HomeMy WebLinkAbout02-23-2011 Steering Committee Agenda Packet Orange County Sanitation District `AIfI Wednesday,February 23, 2011
Regular Meeting of the r 5:00 P.M.
Steering Committee R Administration Building
Conference Rooms A & B
10844 Ellis Avenue
Fountain Valley, CA
(714) 593-7130
AGENDA
DECLARATION OF QUORUM:
PUBLIC COMMENTS: If you wish to speak,please complete a Speaker's Form and give it to the Clerk
of the Board. Speakers are requested to limit comments to three minutes.
REPORTS: The Committee Chair and the General Manager may present verbal reports on miscellaneous
matters of general interest to the Directors. These reports are for information only and require no action by the
Directors.
CONSENT CALENDAR:
1. Approve Minutes of the January 26, 2011 Steering Committee meeting.
ACTION ITEMS:
2. Adopt the 2011 Legislative Platform and Goals.
INFORMATION ITEMS:
3. Public Affairs Report (Gold)
02/23/11 Steering Committee Agenda Page 1 of 4
CLOSED SESSION:
During the course of conducting the business set forth on this agenda as a regular meeting of the Board,
the Chair may convene the Board 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 54957.61 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 Board during a permitted
closed session and are not available for public inspection. At such time as the Board takes final action on
any of these subjects, the minutes will reflect all required disclosures of information.
Convene in closed session.
(1) CONFER WITH DISTRICT NEGOTIATORS
(Government Code Section 54954.5(o)
( Agency Designated Representatives: James D. Ruth, General Manager; Robert
Ghirelli, Assistant General Manager; Jim Herberg, Assistant General Manager,
Jeff Reed, Director of Human Resources; and, Richard Spencer, Human
Resources Supervisor.
( Employee Organizations: International Union of Operating Engineers, Local 501
and Orange County Employees Association (OCEA)
(2) CONFERENCE WITH LEGAL COUNSEL RE. ANTICIPATED LITIGATION
(Government Code Section 54956.9(b))
Significant Exposure to Litigation and Potential Initiation of Litigation
Number of Potential Cases: 3
a) EnerTech Rialto Facility Contract
b) Newport Trunk Sewer, Project 5-58
c) Claim from Kiewit Infrastructure West re. New Secondary Treatment
System at Plant No. 1, Project P1-102
(3) CONFERENCE WITH LEGAL COUNSEL RE. EXISTING LITIGATION
(Government Code Section 54956.9(a))
Case: Nguyen v. Orange County Sanitation District, Orange County
Superior Court, Case No. 30-2008-00115222
(4) CONFERENCE WITH LEGAL COUNSEL RE. INITIATION OF LITIGATION
(Government Code Section 54956.9(c))
Number of Potential Cases: 1
Capital Facilities Capacity Charges for School Districts
Reconvene in regular session.
02/23/11 Steering Committee Agenda Page 2 of 4
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 Wednesday, March 23, 2011, at
5:00 p.m.
02/23/11 Steering Committee Agenda Page 3 of 4
Accommodations for the Disabled: Meeting Rooms are wheelchair accessible. If you require any special disability
related accommodations, please contact the Orange County Sanitation District Clerk of the Board's office at(714)593-
7130 at least 72 hours prior to the scheduled meeting. Requests must specify the nature of the disability and the type of
accommodation requested.
Agenda Posting: In accordance with the requirements of California Government Code Section 54954.2,this agenda has
been posted outside the main gate of the Sanitation District's Administration Building located at 10844 Ellis Avenue,
Fountain Valley,California,not less than 72 hours prior to the meeting date and time above. All public records relating to
each agenda item,including any public records distributed less than 72 hours prior to the meeting to all,or a majority of
the Board of Directors, are available for public inspection in the office of the Clerk of the Board.
NOTICE TO DIRECTORS: To place items on the agenda for the Committee Meeting, items must be submitted to the
Clerk of the Board 14 days before the meeting.
Clerk of the Board, Donna Terrones
(714)593-7130
dterrones ocsd.com
02/23/11 Steering Committee Agenda Page 4 of 4
STEERING COMMITTEE Meeting Date To Bd. of Dir.
