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HomeMy WebLinkAbout11-05-2018 Legislative Committee Meeting Agenda11/05/2018 Legislative and Public Affairs Committee Page 1 of 3 Orange County Sanitation District Meeting of the LEGISLATIVE AND PUBLIC AFFAIRS COMMITTEE Monday, November 5, 2018 12:00 P.M. Administration Building Board Room 10844 Ellis Avenue Fountain Valley, CA (714) 593-7433 AGENDA PLEDGE OF ALLEGIANCE: DECLARATION OF QUORUM: PUBLIC COMMENTS: If you wish to address the Committee on any item, please complete a Speaker’s Form (located at the table at the back of the room) and submit it to the Clerk of the Board or notify the Clerk of the Board the item number on which you wish to speak. Speakers will be recognized by the Chairman and are requested to limit comments to three minutes. REPORTS: The Committee Chair and the General Manager may present verbal reports on miscellaneous matters of general interest to the Committee Members. These reports are for information only and require no action by the Committee. CONSENT CALENDAR: Consent Calendar Items are considered to be routine and will be enacted, by the Committee, after one motion, without discussion. Any items withdrawn from the Consent Calendar for separate discussion will be considered in the regular order of business. 1. APPROVAL OF MINUTES (Clerk of the Board) RECOMMENDATION: Approve minutes for the Committee meeting held on October 8, 2018. NON-CONSENT: 2. LEGISLATIVE CONSULTANTS (Jennifer Cabral) RECOMMENDATION: Recommend to the Board of Directors to: A. Approve a Professional Services Agreement with Townsend Public Affairs, Inc. for State Legislative Services, Specification No. CS-2018-970BD, for the period of January 1, 2019 through December 31, 2022 at a monthly rate of $6,000 per month and not to exceed $72,000 per year, with (1) one-year renewal option. 11/05/2018 Legislative and Public Affairs Committee Page 2 of 3 B. Approve a Professional Services Agreement with ENS Resources for Federal Legislative Services, Specification No. CS-2018-971BD, for the period of January 1, 2019 through December 31, 2022 at a monthly rate of $7,700 per month and not to exceed $92,400 per year, with (1) one-year renewal option. INFORMATION ITEMS: 3. CALIFORNIA ASSOCIATION OF SANITATION AGENCIES (CASA) (Jennifer Cabral) Ms. Jessica Gauger, Director of Legislative Advocacy, CASA to present information. 4. LEGISLATIVE AFFAIRS UPDATE (Rebecca Long) 5. DRAFT 2019 LEGISLATIVE/REGULATORY PLAN (Jennifer Cabral) 6. PUBLIC AFFAIRS UPDATE (Jennifer Cabral) OTHER BUSINESS AND COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS, IF ANY: ADJOURNMENT: The next Legislative and Public Affairs Committee meeting is scheduled for Monday, December 10, 2018 at 12:00 p.m. 11/05/2018 Legislative and Public Affairs Committee Page 3 of 3 Accommodations for the Disabled: Meeting Rooms are wheelchair accessible. If you require any special disability related accommodations, please contact the Orange County Sanitation District Clerk of the Board’s office at (714) 593-7433 at least 72 hours prior to the scheduled meeting. Requests must specify the nature of the disability and the type of accommodation requested. 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, and on the Sanitation District’s website at www.ocsd.com, not less than 72 hours prior to the meeting date and time above. All public records relating to each agenda item, including any public records distributed less than 72 hours prior to the meeting to all, or a majority of the Board of Directors, are available for public inspection in the office of the Clerk of the Board. Agenda Description: The agenda provides a brief general description of each item of business to be considered or discussed. The recommended action does not indicate what action will be taken. The Board of Directors may take any action which is deemed appropriate. NOTICE TO DIRECTORS: To place items on the agenda for the Committee Meeting, items must be submitted to the Clerk of the Board 14 days before the meeting. Kelly A. Lore, MMC Clerk of the Board (714) 593-7433 Klore@ocsd.com For any questions on the agenda, Committee members may contact staff at: General Manager James D. Herberg (714) 593-7300 jherberg@ocsd.com Assistant General Manager Rob Thompson (714) 593-7310 rthompson@ocsd.com Assistant General Manager Lorenzo Tyner (714) 593-7550 ltyner@ocsd.com Director of Environmental Services James Colston (714) 593-7450 jcolston@ocsd.com Public Affairs Supervisor Jennifer Cabral (714) 593-7581 jjcabral@ocsd.com Senior Public Affairs Specialist Rebecca Long (714) 593-7444 rlong@ocsd.com 10/08/2018 Legislative and Public Affairs Committee Minutes Page 1 of 4 MINUTES OF THE LEGISLATIVE AND PUBLIC AFFAIRS COMMITTEE Orange County Sanitation District Monday, October 8, 2018 at 3:30 p.m. A meeting of the Legislative and Public Affairs Committee was called to order by Committee Chair Peter Kim on Monday, October 8, 2018 at 3:35 p.m. in the Administration Building of the Orange County Sanitation District. Committee Vice-Chair Allan Bernstein led the pledge of allegiance. A quorum was declared present, as follows: COMMITTEE MEMBERS PRESENT: Peter Kim, Chair Allan Bernstein, Vice-Chair John Withers, Member-At-Large Greg Sebourn, Board Chair David Shawver, Board Vice-Chair COMMITTEE MEMBERS ABSENT: Donald P. Wagner, Member-At-Large Chad Wanke, Member-At-Large STAFF PRESENT: Jim Herberg, General Manager Rob Thompson, Assistant General Manager Lorenzo Tyner, Assistant General Manager Celia Chandler, Director of Human Resources Jim Colston, Director of Environmental Services Ed Torres, Director of Operations & Maintenance Kelly Lore, Clerk of the Board Jennifer Cabral Daisy Covarrubias Marc Dubois Alfredo Garcia Rebecca Long Mark Manzo Kelly Newell Warren Sternin OTHERS PRESENT: Brad Hogin, General Counsel Eric Sapirstein, ENS Resources (via teleconference) Eric O’Donnell, Townsend Public Affairs Kelsey Brewer, ACC-OC PUBLIC COMMENTS: None. REPORT OF COMMITTEE CHAIR: Committee Chair Kim did not provide a report. ITEM NO. 1 10/08/2018 Legislative and Public Affairs Committee Minutes Page 2 of 4 REPORT OF GENERAL MANAGER: General Manager Jim Herberg did not provide a report. CONSENT CALENDAR: 1. APPROVAL OF MINUTES (Clerk of the Board) MOVED, SECONDED, and DULY CARRIED TO: Approve minutes for the Committee meeting held on September 10, 2018. AYES: Bernstein, Kim, Shawver and Withers NOES: None ABSTENTIONS: None ABSENT: Sebourn, Wagner and Wanke NON-CONSENT: Board Chair Sebourn arrived at the meeting at 3:58 p.m. during the presentation of Item No. 2. 2. PUBLIC AFFAIRS YEAR END REVIEW JULY 2017 – JUNE 2018 & DISCUSSION ON PROPOSED 2018-2019 PUBLIC AFFAIRS PLAN (Jennifer Cabral) Public Affairs Supervisor Jennifer Cabral introduced this item and the entire Public Affairs team. Ms. Cabral distributed a color copy of the FY 2017-2018 Public Affairs Project book and provided an informative PowerPoint presentation regarding a year-end review of the Public Affairs Strategic Plan, focusing on the goals and initiatives accomplished, and what are the goals and planned activities for next year. Ms. Cabral held a discussion and responded to questions regarding the proposed 2018-2019 Public Affairs Plan. Committee Chair Kim thanked the Public Affairs team for their great work. Ms. Cabral requested feedback and suggestions for next year’s plan to which the following were suggested: Look at metrics/strategic platform - how do we know we are doing a good job; measuring customer satisfaction; external paid advertising; more integration with member agencies; and obtaining direct links to OCSD from member agencies. MOVED, SECONDED, and DULY CARRIED TO: A. Receive and file the 2017-2018 Public Affairs Year-End Report Presentation; and B. Staff will provide information and discussion on the upcoming Public Affairs Strategic Plan. 10/08/2018 Legislative and Public Affairs Committee Minutes Page 3 of 4 AYES: Bernstein, Kim, Shawver and Withers NOES: None ABSTENTIONS: Sebourn ABSENT: Wagner and Wanke INFORMATION ITEMS: 3. ASSOCIATION OF CALIFORNIA CITIES – ORANGE COUNTY LEGISLATIVE PRESENTATION (Jennifer Cabral) Ms. Kelsey Brewer, Legislative Manager, ACC-OC to present information. Ms. Brewer provided a PowerPoint presentation providing a background of who the ACC-OC represents; described the membership base of the cities of Orange County, special districts, businesses, non-profits and higher education institutions; and spoke of the governance of the ACC-OC Board. Ms. Brewer provided information on past bills which ACC-OC partnered with other agencies and priorities for next year. 4. LEGISLATIVE AFFAIRS UPDATE (Rebecca Long) Mr. Eric O’Donnell, Townsend Public Affairs, provided a PowerPoint presentation that reviewed the 2018 legislative session, the November 2018 election Ballot Initiative highlights, and bill status and advocacy. Mr. O’Donnell also provided an update on the Legislative concepts: Bill Concept 1 – Bid advertising requirements • Reached out to CASA/CSDA Bill Concept 2 – Job Order Contracting • Reached out to CASA Bill Concept 3 – Raising the contract/bid threshold • Reached out to CASA Bill Concept 4 – Video surveillance • Reached out to CASA Mr. O’Donnell also provided information regarding a new Pilot Reuse Grant Program through CalRecycle, with $25 million in available funding. TPA and staff will work on a letter to advocate to fund food waste digesters. The Committee agreed that it is more prudent to assist/partner with CASA or CSDA in regard to these concepts than to carry a bill alone. 5. PUBLIC AFFAIRS UPDATE (Jennifer Cabral) Ms. Cabral reminded the Committee of the State of the District Breakfast being held on October 19, 2018 at 8:00 a.m. Ms. Cabral stated that OCSD submitted the interim food waste station to the OC Business Council “Red Tape Into Red Carpet” for award. A reception to honor 10/08/2018 Legislative and Public Affairs Committee Minutes Page 4 of 4 the selected programs and agencies will be held on November 28, 2018 at 5:30 p.m. Director Withers volunteered to attend on behalf of the Sanitation District. Ms. Cabral also provided brief reports on: Volunteer Incentive Program luncheon, Placentia Heritage Festival, a Public Cable Television Authority piece, and footage taken by an Independent reporter. OTHER BUSINESS AND COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS, IF ANY: ADJOURNMENT: Committee Chair Kim declared the meeting adjourned at 4:38 p.m. to the next Legislative and Public Affairs Committee meeting, Monday, November 5, 2018 at 12:00 p.m. Submitted by: _____________________ Kelly A. Lore, MMC Clerk of the Board Page 1 of 4 LEGISLATIVE AND PUBLIC AFFAIRS COMMITTEE Meeting Date 11/05/18 To Bd. of Dir. 11/28/18 AGENDA REPORT Item Number 2 Item Number Orange County Sanitation District FROM: James D. Herberg, General Manager Originator: Jennifer Cabral, Public Affairs Supervisor SUBJECT: LEGISLATIVE CONSULTANTS GENERAL MANAGER'S RECOMMENDATION A. Approve a Professional Services Agreement with Townsend Public Affairs, Inc. for State Legislative Services, Specification No. CS-2018-970BD, for the period of January 1, 2019 through December 31, 2022 at a monthly rate of $6,000 per month and not to exceed $72,000 per year, with (1) one-year renewal option. B. Approve a Professional Services Agreement with ENS Resources for Federal Legislative Services, Specification No. CS-2018-971BD, for the period of January 1, 2019 through December 31, 2022 at a monthly rate of $7,700 per month and not to exceed $92,400 per year, with (1) one-year renewal option. BACKGROUND The legislative consultants provide advocacy services on behalf of the Orange County Sanitation District (Sanitation District) in D.C. and Sacramento. The consultants serve as a liaison and lobby on matters that could benefit or adversely affect the Sanitation District or the industry as a whole. RELEVANT STANDARDS • Maintain influential legislative advocacy and a public outreach program • Build brand, trust, and support with policy makers and community leaders • Maintain collaborative and cooperative relationships with regulators, stakeholders, and neighboring communities PROBLEM At the State and Federal level, there are hundreds of bills that we track and monitor that could have an impact to the Sanitation District or to our industry. Having an active legislative advocacy program positions the Sanitation District for future funding. This includes having a voice in setting good governance, playing defense on bills that could impact the Sanitation District’s ability to serve our public, and positions the Sanitation District as an industry leader. Page 2 of 4 PROPOSED SOLUTION The Sanitation District needs to have a voice at the State and Federal level. With the proposed contracts, the Sanitation District will have representation in D.C. and Sacramento. At the direction of the Legislative and Public Affairs Committee, staff issued a request for proposal (RFP) for professional services for Federal and State lobbying services. An RFP for each service was issued via Planet Bids to a total of 53 firms representing clients in Sacramento and Washington D.C. and four submitted responses (one Federal firm and three State firms). PROPOSAL TABULATION STATE The following is a list of the firms that submitted a responsive proposal: COMPANY NAME PROPOSAL Edelstein, Gilbert, Robson & Smith, LLC $7,500/month ($90,000 per year) Joe A. Gonsalves & Son $5,000/month ($60,000 per year) Townsend Public Affairs, Inc. $6,000/month ($72,000 per year) EVALUATION On September 5, 2018, the buyer met with pre-selected members of the evaluation committee to discuss the policies and procedures for the evaluation process. The members of the evaluation committee consisted of the following staff: NAME TITLE Rater A Public Affairs Supervisor Rater B Director of Environmental Services Rater C Assistant General Manager Individual scoring was the chosen method of evaluation for this procurement. Members of the committee performed an independent review of the proposals and later met as a group with the buyer to discuss their preliminary scores and any questions/concerns they had. Proposals were evaluated based on the following per determined criteria: CRITERION WEIGHT Qualifications & Experience of Firm 20% Proposed Staffing & Project Organization 20% Work Plan 30% Presentation 10% Cost 20% Page 3 of 4 All proposals were accompanied by a sealed cost proposal, none of which were opened until all proposals were evaluated and a firm was selected. Below are the proposal evaluation results: Evaluator Edelstein, Gilbert, Robson & Smith, LLC Joe A. Gonsalves & Son Townsend Public Affairs, Inc. 1 470 / Rank 2 360 / Rank 3 560 / Rank 1 2 560 / Rank 2 360 / Rank 3 620 / Rank 1 3 510 / Rank 2 390 / Rank 3 570 / Rank 1 TOTAL WEIGHTED SCORE (Points) / RANKING 513.33 / Rank 2 370.00 / Rank 3 583.33 / Rank 1 AWARD CONCLUSION Based on these results, staff recommends awarding the Contract to Townsend Public Affairs, Inc. The term of this Contract will begin January 1, 2019 through December 31, 2022, with (1) one-year renewal option. PROPOSAL TABULATION FEDERAL The following is a list of the firms who submitted a responsive proposal: COMPANY NAME PROPOSAL ENS Resources, Inc $7,700/month ($92,400 per year) EVALUATION On September 5, 2018, the buyer met with pre-selected members of the evaluation committee to discuss the policies and procedures for the evaluation process. The members of the evaluation committee consisted of the following staff: NAME TITLE Rater A Public Affairs Supervisor Rater B Director of Environmental Services Rater C Assistant General Manager Individual scoring was the chosen method of evaluation for this procurement. Members of the committee performed an independent review of the proposals and later met as a group with the buyer to discuss their preliminary scores and any questions/concerns they had. Proposals were evaluated based on the following criteria: Page 4 of 4 CRITERION WEIGHT Qualifications & Experience of Firm 20% Proposed Staffing & Project Organization 20% Work Plan 30% Presentation 10% Cost 20% All proposals were accompanied by a sealed cost proposal, none of which were opened until all proposals were evaluated and a firm was selected. Below are the proposal evaluation results: Evaluator ENS Resources, Inc. 1 630 / Rank 1 2 650 / Rank 1 3 625 / Rank 1 TOTAL WEIGHTED SCORE (Points) / RANKING 635 / Rank 1 AWARD CONCLUSION Based on these results, staff recommends awarding the Contract to ENS Resources, Inc. The term of this Contract will begin January 1, 2019 through December 31, 2022, with (1) one-year renewal option. RAMIFICATIONS OF NOT TAKING ACTION If we do not obtain a Federal and State lobbyist, we will not have the representation in D.C. or Sacramento. This could also affect chances of receiving grant funding and limit the Sanitation District’s ability to be a voice as an industry leader. ADDITIONAL INFORMATION The Sanitation District currently holds a contract with ENS Resources for Federal advocacy and Townsend Public Affairs for State advocacy services. These contracts expire on December 31, 2018. FINANCIAL CONSIDERATIONS This request complies with authority levels of the Sanitation District's Purchasing Ordinance. This item has been budgeted in FY 2018-19 and 2019-20 budget. (Line item: Section 6, Page 12). ATTACHMENT The following attachment(s) may be viewed on-line at the OCSD website (www.ocsd.com) with the complete agenda package: • Agreements for State and Federal Lobbyists Orange County Sanitation District 1 of 10 Specification No. CS-2018-970BD Version 032018 PROFESSIONAL CONSULTANT SERVICES AGREEMENT State Lobbyist Specification No. CS-2018-970BD THIS AGREEMENT is made and entered into as of the date fully executed below, by and between Orange County Sanitation District, with a principal place of business at 10844 Ellis Avenue, Fountain Valley, CA 92708 (hereinafter referred to as "OCSD") and [______________________] with a principal place of business at [___________________________] (hereinafter referred to as "Consultant") collectively referred to as the “Parties”. W I T N E S S E T H WHEREAS, based on Consultant’s expertise and experience, OCSD desires to temporarily engage Consultant to provide State of California advocacy services "Services” as described in Exhibit “A”; and WHEREAS, Consultant submitted its Proposal, dated [_______]; and WHEREAS, on ____________________, the Board of Directors of OCSD, by minute order, authorized execution of this Agreement between OCSD and Consultant; and WHEREAS, OCSD has chosen Consultant to conduct Services in accordance with Ordinance No. OCSD-52; and NOW, THEREFORE, in consideration of the mutual promises and mutual benefits exchanged between the Parties, the Parties mutually agree as follows: 1. Introduction 1.1 This Agreement and all exhibits hereto (called the "Agreement") is made by OCSD and the Consultant. The terms and conditions herein exclusively govern the purchase of Services as described in Exhibit “A”. 1.2 Exhibits to this Agreement are incorporated by reference and made a part of this Agreement as though fully set forth at length herein. Exhibit “A” Scope of Work Exhibit “B” Proposal Exhibit “C” Acknowledgement of Insurance Requirements Exhibit “D” OCSD Safety Standards Exhibit “E” Not Used 1.3 In the event of any conflict or inconsistency between the provisions of this Agreement and any of the provisions of the exhibits hereto, the provisions of this Agreement shall in all respects govern and control. 1.4 This Agreement may not be modified, changed, or supplemented, nor may any obligations hereunder be waived or extensions of time for performance granted, except by written instrument signed by both Parties. 1.5 The various headings in this Agreement are inserted for convenience only and shall not affect the meaning or interpretation of this Agreement or any section or provision hereof. Orange County Sanitation District 2 of 10 Specification No. CS-2018-970BD Version 032018 1.6 The term “days”, when used in the Agreement, shall mean calendar days, unless otherwise noted as workdays. 1.7 The term “workday”. Workdays are defined as all days that are not Saturday, Sunday, or OCSD observed holidays. Meetings with OCSD staff shall be scheduled from Monday through Friday between the hours of 8 a.m. and 4 p.m. (exception is Operations staff who maintain plant operations 24/7 and work a rotated 12-hour shift) and shall conform to OCSD work schedules. OCSD review periods shall not include OCSD observed holidays. 1.8 OCSD holidays (non-working days) are as follows: New Year’s Day, Lincoln’s Birthday, Presidents’ Day, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving Day, Day after Thanksgiving, Christmas Eve, and Christmas Day. 1.9 Work Hours: The work required under this Agreement may include normal business hours, evenings, and weekends. OCSD will not pay for travel time. 1.10 Consultant shall provide OCSD with all required premiums and/or overtime work at no charge beyond the total amount of the Agreement. 1.11 Except as expressly provided otherwise, OCSD accepts no liability for any expenses, losses, or action incurred or undertaken by Consultant as a result of work performed in anticipation of purchases of said services by OCSD. 2. Scope of Work Subject to the terms of this Agreement, Consultant shall perform the Services identified in Exhibit “A”. Consultant warrants that all of its Services shall be performed in a competent, professional, and satisfactory manner. 3. Modifications to Scope of Work Requests for modifications to the Scope of Work hereunder can be made by OCSD at any time. All modifications must be made in writing and signed by both Parties. A review of the time required for the modification will be made by OCSD and Consultant and the Agreement period adjusted accordingly. 4. Compensation Compensation to be paid by OCSD to Consultant for the Services provided under this Agreement shall be a total amount not to exceed [________________] Dollars ($________.00). 5. California Department of Industrial Relations (DIR)Registration and Record of Wages 5.1 To the extent Consultant’s employees and/or subconsultants who will perform work for which Prevailing Wage Determinations have been issued by the DIR and as more specifically defined under Labor Code Section 1720 et seq, Consultant and subconsultants shall comply with the registration requirements of Labor Code Section 1725.5. Pursuant to Labor Code Section 1771.4, the work is subject to compliance monitoring and enforcement by the DIR. 5.2 The Consultant and subconsultants shall maintain accurate payroll records and shall comply with all the provisions of Labor Code Section 1776, and shall submit payroll records to the Labor Commissioner pursuant to Labor Code 1771.4(a)(3). Penalties for non-compliance with the requirements of Section 1776 may be deducted from progress payments per Section 1776. 5.3 Pursuant to Labor Code Section 1776, the Consultant and subconsultants shall furnish a copy of all certified payroll records to OCSD and/or general public upon request, provided the public request is made through OCSD, the Division of Apprenticeship Standards, or the Orange County Sanitation District 3 of 10 Specification No. CS-2018-970BD Version 032018 Division of Labor Standards Enforcement of the Department of Industrial Relations. 5.4 The Consultant and subconsultants shall comply with the job site notices posting requirements established by the Labor Commissioner per Title 8, California Code of Regulation Section 16461(e). 