HomeMy WebLinkAbout04-28-2010 Steering Committee Agenda Packet AGENDA
REGULAR MEETING OF THE STEERING COMMITTEE
ORANGE COUNTY SANITATION DISTRICT
WEDNESDAY, APRIL 28, 2010 AT 5:30 P.M.
ADMINISTRATIVE OFFICE
10844 Ellis Avenue
Fountain Valley, California 92708-7018
www.ocsd.com
DECLARATION OF QUORUM
PUBLIC COMMENTS
REPORT OF COMMITTEE CHAIR
REPORT OF GENERAL MANAGER
REPORT OF GENERAL COUNSEL
ACTION ITEMS
1. Approve minutes of the March 24, 2010 Steering Committee meeting.
2. Recommend to the Board of Directors to approve the Irvine Ranch Water District
(IRWD) (As Successor to County Sanitation District No. 14) Solids Agreement
transferring IRWD solids to the OCSD Wastewater System and reimbursing
OCSD for its costs, in a form approved by General Counsel.
INFORMATION ITEMS
3. Public Affairs Report (Gold)
April 28, 2010
CLOSED SESSION
During the course of conducting the business set forth on this agenda as a regular meeting of the Steering
Committee, the Chair may convene the Committee in closed session to consider matters of pending real
estate negotiations, pending or potential litigation, or personnel matters, pursuant to Government Code
Sections 54956.8, 54956.9, 54957 or 54957.6, as noted.
Reports relating to(a)purchase and sale of real property; (b)matters of pending or potential litigation; (c)
employment actions or negotiations with employee representatives; or which are exempt from public
disclosure under the California Public Records Act, may be reviewed by the Directors during a permitted
closed session and are not available for public inspection. At such time as final actions are taken by the
Board on any of these subjects, the minutes will reflect all required disclosures of information.
Convene in closed session, if necessary.
Reconvene in regular session
Consideration of action, if any, on matters considered in closed session.
OTHER BUSINESS AND COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS, IF ANY
ADJOURNMENT
The next Steering Committee meeting is scheduled for May 26, 2010 at 5:30 p.m.
April 28, 2010
Agenda Posting: In accordance with the requirements of California Government Code Section 54954.2,this
agenda has been posted in the main lobby of the District's Administrative offices 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 all, of the members of
District's Board,are available for public inspection in the office of the Clerk of the Board, located at 10844 Ellis
Avenue, Fountain Valley, California.
Items Not Posted: In the event any matter not listed on this agenda is proposed to be submitted to the
Committee for discussion and/or action, it will be done in compliance with Section 54954.2(b) as an
emergency item or because there is a need to take immediate action,which need came to the attention of the
Committee subsequent to the posting of agenda, or as set forth on a supplemental agenda posted in the
manner as above, not less than 72 hours prior to the meeting date.
Public Comments: Any member of the public may address the Steering Committee on specific agenda
items or matters of general interest. As determined by the Chair, speakers may be deferred until the
specific item is taken for discussion and remarks may be limited to three minutes.
Matters of interest addressed by a member of the public and not listed on this agenda cannot have action
taken by the Committee except as authorized by Section 54954.2(b).
Consent Calendar: All matters placed on the consent calendar are considered as not requiring discussion
or further explanation, and unless a particular item is requested to be removed from the consent calendar
by a Director of staff member, there will be no separate discussion of these items. All items on the
consent calendar will be enacted by one action approving all motions, and casting a unanimous ballot for
resolutions included on the consent calendar. All items removed from the consent calendar shall be
considered in the regular order of business.
The Committee Chair will determine if any items are to be deleted from the consent calendar.
Items Continued: Items may be continued from this meeting without further notice to a Committee
meeting held within five (5) days of this meeting per Government Code Section 54954.2(b)(3).
Meeting Adjournment: This meeting may be adjourned to a later time and items of business from this agenda
may be considered at the later meeting by Order of Adjournment and Notice in accordance with Government
Code Section 54955 (posted within 24 hours).
Accommodations for the Disabled: The Board of Directors Meeting Room is wheelchair accessible. If you
require any special disability related accommodations, please contact the Orange County Sanitation District
Clerk of the Board's office at(714)593-7130 at least 72 hours prior to the scheduled meeting. Requests must
specify the nature of the disability and the type of accommodation requested.
