be used for projects that secure recreational public 4/07/2017 access to existing federal public land for hunting, fishing, and other recreational purposes. H.R. 1971 Lloyd Smucker(R-PA) Water Infrastructure Flexibility Act. To provide for integrated Introduced and Support NACWA plan permits, to establish an Office of the Municipal referred to Supports Ombudsman, to promote green infrastructure, and to require Subcommittee on the revision of financial capability guidance. Water Resources and Environment- 1 1 OCSD Federal Bills of Interest • 11111011111010 S. 880 Tammy Baldwin (D-W I) Made In America Water Infrastructure Act. To ensure the Introduced and Watch No supporters of use of American iron and steel in public water systems, and for referred to the note for OCSD other purposes. Committee on Environment and Public Works 4/07/2017 H.R. 2116 Stephen Knight (R-CA) Perchlorate Reclamation and Water Replenishment Act. Introduced Watch NACWA Amends the Reclamation Wastewater and Groundwater Study 4/25/2017 Referred Supports and Facilities Act to authorize the Secretary of the Interior to to Committee on participate in a series of water reclamation projects to provide a Natural Resources new water supply to communities previously impacted by perchlorate contamination plumes. H.R. 1647 Earl Blumenauer (D- Water Infrastructure Trust Fund Act of 2017. To establish a Introduced Watch No supporters of OR) Water Infrastructure Trust Fund, and for other purposes. 3/21/2017 Referred note for OCSD to Subcommittee on Environment H.R. 2510 Peter DeFazio (D-OR) Clean Water and Jobs Creation Act of 2017. To renew the Introduced Support CASA Supports Clean Water SRF Program and to provide grants to support 5/19/2017 resiliency needs. S. 1137 Ben Cardin (D-MD) Clean Safe Reliable Water Infrastructure Act. Provides for a Introduced Watch No supporters of robust funding of SRF programs and to establish a 5/16/2017 Referred note for OCSD WaterSense Program to promote water efficiency. to Committee on Environment and Public Works S. 21 Paul Rand (R-KY) Regulations from the Executive in Need of Scrutiny Act of Reported to Senate Watch No supporters of 2017. This bill will provide for congressional approval of from Committee on note for OCSD regulations with impacts of$100 million or greater. Homeland Security and Governmental Affairs OCSD Federal Bills of Interest • 1 • • H.R. 3266 Michael Simpson (R-ID) Energy and Water Development and Related Agencies Reported to House Watch No supporters of Appropriations Act, 2018. This bill provides FY2018 without amendment note for OCSD appropriations for: the civil works projects of the U.S. Army 07/17/2017. Placed Corps of Engineers; the Department of the Interior's Bureau of on the Union Reclamation and Central Utah Project; the Department of Calendar, Calendar Energy(DOE); and several independent agencies, including No. 163 the Nuclear Regulatory Commission. S. 1696 Tom Udall (D-NM) Smart Energy and Water Efficiency Act. Provides for Introduced 8/1/17 Watch No supporters of language protecting against certification of technologies that and referred to note for OCSD migh impair water treatment or increase costs. Senate Committee but anticipate on Energy and CASA and Natural Resources WateReuse will support H.R. 3275 Jerry McNerney (D-CA) Water and Energy Sustainability through Technology Act. Introduced and Watch No supporters of Provides for assistance to support innovation in water treatment referred to note for OCSD and water use efficiency. Committees on Energy and Commerce, Natural Resources, Transportation and Infrastructure, Science Space and Technology, Agriculture 8/8/17 OCSD Federal Bills of Interest SUMMARY LATEST ACTION OCSD POSITION POSITIONS H.R. 3354 Kenneth Calvert (R-CA) Department of the Interior, Envirnment, and Related The House Watch No supporters of Agencies Appropriations Act, 2018. This bill provides Committee on note for OCSD FY2018 appropriations for the Department of the Interior, the Appropriations Clean Water Environmental Protection Agency (EPA), and related agencies. reported an original SRF is funded at The bill provides annual appropriations for most of the measure on $1.3 billion Department of the Interior, including: the Bureau of Land 7/21/17. (current level) Management, the U.S. Fish and Wildlife Service, the National Passed/agreed to in Park Service, the U.S. Geological Survey, the Bureau of Ocean House on 9/14/17 Energy Management, the Bureau of Safety and Environmental Pending FY 18 Enforcement, the Office of Surface Mining Reclamation and Budget negotiations Enforcement, the Payments in Lieu of Taxes Program (PILT), the Bureau of Indian Affairs, and the Bureau of Indian Education. S. 1609 Lamar Alexander(R- Energy and Water Development and Related Agencies Introduced in the Watch No supporters of TN) Appropriations Act, 2018. This bill provides FY2018 Senate on 7/20/17. note for OCSD. appropriations for: the civil works projects of the U.S. Army Placed on Senate Strong funding Corps of Engineers; the Department of the Interior's Bureau of Legislative Calendar for water Reclamation and Central Utah. under General recycling project Orders. Calendar assistance under No. Pending Title XVI and Budget Negotiations W I I N S. 1622 Bob Menendez(D-NJ) Beach Act of 2017. This bill amends the Federal Water Senate- 07/24/2017 Watch No supporters of Pollution Control Act(commonly known as the Clean Water Read twice and note for OCSD Act)to revise and reauthorize through FY2021 a grant program referred to the for monitoring, and notifying the public of, any pathogens in Committee on coastal recreation waters bordering public beaches. Environment and Public Works OCSD Federal Bills of Interest • M • H.R. 2755 Frank Pallone (D-NJ) Beach Act of 2017. Amends the Federal Water Pollution House - 05/26/2017 Watch No supporters of Control Act (commonly known as the Clean Water Act) to Referred to the note for OCSD revise and reauthorize through FY2021 a grant program for Subcommittee on monitoring, and notifying the public of, any pathogens in Water Resources coastal recreation waters bordering public beaches. and Environment H.R. 2510 Peter DeFazio (D-OR) Water Quality Protection and Job Creation Act of 2017. House -05/18/2017 Watch No supporters of Amends the Federal Water Pollution Control Act to authorize Referred to the note for OCSD appropriations for State water pollution control revolving funds, Subcommittee on and for other purposes. Water Resources and Environment S. 1464 Dianne Feinstein (D- Water Conservation Tax Parity Act. Amends the Internal Senate - 6/28/2017 Watch WateReuse CA) Revenue Code to expand the tax exclusion for energy Referred to the Supports conservation subsidies provided by public utilities to exclude Committee on from gross income subsidies provided (directly or indirectly): (1) Finance by a public utility to a customer, or by a state or local government to a resident of such state or locality, for the purchase or installation of any water conservation or efficiency measure; and (2) by a storm water management provider to a customer, or by a state or local government to a resident of such state or locality, for the purchase or installation of any storm water management measure. S. 1700 Tom Udall (D-NM) Water Efficiency Improvement Act of 2017. Amend the Senate - 8/2/2017 Watch No supporters of Energy Policy and Conservation Act to establish a WaterSense Referred to note for OCSD program within the Enivronmental Protection Agency, and for Committee on other purposes. Environment and Public Works OCSD Federal Bills of Interest • r • • H.R. 2799 Jerry McNerney (D-CA) Western Water Recycling and Drought Relief Act. Amends House - 6/7/2017 Watch No supporters of the Reclamation Wastewater and Groundwater Study and Referred to note for OCSD Facilities Act to authorize the Department of the Interior to Subcommittee on participate in the design, planning, and construction of recycled Water, Power and water system facilities in California. Oceans H.R. 3533 Salud Carbajal (D-CA) Coastal State Climate Preparedness Act of 2017. Amends House -7/28/2017 Watch No supporters of the Coastal Zone Management Act of 1972 to require the Referred to note for OCSD Secretary of Commerce to establish a coastal climate change Subcommittee on adaptation preparedness and response program, and for other Energy and Mineral purposes. Resources H.R. 3906 Denny Heck (D-WA) Innovative Stormwater Infrastructure Act of 