6. Payment and Invoicing 6.1 Consultant shall be paid monthly by OCSD upon approval of invoices by OCSD’s Project Manager or designee, for Services rendered as required in Exhibit “A”. OCSD, at its sole discretion, shall be the determining party as to whether the Services have been satisfactorily completed. Invoices shall be emailed by Consultant to OCSD Accounts Payable at APStaff@OCSD.com and “INVOICE” with the Purchase Order Number and Specification No.CS-2018-970BD shall be referenced in the subject line. 7. Audit Rights Consultant agrees that, during the term of this Agreement and for a period of three (3) years after its termination, OCSD shall have access to and the right to examine any directly pertinent books, documents, and records of Consultant relating to the invoices submitted by Consultant pursuant to this Agreement. 8. Commencement and Term The Services provided under this Agreement shall be for a period of four (4) years commencing on January 1, 2019 and continuing through December 31, 2022. 9. Renewals 9.1 OCSD may exercise the option to renew this Agreement for up to one (1) one-year period based upon the criteria set forth in Exhibit “A”, under the terms and conditions contained herein. OCSD shall make no obligation to renew nor give reason if it elects not to renew. 9.2 This Agreement may be renewed by OCSD Purchase Order. 10. Extensions The term of this Agreement may be extended only by written instrument signed by both Parties. 11. Performance Time is of the essence in the performance of the provisions hereof. 12. Termination 12.1 OCSD reserves the right to terminate this Agreement for its convenience, with or without cause, in whole or in part, at any time, by written notice from OCSD. Upon receipt of a termination notice, Consultant shall immediately discontinue all work under this Agreement (unless the notice directs otherwise). OCSD shall thereafter, within thirty (30) days, pay Consultant for work performed (cost and fee) to the date of termination. Consultant expressly waives any claim to receive anticipated profits to be earned during the uncompleted portion of this Agreement. Such notice of termination shall terminate this Agreement and release OCSD from any further fee, cost or claim hereunder by Consultant other than for work performed to the date of termination. 12.2 OCSD reserves the right to terminate this Agreement immediately upon OCSD’s determination that Consultant is not complying with the Scope of Work requirements, if the level of service is inadequate, or any other default of this Agreement. 12.3 OCSD may also immediately terminate for default of this Agreement in whole or in part by Orange County Sanitation District 4 of 10 Specification No. CS-2018-970BD Version 032018 written notice to Consultant: • if Consultant becomes insolvent or files a petition under the Bankruptcy Act; or • if Consultant sells its business; or • if Consultant breaches any of the terms of this Agreement; or • if total amount of compensation exceeds the amount authorized under this Agreement. 12.4 All OCSD property in the possession or control of Consultant shall be returned by Consultant to OCSD on demand, or at the termination of this Agreement, whichever occurs first. 13. Indemnification and Hold Harmless Provision Consultant shall assume all responsibility for damages to property and/or injuries to persons, including accidental death, which may arise out of or be caused by Consultant's services under this Agreement, or by its subconsultant(s) or by anyone directly or indirectly employed by Consultant, and whether such damage or injury shall accrue or be discovered before or after the termination of the Agreement. Except as to the sole active negligence of or willful misconduct of OCSD, Consultant shall indemnify, protect, defend and hold harmless OCSD, its elected and appointed officials, officers, agents and employees, from and against any and all claims, liabilities, damages or expenses of any nature, including attorneys' fees: (a) for injury to or death of any person or damage to property or interference with the use of property, arising out of or in connection with Consultant's performance under the Agreement, and/or (b) on account of use of any copyrighted or uncopyrighted material, composition, or process, or any patented or unpatented invention, article or appliance, furnished or used under the Agreement, and/or (c) on account of any goods and services provided under this Agreement. This indemnification provision shall apply to any acts or omissions, willful misconduct, or negligent misconduct, whether active or passive, on the part of Consultant or anyone employed by or working under Consultant. To the maximum extent permitted by law, Consultant's duty to defend shall apply whether or not such claims, allegations, lawsuits, or proceedings have merit or are meritless, or which involve claims or allegations that any of the parties to be defended were actively, passively, or concurrently negligent, or which otherwise assert that the parties to be defended are responsible, in whole or in part, for any loss, damage, or injury. Consultant agrees to provide this defense immediately upon written notice from OCSD, and with well qualified, adequately insured, and experienced legal counsel acceptable to OCSD. This section shall survive the expiration or early termination of the Agreement. 14. Insurance Consultant and all subconsultants shall purchase and maintain, throughout the life of this Agreement and any periods of warranty or extensions, insurance in amounts equal to the requirements set forth in the signed Acknowledgement of Insurance Requirements, Exhibit “C“. Consultant shall not commence work under this Agreement until all required insurance is obtained in a form acceptable to OCSD, nor shall Consultant allow any subconsultant to commence service pursuant to a subcontract until all insurance required of the subconsultant has been obtained. Failure to maintain required insurance coverage shall result in termination of this Agreement. 15. Key Personnel Personnel, as provided in Exhibit “B”, are considered “key” to the work under this Agreement and will be available for the term of the Agreement. No person designated as key under this Agreement shall be removed or replaced without prior written consent of OCSD. If OCSD asks Consultant to remove a person designated as key under this Agreement, Consultant agrees to do so immediately regardless of the reason, or the lack of reason, for OCSD's request. Consultant shall assign only competent personnel to perform services pursuant to this Agreement. Orange County Sanitation District 5 of 10 Specification No. CS-2018-970BD Version 032018 16. Confidentiality and Non-Disclosure 16.1 Consultant acknowledges that in performing the Services hereunder, OCSD may have to disclose to Consultant orally and in writing certain confidential information that OCSD considers proprietary and has developed at great expense and effort. 16.2 Consultant agrees to maintain in confidence and not disclose to any person, firm, or corporation, without OCSD's prior written consent, any trade secret or confidential information, knowledge or data relating to the products, process, or operation of OCSD. 16.3 Consultant further agrees to maintain in confidence and not to disclose to any person, firm, or corporation any data, information, technology, or material developed or obtained by Consultant during the term of this Agreement. 16.4 Consultant agrees as follows: • To use the confidential information only for the purposes described herein; to not reproduce the confidential information; to hold in confidence and protect the confidential information from dissemination to and use by anyone not a party to this Agreement; and to not use the confidential information to benefit itself or others. • To restrict access to the confidential information to its Consultant or personnel of Consultant who (1) have a need to have such access and (2) have been advised of and have agreed in writing to treat such information in accordance with the terms of this Agreement. • To return all confidential information in Consultant's possession upon termination of this Agreement or upon OCSD's request, whichever occurs first. • To hold in confidence information and materials, if any, developed pursuant to the Services hereunder. 16.5 The provisions of this section shall survive termination or expiration of this Agreement and shall continue for so long as the material remains confidential. 17. Ownership of Documents All drawings, specifications, reports, records, documents, memoranda, correspondence, computations, and other materials prepared by Consultant, its employees, subconsultants, and agents in the performance of this Agreement shall be the property of OCSD and shall be promptly delivered to OCSD upon request of OCSD’s Project Manager or designee, or upon the termination of this Agreement, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by OCSD of its full rights of ownership of the documents and materials hereunder. Any use of such completed documents for other projects and/or use of incomplete documents without specific written authorization by the Consultant will be at OCSD's sole risk and without liability to Consultant. Consultant shall ensure that all its subconsultants shall provide for assignment to OCSD of any documents or materials prepared by them. 18. Ownership of Intellectual Property 18.1 Consultant agrees that all designs, plans, reports, specifications, drawings, schematics, prototypes, models, inventions, and all other information and items made during the course of this Agreement and arising from the Services (hereinafter referred to as "New Developments") shall be and are assigned to OCSD as its sole and exclusive property. 18.2 Consultant agrees to promptly disclose to OCSD all such New Developments. Upon OCSD's request, Consultant agrees to assist OCSD, at OCSD's expense, to obtain patents or copyrights for such New Developments, including the disclosure of all pertinent Orange County Sanitation District 6 of 10 Specification No. CS-2018-970BD Version 032018 information and data with respect thereto, the execution of all applications, specifications, assignments, and all other instruments and papers which OCSD shall deem necessary to apply for and to assign or convey to OCSD, its successors and assigns, the sole and exclusive right, title and interest in such New Developments. Consultant agrees to obtain or has obtained written assurances from its employees and contract personnel of their agreement to the terms hereof with regard to New Developments and confidential information. 18.3 Consultant warrants that Consultant has good title to any New Developments, and the right to assign New Developments to OCSD free of any proprietary rights of any other party or any other encumbrance whatever. 18.4 The originals of all computations, drawings, designs, graphics, studies, reports, manuals, photographs, videotapes, data, computer files, and other documents prepared or caused to be prepared by Consultant or its subconsultants in connection with these Services shall be delivered to and shall become the exclusive property of OCSD. OCSD may utilize these documents for OCSD applications on other projects or extensions of this project, at its own risk. 19. No Solicitation of Employees 19.1 Consultant agrees that it shall not, during the term of this Agreement and for a period of one (1) year immediately following termination of this Agreement, or any extension hereof, call on, solicit, or take away any of the employees whom Consultant became aware of as a result of Consultant's Services to OCSD. 19.2 Consultant acknowledges that OCSD’s employees are critical to its business and OCSD expends significant resources to hire, employ, and train employees. Should Consultant employ or otherwise engage OCSD’s employees during the term of this Agreement and for a period of one (1) year following termination of this Agreement, Consultant will pay OCSD fifty percent (50%) of the former employee’s most recent annual salary earned at OCSD to accurately reflect the reasonable value of OCSD’s time and costs. This payment is in addition to any other rights and remedies OCSD may have at law. 20. Independent Contractor Capacity 20.1 The relationship of Consultant to OCSD is that of an independent contractor and nothing herein shall be construed as creating an employment or agency relationship. 20.2 Consultant shall act independently and not as an officer or employee of OCSD. OCSD assumes no liability for Consultant’s action and performance, nor assumes responsibility for taxes, funds, payments or other commitments, implied or expressed, by or for Consultant. 20.3 Consultant shall not be considered an agent of OCSD for any purpose whatsoever, nor shall Consultant have the right to, and shall not, commit OCSD to any agreement, contract or undertaking. Consultant shall not use OCSD’s name in its promotional material or for any advertising or publicity purposes without expressed written consent. 20.4 Consultant shall not be entitled to any benefits accorded to those individuals listed on OCSD’s payroll as regular employees including, without limitation, worker's compensation, disability insurance, vacation, holiday or sick pay. Consultant shall be responsible for providing, at Consultant’s expense, disability, worker's compensation or other insurance as well as licenses and permits usual or necessary for conducting the Services hereunder. 20.5 Consultant shall be obligated to pay any and all applicable Federal, State and local payroll Orange County Sanitation District 7 of 10 Specification No. CS-2018-970BD Version 032018 and other taxes incurred as a result of fees hereunder. Consultant hereby indemnifies OCSD for any claims, losses, costs, fees, liabilities, damages or penalties suffered by OCSD arising out of Consultant's breach of this provision. 20.6 Consultant shall not be eligible to join or participate in any benefit plans offered to those individuals listed on OCSD's payroll as regular employees. Consultant shall remain ineligible for such benefits or participation in such benefit plans even if a court later decides that OCSD misclassified Consultant for tax purposes. 21. Licenses, Permits Consultant represents and warrants to OCSD that it has obtained all licenses, permits, qualification and approvals of whatever nature that are legally required to engage in this work. Any and all fees required by Federal, State, County, City and/or municipal laws, codes and/or tariffs that pertain to work performed under the terms of this Agreement will be paid by Consultant. 22. Consultant's Representations In the performance of duties under this Agreement, Consultant shall adhere to the highest fiduciary standards, ethical practices and standards of care and competence for their trade/profession. Consultant agrees to comply with all applicable Federal, State and local laws and regulations. 23. Familiarity with Work By executing this Agreement, Consultant warrants that: 1) it has investigated the work to be performed; 2) it has investigated the site of the work and is aware of all conditions there; and 3) it understands the facilities, difficulties and restrictions of the work under this Agreement. Should Consultant discover any latent or unknown conditions materially differing from those inherent in the work or as represented by OCSD, it shall immediately inform OCSD of this and shall not proceed, except at Consultant’s risk, until written instructions are received from OCSD. 24. Right to Review Services, Facilities, and Records 24.1 OCSD reserves the right to review any portion of the Services performed by Consultant under this Agreement, and Consultant agrees to cooperate to the fullest extent possible. 24.2 Consultant shall furnish to OCSD such reports, statistical data, and other information pertaining to Consultant's Services as shall be reasonably required by OCSD to carry out its rights and responsibilities under its agreements with its bondholders or noteholders and any other agreement relating to the development of the project(s) and in connection with the issuance of its official statements and other prospectuses with respect to the offering, sale, and issuance of its bonds and other obligations. 24.3 The right of OCSD to review or approve drawings, specifications, procedures, instructions, reports, test results, calculations, schedules, or other data that are developed by Consultant shall not relieve Consultant of any obligation set forth herein. 25. Force Majeure Neither party shall be liable for delays caused by accident, flood, acts of God, fire, labor trouble, war, acts of government or any other cause beyond its control, but said party shall use reasonable efforts to minimize the extent of the delay. Work affected by a Force Majeure condition may be rescheduled by mutual consent or may be eliminated from the Agreement. 26. Severability If any section, subsection, or provision of this Agreement, or any agreement or instrument contemplated hereby, or the application of such section, subsection, or provision is held invalid, the remainder of this Agreement or instrument in the application of such section, subsection or provision to persons or circumstances other than those to which Orange County Sanitation District 8 of 10 Specification No. CS-2018-970BD Version 032018 it is held invalid, shall not be affected thereby, unless the effect of such invalidity shall be to substantially frustrate the expectations of the Parties. 27. Waiver The waiver of either party of any breach or violation of, or default under, any provision of this Agreement, shall not be deemed a continuing waiver by such party of any other provision or of any subsequent breach or violation of this Agreement or default thereunder. Any breach by Consultant to which OCSD does not object shall not operate as a waiver of OCSD’s rights to seek remedies available to it for any subsequent breach. 28. Remedies In addition to other remedies available in law or equity, if the Consultant fails to make delivery of the goods or Services or repudiates its obligations under this Agreement, or if OCSD rejects the goods or Services or revokes acceptance of the goods or Services, OCSD may (1) terminate the Agreement; (2) recover whatever amount of the purchase price OCSD has paid, and/or (3) “cover” by purchasing, or contracting to purchase, substitute goods or Services for those due from Consultant. In the event OCSD elects to “cover” as described in (3), OCSD shall be entitled to recover from Consultant as damages the difference between the cost of the substitute goods or Services and the Agreement price, together with any incidental or consequential damages. 29. Governing Law This Agreement shall be governed by and interpreted under the laws of the State of California and the Parties submit to jurisdiction in Orange County, in the event any action is brought in connection with this Agreement or the performance thereof. 30. Attorney’s Fees If any action at law or in equity or if any proceeding in the form of an Alternative Dispute Resolution (ADR) is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, costs and necessary disbursements in addition to any other relief to which it may be entitled. 31. Dispute Resolution 31.1 In the event of a dispute as to the construction or interpretation of this Agreement, or any rights or obligations hereunder, the Parties shall first attempt, in good faith, to resolve the dispute by mediation. The Parties shall mutually select a mediator to facilitate the resolution of the dispute. If the Parties are unable to agree on a mediator, the mediation shall be conducted in accordance with the Commercial Mediation Rules of the American Arbitration Agreement, through the alternate dispute resolution procedures of Judicial Arbitration through Mediation Services of Orange County ("JAMS"), or any similar organization or entity conducting an alternate dispute resolution process. 31.2 In the event the Parties are unable to timely resolve the dispute through mediation, the issues in dispute shall be submitted to arbitration pursuant to California Code of Civil Procedure, Part 3, Title 9, Sections 1280 et seq. For such purpose, an agreed arbitrator shall be selected, or in the absence of agreement, each party shall select an arbitrator, and those two (2) arbitrators shall select a third. Discovery may be conducted in connection with the arbitration proceeding pursuant to California Code of Civil Procedure Section 1283.05. The arbitrator, or three (3) arbitrators acting as a board, shall take such evidence and make such investigation as deemed appropriate and shall render a written decision on the matter in question. The arbitrator shall decide each and every dispute in accordance with the laws of the State of California. The arbitrator's decision and award shall be subject to review for errors of fact or law in the Superior Court for the County of Orange, with a right of appeal from any judgment issued therein. 32. Damage to OCSD's Property Any OCSD property damaged by Consultant will be subject to repair or replacement by Consultant at no cost to OCSD. Orange County Sanitation District 9 of 10 Specification No. CS-2018-970BD Version 032018 33. OCSD Safety Standards OCSD requires Consultant and its subconsultants to follow and ensure their employees follow all Federal, State and local regulations as well as OCSD Safety Standards while working at OCSD locations. If during the course of the Agreement it is discovered that OCSD Safety Standards do not comply with Federal, State or local regulations, then the Consultant is required to follow the most stringent regulatory requirement at no additional cost to OCSD. Consultant and all of its employees and subconsultants, shall adhere to all applicable OCSD Safety Standards attached hereto in Exhibit “D”. 34. Freight (F.O.B. Destination) Consultant assumes full responsibility for all transportation, transportation scheduling, packing, handling, insurance, and other services associated with delivery of all products deemed necessary under this Agreement. 35. Assignments Consultant shall not delegate any duties nor assign any rights under this Agreement without the prior written consent of OCSD. Any such attempted delegation or assignment shall be void. 36. Conflict of Interest and Reporting 36.1 Consultant shall at all times avoid conflicts of interest or appearance of conflicts of interest in performance of this Agreement. 36.2 Consultant affirms that to the best of its knowledge there exists no actual or potential conflict between Consultant’s families, business or financial interest or its Services under this Agreement, and in the event of change in either its private interests or Services under this Agreement, it will raise with OCSD any question regarding possible conflict of interest which may arise as a result of such change. 37. Third Party Rights Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than OCSD and Consultant. 38. Non-Liability of OCSD Officers and Employees No officer or employee of OCSD shall be personally liable to Consultant, or any successor-in-interest, in the event of any default or breach by OCSD or for any amount which may become due to Consultant or to its successor, or for breach of any obligation of the terms of this Agreement. 39. Authority to Execute The persons executing this Agreement on behalf of the Parties warrant that they are duly authorized to execute this Agreement and that by executing this Agreement, the Parties are formally bound. 