Loading...
HomeMy WebLinkAbout12-10-2018 Legislative Committee Meeting Supplemental AgendaOrange County Sanitation District Meeting of the LEGISLATIVE AND PUBLIC AFFAIRS COMMITTEE SUPPLEMENTAL AGENDA Monday, December 10, 2018 12:00 P.M. Administration Building Board Room 10844 Ellis Avenue Fountain Valley, CA (714) 593-7433 The addition of the following item was received from the General Manager after the publication of the Committee Agenda: NON-CONSENT: 5. 2019 LEGISLATIVE AND REGULATORY PLAN (Jennifer Cabral) RECOMMENDATION: Recommend to the Board of Directors to: Approve the Orange County Sanitation District 2019 Legislative and Regulatory Plan. I hereby certify under penalty of perjury under the laws of the State of California that the foregoing Supplemental Agenda was posted outside the main gate of the District's Administration Building located at 10844 Ellis Avenue, Fountain Valley, California not less than 72 hours prior to the meeting. Dated this 4th day of December 2018 . . T LIV'-~ t~ ~rr Tina Knapp, CMC Deputy Clerk of the Board Page 1 of 2 LEGISLATIVE AND PUBLIC AFFAIRS COMMITTEE Meeting Date 12/10/18 To Bd. of Dir. 12/19/18 AGENDA REPORT Item Number 5 Item Number Orange County Sanitation District FROM: James D. Herberg, General Manager Originator: Jennifer Cabral, Public Affairs Supervisor SUBJECT: 2019 LEGISLATIVE AND REGULATORY PLAN GENERAL MANAGER'S RECOMMENDATION Approve the Orange County Sanitation District 2019 Legislative and Regulatory Plan. BACKGROUND Each year, the Board of Directors adopts a legislative and regulatory plan, which is a summary of the Orange County Sanitation District’s (Sanitation District) goals, key issues, and policy positions. The legislative and regulatory policies in this document were developed taking into consideration the Sanitation District’s priorities, the wastewater industry, and the Sanitation District’s member agencies and policy needs. These Board-approved policies serve as the Sanitation District’s official positions of support or opposition on issues of importance to the agency. The legislative and regulatory plan is a dynamic document, adopted annually, and is modified to meet the needs of the Sanitation District as federal, state, and local policymaking agendas change throughout the year. 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 Page 2 of 2 process to produce biosolids to fertilize crops and energy used to help power the two plants in Fountain Valley and Huntington Beach. PROPOSED SOLUTION Approve the 2019 Legislative and Regulatory Plan. Advise staff to work with Local, State and Federal officials to advocate the Sanitation District’s legislative interests and help to pursue grants and create/monitor legislation that would benefit the 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 the 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. ATTACHMENT The following attachment(s) are included in hard copy and may also be viewed on-line at the OCSD website (www.ocsd.com) with the complete agenda package: • OCSD 2019 Draft Legislative/Regulatory Plan ORANGE COUNTY SANITATION DISTRICT 2019 Legislative and Regulatory Plan Orange County Sanitation District 2019 Legislative & Regulatory Plan 2 January 2019 Legislative & Regulatory Affairs Team OCSD Staff Rebecca Long Senior Public Affairs Specialist (714) 593-7444 rlong@ocsd.com Jennifer Cabral Public Affairs Supervisor (714) 593-7581 jcabral@ocsd.com Jim Herberg General Manager (714) 593-7110 jherberg@ocsd.com Federal Lobbying Team Eric Sapirstein ENS Resources (202) 466-3755 esap@ensresources.com David French ENS Resources (202) 466-3755 dfrench@ensresources.com State Lobbying Team Cori Williams Townsend Public Affairs (949) 399-9050 cwilliams@TownsendPA.com Eric O’Donnell Townsend Public Affairs (949) 399-9050 eodonnell@TownsendPA.com Christopher Townsend Townsend Public Affairs (949) 399-9050 ctownsend@TownsendPA.com Regulatory Advocacy Team Tom Meregillano, Senior Regulatory Specialist (714) 593-7457 tmeregillano@ocsd.com James Colston, Director of Environmental Services (714) 593-7450 jcolston@ocsd.com Orange County Sanitation District 2019 Legislative & Regulatory Plan 3 January 2019 Introduction The Orange County Sanitation District (OCSD) recognizes the need for an active local, state and federal legislative and regulatory advocacy program to ensure that the interests of the ratepayers and the Board of Directors (Board) are protected and supported. Towards that end, the legislative and regulatory team actively engages, pursues, and monitors activities in California and Washington, D.C. and takes appropriate action in support of or opposition to legislative and regulatory initiatives. Each year, the Board of Directors adopts a legislative and regulatory plan, which is a summary of OCSD’s goals, key issues, and policy positions. The legislative and regulatory policies in this document were developed taking into consideration OCSD’s priorities, the wastewater industry, and OCSD’s member agencies and policy needs. These Board-approved policies serve as OCSD’s official positions of support or opposition on issues of importance to the agency. The legislative and regulatory plan is a dynamic document, adopted annually and is modified to meet the needs of OCSD