2017. House - 10/2/2017 Watch No supporters of Establishes centers of excellence for innovative stormwater Referred to note for OCSD control infrastructure, and for other purposes. Committee on Transportation and Infrastructure and Committee on Science, Space, and Technology H.R. 4177 Matt Cartwright(D-PA) PREPARE Act of 2017. Enhances the Federal Government's House -4112118 Watch No supporters of planning and preparation for extreme weather and the Federal Committee on note for OCSD Government's dissemination of best practices to respond to Transportation and extreme weather, thereby increasing resilience, improving Infrastructure regional coordination, and mitigating the financial risk to the reported out by Federal Government from such extreme weather, and for other voice vote. purposes. OCSD Federal Bills of Interest • r - H.R. 4492 Brian Mast (R-FL) Water Infrastructure Finance and Innovation House -11/30/2017 Watch No supporters of Reauthorization Act of 2017. Reauthorizes and amends the Referred to the note for OCSD Water Infrastructure Finance and Innovation Act of 2014. Committee on Transportation and Infrastructure and Committee on Energy and Commerce H.R. 2917 Bob Gibbs (R-OH) Regulatory Certainty Act of 2017.Amends the Federal Water House -6/15/2017 Watch No supporters of Pollution Control Act to clarify when the Administrator of the Referred to the note for OCSD Environmental Protection Agency has the authority to prohibit Committee on the specification of a defined area, or deny or restrict the use of Transportation and a defined area for specification, as a disposal site under section Infrastructure 404 of such Act, and for other purposes. S. 1996 Cory Booker(D-NJ) Environmental Justice Act of 2017. Requires Federal Senate- 10/24/2017 Watch No supporters of agencies to address environmental justice, to require Referred to note for OCSD consideration of cumulative impacts in certain permitting Committee on decisions, and for other purposes. Environment and Public Works OCSD Federal Bills of Interest • 11, • • • H.R. 4114 Raul Ruiz (D-CA) Environmental Justice Act of 2017. Requires Federal House - 10/24/2017 Watch No supporters of agencies to address environmental justice, to require Referred to note for OCSD consideration of cumulative impacts in certain permitting Committee on decisions, and for other purposes. Energy and Commerce, Committee on Natural Resources, Committee on Transportation and Infrastructure, and Committee on Judiciary H.R. 1 Kevin Brady (R-TX) Tax Cuts and Jobs Act. Amends the Internal Revenue Code House - 11/2/2017 Watch No supporters of (IRC)to reduce tax rates and modify policies, credits, and Passed House, note for OCSD deductions for individuals and businesses. Became law 12/22/2017 H.R. 4397 Mimi Walters (R-CA) California Wildfire Disaster Tax Relief Act of 2017. Provides House - 11/15/2017 Watch No supporters of tax relief with respect to California wildfires. Referred to the note for OCSD Committee on Ways and Means H.R. 3131 Bill Hiuzenga (R-MI) Endangered Species Litigation Reasonableness Act. House -6/29/2017 Watch No supporters of Amends the Endangered Species Act of 1973 to replace the Referred to note for OCSD current standard for awarding court costs, including attorney Committee on fees, in citizen suits with the federal judicial code standard for Natural Resources awarding costs to a prevailing party. and Committee on Judiciary. Placed on Union Calendar 2/15/18 OCSD Federal Bills of Interest • 11, • • • H.R. 4460 Lou Barletta (R-PA) Disaster Recovery Reform Act. Improves the provision of House - 11/28/2017 Watch No supporters of disaster and mitigation assistance to eligible individuals and Referred to note for OCSD households and to eligible State, local, Tribal, and territorial Committee on governments and certain private nonprofit organizations, and Transportation and for other purposes. Infrastructure and Committee on Financial Services. Reported out as amended of Committee on Transportation by voice vote 11/30/17 S. 2364 John Boozman (R-AR) SRF WIN Act. Amends the Water Infrastructure Finance and Senate-1/30/18 Watch No supporters of Innovation Act of 2014 to provide to State infrastructure Referred to note for OCSD financing authorities additional opportunities to receive loans Committee on under that Act to support drinking water and clean water State Environment and revolving funds to deliver water infrastructure to communities Public Works across the United States, and for other purposes. H.R. 4902 John Katko (R-NY) SRF WIN Act.Amends the Water Infrastructure Finance and House - 1/30/18 Watch No supporters of Innovation Act of 2014 to provide to State infrastructure Referred to note for OCSD financing authorities additional opportunities to receive loans Committee on under that Act to support drinking water and clean water State Transportation and revolving funds to deliver water infrastructure to communities Infrastructure and across the United States, and for other purposes. Committee on Energy and Commerce OCSD Federal Bills of Interest • MOM H.R. 5127 Grace Napolitano (D- Water Recycling Investment and Improvement Act. To House - 2/27/18 Support No supporters of CA) establish a grant program for the funding of water recycling and Referred to note for OCSD reuse projects, and for other purposes. Committee on Natural Resources and Committee on Transportation and Infrastructure S. 2563 Jeff Flake (R-AZ) Water Supply Infrastructure and Drought Resilience Act of Senate- 3/15/18 Watch No supporters of 2018. A bill to improve the water supply and drought resilience Referred to note for OCSD of the United States, and for other purposes. Committee on Energy and Natural Resources S. 2727 Kirsten Gillibrand (D- PIPE Act. A bill to require the Administrator of the Senate-4/23/18 Watch No supporters of NY) Environmental Protection Agency to establish a discretionary Introduced and note for OCSD grant program for drinking water and wastewater infrastructure referred to projects, and for other purposes. Committee on Environment and Public Works H.R. 5596 Salud Carbajal (D-CA) Water Infrastructure Resiliency and Sustainability Act of House -4/24/18 Watch NACWA, CASA, 2018. Authorize the Administrator of the Environmental Referred to &ACWA Protection Agency to establish a program of awarding grants to Committee on Support owners or operators of water systems to increase resiliency or Transportation and adaptability of the systems to any ongoing or forecasted Infrastructure, changes to the hydrologic conditions of a region of the United Committee on States. Natural Resources *Encorporated into S. 2800. OCSD Federal Bills of Interest • r • • S. 2800 John Barrasso (R-WY) America's Water Infrastructure Act of 201 B. Provides for the Senate - 5/8/18 Watch CASA,ACWA, & conservation and development of water and related resources, Committee on NACWA Support to authorize the Secretary of the Army to construct various Environment and projects for improvements to rivers and harbors of the United Public Works States, and for other purposes. Hearing held H.R. 8 Bill Shuster(R-PA) Water Resources Development Act of 2018. Provides for House -5/18/18 Watch No supporters of improvements to the rivers and harbors of the United States, to Passed House 408- note for OCSD provide for the conservation and development of water and 2. Received in the related resources, and for other purposes. Senate H.R. XXXX Ken Calvert (R-CA) Interior, Environment, and Related Agencies FY19 House - 5/14/18 Watch No supporters of Appropriations Bill. Makes appropriations for the Department Committee on note for OCSD of the Interior, Environment and Related Agencies for the fiscal Appropriations. year ending September 30, 2019 and for other purposes. Approved by Subcommittee 5/15/18 H.R. 5895 Mike Simpson (R-ID) Energy and Water Development and Related Agencies, House -6/8/18 Watch No supporters of Legislative Branch, and Veterans Affairs Appropriations Passed the House note for OCSD Act FY2019. Makes appropriations for energy and water on vote of 235-179. development and related agencies, Legislative Branch, and Received in the Veterans Affairs for the fiscal year ending September 30, 2019, Senate and for other purposes. S. 3073 Lisa Murkowski (R-AK) Department of the Interior, Environment and Related Senate- 6/14/18 Watch No supporters of Agencies Appropriations Act FY2019. Makes appropriations Passed the note for OCSD for the Department of the Interior, Enivironment, and Related Committee on Agencies for the fiscal year ending September 30, 2019 and for Appropriations other purposes. unanimously and placed on Senate Calendar OCSD Federal Bills of Interest • r • • S. 2975 Lamar Alexander (R- Energy and Water Development and Related Agencies Senate - 5/24/18 Watch No supporters of TN) Appropriations Act FY2019. Makes appropriations for energy Passed Committee note for OCSD and water development and related agencies for the fiscal year on Appropriations ending September 30, 2019 and for other purposes. 