HomeMy WebLinkAbout10-17-2013 LaPA Agenda Thursday October 17, 2013
8t
:00 A.M.
Orange County Sanitation District Administration Building
Legislative and Public Conference Room C
Affairs Special Committee 10844 Ellis Avenue
Fountain Valley, CA
714 593-7130
COMMITTEE MEMBERS:
John Anderson, Troy Edgar, John Nielsen, Brad Reese, Joe Shaw, and John Withers
AGENDA
PLEDGE OF ALLEGIANCE:
DECLARATION OF QUORUM:
PUBLIC COMMENTS: If you wish to speak, please complete a Speaker's Form and
give it to the Clerk of the Board. Speakers are requested to limit comments to three
minutes.
REPORTS: The Committee Chair and the General Manager may present verbal
reports on miscellaneous matters of general interest to the Committee Members. These
reports are for information only and require no action by the Committee.
CONSENT ITEMS:
1. Approve minutes for the Committee meeting held on September 9, 2013.
ACTION ITEMS:
2. Establish a calendar of Committee Meeting Dates for the remainder of fiscal year
2013-2014.
3. Receive and file the Government Affairs and Legislative Outreach Plan.
4. Receive and file the report on State and Federal Advocacy Best Practices.
10/17/13 Legislative and Public Affairs Special Committee Page 1 of 2
INFORMATIONAL ITEMS:
5. Monthly Legislative Update - Eric Sapirstein, ENS Resources.
6. OCSD "Wastewater 101" Video.
OTHER BUSINESS AND COMMUNICATIONS OR SUPPLEMENTAL AGENDA
ITEMS, IF ANY:
ADJOURNMENT:
The next Legislative and Public Affairs Special Committee meeting is scheduled for
Tuesday, November 12, 2013, at 8:00 a.m.
Accommodations for the Disabled: Meeting Rooms are wheelchair accessible. If you require any special disability
related accommodations, please contact the Orange County Sanitation District Clerk of the Board's office at
(714)593-7130 at least 72 hours prior to the scheduled meeting. Requests must specify the nature of the disability
and the type of accommodation requested.
Agenda Posting: In accordance with the requirements of California Government Code Section 54954.2,this agenda
has been posted outside the main gate of the Sanitation District's Administration Building located at 10844 Ellis
Avenue, Fountain Valley, California, not less than 72 hours prior to the meeting date and time above. All public
records relating to each agenda item, including any public records distributed less than 72 hours prior to the meeting
to all,or a majority of the Board of Directors,are available for public inspection in the office of the Clerk of the Board.
NOTICE TO DIRECTORS: To place items on the agenda for the Committee Meeting, items must be submitted to the
Clerk of the Board 14 days before the meeting.
Made E.Ayala
Clerk of the Board
(714)593-7130
mavalarglocsd.com
For any questions on the agenda,Committee members may contact staff at:
General Manager James D. Herberg (714)593-7110 iherberafgocsd.com
Assistant General Manager Bob Ghirelli (714)593-7400 rghirellitclocsd.com
10/17/13 Legislative and Public Affairs Special Committee Page 2 of
ITEM NO. 1
MINUTES
LEGISLATIVE AND PUBLIC AFFAIRS
SPECIAL COMMITTEE MEETING
Orange County Sanitation District
The Legislative and Public Affairs Special Committee meeting convened on
Monday, September 9, 2013, at 8:00 a.m. in the Administration Building of the
Orange County Sanitation District.
A quorum was declared present, as follows:
COMMITTEE MEMBERS STAFF PRESENT
PRESENT: Jim Herberg, General Manager
Troy Edgar, Board Chair Bob Ghirelli, Assistant General
John Anderson, Board Vice-Chair Manager
Brad Reese, Administration Committee Nick Arhontes, Director of Facilities
Chair Support Services
John Nielsen, Operations Committee Nick Kanetis, Director of Engineering
Vice-Chair Jeff Reed, Director of Human
John Withers, Administration Resources
Committee Vice-Chair Ed Torres, Director of Operations &
Joe Shaw, Director Maintenance
Lorenzo Tyner, Director of Finance &
Administrative Services
COMMITTEE MEMBERS ABSENT: Maria Ayala, Clerk of the Board
Jim Colston
Norbert Gaia
OTHERS PRESENT:
Brad Hogin, General Counsel
Heather Stratman, Townsend Public
Affairs
Eric Sapirstein, ENS Resources (via
teleconference)
PUBLIC COMMENTS:
None.