02/23/11 02/23/11
AGENDA REPORT Item Number Item Number
2
Orange County Sanitation District
FROM: James D. Ruth, General Manager
Originator: Michael Gold, Public Affairs Manager
SUBJECT: 2011 Legislative Platform and Goals
GENERAL MANAGER'S RECOMMENDATION
Adopt the 2011 Legislative Platform and Goals
SUMMARY
Last month, at the workshop with the Steering Committee and lobbyists, staff presented
the draft 2011 Legislative Platform and the group discussed goals for the coming year.
These goals provide staff and lobbyists with direction in both policy and funding areas at
the state and federal levels.
PRIOR COMMITTEE/BOARD ACTIONS
Legislative Platform adopted by the Board of Directors, February 2010.
ADDITIONAL INFORMATION
The Legislative Platform guides staff's day-to-day decisions on bills and policy issues
and allows staff to act quickly on important matters. Each year, staff works with the
Steering Committee to develop goals and priorities for the legislative program and, if
needed, modify the policy statements.
This year, there are no proposed changes to the Legislative Platform other than an
update of the goals based on last month's workshop. Based on the Committee's input,
staff has developed the following goals:
State Priorities
( Aggressively fight against Sacramento taking $60 million from OCSD's property
tax revenues by:
o Meeting with Legislators and their staff to make them aware of the impact
such a take would have on our ability to serve the 2.5 million users of our
system.
o Developing fact sheets and other educational materials to explain how we
use property tax revenues to support our mission.
o Working with advocacy groups and trade association partners, such as
CASA and CSDA on legislative strategies, specific bills and building
coalitions to protect enterprise district revenues.
o Ensuring that property tax revenues passed through redevelopment
agencies to OCSD remain intact.
Page 1 of 3
State Priorities (cont'd)
( Build relationships with Sacramento legislators by:
o Scheduling tours of our facilities and issue briefings.
o Arranging briefings in Sacramento and in legislators' district offices.
o Providing briefing materials and position papers in advance of key votes.
This year, in addition to meeting with members of the entire Orange
County delegation, we will focus special attention on new members of the
Assembly:
• Curt Hagman (R-60tn)
• Alan Mansoor (R-68tn)
• Chris Norby (R-72nd)
• Don Wagner (R-70t")
( This year we will work with sister agencies, trade associations, and our lobbyists
to aggressively pursue legislative and regulatory changes that would lower the
cost of OCSD doing business. These include:
o Relaxed rules on converting biosolids to energy.
o Changing the income rules for serving on the State and Regional Water
Boards to create a larger pool of eligible candidates.
o Curtailing bans on land application of biosolids.
o Greater flexibility for water recycling projects and chemical usage, based
on sound science.
o Increased flexibility for air emissions regulations, particularly related to the
use of biogas and biosolids to energy.
Federal Priorities
( In support of future project funding, OCSD will request a $35 million authorization
that will help us access future funds for clean water infrastructure. These funds
will be used for:
o Infrastructure replacement and rehabilitation
o Energy efficiency upgrades
o Plant improvements to improve water quality
o Alternative and innovative treatment technologies
o Projects in support of GWRS
( To expedite the relocation of the SARI Line and ensure OCSD is repaid our $60
million loan to the County of Orange, we will work cooperatively with the County
of Orange to ensure adequate funding is appropriated to complete the Santa
Ana Mainstem Project in a timely manner. In addition, OCSD staff will work with
County staff, the Army Corps of Engineers, and Congressman Gary Miller's office
to provide regular updates on project status.
Page 2 of 3
Federal Priorities (cont'd)
( As Congress discusses the reauthorization of the Clean Water Act, OCSD will
work with CASA and our lobbyist to address the regulatory issues identified
above, and also:
o Changing the income rule that disqualifies many otherwise qualified
individuals from serving on the State and Regional Water Quality Control
Boards
o Modifying the SRF loan program to provide infrastructure grants and
equitable funding for urban and rural agencies so OCSD can compete for
these funds.
Grants
( Work with Congress, the Department of Energy and the private sector seeking
funds for alternative fuel and energy-related projects with the goal of reducing
OCSD's capital outlays . Projects may include:
o FOG to biodiesel production
o Expanding fuel cell/hydrogen energy facilities
o Digester gas to energy projects
( Seek grant opportunities, including round 2 of the Integrated Regional Water
Management Funds and regularly report to the Steering Committee on grant
efforts.
Staff is requesting that the Steering Committee adopt the 2010 Legislative Platform.
