HomeMy WebLinkAbout07-27-2011 Steering Committee Agenda Packet Orange County Sanitation District ,/ Wednesday, July 27, 20115:00 P.M.
Regular Meeting of the �� 1 \'y Administration Building
Steering Committee ;� Conference Rooms A & B
10844 Ellis Avenue
Fountain Valley, CA 92708
(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 June 22, 2011 Steering Committee meeting.
ACTION ITEMS:
2. Recommend to the Board of Directors to:
Adopt Resolution No. OCSD 11-10,Authorizing a payment deferral option of Capital
Facility Capacity Charges (connection fees) through June 30, 2012, to builders of
large housing development projects.
INFORMATION ITEMS:
3. Public Affairs Report
07/27/11 Steering Committee Agenda Page 1 of 3
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 54957.6, 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 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) PUBLIC EMPLOYEE DISCIPLINE/DISMISSAURELEASE
(Government Code Section 54957(b)(1))
(2) CONFERENCE WITH LEGAL COUNSEL RE. EXISTING LITIGATION
(Government Code Section 54956.9(a))
Case: Mladen Buntich Construction Company v. Orange County Sanitation
District, Orange County Superior Court Case No. 00491934
(3) CONFERENCE WITH LEGAL COUNSEL RE. INITIATION OF LITIGATION
(Government Code Section 54956.9(c))
Number of Potential Cases: 1 — Newport Trunk Sewer, OCSD claims for
indemnity and property damage
(4) 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 Organization: Orange County Employees Association (OCEA)
Reconvene in regular session and consider action, if any, on matters discussed in closed
session.
OTHER BUSINESS AND COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS, IF
ANY:
07/27/11 Steering Committee Agenda Page 2 of 3
ADJOURNMENT:
The next Steering Committee meeting is scheduled for Wednesday, August 24, 2011, at
5:00 p.m.
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.
Maria E.Ayala
Clerk of the Board
(714)593-7130
mayala(o)ocsd.com
07/27/11 Steering Committee Agenda Page 3 of 3
STEERING COMMITTEE Meeting Date To Bd. of Dir.
7/27/11 7/27/11
AGENDA REPORT Item Number Item Number
2 5
Orange County Sanitation District
FROM: James D. Ruth, General Manager
Originator: Lorenzo Tyner, Director of Finance and Administrative Services
GENERAL MANAGER'S RECOMMENDATION
Adopt Resolution No. OCSD 11-10, Authorizing a payment deferral option of Capital
Facility Capacity Charges (connection fees) through June 30, 2012, to builders of large
housing development projects.
SUMMARY
As a result of the continued downturn in the housing market, representatives of local
home builders associations have again requested relief related to the payment of their
capital facility capacity charges (connection fees).
Resolution No. OCSD 10-08 was adopted in June of 2010 allowing for the deferral of
capital facility capacity charges through June 30, 2011. Staff proposes that any deferral
of OCSD connection fees remain consistent with the deferral criteria used to defer the
sewer connection/sewer development fees of local agencies. Deferrals for large
developments, not individual applicants, would be made at the discretion of the local
agency and not mandated by OCSD. Cities would be required to provide a list of any
fee deferrals as part of its monthly reporting to the Sanitation District, along with a copy
of the plan approved by their governing body. During the 2009-10 fiscal year, OCSD
received three CFCC deferral plans in the amount of $904,914. During the 2010-11
fiscal year, OCSD received three CFCC deferral plans in the amount of $284,529.
For cities and sanitary districts that have approved plans, the Sanitation District would
continue to allow the collection of OCSD connection fees to be deferred to coincide with
the collection of the city or sanitary district's local sewer connection/sewer development
fees. This would allow each city to determine when a deferral is warranted. These
cities would also be required to provide a list of any fee deferrals as part of its monthly
reporting to the Sanitation District.
This deferral option would remain in effect until June 30, 2012, and would be reviewed
by the Sanitation District prior to its June 2012 Board meeting. All OCSD connection
fees deferred during this period due to the Sanitation District must be paid by June 30,
2012, or as specified by the local agency approved plan, whichever comes first.