30-1. Placed on Senate Calendar S. 3015 Kamala Harris (D-CA) Water Affordability Act. A bill to amend the Federal Water Senate- 6/6/18 Watch No supporters of Pollution Control Act to establish a low-income sewer and Referred to note for OCSD drinking water assistance pilot program, and for other Committee on purposes. Environment and Public Works Legend: ACC-OC-Association of California Cities, Orange County LOCC-League of California Cities NYC-Not Yet Considered CASA-California Association of Sanitation Agencies NACWA-National Association of Clean Water Agencies ACWA-Association of California Water Agencies CSDA-California Special Districts Association TC", WNSEND I f - C - TPA To: Orange County Sanitation District From: Townsend Public Affairs, Inc. Date: June 18, 2018 Subject: Legislative and Public Affairs Agenda Report State Political Update For the last several weeks, the Legislature focused on passing a budget before the deadline on June 15. The Assembly and the Senate convened a series of budget subcommittee hearings to negotiate specific funding priorities. Once these various budget subcommittees finalized their work, each House approved their own budget proposal. Differences between the Senate and Assembly versions of the budget were consolidated by a conference committee before the final budget was approved on June 14. In addition to focusing on the budget process,the Legislature also had to pass all bills out of their first house by June 1. Any bills that did not pass before June 1 are now dead. The Legislature's focus will now shift toward passing bills out of their second-house policy committees before their summer recess. Below is a list of upcoming dates in the Legislature: • June 28—Last day for a legislative measure to qualify for the November 6 General Election Ballot • June 29—Last day for policy committees to hear and report fiscal bills • July 6— Last day for policy committees to hear any bills • July 6—Summer Recess begins Approved Fiscal Year 18-19 Budget The Legislature passed a Budget on June 14 that was largely consistent with the Governor's May Revise. The passed Budget includes a $138.6 billion general fund and almost$200 billion in total expenditures. Included in the Budget was a $9 billion surplus which was used to fill the State's Rainy-Day Fund, as well as other reserve accounts. The Budget also allocated $500 million to the State's 11 largest cities to combat homelessness until pre-approved funding streams become active. Furthermore, the Budget made significant one-time investments in new Stale buildings including courthouses, schools, and the Capitol building. The Budget was sent to the Governor for his signature or veto on June 14. California WaterFix Update In April, the Metropolitan Water District (MET) voted to fund nearly two-thirds of the California WaterFix project. However, opponents of the California WaterFix are concerned that the Brown Act had been violated prior to the vote in April. The Brown Act dictates strict rules that members of a board of directors must follow concerning communications with other board members. As a result, MET has announced that the Board will re-consider funding the pre-approved two thirds of California WaterFix on July 10. The MET board is expected to re-affirm their previous vote to fund California WaterFix. Long Tenn Water Conservation Update Last month, the Legislature passed the long-term water conservation framework as a package of two bills, AB 1668 (Friedman) and SB 606 (Hertzberg). The bills achieve two major goals: they establish guidelines that emphasize efficient water use while making a number of clarifications for the various types of water usage throughout the state; and they establish a framework for the implementation and oversight of the efficiency standards. The Governor signed both bills on May 31. The State Water Resources Control Board will now spend the next several years developing a series of regulations that will aim to fulfill the goals of the newly passed legislation. Budget Trailer Bill Language—Tax on Water In January, the Governor included language consistent with provisions of SB 623 (Monning) in his Budget proposal. This language would authorize a tax on each customer of a community water system as well as increased fees on fertilizer and some dairy products.This funding would be deposited into the Safe and Affordable Drinking Water Fund, which will be used to fund safe and affordable drinking water projects in disadvantaged communities who do not have access to clean drinking water. During the Budget subcommittee and conference committee process, both the Assembly and Senate rejected the Governor's proposal as written. Although the Legislature passed a budget that did not include the Governor's proposed drinking water tax, the Governor's office indicated that this remains a priority issue for them this year. TPA is also monitoring SB 623 (Monning), which includes similar language to the Budget Trailer Bill that adds a water tax to community water system customers. SB 623 will need a two-thirds vote of the Legislature in order to pass. Cap and Trade Auction Results In May, the California Air Resources Board (CARB) conducted their second Cap and Trade auction of the year. For the fourth auction in a row, all available emission credits were sold. The State expects to receive $700 million from the May 2018 auction. The Governor has released his draft 2018 Cap and Trade expenditure plan, which outlines his plan for spending revenues in the Greenhouse Gas Reduction Fund. The Governor's draft expenditure plan appropriates nearly$1.3 billion while the Assembly and Senate have asked for an expenditure plan of$1.4 billion and $1.5 billion respectfully. These differences will need to be worked out before any expenditure plan is passed by the Legislature. The Governor and the Legislature did not come to an agreement on a Cap and Trade expenditure plan during the Budget process. It should be noted that a Cap and Trade expenditure plan can be approved at any time during the legislative process. The next Cap and Trade auction will occur in August 2018. © June 2018 Report 2 OCSD State Bills of Interest AS 869 Rubio [D] Sustainable water use and demand reduction: recycled water. Currently in Me Senate Watch Legislative and ACC-OC-Support Current law imposes various water use reduction requirements Mat Natural Resources and Water Regulatory LOCC-Watch apply to urban retail water suppliers, including a requirement Mat the Committee Policies:Support CASA-Support state achieve a 20%reduction in urban per capita water use by measures Mat NACWA-NYC December 31,2020.This bill would require long-term standards for promote and CSDA-Watch urban water conservation and water use to include a credit for recycled provide for Me use water,as specified. of reclaimed water AB 1250 Jones-Sawyer[D] Counties:contracts for personal services Would establish specific Held in the Senate Rules Oppose Legislative and ACC-OC- standards for the use of personal services contracts by counties.The Committee Regulatory Removed bill would allow a county or county agency to contract for personal Policies:Support Opposition services currently or customarily performed by employees,as legislation and LOCC-Removed applicable,when specified conditions are met.The bill would exempt regulation that Opposition certain types of contracts from its previsions,and would exempt a city allow public CASA-Refer to and county from its provisions.By placing new duties on local agencies to Leg Committee governmentagencies,the bill would impose a state-mandated local procure goods and NACWA-NYC program.The bill also would provide that its provisions are severable. services in CSDA-Watch This bill was amended to exclude cities,and does NOT apply to special manners similar to districts. private industry, thereby reducing overall costs of delivery AB 1933 