40. Read and Understood By signing this Agreement, Consultant represents that it has read and understood the terms and conditions of the Agreement. 41. Entire Agreement This Agreement constitutes the entire agreement of the Parties and supersedes all prior written or oral and all contemporaneous oral agreements, understandings, and negotiations between the Parties with respect to the subject matter hereof. Orange County Sanitation District 10 of 10 Specification No. CS-2018-970BD Version 032018 42. Notices All notices under this Agreement must be in writing. Written notice shall be delivered by personal service or sent by registered or certified mail, postage prepaid, return receipt requested, or by any other overnight delivery service which delivers to the noticed destination and provides proof of delivery to the sender. Any facsimile notice must be followed within three (3) days by written notice. Rejection or other refusal to accept or the inability to deliver because of changed address for which no notice was given as provided hereunder shall be deemed to be receipt of the notice, demand or request sent. All notices shall be effective when first received at the following addresses: OCSD: Jennifer Martin Buyer Orange County Sanitation District 10844 Ellis Avenue Fountain Valley, CA 92708-7018 Consultant: Contact Name Contact Title Company Name Street Address City, State, Zip Code Each party shall provide the other party written notice of any change in address as soon as practicable. IN WITNESS WHEREOF, intending to be legally bound, the Parties hereto have caused this Agreement to be signed by the duly authorized representatives. ORANGE COUNTY SANITATION DISTRICT Dated: _________________ By: ___________________________________ Gregory C. Sebourn, PLS Chair, Board of Directors Dated: _________________ By: ___________________________________ Clerk of the Board Dated: _________________ By: ___________________________________ Contracts, Purchasing and Materials Management Manager COMPANY Dated: _________________ By: ___________________________________ ______________________________________ Print Name and Title of Officer Orange County Sanitation District 1 of 10 Specification No. CS-2018-971BD Version 032018 PROFESSIONAL CONSULTANT SERVICES AGREEMENT Federal Lobbyist Specification No. CS-2018-971BD THIS AGREEMENT is made and entered into as of the date fully executed below, by and between Orange County Sanitation District, with a principal place of business at 10844 Ellis Avenue, Fountain Valley, CA 92708 (hereinafter referred to as "OCSD") and [______________________] with a principal place of business at [___________________________] (hereinafter referred to as "Consultant") collectively referred to as the “Parties”. W I T N E S S E T H WHEREAS, based on Consultant’s expertise and experience, OCSD desires to temporarily engage Consultant to provide Federal advocacy services "Services” as described in Exhibit “A”; and WHEREAS, Consultant submitted its Proposal, dated [_______]; and WHEREAS, on ____________________, the Board of Directors of OCSD, by minute order, authorized execution of this Agreement between OCSD and Consultant; and WHEREAS, OCSD has chosen Consultant to conduct Services in accordance with Ordinance No. OCSD-52; and NOW, THEREFORE, in consideration of the mutual promises and mutual benefits exchanged between the Parties, the Parties mutually agree as follows: 1. Introduction 1.1 This Agreement and all exhibits hereto (called the "Agreement") is made by OCSD and the Consultant. The terms and conditions herein exclusively govern the purchase of Services as described in Exhibit “A”. 1.2 Exhibits to this Agreement are incorporated by reference and made a part of this Agreement as though fully set forth at length herein. Exhibit “A” Scope of Work Exhibit “B” Proposal Exhibit “C” Acknowledgement of Insurance Requirements Exhibit “D” OCSD Safety Standards Exhibit “E” Not Used 1.3 In the event of any conflict or inconsistency between the provisions of this Agreement and any of the provisions of the exhibits hereto, the provisions of this Agreement shall in all respects govern and control. 1.4 This Agreement may not be modified, changed, or supplemented, nor may any obligations hereunder be waived or extensions of time for performance granted, except by written instrument signed by both Parties. 1.5 The various headings in this Agreement are inserted for convenience only and shall not affect the meaning or interpretation of this Agreement or any section or provision hereof. 1.6 The term “days”, when used in the Agreement, shall mean calendar days, unless otherwise Orange County Sanitation District 2 of 10 Specification No. CS-2018-971BD Version 032018 noted as workdays. 1.7 The term “workday”. Workdays are defined as all days that are not Saturday, Sunday, or OCSD observed holidays. Meetings with OCSD staff shall be scheduled from Monday through Friday between the hours of 8 a.m. and 4 p.m. (exception is Operations staff who maintain plant operations 24/7 and work a rotated 12-hour shift) and shall conform to OCSD work schedules. OCSD review periods shall not include OCSD observed holidays. 1.8 OCSD holidays (non-working days) are as follows: New Year’s Day, Lincoln’s Birthday, Presidents’ Day, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving Day, Day after Thanksgiving, Christmas Eve, and Christmas Day. 1.9 Work Hours: The work required under this Agreement may include normal business hours, evenings, and weekends. OCSD will not pay for travel time. 1.10 Consultant shall provide OCSD with all required premiums and/or overtime work at no charge beyond the total amount of the Agreement. 1.11 Except as expressly provided otherwise, OCSD accepts no liability for any expenses, losses, or action incurred or undertaken by Consultant as a result of work performed in anticipation of purchases of said services by OCSD. 2. Scope of Work Subject to the terms of this Agreement, Consultant shall perform the Services identified in Exhibit “A”. Consultant warrants that all of its Services shall be performed in a competent, professional, and satisfactory manner. 3. Modifications to Scope of Work Requests for modifications to the Scope of Work hereunder can be made by OCSD at any time. All modifications must be made in writing and signed by both Parties. A review of the time required for the modification will be made by OCSD and Consultant and the Agreement period adjusted accordingly. 4. Compensation Compensation to be paid by OCSD to Consultant for the Services provided under this Agreement shall be a total amount not to exceed [________________] Dollars ($________.00). 5. California Department of Industrial Relations (DIR)Registration and Record of Wages 5.1 To the extent Consultant’s employees and/or subconsultants who will perform work for which Prevailing Wage Determinations have been issued by the DIR and as more specifically defined under Labor Code Section 1720 et seq, Consultant and subconsultants shall comply with the registration requirements of Labor Code Section 1725.5. Pursuant to Labor Code Section 1771.4, the work is subject to compliance monitoring and enforcement by the DIR. 5.2 The Consultant and subconsultants shall maintain accurate payroll records and shall comply with all the provisions of Labor Code Section 1776, and shall submit payroll records to the Labor Commissioner pursuant to Labor Code 1771.4(a)(3). Penalties for non-compliance with the requirements of Section 1776 may be deducted from progress payments per Section 1776. 5.3 Pursuant to Labor Code Section 1776, the Consultant and subconsultants shall furnish a copy of all certified payroll records to OCSD and/or general public upon request, provided the public request is made through OCSD, the Division of Apprenticeship Standards, or the Division of Labor Standards Enforcement of the Department of Industrial Relations. Orange County Sanitation District 3 of 10 Specification No. CS-2018-971BD Version 032018 5.4 The Consultant and subconsultants shall comply with the job site notices posting requirements established by the Labor Commissioner per Title 8, California Code of Regulation Section 16461(e). 6. Payment and Invoicing 6.1 Consultant shall be paid monthly by OCSD upon approval of invoices by OCSD’s Project Manager or designee, for Services rendered as required in Exhibit “A”. OCSD, at its sole discretion, shall be the determining party as to whether the Services have been satisfactorily completed. Invoices shall be emailed by Consultant to OCSD Accounts Payable at APStaff@OCSD.com and “INVOICE” with the Purchase Order Number and Specification No.CS-2018-971BD shall be referenced in the subject line. 7. Audit Rights Consultant agrees that, during the term of this Agreement and for a period of three (3) years after its termination, OCSD shall have access to and the right to examine any directly pertinent books, documents, and records of Consultant relating to the invoices submitted by Consultant pursuant to this Agreement. 8. Commencement and Term The Services provided under this Agreement shall be for a period of four (4) years commencing on January 1, 2019 and continuing through December 31, 2022. 9. Renewals 9.1 OCSD may exercise the option to renew this Agreement for up to one (1) one-year period based upon the criteria set forth in Exhibit “A”, under the terms and conditions contained herein. OCSD shall make no obligation to renew nor give reason if it elects not to renew. 9.2 This Agreement may be renewed by OCSD Purchase Order. 10. Extensions The term of this Agreement may be extended only by written instrument signed by both Parties. 11. Performance Time is of the essence in the performance of the provisions hereof. 12. Termination 12.1 OCSD reserves the right to terminate this Agreement for its convenience, with or without cause, in whole or in part, at any time, by written notice from OCSD. Upon receipt of a termination notice, Consultant shall immediately discontinue all work under this Agreement (unless the notice directs otherwise). OCSD shall thereafter, within thirty (30) days, pay Consultant for work performed (cost and fee) to the date of termination. Consultant expressly waives any claim to receive anticipated profits to be earned during the uncompleted portion of this Agreement. Such notice of termination shall terminate this Agreement and release OCSD from any further fee, cost or claim hereunder by Consultant other than for work performed to the date of termination. 12.2 OCSD reserves the right to terminate this Agreement immediately upon OCSD’s determination that Consultant is not complying with the Scope of Work requirements, if the level of service is inadequate, or any other default of this Agreement. 12.3 OCSD may also immediately terminate for default of this Agreement in whole or in part by written notice to Consultant: Orange County Sanitation District 4 of 10 Specification No. CS-2018-971BD Version 032018 • if Consultant becomes insolvent or files a petition under the Bankruptcy Act; or • if Consultant sells its business; or • if Consultant breaches any of the terms of this Agreement; or • if total amount of compensation exceeds the amount authorized under this Agreement. 12.4 All OCSD property in the possession or control of Consultant shall be returned by Consultant to OCSD on demand, or at the termination of this Agreement, whichever occurs first. 13. Indemnification and Hold Harmless Provision Consultant shall assume all responsibility for damages to property and/or injuries to persons, including accidental death, which may arise out of or be caused by Consultant's services under this Agreement, or by its subconsultant(s) or by anyone directly or indirectly employed by Consultant, and whether such damage or injury shall accrue or be discovered before or after the termination of the Agreement. Except as to the sole active negligence of or willful misconduct of OCSD, Consultant shall indemnify, protect, defend and hold harmless OCSD, its elected and appointed officials, officers, agents and employees, from and against any and all claims, liabilities, damages or expenses of any nature, including attorneys' fees: (a) for injury to or death of any person or damage to property or interference with the use of property, arising out of or in connection with Consultant's performance under the Agreement, and/or (b) on account of use of any copyrighted or uncopyrighted material, composition, or process, or any patented or unpatented invention, article or appliance, furnished or used under the Agreement, and/or (c) on account of any goods and services provided under this Agreement. This indemnification provision shall apply to any acts or omissions, willful misconduct, or negligent misconduct, whether active or passive, on the part of Consultant or anyone employed by or working under Consultant. To the maximum extent permitted by law, Consultant's duty to defend shall apply whether or not such claims, allegations, lawsuits, or proceedings have merit or are meritless, or which involve claims or allegations that any of the parties to be defended were actively, passively, or concurrently negligent, or which otherwise assert that the parties to be defended are responsible, in whole or in part, for any loss, damage, or injury. Consultant agrees to provide this defense immediately upon written notice from OCSD, and with well qualified, adequately insured, and experienced legal counsel acceptable to OCSD. This section shall survive the expiration or early termination of the Agreement. 14. Insurance Consultant and all subconsultants shall purchase and maintain, throughout the life of this Agreement and any periods of warranty or extensions, insurance in amounts equal to the requirements set forth in the signed Acknowledgement of Insurance Requirements, Exhibit “C“. Consultant shall not commence work under this Agreement until all required insurance is obtained in a form acceptable to OCSD, nor shall Consultant allow any subconsultant to commence service pursuant to a subcontract until all insurance required of the subconsultant has been obtained. Failure to maintain required insurance coverage shall result in termination of this Agreement. 15. Key Personnel Personnel, as provided in Exhibit “B”, are considered “key” to the work under this Agreement and will be available for the term of the Agreement. No person designated as key under this Agreement shall be removed or replaced without prior written consent of OCSD. If OCSD asks Consultant to remove a person designated as key under this Agreement, Consultant agrees to do so immediately regardless of the reason, or the lack of reason, for OCSD's request. Consultant shall assign only competent personnel to perform services pursuant to this Agreement. Orange County Sanitation District 5 of 10 Specification No. CS-2018-971BD Version 032018 16. Confidentiality and Non-Disclosure 16.1 Consultant acknowledges that in performing the Services hereunder, OCSD may have to disclose to Consultant orally and in writing certain confidential information that OCSD considers proprietary and has developed at great expense and effort. 16.2 Consultant agrees to maintain in confidence and not disclose to any person, firm, or corporation, without OCSD's prior written consent, any trade secret or confidential information, knowledge or data relating to the products, process, or operation of OCSD. 16.3 Consultant further agrees to maintain in confidence and not to disclose to any person, firm, or corporation any data, information, technology, or material developed or obtained by Consultant during the term of this Agreement. 16.4 Consultant agrees as follows: • To use the confidential information only for the purposes described herein; to not reproduce the confidential information; to hold in confidence and protect the confidential information from dissemination to and use by anyone not a party to this Agreement; and to not use the confidential information to benefit itself or others. • To restrict access to the confidential information to its Consultant or personnel of Consultant who (1) have a need to have such access and (2) have been advised of and have agreed in writing to treat such information in accordance with the terms of this Agreement. • To return all confidential information in Consultant's possession upon termination of this Agreement or upon OCSD's request, whichever occurs first. • To hold in confidence information and materials, if any, developed pursuant to the Services hereunder. 16.5 The provisions of this section shall survive termination or expiration of this Agreement and shall continue for so long as the material remains confidential. 17. Ownership of Documents All drawings, specifications, reports, records, documents, memoranda, correspondence, computations, and other materials prepared by Consultant, its employees, subconsultants, and agents in the performance of this Agreement shall be the property of OCSD and shall be promptly delivered to OCSD upon request of OCSD’s Project Manager or designee, or upon the termination of this Agreement, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by OCSD of its full rights of ownership of the documents and materials hereunder. Any use of such completed documents for other projects and/or use of incomplete documents without specific written authorization by the Consultant will be at OCSD's sole risk and without liability to Consultant. Consultant shall ensure that all its subconsultants shall provide for assignment to OCSD of any documents or materials prepared by them. 18. Ownership of Intellectual Property 18.1 Consultant agrees that all designs, plans, reports, specifications, drawings, schematics, prototypes, models, inventions, and all other information and items made during the course of this Agreement and arising from the Services (hereinafter referred to as "New Developments") shall be and are assigned to OCSD as its sole and exclusive property. 18.2 Consultant agrees to promptly disclose to OCSD all such New Developments. Upon OCSD's request, Consultant agrees to assist OCSD, at OCSD's expense, to obtain patents or copyrights for such New Developments, including the disclosure of all pertinent information and data with respect thereto, the execution of all applications, specifications, Orange County Sanitation District 6 of 10 Specification No. CS-2018-971BD Version 032018 assignments, and all other instruments and papers which OCSD shall deem necessary to apply for and to assign or convey to OCSD, its successors and assigns, the sole and exclusive right, title and interest in such New Developments. Consultant agrees to obtain or has obtained written assurances from its employees and contract personnel of their agreement to the terms hereof with regard to New Developments and confidential information. 18.3 Consultant warrants that Consultant has good title to any New Developments, and the right to assign New Developments to OCSD free of any proprietary rights of any other party or any other encumbrance whatever. 18.4 The originals of all computations, drawings, designs, graphics, studies, reports, manuals, photographs, videotapes, data, computer files, and other documents prepared or caused to be prepared by Consultant or its subconsultants in connection with these Services shall be delivered to and shall become the exclusive property of OCSD. OCSD may utilize these documents for OCSD applications on other projects or extensions of this project, at its own risk. 19. No Solicitation of Employees 19.1 Consultant agrees that it shall not, during the term of this Agreement and for a period of one (1) year immediately following termination of this Agreement, or any extension hereof, call on, solicit, or take away any of the employees whom Consultant became aware of as a result of Consultant's Services to OCSD. 19.2 Consultant acknowledges that OCSD’s employees are critical to its business and OCSD expends significant resources to hire, employ, and train employees. Should Consultant employ or otherwise engage OCSD’s employees during the term of this Agreement and for a period of one (1) year following termination of this Agreement, Consultant will pay OCSD fifty percent (50%) of the former employee’s most recent annual salary earned at OCSD to accurately reflect the reasonable value of OCSD’s time and costs. This payment is in addition to any other rights and remedies OCSD may have at law. 20. Independent Contractor Capacity 20.1 The relationship of Consultant to OCSD is that of an independent contractor and nothing herein shall be construed as creating an employment or agency relationship. 20.2 Consultant shall act independently and not as an officer or employee of OCSD. OCSD assumes no liability for Consultant’s action and performance, nor assumes responsibility for taxes, funds, payments or other commitments, implied or expressed, by or for Consultant. 20.3 Consultant shall not be considered an agent of OCSD for any purpose whatsoever, nor shall Consultant have the right to, and shall not, commit OCSD to any agreement, contract or undertaking. Consultant shall not use OCSD’s name in its promotional material or for any advertising or publicity purposes without expressed written consent. 20.4 Consultant shall not be entitled to any benefits accorded to those individuals listed on OCSD’s payroll as regular employees including, without limitation, worker's compensation, disability insurance, vacation, holiday or sick pay. Consultant shall be responsible for providing, at Consultant’s expense, disability, worker's compensation or other insurance as well as licenses and permits usual or necessary for conducting the Services hereunder. 20.5 Consultant shall be obligated to pay any and all applicable Federal, State and local payroll and other taxes incurred as a result of fees hereunder. Consultant hereby indemnifies OCSD Orange County Sanitation District 7 of 10 Specification No. CS-2018-971BD Version 032018 for any claims, losses, costs, fees, liabilities, damages or penalties suffered by OCSD arising out of Consultant's breach of this provision. 20.6 Consultant shall not be eligible to join or participate in any benefit plans offered to those individuals listed on OCSD's payroll as regular employees. Consultant shall remain ineligible for such benefits or participation in such benefit plans even if a court later decides that OCSD misclassified Consultant for tax purposes. 21. Licenses, Permits Consultant represents and warrants to OCSD that it has obtained all licenses, permits, qualification and approvals of whatever nature that are legally required to engage in this work. Any and all fees required by Federal, State, County, City and/or municipal laws, codes and/or tariffs that pertain to work performed under the terms of this Agreement will be paid by Consultant. 22. Consultant's Representations In the performance of duties under this Agreement, Consultant shall adhere to the highest fiduciary standards, ethical practices and standards of care and competence for their trade/profession. Consultant agrees to comply with all applicable Federal, State and local laws and regulations. 