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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 Page 1 of 1