PRIOR COMMITTEE/BOARD ACTIONS
Form No.DW-102.1 Revised 01/11/2010
Page 1
Adopted Resolution No. OCSD 10-08, Authorizing a payment deferral option of Capital
Facility Capacity Charges (connection fees) through June 30, 2011, to builders of large
housing development projects
Adopted Resolution No. OCSD 09-11, Authorizing a payment deferral option of Capital
Facility Capacity Charges (connection fees) through June 30, 2010, to builders of large
housing development projects
Adopted Resolution No. OCSD 08-12, Authorizing a payment deferral option of Capital
Facility Capacity Charges (connection fees) through July 31, 2009, to builders of large
housing development projects
ADDITIONAL INFORMATION
Prior to developing the proposal listed above, staff developed an initial deferral option
which would require that the staffs of OCSD and the individual cities maintain and
monitor a list of deferral criteria. These criteria included:
1. Deferral of fees would be optional at the discretion of each individual city.
2. Cities can suspend participation in the program at any time at their discretion.
3. Participating cities would need to revise their current agreements with OCSD.
4. Deferrals would apply only to connection fees in excess of $30,000.
5. Cities would be required to defer collection of the entire connection fee.
6. Cities would notify OCSD monthly of the any fee deferrals.
7. Cities would remit connection fees, less the 5% administrative charge, to OCSD
once collected from the developers.
8. Fees would be deferred until the earlier of the following: a) Issuance of the
Certificate of Occupancy; b) June 30, 2012.
Background
Current Sanitation District policy requires that all connection fees be paid prior to the
receipt of a new building permit. Payment is required at this time to reflect needed
system capacity and impact on the system.
1. Base CFCCs are determined by type of development and are calculated per 1,000
square feet of building for non-residential development and per unit for residential
development.
2. Three categories of Commercial connection fees have been developed: low
demand, average demand, and high demand.
3. Significant Industrial Users (Class I Permit Users) are charged demand-based
connection fees as a part of their ongoing annual use charges, in addition to the
one-time, up-front charge. These fees will include an interest component.
Form No.DW-102.1 Revised 0 1/1 1120 1 0
Page 2
4. Residential fees are tiered based upon number of bedrooms for single-family
residential (SFR) and multi-family residential (MFR) development, as number of
bedrooms is the best available indicator of number of residents.
5. Connection fees are collected by local sewering agencies at the time the building
permit is issued and they retain 5% of the fee.
6. Credit for demolished structures is granted as if fees for those structures were paid
under the current Ordinance.
7. Connection fees are charged for local agency facilities such as schools and libraries,
and for state and federal facilities.
JDR:LT:MW:AB:jmf
CEQA
N/A
BUDGET / DELEGATION OF AUTHORITY COMPLIANCE
N/A
H:\dept\asd\210\fields\ADMIN COMMITTEE BY MONTHWULY 2011\Agenda Report CFCC Deferral STEERING AND BOARD
2011.docx
Form No.DW-102.1 Revised 01/11/2010
Page 3
RESOLUTION NO. OCSD 11-10
AUTHORIZING A PAYMENT DEFERRAL OPTION OF CAPITAL
FACILITY CAPACITY CHARGES THROUGH JUNE 30, 2012 FOR
CERTAIN LARGE DEVELOPMENT PROJECTS
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE ORANGE
COUNTY SANITATION DISTRICT DEFERRING THE COLLECTION OF
CAPITAL FACILITY CAPACITY CHARGES THROUGH JUNE 30, 2012
FOR CERTAIN LARGE DEVELOPMENT PROJECTS
The Board of Directors of the Orange County Sanitation District does hereby find:
A. The Board of Directors of the Orange County Sanitation District ("OCSD")
has previously adopted Ordinance No. OCSD-40 which, among other actions,
establishes Capital Facilities Capacity Charges to be imposed when properties either
newly-connect to the OCSD's system, or expand the use of the property previously
connected to OCSD; which Ordinance is presently in full force and effect.
B. The OCSD Board of Directors has also established agreements with the
local sewer service providers within its service area to establish a practice in which: the
local sewer service provider collects OCSD's Capital Facilities Capacity Charge on
behalf of OCSD at the time it issues a local sewer service connection permit and collects
its own local sewer service connection fees; and monthly remits payment of such OCSD
Capital Facilities Capacity Charge to OCSD less five percent retention for administrative
costs.
