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HomeMy WebLinkAbout11-04-2019 Legislative Committee Meeting Complete Agenda PacketOrange County Sanitation District LEGISLATIVE AND PUBLIC AFFAIRS COMMITTEE Regular Meeting Agenda Monday, November 4, 2019 - 12:00 PM Board Room Administration Building 10844 Ellis Avenue Fountain Valley, CA 92708 (714) 593-7433 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) 593-7433 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, and on the Sanitation District’s website at www.ocsd.com 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. AGENDA DESCRIPTION: The agenda provides a brief general description of each item of business to be considered or discussed. The recommended action does not indicate what action will be taken. The Board of Directors may take any action which is deemed appropriate. MEETING AUDIO: An audio recording of this meeting is available within 24 hours after adjournment of the meeting. Please contact the Clerk of the Board's office at (714) 593-7433 to request the audio file. NOTICE TO DIRECTORS: To place items on the agenda for a Committee or Board Meeting, the item must be submitted in writing to the Clerk of the Board: Kelly A. Lore, MMC, (714) 593-7433 / klore@ocsd.com at least 14 days before the meeting. FOR ANY QUESTIONS ON THE AGENDA, BOARD MEMBERS MAY CONTACT STAFF AT: General Manager: Jim Herberg, jherberg@ocsd.com / (714) 593-7300 Asst. General Manager: Lorenzo Tyner, ltyner@ocsd.com / (714) 593-7550 Asst. General Manager: Rob Thompson, rthompson@ocsd.com / (714) 593-7310 Director of Human Resources: Celia Chandler, cchandler@ocsd.com / (714) 593-7202 Director of Engineering: Kathy Millea, kmillea@ocsd.com / (714) 593-7365 Director of Environmental Services: Lan Wiborg, lwiborg@ocsd.com / (714) 593-7450 LEGISLATIVE AND PUBLIC AFFAIRS COMMITTEE Regular Meeting Agenda Monday, November 4, 2019 CALL TO ORDER PLEDGE OF ALLEGIANCE DECLARATION OF QUORUM: PUBLIC COMMENTS: If you wish to address the Committee on any item, please complete a Speaker’s Form (located at the table outside of the Board Room) and submit it to the Clerk of the Board or notify the Clerk of the Board the item number on which you wish to speak. Speakers will be recognized by the Chairperson and are requested to limit comments to three minutes. REPORTS: The Committee Chairperson 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: Consent Calendar Items are considered to be routine and will be enacted, by the Committee, after one motion, without discussion. Any items withdrawn from the Consent Calendar for separate discussion will be considered in the regular order of business. 1.2019-697APPROVAL OF MINUTES RECOMMENDATION: Approve Minutes of the Regular Meeting of the Legislative and Public Affairs Committee held October 14, 2019. Originator:Kelly Lore Agenda Report 10-14-2019 Legislative Committee Minutes Attachments: NON-CONSENT: 2.2019-696PUBLIC AFFAIRS UPDATE FOR THE MONTH OF OCTOBER 2019 RECOMMENDATION: Recommend to the Board of Directors to: Receive and file the Public Affairs Update for the month of October 2019. Originator:Jim Herberg Page 1 of 3 LEGISLATIVE AND PUBLIC AFFAIRS COMMITTEE Regular Meeting Agenda Monday, November 4, 2019 Agenda Report Outreach Report October 2019 Monthly Clippings October 2019 Attachments: 3.2019-698LEGISLATIVE AFFAIRS UPDATE FOR THE MONTH OF OCTOBER 2019 RECOMMENDATION: Recommend to the Board of Directors to: Receive and file the Legislative Affairs Update for the month of October 2019. Originator:Jim Herberg Agenda Report Federal Update - ENS Resources Federal Legislative Matrix - ENS Resources State Update - Townsend Public Affairs State Legislative Matrix - Townsend Public Affairs Grant Matrix Attachments: INFORMATION ITEMS: 4.2019-549CALIFORNIA ASSOCIATION OF SANITATION AGENCIES AND ASSOCIATION OF CALIFORNIA CITIES-ORANGE COUNTY RECOMMENDATION: Information Item. Originator:Jim Herberg Agenda ReportAttachments: 5.2019-550DRAFT 2020 LEGISLATIVE/REGULATORY PLAN RECOMMENDATION: Information Item. Originator:Jim Herberg Agenda Report Draft Legislative and Regulatory Plan 2020 Attachments: DEPARTMENT HEAD REPORTS: Page 2 of 3 LEGISLATIVE AND PUBLIC AFFAIRS COMMITTEE Regular Meeting Agenda Monday, November 4, 2019 CLOSED SESSION: None. OTHER BUSINESS AND COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS, IF ANY: BOARD OF DIRECTORS INITIATED ITEMS FOR A FUTURE MEETING: At this time Board members may request staff to place an item on a future agenda. ADJOURNMENT: The next Legislative and Public Affairs Committee meeting is scheduled for Monday, December 9, 2019 at 12:00 p.m. Page 3 of 3 Orange County Sanitation District LEGISLATIVE AND PUBLIC AFFAIRS COMMITTEE Agenda Report Administration Building 10844 Ellis Avenue Fountain Valley, CA 92708 (714) 593-7433 File #:2019-697 Agenda Date:11/4/2019 Agenda Item No:1. FROM:James D. Herberg, General Manager Originator: Kelly A. Lore, Clerk of the Board SUBJECT: APPROVAL OF MINUTES GENERAL MANAGER'S RECOMMENDATION RECOMMENDATION: Approve Minutes of the Regular Meeting of the Legislative and Public Affairs Committee held October 14, 2019. BACKGROUND In accordance with the Board of Directors Rules of Procedure,an accurate record of each meeting will be provided to the Directors for subsequent approval at the following meeting. RELEVANT STANDARDS ·Resolution No. OCSD 18-12 ATTACHMENT The following attachment(s)are included in hard copy and may also be viewed on-line at the OCSD website (www.ocsd.com) with the complete agenda package: ·Minutes of the Legislative and Public Affairs Committee meeting held October 14, 2019 Orange County Sanitation District Printed on 10/23/2019Page 1 of 1 powered by Legistar™ Orange County Sanitation District Minutes for the LEGISLATIVE AND PUBLIC AFFAIRS COMMITTEE Monday, October 14, 2019 3:30 PM Board Room Administration Building 10844 Ellis Avenue Fountain Valley, CA 92708 (714) 593-7433 CALL TO ORDER A meeting of the Legislative and Public Affairs Committee was called to order by Committee Chair Peter Kim on Monday, October 14, 2019 at 3:32 p.m. in the Administration Building of the Orange County Sanitation District. Chair Kim led the pledge of allegiance. DECLARATION OF QUORUM: A quorum was declared present, as follows: Present:Peter Kim, Allan Bernstein, Lucille Kring, Christina Shea, David Shawver and John Withers Absent:Erik Peterson STAFF PRESENT: Jim Herberg, General Manager; Robert Thompson, Assistant General Manager; Lorenzo Tyner, Assistant General Manager; Kathy Millea, Director of Engineering; Lan Wiborg, Director of Environmental Services; Kelly Lore, Clerk of the Board; Jennifer Cabral; Tanya Chong; Daisy Covarrubias; Al Garcia; Rebecca Long; Joshua Martinez; and Kelly Newell. OTHERS PRESENT: Brad Hogin, General Counsel; David French, ENS Resources (via teleconference); and Eric O’Donnell, Townsend Public Affairs (TPA). PUBLIC COMMENTS: There were no public comments received. REPORTS: Chair Kim did not provide a report. General Manager Jim Herberg introduced newly promoted Principal Public Affairs Specialist Daisy Covarrubias. Page 1 of 4 LEGISLATIVE AND PUBLIC AFFAIRS COMMITTEE Minutes October 14, 2019 CONSENT CALENDAR: 1.APPROVAL OF MINUTES 2019-639 Originator: Kelly Lore MOVED, SECONDED, AND DULY CARRIED TO: Approve Minutes of the Regular Meeting of the Legislative and Public Affairs Committee held September 9, 2019. Ayes:Peter Kim, Allan Bernstein, Lucille Kring, Christina Shea, David Shawver and John Withers Noes:None Absent:Erik Peterson Abstentions:None NON-CONSENT: 2.LEGISLATIVE AND PUBLIC AFFAIRS COMMITTEE MEETING DATES 2019-636 Originator: Jim Herberg Administration Manager Jennifer Cabral presented the item and responded to questions from the Committee. MOVED, SECONDED, AND DULY CARRIED TO: Approve proposed 2020 schedule of the Legislative and Public Affairs Committee Meeting dates and times: January no meeting, February 10 at 12:00 p.m., March 9 at 12:00 p.m., April 13 at 3:30 p.m., May 11 at 12:00 p.m., June no meeting, July 13 at 3:30 p.m., August no meeting, September 14 at 12:00 p.m., October no meeting, November 9 at 12:00 p.m., and December no meeting. Ayes:Peter Kim, Allan Bernstein, Lucille Kring, Christina Shea, David Shawver and John Withers Noes:None Absent:Erik Peterson Abstentions:None Page 2 of 4 LEGISLATIVE AND PUBLIC AFFAIRS COMMITTEE Minutes October 14, 2019 3.LEGISLATIVE AFFAIRS UPDATE FOR THE MONTH OF SEPTEMBER 2019 2019-551 Originator: Jim Herberg Rebecca Long, Senior Public Affairs Specialist reminded the Committee that the State of the District will take place on October 25 at 8:00 a.m. at Mile Square Park; and provided an update on the CalGovOps Mass Timber Grant, Draft Legislative Plan for 2020, and Cal Recycle's grant for the Foodwaste Digester project at Plant No. 2. Eric Sapirstein, ENS Resources, provided a PowerPoint presentation and a brief overview of key legislative activities for the month including: FY 2020 Appropriation Status, Extended NPDES Permit Terms and PFAS/PFOA: National Defense Authorization Act. Lan Wiborg, Director of Environmental Services provided an update to the Committee on the federal analysis and necessary legislation needed at the state level as well as working with a consortium to validate and sanction testing that is taking place. Eric O'Donnell, TPA, provided a PowerPoint presentation and overview on the current legislative schedule and deadlines, a recap of priority two-year bills, priority legislation status, 2019 OCSD led legislative proposals, and potential 2020 ballot measures including Split Roll Tax Reform which amends Proposition 13 and Natural Resources/Climate Change/Wildfire Bonds. WITHOUT OBJECTION ACTION TAKEN TO: Recommend to the Board of Directors to: Receive and file the Legislative Affairs Update for the month of September 2019. 4.PUBLIC AFFAIRS UPDATE FOR THE MONTH OF SEPTEMBER 2019 2019-648 Originator: Jim Herberg Brad Hogin provided information on AB 1486 (Ting) including the requirements of disposal of surplus land by a local agency in California and the minimal impact of this bill to the Sanitation District. Ms. Cabral provided a brief update on the events and activities that took place during the month and announced that the GWRS Final Expansion Groundbreaking will take place at OCWD on November 8 at noon. She also mentioned that as part of workforce planning efforts, Human Resources will be attending the Sanitago Canyon Career Fair. Ms. Cabral also stated that a productive meeting with Garry Brown from OC Coastkeeper was recently held. WITHOUT OBJECTION ACTION TAKEN TO: Recommend to the Board of Directors to: Receive and file the Public Affairs Update for the month of September 2019. Page 3 of 4 LEGISLATIVE AND PUBLIC AFFAIRS COMMITTEE Minutes October 14, 2019 5.PUBLIC AFFAIRS YEAR-END REPORT 2019-649 Originator: Jim Herberg Ms. Cabral provided a PowerPoint presentation on the Public Affairs Year-End Report which included the Public Affairs portfolio of promotional material created within the past year. The Committee Chair commended staff and complemented the graphic designer on their creative and innovative work. WITHOUT OBJECTION ACTION TAKEN TO: Recommend to the Board of Directors to: Receive and file the Public Affairs Year-End Report for Fiscal Year 2018/19. INFORMATION ITEMS: None. DEPARTMENT HEAD REPORTS: None. OTHER BUSINESS AND COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS, IF ANY: David Shawver announced that he recently attended a tour of the Irvine Ranch Water District and attended the 75th Anniversary Open House at the Costa Mesa Sanitary District. BOARD OF DIRECTORS INITIATED ITEMS FOR A FUTURE MEETING: Director Shawver expressed interest in forming a committee for the better wastewater collection treatment and recycling academy which would host and educate neighboring cities and agencies, and possibly creating a citizen's academy. Staff will come back with ideas and proposals for discussion in the near future. ADJOURNMENT: At 4:45 p.m. Chair Kim adjourned the meeting to the next Legislative and Public Affairs Committee meeting to be held on Monday, November 4, 2019 at 12:00 p.m. Submitted by: __________________ Kelly A. Lore, MMC Clerk of the Board Page 4 of 4 Orange County Sanitation District LEGISLATIVE AND PUBLIC AFFAIRS COMMITTEE Agenda Report Administration Building 10844 Ellis Avenue Fountain Valley, CA 92708 (714) 593-7433 File #:2019-696 Agenda Date:11/4/2019 Agenda Item No:2. FROM:James D. Herberg, General Manager SUBJECT: PUBLIC AFFAIRS UPDATE FOR THE MONTH OF OCTOBER 2019 GENERAL MANAGER'S RECOMMENDATION RECOMMENDATION: Recommend to the Board of Directors to: Receive and file the Public Affairs Update for the month of October 2019. BACKGROUND Staff will provide an update on recent public affairs activities. RELEVANT STANDARDS ·Maintain influential legislative advocacy and a public outreach program ·Build brand, trust, and support with policy makers and community leaders ·Maintain collaborative and cooperative relationships with regulators, stakeholders and neighboring communities ·Listen to and seriously consider community input on environmental concerns PROBLEM Many Californians are not aware of the Orange County Sanitation District (Sanitation District)and the important work we do to keep the environment clean by using the wastewater byproducts to create energy,water recycling,and the use of biosolids.In general,the community and businesses do not realize that when they improperly dispose of waste into the sanitation system,it can negatively affect the work we do and the quality of water we supply for the Groundwater Replenishment System. PROPOSED SOLUTION By providing tours,community outreach,education,and general communication via the Sanitation District’s website,social media outlets,and mainstream media,we have the ability to educate the community,local agencies,and businesses on the What2Flush program,energy production,water recycling,biosolids,and our source control program.This,in turn,results in a better quality of wastewater. Orange County Sanitation District Printed on 10/24/2019Page 1 of 3 powered by Legistar™ File #:2019-696 Agenda Date:11/4/2019 Agenda Item No:2. TIMING CONCERNS N/A RAMIFICATIONS OF NOT TAKING ACTION If we do not educate the community,local agencies,and area businesses about the Sanitation District,we lose an opportunity to educate thousands of people about our plants,source control,and the wastewater industry as a whole. PRIOR COMMITTEE/BOARD ACTIONS N/A ADDITIONAL INFORMATION October 2019 Activity ## of Guests OCSD/OCWD Tours 7 125 OCSD Tours 12 231 Speaking Engagements 4 109 Events 3 350 Current Activities - October 2019 Water Professionals Week October 7-11 This year the Sanitation District participated in celebrating our water professionals by posting on our social media sites and internal website highlighting a few of our staff.Water Professionals Week is dedicated to honoring the important role that water and wastewater industry professionals play in our communities to ensure that we have clean,safe drinking water,effective wastewater treatment,and innovative water recycling techniques. Placentia Heritage Festival The Sanitation District hosted a booth at the Placentia Festival on October 12 where we spoke to residents about the Sanitation District and handed out What 2 Flush educational material. Costa Mesa Sanitary District’s 75th Anniversary Open House On October 12,the Sanitation District attended the 75th Anniversary Open House for the Costa Mesa Sanitary District where our Board Chair presented a certificate of commendation.The event also brought California Legislators and staff to present resolutions in celebration of their 75th Anniversary. Orange County Sanitation District Printed on 10/24/2019Page 2 of 3 powered by Legistar™ File #:2019-696 Agenda Date:11/4/2019 Agenda Item No:2. Construction Outreach Plant No. 2 Outreach As part of the Plant No.2 Neighborhood Outreach program,the neighbors were invited to tour the facility and learn about our operations and the upcoming construction.We had 4 people join the October 18 tour.We also distributed the seventh issue of the Neighborhood Connection Newsletter which goes out to approximately 1,500 of our neighbors in Huntington Beach,Costa Mesa,and Newport Beach. State College Sewer Construction Project The project team participated in two City of Anaheim meetings to provide an update on the State College Sewer Project.The meetings were hosted by the City to provide an update to the public on various topics,our project being one of them.Attending these meetings allows us to connect to the public we serve and hear first-hand how they are dealing with the construction.We appreciate the City of Anaheim allowing us the opportunity to speak directly to their residents. CEQA N/A FINANCIAL CONSIDERATIONS N/A ATTACHMENTS The following attachment(s)are included in hard copy and may also be viewed on-line at the OCSD website (www.ocsd.com) with the complete agenda package: ·Outreach Report October 2019 ·Media Clips October 2019 Orange County Sanitation District Printed on 10/24/2019Page 3 of 3 powered by Legistar™ Outreach Report October 2019 Date Event Attendees 10/1/2019 OC Coastkeeper Tour 1 10/2/2019 CSUF Nursing tour 24 10/3/2019 CBIZ LA and guest tour 2 10/7/2019 UCI Tour 35 10/8/2019 Vanguard Nursing Tour 30 10/8/2019 Speaking Engagement - Project Access 4 10/9/2019 Speaking Engagement - Anaheim District 4 Community Meeting 25 10/9/2019 American Univ. of Health Nursing tour 21 10/10/2019 Speaking Engagement - Anaheim District 5 Community Meeting 40 10/10/2019 CSUF Nursing tour 13 10/11/2019 Edison HS Tours 38 10/11/2019 Speaking Engagement - UCI 40 10/12/2019 Placentia Heritage Festival 200 10/15/2019 Cypress College Tour 20 10/16/2019 CSUF Nursing tour 12 10/16/2019 American Univ. of Health Nursing tour 25 10/18/2019 Plant 2 Tour 10 10/22/2019 CSULB Nursing Tour 25 10/24/2019 CFCC Tour 25 10/25/2019 OCSD 2019 State of the District and Tour 100 10/26/2019 Santiago Canyon College Career Fair 50 10/28/2019 Loara High School Tours 50 10/30/2019 OCC Lab Tour 20 10/30/2019 UCI Tour 10 OCSD Public Affairs Office Monthly News Clippings October 2019 Table of Contents GWRS…………………………………………… ................................ PAGE 1 October 7, 2019 A Wealthy California enclave has some of the purest tap water in the county, and it starts out as sewage Business Insider October 10, 2019 Orange County Water District Designated Utility of the Future Today at WEFTEC 2019 California Water News Daily HUMAN INTEREST…………………………………………… ................. PAGE 7 September 24, 2019 OCC’s new Mariner Training Center breaks ground in Newport; completion expected in 2021 Daily Pilot September 26, 2019 Report on Poseidon desalination plant in Carlsbad, California shows poor performance and high costs Orange County Breeze September 27, 2019 County Sanitation District honored with industry award Daily Pilot October 2, 2019 The biggest likely source of microplastics in California coastal waters? Our car tires Los Angeles Times October 11, 2019 Pilot Plant Aims to Ease Water Need Daily Breeze SPILLS.…………………………………………… ................................ PAGE 26 September 25, 2019 Costa Mesa Denny’s gets heat over sewage spills Daily Pilot September 26, 2019 Many undeterred by water closure at Newport’s North Star Beach after 750-gallon sewage spill Daily Pilot TWITTER POSTINGS …………………………………………… ............. PAGE 32 FACEBOOK POSTINGS ……………………………………………………PAGE 33 INSTAGRAM POSTINGS……………………………………………………PAGE 36 1 A wealthy California enclave has some of the purest tap water in the country, and it starts out as sewage Aria Bendix October 7, 2019 Whenever I visit my hometown of Orange County, California, I get to sip some of the purest drinking water in the US. The quality is sometimes hard to spot, since many drinking-water contaminants are odorless, tasteless, and invisible to the human eye. Even in cities where the water is contaminated with lead, residents have reported that their taps are crystal clear. Business Insider October 7, 2019 2 But in Orange County, the water is actually as clean as it looks. It wasn't always that way. In his new book, "Troubled Water," the activist Seth Siegel explains how Orange County's taps went from having too much saltwater to spouting the purest drinking water in the US. Saltwater was seeping into Orange County's freshwater supply Orange County is just 35 miles from Los Angeles, but it relies on a different water system to serve its nearly 3.2 million residents. About a decade ago, that system begin churning out the most pristine water the country had ever seen. From about the 1930s to the 1970s, farmers overpumped water through Orange County's underground aquifers, the bodies of porous rock that act as a natural filtration system. The process allowed seawater to seep into the county's freshwater supply — something known as saltwater intrusion — and threatened to expose residents to excess sodium in their taps. Though scientists are still studying the health effects of too much sodium in drinking water, early research suggests it could lead to hypertension and chronic kidney disease. Orange County prevented this scenario by getting people to drink recycled water instead. Now, Orange County tap water starts out as sewage The Groundwater Replenishment System in Fountain Valley, California, converts Orange County's sewage water into drinking water. 