CEQA
N/A
BUDGET / DELEGATION OF AUTHORITY COMPLIANCE
N/A
ATTACHMENTS
2011 Legislative Platform and Goals
Page 3 of 3
Orange County Sanitation District
2011 Legislative
Platform and Goals
Legislative Updates
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Orange County Sanitation District
2011 Legislative Platform
Legislative Affairs Team
OCSD Staff
Michael Gold Ph: (714) 593-7529 mgold@ocsd.com
Public Affairs Manager Cell: (714) 263-5541
Robert Ghirelli (714) 593-7400 rghirelli@ocsd.com
Assistant General Manager
James D. Ruth (714) 593-7110 jruth@ocsd.som
General Manager
Federal Lobbying Team
Eric Sapirstein (202)466-3755 esap@
ENS Resources ensresources.com
Sacramento Lobbying Team
Townsend Public Affairs
Christopher Townsend (949) 399-9050 ctownsend@
TownsendPA.com
Heather Dion-Stratman (949) 399-9050 hdion@
TownsencIPA.com
2
Originally Adopted December,2005
Revised February, 2011
Orange County Sanitation District
2011 Legislative Platform
Introduction
The Orange County Sanitation District (OCSD) recognizes the need for an active State and Federal
legislative advocacy program to ensure the interests of the ratepayer and Board of Directors are
protected.Towards that end, the legislative affairs team monitors activities in Sacramento and
Washington, D.C. and takes appropriate action in support or opposition of legislative initiatives.
Each year,the Board of Directors adopts a Legislative Platform, which is a summary of goals, key issues
and OCSD's policy position. The following legislative policies have been developed by OCSD staff and
legislative advocates in consideration of OCSD service area cities' 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 Platform is a dynamic document, adopted annually and changing to the
needs of the Board.
The legislative affairs team, in conjunction with the Board, may take appropriate action consistent with
the Legislative Platform, including, but not limited to, drafting letters, lobbying legislators and staff and
crafting bills.
Procedure for Taking Positions on Bills
1. Staff will track bills of greatest interest to the District, particularly those that fall within the goals
and objectives identified by the Board of Directors. Staff will monitor bills being watched by
similar agencies in Orange County(OCWD, MWDOC, etc.) as well as State Agencies such as
California Association of Sanitation Agencies (CASA),the California Special Districts Association
(CSDA) and the Association of California Water Agencies (ACWA).
2. For those bills that are being tracked where there is clear policy direction stated in the Board-
adopted Legislative Platform or adopted goals, staff can send letters and give direction to the
lobbyists to advocate that position.
3. Where a particular issue is not urgent, all legislative letters will be hand-signed by the Chair or
Vice-Chair. If a matter is urgent, staff may use the signature stamp, so long as a clear policy
direction exists.
4. A summary of bills being tracked will be presented to the Steering Committee monthly.
5. When a bill does not fall within the scope of the Legislative Platform or is a politically
controversial issue, staff will seek direction from the Steering Committee.
6. If a bill does not fall within the scope of the Legislative Platform, but the California Association of
Sanitary 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 Steering Committee of such action at the next regularly scheduled
meeting.
3
Originally Adopted December,2005
Revised February, 2011
Orange County Sanitation District
2011 Legislative Platform
State and Federal Legislative Goals for 2011
State Priorities
( Aggressively fight against Sacramento taking$60 million from OCSD's property tax revenues by:
o Meeting with Legislators and their staff to make them aware of the impact such a take
would have on our ability to serve the 2.5 million users of our system.
o Developing fact sheets and other educational materials to explain how we use property
tax revenues to support our mission.
o Working with advocacy groups and trade association partners, such as CASA and CSDA
on legislative strategies, specific bills and building coalitions to protect enterprise district
revenues.
o Ensuring that property tax revenues passed through redevelopment agencies to OCSD
remain intact.
( Build relationships with Sacramento legislators by
o Scheduling tours of our facilities and issue briefings.
o Arranging briefings in Sacramento and in legislators' district offices .
o Providing briefing materials and position papers in advance of key votes. This year, in
addition to meeting with members of the entire Orange County delegation, we will
focus special attention on new members of the Assembly:
• Curt Hagman (R-601h)
• Alan Mansoor(R-681h)
• Chris Norby (R-72nd)
• Don Wagner(R-70tn)
( This year we will work with sister agencies,trade associations, and our lobbyists to aggressively
pursue legislative and regulatory changes that would lower the cost of OCSD doing business.