23. Familiarity with Work By executing this Agreement, Consultant warrants that: 1) it has investigated the work to be performed; 2) it has investigated the site of the work and is aware of all conditions there; and 3) it understands the facilities, difficulties and restrictions of the work under this Agreement. Should Consultant discover any latent or unknown conditions materially differing from those inherent in the work or as represented by OCSD, it shall immediately inform OCSD of this and shall not proceed, except at Consultant’s risk, until written instructions are received from OCSD. 24. Right to Review Services, Facilities, and Records 24.1 OCSD reserves the right to review any portion of the Services performed by Consultant under this Agreement, and Consultant agrees to cooperate to the fullest extent possible. 24.2 Consultant shall furnish to OCSD such reports, statistical data, and other information pertaining to Consultant's Services as shall be reasonably required by OCSD to carry out its rights and responsibilities under its agreements with its bondholders or noteholders and any other agreement relating to the development of the project(s) and in connection with the issuance of its official statements and other prospectuses with respect to the offering, sale, and issuance of its bonds and other obligations. 24.3 The right of OCSD to review or approve drawings, specifications, procedures, instructions, reports, test results, calculations, schedules, or other data that are developed by Consultant shall not relieve Consultant of any obligation set forth herein. 25. Force Majeure Neither party shall be liable for delays caused by accident, flood, acts of God, fire, labor trouble, war, acts of government or any other cause beyond its control, but said party shall use reasonable efforts to minimize the extent of the delay. Work affected by a Force Majeure condition may be rescheduled by mutual consent or may be eliminated from the Agreement. 26. Severability If any section, subsection, or provision of this Agreement, or any agreement or instrument contemplated hereby, or the application of such section, subsection, or provision is held invalid, the remainder of this Agreement or instrument in the application of such section, subsection or provision to persons or circumstances other than those to which it is held invalid, shall not be affected thereby, unless the effect of such invalidity shall be to Orange County Sanitation District 8 of 10 Specification No. CS-2018-971BD Version 032018 substantially frustrate the expectations of the Parties. 27. Waiver The waiver of either party of any breach or violation of, or default under, any provision of this Agreement, shall not be deemed a continuing waiver by such party of any other provision or of any subsequent breach or violation of this Agreement or default thereunder. Any breach by Consultant to which OCSD does not object shall not operate as a waiver of OCSD’s rights to seek remedies available to it for any subsequent breach. 28. Remedies In addition to other remedies available in law or equity, if the Consultant fails to make delivery of the goods or Services or repudiates its obligations under this Agreement, or if OCSD rejects the goods or Services or revokes acceptance of the goods or Services, OCSD may (1) terminate the Agreement; (2) recover whatever amount of the purchase price OCSD has paid, and/or (3) “cover” by purchasing, or contracting to purchase, substitute goods or Services for those due from Consultant. In the event OCSD elects to “cover” as described in (3), OCSD shall be entitled to recover from Consultant as damages the difference between the cost of the substitute goods or Services and the Agreement price, together with any incidental or consequential damages. 29. Governing Law This Agreement shall be governed by and interpreted under the laws of the State of California and the Parties submit to jurisdiction in Orange County, in the event any action is brought in connection with this Agreement or the performance thereof. 30. Attorney’s Fees If any action at law or in equity or if any proceeding in the form of an Alternative Dispute Resolution (ADR) is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, costs and necessary disbursements in addition to any other relief to which it may be entitled. 31. Dispute Resolution 31.1 In the event of a dispute as to the construction or interpretation of this Agreement, or any rights or obligations hereunder, the Parties shall first attempt, in good faith, to resolve the dispute by mediation. The Parties shall mutually select a mediator to facilitate the resolution of the dispute. If the Parties are unable to agree on a mediator, the mediation shall be conducted in accordance with the Commercial Mediation Rules of the American Arbitration Agreement, through the alternate dispute resolution procedures of Judicial Arbitration through Mediation Services of Orange County ("JAMS"), or any similar organization or entity conducting an alternate dispute resolution process. 31.2 In the event the Parties are unable to timely resolve the dispute through mediation, the issues in dispute shall be submitted to arbitration pursuant to California Code of Civil Procedure, Part 3, Title 9, Sections 1280 et seq. For such purpose, an agreed arbitrator shall be selected, or in the absence of agreement, each party shall select an arbitrator, and those two (2) arbitrators shall select a third. Discovery may be conducted in connection with the arbitration proceeding pursuant to California Code of Civil Procedure Section 1283.05. The arbitrator, or three (3) arbitrators acting as a board, shall take such evidence and make such investigation as deemed appropriate and shall render a written decision on the matter in question. The arbitrator shall decide each and every dispute in accordance with the laws of the State of California. The arbitrator's decision and award shall be subject to review for errors of fact or law in the Superior Court for the County of Orange, with a right of appeal from any judgment issued therein. 32. Damage to OCSD's Property Any OCSD property damaged by Consultant will be subject to repair or replacement by Consultant at no cost to OCSD. Orange County Sanitation District 9 of 10 Specification No. CS-2018-971BD Version 032018 33. OCSD Safety Standards OCSD requires Consultant and its subconsultants to follow and ensure their employees follow all Federal, State and local regulations as well as OCSD Safety Standards while working at OCSD locations. If during the course of the Agreement it is discovered that OCSD Safety Standards do not comply with Federal, State or local regulations, then the Consultant is required to follow the most stringent regulatory requirement at no additional cost to OCSD. Consultant and all of its employees and subconsultants, shall adhere to all applicable OCSD Safety Standards attached hereto in Exhibit “D”. 34. Freight (F.O.B. Destination) Consultant assumes full responsibility for all transportation, transportation scheduling, packing, handling, insurance, and other services associated with delivery of all products deemed necessary under this Agreement. 35. Assignments Consultant shall not delegate any duties nor assign any rights under this Agreement without the prior written consent of OCSD. Any such attempted delegation or assignment shall be void. 36. Conflict of Interest and Reporting 36.1 Consultant shall at all times avoid conflicts of interest or appearance of conflicts of interest in performance of this Agreement. 36.2 Consultant affirms that to the best of its knowledge there exists no actual or potential conflict between Consultant’s families, business or financial interest or its Services under this Agreement, and in the event of change in either its private interests or Services under this Agreement, it will raise with OCSD any question regarding possible conflict of interest which may arise as a result of such change. 37. Third Party Rights Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than OCSD and Consultant. 38. Non-Liability of OCSD Officers and Employees No officer or employee of OCSD shall be personally liable to Consultant, or any successor-in-interest, in the event of any default or breach by OCSD or for any amount which may become due to Consultant or to its successor, or for breach of any obligation of the terms of this Agreement. 39. Authority to Execute The persons executing this Agreement on behalf of the Parties warrant that they are duly authorized to execute this Agreement and that by executing this Agreement, the Parties are formally bound. 40. Read and Understood By signing this Agreement, Consultant represents that it has read and understood the terms and conditions of the Agreement. 41. Entire Agreement This Agreement constitutes the entire agreement of the Parties and supersedes all prior written or oral and all contemporaneous oral agreements, understandings, and negotiations between the Parties with respect to the subject matter hereof. Orange County Sanitation District 10 of 10 Specification No. CS-2018-971BD Version 032018 42. Notices All notices under this Agreement must be in writing. Written notice shall be delivered by personal service or sent by registered or certified mail, postage prepaid, return receipt requested, or by any other overnight delivery service which delivers to the noticed destination and provides proof of delivery to the sender. Any facsimile notice must be followed within three (3) days by written notice. Rejection or other refusal to accept or the inability to deliver because of changed address for which no notice was given as provided hereunder shall be deemed to be receipt of the notice, demand or request sent. All notices shall be effective when first received at the following addresses: OCSD: Jennifer Martin Buyer Orange County Sanitation District 10844 Ellis Avenue Fountain Valley, CA 92708-7018 Consultant: Contact Name Contact Title Company Name Street Address City, State, Zip Code Each party shall provide the other party written notice of any change in address as soon as practicable. IN WITNESS WHEREOF, intending to be legally bound, the Parties hereto have caused this Agreement to be signed by the duly authorized representatives. ORANGE COUNTY SANITATION DISTRICT Dated: _________________ By: ___________________________________ Gregory C. Sebourn, PLS Chair, Board of Directors Dated: _________________ By: ___________________________________ Clerk of the Board Dated: _________________ By: ___________________________________ Contracts, Purchasing and Materials Management Manager COMPANY Dated: _________________ By: ___________________________________ ______________________________________ Print Name and Title of Officer Page 1 of 1 LEGISLATIVE AND PUBLIC AFFAIRS COMMITTEE Meeting Date 11/05/18 To Bd. of Dir. -- AGENDA REPORT Item Number 3 Item Number -- Orange County Sanitation District FROM: James D. Herberg, General Manager Originator: Jennifer Cabral, Public Affairs Supervisor SUBJECT: CALIFORNIA ASSOCIATION OF SANITATION AGENCIES (CASA) GENERAL MANAGER'S RECOMMENDATION Information Only. BACKGROUND The Orange County Sanitation District (Sanitation District) has asked Jessica Gauger, Director of Legislative Advocacy from the California Association of Sanitation Agencies (CASA) to the Legislative and Public Affairs Committee. Ms. Gauger will provide a general overview of CASA’s legislative activities/platform and highlight CASA’s upcoming goals for next year. RELEVANT STANDARDS • Maintain influential legislative advocacy and a public outreach program • Maintain collaborative and cooperative relationships with regulators, stakeholders, and neighboring communities PRIOR COMMITTEE/BOARD ACTIONS N/A ADDITIONAL INFORMATION The Public Affairs Office works closely on legislative issues with CASA and other various water/wastewater organizations to ensure that the Sanitation District is properly represented on issues that could have an effect on the Sanitation District or the wastewater industry. FINANCIAL CONSIDERATIONS N/A ATTACHMENT The following attachment(s) may be viewed on-line at the OCSD website (www.ocsd.com) with the complete agenda package: N/A Page 1 of 2 LEGISLATIVE AND PUBLIC AFFAIRS COMMITTEE Meeting Date 11/05/18 To Bd. of Dir. -- AGENDA REPORT Item Number 4 Item Number -- Orange County Sanitation District FROM: James D. Herberg, General Manager Originator: Jennifer Cabral, Public Affairs Supervisor SUBJECT: LEGISLATIVE AFFAIRS UPDATE GENERAL MANAGER'S RECOMMENDATION Information Only. BACKGROUND The Orange County Sanitation District’s (Sanitation District) legislative affairs program includes advocating the Sanitation District’s legislative interests, sponsoring legislation (where appropriate), and seeking Federal/State funding for projects. Staff will provide an update on recent legislative activities. RELEVANT STANDARDS • Maintain influential legislative advocacy and a public outreach program • Build brand, trust, and support with policy makers and community leaders • Maintain collaborative and cooperative relationships with regulators, stakeholders, and neighboring communities • Listen to and seriously consider community input on environmental concerns • Use all practical and effective means for resource recovery PROBLEM Without a strong advocacy program, elected officials may not be aware that the Sanitation District is more than a wastewater treatment plant – treating and sending water to the ocean. The Sanitation District is an environmentally engaged organization which recycles more than 50 percent of its wastewater. Additionally, to help meet the goal of 100 percent recycling, the Sanitation District uses the byproducts from the wastewater treatment process to produce biosolids to fertilize crops and energy used to help power the two plants in Fountain Valley and Huntington Beach. Page 2 of 2 PROPOSED SOLUTION Work with Local, State, and Federal officials to advocate the Sanitation District’s legislative interests. Help to create/monitor legislation and grants that would benefit the Sanitation District, the wastewater industry, and the community as a whole. To assist in our relationship building activities, we will continue to reach out to our elected officials providing facility tours, one-on-one meetings, and trips to D.C. and Sacramento. RAMIFICATIONS OF NOT TAKING ACTION If we do not work with Local, State, and Federal elected officials, legislation could be passed that negatively affects the Sanitation District and the wastewater industry as a whole. Additionally, this could affect our chances of receiving grant funding. ADDITIONAL INFORMATION Passage of America’s Water Infrastructure Act (S. 3021) Recently, the Senate approved S. 3021. The results of the vote were: 99-1. The bill provides for a broad range of authorizations to promote funding of programs ranging from flood protection to stormwater treatment needs. The President is expected to sign S. 3021 into law within days. 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: • Federal Update & Legislative Matrix - ENS Resources • State Update & Legislative Matrix - Townsend Public Affairs • Grant Matrix ENS Resources, Inc. 1901 Pennsylvania Avenue, N.W. Suite 1005 Washington, D.C. 20006 Phone 202.466.3755/Telefax 202.466.3787 M E M O R A N D U M TO: Rebecca Long FROM: Eric Sapirstein DATE: October 15, 2018 SUBJECT: Washington Update With the fast approaching congressional mid-term elections, the Senate joined the House on recess until mid-November. Before recessing, the Senate completed action on America’s Water Infrastructure Act. When Congress returns to work in November, it will be faced with a host of issues with the most pressing matters including finalizing USEPA’s spending bill, selecting new leadership and assigning members to committee positions based upon the election outcomes. Passage of America’s Water Infrastructure Act (S. 3021) Impacts Water Quality Programs The bill is commonly known as the Water Resources Development Act and this iteration of the bill was expanded to address water resources needs beyond the U.S. Army Corps of Engineers. Following earlier House action, the Senate approved the bill 99-1. S. 3021 provides for a broad range of authorizations to promote funding of programs ranging from flood protection to stormwater treatment needs. In a prior transmittal, we provided staff with a summary of the key water quality and drinking water quality provisions contained within S. 3021. The president is expected to sign S. 3021 into law within days. In summary, the measure is notable for a number of provisions impacting water quality programs. Among these provisions are: • Authorization of funding assistance to help agencies address stormwater treatment and management; • Mandate that SRF must be fully funded at FY 2018 levels before funding is provided to support an innovative funding program to support WIFIA-like assistance to state SRF Loan Programs; • Authorization to provide agencies with federal assistance to address resiliency needs including sea level rise impacts; and • Creation of a wastewater technical assistance clearinghouse to support needs including biosolids management. USEPA Fiscal Year 2019 Budget Unresolved Congress recessed without finalizing the budget for a handful of federal agencies, which includes USEPA’s budget. Central to the debate over USEPA is an effort to address a handful of policy initiatives through the spending bill. From a spending perspective, it appears that there is bipartisan and bi-cameral agreement on how to address water infrastructure programs. Specifically, the Clean Water SRF is slated to receive at least $1.3 billion. Similarly, the WIFIA program is likely to secure $60 million to support innovative funding of projects. It is important to note, that if the SRF funding level is to be realized, it would permit the use of funding to support the new WIFIA SRF Loan Program authorized under the soon to be enacted S. 3021. If funding is appropriated, this new program could fund 100% of a project’s costs. However, it is unclear when USEPA would issue rules to implement the new program. In addition to the core infrastructure programs, the anticipated agreement should maintain funding of regional water quality programs like the BEACH Act and National Estuary Program. When Congress returns to work, it must reach an agreement on a final spending bill by December 7 to avoid a shutdown of USEPA. Low Income Ratepayer Assistance S. 3564, sponsored by Senator Ben Cardin (D-MD) and cosponsored by Senators Debbie Stabenow (D-MI) and Roger Wicker (R-MS), is a bipartisan bill that would establish a pilot program to provide ratepayer assistance to low-income ratepayers. Under the program, thirty-two projects would be selected to provide grants to residents facing hardships. The project would be a mix of agencies serving communities ranging from 10,000 to more than a million. Under the legislation, a priority for grants assistance to agencies would be based upon whether the agency has been impacted by consent decrees, experienced a 30% rate increase in the past three years, developed a program to provide similar assistance, and provides matching funds equal to the grants assistance. A copy of the summary of the legislation is attached to this update along with the organizations that have endorsed the legislation. We expect the legislation will be addressed next year. OCSD Federal Bills of Interest BILL AUTHOR SUMMARY LATEST ACTION OCSD POSITION OTHER POSITIONS H.R.1071 Paul Tonko (D-NY)Assistance, Quality, and Affordability Act of 2017. Amends the Safe Drinking Water Act to increase assistance for States, water systems, and disadvantaged communities; to encourage good financial and environmental management of water systems; to strengthen the Environmental Protection Agency’s ability to enforce the requirements of the Act; and for other purposes. House - 2/13/17 Referred to the House Committee on Energy and Commerce 2/15/17 Watch No supporters of note for OCSD H.R. 465 Bob Gibbs (R-OH)Water Quality Improvement Act. Amends the Clean Water Act to allow for integreated plan permits for CSO's and related wet weather compliance needs in association with traditional discharge mandates to allow for priority setting House - 1/12/2017 Referred to Committee on Transportation & Infrastructure Watch NACWA Supports/Could become vehicle for permit term extensions to ten years from five years H.R.1068 Frank Pallone (D-NJ)Safe Drinking Water Act Amendments of 2017. To enable needed drinking water standards, reduce lead in drinking water, plan for and address threats from climate change, terrorism, and source water contamination, invest in drinking water infrastructure, increase compliance with drinking water standards, foster greater community right to know about drinking water quality, and promote technological solutions for drinking water challenges. House - 2/15/17, Referred to Subcommittee on Environment 2/17/17 Watch No supporters of note for OCSD H.R. 1663 Robert Wittman (R-VA)Water Resources Research Amendments Act. Amends the Water Resources Research Act of 1984 to reauthorize grants for and require applied water supply research regarding the water resources research and technology institutes established under that Act. House - 3/21/17 Referred to Committee on Natural Resources Watch No supporters of note for OCSD Proposed Federal Legislation 2017-2018 Priority OCSD Federal Bills of Interest BILL AUTHOR SUMMARY LATEST ACTION OCSD POSITION OTHER POSITIONS H.R. 1579 Scott H. Peters (D-CA)Secure and Resilient Water Systems Act. To require drinking water systems to assess and address their vulnerabilities to climate change, source water degradation, and intentional acts to ensure secuity and resiliency. House - 3/16/17, referred to Committee on Energy and Commerce Watch No supporters of note for OCSD H.R. 434 Jeff Denham (R-CA)New WATER Act. Authorizes the Department of the Interior, for 15 years after this bill's enactment, to provide financial assistance, such as secured loans or loan guarantees, to entities that contract under federal reclamation law to carry out water projects within the 17 western states served by the Bureau of Reclamation, other states where the Bureau is authorized to provide project assistance, Alaska, and Hawaii. House - 1/11/17 Referred to Subcommittee on Water, Power, and Oceans - 2/7/17 Watch No supporters of note for OCSD H.R. 448 Jared Huffman (D-CA)Water Conservation Rebate Tax Parity Act. Amends the Internal Revenue Code to expand the tax exclusion for energy conservation subsidies provided by public utilities to exclude from gross income subsidies provided: (1) by a public utility to a customer, or by a state or local government to a resident of such state or locality, for the purchase or installation of any water conservation or efficiency measure; and (2) by a storm water management provider to a customer, or by a state or local government to a resident of such state or locality, for the purchase or installation of any storm water management measure. House - 1/11/2017 Referred to Committee on Ways and Means Support ACWA and CASA Support OCSD Federal Bills of Interest BILL AUTHOR SUMMARY LATEST ACTION OCSD POSITION OTHER POSITIONS S. 692 Deb Fischer (R-NE)Water infrastructure Flexibility Act. Provides for integrated plan permits, to establish an Office of the Municipal Ombudsman, to promote green infrastructure, and to require the revision of financial capability guidance. Approved by Senate without objection on Unanimous Consent on 10/10/17 and referred to House Committee on Transportation & Infrastructure Support NACWA Supports H.R. 1654 Tom McClintock (R-CA)Water Supply Permitting Coordination Act. To authorize the Secretary of the Interior to coordinate Federal and permitting processes related to the construction of new surface water storage projects on lands under the jurisdiction of the