Maienschein[R] Greenhouse Gas Reduction Fund:appropriations:recycling Currently in the Assembly \Support State Priorities: ACC-OC-NYC infrastructure projects.Would specify that activities Mat expand and Appropriations Committee's Support funding LOCC-Watch improve waste diversion and recycling include food rescue,waste Suspense File through grants and CASA-NYC prevention,and organic waste recycling.The bill would additionally legislation for a NACWA-NYC specify that eligible infrastructure projects that reduce greenhouse gas Food CSDA-Watch emissions include the expansion of facilities for processing recyclable Waste/Organic Co- materials and projects to improve the quality of recycled materials. Digestion facility at OCSD OCSD State Bills of Interest M NORM AS 2003 Daly[D] Public contracts:sanitation districts: notice Current law authorizes Pulled by the Author Sponsor Legislative and ACC-OC-NYC a sanitation district to make and perform any agreement with a public or Regulatory LOCC-NYC private corporation of any kind or a person for the joint construction, Policies:Support CASA-Support acquisition,disposition,or operation of any property or works of a kind legislation and NACWA-NYC that might be constructed,acquired,disposed of,or operated by the regulation that CSDA-Support district.Current law requires a district,when an expenditure for work allow public exceeds$35,000,to contract with the lowest responsible bidder after agencies to notice.Current law requires the notice to be published,as specified. procure goods and This bill would instead require the notice to be Published in a manner services in that the district board determines e reasonable.which may include. manners similar to but is not limited to newspapers Internet Web sites radio television or private industry, other means of mass communication. thereby reducing overall costs of delivery AB 2379 Bloom[D] Waste management:polyester mlerofiber.Would require that Failed to pass the first house Watch State Priorities: ACC-OC-NYC during made from fabric that is more than 50%polyester bear a before June 1,2018.AS 2379 Support legislation LOCC-Watch conspicuous label stating that the garment sheds plastic microfibers is now dead or regulations that CASA-NYC when washed and recommending hand washing.The bill would prohibit restrict the use of NACWA-NYC a person,on and after January 1,2020,from selling or offering for sale microplastics in CSDA-NYC during made from fabric that is more than 50%polyester that does not any product that is bear that label, disposed of through the sewer system SIB 1263 Portanllno[D] Ocean Protection Council Statewide Mlemplastics Strategy:SB Currently in the Assembly Watchl State Priorities: ACC-OC-NYC 1263 directs the Ocean Protection Council(OPC)to develop,adopt and Water,Parks,and Wildlife Support Support legislation LOCC-NYC implement a Statewide Microplastics Strategy.The goal of the Committee or regulations that CASA-Support Microplastics Strategy is to increase the understanding of the scale and restrict the use of NACWA-NYC risks of microplastic materials on the marine environment,and identify microplastics in CSDA-NYC potential solutions for dealing with microplastic any product Nat is pollution. disposed of through the sewer system OCSD State Bills of Interest AB 2411 McCarthy[D] Solid waste: use of compost planning.Would require the Currently In the Senate Watch/Rec State Tactics: ACC-OC-NYC Department of Resources Recycling and Recovery,on or before Appropriations Committee Support if Development and LOCC-Support December 31,2019,to develop and implement a plan to maximize the Amended to implementation of CASA-Watch use of compost for slope stabilization and establishing vegetation in the include biosolids a statewide NACWA-NYC course of providing debris removal services following a fire and,in compost biosolids land CSDA-NYC coordination with the Department of Transportation,to identify best application practices of each of the Department of Transportation's 12 districts management regarding the cost-effective use of compost along roadways and policy develop a plan to expand the identified best practices to the other districts. Be 623 Meaning[D] Safe and Affordable Drinking Water Fund Would establish the Safe Held in the Assembly Rules Watch State and Federal ACC-OC-NYC and Affordable Drinking Water Fund in the State Treasury and would Committee Tactics:Work with LOCC-Oppose provide that moneys in the fund are continuously appropriated to Me CASA in support of unless amended State Water Resources Control Board.The bill would require the board continued use of CASA-Watch to administer the fund to secure access to safe drinking water for all tax-exempt Closely Californians,while also ensuring the long-tens sustainability of drinking financing and NACWA-NYC water service and Infrastructure.The bill would authorize the state feasibile innocating CSDA-Oppose board to provide for the deposit into the fund of federal contributions, financing unless amended voluntary contributions,gifts,grants,bequests,and settlements from approaches parties responsible for contamination of drinking water supplies.The bill was amended on August 21 to include a public goods charge on water, identified as$0.95 per month fee for customers with water meters up to one inch or customers without water meters.The feees increase depending on the size of the water meter,up to$10 per month for customers with water meters greater than four inches.The policy and fees set forth by this bill have been included in the Governor's January Budget proposal. OCSD State Bills of Interest SB 831 Wieckowski[D] Land use: accessory dwelling units.Current law authorizes a local Currently in the Assembly Oppose Legislative and ACC-OC-NYC agency,special district,or water corporation to require a new or Housing and Community Regulatory LOCC-Watch separate dainty connection between the accessory dwelling unit and the Development Committee Policies:Oppose CASA-Oppose utility and authorizes a fee to be charged,except as speed.Current measures that shift NACWA-NVC law requires a local agency to submit an ordinance adopted for the existing local CSDA-Oppose creation of accessory dwelling units to the Department of Housing and revenue sources Community Development and authorizes the department to review and back to the state, comment on the ordinance.This bill would delete the requirement that including the the area be zoned to allow single-family or multifamily use. special district share of property tax,sales tax, vehicle license fees,and rate payerfees $CA4 Harisberg[D] Water conservation.The California Constitution requires that the water Currently in the Senate Rules Watch Legislative and ACC-OC-NYC resources of the state be put to beneficial use to the fullest extent of Committee Regulatory LOCO-Watch which they are capable and that the waste or unreasonable use or Policies:Support CASA-Work with unreasonable method of use of water be prevented.This measure would legislation and Author declare the intent of the Legislature to amend the California Consul regulation that NACWA-NYC to provide a program that would ensure that affordable water is necessitate the CSDA-Watch available to all Calffomians and to ensure that water conservation is responsible use of given a permanent role in California's future. water in residential, commercial,and industrial areas AB 327 Gipson [D] South Coast Air Quality Management District:fleets.Would Currently in the Senate Watch Legislative and ACC-OC-NYC authorize the governing board of the south coast district to adopt rules Environmental Quality Regulatory LOCO-Watch and regulations that require specified operators of public and Committee Policies:Support CASA-NVC commercial Fleet vehicles consisting of 15 or more vehicles to purchase strategies that NACWA-NYC the cleanest commercially available vehicles,as defined,that will meet clearly CSDA-NYC the operators operational needs;to require the replacement of no more demonstrate and than 15%of existing vehicles per calendar year,as specified;and to provide for the require those cleanest commercially available vehicles to be operated, most cosbeffeetive to the maximum extent feasible,in the south coast district. means for meeting air quality goals OCSD State Bills of Interest M NORM AS 1654 Rubio[D] Water shortage:urban water management planning.AB 1654 would Currently on Senate Rules Watch Legislative and ACC-OC-Support have required each urban