3 In 2008 the county unveiled a Groundwater Replenishment System, which purifies wastewater from the local sewage system and turns it into clean drinking water. Many cities have struggled to implement such a system because of pushback from local residents who aren't keen on drinking water that originated in their toilets. But more than 4 million Americans — including residents of Dallas, Phoenix, and Atlanta — now get at least some of their drinking water from treated sewage. But Orange County's process is unique because it filters for inorganic contaminants — things like pesticides and industrial chemicals that are hard to detect in water and may still be allowed under federal law. The US Environmental Protection Agency has drinking-water regulations for more than 90 contaminants, but Siegel said more than 100,000 chemicals and pharmaceutical compounds escaped regulation. "What makes Orange County so special is they say: 'OK, fine, the federal rules are X. We don't really care. We're going to go so far beyond those rules that we're going to make the purest water flow we can possibly have,'" he told Business Insider. Water gets filtered through invisible holes and zapped with UV light Orange County's filtration process begins like most "toilet to tap" systems in the US. Household sewage arrives at local wastewater treatment facilities, where it's filtered by screens. Then friendly bacteria are added to get rid of lingering organic material (i.e., human waste). Most communities allow this treated water to be discharged into public waterways, but Orange County's process doesn't stop there. Next, the water heads to the Groundwater Replenishment System, where it passes through another set of filters with holes so tiny that they're invisible to the human eye. Mike Wehner, the assistant general manager at the Orange County Water District, told Siegel the holes were one one-hundred fiftieth the width of a human hair. 4 Orange County's underground filtration system removes particles, bacteria, and viruses from pretreated sewage water and pumps them through stainless steel pipes. From there, the water goes through reverse osmosis, a process that extracts salt, minerals, chemicals, and pharmaceutical compounds. The water that emerges is free of minerals, so it's slightly acidic, which means it can corrode local pipes. So the county adds crushed limestone back into the water supply to neutralize the pH. From there, it disinfects the water by zapping it with ultraviolet light. This is meant to ensure that not a single molecule of waste can survive. "It's not fair to say that a contaminant could never possibly be in Orange County's water," Siegel said. But the community's taps, he added, are "as pure as pure can be." The process could be replicated all over the country Orange County's "toilet to tap" system was expensive — about $480 million to get off the ground. But Siegel argues in his book that almost any city can replicate the process for less. 5 Water from the Groundwater Replenishment System in Fountain Valley. In many poor communities, he said, water fees aren't actually used to improve the local water system by investing in water infrastructure and technology. Most of these fees, he said, go toward the municipal budget. "Flint actually had the highest water fees in the United States when the crisis broke," Siegel said. "What they did wrong was they diverted money from water fees to the general budget." Based on his conversation with Wehner, Siegel estimates that having water as pure as Orange County's would cost communities an extra $33 a person a year. (That's after repaying any loans used to build the system and not including state and federal subsidies.) As filtration technologies become more advanced, he said, that cost could drop lower. "Now that Orange County has led the way and spent fortunes of money to figure it out, everybody can adopt more or less the Orange County system at not a phenomenal expense," Siegel said. "Why isn't everyone doing it? The answer is: because nobody's pushing them to." 6 Orange County Water District Designated Utility of the Future Today at WEFTEC 2019 By California Water News Daily on October 10, 2019 The Water Environment Federation’s (WEF) 92nd annual technical exhibition and conference (TEC), held Sept. 24 at McCormick Place in Chicago, has honored the Orange County Water District (OCWD) as the Utility of the Future Today (UotFT). This award celebrates the achievements of water utilities that transform from the traditional wastewater treatment system to a resource recovery center and who provide leadership in the overall sustainability and resilience of the communities they serve. “The Orange County Water District is extremely proud of this new designation,” said OCWD President Vicente Sarmiento. “Our agency has pioneered groundwater management for more than 80 years and water reuse for nearly 40 years. OCWD’s Board of Directors and staff take on the water challenges of today and prepare to meet the region’s water demands for generations to come. Solid science and state-of-the-art technologies guide our decisions.” Like many California water agencies, OCWD realized long ago that they must prepare for a future replete with a shrinking source of water and an ever-growing population. To meet the challenges of groundwater depletion and unreliable surface water supplies, plus the more recent problem of seawater intrusion from the Pacific Ocean, OCWD in partnership with the Orange County Sanitation District, created the Groundwater Replenishment System (GWRS). Launched in 2008, the GWRS is the world’s largest advanced water purification project of its kind. The system purifies wastewater and provides 100 million gallons of near-distilled quality water each day. The GWRS has been replicated in both Singapore and Australia as well as several U.S. cities and is considered the gold standard for both indirect and direct potable reuse projects. Utility of the Future Today designation was launched in 2016 by the National Association of Clean Water Agencies (NACWA), WEF, the Water Research Foundation (WRF) and the WateReuse Association, along with input from the U.S. Environmental Protection Agency (EPA).The consortium of awarding agencies have indicated that 43 utilities across the United States have been recognized this year that recover resources from wastewater, engage in their community, form unique partnerships, and build an internal culture of innovation. A total of 118 utilities have been recognized since the program started. “Each of the Utility of the Future Today honorees represent a transformational approach to utility management that results in a ripple effect of benefits,” said WEF Executive Director Eileen O’Neill. “We are delighted to celebrate their impact and proud to recognize their leadership in water sector innovation.” Numerous Orange County water agencies depend on the GWRS for up to 77 percent of their water demands including: Anaheim, Buena Park, Costa Mesa, Cypress, Fountain Valley, Fullerton, Garden Grove, Huntington Beach, Irvine, La Palma, Los Alamitos, Newport Beach, Orange, Placentia, Santa Ana, Seal Beach, Stanton, Tustin, Villa Park, Westminster and Yorba Linda. California Water News Daily October 10, 2019 7 OCC’s new Mariner Training Center breaks ground in Newport; completion expected in 2021 By LILLY NGUYEN SEP. 24, 2019 4:12 PM Daily Pilot September 24, 2019 8 Orange Coast College is building bridges in Newport Beach — literally. Construction on the Costa Mesa college’s new Professional Mariner Training Center is officially underway following a groundbreaking ceremony Monday afternoon, and it will connect to the marine program’s sailing and rowing base at Newport Harbor — just across the street — by a skyway bridge over West Coast Highway. It also will have simulations of the bridge of a ship. Once completed in fall 2021, the two-story, 12,000-square-foot training center will be home to the college’s growing Professional Mariner Program, which currently serves more than 1,500 students and adults annually, the college said. The $22-million project is funded by Measure M, a Coast Community College District initiative approved by voters in 2012 for facilities rehabilitation and construction. “It’s a demonstration of the support that Orange Coast College has from this community,” said OCC President Angelica Suarez. “From the passage of [Measure] M ... to coming out this afternoon for the groundbreaking, it just demonstrates the incredible support that the college enjoys from the community it serves.” The new facility will include classrooms, a laboratory space, a full bridge simulator, a radar training room, a conference room and a student lounge. Sarah Hirsch, newly appointed manager of the college’s community boating program, said the school offers a radar class to students on the main campus in Costa Mesa, but the new training room will bring the class to the program’s primary location on the water. 9 Students will have access to simulator units in the lab space, Hirsch said, and the full bridge simulator will be outfitted to look like the bridge of a ship, which serves as the command and control center. “On the ship, you’d have a big window and a lot of electronic equipment right there to navigate,” Hirsch said. “To simulate that, a number of large screens will simulate the view out of the window, and we could actually work with our students to navigate out of, say, the Port of Long Beach or Los Angeles and they could practice leaving or managing in heavy weather.” The project is more than 15 years in the making. Brad Avery, OCC’s director of marine programs and a Newport Beach city councilman, said the concept began when seven contiguous lots went up for sale across the street from the sailing and rowing base. After the Orange Coast College Foundation tried unsuccessfully to buy the lots, the Orange County Sanitation District reached out to the sailing program to discuss installing a pump station at what would later become the construction site for the new training center, with the remaining land allocated to the college, Avery said. The Coast Community College District bought the land from the sanitation district in 2017. Avery said the new facility will “supercharge” the program and provide a bigger presence in a credit program for students interested in maritime careers. “Whether it’s on yachts, work boats, tug boats, military sea lift command or transferring to a four-year maritime college, we’re able to offer that with this new building,” Avery said. “That’s what it’s really about.” Avery added that members of the public who participate in the program will be able to use the facility as well. 10 “It’s a win-win for the community on both sides,” he said. “We’re training local kids for jobs in an avocation that they’re passionate about, but we’re also open to all community members to participate in the classes.” 11 Report on Poseidon desalination plant in Carlsbad, California shows poor performance and high costs By: courtesy On: September 26, 2019 In: Community, Environment Tagged: Carlsbad CA, Orange County CA, Poseidon desalination plant, San Diego County Water Authority The San Diego County Water Authority’s 2019 fiscal year report on the Carlsbad ocean desalination plant shows poor performance at the facility. According to the report, Poseidon paid a penalty of almost $2 million for non-delivery of water, reaffirming concerns around affordability and reliability raised by community advocates in Orange County over the company’s proposal to build a similar desalination plant in Huntington Beach. The report showed that water from the Carlsbad facility was far more costly than average, at a cost of $2,685 per acre foot, and is expected to increase 5 percent next year. The Authority (SDCWA) paid an astonishing total of $121 million for Poseidon’s desalinated water. Orange County Breeze September 26, 2019 12 Alarmingly, the report also showed that Poseidon received five citations for violating its wastewater discharge permit at the Carlsbad plant over the last year. Desalination plants like Poseidon’s discharge extremely salty, chemical-laden brine into the sea that can harm ocean plants and animals. Poseidon also failed to deliver enough water to meet the area’s needs during the 2018-2019 contracted period, falling short by more than 5,000 acre feet. Despite this, the report indicated that Poseidon received a ‘Management Fee’ from the Water District based on their performance and the amount of the fee has not been disclosed. “This is more evidence that Poseidon dealt Carlsbad a bad deal with its desalination plant and is trying to repeat the corporate boondoggle in Huntington Beach,” said Ray Hiemstra, Associate Director of Programs of Orange County Coastkeeper. “Orange County and state leaders should take a hard look at this report as a cautionary tale and really consider what it would do to working families in Orange County who need affordable drinking water.” Poseidon’s proposal for a $1 billion desalination plant in Huntington Beach is currently before the Santa Ana Regional Water Quality Control Board, who will likely issue a tentative decision in late November or early December. UCLA recently found that the Huntington Beach plant would make water less affordable for low-income households in Orange County, causing moderate to severe rate increases. A study by the Municipal Water District of Orange County found that the Poseidon’s desalination plant would be the most expensive of all water supply options for Orange County, and the most financially risky. “All signs indicate that Poseidon’s desalination plant is a terrible idea. UCLA’s study shows it will raise water bills for Orange County families, and this report confirms that Carlsbad communities are already paying the price,” said Andrea Leon-Grossmann, Deputy Director of AZUL. “It is an injustice to ask working-class families to pay more for water, only to benefit Wall Street investors.” Poseidon’s recent corporate behavior has also been raising questions. While the $1 billion sale of the Carlsbad plant to international investment corporation Aberdeen Standard was reported in May, the sale was left unmentioned in the SDCWA report. The terms of the sale remain unknown, raising an important question of how to reconcile the profit from the sale against the $400 million public subsidy Poseidon has applied for in Huntington Beach. Moreover, Poseidon has been spending millions lobbying state officials and making campaign contributions, as well as hiring influential lobbyists including former Senator Barbara Boxer and Axiom Advisors, a lobbying firm with ties to Governor Newsom. Poseidon has also been linked to a front group called OCWISE. “Orange County doesn’t need—and shouldn’t have to pay for—Poseidon’s boondoggle,” said Susan Jordan, Executive Director of California Coastal Protection Network. “Orange County should look for cleaner, cheaper and common sense solutions like recycling water and capturing rainwater.” For more information, please visit https://www.californiadesalfacts.org/ 13 September 27, 2019 County Sanitation District honored with industry award The Orange County Sanitation District was recently honored by national water sector organizations through the Utility of the Future Today recognition program, according to a news release. The district, based in Fountain Valley, was honored for its excellence in watershed stewardship. “We are honored to be recognized for the innovations in watershed stewardship that allow us to protect the public health and the environment while providing a valuable resource,” district board Chairman David Shawver said in a statement. “Initiatives such as our dry weather urban runoff program that protects the beaches and the groundwater replenishment system that provides source water for the largest indirect potable reuse program in the world ensures our ratepayers are getting top-notch service while providing a tangible benefit beyond wastewater treatment.” Daily Pilot September 27, 2019 14 The biggest likely source of microplastics in California coastal waters? Our car tires A new study finds that tire dust and fragments appear to be the largest source of microplastics polluting San Francisco Bay, and it is likely that the same is true for other coastal waters in California. (David Madison / Getty Images) By ROSANNA XIASTAFF WRITER OCT. 2, 2019 8:15 AM BERKELEY — Driving is not just an air pollution and climate change problem — turns out, it just might be the largest contributor of microplastics in California coastal waters. Los Angeles Times October 2, 2019 15 That is one of many new findings, released Wednesday, from the most comprehensive study to date on microplastics in California. Rainfall washes more than 7 trillion pieces of microplastics, much of it tire particles left behind on streets, into San Francisco Bay each year — an amount 300 times greater than what comes from microfibers washing off polyester clothes, microbeads from beauty products and the many other plastics washing down our sinks and sewers. These tiny plastics, invisible to the naked eye, have been vilified for tainting water and wildlife but are notoriously difficult to study. They’re everywhere and seemingly come from everywhere. They wash into the ocean in all different shapes and sizes, many covered with dyes and chemicals. Scientists and labs across the state, the nation and the world haven’t even agreed on how exactly to measure or sample or study them. So a team of researchers, led by the San Francisco Estuary Institute and the 5 Gyres Institute, a nonprofit research group focused on reducing plastic pollution, set off to create an inventory of sorts to identify all the ways these different microplastics were getting into San Francisco Bay. They analyzed hundreds of samples from fish, sediment, surface water, wastewater and stormwater runoff and tried to trace the origins of all these particles. Mark Gold, who heads the state’s Ocean Protection Council and was recently appointed the state’s deputy secretary for ocean and coastal policy, said he was surprised that car tire particles were such a large source. “I’m so used to thinking of the toxics that come from urban runoff and not the actual physical particles from something like tire dust,” said Gold, who has worked for 30 years on cleaning up California’s beaches and oceans from toxic chemicals. “But the sheer number of particles … the scope and scale of this problem makes 16 you realize that this is something that’s definitely worth looking at a great deal more seriously.” Once plastic enters the environment, it breaks down into smaller and smaller pieces but never goes away. The tiny particles make their way into the ocean, into the stomachs of marine animals, and ultimately become part of the food and water people consume. A recent UC Davis study sampled seafood sold at local markets in Half Moon Bay, Calif., and found that one-quarter of the fish and one-third of the shellfish contained plastic debris. A survey comparing 150 tap-water samples from five continents found synthetic microfibers in almost every sample — 94% in the United States. Microplastics have been found in Lake Tahoe, in the deep, deep ocean — even in the Arctic, one of the most remote regions in the world. A scientific review of 52 studies recently concluded that humans on average consume a credit card’s worth of microplastic each week. The European Union is trying to classify microplastics as a contaminant that is unsafe at any level of discharge. “We’re using more and more plastic and it’s showing up as a footprint on the seafloor,” said Jennifer Brandon, a microplastics biologist at UC San Diego’s Scripps Institution of Oceanography whose research found that since the 1940s, the amount of microscopic plastics has doubled about every 15 years. “It begs the question: Is this what our civilization is going to be remembered for?” 17 Brown pelicans at San Francisco Bay in Sausalito, Calif. Trillions of microplastic particles, invisible to the naked eye, dump into the bay every year and work their way through fish and birds and the rest of the food chain. (Eric Risberg / Associated Press) Microplastics are commonly defined as plastic particles smaller than 5 millimeters and classified into five general shape categories: foam, “sphere or pellets,” such as microbeads; jagged “fragments” from larger plastic debris; “film,” such as breakdowns from plastic bags and wraps; and “fibers,” from the likes of textiles, fishing gear and even cigarette filters. Rubber is also considered plastic, both natural (isoprene) and synthetic (styrene butadiene). These particles often contain harmful chemical additives such as flame retardants or plasticizers, but the overwhelming diversity in size and chemical composition also makes toxicity difficult to predict, let alone study. 18 What’s missing right now is a systematic approach to evaluating all these different microplastics. When every study does it differently, it’s hard to compare results, said Susanne Brander, an environmental toxicologist at Oregon State University. As for rubber fragments, they can be toxic because of the fossil-fuel-associated compounds that they’re likely picking up. The San Francisco findings, Brander added, are a window into other populated coastal areas with so many bridges and roads crisscrossing the watershed. San Francisco Bay is a good laboratory for investigating this emerging contaminant in an urban environment. Essentially a bathtub surrounded by more than 7 million people, it ends up trapping many of the contaminants before they disperse into the greater ocean. In the latest study, a three-year, $1.1-million effort by a large team of researchers, microplastics from almost 400 samples were identified and analyzed with microscopes, tweezers and lasers in an ecotoxicology lab at the University of Toronto. By establishing new standards for doing a large-scale study of a major estuary and creating a baseline for all these diverse plastics, scientists found clues to where all the particles were coming from. “We wanted to come up with methods that could be duplicated anywhere in North America — to measure the sources, pathways and fates of those various particles … so that we could standardize a definition of the problem,” said Warner Chabot, executive director of the San Francisco Estuary Institute, an independent science think tank whose board draws both from regulating agencies and those being regulated for water quality, as well as public interest groups. 