These include:
o Relaxed rules on converting biosolids to energy.
o Changing the income rules for serving on the State and Regional Water Boards to create
a larger pool of eligible candidates.
o Curtailing bans on land application of biosolids.
o Greater flexibility for water recycling projects and chemical usage, based on sound
science.
o Increased flexibility for air emissions regulations, particularly related to the use of biogas
and biosolids to energy.
Federal Priorities
( In support of future project funding, OCSD will request a $35 million authorization that will help
us access future funds for clean water infrastructure.These funds will be used for:
o Infrastructure replacement and rehabilitation
o Energy efficiency upgrades
o plant improvements to improve water quality and
o Alternative and innovative treatment technologies
o Projects in support of GWRS
4
Originally Adopted December,2005
Revised February, 2011
Orange County Sanitation District
2011 Legislative Platform
( To expedite the relocation of the SARI line and ensure OCSD is repaid our$60 million loan to the
County of Orange,we will work cooperatively with the County of Orange to ensure adequate
funding is appropriated to complete the Santa Ana Mainstem Project in a timely manner. In
addition, OCSD staff will work with County staff,the Army Corps of Engineers, and Congressman
Gary Miller's office to provide regular updates on project status.
( As Congress discusses the reauthorization of the Clean Water Act, OCSD will work with CASA and
our lobbyist to address the regulatory issues identified above, and also:
o Changing the income rule that disqualifies many otherwise qualified individuals from
serving on the State and Regional Water Quality Control Boards.
o Modifying the SRF loan program to provide infrastructure grants and equitable funding
for urban and rural agencies so OCSD can compete for these funds.
Grants
( Work with Congress,the Department of Energy and the private sector seeking funds for
alternative fuel and energy-related projects with the goal of reducing OCSD's capital outlays.
Projects may include:
o FOG to biodiesel production
o Expanding fuel cell/hydrogen energy facilities
o Digester gas to energy projects
( Seek grant opportunities, including round 2 of the Integrated Regional Water Management
Funds and regularly report to the Steering Committee on grant efforts.
5
Originally Adopted December,2005
Revised February, 2011
Orange County Sanitation District
2011 Legislative Platform
Federal and State Legislative Policies
1. Air Quality: OCSD is committed to complying with federal, state, and local air quality laws and
rules. OCSD is further committed to establishing an odor policy to assure that the district is a
good neighbor to the surrounding communities.
a. Support air quality legislation that emphasizes the use of advance technologies and
applicable market incentives, and incentives for the use of alternative fuels and the
development of the infrastructure for alternative fuel vehicles.
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 to ensure greater consistency between the California and Federal
Clean Air Acts; including the need to demonstrate cost-effective public health or
environmental benefit if California elects to exceed federal standards.
d. Support strategies that clearly demonstrate and provide for the most cost-effective
means for meeting air quality goals.
e. Support, in concept, legislation that would utilize incentives and pricing strategies as a
preferred alternative to traditional command and control regulations for meeting
emission reduction objectives for all sources.
f. Oppose actions that preclude implementation of the Air Quality Management Plan
(AQMP)to the extent that such actions could subject the basin to sanction or
conformity penalties.
2. Biosolids: OCSD strives to beneficially use biosolids through multiple management options
performed at reasonable costs that are protective of public health and the environment.
a. Support legislation that supports the use of biosolids as on non-food production
agricultural lands.
b. Support policies that encourage biosolids product use by horticulture and retail
consumers.
c. Oppose legislation that bans the use of biosolids for land application in any region,
county, or state.
d. Support science-based legislation that establishes a state-wide regulatory system for
biosolids management.
6
Originally Adopted December,2005
Revised February, 2011
Orange County Sanitation District
2011 Legislative Platform
3. Grant Funding: OCSD is committed to offsetting its research, special projects and wastewater
infrastructure project and construction costs by obtaining funding through grants and
cooperative agreements.
a. Support appropriations 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, water conservation, and water recycling.
b. Support projects that provide for public benefit, over projects that are primarily
intended for private benefit or gain.
c. Support continued federal funding for protecting and realigning the Santa Ana River
Interceptor project and for secondary treatment upgrades.
d. Oppose proposals placing further requirements on grant recipients that return low value
for high administrative costs.