Secretary of the Interior and the Secretary of Agriculture and to designate the Bureau of Reclamation as the lead agency for permit processing, and for other purposes. House - 6/26/17 Passed House and referred to Senate Watch No supporters of note for OCSD H.R.998 Jason Smith (R-MO)SCRUB Act. SCRUB would institutionalize a process to identify those regulations that are eligible to be repealed. Under the measure, a bipartisan review commission would examine rules fifteen years or older that are determined to be not necessary and should be repealed immediately, or given to the appropriate agency for the purposes of prioritizing the rule for repeal. Passed House 3/1/17 240-185, Received in Senate - referred to Committee on Homeland Security and Governmental Affairs Support No supporters of note for OCSD H.R. 1653 Robert E. Latta (R-OH)Drinking Water Affordability Act. Amends certain provisions of the Safe Drinking Water Act, and for other purposes. House - 3/21/2017 Referred to Subcommittee on Environment Watch No supporters of note for OCSD OCSD Federal Bills of Interest BILL AUTHOR SUMMARY LATEST ACTION OCSD POSITION OTHER POSITIONS H.R. 1807 Louie Gohmert (R-TX) Public Water Supply Invasive Species Compliance Act of 2017. Amends the Lacey Act and the Lacey Act Amendments of 1981 by exempting certain water transfers between public water supplies located on, along, or across the boundaries of Texas, Arkansas, and Louisiana from prohibitions on illegal trade of plants and wildlife. Specifically, the prohibitions do not apply to covered water transfers containing a prohibited species if: (1) the species are present in both public water supplies before the transfer and the water is transferred directly between them; or (2) the water is transferred in a closed conveyance system (a closed system that collects, contains, and transports the flow of water, such as pipe systems) and sent directly to treatment facilities where the species will be destroyed. House - 8/25/17 Placed on Union Calendar Watch No supporters of note for OCSD S. 896 Richard Burr (R-NC)A bill to permanently reauthorize the Land and Water Conservation Fund. This bill amends the Land and Water Conservation Fund Act of 1965 to make permanent the authorization for the Land and Water Conservation Fund. The greater of 1.5% of the annual authorized funding amount or $10 million shall be used for projects that secure recreational public access to existing federal public land for hunting, fishing, and other recreational purposes. House - 4/07/17 referred to Committee on Energy and Natural Resources Watch No supporters of note for OCSD H.R. 1971 Lloyd Smucker (R-PA)Water Infrastructure Flexibility Act. To provide for integrated plan permits, to establish an Office of the Municipal Ombudsman, to promote green infrastructure, and to require the revision of financial capability guidance. House - 4/07/17 referred to Subcommittee on Water Resources and Environment Support NACWA Supports OCSD Federal Bills of Interest BILL AUTHOR SUMMARY LATEST ACTION OCSD POSITION OTHER POSITIONS S. 880 Tammy Baldwin (D-WI)Made In America Water Infrastructure Act. To ensure the use of American iron and steel in public water systems, and for other purposes House -4/6/17 referred to the Committee on Environment and Public Works Watch No supporters of note for OCSD H.R. 2116 Stephen Knight (R-CA) Perchlorate Reclamation and Water Replenishment Act. Amends the Reclamation Wastewater and Groundwater Study and Facilities Act to authorize the Secretary of the Interior to participate in a series of water reclamation projects to provide a new water supply to communities previously impacted by perchlorate contamination plumes. House - 4/25/2017 Referred to Committee on Natural Resources Watch NACWA Supports H.R. 1647 Earl Blumenauer (D- OR)Water Infrastructure Trust Fund Act of 2017. To establish a Water Infrastructure Trust Fund, and for other purposes House - 3/21/2017 Referred to Subcommittee on Environment, 3/24/7 Watch No supporters of note for OCSD H.R. 2510 Peter DeFazio (D-OR)Clean Water and Jobs Creation Act of 2017. To renew the Clean Water SRF Program and to provide grants to support resiliency needs House - 5/18/2017. Referred to Subcommittee on Water Resources and Environment, 5/19/18 Support CASA Supports S. 1137 Ben Cardin (D-MD)Clean Safe Reliable Water Infrastructure Act. Provides for a robust funding of SRF programs and to establish a WaterSense Program to promote water efficiency Senate - 5/16/2017 Referred to Committee on Environment and Public Works Watch No supporters of note for OCSD OCSD Federal Bills of Interest BILL AUTHOR SUMMARY LATEST ACTION OCSD POSITION OTHER POSITIONS S. 21 Paul Rand (R-KY)Regulations from the Executive in Need of Scrutiny Act of 2017. This bill will provide for congressional approval of regulations with impacts of $100 million or greater Senate - 10/16/17 Placed on Senate Legislative Calendar Watch No supporters of note for OCSD S. 1696 Tom Udall (D-NM)Smart Energy and Water Efficiency Act. Provides for language protecting against certification of technologies that migh impair water treatment or increase costs. Senate - 8/1/17 and referred Committee on Energy and Natural Resources Watch No supporters of note for OCSD but anticipate CASA and WateReuse will support H.R. 3275 Jerry McNerney (D-CA)Water and Energy Sustainability through Technology Act. Provides for assistance to support innovation in water treatment and water use efficiency. House - 7/17/17 referred to Committees on Energy and Commerce, Natural Resources, Transportation and Infrastructure, Science Space and Technology, Agriculture. Referred to Subcommittee on Energy (5/22/18) Watch No supporters of note for OCSD S. 1622 Bob Menendez (D-NJ) Beach Act of 2017. This bill amends the Federal Water Pollution Control Act (commonly known as the Clean Water Act) to revise and reauthorize through FY2021 a grant program for monitoring, and notifying the public of, any pathogens in coastal recreation waters bordering public beaches. Senate - 07/24/2017 Read twice and referred to the Committee on Environment and Public Works. Watch No supporters of note for OCSD OCSD Federal Bills of Interest BILL AUTHOR SUMMARY LATEST ACTION OCSD POSITION OTHER POSITIONS H.R. 2755 Frank Pallone (D-NJ)Beach Act of 2017. Amends the Federal Water Pollution Control Act (commonly known as the Clean Water Act) to revise and reauthorize through FY2021 a grant program for monitoring, and notifying the public of, any pathogens in coastal recreation waters bordering public beaches. House - 05/26/2017 Referred to the Subcommittee on Water Resources and Environment. Watch No supporters of note for OCSD H.R. 2510 Peter DeFazio (D-OR)Water Quality Protection and Job Creation Act of 2017. Amends the Federal Water Pollution Control Act to authorize appropriations for State water pollution control revolving funds, and for other purposes. House - 05/18/2017 Referred to the Subcommittee on Water Resources and Environment Watch No supporters of note for OCSD S. 1464 Dianne Feinstein (D- CA) Water Conservation Tax Parity Act. Amends the Internal Revenue Code to expand the tax exclusion for energy conservation subsidies provided by public utilities to exclude from gross income subsidies provided (directly or indirectly): (1) by a public utility to a customer, or by a state or local government to a resident of such state or locality, for the purchase or installation of any water conservation or efficiency measure; and (2) by a storm water management provider to a customer, or by a state or local government to a resident of such state or locality, for the purchase or installation of any storm water management measure. Senate - 6/28/2017 Referred to the Committee on Finance Watch WateReuse Supports S. 1700 Tom Udall (D-NM)Water Efficiency Improvement Act of 2017. Amend the Energy Policy and Conservation Act to establish a WaterSense program within the Enivronmental Protection Agency, and for other purposes. Senate - 8/2/2017 Referred to Committee on Environment and Public Works Watch No supporters of note for OCSD OCSD Federal Bills of Interest BILL AUTHOR SUMMARY LATEST ACTION OCSD POSITION OTHER POSITIONS H.R. 2799 Jerry McNerney (D-CA)Western Water Recycling and Drought Relief Act. Amends the Reclamation Wastewater and Groundwater Study and Facilities Act to authorize the Department of the Interior to participate in the design, planning, and construction of recycled water system facilities in California. House - 6/7/2017 Referred to Subcommittee on Water, Power and Oceans, 6/16/17 Watch No supporters of note for OCSD H.R. 3533 Salud Carbajal (D-CA)Coastal State Climate Preparedness Act of 2017. Amends the Coastal Zone Management Act of 1972 to require the Secretary of Commerce to establish a coastal climate change adaptation preparedness and response program, and for other purposes. House - 7/28/2017 Referred to Subcommittee on Energy and Mineral Resources, 8/14/17 Watch No supporters of note for OCSD H.R. 3906 Denny Heck (D-WA)Innovative Stormwater Infrastructure Act of 2017. Establishes centers of excellence for innovative stormwater control infrastructure, and for other purposes. House - 7/16/18 Passed House by voice vote. Received in Senate Watch No supporters of note for OCSD H.R. 4177 Matt Cartwright (D-PA)PREPARE Act of 2017. Enhances the Federal Government’s planning and preparation for extreme weather and the Federal Government’s dissemination of best practices to respond to extreme weather, thereby increasing resilience, improving regional coordination, and mitigating the financial risk to the Federal Government from such extreme weather, and for other purposes. Hosue - 4/12/18 Ordered to Reported out of Committee on Transportation and Infrastructure by voice vote Watch No supporters of note for OCSD H.R. 4492 Brian Mast (R-FL)Water Infrastructure Finance and Innovation Reauthorization Act of 2017. Reauthorizes and amends the Water Infrastructure Finance and Innovation Act of 2014. House -11/30/2017 Referred to the Committee on Transportation and Infrastructure and Committee on Energy and Commerce ***SEE S. 3021*** Watch No supporters of note for OCSD OCSD Federal Bills of Interest BILL AUTHOR SUMMARY LATEST ACTION OCSD POSITION OTHER POSITIONS H.R. 2917 Bob Gibbs (R-OH)Regulatory Certainty Act of 2017. Amends the Federal Water Pollution Control Act to clarify when the Administrator of the Environmental Protection Agency has the authority to prohibit the specification of a defined area, or deny or restrict the use of a defined area for specification, as a disposal site under section 404 of such Act, and for other purposes. House - 6/15/2017 Referred to the Committee on Transportation and Infrastructure Watch No supporters of note for OCSD S. 1996 Cory Booker (D-NJ)Environmental Justice Act of 2017. Requires Federal agencies to address environmental justice, to require consideration of cumulative impacts in certain permitting decisions, and for other purposes. Senate - 10/24/2017 Referred to Committee on Environment and Public Works Watch No supporters of note for OCSD H.R. 4114 Raul Ruiz (D-CA)Environmental Justice Act of 2017. Requires Federal agencies to address environmental justice, to require consideration of cumulative impacts in certain permitting decisions, and for other purposes. House - 10/24/2017 Referred to Committee on Energy and Commerce, Committee on Natural Resources, Committee on Transportation and Infrastructure, and Committee on Judiciary Watch No supporters of note for OCSD H.R. 4397 Mimi Walters (R-CA)California Wildfire Disaster Tax Relief Act of 2017. Provides tax relief with respect to California wildfires. House - 11/15/2017 Referred to the Committee on Ways and Means Watch No supporters of note for OCSD OCSD Federal Bills of Interest BILL AUTHOR SUMMARY LATEST ACTION OCSD POSITION OTHER POSITIONS H.R. 3131 Bill Hiuzenga (R-MI)Endangered Species Litigation Reasonableness Act. Amends the Endangered Species Act of 1973 to replace the current standard for awarding court costs, including attorney fees, in citizen suits with the federal judicial code standard for awarding costs to a prevailing party. House - 2/15/18 Placed on Union Calendar Watch No supporters of note for OCSD H.R. 4460 Lou Barletta (R-PA)Disaster Recovery Reform Act. Improves the provision of disaster and mitigation assistance to eligible individuals and households and to eligible State, local, Tribal, and territorial governments and certain private nonprofit organizations, and for other purposes. House - 11/28/2017 Referred to Committee on Transportation and Infrastructure and Committee on Financial Services. Ordered to be Reported Out (amended) by voice vote (11/30/17) Watch No supporters of note for OCSD S. 2364 John Boozman (R-AR)SRF WIN Act. Amends the Water Infrastructure Finance and Innovation Act of 2014 to provide to State infrastructure financing authorities additional opportunities to receive loans under that Act to support drinking water and clean water State revolving funds to deliver water infrastructure to communities across the United States, and for other purposes. Senate -1/30/18 Referred to Committee on Environment and Public Works ***SEE S. 3021*** Watch CASA, NACWA Support . ACWA Watch Position. Senator Dianne Feinstein(D-CA) Original Co- Sponsor OCSD Federal Bills of Interest BILL AUTHOR SUMMARY LATEST ACTION OCSD POSITION OTHER POSITIONS H.R. 4902 John Katko (R-NY)SRF WIN Act. Amends the Water Infrastructure Finance and Innovation Act of 2014 to provide to State infrastructure financing authorities additional opportunities to receive loans under that Act to support drinking water and clean water State revolving funds to deliver water infrastructure to communities across the United States, and for other purposes. House - 1/30/18 Referred to Committee on Transportation and Infrastructure and Committee on Energy and Commerce ***SEE S. 3021*** Watch No supporters of note for OCSD H.R. 5127 Grace Napolitano (D- CA)Water Recycling Investment and Improvement Act. To establish a grant program for the funding of water recycling and reuse projects, and for other purposes. House - 2/27/18 Referred to Committee on Natural Resources and Committee on Transportation and Infrastructure. Referred to Subcommittee on Water, Power and Oceans (3/6/18) Support No supporters of note for OCSD S. 2563 Jeff Flake (R-AZ)A bill to improve the water supply and drought resilience of the United States, and for other purposes. Senate - 3/15/18 Referred to Committee on Energy and Natural Resources. Hearings held 3/22/18 Watch No supporters of note for OCSD OCSD Federal Bills of Interest BILL AUTHOR SUMMARY LATEST ACTION OCSD POSITION OTHER POSITIONS S. 2727 Kirsten Gillibrand (D- NY)PIPE Act. A bill to require the Administrator of the Environmental Protection Agency to establish a discretionary grant program for drinking water and wastewater infrastructure projects, and for other purposes. Senate - 4/23/18 Introduced and referred to Committee on Environment and Public Works Watch No supporters of note for OCSD H.R. 5596 Salud Carbajal (D-CA) Water Infrastructure Resiliency and Sustainability Act of 2018. Authorize the Administrator of the Environmental Protection Agency to establish a program of awarding grants to owners or operators of water systems to increase resiliency or adaptability of the systems to any ongoing or forecasted changes to the hydrologic conditions of a region of the United States. House - 4/24/18 Referred to Committee on Transportation and Infrastructure, Committee on Natural Resources. Referred to Subcommittee on Water, Power and Oceans (5/1/18) Watch No supporters of note for OCSD S. 2800 John Barrasso (R-WY) America's Water Infrastructure Act of 2018. Provides for the conservation and development of water and related resources, to authorize the Secretary of the Army to construct various projects for improvements to rivers and harbors of the United States, and for other purposes. Senate - 5/8/18 Committee on Environment and Public Works Hearing held. ***SEE S. 3021*** Watch CASA, ACWA, & NACWA Support H.R. 8 Bill Shuster (R-PA) Water Resources Development Act of 2018. Provides for improvements to the rivers and harbors of the United States, to provide for the conservation and development of water and related resources, and for other purposes. House - 5/18/18 Passed House 408- 2. Received in the Senate. ***SEE S. 3021*** Watch No supporters of note for OCSD OCSD Federal Bills of Interest BILL AUTHOR SUMMARY LATEST ACTION OCSD POSITION OTHER POSITIONS H.R. 6147 Ken Calvert (R-CA)Interior, Environment, and Related Agencies FY19 Appropriations Bill. Makes appropriations for the Department of the Interior, Environment and Related Agencies for the fiscal year ending September 30, 2019 and for other purposes. House - 7/19/18 Passed House 217- 199. Senate - 8/1/18 Passed Senate 96-2. Conference negotiations underway. Watch No supporters of note for OCSD H.R. 5895 Mike Simpson (R-ID) Energy and Water Development and Related Agencies, Legislative Branch, and Veterans Affairs Appropriations Act FY2019. Makes appropriations for energy and water development and related agencies, Legislative Branch, and Veterans Affairs for the fiscal year ending September 30, 2019, and for other purposes. House - 9/12/18 Passed Senate 92- 5. Sent to House, passed House 377- 20 9/13/18. Bill sent to President for signing. Watch No supporters of note for OCSD S. 3073 Lisa Murkowski (R-AK) Department of the Interior, Environment and Related Agencies Appropriations Act FY2019. Makes appropriations for the Department of the Interior, Enivironment, and Related Agencies for the fiscal year ending September 30, 2019 and for other purposes. Senate - 6/14/18 Passed the Committee on Appropriations unanimously and placed on Senate Calendar. Watch No supporters of note for OCSD S. 3015 Kamala Harris (D-CA) Water Affordability Act. A bill to amend the Federal Water Pollution Control Act to establish a low-income sewer and drinking water assistance pilot program, and for other purposes. Senate - 6/6/18 Referred to Committee on Environment and Public Works. Watch No supporters of note for OCSD OCSD Federal Bills of Interest BILL AUTHOR SUMMARY LATEST ACTION OCSD POSITION OTHER POSITIONS H.R. 6356 Andy Biigs (R-AZ)LIST Act. Amends the Endangered Species Act of 1973 to provide for improved precision in the listing, delisting, and downlisting of endangered species and potentially endangered species. House - 7/12/18 Referred to Committie on Natural Resources. Hearings Held (9/26/18) Watch No supporters of note for OCSD H.R. 6345 Steve Pearce (R-NM)EMPOWERS Act. Povides for greater county and State consultation with regard to petitions under the Endangered Species Act of 1973, and for other purposes. House - 7/12/18 Referred to Committie on Natural Resources Watch No supporters of note for OCSD H.R. 6344 Scott Tipton (R-CO) LOCAL Act. Amends the Endangered Species Act of 1973 to encourage voluntary conservation efforts. House - 7/12/18 Referred to Committie on Natural Resources. Ordered to be Reported 20-12 (9/27/18) Watch No supporters of note for OCSD H.R. 6355 Bruce Westerman (R- AR) PETITION Act. Amends the Endangered Species Act of 1973 to define petition backlogs and provide expedited means for discharging petitions during such a backlog. House - 7/12/18 Referred to Committie on Natural Resources. Ordered to be Reported (amended) 19-14 (9/27/18) Watch No supporters of note for OCSD H.R. 6364 Don Young (R-AK) LAMP Act. Amends the Endangered Species Act of 1973 to increase State and local involvement in management plans. House - 7/12/18 Referred to Committie on Natural Resources. Hearings Held (9/26/18) Watch No supporters of note for OCSD OCSD Federal Bills of Interest BILL AUTHOR SUMMARY LATEST ACTION OCSD POSITION OTHER POSITIONS H.R. 6360 Ralph Norman (R-SC) PREDICTS Act. Amends the Endangered Species Act of 1973 to provide for greater certainty and improved planning for incidental take permit holders. House - 7/12/18 Referred to Committie on Natural Resources. Hearings Held (9/26/18) Watch No supporters of note for OCSD H.R. 6346 Mike Johnson (R-LA) WHOLE Act. Amends the Endangered Species Act of 1973 to provide for consideration of the totality of conservation measures in determining the impact of proposed Federal agency action. House - 7/12/18 Referred to Committie on Natural Resources. Ordered to be Reported 20-11 (9/27/18) Watch No supporters of note for OCSD H.R. 6354 Paul Gosar (R-AZ) STORAGE Act. Amends the Endangered Species Act of 1973 to prohibit designation as critical habitat of certain areas in artificial water diversion or delivery facilities. House - 7/12/18 Referred to Committie on Natural Resources. Hearings Held (9/26/18) Watch No supporters of note for OCSD H.R. 3608 Tom McClintock (R-CA)Endangered Species Transparency and Reasonableness Act. Amends the Endangered Species Act of 1973 to require publication on the Internet of the basis for determinations that species are endangered species or threatened species, and for other purposes. House - 7/12/18 Referred to Committie on Natural Resources. Ordered to be Reported 19-12 (9/27/18) Watch No supporters of note for OCSD H.R. 6290 Devin Nunes (R-CA) Public Employee Pension Transparency Act (PEPTA). Amends the Internal Revenue Code of 1986 to provide for reporting and disclosure by State and local public employee retirement pension plans. House - 6/28/18 - Referred to Committee on Ways and Means Watch No supporters of note for OCSD OCSD Federal Bills of Interest BILL AUTHOR SUMMARY LATEST ACTION OCSD POSITION OTHER POSITIONS S. 3303 John Barrasso (R-WY) Water Quality Certification Improvement Act of 2018. Amends the Federal Water Pollution Control Act to make changes with respect to water quality certification, and for other purposes. Senate - 8/16/18 Committee on Environment and Public Works hearings held. Watch No supporters of note for OCSD H.R. 6727 Gwen Moore (D-WI)Water Technology Acceleration Act. Establishes an innovative water technology grant program and to amend the Safe Drinking Water Act and the Federal Water Pollution Control Act to encourage the use of emerging and innovative water technology, and for other purposes. House - 9/6/18 Referred to Committees on Energy and Commerce, Transportation and Infrastructure, and Natural Resources. Referred to Subcommittee on Water, Power and Oceans (9/13/18) Watch No supporters of note for OCSD H.R. 6787 Jody Hice (R-GA)To provide for reforming agencies of the Federal Government to improve efficiency and effectiveness, and for other purposes. House - 9/12/18 Referred to Committee on Oversight and Government Reform Watch No supporters of note for OCSD OCSD Federal Bills of Interest BILL AUTHOR SUMMARY LATEST ACTION OCSD POSITION OTHER POSITIONS H.R. 6782 Mak DeSaulnier (D-CA)To determine the feasibility of additional agreements for long-term use of existing or expanded non-Federal storage and conveyance facilities to augment Federal water supply, ecosystem, and operational flexibility benefits in certain areas, and for other purposes. House - 9/12/18 Referred to Committee on Natural Reosurces. Referred to Subcommittee on Water, Power and Oceans (9/20/18) Watch No supporters of note for OCSD S. 3021 Amy Klobuchar (D-MI) To provide for improvements to the rivers and harbors of the United States, to provide for the conservation and development of water and related resources, to provide for water pollution control activities, and for other purposes. Passed House and Senate, sent to the President (10/12/18) Watch