19 “The goal was to provide the data and the science to define and quantify the microplastic problem and inform policy solutions.” Researchers collected anchovies and smelt from six sites in the bay and found they had higher particle counts — particularly of man-made microfibers — than those tested in more undeveloped areas. These prey fish are a critical link between contamination in sediment and seawater and the rest of the food web — an indicator of exposure to larger predators and ultimately humans. Eight wastewater treatment plants in the Bay Area were also examined. More than 90 million microparticles are discharged into the ocean every day through the facilities, the report said. Sediment samples were also collected from 20 sites. Scientists found that many microplastics do indeed sink and accumulate on the seafloor, and that the highest concentrations of microparticles were in areas that received large volumes of wastewater and stormwater discharges. Public attention and scientific study, they said, need to focus beyond just the plastic floating on the surface. Scientists were also taken aback by the sheer amount of particles coming from stormwater runoff, as well as the “black rubbery fragments” that made up almost half of all the particles collected from these samples. “No one had looked at all the water rushing off the streets during rainfall events to see whether that had plastics in it,” said estuary institute scientist Rebecca Sutton, the study’s lead author. “That makes all that driving we do something to think about, not just in the Bay Area, but any setting where there are cars.” 20 Researchers in California have been working on documenting the presence of microplastics since as early as the 1990s. Studies by the Southern California Coastal Water Research Project found that tiny pre-production plastic pellets, or “nurdles,” have become a ubiquitous presence in Southern California beach sand. The SCCWRP is now working with officials across the state to standardize the way microplastics are measured and studied. There’s been growing movement on the issue since two state Senate bills, signed into law in September 2018, called for the State Water Quality Control Board to develop plans for quantifying microplastic particles in drinking water by 2021, and for the Ocean Protection Council to come up with a statewide strategy on the problem. At a gathering Wednesday in Berkeley, top state environmental regulators, policymakers and scientists examined the latest findings. They talked about the need for better filters in washing machines that could trap microfibers, and the benefits of more advanced filtration at wastewater treatment plants Eliminating plastic at its source will always be the ultimate, though somewhat unrealistic, solution. While people can stop using plastic straws, states can ban microbeads and companies can redesign their shrink wrap, reducing the world’s dependence on automobiles is a tougher nut to crack. “The answer to many of these stormwater deposits is ... thinking about public transit, getting people out of their cars — all the things that we need to do anyway are just exacerbated by this issue,” said Jared Blumenfeld, who heads the California Environmental Protection Agency. 21 “Making this report actionable is about legislation, it’s about individual behavior change, it’s about more corporate responsibility. Together, we can make a big change.” Another idea discussed Wednesday was the use of so-called rain gardens and other nature-based infrastructure that can trap polluted runoff before it reaches the ocean. Designed to remove well-known toxics and metals — while bringing more nature back into the city — a local rain garden was found to capture more than 90% of the microplastics. “The role of greening cities becomes part of the overall solution.… It’s all part of a complex dance,” Chabot said. “Plastic pollutes the air we breathe, the water we drink, the food we eat. Plastics are a big part of the climate change problem…. Since California is the fifth-biggest economy on Earth, we have the potential to lead the planet with solutions.” 22 PILOT PLANT AIMS TO EASE WATER NEED (Guests tour the newly unveiled Regional Recycled Water Advanced Purification Center, a $ 17 million demonstration plant for purifying wastewater into potable water, at the Metropolitan Water District of Southern California water treatment plant in Carson on Thursday.) By Martin Wisckol mwisckol@scng.com @MartinWisckol on Twitter Daily Breeze October 11, 2019 23 In its effort to establish a new, drought-proof source of water that could serve a half million Southern California homes, the Metropolitan Water District on Thursday unveiled a $ 17 million pilot plant that will bring wastewater to drinkable standards. Water from the trial project in Carson will not be piped to customers. It will be put back with regularly treated wastewater and pumped into the ocean. But it’s a key step toward construction of a working plant that would reduce the region’s dependence on imported water. “Mother Nature doesn’t just give us water she recycles the water,” said Rep. Grace Napolitano, D- Norwalk. “We do it technologically.” Napolitano, a longtime advocate for recycling water, was among a host of speakers at Thursday’s grand opening of the pilot plant. Some 300 water officials, elected officials and environmentalists attended. Like a similar project in Orange County that already recycles enough wastewater to serve about 350,000 homes, the Carson project filtration system would use reverse osmosis as a key part of the purification process. As in Orange County, the resulting potable water would be used to recharge groundwater basins. But Metropolitan officials also foresee the possibility of piping purified wastewater directly to customers in a process some dub “toilet-totap,” skipping the step of first putting it into the ground or into a reservoir for mixing with other water supplies, as is done in San Diego. So far, nowhere in the state has such a direct potable reuse system. Furthermore, California doesn’t yet have a process for approving such a plant. “We want to help establish that process in the state,” said John Bednarski, Metropolitan’s chief engineer. “We’re kind of leading the way.” While the trial project will produce 500,000 gallons per day, the full-size plant as envisioned would purify 150 million gallons. Estimated cost of a final plant is $ 3.4 billion, with construction beginning as early as 2024 and completion as soon as 2027 if all goes smoothly with the pilot, Bednarski said. Follow the leader The state’s 2011-2015 drought underscored Southern California’s vulnerability to inadequate water supplies. The four-year stretch was California’s driest on record, with some experts predicting that climate change will make such extreme droughts more common. 24 Southern California relies on the Metropolitan Water District to import 45% of the water supplied to 19 million residents in six counties. New local sources of water provide buffers against both local droughts and decreased availability of flows from Northern California and the Colorado River. The Orange County Water District has been a leader in recycling wastewater for potable use, launching its plant operations in 2008. After purifying the water at its Fountain Valley plant, it pumps 100 million gallons into the groundwater basin daily. Member water agencies then draw the water back out, give it final treatment and pipe it to customers. Already billed as “the world’s largest water purification system for indirect potable reuse,” the Orange County system is about to undergo a $ 292 million expansion that would increase its daily capacity to 130 million gallons a day. That would allow potable recycled water to serve 1 million people nearly a third of the county’s population. Construction is expected to begin before the end of the year, with completion in 2023. The cost of Orange County’s purified wastewater is $ 602 an acre-foot ( 326,000 gallons), far cheaper than imported water at $ 1,100 an acre-foot, according to Orange County Water District statistics. The cost of purified water that would be produced at the Carson plant is pegged at $ 800 an acre-foot but the 60 miles of new pipeline needed to distribute it would bring the cost to $ 1,800, according to Bednarksi. It would still be worth it because of the hedge against drought and against earthquakes shutting down import lines, he said. Opponents of desalination plants proposed for El Segundo, Huntington Beach and Doheny Beach have pointed to the Carson proposal as one reason the desalting approach isn’t needed. But Mickey Chadhuri, Metropolitan’s assistant chief of operations, doesn’t see it that way. “There’s still plenty of room for local projects,” he said. Bednarski, meanwhile, dismissed concerns that the Carson project could jeopardize the availability of Metropolitan subsidies for local water projects such as desalination plants. 25 “They’re two separate pots of money,” he said. Current plans for the Poseidon plant are contingent on the project receiving a Metropolitan subsidy, with the El Segundo and Doheny proposals expected to also seek such assistance. 26 Costa Mesa Denny’s gets heat over sewage spills Daily Pilot September 25, 2019 27 The Denny’s at 3170 Harbor Blvd. in Costa Mesa has had nine sewer overflows since 1997, according to the Costa Mesa Sanitary District, which blames grease clogging the pipe that connects the restaurant’s plumbing to the city’s sewer main. Denny’s owner blames people throwing excessive paper down the toilet. (Faith E. Pinho) By FAITH E. PINHO SEP. 23, 2019 5:40 PM According to the Costa Mesa Sanitary District, the local Denny’s does. The sanitary district board of directors, which oversees trash and sewer services in Costa Mesa and parts of Newport Beach, held a special hearing Monday morning to address sewer overflows from the Denny’s restaurant at 3170 Harbor Blvd. in Costa Mesa. The board ordered Denny’s to flush out its system once a month with a powerful hydro jet. If a significant overflow happens again, the board said, it would require Denny’s to install a grease trap. In a 3-2 vote, with board Vice President Robert Ooten and member Michael Scheafer dissenting, the board eased back from staff’s recommendations and gave the restaurant one last chance to clean up its act. “We’re trying to be business-friendly,” board member Arthur Perry said. According to district staff, Denny’s has had nine sanitary sewer overflows, in which untreated sewage spills onto the street, since 1997. The most recent were in May and January. No other restaurant in the district has experienced so many sewer overflows, district General Manager Scott Carroll said. The sanitary district said grease clogged a pipe and obstructed sewage flow, leading to the spills. District staff tried to prevent overflows at Denny’s several times in the past 22 years, at times requiring that the restaurant video-record its pipe innards and increase its hydro jet cleanings from every three months to every two. After the January incident, the district notified Denny’s that another sewer overflow would warrant requiring an interceptor to catch the grease before it enters the wastewater system. 28 “It comes to a point when you say, ‘OK, enough is enough.’ … Sewer spills are a threat to public safety,” Carroll said. Carroll played a video showing white gunk caked on parts of the inside of a lateral, the pipe that connects the restaurant’s plumbing to the city’s sewer main. Medhat Bechay, owner of Denny’s Costa Mesa location, said the issue isn’t grease. He blamed the overflows on patrons and homeless people throwing excessive toilet paper, hand towels and other objects down the toilet. “Usually that’s what happens — somebody washing themselves, cleaning themselves, taking a shower, really, in the restaurant,” Bechay said. Board members questioned Bechay’s business practices, saying he should make the restrooms available only to paying customers. He said the restrooms are limited to customers but cannot be patrolled constantly, since the restaurant is open around the clock. The only grease that enters the system would be from washing the floor, he said. Joe Jenkins, who oversees the district’s food oil and grease program for the company EEC Environmental, pointed out that any food waste or grease from pots, pans, plates and utensils also would likely flow through the drain into the lateral. Installing a nearly $50,000 grease interceptor — plus thousands of dollars in additional costs to temporarily close the restaurant — “really doesn’t make sense … as a business,” Bechay said. Instead, the restaurant will pay about $475 for the monthly hydro jet treatments. “We take care about the public,” Bechay said. “That’s something very important to us.” 29 Many undeterred by water closure at Newport’s North Star Beach after 750-gallon sewage spill By JULIA SCLAFANI SEP. 26, 2019 5:34 PM Water sports enthusiasts at North Star Beach in Newport Beach are being greeted by warning signs, thanks to a sewage spill, though many rowers and paddlers are going into the Back Bay as usual. The beach was closed Thursday to swimming and diving after a blockage of a city sewer main caused about 750 gallons of wastewater to spill, according to the Orange County Health Care Agency. However, it hasn’t deterred many of the regulars who pass through the Newport Aquatic Center at the beach. “We are still allowing people to go into the water if they wish,” said NAC staff administrator Sydney Moralice, who added that anyone who comes in is informed of the closure. City officials told NAC administrators that the spill occurred Tuesday, Moralice said. Daily Pilot September 26, 2019 30 Incidental splashing isn’t considered a major hazard for rowers and paddlers, Moralice said. “We haven’t been busy as it is,” Moralice said, noting the overcast weather Thursday, “so we haven’t turned anyone away because of it.” The city posted signs on the beach saying the water is closed to swimming and diving, NAC said. Junior rowing practice was underway as usual Thursday, though athletes were given the choice not to go on the water, particularly if they had open cuts or other wounds, NAC said. An average of 300 people pass through the facility daily on their way to the bay, including rowers, members and rental patrons, NAC said. There were no reported changes in the water or a noticeable indication of a spill in the area in the days leading to the closure, according to Moralice, who said she checks water quality reports daily. The sewage spill occurred at about 12:20 p.m. Tuesday near the intersection of Jamboree and San Joaquin Hills roads, according to Health Care Agency spokesman Anthony Martinez. The blockage was cleared within about 20 minutes, but about 750 gallons of wastewater flowed from a manhole, Martinez said. About 250 gallons were captured, but the rest entered drains leading to the bay near the end of San Joaquin Hills Road, Martinez said. North Star Beach is the closest public beach and testing site to the area where the spill occurred. The beach is sampled weekly. 31 “If today’s results come back clean, we could potentially be lifting closure tomorrow,” Martinez said Thursday. The most recent ocean water reports can be found at OCBeachInfo.com. To report a swimming-related illness, call (714) 433-6011. 32 Twitter Posts October 2019 33 Facebook Posts October 2019 34 35 36 Instagram Posts October 2019 Orange County Sanitation District LEGISLATIVE AND PUBLIC AFFAIRS COMMITTEE Agenda Report Administration Building 10844 Ellis Avenue Fountain Valley, CA 92708 (714) 593-7433 File #:2019-698 Agenda Date:11/4/2019 Agenda Item No:3. FROM:James D. Herberg, General Manager SUBJECT: LEGISLATIVE AFFAIRS UPDATE FOR THE MONTH OF OCTOBER 2019 GENERAL MANAGER'S RECOMMENDATION RECOMMENDATION: Recommend to the Board of Directors to: Receive and file the Legislative Affairs Update for the month of October 2019. BACKGROUND The Orange County Sanitation District’s (Sanitation District) legislative affairs program includes advocating the Sanitation District’s legislative interests, sponsoring legislation (where appropriate), and seeking Local, State, and Federal funding for projects and programs. Staff will provide an update on recent legislative and grant activities. RELEVANT STANDARDS ·Maintain influential legislative advocacy and a public outreach program ·Build brand, trust, and support with policy makers and community leaders ·Maintain collaborative and cooperative relationships with regulators, stakeholders, and neighboring communities PROBLEM Without a strong advocacy program,elected officials may not be aware that the Sanitation District is more than a wastewater treatment plant - treating and sending water to the ocean. The Sanitation District is an environmentally engaged organization which recycles more than 50 percent of its wastewater.Additionally,to help meet the goal of 100 percent recycling,the Sanitation District uses the byproducts from the wastewater treatment process to produce biosolids to fertilize crops and energy used to help power the two plants in Fountain Valley and Huntington Beach. PROPOSED SOLUTION Continue to work with Local,State,and Federal officials to advocate the Sanitation District’s legislative interests.Help to create/monitor legislation and grants that would benefit the Sanitation District,the wastewater industry,and the community as a whole.To assist in our relationship building Orange County Sanitation District Printed on 10/23/2019Page 1 of 2 powered by Legistar™ File #:2019-698 Agenda Date:11/4/2019 Agenda Item No:3. District,the wastewater industry,and the community as a whole.To assist in our relationship building activities,we will continue to reach out to our elected officials providing facility tours,one-on-one meetings, and trips to D.C. and Sacramento. TIMING CONCERNS N/A RAMIFICATIONS OF NOT TAKING ACTION If we do not work with Local,State,and Federal elected officials,legislation could be passed that negatively affects the Sanitation District and the wastewater industry as a whole.Additionally,this could affect our chances of receiving grant funding. ADDITIONAL INFORMATION The Sanitation District has been awarded $40,000 for the Mass Timber Grant/Competition by CalGov Ops for an educational display at the new Headquarters Building.The display is to highlight how mass timber was used in building the Headquarters Building and the overall benefit of mass timber for the environment. The Sanitation District is applying for a grant through CalRecycle’s Organics Grant Program for the Food-Waste Co-Digestion facility at Plant No.2 in Huntington Beach.The amount the Sanitation District would be eligible to receive is up to $3 million. The grant application is due November 21. FINANCIAL CONSIDERATIONS N/A ATTACHMENT The following attachment(s)are included in hard copy and may also be viewed on-line at the OCSD website (www.ocsd.com) with the complete agenda package: ·Federal Update - ENS Resources ·Federal Legislative Matrix - ENS Resources ·State Update - Townsend Public Affairs ·State Legislative Matrix - Townsend Public Affairs ·Grant Matrix Orange County Sanitation District Printed on 10/23/2019Page 2 of 2 powered by Legistar™ 1 | P a g e M E M O R A N D U M TO: Rebecca Long FROM: Eric Sapirstein DATE: October 15, 2019 SUBJECT: Washington Update Congress returned to work in September after a six-week summer recess. The current impeachment inquiry has thrown into question how the next several weeks of legislative activity will unfold, but finalizing the fiscal year (FY) 2020 spending bills remains a priority. Aside from spending matters, the ongoing effort in the House and Senate to address contamination of water supplies from Per- and polyfluoroalkyl substances (PFAS/PFOA) continues to command attention. The following summarizes the status of these and other matters. Finalizing Fiscal Year 2020 Spending Decisions Likely to Extend into December The Senate Committee on Appropriations has approved spending for the U.S. Environmental Protection Agency (USEPA) and the U.S. Bureau of Reclamation (USBR) programs, along with most other federal agency spending measures. However, prospects for Senate floor debate and a vote remain in doubt as the ongoing funding of the border wall continues to slow progress. The current stopgap spending bill expires on November 21 and it is reported that Congress will be forced to extend the stopgap funding until December. Assuming that this occurs, final spending decisions are likely to be enacted into law shortly before Christmas. Irrespective of the timing of a final agreement, overall spending levels for key water infrastructure programs in the Senate appropriations bills of spending levels trends in the same direction as the House-passed bills. However, the minimally lower spending levels in the Senate bills, compared to the House spending bills, may result in bridging differences by reducing spending levels nominally. Program levels for the State Revolving Fund (SRF) and water recycling appear to be targeted at levels 2 | P a g e slightly higher than current year with the Clean Water SRF expected to be funded at between $1.4 and $1.8 billion. Additionally, the Senate USEPA spending bill urges the agency to use Water Infrastructure Finance and Innovation Act (WIFIA) to support PFAS-related water projects and lead contamination needs. This funding priority might support groundwater funding needs within the Orange County region that has been a concern for OCSD. House and Senate Committees Begin Task of Defining the Regulation and Remediation of PFAS/PFOA The House and Senate Committees on Armed Services continue to seek to reconcile differences between each chamber’s version of the National Defense Authorization Act (NDAA). The NDAA is notable because of amendment packages the House and Senate passed to regulate PFAS/PFOA contamination and address the treatment and control of PFAS/PFOA contamination. However, the amendment packages remain a key sticking point in NDAA conference negotiations due to the packages differing legislative approaches employed by each chamber. Further complicating negotiations is the fact that the White House has issued a veto threat on the bill in large measure because of the PFAS/PFOA provisions. As of this writing, the key dispute centers on a House amendment to require USEPA to designate PFAS/PFOA as a hazardous waste under Superfund. This would create significant impacts for wastewater treatment since any PFAS/PFOA contaminated biosolids, for example, would be subject to new and costly treatment and disposal regimes. Additionally, the potential for trace amounts of the chemicals in effluents could further impose expensive treatment as well as potential liabilities associated with any discharges. The Senate rejected this kind of mandate in its NDAA. Instead, it directs USEPA to develop and issue a drinking water monitoring and treatment standard within two years of any bill enactment that drinking water agencies would need to comply with as directed under the Safe Drinking Water Act. The potential exists that a consensus on PFAS language as part of any final NDAA may not be reached. This possibility resulted in the House Committee on Energy and Commerce, Subcommittee on Environment approving fifteen PFAS bills. Among the measures were bills to designate PFAS as a hazardous waste and to create an industry supported clean-up fund to respond to groundwater contamination. Meanwhile, national and state trade associations, including the National Association of Clean Water Agencies (NACWA), Water and Environment Federation (WEF), California Association of Sanitation Agencies (CASA), Association of California Water Agencies (ACWA), and American Water Works Association (AWWA) are working with congressional committees to develop a compromise that would require adequate scientific research into the threats posed from the chemicals before any regulations or conditions are mandated on how to treat, manage and dispose of PFAS/PFOA contaminated substances. 