as federal, state, and local policymaking agendas change throughout the year. The legislative and regulatory team, in conjunction with the Board, may take appropriate action consistent with the legislative and regulatory plan, including, but not limited to, drafting letters, lobbying legislators, regulators, and staff, and crafting bills and proposing legislation and regulations. Procedure for Taking Positions on Bills and Proposed Regulations 1. Staff will track bills and proposed regulations of greatest interest to OCSD, particularly those that fall within the goals and objectives identified by the Board and included in this plan. Staff will monitor bills and proposed regulations being watched by similar agencies in Orange County (Irvine Ranch Water District, South Orange County Water Authority, Orange County Water District, Municipal Water District of Orange County, etc.) as well as state, federal and national associations such as California Association of Sanitation Agencies (CASA), Southern California Alliance of Publicly Owned Treatment Works (SCAP), California Special Districts Association (CSDA), Association of California Water Agencies (ACWA), Association of California Cities Orange County (ACC-OC), League of California Cities (LOCC), and National Association of California Water Agencies (NACWA), 2. For those bills and proposed regulations that are being tracked and where there is clear policy direction stated in the Board-adopted legislative and regulatory plan or adopted goals, staff can send letters to legislators and regulators and give direction to the lobbyists to advocate that position. 3. Where an issue is not urgent, all legislative letters will be hand-signed by the Board Chair or Vice Chair. If a matter is urgent, staff may use the electronic signature, so long as a clear policy direction exists and the General Manager or Designee approves the letter. 4. When a bill does not fall within the scope of the legislative and regulatory plan or is a controversial issue, staff will seek direction from the Legislative and Public Affairs Committee. 5. If a bill does not fall within the scope of the legislative plan, but the Association of California Cities Orange County (ACCOC), California Association of Sanitation Agencies (CASA), the California Special Districts Association (CSDA) or the National Association of Clean Water Agencies (NACWA) has an adopted position, staff may follow this position but must inform the Legislative and Public Affairs Committee of such action at the next regularly scheduled meeting. Orange County Sanitation District 2019 Legislative & Regulatory Plan 4 January 2019 Guiding Priorities • Seek funds for OCSD projects through grants, appropriations, or other means; • Maintain local control over governance of special districts and other local entities; • Oppose redundant regulatory requirements; • Support legislative regulatory streamlining that promotes public health and the environment. Federal Priorities • Advocate for robust federal water infrastructure funding including State Revolving Fund and the Water Infrastructure Improvements for the Nation (WIIN) Act including water infrastructure provisions. • Identify and work to secure general and direct federal grants assistance, Water Infrastructure Finance and Innovation (WIFIA) Act assistance, green infrastructure, renewable energy, and water recycling project assistance. • Work with Congress and United States Environmental Protection Agency (EPA) to advance implementation of the WaterSense Program to increase the use of energy efficient technologies at the Sanitation District while protecting against OCSD treatment cost increases related to program rulemaking. • Monitor federal agency grants for funding of traditional wastewater treatment needs, alternative renewable energy, bioenergy, water recycling, biosolids beneficial use, and beach protection. • Work with Administration and Congress to advance commonsense permitting processes including ten-year National Pollutant Discharge Elimination System (NPDES) permits and programmatic permits issued by United States EPA and the U.S. Army Corps of Engineers to promote reduced costs to ratepayers. • Work with OCSD’s congressional delegation and administration officials to advance resiliency and infrastructure policies that promote the funding of OCSD’s water recycling and other conservation projects. Seek to secure adequate funding of programs authorized in drought relief legislation to facilitate funding of OCSD’s project priorities. • Support legislation, policies and regulations that offer to provide below market bonding rate assistance to construct treatment facilities, including credit assistance and infrastructure banks. Focus should be on energy recovery technologies, core infrastructure assistance related wastewater treatment, funding of final stage of water recycling needs, and related demonstration of evolving technologies to address brine line needs. • During the fiscal year 2020 appropriations, identify opportunities to secure federal support of Sanitation District project needs as part of any budget decision making process for the coming fiscal year. • Promote restoration of federal deductibility of state and local tax payments and oppose