COMMITTEE REPORTS:
None.
Minutes of the Legislative and Public Affairs Special Committee
September 9, 2013
Page 2 of 3
DISCUSSION ITEMS
1. Committee Meeting Schedule
The Committee agreed to meet on the second Monday of each month at 8 a.m. for
the next few months. After 6 months, the frequency of the meetings will be
reevaluated.
2. Overview of OCSD's Current Legislative Program
Ms. Stratman briefly reviewed the District's current legislative program. The
Committee discussed the current legislative platform and the public affairs
program.
3. Establishing Committee Goals
The Committee established what the purpose, objectives and goals of this new
committee will be in terms of legislation and public affairs.
They are:
• Maximizing the District's legislative and public affairs programs'
effectiveness at both the Federal and State levels;
• Being more proactive as a Board in legislation with a continued focus in
various areas, such as, but not limited to:
o Revenue protection
o Biosolids
o Going "green"
o AQMD
• Reconstitute branding of OCSD as water supplier and environmental
protection agency;
• Enhancing the public affairs communication plan, and it's execution; and
• "Green' Efficiency
4. Federal Advocacy Role
Eric Sapirstein joined the meeting via teleconference. Mr. Sapirstein provided
a federal legislative update on the following: Tax Exempt Financing; Buy
American Mandate; Water Resources Development Act (WRDA); and Sunshine
on Conflicts Act (H.R. 836).
Minutes of the Legislative and Public Affairs Special Committee
September 9, 2013
Page 3 of 3
5. Future Agenda topics and Next Steps
The Committee discussed the sense of urgency in the legislative window for next
year at the state and federal level. Staff will provide informational items at the next
meeting on various topics for discussion and potential action.
ADJOURNMENT:
The Chair declared the meeting adjourned at 9:36 a.m.
Submitted by:
Maria E. Ayala
Clerk of the Board
LEGISLATIVE AND PUBLIC AFFAIRS SPECIAL COMMITTEE Meeting Date
10/17/13
AGENDA REPORT RemNumbel
z
Orange County Sanitation District
FROM: James D. Herberg, General Manager
Originators: Robert P. Ghirelli, Assistant General Manager
SUBJECT: ESTABLISHING COMMITTEE MEETING DATES
GENERAL MANAGER'S RECOMMENDATION
Establish a calendar of Committee Meeting Dates for the remainder of fiscal year 2013-
2014.
SUMMARY
Staff is seeking direction from the Committee regarding the development of Committee
Meeting dates for the remainder of fiscal year 2013-2014. Staff is providing the
following tentative dates for the remainder of the year. The dates, as indicated,
maintain a consistent frequency of meetings every month on the second Monday of the
month. These meetings will be scheduled and should the need arise for a change in
date or time, advanced notice will be given to the Committee.
The recommended dates for the remainder of the 2013-2014 year are:
2013 2014
November 12, 2013' January 13, 2014
December 9, 2013 February 10, 2014
March 10, 2014
April 14, 2014
May 12, 2014
June 9, 2014
*Meeting scheduled to take place on Tuesday due to Monday Holiday (Veteran's Day).
ATTACHMENTS
None.
Page 1 of 1
LEGISLATIVE AND PUBLIC AFFAIRS SPECIAL COMMITTEE "a°njmii
AGENDA REPORT Item Number
s
Orange County Sanitation District
FROM: James D. Herberg, General Manager
Originator: Heather Dion Stratman, Townsend Public Affairs
SUBJECT: GOVERNMENT AFFAIRS AND LEGISLATIVE OUTREACH PLAN
GENERAL MANAGER'S RECOMMENDATION
Receive and file the Government Affairs and Legislative Outreach Plan.