C. Some local sewer service providers within OCSD's service area have
informed OCSD that they intend to defer collection of local sewer service connection
fees for certain projects within their service areas until a time subsequent to the local
sewer service provider's issuance of a local sewer service connection permit.
NOW, THEREFORE, the Board of Directors of Orange County Sanitation District,
DOES HEREBY RESOLVE, DETERMINE, AND ORDER:
Section 1: That, except as provided in Section 2 herein, Capital Facilities
Capacity Charges greater than $30,000 which are paid to OCSD through a third-party
local sewer service provider shall be, and hereby are, deferred to the same extent and to
the same time as the local sewer service connection fee charged by said third-party local
sewer service provider.
Section 2: That, in addition to any other obligation of a local sewer service
provider to OCSD by law or contract, each local sewer service provider deferring the
payment of any local sewer service connection fee within its service area, must provide
a list of any fee deferrals as part of its monthly reporting of remitted Capital Facilities
Capacity Charges to OCSD. In addition, any local sewer service provider having
adopted, or which does adopt prior to June 30, 2012, written criteria for the evaluation of
potential local sewer service fee deferrals shall, concurrently with its next monthly report
to OCSD, or with the next monthly report after said adoption as the case may be, submit
a copy of said written criteria to OCSD with its monthly report. The requirements of this
1
588524.1
section are a precondition to the operation of Section 1 as to each local sewer service
provider.
Section 3: That the OCSD Director of Finance is hereby granted discretion
and authority to defer Capital Facilities Capacity Charges greater than $30,000 which
are paid directly to OCSD (such as in unincorporated Orange County), subject to
requirements of Section 5 hereof.
Section 4: That the Board of Directors of Orange County Sanitation District
shall review the effect on OCSD of this Resolution prior to June 30, 2012.
Section 5: That all OCSD Capital Facilities Capacity Charges deferred
pursuant to this Resolution are due and payable at the time the corresponding local
sewer service connection fee is paid or on June 30, 2012, whichever date is earliest in
time.
Section 6: That the General Manager, or his designee, be, and is hereby
authorized and directed, to execute any necessary documents or agreements to effect
the orders set forth in Sections 1 through 5 herein.
Section 7: This Resolution is effective as of July 1, 2011.
PASSED AND ADOPTED at a regular meeting held July 27, 2011.
Chair, Orange County Sanitation District
ATTEST:
Clerk of the Board
2
588524.1
STEERING COMMITTEE Meeting Date To Bd. of Dir.
07//27/2011
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
Public Affairs Update
Allie at Work — KTLA comes to OCSD
On July 26 KTLA Morning News will be at OCSD filming a live segment called "Allie at
Work." Allie McKay is a popular local reporter that visits all sorts of businesses around
Southern California and spends a few hours "working" on site.
She will be at OCSD working with employees at some of the treatment processes and
discussing what we do with a few employees. The segment is an exciting opportunity to
teach people about wastewater treatment. We will make videos of the segment
available to the Board of Directors and Public.
Grand Jury, part two
Last month, we reported on the Grand Jury's compensation for water and sanitation
districts. We are proud that OCSD's compensation for directors is among the lowest in
the County.
After receiving a reporter question on our compensation, we discovered that the Grand
Jury's numbers were different from our own calculations and we kept coming up with
lower numbers. We asked the Grand Jury to explain how they arrived at their figure of
$9,512 per month per director (average) and are awaiting their response.
Page 1 of 6
Facebook traffic = website traffic
The Public Affairs team has observed an interesting trend as we continue to expand our
social media activity: Facebook traffic brings people to our website. As we have
reported in the past, the Public Affairs team has been busy tweeting and posting to
Facebook an average of one story per week and even the smallest stories have brought
people to www.ocsd.com to learn more about us. In the past six weeks, we have had
8,376 views of our Facebook stories, up 20 percent from the month before.
Hydrogen Energy Station opening on August 16
Please remember the opening of the Hydrogen Energy Station on August 16, 10 a.m.
here at OCSD. The event, jointly sponsored by Air Products, UC Irvine and OCSD will
highlight the world's first hydrogen energy station that takes digester gas and turns it
into energy from a fuel cell and produces hydrogen fuel.
The Public Affairs team has been working with the press in advance of the event to
secure stories in local media.