elimination or restriction on the use or availability of tax-exempt financing for public infrastructure. • Support at least $3 billion in annual federal appropriations for the Clean Water Act State Revolving Fund (CWSRF). Work with Congress and the United States Environmental Protection Agency to streamline the Clean Water Act permitting processes. Provide assurances that CWSRF appropriations are not transferred to State Drinking Water State Revolving Fund (SRF) needs. • Support legislation to revise the SRF allocation formula to allow for appropriate and fair share of funding to California consistent with United States Environmental Protection Agency (EPA) study (20% increase in share). • Support removal of private activity Bond State Volume Cap on water and wastewater facilities to allow for innovative financing options such as public private partnerships. • Work with the EPA on emerging regulatory issues of concern including integrated plans and monitoring effluent limitations and guidelines including but not limited to the dental amalgam program. Orange County Sanitation District 2019 Legislative & Regulatory Plan 5 January 2019 • OCSD will continue to advocate for federal policies that minimize regulatory burdens imposed upon communities and public agencies that seek to adopt programs for the giveback of pharmaceuticals that will result in the reduction of disposal of pharmaceuticals through wastewater treatment facilities. Additionally, OCSD will advocate for federal funding of programs currently authorized that support the development of pharmaceutical management programs including education. • Support development of infrastructure policies and legislation that will close funding gaps and encourage direct grants assistance in support of projects and programs addressing resiliency needs that protect OCSD investments from natural disasters. • Work with U.S. Department of Energy and U.S. Environmental Protection Agency (EPA) to identify and support efforts to secure funding assistance for OCSD energy water nexus project demonstrations. • Oppose EPA’s reform to change the cellulosic biofuel value of the co-digestion of organics, which will lower Renewable Identification Number (RIN) credit. State Priorities • Secure funding through grants and legislation for infrastructure, collection improvements and alternative renewable energy at the Fountain Valley, Plant No. 1 and Huntington Beach, Plant No. 2. • Promote a regional distribution/statewide equity approach to the disbursement of State Revolving Fund monies. • Oppose legislation or any regulations that would mandate volumetric pricing of wastewater. • Continue to monitor the state budget process and actively protect the allocation of local property taxes to special districts. • Work with legislators who introduced legislation such as SB 163 (Hertzberg, 2015) in order to ensure that no unrealistic regulations are placed on wastewater treatment facilities, including OCSD. • Oppose state mandates, regulations, or legislation such as AB 1217 (Daly, 2015) that set, alter, or otherwise modify the governance structure of special districts, joint powers authorities, or other local government entities. • Support efforts to competitively seek funding for projects that meet the State’s goals of expanded water supply and energy reduction. • Where appropriate, pursue State funding for critical aging infrastructure, through funding sources made available through any agency including but not limited to the State Water Resources Control Board and the Department of Water Resources. • Support and participate in Integrated Regional Water Management planning efforts in the Santa Ana River watershed. • Oppose restrictive and redundant regulatory requirements for biosolids. • Support the creation of a Statewide Organics Management Plan that includes the beneficial use of biosolids. • Support funding through grants and legislation for a Food Waste/Organic Co-Digestion facility at OCSD. • Monitor pension reform legislation for clean-up bills and relevant proposed regulations. • Support the State’s efforts to increase the effectiveness and efficiencies of Local Agency Formation Commissions. Orange County Sanitation District 2019 Legislative & Regulatory Plan 6 January 2019 • Support efforts to reform the California Environmental Quality Act (CEQA) to streamline current procedures and regulations for projects to refurbish or replace existing infrastructure facilities. • Actively monitor the Little Hoover Commission hearings and reports related to climate change adaptation, special districts and other topics as it relates to OCSD. • Support the inclusion of recycled water credits during the development of long-term water conservation legislation and regulations. • Support legislation or regulations that restrict the use of microplastics in any product that is disposed of through the sewer system. • Support legislation or regulations that discourage the flushing of wipes through the sewer system. Orange County Sanitation District 2019 Legislative & Regulatory Plan 7 January 2019 Appendix A. Federal Tactics B. State Tactics C. Legislative and Regulatory Policies Federal Tactics Initiative Action 1. Identify and advise on federal funding opportunities for OCSD infrastructure projects • Schedule meetings with federal agency stakeholders and senior officials in Washington D.C. and district offices to build support for OCSD priority projects; • Work with congressional delegation to update priority needs; and • Develop white papers to justify requested assistance through direct grants. 