Notice to Committee Members:
For any questions on the agenda or to place any items on the agenda, Committee members should contact the
Committee Chair or Clerk of the Board ten days in advance of the Committee meeting.
Committee Chair: Doug Davert (714)318-9550
General Manager: James D. Ruth (714)593-7110
General Counsel: Brad Hogin (714)415-1006
Clerk of the Board: Penny Kyle (714)593-7130
E-mail: pkyle(c)ocsd.com
STEERING COMMITTEE Meeting Date To Bd. of Dir.
04/28/09 04/28/10
AGENDA REPORT Item Number Item Number
2
Orange County Sanitation District
FROM: James D. Ruth, General Manager
Originator: Lorenzo Tyner, Director of Finance and Administrative Services
GENERAL MANAGER'S RECOMMENDATION
Approve the Irvine Ranch Water District (IRWD) (As Successor to County Sanitation
District No. 14) Solids Agreement transferring IRWD solids to the OCSD Wastewater
System and reimbursing OCSD for its costs, in a form approved by General Counsel.
SUMMARY
IRWD collects wastewater from homes and business within its boundaries and transfers
some of the collected wastewater to the OCSD System for treatment and disposal.
IRWD also owns and operates the Michelson Water Recycling Plant ("MWRP"). The
MWRP treats the wastewater generated within IRWD's boundaries that is not
transferred to the OCSD Wastewater System, and produces reclaimed water for use
within IRWD's boundaries. The MWRP does not currently have the capability to handle,
treat, and dispose of wastewater solids residuals ("Solids"). IRWD currently transfers
Solids from the MWRP to the OCSD Wastewater Treatment for further handling,
treatment, and disposal.
IRWD has decided to construct the necessary improvements at the MWRP so that the
MWRP will be able to handle, treat, and dispose of Solids. IRWD anticipates that such
facilities will be complete as early as 2014, but not later than 2016. These new MWRP
facilities will eliminate the need for IRWD to transfer Solids to the OCSD Wastewater
System, except when the MWRP Solids processing facilities may be shut down due to
an emergency. Pending the completion of the proposed MWRP Solids handling
facilities, IRWD will need to continue discharging wastewater solids residuals to the
OCSD Wastewater System on an interim basis. This agreement sets forth the terms
and conditions by which IRWD will reimburse OCSD for the costs associated with these
activities.
PRIOR COMMITTEE/BOARD ACTION
None.
Page 1
ADDITIONAL INFORMATION
Prior OCSD/IRWD agreements establish the requirements governing IRWD's transfer of
Solids to the OCSD Wastewater System. Under these agreements, IRWD may not transfer
Solids to OCSD unless and until the transfer is approved in advance by OCSD. Prior to
approving this transfer, OCSD must consider the impacts of any proposed transfer through
engineering studies and other studies. If the studies, or subsequent experience,
demonstrate that the transfer of Solids from IRWD to the OCSD System will create
problems or require additional costs, then OCSD may place conditions on any such
transfer, establish charges for any such transfer, or prohibit transfer of Solids altogether.
IRWD has decided to construct the necessary improvements at the MWRP so that the
MWRP will be able to handle, treat, and dispose of Solids. IRWD anticipates that such
facilities will be complete as early as 2014, but not later than 2016. These new MWRP
facilities will eliminate the need for IRWD to transfer Solids to the OCSD Wastewater
System, except when the MWRP Solids processing facilities may be shut down due to an
emergency. Pending the completion of the proposed MWRP Solids handling facilities,
IRWD will need to continue discharging wastewater solids residuals to the OCSD
Wastewater System on an interim basis.
OCSD has determined that the terms and conditions governing IRWD's transfer of Solids
to the OCSD Wastewater System must be reevaluated because (1) the OCSD
Wastewater System has changed considerably since 1986; and, (2) the findings and
recommendations set forth in the Montgomery Report are significantly outdated. To that
end, the Parties jointly retained the engineering firm Carollo Engineers to determine the
equitable cost-of-service and resulting rate structure that should apply to the handling,
treatment, and disposal of Solids transferred from IRWD to the OCSD Wastewater
System until the MWRP is complete. Carollo Engineers prepared a report setting forth its
findings entitled, "IRWD/OCSD Biosolids Cost Study" (June 2009) (the "Carollo Report').
