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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