SUMMARY
The Committee requested a Legislative and Government Affairs outreach plan for the
upcoming year. Below please find a listing of recommended meetings to take place
between now and June 2014.
The purpose of the state and local meetings is to garner support for the OCSD
proposed legislation to amend the District's Act for a change in representation from the
City of Yorba Linda to the Yorba Linda Water District beginning in 2016. Federal trips
will focus on seeking funding for follow-up work on the SARI line if OCSD is required by
state and federal regulators to remove the rocks that were placed in the river bed to
prevent erosion and funding to advance technology to control emissions from our
internal combustion engines.
FEDERAL
• Office of Wastewater Management, Office of Wetlands Oceans and Watersheds,
Office of Enforcement and Compliance; Office of Water and Office of Air and
Radiation; U.S. EPA (Project Opportunity: Diesel Retrofit Assistance.
Regulatory Revisions as Defined.)
• U.S. Bureau of Reclamation, U.S. Department of the Interior (Project
Opportunity: Energy Water Technology Demonstration Projects)
• Office of Renewable Energy and Energy Efficiency, Biomass Programs, U.S.
Department of Energy (Project Opportunity: Hydrogen Fuel Project Expansion)
• Advanced Research Projects Agency (Project Opportunity: Diesel Engine
Retrofits)
• Council on Environmental Quality and U.S. Corps of Engineers (Project
Opportunity: Revise mandate for riprap removal)
Page 1 of 2
• Natural Resources Conservation Service, U.S. Department of Agriculture
(Project Opportunity: Collaborative watershed improvements with agricultural
and related interests to reduce pollution discharges and reduce point source
mandates)
• Economic Development Administration (Project Opportunity: Hydrogen refueling
expansion)
OCSD will need to meet with these agencies in Washington, D.C. in November
or December 2013 and then again in March or April 2014.
STATE
• Assembly Member Allan Mansoor
• Assembly Member Curt Hagman
• Assembly Member Don Wagner
• Assembly Member Sharon Quirk-Silva
OCSD met with Assembly Member Quirk-Silva on September 30, 2013
• Assembly Member Travis Allen
• Senator Bob Huff
• Senator Lou Correa
OCSD met with Senator Correa on September 17, 2013
• Senator Mimi Walters
LOCAL
• Orange County Business Council (OCBC)—1af Quarter 2014
• County of Orange
OCSD is scheduled to meet with Mark Denny, County of Orange Chief Operating
Officer on October 15, 2013 at 1:30p
• Association of California Cities, Orange County (ACCOC)— 1" Quarter 2014
PRIOR COMMITTEE/BOARD ACTIONS
N/A
ADDITIONAL INFORMATION
N/A
ATTACHMENTS
N/A
Page 2 of 2
LEGISLATIVE AND PUBLIC AFFAIRS SPECIAL COMMITTEE Moil%mite
em
AGENDA REPORT Number
a
Orange County Sanitation District
FROM: James D. Herberg, General Manager
Originator: Heather Dion Stratman, Townsend Public Affairs
SUBJECT: REVIEW BEST ADVOCACY PRACTICES
GENERAL MANAGER'S RECOMMENDATION
Receive and file the report on State and Federal Advocacy Best Practices.
SUMMARY
Below is a list of state and federal advocacy best practices. This was a request of the
Committee during the September meeting. The best practices have been developed with years
of experience at both the state and federal level when advocating on behalf of public sector
clients. The practices listed below are not dictated by any legal or ethical practice, but rather
the standard protocols utilized for successful advocacy efforts.