retail water supplier to report annually by Committee Regulatory LOCC-Support June 15 to the Department of Water Resources the status of its water Policies:Support CASA-Watch supplies for that year and whether the supplies will be adequate to meet legislation and NACWA-NYC projected customer demand.The Senate Natural Resources and Water regulation that CSDA-Support Committee amended all language out of this bill all other related bills. promote improved The Committee and stakeholders negotiated a new urban water water use management plan(AS 1668),however they were unable to pass the bill. efficiency through stale and federal assistance AB 1668 Friedman[D] Water managementplanning.Current law requires the state to Signed into law Watch Legislative and ACC-OC-Oppose achieve a 20%reduction in urban per capita water use in California by Regulatory LOCC-Watch December 31,2020.Current law requires each urban retail water Policies:Support CASA-NYC supplier to develop urban water use targets and an interim urban water legislation and NACWA-NYC use target,as specified.This bill would require the Stale Water regulation Mat CSDA-Oppose Resources Central Board,in coordination with the Department of Water promote improved unless amended Resources,to adopt long-term standards for the efficient use of water, water use as provided,and performance measures for commercial,industrial,and efficiency through institutional water use on or before June 30,2021.Draft amendments to state and federal this bill are available now.Companion bill with SB 606(Skinner) assistance AB 1884 Calderon[D] Solid waste:single-use plastic straws.Would prohibit a food facility, Currently in Me Senate Watch State Priorities: ACC-OC-NYC as specified,where food may be consumed on the premises,from Environmental Quality Support legislation LOCC-Watch providing single-use plastic straws to consumers unless requested by Committee or regulations that CASA-NYC the consumer.The bill would specify that Me first and 2nd violations of restrict the use of NACWA-NYC these provisions would result in a warning and any subsequent violation microplastics in CSDA-NYC would be an infraction punishable by a fine of$25 for each day the food any product that is facility is in violation. disposed of through Me sewer system OCSD State Bills of Interest AS 1981 Limon[D] Organic waste:composting.Current law requires the California Currently In the Senate Watch State Priorities: ACC-OC-NYC Environmental Protection Agency, in coordination with the Department Environmental Quality Support funding LOCC-Watch of Resources Recycling and Recovery,the State Water Resources Committee through grants and CASA-Watch Control Board,Me State Air Resources Board,and the Department of legislation for a NACWA-NYC Food and Agriculture,to develop and implement policies to aid in Food CSDA-NVC diverting organic waste from landfills by promoting the composting of Waste/Organic Co- specified organic waste and by promoting the appropriate use of that Digestion facility at compost throughout Me state.This bill would additionally Include the OCSD Department of Forestry and Fire Protection in the state agencies in coordination with which the California Environmental Protection Agency is required to develop and implement those policies. AS 1989 Mathis Ill Water and Wastewater Loan and Grant Program.Cunent law Held in the Assembly Watch State Priorities: ACC-OC-NYC authorizes the State Water Resources Control Board to establish the Appropriations Committee's Where LOCC-Watch Water and Wastewater Loan and Grant Program,to the extent funding Suspense File appropriate, CASA-Watch is made available,to provide funding to eligible applicants for speed pursue State NACWA-NVC purposes relating to drinking water and wastewater treatmenLThis bill funding for critical CSDA-Watch would appropriate$50,000,000 from the General Fund to the board for aging the program. infrastructure, through funding sources made available through any agency including but not limited to the State Water Resources Control Board and the Department of Water Resources OCSD State Bills of Interest M NORM AB 2065 Ting [D] Local agencies: surplus land. For purposes of the Surplus Land Act, Failed to pass the first house Watch Legislative and ACC-OC-NYC AB 2065 expands the definition of local agency to additionally include before June 1,2018.AS 2065 Regulatory LOCC-Watch a sewer,water,utility,and local and regional park district,joint powers is now dead Policies:Oppose CASA-NYC authorities,successor agency to a former redevelopment agency, further state NACWA-NYC housing authority,or other polifical subdivision of the state and any regulations that CSDA-Oppose instrumentality thereof that is empowered to acquire and hold real adversely impact unless amended property,thereby expanding the entities required to comply Willi Me special district Surplus Land Act.Expands the definition of"surplus land"to mean land financing and owned by any local agency that is not necessary for the agency's operations governmental operations,except property being held by the agency expressly for the purpose of exchange for another property necessary for its governmental operations. AB 2249 Cooley[D] Public contracts:local agencies:alternative procedure.Would Currently in the Senate Watch Legislative and ACC-OC-NYC authorize public projects of$60,000 or less to be performed by the Appropriations Committee Regulatory LOCC-NYC employees of a public agency,authorize public projects of$200,000 or Policies:Support CASA-NYC less to be let to contract by informal procedures,and require public legislation and NACWA-NYC projects of more than$200,000 to be let to contract by formal bidding regulation that CSDA-NYC procedures.These measures only apply to the public agency'rf their allow public Board elects to participate In the Uniform Public Construction Cost agencies to Accounting Act. procure goods and services in manners similar to private industry, thereby reducing overall costs of delivery AB 2447 Reyes[D] California Environmental Quality Act: land use:environmental Currently in Me Senate Watch State Priorities: ACC-OC-NYC justice CEQA requires a lead agency to prepare a mitigated negafive Environmental Quality Support efforts to LOCC-Watch declaration for a project that may have a significant effect on the Committee reform the CASA-NYC environment if revisions in the project would avoid or mifigate that effect California NACWA-NYC and there is no substantial evidence that the project,as revised,would Environmental CSDA-Oppose have a significant effect on the environment.CEQA prohibits a lead Quality Act agency from approving or carrying out a project for which a certified EIR (CEQA)to identifies one or more significant effects on the environmental unless streamline current the lead agency makes certain findings.This bill would require the procedures and Once of Environmental Health Hazard Assessment,by June 30,2019, regulations for to publish a list of subject land uses,as specified,and a map that projects to identifies disadvantaged communities and areas within a 1/2 mile ratlius refurbish or of the disadvantaged communities. replace existing infrastructure facilities OCSD State Bills of Interest SB 212 Jackson[D] Medical waste.Current law,the Medical Waste Management Act, Currently In the Assembly Support State Priorities: ACC-OC-NYC administered by the State Department of Public Health,regulates the Environmental Safety and Support legislation LOCC-Watch management and handling of medical waste,as defined.This bill add to Tonic Materials Committee or regulations that CASA-Watch the act a definition of"home-generated pharmaceutical waste as a would prevent Me NACWA-NYC prescription or over-the-counter human or veterinary home-generated disposing of drugs CSDA-Support pharmaceutical that is waste and is derived from a household,including, down the drain but not limited to,a multifamily residence or household.This bill is a follow-up/cleanup bill for Senator Jackson's SB 1229(2016),which provides that certain collectors who are authorized under federal law to engage in drug take-back collection with limited protection from civil and criminal liability. SB 606 Skinner[D] Water management planning Current law requires Me state to Signed into law Watch Legislative and ACC-OC-NVC achieve a 20%reduction in urban per capita water use in California by Regulatory LOCC-Watch December 31,2020.Current law requires each urban