No supporters of note for OCSD H.R. 6835 Fred Upton (R-MI) PFAS Federal Facility Accountability Act of 2018. Encourages Federal agencies to enter into or amend coop- erative agreements with States for removal and remedial actions to address PFAS contamination in drinking water, surface water, ground water, sediment, and soil, and for other purposes. House - 9/17/18 Referred to the Committee on Energy and Commerce Watch No supporters of note for OCSD S. 3381 Debbie Stabenow (D- MI) PFAS Accountability Act of 2018. Encourages Federal agencies to expeditiously enter into or amend cooperative agreements with States for removal and remedial actions to address PFAS contamination in drinking, surface, and ground water and land surface and subsurface strata, and for other purposes. Senate - 8/23/18 Referred to Committee on Environment and Public Works Watch No supporters of note for OCSD OCSD Federal Bills of Interest BILL AUTHOR SUMMARY LATEST ACTION OCSD POSITION OTHER POSITIONS H.R. 6727 Gwen Moore (D-WI)Water Technology Acceleration Act. Establishes an innovative water technology grant program and to amend the Safe Drinking Water Act and the Federal Water Pollution Control Act to encourage the use of emerging and innovative water technology, and for other purposes. House - 9/06/18 Referred to Committees on Transportation & Infrastructure, Energy & Commerce, and Natural Resources Watch No supporters of note for OCSD H.R. 6889 David McKinley (R-WV)Water Quality Certification Improvement Act. Amends the Federal Water Pollution Control Act to make changes with respect to water quality certification, and for other purposes. House - 9/25/18 Referred to Committee on Transportation and Infrastructure Watch No supporters of note for OCSD OCSD Federal Bills of Interest BILL AUTHOR SUMMARY LATEST ACTION OCSD POSITION OTHER POSITIONS H.R. 6944 Denny Heck (D-WA)Clean Water Through Green Infrastructure Act. Establishes centers of excellence for innovative stormwater control infrastructure, and for other purpose House 9/27/18 Referred to Committee on Transportation and Infrastructure Watch No supporters of note for OCSD S. 3564 Ben Cardin (D-MD)A bill to amend the Safe Drinking Water Act and the Federal Water Pollution Control Act to establish pilot programs to assist low-income households in maintaining access to sanitation services and drinking water, and for other purposes. Senate - 10/10/18 Referred to Committee on Environment and Public Works Watch No supporters of note for OCSD Legend: ACC-OC- Association of California Cities, Orange County LOCC- League of California Cities NYC- Not Yet Considered CASA- California Association of Sanitation Agencies NACWA - National Association of Clean Water Agencies ACWA- Association of California Water Agencies CSDA- California Special Districts Association To: Orange County Sanitation District From: Townsend Public Affairs, Inc. Date: October 15, 2018 Subject: Legislative and Public Affairs Agenda Report State Political Update In September, the Governor took action to sign or veto the remaining legislation on his desk. Governor Brown considered 1,217 regular session bills this year and vetoed a record 201, which marks the highest veto rate (16.5 percent) of his terms as Governor. The Governor’s veto percentage during his past two terms has ranged from 12 to 16.5 percent, a vast difference from his average veto percentage of 4.6 from 1975 to 1983. Governor Brown has considered nearly 20,000 bills during his 16-year combined tenure as California’s Governor. The Legislature is set to return from the interim recess in January to start the first year of a new two-year legislative session. Although this session will include a new Governor and Administration, it is expected that the Legislature will maintain its focus on a wide variety of topics including climate change, housing, and public safety. Priority Legislation – End of the Session Summary Bill OCSD Position OCSD Position Bill Status AB 1933 (Maienschein) Would make clarifications regarding the greenhouse gas reduction benefits of organic waste recycling facilities Support Signed into law AB 2003 (Daly) Would make changes to the bid advertising requirements for sanitation districts Sponsor Pulled by Author AB 2411 (McCarty) Would require CalRecycle to develop and implement a plan to maximize the use of compost for slope stabilization and for establishing vegetation Support if Amended Signed into law AB 2447 (Reyes) Would require a lead agency that is preparing an EIR or a negative declaration to provide certain notices required by CEQA to owners and occupants of property located within 1/2 mile of any parcel or parcels in Disadvantaged Communities Seek Amendments Vetoed SB 212 (Jackson) Would establish a stewardship program, where manufacturers or distributors would be required to establish and implement a stewardship program for covered drugs or for sharps Support Signed into law Water Tax Legislation Would add a voluntary tax on water for urban water users to provide funding for the Safe and Affordable Drinking Water Fund Watch Bill is dead September 2018 Report 2 Bill OCSD Position OCSD Position Bill Status SB 929 (McGuire) Would require all independent special districts to have and maintain an internet web site. Support Signed into law SB 1077 (Wilk) Would recast the wrap-up insurance or other consolidated insurance program requirements for public and other works of improvement that are not residential construction Oppose Bill is dead SB 1440 (Hueso) Would require the Public Utilities Commission to consider adopting specific biomethane procurement targets or goals for each gas corporation Support Signed into law Ballot Initiative Update There are eleven ballot initiatives that have been certified for the election on November 6, 2018. The following is a summary of those eleven measures with a breakdown of reported contributions to the Secretary of State for their campaigns: Proposition 3 – Authorizes Bonds to Fund Projects for Water Supply and Quality, Watershed, Fish, Wildlife, Water Conveyance, and Groundwater Sustainability and Storage. - Would authorize $8.77 billion in general obligation bonds for water infrastructure, groundwater supplies and storage, surface water storage and dam repairs, watershed and fisheries improvements, and habitat protection and restoration. Support: $3.3 million Opponents: No reported funding at this time CalRecycle Pilot Reuse Grant Program In the 2018-2019 Cap and Trade expenditure plan, the Legislature allocated $25 million to CalRecycle for programs and projects that reduce greenhouse gas emissions associated with landfills. Traditionally, CalRecycle has used the same group of programs to expend the money allocated to them through the Budget from the Greenhouse Gas Reduction Fund. However, in this budget cycle, CalRecycle has decided to create a new program called the Pilot Reuse Grant Program. On November 14, CalRecycle will host a workshop to solicit specific ideas for eligible projects under the Pilot Reuse Grant Program. TPA is working with District staff to attend the workshop and craft a comment letter from the Orange County legislative delegation that advocates for utilizing the newly created grant program for OCSD priority projects. OCSD State Bills of Interest BILL AUTHOR SUMMARY LATEST ACTION OCSD POSITION LEGISLATIVE PLAN OTHER POSITIONS AB 1250 Jones-Sawyer [D]Counties: contracts for personal services Would establish specific standards for the use of personal services contracts by counties. The bill would allow a county or county agency to contract for personal services currently or customarily performed by employees, as applicable, when specified conditions are met. The bill would exempt certain types of contracts from its provisions, and would exempt a city and county from its provisions. By placing new duties on local government agencies, the bill would impose a state-mandated local program. The bill also would provide that its provisions are severable. This bill was amended to exclude cities, and does NOT apply to special districts. AB 1250 is dead Oppose Legislative and Regulatory Policies: 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 ACC-OC - Removed Opposition LOCC - Removed Opposition CASA - Refer to Leg Committee NACWA - NYC CSDA - Watch AB 1933 Maienschein [R]Greenhouse Gas Reduction Fund: appropriations: recycling infrastructure projects. Would specify that activities that expand and improve waste diversion and recycling include food rescue, waste prevention, and organic waste recycling. The bill would additionally specify that eligible infrastructure projects that reduce greenhouse gas emissions include the expansion of facilities for processing recyclable materials and projects to improve the quality of recycled materials. Signed by the Governor Support State Priorities: Support funding through grants and legislation for a Food Waste/Organic Co-Digestion facility at OCSD ACC-OC - NYC LOCC - Support CASA - Support NACWA - NYC CSDA - Watch Proposed Legislation 2017-2018 High Priority OCSD State Bills of Interest BILL AUTHOR SUMMARY LATEST ACTION OCSD POSITION LEGISLATIVE PLAN OTHER POSITIONSAB 2003 Daly [D]Public contracts: sanitation districts: notice Current law authorizes a sanitation district to make and perform any agreement with a public or private corporation of any kind or a person for the joint construction, acquisition, disposition, or operation of any property or works of a kind that might be constructed, acquired, disposed of, or operated by the district. Current law requires a district, when an expenditure for work exceeds $35,000, to contract with the lowest responsible bidder after notice. Current law requires the notice to be published, as specified. This bill would instead require the notice to be published in a manner that the district board determines to be reasonable, which may include, but is not limited to, newspapers, Internet Web sites, radio, television, or other means of mass communication. Pulled by the Author. Dead Sponsor Legislative and Regulatory Policies: 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 ACC-OC - NYCLOCC - NYCCASA -SupportNACWA - NYCCSDA - Support SB 1263 Portantino [D]Ocean Protection Council Statewide Microplastics Strategy: Would require the Ocean Protection Counci, to the extent funds are available from bonds or other sources, to adopt and implement a Statewide Microplastics Strategy related to microplastic materials that pose an emerging concern for ocean health and that includes specified components, as provided. The bill would authorize the council, in collaboration with the State Water Resources Control Board, the Office of Environmental Health Hazard Assessment, and other interested entities, to enter into one or more contracts with marine research institutes in the state for the provision of research services that would contribute directly to the development of the Statewide Microplastics Strategy. Signed by the Governor Watch/Rec Support State Priorities: Support legislation or regulations that restrict the use of microplastics in any product that is disposed of through the sewer system ACC-OC - NYCLOCC - WatchCASA - Support NACWA - NYCCSDA - NYC AB 2411 McCarthy [D]Solid waste: use of compost: planning. Would require the Department of Resources Recycling and Recovery, on or before December 31, 2019, to develop and implement a plan to maximize the use of compost for slope stabilization and establishing vegetation in the course of providing debris removal services following a fire and, in coordination with the Department of Transportation, to identify best practices of each of the Department of Transportation’s 12 districts regarding the cost-effective use of compost along roadways and develop a plan to expand the identified best practices to the other districts. Signed by the Governor Watch/Rec Support if Amended to include biosolids compost State Tactics: Development and implementation of a statewide biosolids land application management policy ACC-OC - NYCLOCC - SupportCASA - SupportNACWA - NYCCSDA - NYC OCSD State Bills of Interest BILL AUTHOR SUMMARY LATEST ACTION OCSD POSITION LEGISLATIVE PLAN OTHER POSITIONSSB 623 Monning [D]Safe and Affordable Drinking Water Fund Would establish the Safe and Affordable Drinking Water Fund in the State Treasury and would provide that moneys in the fund are continuously appropriated to the State Water Resources Control Board. The bill would require the board to administer the fund to secure access to safe drinking water for all Californians, while also ensuring the long-term sustainability of drinking water service and infrastructure. The bill would authorize the state board to provide for the deposit into the fund of federal contributions, voluntary contributions, gifts, grants, bequests, and settlements from parties responsible for contamination of drinking water supplies. The bill was amended on August 21 to include a public goods charge on water, identified as $0.95 per month fee for customers with water meters up to one inch or customers without water meters. The feees increase depending on the size of the water meter, up to $10 per month for customers with water meters greater than four inches. The policy and fees set forth by this bill have been included in the Governor's January Budget proposal. SB 623 is dead Watch State and Federal Tactics: Work with CASA in support of continued use of tax-exempt financing and feasibile innocating financing approaches ACC-OC - NYCLOCC - Oppose unless amendedCASA - Watch CloselyNACWA - NYCCSDA - Oppose unless amended SB 844 Monning [D]Water quality: agricultural safe drinking water fees Current law requires every person who manufactures or distributes fertilizing materials to be licensed by the Secretary of Food and Agriculture and to pay a license fee that does not exceed $300. This bill, during calendar years 2019 to 2033, inclusive, would require a licensee to pay to the secretary a fertilizer safe drinking water fee of $0.008 per dollar of sale for all sales of fertilizing materials intended for farm use and $0.004 per dollar of sale for all sales of fertilizing materials intended for noncommercial use. The bill, beginning calendar year 2034, would reduce the fee to $0.004 per dollar of sale intended for farm use and $0.002 per dollar of sale intended for noncommercial use. This is one of the two bills that seek to add funding to the Safe and Affordable Drinking Water Fund SB 844 is dead Watch State and Federal Tactics: Work with CASA in support of continued use of tax-exempt financing and feasibile innocating financing approaches ACC-OC -NYCLOCC - WatchCASA - NYCNACWA - NYCCSDA - Oppose OCSD State Bills of Interest BILL AUTHOR SUMMARY LATEST ACTION OCSD POSITION LEGISLATIVE PLAN OTHER POSITIONSSB 845 Monning [D]Safe and Affordable Drinking Water Fund Would establish the Safe and Affordable Drinking Water Fund in the State Treasury and would provide that moneys in the fund are continuously appropriated to the state board. By creating a new continuously appropriated fund, this bill would make an appropriation. The bill would require the state board to administer the fund to secure access to safe drinking water for all Californians, while also ensuring the long-term sustainability of drinking water service and infrastructure. SB 845 requires that retail water providers invoice and collect a “voluntary donation” from each customer. The amount of the donation would be based upon service connection size. This is one of the two bills that seek to add funding to the Safe and Affordable Drinking Water Fund SB 845 is dead Watch State and Federal Tactics: Work with CASA in support of continued use of tax-exempt financing and feasibile innocating financing approaches ACC-OC -NYCLOCC - WatchCASA - NYCNACWA - NYCCSDA - Oppose SCA 4 Hertzberg [D]Water conservation. The California Constitution requires that the water resources of the state be put to beneficial use to the fullest extent of which they are capable and that the waste or unreasonable use or unreasonable method of use of water be prevented.This measure would declare the intent of the Legislature to amend the California Constitution to provide a program that would ensure that affordable water is available to all Californians and to ensure that water conservation is given a permanent role in California’s future. SCA 4 is dead Watch Legislative and Regulatory Policies: Support legislation and regulation that necessitate the responsible use of water in residential, commercial, and industrial areas ACC-OC -NYC LOCC - WatchCASA - Work with AuthorNACWA - NYCCSDA - Watch AB 1884 Calderon [D]Solid waste: single-use plastic straws. Would prohibit a food facility, as specified, where food may be consumed on the premises, from providing single-use plastic straws to consumers unless requested by the consumer. The bill would specify that the first and 2nd violations of these provisions would result in a warning and any subsequent violation would be an infraction punishable by a fine of $25 for each day the food facility is in violation. Signed by the Governor Watch State Priorities: Support legislation or regulations that restrict the use of microplastics in any product that is disposed of through the sewer system ACC-OC -NYC LOCC - Support CASA - NYC NACWA - NYCCSDA - NYC Additional Legislation OCSD State Bills of Interest BILL AUTHOR SUMMARY LATEST ACTION OCSD POSITION LEGISLATIVE PLAN OTHER POSITIONSAB 1981 Limon [D]Organic waste: composting. Current law requires, until January 1, 2021, the California Environmental Protection Agency, in coordination with the Department of Resources Recycling and Recovery, the State Water Resources Control Board, the State Air Resources Board, and the Department of Food and Agriculture, to develop and implement policies to aid in diverting organic waste from landfills by promoting the composting of specified organic waste and by promoting the appropriate use of that compost throughout the state. This bill would revise and recast this and related provisions, including, among other changes, imposing additional duties on those state agencies relating to promoting the application of compost and additionally including the Department of Forestry and Fire Protection in the state agencies in coordination with which the California Environmental Protection Agency is required to develop and implement the above-specified policies. Signed by the Governor Watch State Priorities: Support funding through grants and legislation for a Food Waste/Organic Co-Digestion facility at OCSD ACC-OC -NYCLOCC - WatchCASA - WatchNACWA - NYCCSDA - NYC AB 1989 Mathis [R]Water and Wastewater Loan and Grant Program.Current law authorizes the State Water Resources Control Board to establish the Water and Wastewater Loan and Grant Program, to the extent funding is made available, to provide funding to eligible applicants for specified purposes relating to drinking water and wastewater treatment.This bill would appropriate $50,000,000 from the General Fund to the board for the program. AB 1989 is dead Watch State Priorities: 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 ACC-OC -NYC LOCC - Watch CASA - Watch NACWA - NYC CSDA - Watch OCSD State Bills of Interest BILL AUTHOR SUMMARY LATEST ACTION OCSD POSITION LEGISLATIVE PLAN OTHER POSITIONSAB 2249 Cooley [D]Public contracts: local agencies: alternative procedure. Would authorize public projects of $60,000 or less to be performed by the employees of a public agency, authorize public projects of $200,000 or less to be let to contract by informal procedures, and require public projects of more than $200,000 to be let to contract by formal bidding procedures. These measures only apply to the public agency if their Board elects to participate in the Uniform Public Construction Cost Accounting Act. Signed by the Governor Watch Legislative and Regulatory Policies: 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 ACC-OC -NYCLOCC - SupportCASA - SupportNACWA - NYCCSDA - Support AB 2447 Reyes [D]California Environmental Quality Act: land use: environmental justice CEQA requires a lead agency to prepare a mitigated negative declaration for a project that may have a significant effect on the environment if revisions in the project would avoid or mitigate that effect and there is no substantial evidence that the project, as revised, would have a significant effect on the environment. CEQA prohibits a lead agency from approving or carrying out a project for which a certified EIR identifies one or more significant effects on the environmental unless the lead agency makes certain findings. This bill would require the Office of Environmental Health Hazard Assessment, by June 30, 2019, to publish a list of subject land uses, as specified, and a map that identifies disadvantaged communities and areas within a 1/2 mile radius of the disadvantaged communities. Vetoed Seek Amendments State Priorities: 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 ACC-OC -NYCLOCC - WatchCASA - NYCNACWA - NYCCSDA - Oppose SB 212 Jackson [D]Medical waste. Current law, the Medical Waste Management Act, administered by the State Department of Public Health, regulates the management and handling of medical waste, as defined.This bill add to the act a definition of “home-generated pharmaceutical waste” as a prescription or over-the-counter human or veterinary home-generated pharmaceutical that is waste and is derived from a household, including, but not limited to, a multifamily residence or household. This bill is a follow-up/cleanup bill for Senator Jackson's SB 1229 (2016), which provides that certain collectors who are authorized under federal law to engage in drug take-back collection with limited protection from civil and criminal liability. Signed by the Governor Support State Priorities: Support legislation or regulations that would prevent the disposing of drugs down the drain ACC-OC -NYCLOCC - SupportCASA - SupportNACWA - NYCCSDA - Support OCSD State Bills of Interest BILL AUTHOR SUMMARY LATEST ACTION OCSD POSITION LEGISLATIVE PLAN OTHER POSITIONSSB 929 McGuire [D] Special districts: Internet Web sites. The California Public Records Act requires a local agency to make public records available for inspection and allows a local agency to comply by posting the record on its Internet Web site and directing a member of the public to the Web site, as specified. This bill would, beginning on January 1, 2020, require every independent special district to maintain an Internet Web site that clearly lists contact information for the special district, except as provided. Because this bill would require local agencies to provide a new service, the bill would impose a state-mandated local program. Signed by the Governor Watch State Priorities: Actively monitor the Little Hoover Commission hearings and reports related to climate change adaptation, special districts and other topics as it relates to OCSD ACC-OC -NYCLOCC - WatchCASA - SupportNACWA - NYCCSDA - Sponsor SB 966 Wiener [D]Onsite treated nonpotable water systems Would, on or before December 1, 2022, require the State Water Resources Control Board, in consultation with the California Building Standards Commission, to adopt regulations for risk-based water quality standards for the onsite treatment and reuse of nonpotable water, as provided. The bill would authorize the state board to contract with public or private entities regarding the content of the standards and would exempt those contracts from, among other provisions, review and approval of the Department of General