FEDERAL
• Priority Setting
o Identify District-wide priority issues for legislative and regulatory agenda
(November/December)
• District specific needs
• General policy issues of concern that District views important to
address as an industry leader
o Legislative Team provides review with senior management on top issues
of those submitted (December)
o Assemble rationale for each priority and action items (December)
o Provide identified priorities for review and approval from Board (January)
• Communications—Talking Points and Related Support Materials
o Develop talking points and related background information on each priority
(December/January)
o Finalize and produce documents for use with delegation and other
stakeholders (January)
o Develop as required letters of support and request
• Advocacy
o Visit Washington to review federal initiatives with delegation and key
congressional committees January/February and September/October
(these times are estimates based on congressional and administration
activities)
Page 1 of 3
o Visit with key stakeholders in Washington and in District to secure support
of federal agenda (ongoing during year as necessary)
o Arrange for tour of District by key stakeholders (ongoing during year as
appropriate) to provide for understanding of District operations and needs
o Draft and transmit letters and other communications on pending legislative
initiatives that could impact District identified priorities (ongoing as
required)
• Monitoring and Liaison
o Maintain legislative and regulatory monitoring function to provide timely
alerts to District staff on policy activities impacting identified priorities
o Provide written updates on a weekly basis to advise of District of events
o Conduct liaison activities with D.C.-based organizations dedicated to
policy advocacy impacting District priorities and interests
o Advise District on recommended course(s) of action to approve
STATE
• Priority Setting
o Begin each new legislative session with a game plan for items that are
likely to arise.
o This can take the form of a legislative platform, but at a minimum should
involve being aware of the major issues that may come before the
Legislature and how those issues could impact OCSD.
• Communications—Talking Points and Related Support Materials
o In the era of term-limits and increased staff turnover, it is important to
communicate the District's priorities (and concerns) with your legislative
delegation and their staff. This communication should begin early in the
legislative session and continue throughout the year.
• Advocacy
o Review legislation early in the legislative process for measures that
directly impact the District.
• The earlier OCSD gets engaged in the legislative process, the
easier it is to work with the author, bill sponsors, and others to
address any concerns that may arise from specific legislation.
o Communicate positions on legislation with the appropriate committees, as
well as the legislative delegation (most typically this is done through
written correspondence)
• Positions on legislation should be communicated early and often.
Every time a bill moves from a committee, a new position letter
should be sent.
o Engage other interested parties that share the District's position on
legislation in order to develop a coalition
• The Legislature is more likely to consider a position if it can be
shown that the position is shared by a large number of people
representing a broad cross-section of the state.
• Administration
Page 2 of 3
o All legislation must go through the Governor's Office in order to become
law and the Governor's Office works closely with affected
agencies. Communicating support/opposition/concerns for legislation with
the Administration and affected state agencies should not be overlooked
and can result in a better final product.
• Monitoring and Liaison
o If possible, supporters and opponents of legislation should work together
to see if common ground can be reached on an issue
• The Legislature is more likely to work on an issue if compromise
and consensus can be reached.
o After the Legislative session has concluded, review what worked and what
did not
• This step will help with creating a game plan and being better
prepared for the next legislative session, as issues have a way of
always coming up again in the Legislature.
PRIOR COMMITTEE/BOARD ACTIONS
N/A
ADDITIONAL INFORMATION
N/A
ATTACHMENTS
N/A
Page 3 of 3
LEGISLATIVE AND PUBLIC AFFAIRS SPECIAL COMMITTEE Meeing Date
AGENDA REPORT Item Number
s
Orange County Sanitation District
FROM: James D. Herberg, General Manager
Originator: Jim Colston, Environmental Compliance Manager
SUBJECT: LEGISLATIVE UPDATE
GENERAL MANAGER'S RECOMMENDATION
Information Only.
SUMMARY
Legislative consultants will provide an oral update to the Committee detailing federal
and state legislative activities for the prior month. A written update from the federal
lobbyist is provided as part of the report.