retail water Policies:Support CASA-NYC supplier to develop urban water use targets and an interim urban water legislation and NACWA-NVC use target,as specified.The bill would require an urban retail water regulation that CSDA-Watch supplier to calculate an urban water use objective no later than July 1, promote improved 2022,and by July 1 every year thereafter,and its actual urban water water use use by those same dates. efficiency through stale and federal assistance SB 929 McGuire ID] Special districts:Internet Web sites.The California Public Records Currently in the Assembly Watch State Priorities: ACC-OC-NYC Act requires a local agency to make public records available for Appropriations Committee Actively monitor LOCC-Watch inspection and allows a local agency to comply by posting the record on the Little Hoover CASA-NVC its Internet Web site and directing a member of the public to Me Web Commission NACWA-NYC site,as specified.This bill would,beginning on January 1,2020,require hearings and CSDA-Watch every independent special district to maintain an Internet Web site that reports related to dearly lists contact information for the special district,except as climate change provided.Because this bill would require local agencies to provide a adaptation,special new service,the bill would impose a stste-mandated local program. districts and other topics as it relates to OCSD OCSD State Bills of Interest SB 966 Wiener[D] Onsite treated nonpolable water systems Would,on or before Currently In the Assembly Watch Legislative and 7ACC-OC-NYC C December 1,2022,require the State Water Resources Control Board, Environmental Safety and Regulatory h in consultation with the California Building Standards Commission,to Toxic Materials Committee Policies:Support w/ adopt regulations for risk-based water quality standards for the Chase measures Mat treatment and reuse of nonpotable water,as provided.The bill would promote and C authorize the state boom to contract with public or private entities provide for Me usech regarding the Content of the standards and would exempt those of reclaimed water contracts from,among other provisions,review and approval of Me Department of General Services. SB 1077 Wilk[R] Construction Contracts:wrap-up insurance and indemnification Currently in Me Assembly Oppose Legislative and C Current law regulates the use ofwaii insurance or other Judiciary Committee Regulatory LOCC-Watch consolidated insurance programs in connection with specified Policies:Support CASA-Watch Construction projects.Current law distinguishes,in this regard,between legislation and NACWA-NYC residential construction projects,private residential works of regulation that CSDA-Watch improvement,as specified,and public works and other projects that are allow public not residential,as speed.This bill would recast the wariest, agencies to insurance or other Consolidated insurance program requirements for procure goods and public and other works of improvement that are not residential services in Construction,entered into or amended on and after January 1,2019,to manners similar to track generally the requirements that apply to residential projects. private industry, thereby reducing overall costs of SB 1215 Hertzberg[D] Drinking water systems and sewer systems:consolidation and Currently in the Assembly Watch Legislative and ACC-OC-NYC extension of service.This bill would authorize the state board to set Environmental Safety and Regulatory LOCC-NYC timeline and performance measures to facilitate complefion of extension Toxic Materials Committee Policies:Oppose CASA-NYC of service of drinking water.This bill would authorize the state boom to legislation NACWA-NYC order consolidation with a receiving sewer system for,or extension of consolidating CSDA-NYC sewer service to,a disadvantaged community under specified special districts Circumstances.The bill would require the stale board to take certain that fail to address actions before ordering consolidation or extension of service that are the concerns of similar to those required for the Consolidation or extension of water cities affected by systems and would additionally require the state board to find that at the proposed least 75%of the households in the community potentially subject to consolidation extension or consolidation of service have agreed to receive sewage service from the receiving sewer system. SB 1440 Hueso ID] Energy:blomethane:blogas and blomethane procurement Currently in Me Assembly Recommend State Tactics: ACC-OC-NYC program.SB 1440 requires the California Air Resources Board ARB), Energy and Utilities Support Monitor and advise LOCC-Watch in Consultation with the California Public Utilities Commission(CPUC), Committee on energy or other CASA-Support in to adopt a biomethane procurement requirement for gas corporations resource recovery Concept with over 100,000 customers.Specifically,this bill requires the overall related funding NACWA-NYC procurement mandate across all commercially available sectors to be opportunities CSDA-Watch initially set at 32 billion cubic feet(bcf).Be 1440 also requires the CPUC to allow recovery in rates of the cost of utility investment for prudent and reasonable investments for infrastructure that provide direct benefits to the ratepayers. OCSD State Bills of Interest SB 1422 Ponantino IDl California Safe Drinking Water Act:microplastics.Would require the Currently In the Assembly Watch State Priorities: ACC-OC-NVC State Water Resources Control Board to adopt regulations requiring Environmental Safety and Support legislation LOCC-NVC annual testing for,and reporting of,the amount of microplastics in Tonic Materials Committee or regulations that CASA-Watch drinking water,including public disclosure of those results. restrict the use of NACWA-NYC microplastics in CSDA-NVC any product that is disposed of through Me sewer system Legend: ACC-OC-Association of California Cities,Orange County LOCC-League of California Cities NYC-Not Vet Considered CASA-California Association of Sanitation Agencies NACWA-National Association of Clean Water Agencies ACWA-Association of California Water Agencies CSDA-California Special Districts Association OCSD's Grant and Loan Funding Tracker 2017-2018 Name of Grant/Loan Synopsis of Grant/Loan Amount of Grant/Loan Amount Applying Y/N Project/Pro ram Reason Match Deadline Category Rcvd Grant/ Applying for f g g ry Financing YIN STATE The propose of this program Is to pavitle accessible low- cost financing to eligible borrowers for a wide range of gram g is avai Calgo ev Infrastructureproeman and Economic Pm funtlin lade in amounts infrastructure and economicexpansion projects Eligible Development Bank CA02]2 ranging from E50,000 to$25 million,with loan Multiple(possible protects} Water/Energy/ eermittingeneang,folly udedeslg,improving,etendining, TBD Evaluating Might be for smaller protects. WA,loan program Rolling TBD Infrastructure Slate Revolving Fund permitting,entitling,constructing,improving,extending, �^ns far IM1e useful life of gie project up[D a Evaluating the program. Infrastructure (ISRF)Program mounting,financing,and generally developing eligible maximum of 30 years. fadli de within the stale of Caldomia. $1.25 billion from the Cap and Trade program(Greenhouse The Cap and Trade Expenditure Plan Gas Reduction Fund)was proposed to be appropriated In will need to go through the legislative $20 million-Waste Diversion Projects.Specifics process.It is uncertain himmucM1 Unknown at this Cap and Trade Footling the Governors January B ACapantl Trade TBD TBD TBD TBD funding will be available for the TBD time EnemylRecydirg TBD Expenditure plan will be considered later this legislative session. Districtsed foror.,or"at[M1e footling will be used f The Proposition 1 RAM Grant Program,administered by DWR,provides funding for projects that help meet the long TPA and OCSD are monitoring the term water needs of the state,including: grant anagram develoament from the 2018 Integrated Regional Water Santa Ana Watershed Project Unknown at this Management(IRWM)Grant Assisting water infrastructure systems adapt to dimals TBD TBD TBD TBD Authority(SAWPA).Once fine Yes.Details TBD time Water TBD Program change; solicitation for bids is available,we Providing incentives throughout each watershed to can determined an application is collaboate in managing the region's water resources and warranted. setting regional priorities fm water infreswcWre 2018 Proposed Park