Outreach records
We set an agency record this year for tours reaching an all-time high number of 2,194
tour guests visiting OCSD in fiscal year 2010-11. We also reached 1 , 300 guests
through the speakers' bureau and participated in ten community events. As our
communication through the web and social media grows, we expect our tour and
speaker numbers to grow next year.
Federal Legislative Update
Legislative Advocate: Eric Sapirstein, ENS Resources
The tumultuous debt ceiling debate continued during the past month with a question on
the endgame strategy of both Congress and the White House. The net impact is that
Congress is continuing to address policy issues while the leadership attempts to find
common ground. As of this writing, the deadline is August 2 when the Administration will
run out of authority to incur debt. Despite the contentious debate, there are a few
scenarios that could help avoid default.
1) The fiscal year 2011 budget was approved and signed into law and some believe
that the authority to spend money and incur debt is implicit in Congress' passage
of the yearlong continuing resolution and the President could simply act to pay off
existing debt.
2) There continues to be a question whether the debt ceiling is actually
constitutional. Under some interpretations, the limit is an artificial device that is
incidental to the actual obligations of the government. Under this scenario, it is
possible that the President could simply direct the Treasury Department to issue
new debt to maintain governmental functions.
3) Senate Republican Leader Mitch McConnell has suggested that Congress pass
a bill denying the debt limit raise giving the President the ability to veto the
measure and simply raise the limit.
Page 2 of 6
What is clear is that the debt limit is not the real issue but a debate over the size and
scope of the Federal Government and its role in every day matters from environmental
protection to national security.
Water quality and regulatory mandates
The expected issuance of federal guidance on the kinds of waters subject to regulation
under the Clean Water Act was delayed until July 31, 2011 when EPA cited the need for
additional time for comments. At the same time, the agency suggested that it might
abandon the guidance approach and issue formal regulatory proposals to define which
waters are subject to regulation. For the District, this action carries little impact as EPA
continues to maintain a commitment to the existing waste treatment facility exemption.
The House Committee on Transportation & Infrastructure acted on H.R. 2018 legislation
that seeks to provide states with assurances that if water quality standards are
approved by USEPA, they cannot be retroactively revised by USEPA. Shortly after this
action, the full House debated and passed the measure. The action resulted in a rare
Administration veto threat should the Senate act on the legislation later in the session.
This bill also attracted the opposition of major newspapers with editorials denouncing
the legislation as a step backward in protecting water quality. The effort stems from
nutrient standards imposed upon the state of Florida by USEPA.
The ten percent rule
Our efforts to address hurdles to the appointment of qualified individuals to water
boards gained important traction over the last month when Representative Gary Miller's
staff worked with House Legislative Counsel to refine legislation eliminating the income
restriction test and replacing it with a conflict of interest test. In discussions with Senate
Committee on Environment and Public Works staff, they indicated that they would like to
work with EPA to determine whether a regulatory fix can be developed to avoid the
legislative route.
Water Resources Development Act (WRDA)
What may be the worst kept secret, efforts to renew WRDA have almost ground to a
halt as both the House and Senate committees with jurisdiction over WRDA have been
focused on renewing the transportation bill. While it is unlikely that a draft bill will be
considered before the end of this year, the hope is that each committee will float
recommendations on a new WRDA to allow for consideration of the bill early in the next
session.
State Legislative Report
Legislative Advocates:
Christopher Townsend, Heather Dion and Casey Elliott, Townsend Public Affairs
State Political Highlights
After the Governor vetoed the first majority budget passed by the Legislature, he
worked with Democratic leaders to develop and pass a package of bills with no
Republican support. While Brown was unable to extend the various taxes that expired
Page 3 of 6
on July 1, he can claim that he signed an on-time budget with the help of the new law
allowing majority-vote passage of the State budget.
For OCSD, the bills contained no property tax takes from special districts and relied
heavily on cuts and future revenues to be "balanced." The main provisions of the budget
package adopted by the Legislature include:
• $150 million cut to University of California and California State University
• $150 million cut to state courts
• $200 million in Amazon online tax enforcement
• $2.8 billion in deferrals to K-12 schools and community colleges
• $300 million from $12 per vehicle increase in DMV registration fee
• $150 million from fire fee for rural homeowners
• $1.7 billion from redevelopment agencies
• $1.2 billion in higher May and June revenues
• 1.06 percentage point sales tax swap that redirects money to local governments
for Brown's "realignment" plan rather than to the state.