4. Labor Relations:OCSD is committed to the exercise of and provision of orderly procedures for
the administration of 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.
a. Support measures to reform current workers compensation formulas to rely on higher
thresholds for compensation or 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
Originally Adopted December,2005
Revised February, 2011
Orange County Sanitation District
2011 Legislative Platform
5. 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.
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.
6. 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 through the construction and implementation of
advanced wastewater treatment technology.
7. 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 sewerage collection systems.
b. Support legislation that allows public agencies to procure goods and services in manners
similar to private industry,thereby reducing overall costs of delivery.
c. Support legislation that improves 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.
8
Originally Adopted December,2005
Revised February, 2011
Orange County Sanitation District
2011 Legislative Platform
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 weak 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 that allows OCSD to utilize the Best Value Design/Build option for the
construction of public works projects.
8. 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 and 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 allow state retention of existing local revenue sources, 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.
9. Special Districts: OCSD supports the maintenance of special districts to provide specific services,
in response 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 and
operations.
d. Oppose measures that create or grant powers to sub-regional or regional bodies that
would result in an infringement on clearly local concerns.
9
Originally Adopted December,2005
Revised February, 2011
Orange County Sanitation District
2011 Legislative Platform
e. Oppose any administrative or legislative efforts to access or transfer any reserve funds
held by water and wastewater districts.
f. Oppose the imposition of unfunded, mandated programs on local governments.
10. 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 continued federal and state funding for the Santa Ana River Interceptor
Relocation project.
b. Support (generally) measures to increase water supply and improve water quality in the
region.
c. 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 recycling.
d. Support U.S. Army Corps of Engineers projects for Orange County regarding watershed
and water quality protection and sand replenishment.
e. Support measures that promote and provide for the use of reclaimed water.
f. Support "watershed-based" solutions, including cost-shared studies with the US Army
Corps of Engineers of water quality impairments that reflect state-of-the-art science.
g. Support policy development,funding, and research for addressing urban runoff and
beach closures, including funding for studies that identify the sources of bacterial,viral
and other contaminants and human pathogens.
h. Support measures to evaluate water quality standards, as needed,to ensure the
objectives are appropriately protecting the designated use.
i. Support measures to develop a state-wide consistent policy for total maximum daily
load (TMDL) listing and delisting.
j. Support State General Fund subventions and Bond revenue to special districts for local
and regional efforts that educate the public on urban runoff, which provide for long-
term capital improvements (like storm drain diversions and filters), and encourage
municipalities to implement Urban Runoff Best Management Practices at the local level.
k. Support legislation that would retain any Regional Board fines levied against a permit
violator within the Region of the fine.
I. Support legislation that provides "amnesty"from administrative civil liability(ACL)fines
from Regional Boards for agencies participating in comprehensive watershed studies
that will, when complete, address the problem that resulted in the ACL fine.
m. Support efforts, including legislation, clarifying that Regional Water Quality Control
Board rules that require spending funds are unfunded mandates.
n. Support measures addressing non-point source pollution in order to protect our ocean
water quality and provide funding to mitigate its effects.
o. Support measures for alternative energy sources.
10
Originally Adopted December,2005
Revised February, 2011
Orange County Sanitation District
2011 Legislative Platform
p. Support efforts to reduce the toxic and non-reusable waste load.
q. Support legislation and regulations that promote improved water use efficiency in
construction of water efficient buildings and communities.
r. Support legislation that promotes improved water use efficiency through state and
federal assistance in evaluating and implementing new programs and technologies and
increasing public awareness of water use efficiency.
s. Support legislation that provides for groundwater management on a local level, with
respect to coordination of programs, extraction and production rights, long-term
protection and groundwater quality protection.
t. Support legislation that provides for the development of the watershed approach,
including watershed management plans and watershed based permitting.
u. Oppose proposed environmental constraints on government agencies that would result
in economic damage to the region while providing only minimal protections.
v. Oppose efforts to make all NPDES permits the same. Requirements of other permits
may be too onerous or not applicable. OCSD's permit should be tailored to the Orange
County region and watershed.
w. Oppose the imposition of statewide/nationwide fees for environmental cleanup that is
privately caused or 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).
x. Support measures supporting urban runoff studies and urban runoff reduction.
y. Support Coastal Water Quality efforts to ensure that clean beach projects remain a top
priority for the state,whether through negotiations on upcoming resources bonds, in
setting of legislative priorities, implementation of funding programs, and in any other
relevant process.