2. Seek funding assistance to advance recovery of energy and other resources from biosolids • Meet with federal agency officials to discuss funding opportunities and options related to the energy water nexus; and • Work with U.S. Environmental Protection Agency and other agencies to advance energy and water efficient technologies related to WaterSense grant program. 3. Seek Infrastructure assistance A. Robust funding of State Revolving Fund (SRF) and revise SRF Allocation Formula B. Innovative Financing C. Project Streamlining • Meet with congressional delegation; • Develop priorities and disseminate to OCSD congressional delegation; • Advocate before congressional infrastructure committees and applicable Executive Branch officials to secure adoption of alternative water infrastructure financing including credit, loans, public-private-partnerships and grants in addition to direct grants assistance; • Work to secure legislation and policies that expedite the National Environmental Policy Act and related reviews and approvals; and • Work with Congress and U.S. Bureau of Reclamation on proposals to provide enhanced alternative water infrastructure financing tools. Appendices Appendix A Orange County Sanitation District 2019 Legislative & Regulatory Plan 8 January 2019 4. Support tax reform that protects public agencies • Work with NACWA and CASA in support of unrestricted use of tax- exempt financing and feasible innovative financing approaches such as infrastructure banks to supplement traditional funding approaches; • Work with state and local government stakeholders to restore state and local tax deductibility and advocate before congressional delegation; and • Submit testimony and transmit communications on tax-exempt financing and where possible present testimony. 5. Support resiliency legislation and policies that support protection of OCSD investments and promote water recycling assistance • Work with delegation and regulators to ensure incorporation of new programs for water recycling assistance; • Work with NACWA, CASA and ACWA to support resiliency/water recycling legislation; and • Work with congressional infrastructure committees to secure assistance for resiliency projects. 6. Work with federal agencies on permitting issues • Work with U.S. Department of Energy on alternative energy permitting issues; • Work with U.S. Fish and Wildlife Service on environmental site assessment issues; • Advocate to authorize U.S. EPA to provide National Pollutant Discharge Elimination System (NPDES) permits terms for a period of up to 10- years; • Seek introduction of amendment to Clean Water Act to address administrative efficiencies in the selection of water board appointees. Orange County Sanitation District 2019 Legislative & Regulatory Plan 9 January 2019 State Tactics Initiative Action 1. Develop a proactive legislative and regulatory advocacy agenda • Identify legislation that has the potential to benefit or impact OCSD, as legislation is introduced and amended; • Identify proposed state and local regulations that are introduced that have the potential to benefit or impact OCSD; • Recommend positions on identified legislation and proposed regulation to align with OCSD’s legislative and regulatory plan; • Create and continually update a legislative and regulatory matrix to track identified pieces of priority legislation and proposed regulations; and • Schedule advocacy days in Sacramento with legislators and committee staff and regulators; • Continue an active letter writing campaign to support or oppose priority legislation and proposed regulations; • Schedule meetings with legislators, regulators, stakeholders, and senior officials in Sacramento and district offices to build support for OCSD priority projects; and • Participate in CASA’s legislative committees and Regulatory Workgroup and SCAP’s air, water, and biosolids committees. 2. Compile a comprehensive list of Capital Improvement projects • Meet with OCSDs Executive Management Team to discuss future capital projects and priorities, and • Match capital improvements with funding opportunities based on project eligibility. 3. Monitor and advise on possible funding opportunities, including but not limited to funding through Statewide bonds • Proactively engage in the drafting of grant funding guidelines and provide input to drafting agency or committee to ensure eligibility and competitiveness of OCSD projects and priorities; • Proactively engage on proposed legislation and regulations that would have an impact on the implementation of funding programs; and • Identify funding opportunities and provide recommendations for eligible projects. Create an advocacy and outreach schedule on the planning and execution of efforts to seek funds. Appendix B Orange County Sanitation District 2019 Legislative & Regulatory Plan 10 January 2019 4. Monitor and advise on funding available through Cap and Trade • Monitor the rollout of the Cap and Trade Expenditure Plan for waste diversion projects. Continue to advocate for additional funding in future Cap and Trade Expenditure Plans that OCSD is eligible for; • Identify eligible and competitive projects and programs; and • Create a schedule on planning and execution of efforts to seek funds, including outreach and advocacy strategy. 