Additionally, the budget anticipates that the State will receive an additional $4 billion in
new revenue next year. Should the State not receive these dollars, then there will be
automatic cuts:
If the State realizes $3 billion to $4 billion of the anticipated revenue, then there will be
no additional cuts. Any deficit balance will be rolled over and dealt with as part of the FY
2012-13 budget.
If the State realizes $2 billion to $3 billion of the anticipated revenue, then the State will
impose approximately $600 million in cuts and the deficit balance will be rolled over and
dealt with as part of the FY 2012-13 budget. The $600 million in cuts includes:
• An additional $100 million cut to UC
• An additional $100 million cut to CSU
• $100 million cut to In-Home Supportive Services hours
• $100 million cut to Department of Developmental Services
• $80 million cut to public safety programs
• $30 million cut to community colleges triggering a $10/unit fee hike
• $23 million across-the-board cut to childcare funding
• $20 million cut to Department of Corrections and Rehabilitation
• $16 million cut to California State Library in library grants
• $15 million cut related to Medi-Cal Managed Care
• $15 million cut to California Emergency Management Agency
• $10 million cut to Department of Social Services in anti-fraud grants
If the State realizes $0 to $2 billion of the anticipated revenue, then the State will
impose approximately $1.9 billion in additional cuts, including:
Page 4 of 6
• $1.5 billion reduction to K-12 schools that allows districts to drop seven
classroom days
• $248 million cut that eliminates school bus transportation
• $72 million cut to community colleges
SB 482 (Kehoe)
SB 482 is a high-priority bill for OCSD. The bill is related to beach monitoring and
transfers some responsibilities for beach monitoring from the California Department of
Public Health to the State Water Resources Control Board so the Water Board can levy
fees on agencies like OCSD to pay for the program. Currently, county health
departments pay for monitoring except in Orange, where we have a cooperative
agreement and share costs. We are strongly opposed to SB 482.
Working with CASA, we have made significant strides forward on the technical aspects
of the bill but the sticking point has remained funding. OCSD has been arguing that
since we are already paying some of the costs, we should not have to pay the state for
a program to which we contribute locally.
OCSD staff has been part of a small working group negotiating with various
stakeholders and we are close to a solution that would cap the amount of money the
State Board could collect from dischargers and give consideration to OCSD for the
arrangement we have with the County of Orange.
Specific Activities for the Month:
• In coordination with OCSD staff and CASA, TPA worked with Assembly Member
Miller and his staff on OCSD's opposition to SB 482 (Kehoe). Mr. Miller serves as
a member of the Assembly Environmental and Safety and Toxic Materials
committee (the legislation's policy committee in the Assembly). Subsequently,
and in anticipation of the bill being heard in Assembly Appropriations, TPA has
also begun to work with Members Harkey (Vice Chair of Assm. Appropriations),
Norby, Solorio, and Wagner (members of Assm. Appropriations).
• TPA continues to monitor, report, and promote the following state legislative and
advocacy goals:
o Proactive protection of OCSD property tax funding
o Outreach and education, particularly to new members of the legislature, at
both the staff-staff and elected-board member levels.
o Ongoing analysis of legislative measures including but not limited to
environmental mandates that could affect the District's operations, local
government transparency measures, and budget measures redirecting
fees to local wastewater agencies.
o The potential for regulatory streamlining
o Round II of IRWM funding
• TPA continues to monitor, analyze and track legislation on behalf of the OCSD.
TPA also drafts letters, when appropriate, for OCSD consideration on particular
budget or legislative matters of interest.
Page 5 of 6
• TPA monitors and reports on key committee hearings on the budget and special
districts.
• TPA has provided up-to-date briefings on the State budget.
• OCSD and TPA have met with all members of the Orange County State
Delegation and/or their staff to discuss priority issues for the District.
PRIOR COMMITTEE/BOARD ACTIONS
N/A
ADDITIONAL INFORMATION
Attachments: OCSD Bill Matrix
CEQA
N/A
BUDGET / DELEGATION OF AUTHORITY COMPLIANCE
N/A
Page 6 of 6
OCSD Legislative Bill Tracking- 2011
updated 7/2011
Bill Number Author Summary OCSD Position Notes Status
AB 213 Silva Requires State Agencies to notice"interested Support Suspense file
parties"of proposed actions on rules and
regulations.