OCSD and IRWD have reviewed the Carollo Report and agree that the methodologies set
forth therein for determining the costs of handling, treating, and disposing of Solids are
equitable. This Agreement is intended to implement Section 8 of the January 1986
Agreement and Section 7 of the February 1986 Agreement by establishing the conditions
by which OCSD will allow IRWD to transfer wastewater solids residuals to the OCSD
Wastewater System during the interim period until the new MWRP Solids handling
facilities are constructed.
CEQA
N/A
Page 2
BUDGET / DELEGATION OF AUTHORITY COMPLIANCE
This request complies with authority levels of the Sanitation District's Delegation of
Authority.
Date of Approval Contract Amount Contingency
N/A N/A N/A
ATTACHMENT
N/A
Page 3
STEERING COMMITTEE Meeting Date To Bd.of Dir.
03/24/2010
AGENDA REPORT Item Number Item Number
Orange County Sanitation District
FROM: James D. Ruth, General Manager
Originator: Michael Gold, Public Affairs
GENERAL MANAGER'S RECOMMENDATION
Information only
SUMMARY
This report is the monthly Public Affairs Division update that includes legislative and political
information from Washington, D.C. and Sacramento, lobbyists' activities, and outreach
education and communication programs to member cities, employees and the public. In
addition, attached to this report is the 2010 Legislative Platform for the Committee's
consideration.
ADDITIONAL INFORMATION
Federal Legislative Update
Legislative Advocate: Eric Sapirstein, ENS Resources
With Congress returning to work on April 12, both the Democratic and Republican leadership
are prepared to tackle a number of issues to avoid being labeled as "do nothings" during this
election year. As has been widely reported, both parties enjoy record low approval ratings with
only 17 percent of the public holding a positive view on Congress overall. Adding to this view is
another poll revealing 87 percent of the public holding the view that Washington is broken.
This sentiment puts Republicans in the position of challenging the majority with hopes of
retaking Congress in the fall and Democrats pushing policies and portraying Republicans as the
party of"no" blocking any progress.
For OCSD this means there may be action on important issues such as the Water Resources
Development Act and chemical security legislation.
Fiscal Year 2011 Budget Process
As part of the congressional budget process, we submitted our funding requests on time and as
reported last month, the Republican Caucus decided not to carry any earmarks, leaving only
Democrats to carry funding requests. Fortunately, Congresswoman Sanchez will be carrying
our requests for secondary treatment funding and fuel cell power generation.
In the Senate, the picture is less clear as to where OCSD's requests stand. Senator Feinstein
has yet to post her requests for funding through EPA but Senator Boxer has posted her
requests. It appears that Senator Boxer will not be carrying any of OCSD's projects this year
because she is seeking funding for small and medium sized communities.
Form No.DW-102-1 Agenda Report—SC
Revised:01/08/07
Page 1
Senator Boxer did seek an additional $50 million for the Santa Ana Mainstem Project,
increasing the President's request from $25 million to $75 million. Should this funding be
appropriated, the U.S. Army Corps of Engineers would be in a position to continue work
aggressively on Reach 9 and address the SARI Line relocation.
What does this mean?
At the moment, the popular wisdom is that funding decisions will not be made until after the
November elections. Many feel that the Congress is waiting to see who wins in November then
fashion their spending bills accordingly.
Most believe the Republican Caucus will lift their moratorium after the election. However, the
unpredictable and the contentious congressional session marked by relentless partisan debate
means that final resolution of spending decisions might not be known until December. For the
District, this means that Representative Sanchez' requests on behalf of the District should be
considered "markers" to continue to build support for the projects from affected stakeholders.
Additionally, the District should maintain its priorities before the Republican Members of the
delegation with the expectation that once the elections occur, they will be in a position to urge
support for the Sanchez requests.
Legislative Issues
The sputtering effort to address renewal of water quality infrastructure needs began to show
signs of renewed life over the past few weeks. The renewed effort is in recognition that time is
running out to move bills.
In the Senate, Democratic leaders' decision to mandate that fiscal year 2010 SRF assistance
would be subject to prevailing wage mandates has stymied Senate floor debate on S. 1005.
While the bill to renew the SRF program increases California's share of infrastructure
assistance, it is currently on hold until the parties can reach an agreement. The House version
of this bill has already passed.