3 | P a g e Clean Water State Revolving Fund Infrastructure Bill Discussions Center on Permit Term Extensions The House Committee on Transportation & Infrastructure staff continue to work on developing an approach to allow for extended National Pollutant Discharge Elimination System (NPDES) permit terms of up to ten years as called for by a broad array of national and state public associations, including CASA and ACWA. The effort to develop compromise language that would enjoy at minimum muted support by the non-governmental organization (NGO) community continues. As a result, committee action on a broader SRF water infrastructure bill, H.R. 1497, has been delayed. Committee staff are expressing a desire to secure an agreement on a compromise approach within the next two weeks that, in turn, would allow for a committee mark-up of H.R. 1497. Failing to secure an agreement could lead to a further delay. However, the impact of the delay would not be measurable since the Senate Committee on Environment and Public Works has indicated that it will not address the SRF or other water infrastructure issues until next year. OCSD Federal Bills of Interest BILL AUTHOR SUMMARY LATEST ACTION OCSD POSITION OTHER POSITIONS H.R. 1162 Rep. Grace Napolitano (D-CA) Water Recycling Investment and Improvement Act. Establishes a grant program for the funding of water recycling and reuse projects, and for other purposes. House - 6/13/19 Subcommittees Hearings held Watch CASA SUPPORTS H.R. 1497 Rep. Peter DeFazio (D-OR) Water Quality Protection and Job Creation Act of 2019. Provides nearly $23.5 billion in direct infrastructure investment over the next five years to address wastewater infrastructure and local water quality challenges. This bill allocates $20 billion in grants for the Clean Water State Revolving Fund. House - 03/06/2019 Referred to the Subcommittee on Water Resources and Environment Watch CASA SUPPORTS H.R. 535 Rep. Debbie Dingell (D-MI)R To require the Administrator of the Environmental Protection Agency to shall designate per- and polyfluoroalkyl substances as hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980. House - 2/7/19 Referred to Subcommittee on Railroads, Pipelines, and Hazardous Materials Watch NYC H.R. 876 Rep. Peter DeFazio (D-OR) Pacific Northwest Earthquake Preparedness Act of 2019. Requires the FEMA to develop a plan for the purchase and installation of an earthquake early warning system for the Cascadia Subduction Zone. The term "Cascadia Subduction Zone". House - 2/6/19 Passed House by voice vote, received in Senate and referred to Committee on Homeland Security and Governmental Affairs Watch NYC H.R. 667 Rep. Jaime Herrera Beutler (R-WA) Regulatory Certainty for Navigable Waters Act. Repeals the Waters of the United States rule and amend the Federal Water Pollution Control Act definition of navigable waters, and for other purposes. House - 2/7/19 Referred to Subcommittee on Water Resources and Environment Watch NYC Federal Legislation 2019 - 2020 Priority Updated October 2019 OCSD Federal Bills of Interest BILL AUTHOR SUMMARY LATEST ACTION OCSD POSITION OTHER POSITIONS S. 403 Sen. Sheldon Whitehouse (D-RI) A bill to encourage the research and use of innovative materials and associated techniques in the construction and preservation of the domestic transportation and water infrastructure system, and for other purposes. Senate - 2/7/19 Referred to Committee on Environment and Public Works Watch NYC H.R. 977 Rep. Brian Mast (R-FL) To require the Corps of Engineers to notify affected communities before releasing water contaminated with cyanobacteria from flood risk management projects, and for other purposes. House - 2/7/19 Referred to Subcommittee on Water Resources and Environment Watch NYC H.R. 892 Rep. Duncan Hunter (R-CA) To amend the Federal Water Pollution Control Act to limit attorney fees and penalties in citizen suits, and for other purposes. House - 2/7/19 Referred to Subcommittee on Water Resources and Environment Watch NYC H.R. 358 Rep. Juan Vargas (D-CA) California New River Restoration Act of 2019. Requires the USEPA to establish a California New River restoration program for the New River. USEPA must (1) implement projects, plans, and initiatives for the New River supported by the California-Mexico Border Relations Council; and (2) provide grants and technical assistance for coordinating restoration and protection activities. House - 2/7/19 Referred to Subcommittee on Water Resources and Environment Watch NYC S. 376 Sen. Rand Paul (R-KY) A bill to amend the Federal Water Pollution Control Act to clarify the definition of navigable waters, and for other purposes. Senate - 2/7/19 Referred to Committee on Environment and Public Works Watch NYC H.R. 658 Rep. Rosa DeLauro National Infrastructure Development Bank Act. Facilitates efficient investments and financing of infrastructure projects and new job creation through the establishment of a National Infrastructure Development Bank, and for other purposes. House - 2/7/19 Referred to Subcommittee on Economic Development, Public Buildings, and Emergency Management Watch NYC Updated October 2019 OCSD Federal Bills of Interest BILL AUTHOR SUMMARY LATEST ACTION OCSD POSITION OTHER POSITIONS H.R. 1137 Rep. John Garamendi (D-CA) To amend the Water Resources Development Act of 1986 to repeal the authority relating to reprogramming during national emergencies. House - 2/12/19 Referred to the Subcommittee on Water Resources and Environment Watch NYC H.R. 1317 Rep. Harley Rouda (D-CA) Coastal Communities Adaption Act. Improves the resilience of the built and natural environment to natural disasters and climate change using, among other measures, natural and nature-based features, and for other purposes. House - 3/619 Referred to Subcommittee on Water Resources and Environment Watch NYC S. 638 Sen. Tom Carper (D-DE) A bill to require the Administrator of the Environmental Protection Agency to designate per- and polyfluoroalkyl substances as hazardous substances under the Comprehensive Environmental Response, Compensation, Liability Act of 1980, and for other purposes. Senate - 2/28/19 Referred to Committee on Environment and Public Works Watch NYC S. 611 Sen. Bernie Sanders (I-VT) A bill to provide adequate funding for water and sewer infrastructure, and for other purposes. Senate - 2/28/19 Referred to Committee on Environment and Public Works Watch NYC H.R. 1331 Rep. Angie Craig (D-MN) To amend the Federal Water Pollution Control Act to reauthorize certain programs relating to nonpoint source management, and for other purposes. House - 4/9/19 Passed House 329-56. Received in Senate, referred to Committee on Environment and Public Works Watch NYC H.R. 1764 Rep. John Garamendi (D-CA) To amend the Federal Water Pollution Control Act with respect to permitting terms, and for other purposes. House - 3/15/19 Referred to Subcommittee on Water Resources and Environment Watch CASA, NACWA, ACWA - SUPPORTS S. 950 Sen. Debbie Stabenow (D-MI) PFAS Detection Act of 2019. Requires the Director of the United States Geological Survey to perform a nationwide survey of perfluorinated compounds, and for other purposes. Senate - 3/28/19 Referred to Committee on Environment and Public Works Watch NYC Updated October 2019 OCSD Federal Bills of Interest BILL AUTHOR SUMMARY LATEST ACTION OCSD POSITION OTHER POSITIONS S. 933 Sen. Sheldon Whitehouse (D-RI) BLUE GLOBE Act. Improves data collection and monitoring of the Great Lakes, oceans, bays, estuaries, and coasts, and for other purposes. Senate - 3/28/19 Referred to Committee on Commerce, Science, and Transportation Watch NYC S. 914 Sen. Roger Wicker (R-MS) Coordinated Ocean Observations and Research Act of 2019. Reauthorizes the Integrated Coastal and Ocean Observation System Act of 2009, to clarify the authority of the Administrator of the National Oceanic and Atmospheric Administration with respect to post-storm assessments, and to require the establishment of a National Water Center, and for other purposes. Senate - 4/3/19 Referred to Committee on Commerce, Science, and Transportation Watch NYC H.R. 2019 Rep. Jerry McNerney (D-CA) Smart Energy and Water Efficiency Act of 2019. Provides for a smart water resource management pilot program. House - 4/9/19 Referred to Committee on Science, Space, and Technology Watch NYC H.R. 1904 Rep. Raul Grijalva (D-CA) Indian Water Rights Settlement Extension Act. Amends the Omnibus Public Land Management Act of 2009 to make the Reclamation Water Settlements Fund permanent. House - 4/4/19 Committee on Natural Resources Hearings Held Watch NYC H.R. 2205 Rep. David McKinley (R-WV) Water Quality Certification Improvement Act of 2019. Amends the Federal Water Pollution Control Act to make changes with respect to water quality certification, and for other purposes. House - 4/11/19 Referred to Subcommittee on Water Resources and Environment Watch NYC H.R. 2189 Rep. Dutch Ruppersberger (D-MD) Digital Coast Act. Requires the Secretary of Commerce, acting through the Administrator of the National Oceanic and Atmospheric Administration, to establish a constituent-driven program to provide a digital information platform capable of efficiently integrating coastal data with decision-support tools, training, and best practices and to support collection of priority coastal geospatial data to inform and improve local, State, regional, and Federal capacities to manage the coastal region, and for other purposes. House - 9/18/19 Reported out of Committee on Transportation and Infrastructure as amended by unanimous consent Watch NYC Updated October 2019 OCSD Federal Bills of Interest BILL AUTHOR SUMMARY LATEST ACTION OCSD POSITION OTHER POSITIONS S. 1069 Sen. Tammy Baldwin (D-WI) A bill to require the Secretary of Commerce, acting through the Administrator of the National Oceanic and Atmospheric Administration, to establish a constituent-driven program to provide a digital information platform capable of efficiently integrating coastal data with decision- support tools, training, and best practices and to support collection of priority coastal geospatial data to inform and improve local, State, regional, and Federal capacities to manage the coastal region, and for other purposes. Senate - 4/9/19 Referred to Committee on Commerce, Science, and Transportation Watch NYC S. 1087 Sen. John Barrasso (R-WY) A bill to amend the Federal Water Pollution Control Act to make changes with respect to water quality certification, and for other purposes. Senate - 4/9/19 Referred to Committee on Environment and Public Works Watch NYC H.R. 2473 Rep. Josh Harder (D-CA) S.A.V.E. Water Resources Act. Promotes water supply reliability and improved water management for rural communities, the State of California, and the Nation, and for other purposes. House - 6/13/19 Subcommittees Hearings held Watch NYC S. 1251 Sen. Jeanne Shaheen (D-NH) Safe Drinking Water Assistance Act of 2019. Improves and coordinate interagency Federal actions and provide assistance to States for responding to public health challenges posed by emerging contaminants, and for other purposes. Senate - 4/30/19 Referred to Committee on Environment and Public Works Watch NYC H.R. 2458 Rep. Debbie Mucarsel-Powell (D-FL) WISE Act. Amends the Federal Water Pollution Control Act to require a certain percentage of funds appropriated for revolving fund capitalization grants be used for green projects, and for other purposes. House - 5/1/19 Referred to Subcomittee of Water Resrources and Environment Watch NYC H.R. 2377 Rep. Brendan Boyle (D-PA) Protect Drinking Water from PFAS Act of 2019. Requires the Environmental Protection Agency (EPA) to address the level of perfluoroalkyl and polyfluoroalkyl substances (PFAS) in drinking water. Specifically, the EPA must publish a maximum contaminant level goal and promulgate a national primary drinking water regulation for total PFAS. PFAS are man-made chemicals that may lead to adverse human health effects. House - 4/29/19 Referred to Committee on Energy and Commerce Watch NYC Updated October 2019 OCSD Federal Bills of Interest BILL AUTHOR SUMMARY LATEST ACTION OCSD POSITION OTHER POSITIONS H.R. 2533 Rep. Frank Pallone (D-NJ) To assist community water systems affected by PFAS contamination, and for other purposes. House - 5/7/19 Referred to Committee on Energy and Commerce Watch NYC H.R. 2566 Rep. Darren Soto (D-FL) To require the Administrator of the Environmental Protection Agency to revise the Safer Choice Standard to provide for a Safer Choice label for pots, pans, and cooking utensils that do not contain PFAS, and for other purposes. House - 5/7/19 Referred to Committee on Energy and Commerce Watch NYC H.R. 2577 Rep. Antonio Delgado (D-NY) PFAS Right-To-Know Act. Amends the Emergency Planning and Community Right-To-Know Act of 1986 to include per- and polyfluoroalkyl substances on the Toxics Release Inventory, and for other purposes. House - 5/8/19 Referred to Committee on Energy and Commerce Watch NYC S. 1372 Sen. Debbie Stabenow (D-MI) A bill to encourage Federal agencies to expeditiously enter into or amend cooperative agreements with States for removal and remedial actions to address PFAS contamination in drinking, surface, and ground water and land surface and subsurface strata, and for other purposes. Senate - 5/8/19 Referred to Committee on Environment and Public Works Watch NYC H.R. 2740 Rep. Rosa De Lauro (D-CT) Labor, Health and Human Services, Education, Defense, State, Foreign Operations, and Energy and Water Development Appropriations Act, 2020. Making appropriations for energy and water development and related agencies for the fiscal year ending September 30, 2020, and for other purposes. House - 6/19/19 Passed House 226-203 Watch NYC H.R. 3055 Rep. Jose Serrano (D-NY) Commerce, Justice, Science, Agriculture, Rural Development, Food and Drug Administration, Military Construction, Veterans Affairs, Transportation, and House and Urban Development Appropriations Act, 2020. Making appropriations for the Department of the Interior, environment, and related agencies for the fiscal year ending September 30, 2020, and for other purposes. House - 6/25/19 Pased House 227-194 Watch NYC Updated October 2019 OCSD Federal Bills of Interest BILL AUTHOR SUMMARY LATEST ACTION OCSD POSITION OTHER POSITIONS H.R. 2705 Rep. Earl Blumenauer (D-OR) Water Infrastructure Trust Fund Act of 2019. To establish a Water Infrastructure Trust Fund, and for other purposes. House - 5/15/19 Referred to Subcommittee on Water Resources and Environment Watch NYC H.R. 2755 Rep. Brendan Boyle (D-PA) Buy America 2.0 Act. To standardize and extend certain Buy America Provisions. House - 5/16/19 Referred to Subcommittee on Aviation Watch NYC S. 1473 Sen. Kristen Gillibrand (D-NY) Protect Drinking Water from PFAS Act of 2019. A bill to amend the Safe Drinking Water Act to require the Administrator of the Environmental Protection Agency to set maximum contaminant levels for certain chemicals, and for other purposes. House - 5/15/19 Referred to Committee on Environment and Public Works Watch NYC S. 1535 Sen. Mark Warner (D-VA) Reinventing Economic Partnerships and Infrastructure Redevelopment Act. A bill to facilitate efficient investments and financing of infrastructure projects and new, long-term job creation through the establishment of an Infrastructure Financing Authority, and for other purposes. Senate - 5/16/19 Referred to Committee on Finance Watch NYC H.R. 2776 Rep. Lori Trahan (D-MA) Stop Sewage Overflow Act. To make certain municipalities eligible for grants under the Federal Water Pollution Control Act, and for other purposes. House - 5/16/19 Referred to Subcommittee on Water Resources and Environment Watch NYC H.R. 2800 Rep. Elissa Slotkin (D-MI) PFAS Monitoring Act of 2019. To amend the Safe Drinking Water Act to require continued and expanded monitoring of perfluoroalkyl and polyfluoroalkyl substances in drinking water, and for other purposes. House - 5/16/19 Referred to Committee on Energy and Commerce Watch NYC Updated October 2019 OCSD Federal Bills of Interest BILL AUTHOR SUMMARY LATEST ACTION OCSD POSITION OTHER POSITIONS S. 1507 Sen. Shelley Moore Capito (D-WV) A bill to include certain perfluoroalkyl and polyfluoroalkyl substances in the toxics release inventory, and for other purposes. Senate - 6/27/19 Passed as an amendment to National Defense Authorization Act (S. 1790) Watch NYC S. 1613 Sen. Ed Markey (D-MA) Contaminant and Lead Electronic Accounting and Reporting Requirements for (CLEARR) Drinking Water Act of 2019. Amends the Safe Drinking Water Act to update and modernize the reporting requirements for contaminants, including lead, in drinking water, and for other purposes. Senate - 5/22/19 Referred to Committee on Environment and Public Works Watch NYC S. 1570 Sen. James Risch (R-ID) Aquifer Recharge Flexibility Act. Provides flexibility to allow greater aquifer recharge, and for other purposes. Senate - 7/18/19 Subcommittee Hearings Held Watch NYC H.R. 2871 Rep. Russ Fulcher (R-ID) Aquifer Recharge Flexibility Act. Provides flexibility to allow greater aquifer recharge, and for other purposes. House - 5/21/19 Referred to Committee on Natural Resources Watch NYC Updated October 2019 OCSD Federal Bills of Interest BILL AUTHOR SUMMARY LATEST ACTION OCSD POSITION OTHER POSITIONS S. 1604 Sen. Amy Klobuchar (D-MN) Local Water Protection Act. Amends the Federal Water Pollution Control Act to reauthorize certain programs relating to nonpoint source management, and for other purposes. Senate - 5/22/19 Referred to Committee on Environment and Public Works Watch NYC S. 1730 Sen. Kamala Harris (D-CA) Living Shorelines Act of 2019. Directs the Administrator of the National Oceanic and Atmospheric Administration to make grants to State and local governments and nongovernmental organizations for purposes of carrying out climate-resilient living shoreline projects that protect coastal communities by supporting ecosystem functions and habitats with the use of natural materials and systems, and for other purposes. Senate - 6/5/19 Referred to Committee on Commerce, Science and Transportation Watch NYC H.R. 3226 Rep. Andy Kim (D-NJ) Safe Water for Military Families Act. Directs the Secretary of Defense to prohibit the use of firefighting foam containing perfuoroalkyl or polyfluoroalkyl substances, and for other purposes. House - 6/12/19 Referred to Committee on Armed Services Watch NYC S. 1837 Sen. Kristen Gillibrand (D-NY) A bill to require the Administrator of the Environmental Protection Agency to establish a discretionary grant program for drinking water and wastewater infrastructure projects, and for other purposes. Senate - 6/13/19 Referred to Committee on Environment and Public Works Watch NYC H.R. 3254 Rep. Antonio Delgado (D-NY) To require the Administrator of the Environmental Protection Agency to establish a discretionary grant program for drinking water and wastewater infrastructure projects, and for other purposes. House - 6/14/19 Referred to Subcommittee on Water Resources and Environment Watch NYC Updated October 2019 OCSD Federal Bills of Interest BILL AUTHOR SUMMARY LATEST ACTION OCSD POSITION OTHER POSITIONS H.R. 3521 Rep. Greg Stanton (D-AZ) Wastewater Infrastructure Workforce Investment Act. To amend the Federal Water Pollution Control Act with respect to wastewater infrastructure workforce development, and for other purposes. House - 6/27/19 Referred to the Subcommittee on Water Resources and Environment Watch NYC S. 2086 Sen. Tammy Duckworth (D-IL) National Opportunity for Lead Exposure Accountability and Deterrence Act of 2019. To amend the Safe Drinking Water Act to improve transparency under the national primary drinking water regulations for lead and copper, and for other purposes. Senate - 7/11/19 Referred to Committee on Environment and Public Works Watch NYC S. 1932 Sen. Cory Gardner (R-CO) Drought Resiliency and Water Supply Infrastructure Act. To support water infrastructure in Reclamation States, and for other purposes. Senate - 7/18/19 Subcommittee Hearings Held Watch CASA, NACWA, NWRA, ACWA - SUPPORTS H.R. 3115 Rep. Frank Pallone (D-NJ) To direct the Administrator of the National Oceanic and Atmospheric Administration to make grants to State and local governments and nongovernmental organizations for purposes of carrying out climate- resilient living shoreline projects that protect coastal communities by supporting ecosystem functions and habitats with the use of natural materials and systems, and for other purposes. House - 7/25/19 Subcommittee Hearings held Watch NYC H.R. 4044 Rep. Tom Malinowski (D-NJ) Protect and Restore America's Estuaries Act. To amend the Federal Water Pollution Control Act to reauthorize the National Estuary Program, and for other purposes. House - 9/20/19 Reported out of Committee on Transportation and Infrastructure by voice vote Watch NYC Updated October 2019 OCSD Federal Bills of Interest BILL AUTHOR SUMMARY LATEST ACTION OCSD POSITION OTHER POSITIONS H.R. 3510 Rep. Josh Harder (D-CA) Water Resources Research Amendments Act. To amend the Water Resources Research Act of 1984 to reauthorize