ADDITIONAL INFORMATION
N/A
PRIOR COMMITTEE/BOARD ACTIONS
N/A
CEQA
N/A
BUDGET/DELEGATION OF AUTHORITY COMPLIANCE
N/A
ATTACHMENTS
The following attachment(s) are provided in hard copy and may also be viewed on-line at the OCSD
webske(www.ocsd.coml with the complete agenda package:
Legislative Updates: Federal
Page 1 of 1
Return to Mends Report
R ESOV RCES
MEMORANDUM
TO: Jim Colston
FROM: Eric Sapirstein
DATE: October 7, 2013
SUBJECT: Washington Update
As reported in our special report, Congress defied all expectations and failed to
reach a compromise on how to pass a short-term spending package to maintain
governmental programs though the middle of December. The absence of an
agreement led to the governmental shutdown, but for a handful of federal agencies
such as the Department of Defense. Most federal agencies that address issues of
concern to the District were shuttered. As the second week of the shutdown begins,
it now appears more likely that any resolution will hinge on how the debt ceiling
agreement will be fashioned in connection with any year-long fiscal year 2014
spending bill. According to the Treasury Department, an increase of the debt limit
must occur by October 17 to avoid a default on U.S. obligations. Whether a
resolution can be reached by October 17 remains unclear because of the necessity in
the House for the Speaker to cobble together enough Republican rank and file
members to vote in support of a compromise. The priority within the House
Republican Conference to defund the health care law (ACA) remains a paramount
issue. Thus, unless a legislative solution is developed to side step the priority and
gain Democratic support with non-TEA Party Republicans,the prospects for a timely
resolution remains unclear. Nonetheless, as the budget and ACA debate continues
congressional committees are continuing to do the groundwork to advance policy
initiatives.
The following summarizes the status of pending policy issues of interest to the
District.
Water Resources Policy Advances
During the past month, the House Committee on Transportation and Infrastructure
approved its version of a water resources bill, the Water Resources Reform and
Development Act (WRRDA, H.R. 3080). Under the House measure that was
approved on a bipartisan voice vote, the measure seeks to expedite environmental
permitting reviews associated with water resources projects. For the District, the
importance of the bill's passage are provisions to enhance the construction of water
resources projects and to provide reviews by federal and nonfederal stakeholders to
ENS Resources,Inc.
110114th Street NM,Suite 350
Washington,D C.20005
Phone 202.466.3755/Telefax 202.466.3787
Return to Mends Report
determine if permitting conditions are warranted based on the circumstances
surrounding a project. This language could provide the District with an opportunity
to revise its permitting conditions associated with the protection of the SARI Line
and the placement of riprap. To this end,we worked with congressional delegation
offices to develop an approach that could remove the responsibility for the District
to remove the riprap. Instead, an approach to provide federal cost-share by the U.S.
Army Corps of Engineers through an existing authority is being pursued. The
initiative has received qualified support from a number of delegation staff.
Additionally, committee staff has expressed a willingness to examine the issue to
determine if there is an opportunity to reduce needless regulatory mandates
associated with the placement and removal of the riprap. A draft letter seeking to
request an amendment to address the District's concerns and needs (without
triggering anti-earmark policy) has been developed and is pending before
congressional offices for review. Assuming that a letter is transmitted, it will seek
the committee chairman's approval and adoption of an amendment to modify
existing law in determining restoration projects based on projects created by the
direct or indirect actions of federally sponsored water resources projects.
The effort will also be useful in advance of a House Senate conference committee to
reconcile differences between the two WRDA rewrites. Under the Senate bill, S. 601,
a number of programmatic changes were made to the Section 206 program. These
changes will require reconciling the differences with H.R. 3080 thereby allowing for
a second opportunity to advance the District's priority to ensure an equitable
allocation of costs is established if the removal of the riprap is mandated.
Infrastructure Financing
With committee passage of WRRDA in the House,the committee is preparing to turn
its attention to funding of wastewater infrastructure. During the past month, we
met with committee staff and a senior member of the committee to discuss the
prospect of a reinvigorated water infrastructure program. We found that bipartisan
support exists to address such policy. At this point, we have been informed that
Chairman Bill Shuster (R-PA) intends to address water infrastructure as soon as the
House passes WRRDA. Given the government shutdown, any committee action is
not expected until November. However,when hearings are scheduled,we anticipate
opportunities will present to advance District interests. At the same time, the
Ranking Democrat on the Subcommittee on Water Resources and Environment Tim
Bishop (D-NY) has stated that he intends to move aggressively and call for
incorporation of his infrastructure bill's provisions as the committee considers the
approach to revitalize infrastructure funding policy. Under the Bishop legislation,
the SRF program would be authorized, a WIFIA program would be created, and a
study into the value of a water trust fund would be mandated. The Bishop approach
would authorize almost$14 billion in infrastructure assistance.