5. Monitor and advise on energy or other resource recovery related funding opportunities • Track energy related grant opportunities; • Identify potential projects for funding, including, but not limited to: alternative renewable energy, biosolids to energy conversion, organic waste (high strength food waste and fats, oils, and grease) to energy conversion, and greenhouse gas reduction projects; • Ensure wastewater interests are protected as significant decisions are made related to renewable energy production financing, mandates, climate change goals, programs and continued efforts to extend the state’s emissions reduction target; • Schedule meetings with local delegation as well as key members to discuss project benefits and funding opportunity; • Support initiatives that help OCSD strive for energy independence by minimizing energy utilization and maximizing useful energy recovery from the sewage it receives; and • Support renewable energy initiatives that are reasonable and fair. 6. Schedule and attend advocacy and outreach meetings to provide OCSD project updates • Educate current administration, key staff and agencies on priority projects and advocate for funding allocations that align with OCSD priorities; • Schedule stakeholder meetings to build support for projects; • Hold advocacy meetings in coordination with funding opportunities and project timelines; • Work with relevant budget committees, budget sub-committees, policy committees and their staff to advocate for funding allocations that align with OCSD priorities; and • Provide full briefings and updates to Orange County legislative delegation and relevant members on OCSD priority projects. 7. Regulatory relief to allow for water recycling and expansion of GWRS • Outreach with the California Environmental Protection Agency, Department of Toxic Substances, State Water Resources Control Board, Regional Water Quality Control Board, the governor's office, legislative leadership and other appropriate stakeholders. 8. Development and advocacy for design-build legislation targeted at OCSD projects • Support and advocate for legislation that will expand the approved uses of design-build for OCSD specific projects; and • Schedule briefings and updates with Orange County legislative delegation to discuss potential design build legislation. Orange County Sanitation District 2019 Legislative & Regulatory Plan 11 January 2019 9. Development and implementation of a statewide biosolids land application management policy • Work in conjunction with CASA and SCAP to outreach, educate and develop an advocacy strategy for regulatory framework that will support statewide objectives to manage biosolids land application. 10. Development and implementation of a strategy to relieve OCSD of cumbersome and outdated bid advertising costs • Work with relevant legislators and committees to draft legislation that will lessen the cost burden on OCSD of complying with outdated bid advertising requirements; and • Conduct outreach with various other Sanitation Districts across the State to form a coalition to support any efforts. 11. Development and advocacy for legislation to raise the contracting and bid threshold for Sanitation Districts • Meet with local labor groups to initially present the issue; • Brainstorm proposed solutions that will give OCSD and other Sanitation District’s more flexibility to complete small scale public works projects in house; • Work in conjunction with CASA to outreach, educate, and develop an advocacy strategy that will target all Sanitation Districts affected by the current threshold limitations; and • Develop and advocate for legislation that will raise the threshold for work that can be performed in house as well as work that is required to be bid. Orange County Sanitation District 2019 Legislative & Regulatory Plan 12 January 2019 Legislative and Regulatory Policies 1. Air Quality: OCSD is committed to complying with federal, state, and local air quality laws, rules, regulations, and policies. a. Support air quality legislations, regulations, rules, and policies that emphasize the use of advanced technologies and promote greater flexibility and financial incentives to reduce air emission. b. Support measures that maintain and enhance local decision-making authority, where appropriate, in the development and implementation of air quality attainment strategies. c. Support legislation and regulations to ensure greater consistency between the California and Federal Clean Air Acts. d. Support strategies that clearly demonstrate and provide for the most cost-effective means for meeting air quality goals. e. Continue to commit to adhere to OCSD’s odor policy to assure that OCSD is a good neighbor to the surrounding communities. f. Monitor legislation and regulations that would mandate OCSD to act as an air quality regulator and enforcer. g. Support legislation that would facilitate emission reduction credits for wastewater treatment plants. h. Oppose additional redundant requirements and double reporting requirements with respect to air quality or greenhouse gas emissions, including but not limited to reporting requirements associated with AB 617 (Garcia). 