On the climate change front, the efforts to provide adaptation assistance for POTWs continue,
but some are trying to find alternatives to Senator Boxer's version of the bill. It is clear,
however, that cap-and-trade programs will not happen; instead, climate change proposals will
rely on performance standards to reduce emissions by industry. OCSD does have an
opportunity for funding assistance through these proposals and it appears likely that wastewater
treatment plants will not be subject to Federal standards or controls.
We are pleased to report that the efforts by Congress to impose additional chemical security
mandates have been avoided. We continue to work with CASA and other stakeholders to
ensure that EPA retains regulatory control and there are no duplications across Federal
agencies— ie: mandates imposed by EPA and the Department of Homeland Security.
Finally, the issue of POTW public notification of sewage overflows/spills appears to be an issue
of continuing interest to both chambers. The mandate to require notification to the public within
24 hours of a spill has been modified in the House to allow a state to assume delegation and
use existing programs for compliance thereby relieving the District from assuming a new
monitoring and notification role.
Water Resources Development Act
The effort to renew WRDA continues. The House Committee on Transportation and
Infrastructure has begun to hold hearings into the need for a WRDA reauthorization. The
Form No.DW-102-1 Agenda Report—SC
Revised:01/08/07
Page 2
District's request for clarification that SARI Line construction costs are part of the overall
project's costs appears to be noncontroversial in the House; however, the decision by
Republicans to impose a moratorium on congressional requests includes authorizations and
Representative Miller has withdrawn his request. On the Senate side, we will continue to work
with Senator Boxer, who has been supportive in the past, on addressing our SARI Line
language needs.
State Legislative Report
Legislative Advocates:
Christopher Townsend, Heather Dion and Casey Elliott, Townsend Public Affairs
Political Highlights
The Legislature returned from their spring recess the first week in April with a flurry of activity to
meet the April 23 deadline of passing bills out of committee that have a fiscal impact. During
these weeks, both houses will hear over one thousand bills.
The next big event in Sacramento will be the amount of tax revenue coming in to California now
that the April 15 deadline for taxes has passed. This amount will be used by the Governor for
the May Budget Revise, meaning budget discussions will begin in earnest. To date, the State
has received slightly more tax revenue than was projected in the Governor's January budget;
however, as of April 13, the State had only received $1.6 billion in personal income tax, which is
well below the $10.2 billion projected for April.
On the topic of the budget, the Legislature and Governor were able to reach agreement on a
few budget issues prior to the Spring Recess. Earlier this month, the Legislature passed, and
the Governor signed into law, two key tax credits that the Governor had been pushing: sales tax
exemptions for green jobs creating projects and a new homebuyers' tax credit. The Governor
believes that these two measures will provide some economic stimulus.
Once the Legislature passed the tax credits, the Governor agreed to sign a gas tax swap
measure preferred by the Legislature. The swap, which is quite complex, removes the sales tax
on gasoline and replaces it with an excise tax. With the gas tax swap in place, the State's
Proposition 98 funding guarantee to education is reduced by $1.1 billion, freeing up that amount
for other General Fund uses.
It is possible that the Legislature and Governor will try and work together to come up with
additional budget cuts that can be implemented in the current year; however, as mentioned
above, the Legislature has begun to shift its focus away from the budget and on to policy related
issues.
Activities for the Month:
( TPA is working with OCSD staff on monitoring and analyzing a number of individual
policy deals that could potentially impact OCSD, these include but are not limited to:
o AB 2256 (Huffman) - The bill's current provisions are modeled after environment
labeling standards (i.e. "green product" labels); however, that is likely to change
as the bill moves forward. There are currently no Federal standards for
Form No.DW-102-1 Agenda Report—SC
Revised:01/08/07
Page 3
flushability, nor has any State adopted a statute or regulation establishing
standards, so this measure is the first of its kind in the nation.
The author introduced the measure because of clogging issues that Marin
Sanitation was experiencing. In addition to working with CASA, sanitation
agencies, and local governments, Huffman's office has been meeting with
representatives of the product manufacturers (Procter & Gamble, Clorox,
Kimberly Clark, etc). So far industry has not opposed the bill, but they will likely
weigh in with significant concerns.