Services. Signed by the Governor Watch Legislative and Regulatory Policies: Support measures that promote and provide for the use of reclaimed water ACC-OC -NYC LOCC - Support CASA - Work w/ author NACWA - NYC CSDA - Watch SB 1077 Wilk [R]Construction contracts: wrap-up insurance and indemnification Current law regulates the use of wrap-up insurance or other consolidated insurance programs in connection with specified construction projects. Current law distinguishes, in this regard, between residential construction projects, private residential works of improvement, as specified, and public works and other projects that are not residential, as specified. This bill would recast the wrap-up insurance or other consolidated insurance program requirements for public and other works of improvement that are not residential construction, entered into or amended on and after January 1, 2019, to track generally the requirements that apply to residential projects. SB 1077 is dead Oppose Legislative and Regulatory Policies: Support legislation and regulation that allow public agencies to procure goods and services in manners similar to private industry, thereby reducing overall costs of ACC-OC -NYC LOCC - OpposeCASA - WatchNACWA - NYCCSDA - Oppose unless amended OCSD State Bills of Interest BILL AUTHOR SUMMARY LATEST ACTION OCSD POSITION LEGISLATIVE PLAN OTHER POSITIONSSB 1215 Hertzberg [D]Drinking water systems and sewer systems: consolidation and extension of service. This bill would authorize the state board to set timeline and performance measures to facilitate completion of extension of service of drinking water. This bill would authorize the state board to order consolidation with a receiving sewer system for, or extension of sewer service to, a disadvantaged community under specified circumstances. The bill would require the state board to take certain actions before ordering consolidation or extension of service that are similar to those required for the consolidation or extension of water systems and would additionally require the state board to find that at least 75% of the households in the community potentially subject to extension or consolidation of service have agreed to receive sewage service from the receiving sewer system. Signed by the Governor Watch Legislative and Regulatory Policies: Oppose legislation consolidating special districts that fail to address the concerns of cities affected by the proposed consolidation ACC-OC -NYCLOCC - WatchCASA - Oppose unless amendedNACWA - NYCCSDA -Oppose unless amended SB 1440 Hueso [D]Energy: biomethane: biogas and biomethane procurement program.SB 1440 requires the California Air Resources Board (ARB), in consultation with the California Public Utilities Commission (CPUC), to adopt a biomethane procurement requirement for gas corporations with over 100,000 customers. Specifically, this bill requires the overall procurement mandate across all commercially available sectors to be initially set at 32 billion cubic feet (bcf). SB 1440 also requires the CPUC to allow recovery in rates of the cost of utility investment for prudent and reasonable investments for infrastructure that provide direct benefits to the ratepayers. Signed by the Governor Support State Tactics: Monitor and advise on energy or other resource recovery related funding opportunities ACC-OC -NYCLOCC - WatchCASA - Support NACWA - NYCCSDA - Watch SB 1422 Portantino [D]California Safe Drinking Water Act: microplastics. Would require the State Water Resources Control Board to adopt regulations requiring annual testing for, and reporting of, the amount of microplastics in drinking water, including public disclosure of those results. Signed by the Governor Watch State Priorities: Support legislation or regulations that restrict the use of microplastics in any product that is disposed of through the sewer system ACC-OC -NYC LOCC - Watch CASA - Watch NACWA - NYCCSDA - Oppose Legend:ACC-OC - Association of California Cities, Orange County LOCC - League of California Cities NYC - Not Yet ConsideredCASA - California Association of Sanitation AgenciesNACWA - National Association of Clean Water AgenciesACWA - Association of California Water Agencies CSDA - California Special Districts Association Name of Grant/Loan Synopsis of Grant/Loan Amount of Grant/Loan Amount Applying for Applying Y/N Project/Program Reason Match Deadline Category Rcvd Grant/ Financing Y/N California Infrastructure and Economic Development Bank CA0272 Infrastructure State Revolving Fund (ISRF) Program The purpose of this program is to provide accessible low-cost financing to eligible borrowers for a wide range of infrastructure and economic expansion projects. Eligible activities generally include designing, acquiring, planning, permitting, entitling, constructing, improving, extending, restoring, financing, and generally developing eligible facilities within the state of California. Program funding is available in amounts ranging from $50,000 to $25 million, with loan terms for the useful life of the project up to a maximum of 30 years. TBD Evaluating Multiple (possible projects). Evaluating the program.Might be for smaller projects.N/A, loan program Rolling Water/Energy/ Infrastructure TBD Cap and Trade Funding $1.25 billion from the Cap and Trade program (Greenhouse Gas Reduction Fund) was proposed to be appropriated in the Governor's January Budget. A Cap and Trade Expenditure plan will be considered later this legislative session. $20 million - Waste Diversion Projects. Specifics TBD TBD TBD TBD The Cap and Trade Expenditure Plan will need to go through the legislative process. It is uncertain how much funding will be available for the District's projets, or what the funding will be used for. TBD Unknown at this time Energy/Recycling TBD 2018 Integrated Regional Water Management (IRWM) Grant Program The Proposition 1 IRWM Grant Program, administered by DWR, provides funding for projects that help meet the long term water needs of the state, including: Assisting water infrastructure systems adapt to climate change;Providing incentives throughout each watershed to collaborate in managing the region's water resources and setting regional priorities for water infrastructure TBD TBD TBD TBD TPA and OCSD are monitoring the grant program development from the Santa Ana Watershed Project Authority (SAWPA). Once the solicitation for bids is available, we can determine if an application is warranted. Yes. Details TBD Unknown at this time Water TBD 2018 Proposed Park Bond (Proposition 68) Prop 68 included $290 million for Drought, Groundwater, and Water Recycling programs TBD, based on grant guidelines.TBD Proposition 68 passed by a statewide vote.N/A If funding becomes available, TPA and staff will evaluate the opportunity.TBD TBD Water No The Water Infrastructure Improvements Act (S. 612/Public Law #114-322/WIIN) The enactment of the Water Infrastructure Improvements Act (S. 612/Public Law #114-322/WIIN) contained important assistance for water recycling and desalination. Senator Feinstein included $50 million to support construction of projects that have a final and deemed feasible study of a recycling project. In securing this new competitive grants program at the U.S. Bureau of Reclamation, Senator Feinstein highlighted the identification of several water and wastewater agencies that would benefit from the assistance. OCSD is one of these agencies. $1.5 Million Yes Final Expansion of GWRS (planning, design and construction) Headworks The Sanitation District is applying for Headworks Segregation project that will help to bring more water to the GWRS. Title 16 will pay up to 25 percent of the available money 8/15/2017 Water/ Infrastructure Received notification of award on 11/27/17 for $1,325,000.00 The Water Infrastructure Improvements Act (WIIN) The Title XVI Water Reclamation and Reuse Projects funding opportunity allows for sponsors of water reclamation and reuse projects that are congressionally authorized or are eligible under section 4009(c) of the WIIN Act to request cost-shared funding for planning, design and/or construction of those Projects. Water reclamation and reuse projects provide improved efficiency, flexibility during water shortages and diversifies the water supply. Reclamation is making up to $20 million available for those projects authorized under the WIIN Act and $34 million for the congressionally authorized Title XVI projects. $550,000 Yes Final Expansion of GWRS Headworks (P2-122) The Sanitation District is applying for Headworks Segregation project that will help to bring more water to the GWRS. Title 16 will pay up to 25 percent of the available money 7/27/2018 Water/ Infrastructure TBD OCSD's Grant and Loan Funding Tracker 2017-2018 STATE FEDERAL Updated 10/15/2018 Name of Grant/Loan Synopsis of Grant/Loan Amount of Grant/Loan Amount Applying for Applying Y/N Project/Program Reason Match Deadline Category Rcvd Grant/ Financing Y/N OCSD's Grant and Loan Funding Tracker 2017-2018 The USEPA Leaking Underground Storage Tank (LUST) Trust Fund The fund addresses petroleum releases from regulated underground storage tanks. The LUST program receives approximately $100 million annually to prevent, detect, and clean up releases. Assistance is provided through grants. Eligible activities include removal of tanks and cleanup of contaminated areas. TBD Evaluating Cleanup of contaminated soils at Plant No. 1 We will review the grant to determine if it is a fit for the project. TBD Infrastructure TBD US Department of Agriculture The U.S. Department of Agriculture through its health watersheds program offers public-owned wastewater agencies funding through collaboration with agricultural interests where funding would be provided to the agricultural entity that would contribute to efforts to protect the watershed and minimize regulatory burdens on the point source. A total of $100 million is funded annually and the opportunity to design a watershed program might offer OCSD with the chance to advance its priority to reduce regulatory burdens. TBD TBD Reviewing the funding opportunity to see if there is a fit for OCSD. (Restoration of beaches and estuaries) We will review the possible funding opportunity to determine if it is a fit for the Sanitation District. TBD Water TBD The Department of Energy (DOE), USBR and USEPA The DOE’s Office of Energy Efficiency is likely to continue to be funded by Congress to support such efforts as biogas, biosolids and green energy. A minimum of $20 million to as much as $100 million based upon prior years’ budgets. USBR could receive as much as $130 million in support of the WaterSmart (due to increased funding under WIIN) during the next several years. USBR will issue solicitations for innovative approaches to managing water and water treatment through technology and processes. TBD TBD. We will monitor for possible funding opportunities Project Funding Opportunity: Energy production to reduce costs of recycled water through innovative technologies like Aquacritox, Innovative water monitoring technology that can produce efficient real time monitoring and data analysis, Biogas Management and Use Improvements. We will review the possible funding opportunity to determine if it is a fit for the Sanitation District. TBD Energy TBD Smart Cities and Security It is unclear how the incoming administration may revise existing programs that address energy and water efficiency needs. However, the effort to support communities develop approaches that improve the quality of life in communities might continue to receive funding. OCSD might be able to leverage such program assistance to support innovative approaches to security. Funding may also be available through Department of Homeland Security to assist communities to protect against cyber-threats. TBD TBD TBD. Based on the funding opportunities and OCSD's projects/needs. Project Funding Opportunity: SCADA System and Network Upgrades, Seismic Hazard Evaluation (FEMA Mitigation Assistance) If funding becomes available we will evaluate the opportunity.Unknown at this time Energy/Water TBD WIFIA The WIFIA program accelerates investment in our nation’s water infrastructure by providing long-term, low-cost supplemental loans for regionally and nationally significant projects. To qualify for funding assistance a project must cost at least $20 million. The USEPA has expressed an interest in projects that deliver multiple benefits that might capture water recycling as well as projects that address stormwater and other “large project” needs. $2 billion N/A No Possible projects: GWRS Final Expansion, District 6 Trunk Sewer Relief Project, Headworks Rehabilitation/Expansion Headquarters Complex, Site and Security/Entrance Realignment, Western Regional Sewers—Planning and design and construction The Sanitation District does not plan to borrow funds to complete projects. The Water District might qualify for these loans and OCSD will support them if they choose to do so. 4/10/2017 Water/ Infrastructure N/A Updated 10/15/2018 Page 1 of 2 LEGISLATIVE AND PUBLIC AFFAIRS COMMITTEE Meeting Date 11/05/18 To Bd. of Dir. -- AGENDA REPORT Item Number 5 Item Number -- Orange County Sanitation District FROM: James D. Herberg, General Manager Originator: Jennifer Cabral, Public Affairs Supervisor SUBJECT: DRAFT 2019 LEGISLATIVE/REGULATORY PLAN GENERAL MANAGER'S RECOMMENDATION Information Only. 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 Review the draft 2019 Legislative and Regulatory Plan, which will go to the full Board in December. Advise staff to work with Local, State, and Federal officials to advocate the Sanitation District’s legislative interests. Help to create/monitor legislation and grants that will 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. Page 1 of 2 LEGISLATIVE AND PUBLIC AFFAIRS COMMITTEE Meeting Date 11/05/18 To Bd. of Dir. -- AGENDA REPORT Item Number 6 Item Number -- Orange County Sanitation District FROM: James D. Herberg, General Manager SUBJECT: PUBLIC AFFAIRS UPDATE GENERAL MANAGER'S RECOMMENDATION Information Only. BACKGROUND Staff will provide an update on recent public affairs activities. RELEVANT STANDARDS • Maintain influential legislative advocacy and a public outreach program • Build brand, trust, and support with policy makers and community leaders • Maintain collaborative and cooperative relationships with regulators, stakeholders, and neighboring communities • Listen to and seriously consider community input on environmental concerns PROBLEM Many Californians are not aware of the Orange County Sanitation District (Sanitation District) and the important work we do to keep the environment clean by using the wastewater byproducts to create energy, water recycling, and the use of biosolids. In general, the community and businesses do not realize that when they improperly dispose of waste into the sanitation system, it can negatively affect the work we do and the quality of water we supply for the Groundwater Replenishment System. PROPOSED SOLUTION By providing tours, community outreach education, and general communication via the Sanitation District’s website, social media outlets, and mainstream media, we have the ability to educate the community, local agencies, and businesses on the What2Flush program, energy production, water recycling, biosolids, and our source control program. This, in turn, results in a better quality of wastewater. Page 2 of 2 RAMIFICATIONS OF NOT TAKING ACTION If we do not educate the community, local agencies, and area businesses about the Sanitation District, we lose an opportunity to educate thousands of people about our plants, source control, and the wastewater industry as a whole. ADDITIONAL INFORMATION October 2018 Activity # # of Guests OCSD/OCWD Tours 11 236 OCSD Tours 13 191 Speaking Engagements 3 90 Outreach Booth 1 300 In the month of October: 2018 State of the District The 2018 State of the District took place on Friday, October 19. This year’s theme was “A Sense of Purpose – Our Community.” More than 120 elected officials, stakeholders, and business professionals gathered to learn about the Sanitation District’s most recent accomplishments and future goals. GWRS Campaign Receives Regional Public Relations Award of Excellence The Sanitation District and OCWD received the 2018 Award of Excellence from the Orange County Chapter of the Public Relations Society of America (OCPRSA) for the agencies' "GWRS Bottled Water Campaign." The campaign included a year-long California tour to bring bottled water and information to about 17,000 people from San Diego to Sacramento to educate audiences about the reliability and quality of this new source of water. OCSD Connects with the City of Anaheim Residents As part of the outreach efforts for the State College Sewer project, staff participated in City hosted district meetings. The meetings were divided by Council Districts and put together to share items of interest to the public. As the Sanitation District’s project overlaps two districts, staff attended two meetings to share details about the large project and gather feedback from the community. This effort reached over 125 people with Congressman Lou Correa in attendance speaking very highly of the Sanitation District to the attendees. ATTACHMENTS The following attachments are attached in hard copy and may also be viewed on-line at the OCSD website (www.ocsd.com) with the complete agenda package: • Outreach Report October 2018 • Media Clips October 2018   Outreach October 2018  Date Event Attendees  10/2/2018 DWRF/IBWA Tour 23  10/3/2018  CSUF Nursing Tour  22  10/3/2018 Yeosu City Officials Tour 12  10/4/2018  CSUF Nursing Tour  23  10/5/2018 Plant 2 Neighborhood Tour 8  10/6/2018  Plant 2 Neighborhood Tour  10  10/9/2018 CSULB Nursing Tour 27  10/10/2018  CSUF Nursing Tour  24  10/11/2018 West Coast Nursing Tour 15  10/12/2018  Bolsa Chica Land & Trust Tour  25  10/13/2018 Placentia Heritage Festival 300  10/15/2018  Loura High School Tours  60  10/15/2018 Korean Delegation Tour 13  10/16/2018  Vanguard Nursing Tour  17  10/16/2018 Legislative Director for Congressman Lowenthal 1  10/18/2018  ARI Guiragos School Tour  28  10/19/2018 State of the District Plant 1 Tour 10  10/23/2018  GoldenWest College Tour  33  10/24/2018 Inland Empire Utilities 8  10/24/2018  Chinese Delegation Tour  5  10/26/2018 Orange Coast College Tour 28  10/29/2018  Hope University Tour  7  10/30/2018 CSULB Env. Science Tour 20    OCSD Public Affairs Office Monthly News Clippings October 2018 Table of Contents CONSTRUCTION…………………………………………… .................... PAGE 1 September 20, 2018 Sewer upgrades scheduled for west Orange County By: Shelly Henderson Orange County Breeze GWRS…………………………………………… ................................ PAGE 3 October 2, 2018 California turning away from Traditional Imported Water Sources By: Jonathan King The National Law Review October 4, 2018 CA Water managers successfully diversity water supplies By: Jennifer Hermes Environmental Leader HUMAN INTEREST…………………………………………… ................. PAGE 7 September 25, 2018 Huntington Beach desalination project would help meet region’s water needs By: Allan Bernstein Los Angeles Times October 3, 2018 What we know about the coastal rotten egg smell, and what it means for your health By: Martin Wisckol Orange County Register October 4, 2018 FV based agencies honored with public relations awards By: Daily Pilot Staff Daily Pilot TWITTER POSTINGS …………………………………………… ............. PAGE 15 FACEBOOK POSTINGS ……………………………………………………PAGE 17 1 Sewer upgrades scheduled for West Orange County SEPTEMBER 20TH, 2018 SHELLEY HENDERSON COMMUNITY, CYPRESS, GOVERNMENT, LOS ALAMITOS The good news is that West Orange County is scheduled to receive upgrades to its sewer infrastructure. Speaking as someone with a trunk sewer running down the street over my home’s back wall, I welcome maintenance that will prevent a sewage spill. The bad news is that West Orange County streets will be dug up in order to upgrade the sewer infrastructure. The “maybe it won’t be that bad” news is that most of the upgrades will be installing sewer pipe liners rather than replacing pipes entirely. Liners requiring less digging. The “double migraine” news is that the section in Los Alamitos is actually a double trunk. Double the fun! The Los Alamitos Trunk Sewer Project is scheduled to begin in summer of 2020 and last for two years. The Cypress Trunk Sewer – East Project is scheduled to go right behind my house starting in late 2022 and extending almost two years. Maybe we can go on a world cruise… The Cypress Trunk Sewer – West Project is scheduled for the same period. Our housing tract will be boxed in, since Cypress East goes up Moody Street and Cypress West goes up Denni Street — smack through Forest Lawn, as it turns out. The section north of Lincoln Ave. is supposed to be replaced, rather than lined. Another project, replacing the Seal Beach Pump Station at the corner of Seal Beach Blvd. and Westminster Blvd., is scheduled to start in 2023. The current pump station was built in 1972. Orange County Breeze  September 20, 2018  2 West Orange County Sanitation District map of future projects 3 California Turning Away from Traditional Imported Water Sources and Toward More Resilient Localized Water Supplies Tuesday, October 2, 2018 Jonathan S. King In 2014 California enacted the Sustainable Groundwater Management Act, which provides the framework for local water management agencies to develop and implement groundwater sustainability plans in order to sustainably manage the state’s groundwater within 20 years. This legislation was California’s first ever attempt to sustainably manage groundwater resources, a long overdue effort given that the state relies on groundwater for 40 percent of its total water supply in an average year. The Sustainable Groundwater Management Act aims to ensure that groundwater basins are being managed in a way that achieves “sustainable yield”—the maximum quantity of water that can be withdrawn annually from a groundwater supply without causing an “undesirable result.” The same year that the Sustainable Groundwater Management Act passed, the California State Water Boards were required to adopt regulations for groundwater replenishment using recycled water. Around this same time, California also updated its water recycling policy, emphasizing the need to shift away from disproportionate reliance on large-scale regional water supply systems—namely, the State Water Project and Central Valley Projects running through the Sacramento Bay-Delta and the Colorado River—and towards more diversified local supplies. The amended policy acknowledged that the “collapse of the Bay-Delta ecosystem, climate change, and continuing population growth have combined with a severe drought on the Colorado River and failing levees in the Delta to create a new reality that challenges California’s ability to provide the clean water needed for a healthy environment, a healthy population and a healthy economy, both now and in the future.” To alleviate existential threats to its major water supply systems, California’s Recycled Water Policy mandated the State Water Boards to “exercise the authority granted to them by the Legislature to the fullest extent possible to encourage the use of recycled water, consistent with state and federal water quality laws.” Thus, the State Boards “strongly encourage local and regional water agencies to move toward clean, abundant, local water for California by emphasizing appropriate water recycling, water conservation, and maintenance of supply infrastructure and the use of storm water (including dry-weather urban runoff)” in an effort to diversify water supply portfolios statewide. Today, diversification of water supplies to include local, recycled sources has moved up the ladder of priorities for major municipal water managers. For example, Metropolitan Water District (MWD), Southern California’s regional water supplier, and the largest water wholesaler in the world, is actively examining large-scale investments in recycled water from water treatment plants. A comparison between MWD’s past and future water supply portfolio is illustrative of the direction of California’s water future. In 1990, imported water from the Sacramento Bay-Delta and The National Law Review  October 2, 2018  4 Colorado River systems provided some 59% of MWD’s water supply, and water conservation and recycling accounted for a mere 7% of supply. This projected seismic shift indicates just how aggressively MWD, in recognition of system wide vulnerabilities caused by an array of issues that are outside the scope of this discussion (i.e. drought, population growth, climate change), intends to develop more local and resilient water supplies. That trend is also manifesting in the activities of other large municipal water management agencies throughout California. The Orange County Water District (OCWD) is a special district responsible for managing the Orange County Groundwater Basin. It has bought imported water from MWD for decades, but, recognizing the need for greater self- reliance constructed and began operating a groundwater replenishment system in 2008 that currently produces approximately 100 million gallons of purified water each day that can be recharged into the local aquifer. OCWD has already constructed one expansion of this system, and in August, 2018 it received a $135 million federal grant to “purify treated wastewater from the Orange County Sanitation District to produce an additional 30 million gallons per day of drinking water, which will be stored in the Orange County Groundwater Basin.” In Northern California, Santa Clara Valley Water District (SCVWD) has plans to “provide up to 45,000 acre-feet per year (AFY) of purified water for indirect and/or direct potable reuse to supplement groundwater recharge from other existing sources, such as imported and locally-stored water supply.” SCVWD’s 2012 Master Plan provided that “at least 20,000 AFY of advanced treated recycled water will be available for groundwater recharge by 2030.” Four years into California’s first-ever effort to manage groundwater supplies, it is clear that California water managers are looking for creative strategies that give them flexibility to manage their water supply portfolios and navigate threats to large imported water systems under increasing stress. In order for a state that has never had any meaningful groundwater regulation to achieve sustainable yield in its groundwater basins in the 20-year period allotted by the Sustainable Groundwater Management Act continued development of localized sources is likely. 