2. Biosolids and Biogas: OCSD strives to beneficially use biosolids through multiple management options performed at reasonable costs that are protective of public health and the environment and offer cost- effective alternatives to land application. a. Support legislation, regulations and policies that support the beneficial use of biosolids on agricultural lands, landscape, horticulture, California Healthy Soils Initiatives, mine reclamation, fire ravaged lands, superfund sites, brownfields, overgrazed lands, carbon sequestration and wetland restoration. b. Support the promotion and funding of local pilot programs, studies, and research for the beneficial use of biosolids. c. Oppose legislation, regulations, and policies that imposes bans or restrictions on use of biosolids for land application in any region, county, or state. d. Support alternative energy legislation, regulation and policies that encourage use of biosolids as a renewable energy resource. e. Support streamlined legislation, regulations and policies that encourage the procurement of biogas, biosolids, and compost. f. Support CalRecycle, California Air Resources Board (CARB), California Public Utilities Commission, Appendix C Orange County Sanitation District 2019 Legislative & Regulatory Plan 13 January 2019 (CPUC), California Energy Commission (CEC), California Department of Food and Agriculture (CDFA), and State Water Resources Control Board (SWRCB) accepting quality standards that allow wastewater treatment plants to inject biogas production into existing pipelines for use. g. Limit redundant reporting requirements on organics, recyclable material, and solid waste as mandated by AB 901. 3. Source Control: OCSD supports legislative that reduces pollutants and harmful materials that could enter the sewer system. a. Support statewide or targeted public education programs and initiatives that teach appropriate “What To Flush” practices. b. Support legislation and funding opportunities that aim to decrease the amount of microplastics deposited through the sewer system. c. Support legislation that regulates the disposal of flushable wipes. d. Support legislation and funding mechanisms that reduce the amount of trash, waste, chemicals, and harmful organic material that enter the sewer system. 4. Grant Funding: OCSD is committed to advancing the state of knowledge in the treatment and management of wastewater through the application of innovative and alternative technologies. To this end, OCSD supports grants assistance to offset its research, special projects and capital improvement projects. a. Support legislation, bonds, programs and projects that provide funding for: infrastructure construction and rehabilitation, special studies and research or projects relating to security, environmental education, water quality, wastewater processing, urban runoff, wastewater recycling, biosolids and organics management, water quality improvement, resource recovery, or alternative energy. b. Support projects that provide for public benefit over projects that are primarily intended for private benefit or gain. c. Oppose proposals placing further requirements on grant recipients that return low value for high administrative costs. d. Support regional collaboration and funding for public agencies for food waste co digestion and recycling projects. 5. Innovative Funding: OCSD is committed to supporting programs that provide the highest quality services to its ratepayers. a. Support programs to leverage federal assistance such as credit assistance and highly subsidized loan assistance. b. Support Public-Private-Partnerships, Public to Public and other financing approaches that can reduce costs only if such projects do not impose costs on OCSD ratepayers. c. Support the fully funding of the Clean Water Act- State Revolving Fund Program at $3 billion annually. Orange County Sanitation District 2019 Legislative & Regulatory Plan 14 January 2019 d. Seek federal assistance to support water conservation projects such as water recycling, green infrastructure through the Water Infrastructure Finance and Innovation Act (WIFIA) and direct grants to reduce project costs. 6. Labor Relations: OCSD is committed to employer-employee relations including, but not limited to: meeting and conferring in good faith with recognized employee organizations regarding the wages, hours of work and other terms and conditions of employment. As Congress considers reforming the federal tax code, many of the provisions subject to reform may impact labor relations. a. Support measures to reform current workers compensation formulas that rely on a proportionate exposure formula. b. Support health insurance reform that does not create additional financial burdens on special districts. c. Support measures to ease applicability of the Fair Labor Standards Act (FLSA) on public agencies. d. Oppose any measure imposing compulsory and binding arbitration with respect to public employees. e. Oppose any measure that imposes upon local government mandated employee benefits that are more properly decided at the local bargaining table. f. Oppose efforts reducing local control over public employee disputes and imposing regulations on an outside agency. g. Oppose any measure granting public employees the right to strike. h. Oppose a new mandatory Social Security tax for public employers and public employees. 