One idea being pursued by Huffman's staff is to codify standards suggested in a
report issued by INDA (a national association of non-woven fabric
manufacturers) in 2008. There has been some resistance to this idea from
INDA, as they feel there may be amendments to the report and would prefer a
non-codified solution.
The bill is currently in the Assembly Business and Professions committee, but it
has not been set for hearing yet (must be heard by the policy bill deadline of April
23rd). At this point, the committee has not raised any concerns about the bill and
Huffman's staff is cautiously optimistic that the measure will move out of
committee when it is heard.
( TPA continues to work with District staff on the Integrated Regional Water Management
Process (IRWM) for the upcoming concept proposal submission deadline through the
Santa Ana Watershed Project Authority on June 30, 2010.
Attached is TPA's legislative matrix of bills.
Public Affairs Report
On April 15, OCSD participated in Huntington Beach's Youth in Government Day. Six high
school students from Huntington Beach and Marina High Schools toured OCSD facilities and
learned about the District. This was our first time participating in the program.
Since January, OCSD has given 43 tours to 691 people. Of the 43 tours, 72 percent are
students from college, high school, and middle school. OCSD continues to be a destination for
science students because much of what we teach is on the AP Environmental Science test and
we are informative, free destination for our local schools.
Look for a new employee retiree display in the Board Room. Staff is finalizing a new display
that will list all employees that have retired from OCSD since the 1960s. This new display will
replace the aged wood plaque that was in the lobby and will be more modular so it can be
updated annually. The new display will include all employees that have retired through the end
of this month.
Form No.DW-102-1 Agenda Report—SC
Revised:01/08/07
Page 4
OCSD Legislative Matrix
4/14/2010
AB 1727 (Gilmore R) Water quality: mandatory minimum civil penalties.
Current Text: Introduced: 2/3/2010 odf htmi
Introduced: 2/3/2010
Location: 2/3/2010-A. PRINT
2Year Desk Policy Fi cs al Floor I Desk Policy Fiscal Floor Conf. r�r�
Chaptered
Dead 1st House 2nd House Conc.
Summary: Under existing law, the State Water Resources Control Board and the California regional
water quality control boards prescribe waste discharge requirements in accordance with the federal
Clean Water Act and the Porter-Cologne Water Quality Control Act (state act). The state act, with
certain exceptions, imposes a mandatory minimum penalty of $3,000 for each serious waste discharge
violation or for certain other described violations if those violations occur 4 or more times in any period
of 6 consecutive months, as prescribed. Civil liability may be imposed administratively by the state
board or a regional board or those boards may request the Attorney General to petition the superior
court to impose the liability. This bill would make technical, nonsubstantive changes to that provision.
Position
AB 1728 (Gilmore R) Mandatory minimum civil penalties: automatic composite sampler.
Current Text: Amended: 3/18/2010 odf htmi
Introduced: 2/3/2010
Last Amend: 3/18/2010
Location: 3/22/2010-A. E.S. &T.M.
2Year Desk Polic Fiscal Floor Desk Policy Fiscal I Floor Conf. Chaptered
Dead ist House 2nd House Conc. Enrolled Vetoed
Summary: Under existing law, the State Water Resources Control Board and the California regional
water quality control boards prescribe waste discharge requirements in accordance with the federal
Clean Water Act and the Porter-Cologne Water Quality Control Act (state act). The state act, with
certain exceptions, imposes a mandatory minimum penalty of $3,000 for each serious waste discharge
violation or for certain other described violations if those violations occur 4 or more times in any period
of 6 consecutive months. This bill would provide a publicly owned treatment works with the option of
using an automatic composite sampler, in lieu of grab samples, to collect representative samples for
monitoring constituents that are subject to the mandatory minimum penalties.
Position
AB 1834 (Solorio D) Rainwater Capture Act of 2010.
Current Text: Amended: 3/25/2010 odf html
Introduced: 2/12/2010
Last Amend: 3/25/2010
Location: 4/13/2010-A. APPR.
2Year Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf. Enrolled Vetoed Chaptered
Dead 1st House 2nd House Conc.
