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HomeMy WebLinkAbout02-22-2012 Steering Committee Agenda Packet Wednesday, February 22, 2012 Orange County Sanitation District 4:30 P.M. Regular Meeting of the r - Administration Building Steering Committee Conference Rooms A & B 10844 Ellis Avenue Fountain Valley, CA 92708 rN yr+ (714) 593-7130 **********IMPORTANT NOTICE********** STEERING COMMITTEE MEETING WILL BE HELD AT A DIFFERENT TIME ON THE ABOVE DATE. THE MEETING WILL BEGIN AT 4:30 P.M. 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. ( Yorba Linda Water District Request (General Counsel) CONSENT CALENDAR: 1. Approve Minutes of the January 25, 2012 Steering Committee Meeting. 2. Recommend to Board of Directors to: Approve out-of-country travel for one Orange County Sanitation District employee to New Zealand to engage in discussion and sharing of information on advanced odor control issues and technology at no cost to the Sanitation District for any type of travel or conference registration expenditures. ACTION ITEMS: 3. Recommend to Board of Directors to: Seeking direction from the Board of Directors on a process and criteria for selection of OCSD representatives to the Redevelopment Agency Oversight Boards. 02/22/12 Steering Committee Agenda Page 1 of 4 INFORMATION ITEMS: 4. Public Affairs Report 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) CONFERENCE WITH LEGAL COUNSEL RE. ANTICIPATED LITIGATION (Government Code Section 54956.9(b)) Significant Exposure to Litigation Number of Potential Cases: 2 (a) Santa Ana Watershed Project Authority v. OCSD (contractual arbitration) (b) Claim of Kiewit Infrastructure West re. Secondary Activated Sludge Facility, Project P1-102 (2) CONFERENCE WITH LEGAL COUNSEL RE. EXISTING LITIGATION (Section 54956.9(a)) Number of Cases: 2 (a) Darrell Ennis v. Orange County Sanitation District, Orange County Superior Court Case No. 30-2011-00497640 (b) Mladen Buntich Construction Company v. Orange County Sanitation District; OCSD v. Buntich Cross-Claim, Orange County Superior Court Case No. 00491934 02/22/12 Steering Committee Agenda Page 2 of 4 (3) PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Government Code Section 54957(b)(1)) Number of Employees: 2 (a) General Manager (b) General Counsel 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 Wednesday, March 28, 2012, at 5:00 p.m. Accommodations for the Disabled: Meeting Rooms are wheelchair accessible. If you require any special disability 02/22/12 Steering Committee Agenda Page 3 of 4 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 mayalaCcDocsd.com For any questions on the agenda, Committee members may contact staff at: General Manager Jim Ruth (714)593-7110 Iruth(a�ocsd.com Assistant General Manager Bob Ghirelli (714)593-7400 rghirelliC@ocsd.com Assistant General Manager Jim Herberg (714)593-7300 jherbergCcDocsd.com Director of Facility Support Services Nick Arhontes (714)593-7210 narhontes(o-)ocsd.com Director of Finance and Lorenzo Tyner (714)593-7550 Ityner(cDocsd.com Administrative Services Director of Human Resources Jeff Reed (714)593-7144 ireedCcDocsd.com Director of Operations&Maintenance Ed Torres 714 593-7080 etorres ocsd.com 02/22/12 Steering Committee Agenda Page 4 of 4 STEERING COMMITTEE Meeting Date To Bd. of Dir. 02/22/12 02/22/12 AGENDA REPORT Item Number Item Number 2 Orange County Sanitation District FROM: James D. Ruth, General Manager Originator: Nicholas J. Arhontes, Director of Facility Support Services SUBJECT: American Public Works Association GENERAL MANAGER'S RECOMMENDATION Approve out-of-country travel for one Orange County Sanitation District employee to New Zealand to engage in discussion and sharing of information on advanced odor control issues and technology at no cost to the Sanitation District for any type of travel or conference registration expenditures. SUMMARY As a result of a national evaluation, the American Public Works Association (APWA) awarded Dr. Carla Dillon a 2-week (June/July 2012) international study fellowship through the Jennings Randolph Fund and the Global Solutions in Public Works program. The study fellowship pays $3,000 for the study tour and travel expenses to New Zealand. Any additional expenses will be paid for by the employee. New Zealand is internationally recognized as a leader in odor control technologies and one of few countries with national odor policies. This opportunity will allow Dr. Dillon to meet with members of their Regional Council and learn how they implement odor policies, regulations, and levels of service. She plans to visit Auckland's wastewater treatment plant and other facilities to study design and operation of odor treatment facilities, computer odor modeling systems, and monitoring and assessment techniques and equipment. The award will also allow Dr. Dillon to attend the INGENIUM Conference in New Zealand and present on OCSD's odor control program and patent-pending chemical treatment. The knowledge that Dr. Dillon can gain through this exchange