On the Republican side, it appears that the committee is reportedly considering a
two-pronged approach. First, it would renew the SRF program at approximately
$1.5 billion per year over five years. Second, it would create a WIFIA program to
foster public private partners'hips to leverage federal assistance.
ENS Resources,Inc.
110114th Street NM,Suite 350
Washington,D C.20005
Phone 202.466.3755/Telefax 202.466.3787
Return to Mends Report
Sunshine on Conflicts Act(H.R. 836)No Change
Our effort to advance the provisions of H.R. 836 remain focused on the Committee
on Transportation and Infrastructure where staff have indicated a desire to
address the policy issue through legislation to renew infrastructure assistance
legislation. Staff continues to insist that they expect such legislation will be
marked up later in the fall after WRDA is addressed.
While we are hopeful that H.R. 836's provisions will be incorporated into an
infrastructure bill, we continued to monitor USEPA's rulemaking efforts. The
agency continues to state that it plans to seek public comment on the existing
income restriction standard that defines conflict for purposes of water board
appointments. The agency is expected to issue a call for comments on the rule and
need for revision later this fall. At that time, the District will need to develop
formal recommendations for agency consideration. In the event that the agency
moves forward on a rulemaking, it would obviate the need for a legislative
remedy.
Municipal Bonds and Budget Sequester
The protracted debate surrounding spending levels has had an unintended impact
on municipal obligations and specifically Build America Bonds. Congress appears
close to accepting a second year of sequester cuts. If this becomes part of any final
budget pact for FY 2014, then it is expected that issuers of BABs would be subject
to a reduction of the cash subsidy of approximately seven percent. However, in a
twist from prior years, if the government shutdown continues for several more
weeks, it could serve to delay subsidy payments. We do not anticipate that the
shutdown will extend for such a term that it would impact disbursement of subsidy
payments. Nonetheless, the District may wish to evaluate its exposure in under
such a scenario.
Finally, the pressure to seek a way out of the government shutdown may lead to a
quasi-grand bargain. A legislative agreement on spending could include a
commitment to enact tax reform by the end of the second session of the 113TH
Congress next year. This potential would likely lead to a serious effort to limit tax
exempt financing through the deniability of federal tax benefits to any individual
that falls above the 28% percent tax bracket. We have communicated to a number
of the delegation about the important value that tax exempt financing provides to
the District in meeting federal water quality mandates. These staff seemed
supportive of the priority to maintain the availability of such financings without
restriction.
ENS Resources,Inc.
110114th Street NM,Suite 350
Washington,D C.20005
Phone 202.466.3755/Telefax 202.466.3787
LEGISLATIVE AND PUBLIC AFFAIRS SPECIAL COMMITTEE 7Num
AGENDA REPORT
Orange County Sanitation District
FROM: James D. Herberg, General Manager
Originator: Robert P. Ghirelli, Assistant General Manager
SUBJECT: OCSD "WASTEWATER 101" VIDEO
GENERAL MANAGER'S RECOMMENDATION
Information Only.
SUMMARY
OCSD budgeted funds this year to update our "Wastewater 101" video that is shown at
plant tours and speaking engagements. The video was produced in 2009. It is out of
date and does not showcase the completion of secondary treatment nor reflect changes
in our biosolids program since EnerTech ceased operations.
Staff will show this 10 minute video at the meeting and seek feedback from committee
members on what they would like to see in a new, updated video.
PRIOR COMMITTEE/BOARD ACTIONS
None.
ADDITIONAL INFORMATION
None.
BUDGET/DELEGATION OF AUTHORITY COMPLIANCE
N/A
ATTACHMENT
N/A
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