Summary: Under existing law, the State Water Resources Control Board and the California regional
water quality control boards prescribe waste discharge requirements for the discharge of stormwater
in accordance with the national pollutant discharge elimination system (NPDES) permit program and
the Porter-Cologne Water Quality Control Act. Existing law authorizes a regional water management
group, as defined, to adopt an integrated regional water management plan that addresses specified
matters. Existing law authorizes a city, county, or special district to develop, jointly or individually,
stormwater resource plans that meet certain standards. This bill would enact the Rainwater Capture
Act of 2010, which would authorize a landowner to install, maintain, and operate, on the landowner's
property, a rainwater capture system meeting specified requirements. The bill would require the State
Water Resources Control Board to initiate a stakeholder process to develop guidelines for local
agencies to address issues arising out of rainwater capture for nonpotable uses, and would require
the board to submit recommendations as to the appropriate guidelines to the Legislature and the
Governor by December 31, 2011.
Position
AB 2107 (Fuller R) State Water Pollution Control Revolving Fund.
Current Text: Introduced: 2/18/2010 pdf html
Introduced: 2/18/2010
Location: 2/18/2010-A. PRINT
2Year Desk Policy Fiscal Floor I Desk Policy FFiscal I Floor Conf. Enrolled Vetoed Chaptered
Dead 1st House I 2nd House Conc.
Summary: Existing law continuously appropriates state and federal funds in the State Water Pollution
Control Revolving Fund to the State Water Resources Control Board for loans and other financial
assistance for the construction of publicly owned treatment works by a municipality and other eligible
projects in accordance with the federal Clean Water Act. This bill would make technical,
nonsubstantive changes to the provision that establishes the fund.
Position
AB 2108 (Fuller R) State Water Pollution Control Revolving Fund Small Community Grant Fund.
Current Text: Introduced: 2/18/2010 pdf html
Introduced: 2/18/2010
Location: 2/18/2010-A. PRINT
2Year Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf. Enrolled Vetoed Chaptered
Dead 1st House I 2nd House Conc.
Summary: Existing law establishes the State Water Pollution Control Revolving Fund Small Community
Grant Fund in the State Treasury. Moneys in the fund, upon appropriation by the Legislature to the
State Water Resources Control Board, may be expended for grant for specified water quality projects
that serve small communities with priority given to projects that serve severely disadvantaged
communities. Existing law defines "small communities" to include a municipality with a population of
20,000 persons or fewer, with a financial hardship, as determined by the state board. This bill would
make a technical, nonsubstantive change to that provision.
Position
AB 2163 (Mendoza D) Forest practices: timber harvesting plans.
Current Text: Amended: 4/12/2010 odf htmi
Introduced: 2/18/2010
Last Amend: 4/12/2010
Location: 4/13/2010-A. NAT. RES.
2Year Desk Polic FiscalFloorDesk Policy Fiscal Floor-1-1 Conf. roHWrjoW� Chaptered
Dead 1st House I 2nd House Conc.
Calendar: 4/19/2010 1:30 p.m. - State Capitol, Room 447 ASSEMBLY NATURAL
RESOURCES, CHESBRO, Chair
Summary: (1) The Z'Berg-Nejedly Forest Practice Act of 1973 prohibits a person from conducting
timber operations, as defined, unless a timber harvesting plan prepared by a registered professional
forester has been submitted to the Department of Forestry and Fire Protection, and approved. The act
provides that a timber harvesting plan is effective for a period of not more than 3 years, unless
extended as specified. This bill would, in addition, allow up to a maximum of 4 one-year extensions
under those same conditions for a plan that was extended in 2008 or 2009 . This bill contains other
related provisions and other existing laws.
Position
AB 2256 (Huffman D) Product labeling: flushable products.
Current Text: Amended: 4/12/2010 odf html
Introduced: 2/18/2010
Last Amend: 4/12/2010
Location: 3/11/2010-A. B. &P.
2Year Desk Polic Fiscal Floor Desk Policy Fiscal Floor Conf. Enrolled Vetoed Chaptered
Dead 1st House I 2nd House Conc.
Calendar: 4/20/2010 9 a.m. - State Capitol, Room 447 ASSEMBLY BUSINESS, PROFESSIONS AND
CONSUMER PROTECTION, HAYASHI, Chair
Summary: Existing law regulates the labeling requirements on various consumer products. This bill
would prohibit, on or after January 1, 2012, a person from packaging or labeling a consumer product
for distribution or sale in California if that product is contained in a package, or has an affixed label,
that states that the product is flushable, sewer and septic safe, or other like term or phrase unless
the product meets specified criteria. The bill would require a person who has packaged or labeled a
product for distribution or sale in California that is labeled as flushable, sewer and septic safe, or
other like term or phrase, to maintain, in written form, documentation of the testing substantiating the
validity of the claim. The bill would exempt certain retailers and wholesalers from these provisions. The
bill would make violation of this provision punishable by a fine of up to $2,500.