Band(Proposglon Prop 68Included$290 million for Drought,Groundwater, Proposition 68 passed bye If funding becomes available,TPA fil and Water R tin TBD,beeetl on grant guidelines TBD WA TBD TBD Water No ecyc g programs statewide vote, and daRwill evaluate the oppodunily. FEDERAL Senator Feinstein included$50 million to support construction of projects that have a final and deemed feasible study of a recycling armed. In securing this new competitive The Sanitation District is applying for The enactment d the Water Infrastructure Improvements Final Expansion d GARB TNa 18 will pay up to Received notification The Water arbl I-aw#Improvements ned Rants program etthe U.S.Bureau of ng,deal and Headwalls Segregation project that percent25 Wtruct Ad(5.612IPublic Lawp114J22NJIIN) imp(atant assi an efo*wate3 rec Cling and tllesalinMion. thed efoimationfse Feinsteinr anligM1[etl $1.5 Millbn Ves cnnstucUon) Headworks will M1elp to bring nwre water to tM1e available money &15I201] Infrastructure of rawarc!on the idmater tlonofsthat water and GWRS. wadswataagencies that worldone of banal[from the assistance. OCSD Is one of these agendas. The Title"I Water Reclamation and Reuse Projects funding opportunity allows for sponsors of water reclamation and reuse projects that are congressionally Reclamation Is making up to$20 million The Sanitation District is applying for outM1or sad or are eligible under section 4009(c)of the Tide 16 will pay up b The Water Infrastructure Improvements available fro those projects eulhotlzetl under Final Expansion d GW RS Headworks Segregation project that Wffiml WIIN Act to request cost-shared funding for planning, TBD Yes 25 percent of the ]/2]I2018 TBD Ad(WHIN) the W IIN Ad and$34 million for the Heedworks(P2-122) will help to bring more water to the Infrastructure reclamation amatina construction tiro Projects.Water congressionally abdorimd Title WI projects. GWRS. available money reclamation and reuse projects r shorts es and efficiency,flexibility during water shortages and tliversiiks the water supply. Updated 6/199018 OCSD's Grant and Loan Funding Tracker 2017-2018 Name of Grant/Loan Synopsis of Grant/Loan Amount of Grant/Loan Amount Applying Y/N Project/Pro ram Reason Match Deadline Category Rcvd Grant/ Applying for / g g ry Financing YIN The LUST program receives approximately $100 million annually to prevent,detect,and The USEPA Leaking Underground The fund addresses petroleum releases from regulated clean up releases. Assistance is provided Cleanup of contaminated ems at We will review Me grant to debenture Storage Tank(LUST)Trust Fund underground storage tanks, through grants. Eligible activities Include TBD Evaluating PIaM No.I If It is a fll for the project. TBD Infrastructure TBD removal of tanks and cleanup of contaminated areas. The U.S.Detainment of Agriculture through IN health watersheds program offers publlo-owned wastewater A Mal of$100 million Is funded annually and Reviewing the funding We will review the possible funding US Department of agencies funding through collaboration with agricultural Me opportunity to design a walershetl opportunity to program oortunit see R there isa Agriculture interests where funding would be provided to Me might offer OCSD with the chance to advance TBD TBD at for OCSD.(Restoration of opportunity to determine if it is a fit for TBD Water TBD the Sanitation District. agrcultural entity signal Mal would contribute to sal to its pnonty to reduce regulatory burdens. beaches and squeaked react the watershed and minimize simulations burdens A minimum of$20 million to as much as$100 Project Funding Opportunity, million based upon pr years'ars'budgets.USBR Energy production to reduce could receive as much as 30 million in costs of recycled water through innovative technologies like The DOE's Office M Energy Efficiency Is likely to continue support of the Watesore rt(due to Increased Aqu We will review the possible funding The DepartmentUSSRand Energy(DOE), TBD.Wewtll opportmonitorfitiesor possible Aquacriing technology water to be funded by Congress to support such efforts as funding antler Will during Me next several TBD opportunity to tletermine if lt is a fit for TBD Energy TBO USSR and USEPA blogas,biceolids and green energy. years.USSR will issue solicitations for funding opportunities monitoring technology that ran the Sanitation District. innovative approaches to managing water and monitoring efficientrid real titco water treatment through technology and Biogasmonitoring and tiara analysis, Use processes. Improvements. Management and Use Improvemenbe. It is unclear how the Incoming administration may revise existing programs that address energy and water efficiency needs. However,the effort to support Project Funding Opportunity: communities develop approaches that improve the quality TBD. Beed on Maturing SCADA System and Network of life In communities might continue to receive funding. If funding becomes available we will Unknown at this Smart Cities and Security OCSD might he able to leverage such program TBD TBD opportunities and ds. Upgrades,Seismic Hazati evaluate the opportunity. time EnergyANater TBD assistance to support innovative approaches to security. proleclalneetls. Evaluation(FEMA Mitigation Funding may also be available through Department of Assistance) Homeland Security to assist communities to protect against cyber-threMs. Possible projects: DWRS The W IFIA program accelerates Investment In our Final Expansion,District e nation's water infrastructure by providing Long-term,low- Trunk Sewer Relief Project, cost supplemental loans for regionally and nationally Headworks The Sanitation Distinct does not plan to significant projects.To qualify for funding assistance a RehabilitadoWExpansion borrow funds to complete projects.The WIFIA project must cost at least$2o million.The USEPA has $2 billion WA No Headquarters Complex,Site Water District might qualify for these G10I2017 Infrastructure NIA expressed an interest in projects that deliver multiple and Secunly Entrances loans and OCSD will support them benefits that might capture water recycling as well as Realignment,Western they Moose to do so. projects Mat address stomwiater and other"large rural Regional Sewers—Planning needs, and design and construction Unread 6/199018 Tongress of the Uniteb States mashinglan, SQL 20515 June 14, 2018 The Honorable Bill Shuster The Honorable Peter DeFazio Chairman, Committee on Transportation& Ranking Member, Committee on Infrastructure Transportation&Infrastructure 2165 Rayburn House Office Building 2164 Rayburn House Office Building Washington,D.C. 20515 Washington, D.C. 20515 Dear Chairman Shuster and Ranking Member DeFazio, We write to request that the Transportation and Infrastructure Committee follow-up on its hearing into the need to modernize the National Pollutant Discharge Elimination System (NPDES)permitting process and approve legislation to allow states with delegated authority to administer the NPDES permitting program to issue permits for periods of up to ten years. This change would allow for enhanced planning and efficient permitting of local wastewater facilities,and is grounded in a commonsense approach articulated in testimony presented on September 26, 2017 before the Subcommittee on Water Resources and Environment. To accomplish this, we request the Committee consider the following language: Section 402(b)(1)(B) of the Federal Water Pollution Control Act(as amended) is amended by striking all that follows"terms"and inserting in lieu thereof"not exceeding ten years; and" This modification would allow a state regulatory agency to consider a permit term beyond the existing five year maximum,but not establish a mandatory term of ten years. We hope that this amendment would allow a state regulatory agency to consider the facts and circumstances of individual permit applications, including construction schedules and past compliance,to determine whether a permit term between five years and ten years is appropriate. Longer NPDES permit terms for these applicants with a history of compliance would reduce administrative costs associated with shorter permit renewals and allow states to direct more resources to nonpoint and watershed-based solutions. At the same time,standard permit reopener provisions in statute and regulation would allow permits to be reopened and new conditions inserted if necessary prior to permit expiration. Enclosed is a copy of testimony that the