5 CA Water Managers Successfully Diversify Water Supplies in Face of Threats Body October 4, 2018 by Jennifer Hermes Since 2014, California has passed the Sustainable Groundwater Management Act (SGMA), updated its water recycling policy to encourage a shift away from reliance on large-scale regional water supply systems, and begun requiring that California State Water Boards adopt regulations for groundwater replenishment using recycled water. Moves such as these have been taken in an attempt to help the state manage threats to its major water supply systems – and seem to have successfully led to water managers increasing the diversification of water supplies and their use of recycled water, according to Jonathan King of global law firm Squire Patton Boggs. It seems likely that the state’s water managers will continue to look for creative strategies for managing their water portfolios, including the development of localized sources, King writes. Environmental Leader  October 4, 2018  6 Shifting Reliance Away from Major Supplies California’s municipal water managers have begun to focus on appropriate water recycling, improved infrastructure maintenance and the use of stormwater, rather than relying solely on major regional supply systems like the State Water Project, the Central Valley Projects, and the Colorado River. For example:  The Metropolitan Water District is looking into large-scale investments into recycled water from water treatment plants.  The Orange County Water District (OCWD), which constructed a groundwater replenishment system in 2008, received a $135 million federal grant to purify treated wastewater from the sanitation district to produce an additional 30 million gallons per day of drinking water.  Santa Clara Valley Water District plans to provide purified water for indirect and/or direct potable reuse to supplement groundwater recharge from other existing sources. Keeping Up with the Changes… As California faces increasing water shortages due to drought, population growth and climate change, being able to manage groundwater sustainably is one of the most important and complex challenges the state will face in coming decades, water experts believe. Last month, Maven’s Notebook, in partnership with Environmental Defense Fund (EDF) and Stanford’s Program on Water in the West (WitW), unveiled a new tool, the Groundwater Exchange, to help water managers understand the SGMA. The exchange is a free, collaborative online platform that offers tools and resources to support successful implementation of SGMA. https://www.environmentalleader.com/2018/10/ca-water-managers-successfully-diversify-water-supplies-in- face-of-threats/ 7 COMMENTARY Huntington Beach desalination project would help meet  region’s water needs    By DR. ALLAN BERNSTEIN SEP 25, 2018 | 12:45 PM As the price of imported water continues to rise, and technological advances for  seawater desalination improve efficiencies, California’s time to turn ocean water into  drinking water has come. Orange County is poised to integrate purified ocean water  into its drinking water portfolio, just as San Diego has successfully done by producing  35 billion gallons of drinking water from the Pacific Ocean in just three short years.  Los Angeles Times  September 25, 2018    8   The ocean is the world’s largest reservoir; it’s always full and sits on our front  doorstep. At the cost of a half‐penny per gallon, seawater desalination is cost‐ competitive with the development of other new water supplies.  As we experience hotter, drier and lengthier summers, we will inevitably see a  reduction in available stormwater runoff locally as well as a reduction in snowmelt  runoff from the Sierras. The Inland Empire will recycle and reuse the runoff coming  from Big Bear, which means Orange County will need to use water more efficiently and  develop our own supplies.  By producing 50 million gallons of drinking water per day, enough water for about  400,000 people, the proposed Huntington Beach seawater desalination project has the  ability to meaningfully reduce Orange County’s need to import water from Northern  California or the Colorado River. Seawater desalination is drought‐proof and  impervious to climate and weather. It’s Orange County’s ticket to water independence.  The Orange County Water District and Poseidon have forged a public‐private  partnership that ensures the water reliability benefits of this project can be shared  countywide while saving ratepayers money over the life of the project. The public‐ private partnership also ensures that ratepayers only pay for water that is delivered  and are financially insulated from all permitting, construction and operating risks.  The Huntington Beach Seawater Desalination Plant has secured numerous local, state  and federal environmental permits. In fact, no regulatory agency has ever rejected the  plant. Once built the facility will be the most technologically advanced, energy efficient  and environmentally sound desalination plant in the Western Hemisphere. The project  is approaching the regulatory finish line and local and statewide bipartisan support for  the project is deep and wide.  Not unexpectedly, narrow special interest groups that want to deny Orange County a  large‐scale, reliable water supply are getting desperate. Be wary of individuals and  entities that try to pit Orange County against itself. These special interests are  masquerading as ratepayer advocates, but no one is fooled.  Many of those who oppose desalination today also opposed Orange County’s  Groundwater Replenishment System (GWRS) 25 years ago when it was being  proposed. Today, GWRS serves as the biggest and best water recycling project in the  9 world, and water leaders from throughout the world visit us to better understand this  water wonder.  Ironically, because we are conserving so much water and our new dishwashers,  washing machines and toilets are so water efficient, the sewer flows are lower than  anticipated, which means we don’t have as much water to recycle as we otherwise  would. Even recycled water is reliant on original source water from somewhere and  with the inherent specter of drought, it is incumbent upon water leaders to identify  and implement new viable water supplies.  One of the great benefits of desalination is that instead of just slicing the pie  differently, desalination actually increases the size of the pie because it introduces a  genuinely new water supply to the equation.  Seawater desalination is the final frontier that will help make Orange County more  water independent and that time is now.  Dr. Allan Bernstein is on the Environmental Quality Policy Committee for the  California League of Cities and is the Chairman of the Orange County Water  Independence, Sustainability and Efficiency (OC WISE) coalition. He is also a Tustin  councilman and chairman of the Assn. of California Cities Water Committee.  10 What we know about the coastal ‘rotten egg’ smell, and what it means for your health The THUMS oil islands offshore of Long Beach, one of which is picture here, were found to be in compliance by the Air Quality Management District as it went looking for the source of the rotten-egg odor that periodically plagues the coast. Photo by Chris Carlson/Associated Press. By Martin Wisckol | mwisckol@scng.com | Orange County Register PUBLISHED: October 3, 2018 at 4:19 pm | UPDATED: October 4, 2018 at 11:31 am More than 400 complaints about a rotten-egg smell poured into the Air Quality Management District from Sept. 28 to Oct. 1, with most calls coming from a stretch of coast from Newport Beach to Redondo Beach. Orange County Register  October 3, 2018    11 The mysterious odor has intermittently plagued the coast for years, with AQMD doggedly investigating its origin. The agency has yet to definitively identify the source, although air samples indicate it may be related to offshore petroleum rigs, tankers or other oil operations. Experts says it’s unlikely to pose a long-term health risk, but it continues to annoy residents and visitors with no end in sight. “It’s a documented problem,” said Joseph Lyou, president of the Coalition for Clean Air and an AQMD board member. “This odor has been very frustrating for AQMD.” What is the smell?  It’s most likely hydrogen sulfide, which has a pungent sulfur odor. Hydrogen sulfide is found in oil fields and other petroleum operations, and can arise from rotting organic matter including seaweed, algae blooms and dead fish. Mercaptan, which has a similar odor, is added to natural gas and other odorless toxins to help quickly identify potentially dangerous leaks. But AQMD officials suspect the smell is usually hydrogen sulfide because the chemical has shown up in air tests. What’s known about the source of the most recent stink?  AQMD is investigating whether part of the problem stems from a leak of sulfur hexafluoride Sunday at an Edison substation in Huntington Harbour. The chemical is often used in high-voltage electrical equipment. A report filed with the state shows that 5 pounds of the compound leaked from the substation. But because the recent flood of complaints started before the leak, AQMD is looking for other sources as well. Since the odors typically occur near the coast while winds are blowing from the ocean toward land, the primary source or sources are thought to be offshore. Could it be methane, a.k.a. natural gas?  The Huntington Beach Fire Department wrote on its Facebook page that the source was a naturally occurring “methane plume” from the ocean. But methane is not the chief culprit suspected by AQMD. Methane in its 100-percent natural state has no odor, according to Ed Avol, a USC professor of environmental health. 12 “However, methane deposits in the real world are rarely found in a 100-percent pure state, and are often co-located with other gases such as hydrogen sulfide, which has a strong ‘rotten eggs’ smell,” said Avol. “So when extracted from wells and such, one gets a combination of methane and hydrogen sulfide.” Why do experts think it may be related to petroleum operations?  AQMD regularly tests the air during odoriferous episodes and “some compounds have had a petroleum signature,” said AQMD spokesman Sam Atwood. Hydrogen sulfide is found in crude petroleum. Has AQMD targeted petroleum operations in its investigations?  Yes. AQMD has tested the oil rigs offshore of Long Beach and found that they complied with all regulations, Atwood said. The agency also uses infrared cameras to determine if significant levels of emissions coming from refineries, oil tankers and petroleum-loading terminals. If there’s a leak, how big might it be?  Not necessarily very big. “These odors are detected at very low levels,” Avol said. “You can smell it almost before you can measure it.” What is the health risk?  “At higher concentrations, (hydrogen sulfide) can create a health hazard,” Avol said. There is no indication that the compound is at those concentration levels. Nine months of AQMD testing in 2017 found that levels were below those at which short- term headaches and nausea can occur in some people. Hydrocarbons also sometimes occurred in levels higher than “typical” but below thresholds the state has determined are likely to cause health problems, according to the AQMD website. “We don’t think this poses any long-term health issues,” Atwood said. “As with any odor issue, there can be short-term effects. And there’s a quality of life issue.” 13 What should people do if they detect the rotten-egg smell?  “They should definitely call us and let us know at 800-CUT-SMOG,” Atwood said. “It’s important they call us immediately when we smell it, not days later.” If side effects are felt — or if someone simply wants to get away from the annoying smell — they can go inside, close the windows and turn on the air conditioner, he said. This story was updated to clarify some details about hydrogen sulfide. 14 F.V.-based agencies honored with public relations awards By DAILY PILOT STAFF OCT 04, 2018 | 2:35 PM The Fountain Valley-based Municipal Water District of Orange County, Orange County Water District and Orange County Sanitation District received 2018 Awards of Excellence last week from the Orange County chapter of the Public Relations Society of America. The Municipal Water District was honored for website development for rebuilding the district’s website, MWDOC.com. The Orange County Water District and the sanitation district were honored for their bottled water campaign. http://www.latimes.com/socal/daily-pilot/news/tn-dpt-me-around-town-20181004-story.html Daily Pilot  October 4, 2018    15 Twitter Posts for September and October 2018 Twitter Posts  October 2018    16 17 Facebook Posts for September and October 2018 Facebook Posts  October 2018    18 19 20 ORANGE COUNTY SANITATION DISTRICT COMMON ACRONYMS ACWA Association of California Water Agencies LAFCO Local Agency Formation Commission RWQCB Regional Water Quality Control Board APWA American Public Works Association LOS Level Of Service SARFPA Santa Ana River Flood Protection Agency AQMD Air Quality Management District MGD Million Gallons Per Day SARI Santa Ana River Interceptor ASCE American Society of Civil Engineers MOU Memorandum of Understanding SARWQCB Santa Ana Regional Water Quality Control Board BOD Biochemical Oxygen Demand NACWA National Association of Clean Water Agencies SAWPA Santa Ana Watershed Project Authority CARB California Air Resources Board NEPA National Environmental Policy Act SCADA Supervisory Control And Data Acquisition CASA California Association of Sanitation Agencies NGOs Non-Governmental Organizations SCAP Southern California Alliance of Publicly Owned Treatment Works CCTV Closed Circuit Television NPDES National Pollutant Discharge Elimination System SCAQMD South Coast Air Quality Management District CEQA California Environmental Quality Act NWRI National Water Research Institute SOCWA South Orange County Wastewater Authority CIP Capital Improvement Program O & M Operations & Maintenance SRF Clean Water State Revolving Fund CRWQCB California Regional Water Quality Control Board OCCOG Orange County Council of Governments SSMP Sewer System Management Plan CWA Clean Water Act OCHCA Orange County Health Care Agency SSO Sanitary Sewer Overflow CWEA California Water Environment Association OCSD Orange County Sanitation District SWRCB State Water Resources Control Board EIR Environmental Impact Report OCWD Orange County Water District TDS Total Dissolved Solids EMT Executive Management Team OOBS Ocean Outfall Booster Station TMDL Total Maximum Daily Load EPA US Environmental Protection Agency OSHA Occupational Safety and Health Administration TSS Total Suspended Solids FOG Fats, Oils, and Grease PCSA Professional Consultant/Construction Services Agreement WDR Waste Discharge Requirements gpd gallons per day PDSA Professional Design Services Agreement WEF Water Environment Federation GWRS Groundwater Replenishment System POTW Publicly Owned Treatment Works WERF Water Environment & Reuse Foundation ICS Incident Command System ppm parts per million WIFIA Water Infrastructure Finance and Innovation Act IERP Integrated Emergency Response Plan PSA Professional Services Agreement WIIN Water Infrastructure Improvements for the Nation Act JPA Joint Powers Authority RFP Request For Proposal WRDA Water Resources Development Act ORANGE COUNTY SANITATION DISTRICT GLOSSARY OF TERMS ACTIVATED SLUDGE PROCESS – A secondary biological wastewater treatment process where bacteria reproduce at a high rate with the introduction of excess air or oxygen and consume dissolved nutrients in the wastewater. BENTHOS – The community of organisms, such as sea stars, worms, and shrimp, which live on, in, or near the seabed, also known as the benthic zone. BIOCHEMICAL OXYGEN DEMAND (BOD) – The amount of oxygen used when organic matter undergoes decomposition by microorganisms. Testing for BOD is done to assess the amount of organic matter in water. BIOGAS – A gas that is produced by the action of anaerobic bacteria on organic waste matter in a digester tank that can be used as a fuel. BIOSOLIDS – Biosolids are nutrient rich organic and highly treated solid materials produced by the wastewater treatment process. This high-quality product can be recycled as a soil amendment on farmland or further processed as an earth-like product for commercial and home gardens to improve and maintain fertile soil and stimulate plant growth. CAPITAL IMPROVEMENT PROGRAM (CIP) – Projects for repair, rehabilitation, and replacement of assets. Also includes treatment improvements, additional capacity, and projects for the support facilities. COLIFORM BACTERIA – A group of bacteria found in the intestines of humans and other animals, but also occasionally found elsewhere, used as indicators of sewage pollution. E. coli are the most common bacteria in wastewater. COLLECTIONS SYSTEM – In wastewater, it is the system of typically underground pipes that receive and convey sanitary wastewater or storm water. CERTIFICATE OF PARTICIPATION (COP) – A type of financing where an investor purchases a share of the lease revenues of a program rather than the bond being secured by those revenues. CONTAMINANTS OF POTENTIAL CONCERN (CPC) – Pharmaceuticals, hormones, and other organic wastewater contaminants. DILUTION TO THRESHOLD (D/T) – The dilution at which the majority of people detect the odor becomes the D/T for that air sample. GREENHOUSE GASES (GHG) – In the order of relative abundance water vapor, carbon dioxide, methane, nitrous oxide, and ozone gases that are considered the cause of global warming (“greenhouse effect”). GROUNDWATER REPLENISHMENT SYSTEM (GWRS) – A joint water reclamation project that proactively responds to Southern California’s current and future water needs. This joint project between the Orange County Water District and the Orange County Sanitation District provides 70 million gallons per day of drinking quality water to replenish the local groundwater supply. LEVEL OF SERVICE (LOS) – Goals to support environmental and public expectations for performance. N-NITROSODIMETHYLAMINE (NDMA) – A N-nitrosamine suspected cancer-causing agent. It has been found in the Groundwater Replenishment System process and is eliminated using hydrogen peroxide with extra ultra-violet treatment. NATIONAL BIOSOLIDS PARTNERSHIP (NBP) – An alliance of the National Association of Clean Water Agencies and Water Environment Federation, with advisory support from the US Environmental Protection Agency. NBP is committed to developing and advancing environmentally sound and sustainable biosolids management practices that go beyond regulatory compliance and promote public participation to enhance the credibility of local agency biosolids programs and improved communications that lead to public acceptance. PLUME – A visible or measurable concentration of discharge from a stationary source or fixed facility. PUBLICLY OWNED TREATMENT WORKS (POTW) – A municipal wastewater treatment plant. SANTA ANA RIVER INTERCEPTOR (SARI) LINE – A regional brine line designed to convey 30 million gallons per day of non-reclaimable wastewater from the upper Santa Ana River basin to the ocean for disposal, after treatment. SANITARY SEWER – Separate sewer systems specifically for the carrying of domestic and industrial wastewater. Combined sewers carry both wastewater and urban runoff. SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT (SCAQMD) – Regional regulatory agency that develops plans and regulations designed to achieve public health standards by reducing emissions from business and industry. SECONDARY TREATMENT – Biological wastewater treatment, particularly the activated sludge process, where bacteria and other microorganisms consume dissolved nutrients in wastewater. SLUDGE – Untreated solid material created by the treatment of wastewater. TOTAL SUSPENDED SOLIDS (TSS) – The amount of solids floating and in suspension in wastewater. TRICKLING FILTER – A biological secondary treatment process in which bacteria and other microorganisms, growing as slime on the surface of rocks or plastic media, consume nutrients in wastewater as it trickles over them. URBAN RUNOFF – Water from city streets and domestic properties that carry pollutants into the storm drains, rivers, lakes, and oceans. WASTEWATER – Any water that enters the sanitary sewer. WATERSHED – A land area from which water drains to a particular water body. The Orange County Sanitation District’s service area is in the Santa Ana River Watershed.