will directly benefit OCSD's odor-related capital projects, master planning, strategic initiatives, and operational level of service. Following the study fellowship, Dr. Dillon has been asked to write a summary of her experience for the APWA Reporter magazine and present an educational session at the 2013 APWA Congress in Chicago. PRIOR COMMITTEE/BOARD ACTIONS N/A DW-102 Board AR, Rev 10/04/10 Page 1 of 2 ADDITIONAL INFORMATION In November 2011, OCSD adopted a Five-Year Strategic Plan with specific wastewater management goals pertaining to odor control. OCSD will be implementing odor control projects at Plant 1 (trickling filters) and Plant 2 (solids loading facility) by 2018. Knowledge gained through this exchange could greatly benefit these projects in particular and continue to strengthen OCSD's levels of service for odor control policies. The two-week international study fellowship is scheduled for June/July 2012. Actual itinerary is still in the planning stage by APWA. This fellowship serves to provide an opportunity for APWA members to broaden their knowledge and exchange experiences and information on trends and advances in public works, through contact with international partners. It also promotes friendship and understanding among public works staff on an international basis. With the support of OCSD's management, Dr. Dillon applied for the fellowship and submitted a public works study project proposal. OCSD is honored to be one of the recipients of this year's award. Each year, only up to four APWA members are awarded an international study fellowship. This is the first award of this kind that OCSD has received from AWPA. OCSD holds a group membership in APWA. CEQA N/A BUDGET/DELEGATION OF AUTHORITY COMPLIANCE This request complies with authority levels of the Sanitation District's Delegation of Authority and Resolution No. OCSD 07-04, which requires approval by the Board of Directors for travel outside of North America. DW-102 Board AR, Rev 10/04/10 Page 2 of 2 STEERING COMMITTEE Meeting Date To Bd. of Dir. 02/22/12 02/22/12 AGENDA REPORT Item Number Item Number 3 Orange County Sanitation District FROM: James D. Ruth, General Manager SUBJECT: Redevelopment Agency Oversight Board GENERAL MANAGER'S RECOMMENDATION Seeking direction from the Board of Directors on a process and criteria for selection of OCSD representatives to the Redevelopment Agency Oversight Boards. SUMMARY Health and Safety Code Section 34179(a) requires that Redevelopment Agency successor agencies shall have an oversight board. One of the seven members will be one appointed by the largest special district, by property tax share, with territory in the territorial jurisdiction of the former redevelopment agency. The Orange County Auditor- Controller's Office has determined that OCSD receives the largest share of property tax within several jurisdictions. CEQA N/A BUDGET / DELEGATION OF AUTHORITY COMPLIANCE N/A Page 1 of 1 STEERING COMMITTEE Meeting Date To Bd. of Dir. 02/22/12 AGENDA REPORT Item Number Item Number 4 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 A new look The new Orange County Sanitation District website has been launched. Now under the new domain www.ocsewers.com the new site is streamlined and connected to social media. You can still find us at www.ocsd.com but we also adopted the new website address so the public better understands who we are and what we do. We are not changing the agency name. A unique feature to our new site is an all-in-one page for access to public information and transparency. Entitled "OpenGov," this page has links to employee salaries and board compensation, agendas and minutes, financial information, public information requests and other documents of interest to the general public. We designed the site for easy navigation with everything within a few clicks and there are easy ways for the public to sign up for updates. The website will be formally launched in March. Coming to your town As part of our outreach efforts, the Public Affairs team is meeting with public information officers from all the cities and agencies we serve. We started this month and will be making the rounds to find ways we can partner and share information. 2012 Legislative Platform Attached to this report is the 2012 Legislative Platform. This document guides staff in taking positions on legislation in Sacramento and Washington, D.C. so we can act Page 1 of 5 quickly, when necessary. Generally all bills being tracked by staff are listed in a matrix that is included in the monthly Public Affairs report for the Steering Committee. When a bill is controversial or requires additional attention, staff will report these out to the Steering Committee for information or direction. Please review the attached legislative platform and provide any comments or questions to staff. Next month, staff will present legislative goals for the year. Legislative updates from our advocates In February our federal advocate, Eric Sapirstein, will attend the Steering and Board