Subcommittee received in September of 2017 that details the need for this amendment. Also enclosed is a detailed response to concerns raised during the hearing over extended permit terms. PRINTED ON RECYCLED PAPER Each of these statements clearly identify the need for the proposed amendment as well as the manner in which the public's ability to provide input on a permittee's performance are safeguarded. We look forward to working with you to address our nation's overall water infrastructure needs in the coming months. Sincerely, IO GARAMENDI ALAN S. LOWENTHAL ember of Congress Member of Congress CC: The Honorable Garrett Graves, Chairman, Subcommittee on Water Resources and Environment The Honorable Grace P. Nal olitano, Ranking Member, Subcommittee on Water Resources and Environment ORANGE COUNTY SANITATION DISTRICT COMMON ACRONYMS ACWA Association of California LAFCO Local Agency Formation RWQCB Regional Water Quality Water Agencies Commission Control Board APWA American Public Works LOS Level Of Service SARFPA Santa Ana River Flood Association Protection Agency AQMD Air Quality Management MGD Million Gallons Per Day SARI Santa Ana River District Interceptor ASCE American Society of Civil MOU Memorandum of SARWQCB Santa Ana Regional Water Engineers Understanding Quality Control Board BOD Biochemical Oxygen Demand NACWA National Association of Clean SAWPA Santa Ana Watershed Water Agencies Project Authority California Air Resources National Environmental Supervisory Control And CARB Board NEPA Policy Act SCADA Data Acquisition California Association of Non-Governmental Southern California CASA Sanitation Agencies NGOs Organizations SCAP Alliance of Publicly Owned Treatment Works CCTV Closed Circuit Television NPDES National Pollutant Discharge SCAQMD South Coast Air Quality Elimination System Management District CEQA California Environmental NWRI National Water Research SOCWA South Orange County Quality Act Institute Wastewater Authority CIP Capital Improvement O&M Operations&Maintenance SRF Clean Water State Program Revolving Fund California Regional Water Orange County Council of Sewer System CRWQCe Quality Control Board OCCOG Governments SSMP Management Plan CWA Clean Water Act OCHCA Orange County Health Care SSO Sanitary Sewer Overflow Agency California Water Environment Orange County Sanitation State Water Resources CWEA Association OCSD District SWRCe Control Board EIR Environmental Impact Report OCWD Orange County Water District TDS Total Dissolved Solids EMT Executive Management Team COBS Ocean Outfall Booster Station TMDL Total Maximum Daily Load EPA US Environmental Protection OSHA Occupational Safety and 7S5 Total Suspended Solids Agency Health Administration Professional Waste Discharge FOG Fats,Oils,and Grease PCSA Consultant/Construction WDR Wastee Discharge Services Agreement gpd gallons per day PDSA Professional Design Services WEE Water Environment Agreement Federation GWRS Groundwater Replenishment POTW Publicly Owned Treatment WERE Water Environment& System Works Reuse Foundation ICS Incident Command System ppm pans per million WIFIA Water Infrastructure Finance and Innovation Act Integrated Emergency Professional Services Water Infrastructure IERP Response Plan PSA Agreement WIIN Improvements for the Nation Act JPA Joint Powers Authority REP Request For Proposal WRDA Water Resources Develo ment Act ORANGE COUNTY SANITATION DISTRICT GLOSSARY OF TERMS ACTIVATED SLUDGE PROCESS—A secondary biological wastewater treatment process where bacteria reproduce at a high rate with the introduction of excess air or oxygen and consume dissolved nutrients in the wastewater. BENTHOS —The community of organisms, such as sea stars, worms, and shrimp, which live on, in, or near the seabed, also known as the benthic zone. BIOCHEMICAL OXYGEN DEMAND (BOD)—The amount of oxygen used when organic matter undergoes decomposition by microorganisms.Testing for BOD is done to assess the amount of organic matter in water. BIOGAS—A gas that is produced by the action of anaerobic bacteria on organic waste matter in a digester tank that can be used as a fuel. BIOSOLIDS—Biosolids are nutrient rich organic and highly treated solid materials produced by the wastewater treatment process. This high-quality product can be recycled as a soil amendment on farmland or further processed as an earth-like product for commercial and home gardens to improve and maintain fertile soil and stimulate plant growth. CAPITAL IMPROVEMENT PROGRAM (CIP) — Projects for repair, rehabilitation, and replacement of assets. Also includes treatment improvements,additional capacity, and projects for the support facilities. COLIFORM BACTERIA—A group of bacteria found in the intestines of humans and other animals, but also occasionally found elsewhere,used as indicators of sewage pollution. E.coli are the most common bacteria in wastewater. COLLECTIONS SYSTEM — In wastewater, it is the system of typically underground pipes that receive and convey sanitary wastewater or storm water. CERTIFICATE OF PARTICIPATION (COP)—A type of financing where an investor purchases a share of the lease revenues of a program rather than the bond being secured by those revenues. CONTAMINANTS OF POTENTIAL CONCERN (CPC) — Pharmaceuticals, hormones, and other organic wastewater contaminants. DILUTION TO THRESHOLD (Dfr)—The dilution at which the majority of people detect the odor becomes the D/T for that air sample. GREENHOUSE GASES (GHG)— In the order of relative abundance water vapor, carbon dioxide, methane, nitrous oxide, and ozone gases that are considered the cause of global warming("greenhouse stil . GROUNDWATER REPLENISHMENT SYSTEM(GWRS)—Ajoint water reclamation project that proactively responds to Southern California's current and future water needs.This joint project between the Orange County Water District and the Orange County Sanitation District provides 70 million gallons per day of drinking quality water to replenish the local groundwater supply. LEVEL OF SERVICE(LOS)—Goals to support environmental and public expectations for performance. N-NITROSODIMETHYLAMINE (NDMA) — A N-nitrosamine suspected cancer causing agent. It has been found in the Groundwater Replenishment System process and is eliminated using hydrogen peroxide with extra ultra-violet treatment. NATIONAL BIOSOLIDS PARTNERSHIP (NBP)—An alliance of the National Association of Clean Water Agencies and Water Environment Federation, with advisory support from the US Environmental Protection Agency. NBP is committed to developing and advancing environmentally sound and sustainable biosolids management practices that go beyond regulatory compliance and promote public participation to enhance the credibility of local agency biosolids programs and improved communications that lead to public acceptance. PLUME—A visible or measurable concentration of discharge from a stationary source or fixed facility. PUBLICLY OWNED TREATMENT WORKS(POTW)—A municipal wastewater treatment plant. SANTA ANA RIVER INTERCEPTOR(SARI) LINE—A regional brine line designed to convey 30 million gallons per day of non- reclaimable wastewater from the upper Santa Ana River basin to the ocean for disposal,after treatment. SANITARY SEWER— Separate sewer systems specifically for the carrying of domestic and industrial wastewater. Combined sewers carry both wastewater and urban runoff. SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT (SCAQMD)—Regional regulatory agency that develops plans and regulations designed to achieve public health standards by reducing emissions from business and industry. SECONDARY TREATMENT— Biological wastewater treatment, particularly the activated sludge process, where bacteria and other microorganisms consume dissolved nutrients in wastewater. SLUDGE—Untreated solid material created by the treatment of wastewater. TOTAL SUSPENDED SOLIDS(TSS)—The amount of solids floating and in suspension in wastewater. TRICKLING FILTER—A biological secondary treatment process in which bacteria and other microorganisms,growing as slime on the surface of rocks or plastic media,consume nutrients in wastewater as it trickles over them. URBAN RUNOFF—Water from city streets and domestic properties that carry pollutants into the storm drains, rivers, lakes, and oceans. WASTEWATER—Any water that enters the sanitary sewer. WATERSHED—A land area from which water drains to a particular water body.The Orange County Sanitation District's service area is in the Santa Ana River Watershed.