grants for and require applied water supply research regarding the water resources research and technology institutes established under that Act. House - 7/25/19 Subcommittee on Water, Oceans, and Wildlife held Watch NYC H.R. 3723 Rep. Mike Levin (D-CA) Desalination Development Act. To promote desalination project development and drought resilience, and for other purposes. House - 7/25/19 Subcommittee on Water, Oceans, and Wildlife hearing held Watch NYC H.R. 3677 Rep. Dan Kildee (D-MI) National Opportunity for Lead Exposure Accountability and Deterrence Act of 2017. To amend the Safe Drinking Water Act to improve transparency under the national primary drinking water regulations for lead and copper, and for other purposes. House - 7/10/19 Referred to Committee on Energy and Commerce Watch NYC H.R. 3919 Rep. Seth Moulton (D-MA) Creating Opportunity And Sustainability Through Science Act. To require research in coastal sustainability and resilience, to ensure that the Federal Government continues to implement and advance coastal resiliency efforts, and for other purposes. House - 8/7/19 Referred to Subcommittee on Water, Oceans, and Wildlife Watch NYC S. 2236 Sen. Cory Booker (D-NJ) Environmental Justice Act of 2019. To require Federal agencies to address environmental justice, to require consideration of cumulative impacts in certain permitting decisions, and for other purposes. Senate - 7/23/19 Referred to Committee and Public Works Watch NYC H.R. 4033 Rep. Dan Kildee (D-MI) Water Justice Act. To provide supplemental appropriations for safe and secure water, and for other purposes. House - 9/4/19 Referred to Subcommittee on Commodity Exchanges, Energy, and Credit Watch NYC Updated October 2019 OCSD Federal Bills of Interest BILL AUTHOR SUMMARY LATEST ACTION OCSD POSITION OTHER POSITIONS H.R. 3944 Rep. Kevin Hern (R-OK) To amend the Water Resources Reform and Development Act of 2014 to modify the procedure for communicating certain emergency risks, and for other purposes. House - 7/26/19 Referred to Subcommittee on Water Resources and Environment Watch NYC H.R. 3923 Rep. Raul Ruiz (D-CA) Environmental Justice Act of 2019. To require Federal agencies to address environmental justice, to require consideration of cumulative impacts in certain permitting decisions, and for other purposes. House - 8/15/19 Referred to Subcommittee on the Constitution, Civil Rights, and Civil Liberties Watch NYC S. 2456 Sen. Tom Udall (D-NM) Clean Water Through Green Infrastructure Act. To establish centers of excellence for innovative stormwater control infrastructure, and for other purposes. Senate - 9/10/19 Referred to Committee on Environment and Public Works Watch NYC H.R. 4266 Rep. Denny Heck (D-WA) Clean Water Through Green Infrastructure Act. To establish centers of excellence for innovative stormwater control infrastructure, and for other purposes. House - 9/10/19 Referred to Subcommittee on Water Resources and Environment Watch NYC S. 2466 Sen. Kamala Harris (D-CA) Water Justice Act. To provide supplemental appropriations for safe and secure water, and for other purposes. Senate - 9/11/19 Referred to Committee on Environment and Public Works Watch NYC Updated October 2019 OCSD Federal Bills of Interest BILL AUTHOR SUMMARY LATEST ACTION OCSD POSITION OTHER POSITIONS S. 2470 Sen. Lamar Alexander (R-TN) Energy and Water Development and Related Agencies Appropriations Act, 2020. Provides FY2020 appropriations for U.S. Army Corps of Engineers civil works projects, the Department of the Interior's Bureau of Reclamation, the Department of Energy (DOE), and independent agencies such as the Nuclear Regulatory Commission. Senate - 9/12/19 Reported out of Committee on Appropriations 31-0. Watch NYC H.R. 4378 Rep. Nita Lowey (D-NY) Continuing Appropriations Act, 2020, and Health Extenders Act of 2019 House - 9/18/19 Passed House 301-123. Received in Senate. Watch NYC S. 2525 Sen. Jeanne Shaheen (D-NH) A bill to require the Director of the National Institute of Standards and Technology to conduct a study of personal protective equipment worn by firefighters to determine the prevalence and concentration of per- and polyfluoroalkyl substances, and for other purposes. Senate - 9/19/19 Referred to Committee on Commerce, Science, and Transportation Watch NYC H.R. 4347 Rep. Matt Cartwright (D-PA) PREPARE Act of 2019. To enhance the Federal Government’s planning and preparation for extreme weather and the Federal Government’s dissemination of best practices to respond to extreme weather, thereby increasing resilience, improving regional coordination, and mitigating the financial risk to the Federal Government from such extreme weather, and for other purposes. House - 9/17/19 Reported out of Committee on Transportation and Infrastructure by voice vote Watch NYC Legend: ACC-OC- Association of California Cities, Orange County LOCC- League of California Cities NYC- Not Yet Considered CASA- California Association of Sanitation Agencies NACWA - National Association of Clean Water Agencies ACWA- Association of California Water Agencies CSDA- California Special Districts Association Updated October 2019 To: Orange County Sanitation District From: Townsend Public Affairs, Inc. Date: October 15, 2019 Subject: Legislative and Public Affairs Agenda Report State Political Update On October 13, the Governor considered the last of the 1,042 bills that were sent to his desk in the first year of the two-year legislative session. In total, approximately 2,600 policy bills were introduced in both the Assembly and the Senate. Any bill that did not pass the Legislature is now a two-year bill and will be eligible for consideration when the Legislature returns on January 6 for the second year of the two-year session. Governor Newsom signed 870 bills into law in his first year in office, with a veto rate of 16.5 percent. This veto rate was very similar to Governor Brown’s last year and coincidentally his highest veto rate year of his 16 years as Governor of California. Although there were several major policy topics addressed this year including housing, homelessness, and public safety, there are still several topics of interest to OCSD that did not make it past the finish line. These topics include plastic bag bans, flushable wipes, and video retention requirements for local agencies. Priority Legislation – End of the Session Summary Below is a list of all legislative positions that OCSD adopted during the first year of the legislative session. This list does not include the several other bills that OCSD staff and TPA discussed, provided comments, and worked with various author’s offices on throughout the year. Bill OCSD Position OCSD Position Bill Status AB 292 (Quirk) Changes the definition of potable reuse of recycled water by including raw water augmentation, treated drinking water augmentation, groundwater augmentation, or reservoir water augmentation within the definition of recycled water and deleting direct and indirect potable reuse. Support Two-year bill AB 405 (Rubio) Would exempt chemicals used by a city, county, public utility, and sanitation district to treat water, recycled water, or wastewater from sales tax Support Two-year bill AB 510 (Cooley) Would exempt a local agency from specific recording retention requirements if the agency adopts a records retention policy governing recordings of routine video monitoring and recordings of telephone and radio communications. Support Two-year bill October 2019 Report 2 AB 1184 (Gloria) Would require all public agencies to maintain and archive all transmitted electronic communications for two years minimum. Oppose Vetoed AB 1672 (Bloom) Would prohibit manufacturers from labeling wipes as “flushable” unless they meet objective standards Support Two-year bill SB 69 (Wiener) Provides $130 million per year for safe drinking water projects from the Greenhouse Gas Reduction Fund. Oppose Unless Amended Two-year bill SB 667 (Hueso) This bill would direct CalRecycle to create incentives and financing mechanisms for the development of organic waste infrastructure Support Two-year bill Additional Priority Legislation SB 1 (Atkins) – California Environmental, Public Health, and Workers Defense Act of 2019 SB 1 seeks to freeze federal Clean Air Act, Clean Water Act, Safe Drinking Water Act, Endangered Species Act, Fair Labor Standards Act, Occupational Safety and Health Act and Coal Mine Health and Safety Act requirements to those in place as of January 19, 2017. SB 1 refers to federal requirements existing as of this date, as “baseline federal standards.” SB 1 is intended to “ensure continued protections for the environment, natural resources, and public health and safety” in California, even if the noted federal laws are “undermined, amended or repealed” by making the baseline environmental standards the new floor for environmental and worker protections in California. SB 1 was passed by the Legislature and vetoed by the Governor, Legislative Platform Connection: Legislative and Regulatory Policies – 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. SB 210 (Leyva) – Heavy-Duty Vehicle Inspection and Maintenance Program SB 210 directs the Air Resources Board (ARB) to work in coordination with multiple state agencies in order to develop and implement a Heavy-Duty Inspection and Maintenance Program for non-gasoline, heavy-duty, on-road trucks. Specifically, SB 210 would develop a pilot program to measure and enforce new regulations on heavy duty on-road trucks and then require ARB to adopt a full program within two years after the pilot program ends. SB 210 was signed into law. Legislative Platform Connection: Legislative and Regulatory Policies – Air Quality: Support measures that maintain and enhance local decision-making authority, where appropriate, in the development and implementation of air quality attainment strategies Looking Ahead to 2020 October 2019 Report 3 When the Legislature returns in January 2020, there will be several important and lingering issues that will need to be addressed. Based on conversations that were started this year and the general political climate in Sacramento, TPA expects the following issues to be key topics for OCSD in 2020: • Development Impact Fees – One of the leading thoughts on how to best encourage additional housing development is reducing development impact fees that local agencies charge new housing developments. These fees are generally charged by local agencies to better assess and prepare for the increased effect of the developments on their operations. Although this conversation has largely revolved around cities, counties, and other land use authority agencies, TPA has been continuously involved in conversations with the relevant stakeholders to ensure that OCSD retains its right to charge new developments the appropriate connection and capacity fees to maintain its fiscal solvency. It is expected that this conversation will continue into 2020 and beyond as the Legislature looks to continue to address the State’s chronic housing problem. • Potential Natural Resources/Climate Change Bond – Toward the end of the 2019 legislative session, Assembly Members Eduardo Garcia (D – Coachella) and Kevin Mullin (D – South San Francisco) amended bills to introduce Natural Resources, Climate Change, and Wildfire Bonds for the November 2020 Ballot. The funding from the approximately $ 4 billion bond would go toward primarily for safe drinking water, clean water revolving funds, climate resiliency, and wildfire prevention. The proposed Bond still needs to be adopted by both the Assembly and the Senate and signed into law in order to be eligible for the November 2020 ballot. TPA is continuing to work with the Author’s offices to ensure that OCSD will be eligible for funding included in the Bond. • AB 1672 (Bloom) Flushable Wipes – The California Association of Sanitation Agencies (CASA) sponsored AB 1672 (Bloom) in 2019 to prohibit manufacturers of single-use wipes from labeling their products as “flushable” unless they meet objective and scientific standards that are safe for wastewater systems. OCSD was a vocal supporter of this legislation, however it failed to pass out of the Assembly Appropriations Committee and is now a two-year bill. CASA is committed to this bill concept in 2020, and TPA will ensure that OCSD continues to be a leader in the wastewater industry for meaningful regulation of flushable wipes. • SB 332 (Hertzberg) Ocean Discharge Reduction – Senator Hertzberg’s SB 332 would require wastewater agencies and their associated water suppliers to reduce their ocean outfall discharge volume by up to 95 percent by 2040. OCSD played a significant role in disputing the scientific and practical application of this mandate and worked with Senator Hertzberg’s office, the bill sponsors, industry groups, and local partners to ensure that more discussion surrounding this concept would occur prior to the bill moving forward. As a result, SB 332 failed to move forward and is a two-year bill. TPA will continue to work with OCSD staff and industry groups to ensure that OCSD is at the forefront of this conversation in 2020 as a statewide leader is wastewater management and recycling. OCSD State Bills of Interest BILL AUTHOR SUMMARY LATEST ACTION OCSD POSITION LEGISLATIVE PLAN OTHER POSITIONS AB 11 Chiu [D]Community Redevelopment Law of 2019 Current law dissolved redevelopment agencies as of February 1, 2012, and designates successor agencies to act as successor entities to the dissolved redevelopment agencies. This bill, the Community Redevelopment Law of 2019, would authorize a city or county, or two or more cities acting jointly, to propose the formation of an affordable housing and infrastructure agency by adoption of a resolution of intention that meets specified requirements, including that the resolution of intention include a passthrough provision and an override passthrough provision, as defined. Two Year Bill Watch State Priorities: Continue to monitor the state budget process and actively protect the allocation of local property taxes to special districts. ACCOC - NYC LOCC - Watch CASA - NYC ACWA - NYC CSDA - Oppose unless amended AB 68 Ting [D]Land use: accessory dwelling units. The Planning and Zoning Law authorizes a local agency to provide, by ordinance, for the creation of accessory dwelling units in single-family and multifamily residential zones and sets forth required ordinance standards, including, among others, lot coverage. This bill would delete the provision authorizing the imposition of standards on lot coverage and would prohibit an ordinance from imposing requirements on minimum lot size. Signed into law Watch Legislative and Regulatory Policies: Special Districts - Oppose further state regulations that adversely impact special district financing, operations, and administration. ACCOC - NYC LOCC - Watch CASA - NYC ACWA - NYC CSDA - Watch AB 69 Ting [D]Land use: accessory dwelling units. Current law requires the Department of Housing and Community Development to propose building standards to the California Building Standards Commission, and to adopt, amend, or repeal rules and regulations governing, among other things, apartment houses and dwellings, as specified. This bill would require the department to propose small home building standards governing accessory dwelling units smaller than 800 square feet, junior accessory dwelling units, and detached dwelling units smaller than 800 square feet, as specified, and to submit the small home building standards to the California Building Standards Commission for adoption on or before January 1, 2021. Two Year Bill Watch Legislative and Regulatory Policies: Special Districts - Oppose further state regulations that adversely impact special district financing, operations, and administration. ACCOC - NYC LOCC - Watch CASA - NYC ACWA - NYC CSDA - Watch AB 134 Bloom [D]Safe Drinking Water Restoration Would require the State Water Resources Control Board to report to the Legislature by July 1, 2025, on its progress in restoring safe drinking water to all California communities and to create an internet website that provides data transparency for all of the board’s activities described in this measure. The bill would require the board to develop metrics to measure the efficacy of the fund in ensuring safe and affordable drinking water for all Californians. Two Year Bill Watch State Priorities: Support legislation or regulations that restrict the use of microplastics in any product that is disposed of through the sewer system. ACCOC - NYC LOCC - Watch CASA - NYC ACWA - NYC CSDA - Watch Proposed Legislation 2019-2020 High Priority OCSD State Bills of Interest BILL AUTHOR SUMMARY LATEST ACTION OCSD POSITION LEGISLATIVE PLAN OTHER POSITIONS AB 223 Stone [D]California Safe Drinking Water Act: microplastics The California Safe Drinking Water Act requires the State Water Resources Control Board to administer provisions relating to the regulation of drinking water to protect public health. Current law requires the state board, on or before July 1, 2020, to adopt a definition of microplastics in drinking water and, on or before July 1, 2021, to adopt a standard methodology to be used in the testing of drinking water for microplastics and requirements for 4 years of testing and reporting of microplastics in drinking water, including public disclosure of those results. This bill would require the state board, to the extent possible, and where feasible and cost effective, to work with the State Department of Public Health in complying with those requirements. Two Year Bill Watch State Priorities: Support legislation or regulations that restrict the use of microplastics in any product that is disposed of through the sewer system. ACCOC - NYC LOCC - Watch CASA - NYC ACWA - NYC CSDA - Watch AB 231 Mathis [R]California Environmental Quality Act: exemption: recycled water. Would exempt from CEQA a project to construct or expand a recycled water pipeline for the purpose of mitigating drought conditions for which a state of emergency was proclaimed by the Governor if the project meets specified criteria. Because a lead agency would be required to determine if a project qualifies for this exemption, this bill would impose a state-mandated local program. The bill would also exempt from CEQA the development and approval of building standards by state agencies for recycled water systems. Two Year Bill Watch State Priorities: Support efforts to reform the California Environmental Quality Act (CEQA)to streamline current procedures and regulations for projects to refurbish or replace existing infrastructure facilities. ACCOC - NYC LOCC - Watch CASA - NYC ACWA - NYC CSDA - Support AB 291 Chu Emergency preparedness Would establish a Local Emergency Preparedness and Hazard Mitigation Fund to support staffing, planning, and other emergency mitigation priorities to help local governments meet emergency management, preparedness, readiness, and resilience goals. The bill would, upon appropriation by the Legislature, require the Controller to transfer $500,000,000 to the fund. The bill would require the Office of Emergency Services to establish the Local Emergency Preparedness and Hazard Mitigation Fund Committee under the Standardized Emergency Management System Advisory Board. Two Year Bill Watch State Priorities: Secure funding through grants and legislation for infrastructure, collection improvements and alternative renewable energy at the Fountain Valley, Plant No. 1 and Huntington Beach, Plant No. 2. ACCOC - NYC LOCC - Watch CASA - NYC ACWA - NYC CSDA - Watch AB 292 Quirk [D]Recycled water: raw water and groundwater augmentation Current law requires the State Water Resources Control Board, on or before December 31, 2023, to adopt uniform water recycling criteria for direct potable reuse through raw water augmentation, as specified. This bill would eliminate the definition of “direct potable reuse” and instead would substitute the term “groundwater augmentation” for “indirect potable reuse for groundwater recharge” in these definitions. The bill would require, on or before December 31, 2023, the state board to adopt uniform water recycling criteria for raw water augmentation. Two Year Bill Watch Legislative and Regulatory Policies: Water Quality and Supply - Support measures that promote and provide for the use of reclaimed water ACCOC - NYC LOCC - Watch CASA - NYC ACWA - NYC CSDA - Support OCSD State Bills of Interest BILL AUTHOR SUMMARY LATEST ACTION OCSD POSITION LEGISLATIVE PLAN OTHER POSITIONS AB 352 E. Garcia [D]Wildfire Prevention, Safe Drinking Water, Drought Preparation, and Flood Protection Bond Act of 2020. Would enact the Wildfire Prevention, Safe Drinking Water, Drought Preparation, and Flood Protection Bond Act of 2020, which, if approved by the voters, would authorize the issuance of bonds in the amount of $3,920,000,000 pursuant to the State General Obligation Bond Law to finance a wildlife prevention, safe drinking water, drought preparation, and flood protection program.The bill would provide for the submission of these provisions to the voters at the November 3, 2020, statewide general election. Two Year Bill Watch Legislative and Regulatory Policies: Grant Funding - Support 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, wastewater recycling, biosolids and organics management, water quality improvement, resource recovery, or alternative energy. AB 405 Rubio [D]Sales and use taxes: exemption: water treatment. Would exempt from Sales and Use Tax the gross receipts from the sale in this state of, and the storage, use, or other consumption in this state of, chemicals used to treat water, recycled water, or wastewater regardless of whether those chemicals or other agents become a component part thereof and regardless of whether the treatment takes place before or after the delivery to consumers. Two Year Bill Watch Guiding Principles: Seek funds for OCSD projects through grants, appropriations, or other ACCOC - NYC LOCC - Watch CASA - Support ACWA - NYC CSDA - Support AB 510 Cooley [D]Local government records: destruction of records. Current law authorizes the head of a department of a county or city, or the head of a special district to destroy recordings of telephone and radio communications maintained by that