11
Originally Adopted December,2005
Revised February, 2011
STEERING COMMITTEE Meeting Date To Bd. of Dir.
02/23/11
AGENDA REPORT Item Number Item Number
3
Orange County Sanitation District
FROM: James D. Ruth, General Manager
Originator: Michael Gold, Public Affairs Manager
SUBJECT: Public Affairs update
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.
ADDITIONAL INFORMATION
Federal Legislative Update
Legislative Advocate: Eric Sapirstein, ENS Resources
Last month, the 112t" Congress officially convened with new Members sworn into office.
Congress spent the first several weeks on organizational matters, including a series of
procedural rules that will influence the manner in which legislation is debated and
passed. This month, Congress worked to develop the 2011 budget.
In keeping with its pledge to cut spending and the deficit, the Republican leaders in the
House enacted a new "cut-go" measure for all new legislation. Previous rules required
bills to "pay as they go," but the new cut-go requires new spending to include reductions
in existing programs so the savings can be applied to reducing the deficit. The Senate
has not adopted this approach so the House and Senate will have to work out any
differences, which will be a test to the new rule.
Budgets and Spending Cuts
On the budget front, Congress must complete action on the fiscal year 2011 budget
because the current continuing resolution expires March 4. The House has proposed a
$35 billion cut but some in their party as seeking additional cuts.
Page 1 of 5
Budgets and Spending Cuts (cont'd)
While the House has the votes to make more drastic cuts, there is much uncertainty
over how this all plays out in the Senate. With no agreement, both chambers may opt
for another continuing resolution and focus their attention on the 2012 budget. For water
quality programs, this means that EPA will likely continue program spending at Fiscal
Year 2010 levels for the foreseeable future.
On February 14, the President sent his 2012 budget to Congress containing a number
of program cuts but not going far enough in the eyes of Republican leaders. Stark
differences remain between the President and House Leaders in particular, gearing
both sides up for a bruising battle.
Key Committee Appointments
The change in House Committee structure, along with the large freshman class has
created significant changes in the overall committee picture. Not only do some
freshman members yield clout, but California has gained a number of key committee
posts: Representative Gary Miller will continue to sit on the committee and its
Subcommittee on Water Resources and Environment ensuring that the District's needs
will receive a fair hearing because Miller will also be the senior Californian on the
committee majority side. Representative Grace Napolitano will sit as the second highest
ranking California Democrat behind Californian Bob Filner on the same committee.
The important water recycling Subcommittee on Water and Power of the Committee on
Natural Resources will be chaired by Tom McClintock of California with Grace
Napolitano of California serving as the Ranking Democrat. This means that California
water policy will likely dominate the subcommittee agenda.
Congressman Ken Calvert will continue to sit on the Appropriations Committee in the
House. Mr. Calvert has been a strong supporter of the District's projects and programs
in the past.
In the Senate, Senator Dianne Feinstein will continue on the key Subcommittee on
Energy and Water Development Appropriations. This places the Senator in the key role
of deciding how water resources projects should be funded. On matters affecting WRDA
and drinking water policy, Senator Barbara Boxer will retain her chairmanship of the
Committee on Environment and Public Works. She has indicated that she will pursue a
transportation and WRDA bill first and then later in the year, renewal of the Clean Water
Act.
We expect that Senator Boxer will seek to address infrastructure funding needs that
could assist the District.
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And last, we expect that an aggressive review of the way in which the federal
government implements programs and regulations. Representative Darrell Issa of
California will sit as Chairman and he has made it clear that he intends to review EPA's
programs.
House Oversight of EPA Programs
While Congress continues to be in an organizing mode, the House Committee on
Transportation and Infrastructure has issued an agenda of issues that will be the subject
of oversight, including water quality matters. Within this agenda, water quality looms
large. Specifically, the Subcommittee on Water Resources and Environment that has
jurisdiction over the Clean Water Act has laid out an ambitious list of areas of review.