meetings to provide an update and outlook on the happenings in Washington, D.C. Next month, our Sacramento advocates from Townsend Public Affairs will provide the state update. Federal Legislative Update Legislative Advocate: Eric Sapirstein, ENS Resources The second session of the 112th Congress convened this month, but actual work did not start until the President delivered the State of the Union address on January 24. Clearly, the President aimed his speech at his election year strategy and what is shaping up to be a limited year in terms of Congressional accomplishments. For OCSD, it is clear that we will need to establish our priorities with Congress in the event there is a flurry of activity towards the end of the year (after the election). The President's budget On February 13, the President sent his budget to Congress. This budget represents a milestone in political year budget submissions because it contains significant reductions in program spending while projecting trillion dollar deficits in the out-years. The Administration is proposing: $2.025 billion for SRF program of which $1.2 billion is reserved for the clean water SRF program; Limits increased subsidies (low interest, negative interest and other forms of assistance) to not more than 30% of a state allocation of SRF funding, provided such assistance limited to amounts above $1 billion; Funding priorities will involve supporting small and underserved communities in need of federal assistance; An infrastructure bank is sought for implementation to fund water infrastructure needs in addition to other national infrastructure priorities (50% cost share); Target funding for National Estuaries (San Francisco Bay, Santa Monica, Monterey Bay and San Diego Bay); and Page 2 of 5 Enforcement of environmental mandates On January 9, the U.S. Supreme Court heard arguments on U.S. EPA's practice of using Administrative Orders that deny recipients due process. The issue is that these orders cannot be appealed to a court as the agency maintains they are not final enforcement orders. The Justices' questions suggested that the Court was highly skeptical of the agency's position and it appears the Court could rule by a large majority or even unanimously against the EPA. Assuming that the Court does overturn the agency's process, it could spark an effort in Congress to reassess how federal environmental mandates are enforced, including permit conditions and other mandates. Income restrictions and water board appointments Congressman Miller's bill to revise income restrictions for water board appointments continues to gain traction. Mr. Miller is determining if he can convene a hearing to examine the issues around his bill, H.R. 2765 the Sunshine on Conflicts Act. In discussions with Committee on Transportation and Infrastructure staff, Miller's staff was informed that USEPA continues to develop an administrative revision to the current definition of "significant income" to address concerns about the current income rule. Since USEPA has been slow to develop the administrative solution, Mr. Miller has advised that he will pursue a hearing and markup of H.R. 2765 in the coming months. Citizen suits and related protections against abuses Representative Tom McClintock continues his efforts to revise the way in which the Clean Water Act's citizen suits provisions are used. His bill, H.R. 3644, provides a series of defenses to POTWs to avoid such litigation, including acts of God, war or third party actions. Additionally, the bill provides an extended NPDES permit terms of 15 years for POTWs and requires that any new or renewed permit conditions be subject to cost-benefit analysis to ensure benefits of any mandates outweigh the costs. Representative McClintock continues to work with Committee on Transportation and Infrastructure Chairman John Mica to secure a legislative hearing on the issue as a first step toward House floor debate and passage later this year. State Legislative Update Legislative Advocates: Christopher Townsend, Heather Dion and Casey Elliott, Townsend Public Affairs Since returning to Sacramento in January, Legislators have been focused on the budget deficit. On January 5, the Governor released his budget proposal that builds upon many of the themes that the he introduced last year, including: focusing on core governmental services, realignment of services from the state to local governments, and paying down the State's mounting debt. The Governor's budget estimates that the current deficit (remainder of the current budget year plus next year) is $9.2 billion. The Governor's budget addresses the deficit by calling for $4.2 billion in spending cuts, $4.6 billion in new revenue, and $1.4 billion in programmatic shifts. Moreover, to close the deficit gap, Brown's budget relies upon $4.6 billion in new revenue but this requires voter approval in November. The Governor's tax proposal would generate the $4.6 billion (increasing to $7 billion in future years) by imposing a Page 3 of 5 temporary