AB 262 Harkey Revises the boundaries of the Santa Ana Watch Two-year bill
Regional Water Quality Control Board to
include south Orange County.
AB 457 Wagner Allows bidders of public contract work to Oppose Offering amendments for Two-year bill
recover full attorney's costs for challenging reciprocity
an award if their bid is determined to be
invalid due to errors or omissions of the
agency.
AB 512 Gordon This bill would expand the definition of an Support On Senate floor,third reading
eligible renewable generating facility to
include facilities that have a generating
capacity of no more than 5 megawatts to
allow bill credits for generating renewable
energy.
AB 646 Atkins Changes exsiting law so that during labor Oppose In Senate Appropriations
negotations,agencies are no longer allowed
to declare an impasse and impose a contract.
Instead,the agency must appoint a mediator
to recommend a settlement.
AB 741 Huffman Allows the creation of voluntary assessment Support This bill is sponsored by IRWD Passed Legislature and at
districts to finance the cost of converting Governor's desk
septic to sewer,connecting to a community
system and replacing damaged sewer
laterals.
AB 1178 Ma This bill seeks to clarify existing law to Support On Senate floor,second reading
prohibit discriminatory restrictions on the
disposal of solid waste based on its place of
origin.
AB 1354 Huber Eliminates the 5%retention requirements for Oppose Two-year bill
public work contracts and prohibits any
contract retention amount.
OCSD Legislative Bill Tracking- 2011
updated 7/2011
Bill Number Author Summary OCSD Position Notes Status
SB 482 Kehoe Shifts the responsbility of beach testing from Oppose OCSD has been working with In Assembly Appropriations
th Department of Public Health to the State CASA on amendments
Water Resources Control Board and allows
the Board to levy fees on wastewater
treatment agencies to pay for administration
of the program.
SB 293 Padilla Changes the withholding provisions in public Oppose In Assembly Appropriations
works contracts,lowering the threshold from
10%to 5%
SB 771 Kehoe This bill expands the energy sources that are Support In Assembly Appropriations
eligible to receive funds through the
Renewable Resources Trust Fund to include
digester gas and waste gas to fuel cell power
generation.This bill changes the current
definition of eligible renewable energy to
include digester or other gasses from
wastewater treatment.
SB 900 Steinberg Support Consistent with our efforts at the Assembly inactive file
Provides that a person would not be federal level to change the 10
disqualified from being a member of a percent income rule.
RWQCB if they receive,or a significant
portiontheir income from a person subject to
waste discharge requirements,or an
applicant for waste discharge requirements,
that govern discharges not within the
jurisdiction of that RWQCB.
OCSD Legislative Bill Tracking- 2011
updated 7/2011
Bill Number Author Summary OCSD Position Notes Status
Bell-related Bills
AB 162 Smyth Requires that if an independent audit reveals
irregularities,the findings are sent to the
State Controller.
AB 187 Lara Authorizes the Controller to establish a high-
risk audit program to identify agencies the
State Auditor views as being at risk of waste,
fraud or abuse.
AB 229 Lara Requires the Controller to receive all audits
within 9 months of preparation and directs
the Controller to develop a plan to review all
local agency audits.
AB 253 Smyth Requires the Controller to develop guidelines
for local government audits based on input
from a specified group of city officials
AB 1287 Buchanan
Requires all agencies to comply with GAO
standards for audits and requires auditors to
complete a GAO quality control review.
AB 1344 Feuer Prohbits employment contracts from having
automatic renewal clauses or automatic Watch
increases in excess of cost-of-living
adjustments.Also,this bill requires all
meetings be noticed on an agency's website
(if they have one).
SB 46 Correa
Requires all public officials to file statements
of economic interest and these statements to
be filed on the public agency's website.
SB 186 Kehoe Give the State Controller discretion to audit
or investigate any local agency to ensure
compliance with laws,ordinances and grant
agreements and allows the Controller to
charge the agency for the cost of the
investigation.
OCSD Legislative Bill Tracking- 2011
updated 7/2011
Bill Number Author Summary MD Position Notes Status
SB 449 Pavley
Authorizes the Controller to conduct reviews
of local agencies finances to determine if
there may be problems and develop a
committee of officials to assist agencies with
finanical problems(upon request).