county, city, or special district after 100 days if that person receives approval from the legislative body and the written consent of the agency attorney. This bill would exempt the head of a department of a county or city, or the head of a special district from these recording retention requirements if the county, city, or special district adopts a records retention policy governing recordings of routine video monitoring and recordings of telephone and radio communications. Two Year Bill Support Legislative and Regulatory Policies: Security - Support legislation that would create efficiencies around the retention policy of surveillance video for innocuous recordings. ACCOC - NYC LOCC - Watch CASA - NYC ACWA - NYC CSDA - Sponsor OCSD State Bills of Interest BILL AUTHOR SUMMARY LATEST ACTION OCSD POSITION LEGISLATIVE PLAN OTHER POSITIONS AB 587 Friedman [D]Accessory dwelling units: sale or separate conveyance Current property tax law establishes a welfare exemption under which property is exempt from taxation if the property is owned and operated by a nonprofit corporation that is organized and operated for the purpose of building and rehabilitating single-family or multifamily residences for sale, as provided, at cost to low-income families. This bill would authorize a local agency to allow, by ordinance, an accessory dwelling unit that was created pursuant to the process described above to be sold or conveyed separately from the primary residence to a qualified buyer if certain conditions are met. Signed into law Watch Legislative and Regulatory Policies: Special Districts - Oppose further state regulations that adversely impact special district financing, operations, and administration. ACCOC - NYC LOCC - Watch CASA - Work w/ author ACWA - NYC CSDA - Watch AB 756 Garcia [D]Public water systems: perfluoroalkyl substances and polyfluoroalkyl substances Would authorize the State Water Resources Control Board to order a public water system to monitor for perfluoroalkyl substances and polyfluoroalkyl substances. The bill would require a community water system or a nontransient noncommunity water system, upon a detection of these substances, to report that detection, as specified. The bill would require a community water system or a nontransient noncommunity water system where a detected level of these substances exceeds the response level to take a water source where the detected levels exceed the response level out of use or provide a prescribed public notification. Signed into law Watch Legislative and Regulatory Policies: Source Control - Support legislation and funding mechanisms that reduce the amount of trash, waste, chemicals, and harmful organic material that enter the sewer system. ACCOC - NYC LOCC - Watch CASA - Watch ACWA - Watch CSDA - Watch AB 841 Ting [D]Drinking water: contaminants: perfluoroalkyl and polyfluoroalkyl substances. Would require the Office of Environmental Health Hazard Assessment to adopt and complete a work plan within prescribed timeframes to assess which substances in the class of perfluoroalkyl and polyfluoroalkyl substances should be identified as a potential risk to human health, as provided. The bill would require the office, as part of those assessments, to determine which of the substances are appropriate candidates for notification levels to be adopted by the state board. The bill would require the Office of Environmental Health Hazard Assessment, by January 1, 2022, to provide to the Legislature an update on the assessment. Two Year Bill Watch Legislative and Regulatory Policies: Source Control - Support legislation and funding mechanisms that reduce the amount of trash, waste, chemicals, and harmful organic material that enter the sewer system. ACCOC - NYC LOCC - Watch CASA - Watch ACWA - Watch CSDA - Watch AB 992 Mullin [D]Open meetings: local agencies: social media Would provide that the Ralph M. Brown Act does not apply to the posting, commenting, liking, interaction with, or participation in, internet-based social media platforms that are ephemeral, live, or static, by a majority of the members of a legislative body, provided that a majority of the members do not discuss among themselves business of a specific nature that is within the subject matter jurisdiction of the legislative body of the local agency. Two Year Bill Watch Legislative and Regulatory Policies: Special Districts - Oppose further state regulations that adversely impact special district financing, operations, and administration. ACCOC - NYC LOCC - Watch CASA - Approve ACWA - NYC CSDA - Support OCSD State Bills of Interest BILL AUTHOR SUMMARY LATEST ACTION OCSD POSITION LEGISLATIVE PLAN OTHER POSITIONS AB 1080 Gonzalez [D]California Circular Economy and Plastic Pollution Reduction Act Would establish the California Circular Economy and Plastic Pollution Reduction Act, which would require the Department of Resources Recycling and Recovery, in consultation with the State Water Resources Control Board and the Ocean Protection Council, to adopt, on or before January 1, 2023, regulations to achieve, by 2030, a 75% reduction by manufacturers and retailers of the waste generated from single-use packaging and products offered for sale or sold in the state through source reduction, recycling, or composting. Two Year Bill Watch State Priorities: Support legislation or regulations that restrict the use of microplastics in any product that is disposed of through ACCOC - NYC LOCC - Support CASA - NYC ACWA - NYC CSDA - NYC AB 1180 Friedman [D]Water: recycled water The California Safe Drinking Water Act requires the State Water Resources Control Board to administer provisions relating to the regulation of drinking water to protect public health. Current law requires, on or before January 1, 2020, the state board to adopt standards for backflow protection and cross-connection control through the adoption of a policy handbook, as specified. This bill would require that handbook to include provisions for the use of a swivel or changeover device to supply potable water to a dual-plumbed system during an interruption in recycled water service. Signed into law Watch Legislative and Regulatory Policies: Recycled Water - support measures that promote and provide for the use of reclaimed water. ACCOC - NYC LOCC - Watch CASA - Support ACWA - NYC CSDA - Support AB 1184 Gloria [D]Public records: writing transmitted by electronic mail: retention Would, unless a longer retention period is required by statute or regulation, require a public agency for purposes of the California Public Records Act to retain and preserve for at least 2 years every writing containing information relating to the conduct of the public’s business prepared, owned, or used by any public agency that is transmitted by electronic mail. Vetoed Watch Legislative and Regulatory Policies: Special Districts - Oppose further state regulations that adversely impact special district financing, operations, and administration. ACCOC - NYC LOCC - Oppose CASA - Watch ACWA - NYC CSDA - Oppose AB 1588 Gloria [D]Drinking water and wastewater operator certification programs Current law requires a person who operates a nonexempt wastewater treatment plant to possess a valid, unexpired wastewater certificate or water treatment operator certificate of the appropriate grade. This bill, when applying for certification by the board as a water treatment operator, distribution system operator, or wastewater operator, would require operators of complex industrial facilities, including members of the military and military service veterans, to receive appropriate equivalent experience credit and education credit for work and tasks performed that are directly related to the operation of water or wastewater facilities, as specified. Signed into law Watch Legislative and Regulatory Policies: Special Districts - Oppose further state regulations that adversely impact special district financing, operations, and administration. ACCOC - NYC LOCC - Watch CASA - Support ACWA - NYC CSDA - Support OCSD State Bills of Interest BILL AUTHOR SUMMARY LATEST ACTION OCSD POSITION LEGISLATIVE PLAN OTHER POSITIONS AB 1672 Bloom [D]Solid waste: flushable products The California Integrated Waste Management Act of 1989, administered by the Department of Resources Recycling and Recovery, generally regulates the disposal, management, and recycling of solid waste. This bill would, among other things, on or after January 1, 2021, prohibit a covered entity, as defined, from labeling a covered product as safe to flush, safe for sewer systems, or safe for septic systems, unless the product is a flushable wipe that meets certain performance standards. The bill would require nonflushable products to be labeled clearly and conspicuously to communicate that they should not be flushed, as specified. Two Year Bill Support Legislative and Regulatory Policies: Source Control - Support legislation that regulates the disposal of flushable wipes. ACCOC - NYC LOCC - Watch CASA - Sponsor ACWA - Support CSDA - Support ACA 1 Aguiar-Curry [D]Local government financing: affordable housing and public infrastructure: voter approval. The California Constitution prohibits the ad valorem tax rate on real property from exceeding 1% of the full cash value of the property, subject to certain exceptions. This measure would create an additional exception to the 1% limit that would authorize a city, county, city and county, or special district to levy an ad valorem tax to service bonded indebtedness incurred to fund the construction, reconstruction, rehabilitation, or replacement of public infrastructure, affordable housing, or permanent supportive housing, or the acquisition or lease of real property for those purposes, if the proposition proposing that tax is approved by 55% of the voters of the city, county, or city and county, as applicable, and the proposition includes specified accountability requirements. Currently on the Assembly Floor Watch Guiding Principles: Seek funds for OCSD projects through grants, appropriations, or other means; ACCOC - NYC LOCC - Support CASA - Support ACWA - NYC CSDA - Support SB 1 Atkins [D]California Environmental, Public Health, and Workers Defense Act of 2019. This bill seeks to freeze federal Clean Air Act, Clean Water Act, Safe Drinking Water Act, Endangered Species Act, Fair Labor Standards Act, Occupational Safety and Health Act and Coal Mine Health and Safety Act requirements to those in place as of January 19, 2017. SB 1 refers to federal requirements existing as of this date, as “baseline federal standards.” SB 1 is intended to “ensure continued protections for the environment, natural resources, and public health and safety” in California, even if the noted federal laws are “undermined, amended or repealed” by making the baseline environmental standards the new floor for environmental and worker protections in California Vetoed Watch Legislative and Regulatory Policies: 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. ACCOC - NYC LOCC - Watch CASA - NYC ACWA - Oppose CSDA - NYC OCSD State Bills of Interest BILL AUTHOR SUMMARY LATEST ACTION OCSD POSITION LEGISLATIVE PLAN OTHER POSITIONS SB 5 Beall [D]Local-State Sustainable Investment Incentive Program Would establish in state government the Affordable Housing and Community Development Investment Program, which would be administered by the Affordable Housing and Community Development Investment Committee. The bill would authorize a city, county, city and county, joint powers agency, enhanced infrastructure financing district, affordable housing authority, community revitalization and investment authority, transit village development district, or a combination of those entities, to apply to the Affordable Housing and Community Development Investment Committee to participate in the program and would authorize the committee to approve or deny plans for projects meeting specific criteria. Vetoed Watch State Priorities: Continue to monitor the state budget process and actively protect the allocation of local property taxes to special districts. ACCOC - NYC LOCC - Support CASA - Watch ACWA - NYC CSDA - Watch SB 13 Weickowski [D]Accessory dwelling units Would authorize the creation of accessory dwelling units in areas zoned to allow single-family or multifamily dwelling use. The bill would also revise the requirements for an accessory dwelling unit by providing that the accessory dwelling unit may be attached to, or located within, an attached garage, storage area, or other structure, and that it does not exceed a specified amount of total floor area. Bill was amended to remove the cap on capacity and connection fees that agencies can charge new ADUs. Signed into law Watch Legislative and Regulatory Policies: Special Districts - Oppose further state regulations that adversely impact special district financing, operations, and administration. ACCOC - NYC LOCC - Oppose unless amended CASA - Work w/ author ACWA - NYC CSDA - Oppose SB 33 Skinner Solid waste: reduction and recycling. The California Integrated Waste Management Act of 1989, administered by the Department of Resources Recycling and Recovery, generally regulates the disposal, management, and recycling of solid waste.This bill would state the intent of the Legislature to enact legislation that would address the collapse of foreign recycling markets by reducing solid waste generation, encouraging transition to compostable or recyclable materials, and fostering domestic recycling markets. Two Year Bill Watch Legislative and Regulatory Policies: Biosolids and Biogas - Limit redundant reporting requirements on organics, recyclable material, and solid waste as mandated by AB 901. ACCOC - NYC LOCC - Watch CASA - NYC ACWA - NYC CSDA - Watch OCSD State Bills of Interest BILL AUTHOR SUMMARY LATEST ACTION OCSD POSITION LEGISLATIVE PLAN OTHER POSITIONS SB 134 Hertzberg [D]Water conservation: water loss performance standards: enforcement. Current law requires the State Water Resources Control Board, no earlier than January 1, 2019, and no later than July 1, 2020, to adopt rules requiring urban retail water suppliers to meet performance standards for the volume of water losses. This bill would prohibit the board from issuing an information order, written notice, or conservation order to an urban retail water supplier that does not meet its urban water use objective if the board determines the urban retail water supplier is not meeting its urban water use objective solely because the volume of water loss exceeds the urban retail water supplier’s standard for water loss and the board is taking enforcement action against the urban retail water supplier for not meeting the performance standards for the volume of water losses. Signed into law Watch Legislative and Regulatory Policies: Water Supply - Support legislation and regulation that necessitate the responsible use of water in residential, commercial, and industrial areas ACCOC - NYC LOCC - Watch CASA - NYC ACWA - NYC CSDA - Support SB 200 Safe and Affordable Drinking Water Fund. Would establish the Safe and Affordable Drinking Water Fund in the State Treasury to help water systems provide an adequate and affordable supply of safe drinking water in both the near and the long term. The bill would authorize the board to provide for the deposit into the fund of federal contributions, voluntary contributions, gifts, grants, and bequests and would provide that moneys in the fund are available, upon appropriation by the Legislature, to the board to fund grants, loans, contracts, or services to assist eligible recipients. Signed into law Watch State Tactics: Support tax reform that protects public agencies ACCOC - NYC LOCC - Watch CASA - NYC ACWA - NYC CSDA - Watch SB 210 Leyva [D]Heavy-Duty Vehicle Inspection and Maintenance Program. Current law requires the State Air Resources Board, in consultation with the Bureau of Automotive Repair and a specified review committee, to adopt regulations requiring owners or operators of heavy-duty diesel motor vehicles to perform regular inspections of their vehicles for excessive emissions of smoke. Current law requires the state board, in consultation with the State Energy Resources Conservation and Development Commission, to adopt regulations requiring heavy-duty diesel motor vehicles to use emission control equipment and alternative fuels. This bill would require the state board, in consultation with the bureau and other specified entities, to implement a pilot program that develops and demonstrates technologies that show potential for readily bringing heavy- duty vehicles into an inspection and maintenance program. Signed into law Recommen d Oppose Legislative and Regulatory Policies: Air Quality - Support measures that maintain and enhance local decision-making authority, where appropriate, in the development and implementation of air quality attainment strategies ACCOC - NYC LOCC - Watch CASA - Watch ACWA - Watch CSDA - Watch OCSD State Bills of Interest BILL AUTHOR SUMMARY LATEST ACTION OCSD POSITION LEGISLATIVE PLAN OTHER POSITIONS SB 332 Hertzberg [D]Wastewater treatment: recycled water. Would declare, except in compliance with the bill’s provisions, that the discharge of treated wastewater from ocean outfalls is a waste and unreasonable use of water. The bill would require each wastewater treatment facility that discharges through an ocean outfall and affiliated water suppliers to reduce the facility’s annual flow as compared to the average annual wastewater discharge baseline volume, as prescribed, by at least 50% on or before January 1, 2030, and by at least 95% on or before January 1, 2040. The bill would subject the owner or operator of a wastewater treatment facility, as well as the affiliated water suppliers, to a civil penalty of $2,000 per acre-foot of water above the required reduction in overall volume discharge for the failure to meet these deadlines. Two Year Bill Watch State Legislation: Work with legislators who introduced legislation such as SB 163 (Hertzberg, 2015) in order to ensure that no unrealistic regulations are placed on wastewater treatment facilities, including OCSD ACCOC - NYC LOCC - Oppose CASA - Oppose ACWA - NYC CSDA - Oppose SB 457 Hueso [D]Biomethane: gas corporations Under existing law, the Public Utilities Commission has regulatory authority over public utilities, including gas corporations. Existing law authorizes the commission to fix the rates and charges for every public utility and requires that those rates and charges be just and reasonable. Existing law requires the commission to adopt policies and programs that promote the in-state production and distribution of biomethane, as defined, and that facilitate the development of a variety of sources of in-state biomethane. This bill would require the Public Utilites Commission to extend the program until December 31, 2026. This bill contains other related provisions and other existing laws. Signed into law Watch Legislative and Regulatory Polciies: Biosolids and Biogas - Support streamlined legislation, regulations and policies that encourage the procurement of biogas, biosolids, and compost. ACCOC - NYC LOCC - Watch CASA - Refer to Committee ACWA - NYC CSDA - NYC SB 667 Hueso [D]Greenhouse gases: recycling infrastructure and facilities. Would require the Department of Resources Recycling and Recovery to develop, on or before January 1, 2021, and would authorize the department to amend, a 5-year investment strategy to drive innovation and support technological development and infrastructure, in order to meet specified organic waste reduction and recycling targets, as provided. The bill would require, on or before June 1, 2021, the department, in coordination with the Treasurer, to develop financial incentive mechanisms, including, but not limited to, loans and incentive payments, to fund organic waste diversion and recycling infrastructure. Two Year Bill Watch Legislative and Regulatory Polciies: Biosolids and Biogas - Support the promotion and funding of local pilot programs, studies, and research for the beneficial use of biosolids. ACCOC - NYC LOCC - Support CASA - Support ACWA - NYC CSDA - NYC OCSD State Bills of Interest BILL AUTHOR SUMMARY LATEST ACTION OCSD POSITION LEGISLATIVE PLAN OTHER POSITIONS SB 732 Allen [D]Transactions and use tax. Current law establishes the South Coast Air Quality Management District vested with the authority to regulate air emissions from stationary sources located in the South Coast Air Basin and establishes a district board to govern the district. This bill would authorize the south coast district board to impose a transactions and use tax within the boundaries of the south coast district, as specified, with the moneys generated from the transactions and use tax to be used to supplement existing revenues being used for south coast district purposes, as specified. Two Year Bill Watch Legislative and Regulatory Polciies: Air Quality - Support air quality legislations, regulations, rules, and policies that emphasize the use of advanced technologies and promote greater flexibility and financial incentives to reduce air emission. ACCOC - NYC LOCC - Watch CASA - NYC ACWA - NYC CSDA - No position Legend: ACC-OC - Association of California Cities, Orange County LOCC - League of California Cities NYC - Not Yet Considered CASA - California Association of Sanitation Agencies ACWA - Association of California Water Agencies CSDA - California Special Districts Association Name of Grant/Loan Synopsis of Grant/Loan Amount of Grant/Loan Amount Applying for Applying Y/N Project/Program Reason Match Deadline Category Rcvd Grant/ Financing Y/N Organics Grant Program The Organics Grant Program is part of California Climate Investments, a statewide program that puts billions of cap- and-trade dollars to work reducing greenhouse gas emissions, strengthening the economy, and improving public health and the environment - particularly in disadvantaged and/or low-income communities. The Cap- and-Trade program also creates a financial incentive for industries to invest in clean technologies and develop innovative ways to reduce pollution. California Climate Investments projects include affordable housing, renewable energy, public transportation, zero-emission vehicles, environmental restoration, more sustainable agriculture, recycling, and much more. At least 35 percent of these investments are made in disadvantaged and low- income communities. $16,112,753 ($13,312,753 is available for fiscal year (FY) 2018–19, and $3 million is available for fiscal year (FY) 2019–20) TBD Yes if we qualify. Food-Waste Co-Digestion facility at Plant No.2 in Huntington Beach to accept up to 150 wet tons per day (wtpd) of pre-processed source separated organics. We will review the possible funding opportunity to determine if it is a fit for the Sanitation District. TBD 11/21/2019 Energy/Recycling TBD Integrated Regional Water Management (IRWM) Grant Program The Proposition 1 IRWM Grant Program, administered by DWR, provides funding for projects that help meet the long term water needs of the state, including: Assisting water infrastructure systems adapt to climate change; Providing incentives throughout each watershed to collaborate in managing the region's water resources and setting regional priorities for water infrastructure $3,000,000.00 per grant award NA TBD (Round 2)NA TPA and OCSD are monitoring the grant program development from the Santa Ana Watershed Project Authority (SAWPA). The solicitation for bids was announced by SAWPA and staff determined that an application for funding was not warranted due to a lack of eligible and competitive projects. 