half-cent increase in the State sales tax as well as raise the income tax rate on Californians making over $250,000. If the Governor's tax proposal is not approved by the voters, then there are several trigger cuts that would go into effect on January 1, 2013. These triggers primarily impact education, including proposed $200 million cuts to the University of California and the California State University systems. Governor Brown has attempted to clear the field of several rival tax measures on the 2012 ballot in order to increase the likelihood of passage of his proposal. To drum up support for his initiative, the Governor has traveled the State and secured the support of members of the business community, Native American tribes, as well as labor unions, like SEIU and the CTA. Brown's goal is to raise $30 million to secure passage and to date he has raised just under $2 million. The LAO looks at Brown's budget The Legislative Analyst Office analyzed the Governor's Budget and estimated that it would not fully close the budget gap because the revenue assumptions that are less optimistic than those used by the Governor. The LAO's reasoning is based on numerous economic factors, and if they are correct, then the State will need to find additional cuts in order to balance the budget. Republicans have criticized the Governor for his tax hike initiative, but Brown intends to gather signatures directly, rather than pursue a legislative route. Other than the budget, the Legislature may tackle major issues this year, including pension reform and redevelopment. Pension Reform On February 2, Governor Brown sent statutory and constitutional language to the leaders of the Conference Committee on Public Employee Pensions to implement his 12-point pension reform plan. In his letter, Governor Brown called for "urgent and decisive action." Since its release in October, the Governor's 12-Point Pension Reform Plan has not gained significant traction in the Democratic-controlled Legislature and no formal bill has been released. In fact, the state's labor unions are privately threatening to withhold support for the Governor's tax initiative unless he makes changes to his plan. Labor objects to the creation of a hybrid retirement system featuring a mix of defined benefit and defined contributions.. Other updates The Senate Republican caucus elected Senator Bob Huff as their GOP leader to follow Senator Bob Dutton, who will be termed out later this year. Senator Huff mentioned job creation and keeping the Democrats from picking up a two-thirds majority in the election as his top priorities. Huff selected Senator Tom Harman to be his second in command in the Senate. The Democratic leadership and the Republican leadership in the Assembly remain unchanged. On the redistricting front, the Fairness and Accountability in Redistricting (FAIR) group, (backed by the California Republican Party), has submitted signatures for a ballot initiative challenging the proposed State Senate maps drawn by the Citizens Page 4 of 5 Redistricting Commission. Currently, this initiative is under review by the Secretary of State to see if it qualifies for the November 2012 ballot. The California Supreme Court ruled against FAIR and noted that the lines drawn by the Citizens Commission will remain in place for the June and November ballots. PRIOR COMMITTEE/BOARD ACTIONS N/A ADDITIONAL INFORMATION CEQA N/A BUDGET / DELEGATION OF AUTHORITY COMPLIANCE N/A Page 5 of 5 Orange County Sanitation District 2012 Legislative Platform Legislative Updates ` i. :eS Please click the link below foi the latest Legislative Tracking Maui) nation q hael Gold. legis a ive p a es i Legislative Bill Tracking Tracking(42,9 KB) _ V 100 Collaborate V V JNty SAHIT�T� 2 � .o ti 9 : rFCT�Ns THE Orange County Sanitation District 2012 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@ TownsencIPA.com Heather Stratman (949) 399-9050 hstratman@ TownsencIPA.com 2 Originally Adopted December,2005 Revised February, 2012 Orange County Sanitation District 2012 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, 2012 Orange County Sanitation District 2012 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. 4 Originally Adopted December,2005 Revised February, 2012 Orange County Sanitation District 2012 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. 5 Originally Adopted December,2005 Revised February, 2012 Orange County Sanitation District 2012 Legislative Platform S. 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. 6 Originally Adopted December,2005 Revised February, 2012 Orange County Sanitation District 2012 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. 7 Originally Adopted December,2005 Revised February, 2012 Orange County Sanitation District 2012 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. 8 Originally Adopted December,2005 Revised February, 2012 Orange County Sanitation District 2012 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. 9 Originally Adopted December,2005 Revised February, 2012