7. Security: OCSD is committed to the safety of all personnel, facilities, and the entire sewer system. a. Support legislation that would create efficiencies around the retention policy of surveillance video for innocuous recordings. b. Support funding for the hardening of essential regional facilities such as water recycling and sewer collection and recycling sites. c. Support legislation and funding for regional emergency management collaboration to protect critical infrastructure. 8. Planning: OCSD ensures the long-range planning of capital improvement programs in order to deliver the highest quality facilities. a. Support reform of existing state, regional and local planning processes only if directly linked to reforms in the current revenue and tax structure of state and local governments. b. Support measures that provide new revenues for growth management and the public facilities necessary to support expected growth. c. Support proposals encouraging regional, sub-regional or countywide cooperation in planning urban development strategies, especially those that provide funding for effective implementation of agreed upon goals. Orange County Sanitation District 2019 Legislative & Regulatory Plan 15 January 2019 d. Oppose legislation consolidating special districts that fail to address the concerns of cities affected by the proposed consolidation. e. Oppose measures that prevent or restrict the ability of cities or special districts to participate in the Southern California Association of Governments’ (SCAG) sub-regional process. 9. Public Health: Protection of public health is OCSD’s core mission. OCSD will work cooperatively with county and state health officers to assure local health protection. a. Support hazard mitigation, emergency response, planning, and recovery through direct legislation, policy directives, and funding toward floodplain security within the Santa Ana River watershed. b. Support (generally) measures that provide for improved public health through regulation. c. Support the protection of public health and environment through the construction and implementation of advanced wastewater treatment technology. d. Support sharing critical information and data from state and county agencies in the interest of protecting the public health and saving taxpayer dollars. e. Monitor legislation that provides additional occupational safety and health standard requirements for employees, contractors, or subcontractors. 10. Public Works: OCSD is committed to the achievement of effective and efficient projects that provide wastewater treatment services that benefit its ratepayers. a. Support measures that provide funding and support to publicly owned treatment works and sewage collection systems. b. Support legislation and regulation that allow public agencies to procure goods and services in manners similar to private industry, thereby reducing overall costs of delivery. c. Support legislation and regulation that improve the Utility Underground Service Alert Program in order to improve coordination, identification, minimize damage, minimize environmental risks, and minimize cost exposure to publicly owned facilities when contractors are performing sub- surface work. d. Support a comprehensive response to the state’s electricity and natural gas shortages that provide a stable energy supply, respects the ability of municipalities to provide power, recognizes that infrastructure (i.e. emergency and standby generators) exists that could be employed temporarily during periods with minimal air quality impact and protects ratepayers (including cities and special districts) against dramatic rate increases and statewide power outages. e. Support legislation and regulation that allow OCSD to utilize the Best Value Design/Build option for the construction of public works projects. f. Oppose Buy American mandates legislation that would increase project costs or prevent the use of the most innovative technologies. g. Monitor legislation that would require the inspection and possible repair of sewer laterals at the time of sale in residential, commercial, and industrial areas Orange County Sanitation District 2019 Legislative & Regulatory Plan 16 January 2019 h. Support legislation that allows OCSD to utilize Job Order Contracting to more efficiently contract for routine projects i. Monitor legislation connected with government claims against special districts regarding risk and wrap-up insurance 11. Tax Reform/Revenue and Taxation: Track pending legislation to ensure OCSD remains in compliance with the government code as it pertains to wastewater system user fees and property tax revenues and the investment of public funds. a. Support measures leading to a greater financial independence from the state that would result in greater stability and predictability