50%NA. Will return in 2021 for Round 2 Water No The Water Infrastructure Improvements Act (WIIN) The Title XVI Water Reclamation and Reuse Projects funding opportunity allows for sponsors of water reclamation and reuse projects that are congressionally authorized or are eligible under section 4009(c) of the WIIN Act to request cost-shared funding for planning, design and/or construction of those Projects. Water reclamation and reuse projects provide improved efficiency, flexibility during water shortages and diversifies the water supply. Reclamation is making up to $20 million available for those projects authorized under the WIIN Act and $34 million for the congressionally authorized Title XVI projects. $550,000 Yes Final Expansion of GWRS Headworks (P2-122) The Sanitation District is applying for Headworks Segregation project that will help to bring more water to the GWRS. Title 16 will pay up to 25 percent of the available money 7/27/2018 Water/ Infrastructure No The Water Infrastructure Improvements Act (WIIN) The Title XVI Water Reclamation and Reuse Projects funding opportunity allows for sponsors of water reclamation and reuse projects that are congressionally authorized or are eligible under section 4009(c) of the WIIN Act to request cost-shared funding for planning, design and/or construction of those Projects. Water reclamation and reuse projects provide improved efficiency, flexibility during water shortages and diversifies the water supply. Reclamation is making up to $20 million available for those projects authorized under the WIIN Act. $3 million Yes Final Expansion of GWRS Headworks (P2-122) The Sanitation District applied for Headworks Segregation project that will help to bring more water to the GWRS. Title 16 will pay up to 25 percent of the available money 6/28/2019 Water/ Infrastructure TBD Stormwater and CSO Grant Program USEPA is authorized to provide grants assistance of public agencies to control stormwater flows and CSO's Funding cost-share is not identified in the law TBD TBD. We will monitor for possible funding opportunities/A TBD Funding must be appropriated as part of current FY 2019 budget impasse TBD TBD Water/ Infrastructure TBD OCSD's Grant and Loan Funding Tracker 2018-2019 STATE FEDERAL Updated 10/14/2019 Name of Grant/Loan Synopsis of Grant/Loan Amount of Grant/Loan Amount Applying for Applying Y/N Project/Program Reason Match Deadline Category Rcvd Grant/ Financing Y/N OCSD's Grant and Loan Funding Tracker 2018-2019 The Department of Energy (DOE), USBR and USEPA The DOE’s Office of Energy Efficiency is likely to continue to be funded by Congress to support such efforts as biogas, biosolids and green energy. A minimum of $20 million to as much as $100 million based upon prior years’ budgets. USBR could receive as much as $130 million in support of the WaterSmart (due to increased funding under WIIN) during the next several years. USBR will issue solicitations for innovative approaches to managing water and water treatment through technology and processes. TBD TBD. We will monitor for possible funding opportunities Project Funding Opportunity: Energy production to reduce costs of recycled water through innovative technologies like Aquacritox, Innovative water monitoring technology that can produce efficient real time monitoring and data analysis, Biogas Management and Use Improvements. We will review the possible funding opportunity to determine if it is a fit for the Sanitation District. N/A TBD Energy TBD Community Partnering Program Grant Metropolitan Water District The primary focus of the Community Partnering Program (CPP) is sponsorship of water conservation and water-use efficiency programs and activities. Applications must be submitted 30 days prior to the start date of the event or program. Requests for a maximum $2,000 award will be reviewed year-round and funds are awarded throughout the year. Funds are limited, however, and may be depleted prior to the ending of this fiscal year (June 30). $2,000 Yes For Plant No. 1 Signage Applied Match ongoing Education Yes Mass Timber Competition CalGovOps The California Government Operations Agency (GovOps) will award $500,000 in grants as part of the statewide California Mass Timber Building Competition. Grants will be awarded to selected proponent teams presenting viable and repeatable mass timber solutions for commercial and multi-family projects in California. The competition is being hosted by GovOps and administered by WoodWorks – Wood Products Council. $40,000 Yes Headquarters Building Applied No 03/18/19 Environment Yes Other Updated 10/14/2019 Orange County Sanitation District LEGISLATIVE AND PUBLIC AFFAIRS COMMITTEE Agenda Report Administration Building 10844 Ellis Avenue Fountain Valley, CA 92708 (714) 593-7433 File #:2019-549 Agenda Date:11/4/2019 Agenda Item No:4. FROM:James D. Herberg, General Manager SUBJECT: CALIFORNIA ASSOCIATION OF SANITATION AGENCIES AND ASSOCIATION OF CALIFORNIA CITIES-ORANGE COUNTY GENERAL MANAGER'S RECOMMENDATION RECOMMENDATION: Information Item. BACKGROUND The Orange County Sanitation District (Sanitation District)asked Jessica Gauger,Director of Legislative Advocacy from the California Association of Sanitation Agencies (CASA),and Bruce Channing,Executive Director from the Association of California Cities-Orange County (ACC-OC),to make informational presentations to the Legislative and Public Affairs Committee.Ms.Gauger and Mr.Channing will present a general overview of CASA’s and ACC-OC’s legislative activities/platform and highlight the upcoming goals for next year. RELEVANT STANDARDS ·Maintain influential legislative advocacy and a public outreach program ·Maintain collaborative and cooperative relationships with regulators,stakeholders,and neighboring communities ADDITIONAL INFORMATION The Public Affairs Office works closely on legislative issues with both associations to ensure that the Sanitation District is properly represented on issues that could influence the Sanitation District or the wastewater industry. ATTACHMENT The following attachment(s)are included in hard copy and may also be viewed on-line at the OCSD website (www.ocsd.com) with the complete agenda package: N/A Orange County Sanitation District Printed on 10/23/2019Page 1 of 1 powered by Legistar™ Orange County Sanitation District LEGISLATIVE AND PUBLIC AFFAIRS COMMITTEE Agenda Report Administration Building 10844 Ellis Avenue Fountain Valley, CA 92708 (714) 593-7433 File #:2019-550 Agenda Date:11/4/2019 Agenda Item No:5. FROM:James D. Herberg, General Manager SUBJECT: DRAFT 2020 LEGISLATIVE/REGULATORY PLAN GENERAL MANAGER'S RECOMMENDATION RECOMMENDATION: Information Item. BACKGROUND Each year,the Board of Directors adopts a legislative and regulatory plan,which is a summary of the Orange County Sanitation District’s (Sanitation District)goals,key issues,and policy positions.The legislative and regulatory policies in this document were developed taking into consideration the Sanitation District’s priorities,the wastewater industry,and the Sanitation District’s member agencies and policy needs. These Board-approved policies serve as the Sanitation District’s official positions of support or opposition on issues of importance to the agency.The legislative and regulatory plan is a dynamic document,adopted annually,and is modified to meet the needs of the Sanitation District as Federal, State, and local policymaking agendas change throughout the year. RELEVANT STANDARDS ·Maintain influential legislative advocacy and a public outreach program ·Build brand, trust, and support with policy makers and community leaders ·Maintain collaborative and cooperative relationships with regulators,stakeholders,and neighboring communities ·Listen to and seriously consider community input on environmental concerns ·Use all practical and effective means for resource recovery PROBLEM Local and Federal legislation and regulations can have significant impacts on the Sanitation District’s ability to accomplish our mission.Impacts from legislative action can affect the Sanitation District and our customers either positively or negatively.Also,the Sanitation District and other public agencies are sometimes precluded from pursuing innovations and solutions to problems without new legislation or changes to existing laws and regulations. Orange County Sanitation District Printed on 10/24/2019Page 1 of 2 powered by Legistar™ File #:2019-550 Agenda Date:11/4/2019 Agenda Item No:5. PROPOSED SOLUTION The draft 2020 Legislative and Regulatory Plan,which will go to the full Board in December,includes our platform and approach to engaging with Federal,State,and local governments to inform and advocate for the Sanitation District’s legislative interests.This program includes sponsoring and monitoring legislation and grants that would benefit the Sanitation District’s customers and the wastewater industry,in addition to advancing our mission.The program also incudes relationship building activities and outreach to our elected officials by providing facility tours,one-on-one meetings, and trips to D.C. and Sacramento. TIMING CONCERNS The final 2020 Legislative and Regulatory Plan is scheduled to go the Legislative and Public Affairs Committee and Board in December for approval and adoption.It is important that the draft plan be reviewed in November, prior to the final version submitted in December. RAMIFICATIONS OF NOT TAKING ACTION If we do not effectively work with the local,State,and Federal elected officials,legislation could be passed that negatively affects the Sanitation District and the wastewater industry as a whole. Additionally, the Sanitation District could miss out on of grant funding opportunities. ATTACHMENT The following attachment(s)are included in hard copy and may also be viewed on-line at the OCSD website (www.ocsd.com) with the complete agenda package: ·Draft 2020 Legislative/Regulatory Plan Orange County Sanitation District Printed on 10/24/2019Page 2 of 2 powered by Legistar™ ORANGE COUNTY SANITATION DISTRICT 2020 Legislative and Regulatory Plan Orange County Sanitation District 2020 Legislative & Regulatory Plan 2 January 2020 Legislative & Regulatory Affairs Team OCSD Staff Rebecca Long Senior Public Affairs Specialist (714) 593-7444 rlong@ocsd.com Jennifer Cabral Administration Manager (714) 593-7581 jcabral@ocsd.com Jim Herberg General Manager (714) 593-7110 jherberg@ocsd.com Federal Lobbying Team Eric Sapirstein ENS Resources (202) 466-3755 esap@ensresources.com Sarah Sapirstein ENS Resources (202) 466-3755 ssap@ensresources.com David French ENS Resources (202) 466-3755 dfrench@ensresources.com State Lobbying Team Cori Williams Townsend Public Affairs (949) 399-9050 cwilliams@TownsendPA.com Eric O’Donnell Townsend Public Affairs (949) 399-9050 eodonnell@TownsendPA.com Christopher Townsend Townsend Public Affairs (949) 399-9050 ctownsend@TownsendPA.com Regulatory Advocacy Team Tom Meregillano, Senior Regulatory Specialist (714) 593-7457 tmeregillano@ocsd.com Lan Wiborg, Director of Environmental Services (714) 593-7450 lwiborg@ocsd.com Orange County Sanitation District 2020 Legislative & Regulatory Plan 3 January 2020 Introduction The Orange County Sanitation District (OCSD) recognizes the need for an active local, state and federal legislative and regulatory advocacy program to ensure that the interests of the ratepayers and the Board of Directors (Board) are protected and supported. Towards that end, the legislative and regulatory team actively engages, pursues, and monitors activities in California and Washington, D.C. and takes appropriate action in support of or opposition to legislative and regulatory initiatives. Each year, the Board of Directors adopts a legislative and regulatory plan, which is a summary of OCSD’s goals, key issues, and policy positions. The legislative and regulatory policies in this document were developed taking into consideration OCSD’s priorities, the wastewater industry, and OCSD’s member agencies 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 and regulatory plan is a dynamic document, adopted annually and is modified to meet the needs of OCSD as federal, state, and local policymaking agendas change throughout the year. The legislative and regulatory team, in conjunction with the Board, may take appropriate action consistent with the legislative and regulatory plan, including, but not limited to, drafting letters, lobbying legislators, regulators, and staff, and crafting bills and proposing legislation and regulations. Procedure for Taking Positions 1. Staff will track bills and proposed regulations of greatest interest to OCSD, particularly those that fall within the goals and objectives identified by the Board and included in this plan. Staff will monitor bills and proposed regulations being watched by similar agencies in Orange County (Irvine Ranch Water District, South Orange County Water Authority, Orange County Water District, Municipal Water District of Orange County, etc.) as well as state, federal and national associations such as California Association of Sanitation Agencies (CASA), Southern California Alliance of Publicly Owned Treatment Works (SCAP), California Special Districts Association (CSDA), Association of California Water Agencies (ACWA), Association of California Cities Orange County (ACC-OC), League of California Cities (LOCC), and National Association of Clean Water Agencies (NACWA). 2. For those bills and proposed regulations that are being tracked and where there is clear policy direction stated in the Board-adopted legislative and regulatory plan or adopted goals, Public Affairs and Regulatory staff can send letters to legislators and regulators and give direction to the lobbyists to advocate that position. 3. Where an issue is not urgent, all legislative letters will be hand-signed by the Board Chair or Vice Chair. If a matter is urgent, staff may use the electronic signature, so long as a clear policy direction exists and the General Manager or Designee approves the letter. 4. When a bill does not fall within the scope of the legislative and regulatory plan or is a controversial issue, staff will seek direction from the Legislative and Public Affairs Committee. 5. If a bill does not fall within the scope of the legislative plan, but the Association of California Cities Orange County (ACCOC), California Association of Sanitation 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 Legislative and Public Affairs Committee of such action at the next regularly scheduled meeting. Orange County Sanitation District 2020 Legislative & Regulatory Plan 4 January 2020 Guiding Priorities • Seek funds for OCSD projects through grants, appropriations, or other means; • Maintain local control over governance of special districts and other local entities; • Oppose redundant regulatory and legislative requirements that cause undue constraints on efficient operations; • Support legislative regulatory streamlining that promotes public health and the environment. Federal Priorities • Advocate for robust federal water infrastructure funding including State Revolving Fund and the Water Infrastructure Improvements for the Nation (WIIN) Act including water infrastructure provisions. Additionally, federal support in the form of assistance for disadvantaged communities should be provided. • Identify and work to secure general and direct federal grants assistance, Water Infrastructure Finance and Innovation (WIFIA) Act assistance, green infrastructure, renewable energy, and water and organic management recycling project assistance. • Work with Congress and United States Environmental Protection Agency (EPA) to advance implementation of the WaterSense Program to increase the use of energy and water use efficient technologies at OCSD while protecting against treatment cost increases related to program rulemaking. • Monitor federal agency grants for funding of traditional wastewater treatment needs, alternative renewable energy, bioenergy, water recycling, biosolids beneficial use, and beach protection. • Work with Administration and Congress to advance commonsense permitting processes including ten-year National Pollutant Discharge Elimination System (NPDES) permits and programmatic permits issued by United States EPA and the U.S. Army Corps of Engineers to promote reduced costs to ratepayers. Any authority to issue efficient permitting solutions should not impose new requirements or burdens on permittees. • Work with Congress to address concerns stemming from Mobile Persistent Bioaccumulative Toxic substances (MPBTs) for example: Perfluorooctanoic acid (PFAS). Support federal assistance, including grants to local agencies to support clean-up costs. • Provide that any funding regime be derived from the manufacturers of PFAS/PFOA chemicals to provide federal grants and low-interest loans to agencies impacted. • Oppose designation of PFAS as a hazardous waste under Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). • Clarify that if PFAS is defined as a hazardous waste under CERCLA that water and wastewater agencies are not subject to any liability clean-up costs, if such agencies are not actively involved in the production of the chemicals and are simply receivers of such chemicals due to the discharge of wastewaters from industry and domestic sewage. • Work with OCSD’s congressional delegation and administration officials to advance resiliency and infrastructure policies that promote the funding of OCSD’s water recycling and other conservation projects. Seek to secure adequate funding of programs authorized in drought relief legislation to facilitate funding of OCSD’s project priorities. • Support legislation, policies and regulations that offer to provide below market bonding rate assistance to construct treatment facilities, including credit assistance and infrastructure banks. Focus should be on energy recovery technologies, core infrastructure assistance related wastewater treatment, funding of final stage of water recycling needs, and related demonstration of evolving technologies to address brine line needs. • Oppose legislation to label wipes as flushable. Orange County Sanitation District 2020 Legislative & Regulatory Plan 5 January 2020 • During the fiscal year 2021 appropriations, identify opportunities to secure federal support of OCSD’s capital project needs as part of any budget decision making process for the coming fiscal year. • Promote restoration of federal deductibility of state and local tax payments and oppose elimination or restriction on the use or availability of tax-exempt financing for public infrastructure. • Support at least $3 billion in annual federal appropriations for the Clean Water Act State Revolving Fund (CWSRF). Work with Congress and the United States Environmental Protection Agency to streamline the Clean Water Act permitting processes. Provide assurances that CWSRF appropriations are not transferred to State Drinking Water State Revolving Fund (SRF) needs. • Support legislation to revise the SRF allocation formula to allow for appropriate and fair share of funding to California consistent with United States EPA study (20% increase in share). • Support removal of private activity Bond State Volume Cap on water and wastewater facilities to allow for innovative financing options such as public private partnerships. • Work with the EPA on emerging regulatory issues of concern including integrated plans, method development, monitoring effluent limitations and guidelines, and compounds of emerging concern including but not limited to PFAS and microplastics. • OCSD will continue to advocate for federal policies that minimize regulatory burdens imposed upon communities and public agencies that seek to adopt programs for the giveback of pharmaceuticals that will result in the reduction of disposal of pharmaceuticals through wastewater treatment facilities. Additionally, OCSD will advocate for federal funding of programs currently authorized that support the development of pharmaceutical management programs including education. • Support development of infrastructure policies and legislation that will close funding gaps and encourage direct grants assistance in support of projects and programs addressing resiliency needs that protect OCSD investments from natural disasters. • Work with U.S. Department of Energy and EPA to identify and support efforts to secure funding assistance for OCSD energy-water nexus project demonstrations. • Oppose EPA’s reform to change the cellulosic biofuel value of the co-digestion of organics, which will lower Renewable Identification Number (RIN) credit. State Priorities • Secure funding through grants and legislation for infrastructure, collection improvements and alternative renewable energy at the Fountain Valley, Plant No. 1 and Huntington Beach, Plant No. 2. • Promote a regional distribution/statewide equity approach to the disbursement of State Revolving Fund monies. • Oppose legislation or any