Position
Support
AB 2595 (Huffman D) Irrigated agriculture: pesticide use: operator identification number: water quality:
waste discharge requirements: waivers.
Current Text: Amended: 4/8/2010 ndf htmi
Introduced: 2/19/2010
Last Amend: 4/8/2010
Location: 4/13/2010-A. AGRI.
2Year Desk P-o—5_cv1 Fiscal Floor FDeskFPolicy FF7iscal Floor Fconf. FEnrolled Vetoed Fchaptered
Dead 1st House 2nd House Conc.
Summary: Existing law regulates pesticide use, as specified, and provides that a pesticide use report
shall be submitted to the county agricultural commissioner or the Director of Pesticide Regulation, as
specified, for use in the setting of priorities for, among other things, pesticide use enforcement and
pest control research, environmental monitoring, and public health monitoring and research. Existing
regulations provide that prior to the purchase or use of pesticides for the production of an agricultural
commodity, the operator of the property, or the operator's authorized representative, shall obtain an
operator identification number for pesticide use from the county agricultural commissioner of each
county where pest control work will be performed. This bill would codify requirement and would
provide, with a specified exception, that, on and after January 1, 2012, as a condition of issuing an
operator identification number for pesticide use, the county agricultural commissioner shall verify that
the operator has been issued either waste discharge requirements or a waiver, as specified. By
imposing new requirements on county agricultural commissioners, this bill would impose a state-
mandated local program. This bill contains other related provisions and other existing laws.
Position
SB 565 (Pavlev D) Water resources.
Current Text: Amended: 2/1/2010 ndf htmi
Introduced: 2/27/2009
Last Amend: 2/1/2010
Location: 2/1/2010-A. W.,P. & W.
2Year [Rlskl Policyl Fiscal I Floorl Desk Polic Fiscal Floor Conf. Enrolled Vetoed Chaptered
Dead 1st House I 2nd House I Conc.
Summary: Existing law generally prohibits the state, or a county, city, district, or other political
subdivision, or any public officer or body acting in its official capacity on behalf of any of those entities,
from being required to pay any fee for the performance of an official service. Existing law exempts from
this provision any fee or charge for official services required pursuant to specified provisions of law
relating to water use or water quality. This bill would expand the exemption to other provisions
relating to water use, including provisions that require the payment of fees to the State Water
Resources Control Board (board) for official services relating to statements of water diversion and use.
This bill contains other related provisions and other existing laws.
Position
Watch to
Oppose, if not
Amended
SB 696 (Wri ht D) South Coast Air Quality Management District: CEQA: permits.
Current Text: Amended: 9/1/2009 odf htmi
Introduced: 2/27/2009
Last Amend: 9/1/2009
Location: 9/2/2009-A. DESK
2Year[R!!skl Policy I Fiscal Floor Desk Policy Fiscal Floor Fonf.Dead 1st House 2nd House
Summary: The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to
prepare, or cause to be prepared, and certify the completion of, an environmental impact report (EIR)
on a project that it proposes to carry out or approve that may have a significant effect on the
environment or to adopt a negative declaration if it finds that the project will not have that effect.
CEQA also 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 exempts certain specified projects from its requirements. This bill would
authorize the district to issue permits under specified circumstances, notwithstanding this court
decision. The provisions of the bill would be repealed on May 1, 2012. This bill contains other related
provisions and other existing laws.
Position
Support
SB 918 (Pavlev D) Water recycling.
Current Text: Amended: 4/12/2010 odf html
Introduced: 2/1/2010
Last Amend: 4/12/2010
Location: 4/12/2010-S. E.Q.
2Year Des k Polic Fiscal I Floor Desk Policy Fiscal I Floor Conf. Enrolled Vetoed Chaptered
Dead ist House 2nd House Conc.