in local government budgeting. b. Oppose measures that impose mandated costs for which there is no guarantee of local reimbursement or offsetting benefits. c. Oppose legislation that shifts tax revenues away from local governments without the adequate provision of a constitutionally guaranteed backfill to offset the lost revenues of those local governments. d. Oppose measures that shift existing local revenue sources back to the state, including the special district share of property tax, sales tax, vehicle license fees, and rate payer fees. e. Oppose the use of revenues traditionally used to fund the delivery of municipal services to fund programs for which the state is responsible, particularly the courts, health, and welfare programs. f. Oppose elimination or restriction of state and local tax deduction from federal tax liability of local taxpayers. g. Oppose elimination or restriction on the availability of municipal tax-exempt financing for public infrastructure projects. 12. Special Districts: OCSD supports the maintenance of special districts to provide specific services, in response to citizen’s demands, in a cost-effective manner. a. Support outreach to local, regional, and state elected officials to foster a greater understanding regarding the critical relationship between adequate reserves and the successful short-and-long- term operation of water and wastewater agencies. b. Support the work of the Association of California Water Agencies (ACWA), California Association of Sanitation Agencies (CASA), and California Special Districts Association (CSDA) in any future discussions or negotiations pertaining to the legislative and budget issues relative to preserving control of members’ reserves. c. Oppose further state regulations that adversely impact special district financing, operations, and administration. d. Oppose measures that create or grant powers to sub-regional or regional bodies that would result in an infringement on clearly local concerns. e. Oppose any administrative or legislative efforts to access or transfer any reserve funds held by water and wastewater districts. Orange County Sanitation District 2019 Legislative & Regulatory Plan 17 January 2019 f. Oppose the imposition of unfunded, mandated programs on local governments. g. Oppose efforts that diminish OCSD’s ability to govern efficiently and effectively, including expanding the size of the Board of Directors. h. Support alternate methods of public meetings notices that maintain transparency but are more cost efficient and technologically advanced 13. Water Quality and Supply: OCSD is committed to participating collaboratively in the protection of regional water resources for the benefit of the people we serve. a. Support (generally) measures to increase water supply and improve water quality in the region, including drought relief legislations and regulations. b. Support measures that would increase funding for water reuse technologies, including support for the Groundwater Replenishment System project by the Orange County Water District and OCSD to create new water supplies through wastewater recycling. c. Support measures that promote and provide for the use of reclaimed water. d. Support policy development, funding, and research for addressing urban runoff, stormwater, and beach closures, including funding for studies that identify the sources of bacterial, viral and other microbial contaminants and human pathogens. e. Support measures to evaluate water quality standards, as needed, to ensure the objectives are appropriately protecting the designated use. f. Support legislation and regulation that would direct U.S. EPA levied fines to remain in the region. g. Support measures addressing non-point source pollution in order to protect our ocean water quality and provide funding to mitigate its effects, including integrated permitting approaches that can reduce costs and achieve water quality improvements while allowing permits to be tailored to the needs of Orange County and its watershed. h. Support national infrastructure policies that contain aspirational goal that promotes improved water use efficiency in construction of water efficient buildings and communities. i. Support legislation and regulation that promote improved water use efficiency through state assistance in evaluating and implementing new programs and technologies and increasing public awareness of water use efficiency. j. Support legislation and regulation that provide for the development of the watershed approach, including watershed management plans and watershed-based permitting. k. Support legislation and regulation that necessitate the responsible use of water in residential, commercial, and industrial areas. l. Support environmental guidelines on government agencies that would safeguard the region while providing increased protections. m. Oppose the imposition of statewide fees for environmental cleanup that is caused through private sector actions or are regional in nature (e.g., when the nexus between those responsible for environmental abuse and those required to pay for cleanup or mitigation is absent). n. Support approaches to reduce compliance costs associated with stormwater controls including the use of integrated plans.