As detailed in a committee memorandum, "The subcommittee will conduct oversight of
wastewater treatment and water pollution control funding issues, including levels and
sources of funding and management of grant and loan programs; wastewater security;
and infrastructure needs. Oversight will also include a review of the effectiveness of
watershed, market, and performance-based approaches to addressing local water
pollution concerns; issues involving the development and implementation of total
maximum daily loads, water quality standards, effluent limitations, and permitting; data
quality issues; and continued efforts to improve the management of combined and
sanitary sewer overflows, storm water, and nonpoint source pollution. The
Subcommittee will investigate whether non-regulatory approaches, such as market-
based approaches and other innovative approaches undertaken by State and local
governments, may result in greater improvements to the environment..."
These areas of review are likely to set the stage for House legislation that will seek to
streamline water quality programs that EPA delegates to the State of California.
Additionally, it is likely that any oversight will result in new approaches to providing
federal support of infrastructure; perhaps relying on public private partnerships.
State Legislative Report
Legislative Advocates:
Christopher Townsend, Heather Dion and Casey Elliott, Townsend Public Affairs
State Political Highlights
As the Legislature and Governor Brown enter into the second month of the 2011
legislative session, the budget remains a constant and dominate theme. The Governor
called a special session of the Legislature several weeks ago to reinforce his
commitment to his budget plan being considered by the end of March so his tax
measure could be placed on the ballot in June.
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State Political Highlights (cont'd)
If enacted, the five-year tax extensions would generate $12 billion annually but if they
fail to pass, Sacramento would need to find an additional $12 billion over the $12.5
billion he has already proposed in cuts to close the budget deficit. Between the special
session and regular session, Legislative Counsel is working hard to finish drafting bills
in advance of the February 18 bill introduction deadline.
Recently, Assembly Budget Committee #3 met to consider the Governor's proposal to
replace $13 million in general fund costs with a fee levied on wastewater agencies for
programs such as NPDES permitting, the Irrigated Land Program, Basin Planning and
Water Rights planning. The expected increase to local wastewater agencies would be
about 8-10 percent.
As has been noted before, shifting costs and services to local agencies is a prevailing
theme in Sacramento, including a water tax/fee to provide steady funding to the
Integrated Regional Water Management Program (IRWMP). This is the same fund
OCSD accessed (through the Santa Ana Watershed Project Authority) to receive $1
million for secondary treatment upgrades. The Public Utilities Commission (PUC)
estimates that the fee based program would generate roughly $680 million annually for
the IRWM program.
Specific Activities for the Month:
( TPA is monitoring, analyzing and tracking legislation and as appropriate, drafting
letters on key bills.
( TPA is working with OCSD to set up staff-level meeting with district staff from
local Senate and Assembly offices.
Public Affairs Update
Grants Update
This past month, staff looked into two possible grants for OCSD: the Proposition 1 E
Storm Water grants through SAWPA and the M2 Urban Runoff grants through OCTA.
Because OCSD does not deal directly with storm water or urban runoff, staff determined
we are not eligible to apply for these funds.
Honor Walk Nominations Closed
At the end of January, the nominations for the Honor Walk closed with four staff and
one board member nomination received. As committee members recall, only retired
staff or past board members are eligible to be nominated. The Executive Management
Team will be meeting to make recommendations on the staff nominees only and will
present the staff and board member nominees at the March meeting.
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SARBS Plant of the Year
We are pleased to announce that OCSD won our local Santa Ana Regional "Plant of the
Year." This award, sponsored by the California Water Environment Association,
recognizes wastewater treatment agencies for overall accomplishments and efficiency.
With this award, OCSD will move on to the State wide competition.
Salary Information Posted to Website
Following the State Controllers publication of salary information for cities, counties and
special districts, we created a link to this data on our website. Now, this information
(compensation for directors and employees) is readily available to the public within two
clicks.
Employee Recognition
For the past few months, the Public Affairs team has been working with Human
Resources to roll out the revamped Employee Recognition program. This program helps
staff, supervisors and managers recognize others for supporting OCSD's core values.
Working with HR, Public Affairs developed certificates, tips and tools and other ways to
thank and recognize people for their contributions. The recognition program is great way
to keep morale high, particularly during difficult times.
PRIOR COMMITTEE/BOARD ACTIONS
N/A
ADDITIONAL INFORMATION
N/A
CEQA
N/A
BUDGET / DELEGATION OF AUTHORITY COMPLIANCE
N/A
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