Calendar: 4/19/2010 Upon adjournment of session - Room 112 SENATE ENVIRONMENTAL
QUALITY, SIMITIAN, Chairman
Summary: Existing law establishes the State Water Resources Control Board and the California
regional water quality control boards as the principal state agencies with authority over matters
relating to water quality. Existing law requires the State Department of Public Health to establish
uniform statewide recycling criteria for each varying type of use for recycled water where the use
involves the protection of public health. This bill would require the State Department of Public Health
to adopt uniform water recycling criteria for indirect potable water reuse for groundwater recharge, as
defined, by December 31, 2013 , and develop and adopt uniform water recycling criteria for indirect
potable reuse through reservoir augmentation, as defined, by December 31, 2016. The bill would
require the department to investigate the feasibility of developing uniform water recycling criteria for
direct potable reuse and to provide a final report on that investigation to the Legislature by December
31, 2016 . The bill, from July 1, 2011, to June 30, 2017, inclusive, would require funds generated by
the imposition of specified liabilities for violations of water quality requirements to be made available,
upon appropriation by the Legislature, to the department for purposes of developing and adopting
the water recycling criteria , in accordance with a specified schedule .
Position
SB 1107 (Kehoe D) Water quality: interceptor and trap grease.
Current Text: Amended: 4/8/2010 odf htmi
Introduced: 2/17/2010
Last Amend: 4/8/2010
Location: 4/8/2010-S. E.Q.
2Year Desk Polic Fiscal Floor Desk Policy Fiscal I Floor Conf. Enrolled Vetoed Chaptered
Dead ist House 2nd House Conc.
Calendar: 4/19/2010 Upon adjournment of session - Room 112 SENATE ENVIRONMENTAL
QUALITY, SIMITIAN, Chairman
Summary: Existing law regulates the transportation of inedible kitchen grease and requires the
transporters of inedible kitchen grease to be registered and to pay specified fees. The State Water
Resources Control Board is among the principal state agencies with authority relating to water quality.
This bill would enact the Interceptor and Trap Grease Transportation Act of 2010. The bill, on and after
January 1, 2012, would prohibit any person or entity from engaging in the transportation of
interceptor and trap grease, unless that person or entity is registered with, and possesses a valid
registration certificate issued by, the state board. The bill would require the state board to impose a
registration fee sufficient to cover the costs of implementing the act. The bill would require the state
board to deposit all revenues from the registration fee in the Interceptor and Trap Grease Fund, which
the bill would establish. The bill would authorize the board to expend moneys in the fund to implement
the act, subject to appropriation for that purpose. The bill would define "interceptor and trap grease"
to mean grease that is principally derived from food preparation, processing, or waste, and that is
removed from a grease trap or grease interceptor.
Position
SB 1173 (Wolk D) Recycled water.
Current Text: Amended: 3/24/2010 odf html
Introduced: 2/18/2010
Last Amend: 3/24/2010
Location: 3/24/2010-S. E.Q.
2Year Desk Polic Fiscal Flo ro Desk Policy Fiscal I Floor Conf. Enrolled Vetoed Chaptered
Dead 1st House 2nd House Conc.
Calendar: 4/19/2010 Upon adjournment of session - Room 112 SENATE ENVIRONMENTAL
QUALITY, SIMITIAN, Chairman
Summary: The Porter-Cologne Water Quality Control Act establishes a statewide program for the
control of the quality of all the waters in the state. This bill would define raw water for purposes of the
act. This bill contains other related provisions and other existing laws.
Position
SB 1219 (Walters R) Contractual assessments.
Current Text: Introduced: 2/18/2010 odf html
Introduced: 2/18/2010
Location: 3/4/2010-S. L. GOV.
2Year Desk PolicyFiscal I Floor Desk Policy Fiscal Floor Conf. Enrolled Vetoed Chaptered
Dead 1st House 2nd House Conc.
Summary: Existing law authorizes a legislative body of any public agency to determine that it would
be convenient and advantageous to designate an area within which authorized officials and free and
willing property owners may enter into contractual assessments to finance specified improvements to
real property. Existing law requires a legislative body that undertakes to establish and administer a
program of contractual assessments to comply with specified procedures, including, but not limited to,
providing specified notice to all water and electric providers within the boundaries of the area within
which contractual assessments may be entered. This bill would require a legislative body to
additionally give specified notice to all sewer providers within the boundaries of the area within which
contractual assessments may be entered.
Position
Total Measures: 14
Total Tracking Forms: 14