regulations that would mandate volumetric pricing of wastewater. • Continue to monitor the state budget process and actively protect the allocation of local property taxes to special districts. • Monitor state legislation as well as State Water Resources Control Board (SWRCB) regulatory activity related to PFAS. • Work with legislators to address concerns stemming from Mobile Persistent Bioaccumulative Toxic substances (MPBTs) for example PFAS. Support funding opportunities for clean-up costs from the manufacturers of PFAS and through state grants and low-interest loans. Orange County Sanitation District 2020 Legislative & Regulatory Plan 6 January 2020 • Work with legislators who introduced legislation such as SB 163 (Hertzberg, 2015) and SB 332 (Hertzberg, 2019) to ensure that no unrealistic, one size fits all, regulations are placed on wastewater treatment facilities requirements for discharging, including OCSD. • Oppose state mandates, regulations, or legislation such as AB 1217 (Daly, 2015) that set, alter, or otherwise modify the governance structure of special districts, joint powers authorities, or other local government entities. • Support efforts to competitively seek funding for projects that meet the State’s goals of expanded water supply and energy reduction. • Where appropriate, pursue State funding for critical aging infrastructure, through funding sources made available through any agency including but not limited to the SWRCB and the Department of Water Resources. • Support and participate in Integrated Regional Water Management planning efforts in the Santa Ana River watershed. • Oppose restrictive and redundant regulatory requirements for biosolids. • Support the creation of a Statewide Organics Management Plan that includes the beneficial use of biosolids, education, market expansion activities, and mandates to buy-back compost and other organics diverted from landfills. • Support funding through grants and legislation for a Food Waste/Organic Co-Digestion facility at OCSD. • Monitor pension reform legislation for clean-up bills and relevant proposed regulations. • Support the State’s efforts to increase the effectiveness and efficiencies of Local Agency Formation Commissions. • Support efforts to reform the California Environmental Quality Act (CEQA) to streamline current procedures and regulations for projects to refurbish or replace existing infrastructure facilities. • Actively monitor the Little Hoover Commission hearings and reports related to climate change adaptation, special districts and other topics as it relates to OCSD. • Support the inclusion of recycled water credits during the development of long-term water conservation legislation and regulations. • Support legislation or regulations that restrict the use of microplastics and chemicals of emerging concern in any product that is disposed of through the sewer system. • Support legislation, such as AB 1672 (Bloom), or regulations that discourage the flushing of wipes through the sewer system, unless they meet certain performance standards. Orange County Sanitation District 2020 Legislative & Regulatory Plan 7 January 2020 Appendix a. Federal Tactics b. State Tactics c. Legislative and Regulatory Policies Federal Tactics Initiative Action 1. Identify and advise on federal funding opportunities for OCSD infrastructure projects • Schedule meetings with federal agency stakeholders and senior officials in Washington D.C. and district offices to build support for OCSD priority projects; • Work with congressional delegation to update priority needs; and • Develop white papers to justify requested assistance through direct grants. 2. Seek funding assistance to advance recovery of energy and other resources from biosolids and other organics such as food waste • Meet with federal agency officials to discuss funding opportunities and options related to the energy water nexus; and • Work with U.S. Environmental Protection Agency and other agencies to advance energy and water efficient technologies related to WaterSense grant program. 3. Seek Infrastructure assistance A. Robust funding of State Revolving Fund (SRF) and revise SRF Allocation Formula B. Innovative Financing C. Project Streamlining • Meet with congressional delegation; • Develop priorities and disseminate to OCSD congressional delegation; • Advocate before congressional infrastructure committees and applicable Executive Branch officials to secure adoption of alternative water infrastructure financing including credit, loans, public-private-partnerships and grants in addition to direct grants assistance; • Work to secure legislation and policies that expedite the National Environmental Policy Act and related reviews and approvals; and Appendices Appendix A Orange County Sanitation District 2020 Legislative & Regulatory Plan 8 January 2020 • Work with Congress and U.S. Bureau of Reclamation on proposals to provide enhanced alternative water infrastructure financing tools. 4. Support tax reform that protects public agencies • Work with NACWA and CASA in support of unrestricted use of tax- exempt financing and feasible innovative financing approaches such as infrastructure banks to supplement traditional funding approaches; • Work with state and local government stakeholders to restore state and local tax deductibility and advocate before congressional delegation; and • Submit testimony and transmit communications on tax-exempt financing and where possible present testimony. 5. Support resiliency legislation, regulations, and policies that support protection of OCSD investments and promote water and biosolids recycling assistance • Work with delegation and regulators to ensure incorporation of new programs for water and biosolids recycling assistance; • Work with NACWA, CASA and ACWA to support resiliency water and biosolids recycling legislation and regulations; and • Work with congressional infrastructure committees to secure assistance for resiliency projects. 6. Work with federal agencies on permitting issues • Work with U.S. Department of Energy on alternative energy permitting issues; • Work with U.S. Fish and Wildlife Service on environmental site assessment issues such as incidental take permits under ESA; • Advocate to authorize U.S. EPA to provide National Pollutant Discharge Elimination System (NPDES) permits terms for a period of up to 10- years. Orange County Sanitation District 2020 Legislative & Regulatory Plan 9 January 2020 State Tactics Initiative Action 1. Develop a proactive legislative and regulatory advocacy agenda • Identify legislation that has the potential to benefit or impact OCSD, as legislation is introduced and amended; • Identify proposed state and local regulations that are introduced that have the potential to benefit or impact OCSD; • Recommend positions on identified legislation and proposed regulation to align with OCSD’s legislative and regulatory plan; • Create and continually update a legislative and regulatory matrix to track identified pieces of priority legislation and proposed regulations; and • Schedule advocacy days in Sacramento with legislators and committee staff and regulators; • Continue an active letter writing campaign to support or oppose priority legislation and proposed regulations; • Schedule meetings with legislators, regulators, stakeholders, and senior officials in Sacramento and district offices to build support for OCSD priority projects; and • Participate in CASA’s legislative committees and Regulatory Workgroup and SCAP’s air quality, water issues, collection systems, biosolids, and wastewater pretreatment committees. 2. Compile a comprehensive list of Capital Improvement projects • Meet with OCSD’s Executive Management Team to discuss future capital projects and priorities, and • Match capital improvements with funding opportunities based on project eligibility. 3. Monitor and advise on possible funding opportunities, including but not limited to funding through Statewide bonds • Proactively engage in the drafting of grant funding guidelines and provide input to drafting agency or committee to ensure eligibility and competitiveness of OCSD projects and priorities; • Proactively engage on proposed legislation and regulations that would have an impact on the implementation of funding programs; and • Identify funding opportunities and provide recommendations for eligible projects. Create an advocacy and outreach schedule on the planning and execution of efforts to seek funds. Appendix B Orange County Sanitation District 2020 Legislative & Regulatory Plan 10 January 2020 4. Monitor and advise on funding available through Cap and Trade • Monitor the rollout of the Cap and Trade Expenditure Plan for waste diversion projects. Continue to advocate for additional funding in future Cap and Trade Expenditure Plans that OCSD is eligible for; • Identify eligible and competitive projects and programs; and • Create a schedule on planning and execution of efforts to seek funds, including outreach and advocacy strategy. 5. Monitor and advise on energy or other resource recovery related funding opportunities • Track energy related grant opportunities; • Identify potential projects for funding, including, but not limited to alternative renewable energy, biosolids to energy conversion, organic waste (high strength food waste and fats, oils, and grease) to energy conversion, and greenhouse gas reduction projects; • Ensure wastewater interests are protected as significant decisions are made related to renewable energy production financing, mandates, climate change goals, programs and continued efforts to extend the state’s emissions reduction target; • Schedule meetings with local delegation as well as key members to discuss project benefits and funding opportunity; • Support initiatives that help OCSD strive for energy independence by minimizing energy utilization and maximizing useful energy recovery from the sewage it receives; • Support fair and reasonable regulations for the pipeline injection of biomethane produced from anaerobic digestion; and • Support renewable energy initiatives that are reasonable and fair. 6. Schedule and attend advocacy and outreach meetings to provide OCSD project updates • Educate current administration, key staff and agencies on priority projects and advocate for funding allocations that align with OCSD priorities; • Schedule stakeholder meetings to build support for projects; • Hold advocacy meetings in coordination with funding opportunities and project timelines; • Work with relevant budget committees, budget sub-committees, policy committees and their staff to advocate for funding allocations that align with OCSD priorities; and • Provide full briefings and updates to Orange County legislative delegation and relevant members on OCSD priority projects. 7. Regulatory relief to allow for water recycling and expansion of GWRS • Outreach with the California Environmental Protection Agency, Department of Toxic Substances, State Water Resources Control Board, Regional Water Quality Control Board, the governor's office, legislative leadership and other appropriate stakeholders. 8. Development and advocacy for design-build legislation targeted at OCSD projects • Support and advocate for legislation that will expand the approved uses of design-build for OCSD specific projects; and • Schedule briefings and updates with Orange County legislative delegation to discuss potential design build legislation. Orange County Sanitation District 2020 Legislative & Regulatory Plan 11 January 2020 9. Development and implementation of a statewide biosolids land application management policy • Work in conjunction with CASA and SCAP to outreach and educate legislators and regulators to develop an advocacy strategy for regulatory framework that will support statewide objectives to manage biosolids land application. 10. Development and implementation of a strategy to relieve OCSD of cumbersome and outdated bid advertising costs • Work with relevant legislators and committees to draft legislation that will lessen the cost burden on OCSD of complying with outdated bid advertising requirements; and • Conduct outreach with various other Sanitation Districts across the State to form a coalition to support any efforts. 11. Development and advocacy for legislation to raise the contracting and bid threshold for Sanitation Districts • Meet with local labor groups to initially present the issue; • Brainstorm proposed solutions that will give OCSD and other Sanitation District’s more flexibility to complete small scale public works projects in house; • Work in conjunction with CASA to outreach, educate, and develop an advocacy strategy that will target all Sanitation Districts affected by the current threshold limitations; and • Develop and advocate for legislation that will raise the threshold for work that can be performed in house as well as work that is required to be bid. Orange County Sanitation District 2020 Legislative & Regulatory Plan 12 January 2020 Legislative and Regulatory Policies 1. Air Quality: OCSD is committed to complying with federal, state, and local air quality laws, rules, regulations, and policies. a. Support air quality legislations, regulations, rules, and policies that emphasize the use of advanced technologies and promote greater flexibility and financial incentives to reduce air emission. 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 and regulations to ensure greater consistency between the California and Federal Clean Air Acts. d. Support strategies that clearly demonstrate and provide for the most cost-effective means for meeting air quality goals. e. Continue to commit to adhere to OCSD’s odor policy to assure that OCSD is a good neighbor to the surrounding communities. f. Monitor legislation and regulations that would mandate OCSD to act as an air quality regulator and enforcer. g. Support legislation that would facilitate emission reduction credits for wastewater treatment plants. h. Monitor State’s proposed Advanced Clean Trucks (ACT) Regulation especially CARB’s plans to accelerate zero- emissions heavy duty vehicle fleets and oppose regulation that would mandate fuel type restrictions. i. Monitor SCAQMD’s development of regulations and guidelines associated with AB 617 in the following areas: (1) implementation of best available retrofit control technology (BARCT) requirements for existing stationary sources; (2) deployment of air monitoring systems in selected communities; and (3) implementation of emissions reduction plans in selected communities. j. Participate in CASA ACE and SCAP’s effort to work with California Air Resources Board in development of new default emission factors for air toxics. k. Monitor regulatory development in response to State’s goal of achieving Carbon Neutrality. Appendix C Orange County Sanitation District 2020 Legislative & Regulatory Plan 13 January 2020 l. Support streamlined legislation, funding, regulations and policies that promote the beneficial use of the digester gas. m. Oppose redundant and unreasonable requirements, such as double reporting requirements, with respect to criteria pollutants, air toxics, or greenhouse gas emissions, including but not limited to reporting requirements associated with AB 617 (Garcia). 2. Biosolids and Biogas: 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, regulations and policies that support the beneficial use of biosolids on agricultural lands, landscape, horticulture, California Healthy Soils Initiatives, mine reclamation, fire ravaged lands, superfund sites, brownfields, overgrazed lands, carbon sequestration and wetland restoration. b. Support the promotion and funding of local pilot programs, studies, and research for the beneficial use of biosolids. c. Oppose legislation, regulations, and policies that imposes bans or restrictions on use of biosolids for land application in any region, county, or state. d. Support alternative energy legislation, regulation and policies that encourage use of biosolids as a renewable energy resource. e. Support streamlined legislation, regulations and policies that encourage the procurement of biogas, biosolids, and compost. f. Support CalRecycle, California Air Resources Board (CARB), California Public Utilities Commission, (CPUC), California Energy Commission (CEC), California Department of Food and Agriculture (CDFA), and State Water Resources Control Board (SWRCB) accepting quality standards that allow wastewater treatment plants to inject biogas production into existing pipelines for renewable use. g. Support composter associations and local cities and agencies in education, market expansion activities, and meeting mandates to buy-back compost and other organics diverted from landfills. h. Limit redundant reporting requirements on organics, recyclable material, and solid waste. 3. Source Control: OCSD supports legislative that reduces pollutants and harmful materials that could enter the sewer system. a. Support statewide or targeted public education programs and initiatives that teach appropriate “What To Flush” practices and fats, oils, and grease management. b. Support legislation and funding opportunities that aim to decrease the amount of microplastics and compounds of emerging concern deposited through the sewer system. c. Support legislation that regulates the disposal of flushable wipes. Orange County Sanitation District 2020 Legislative & Regulatory Plan 14 January 2020 d. Support legislation and funding mechanisms that reduce the amount of trash, waste, chemicals, and harmful organic material that enter the sewer system. 4. Grant Funding: OCSD is committed to advancing the state of knowledge in the treatment and management of wastewater through the application of innovative and alternative technologies. To this end, OCSD supports grants assistance to offset its research, special projects and capital improvement projects. a. Support 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, wastewater recycling, biosolids and organics management, water quality improvement, resource recovery, or alternative energy. b. Support projects that provide for public benefit over projects that are primarily intended for private benefit or gain. c. Oppose proposals placing further requirements on grant recipients that return low value for high administrative costs. d. Support regional collaboration and funding for public agencies for food waste co digestion and recycling projects. 5. Innovative Funding: OCSD is committed to supporting programs that provide the highest quality services to its ratepayers. a. Support programs to leverage federal assistance such as credit assistance and highly subsidized loan assistance. b. Support Public-Private-Partnerships, Public to Public and other financing approaches that can reduce costs only if such projects do not impose costs on OCSD ratepayers. c. Support the full funding of the Clean Water Act- State Revolving Fund Program at $3 billion annually. d. Seek federal assistance to support water conservation projects such as water recycling, green infrastructure through the Water Infrastructure Finance and Innovation Act (WIFIA) and direct grants to reduce project costs. 6. Labor Relations: OCSD is committed to 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. As Congress considers reforming the federal tax code, many of the provisions subject to reform may impact labor relations. a. Support measures to reform current workers compensation formulas that rely on a proportionate exposure formula. b. Support health insurance reform that does not create additional financial burdens on special Orange County Sanitation District 2020 Legislative & Regulatory Plan 15 January 2020 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. Security: OCSD is committed to the safety of all personnel, facilities, and the entire sewer system. a. Support legislation that would create efficiencies around the retention policy of surveillance video for innocuous recordings. b. Support funding for the hardening of essential regional facilities such as water recycling and sewer collection and recycling sites. c. Support legislation and funding for regional emergency management collaboration to protect critical infrastructure. 8. 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. Orange County Sanitation District 2020 Legislative & Regulatory Plan 16 January 2020 9. 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 and environment through the construction and implementation of advanced wastewater treatment technology. d. Support sharing critical information and data from state and county agencies in the interest of protecting the public health and saving taxpayer dollars. e. Monitor legislation that provides additional occupational safety and health standard requirements for employees, contractors, or subcontractors. 10. 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 sewage collection systems. b. Support legislation and regulation that allow public agencies to procure goods and services in manners similar to private industry, thereby reducing overall costs of delivery. c. Support legislation and regulation that improve 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. 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 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 and regulation that allow OCSD to utilize the Best Value Design/Build option for the construction of public works projects. f. Oppose Buy American mandates legislation that would increase project costs or prevent the use of the most innovative technologies. g. Monitor legislation that would require the inspection and possible repair of sewer laterals at the time of sale in residential, commercial, and industrial areas h. Support legislation that allows OCSD to utilize Job Order Contracting to more efficiently contract for routine projects i. Monitor legislation connected with government claims against special districts regarding risk and Orange County Sanitation District 2020 Legislative & Regulatory Plan 17 January 2020 wrap-up insurance 11. Tax Reform/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 that 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 shift existing local revenue sources back to the state, 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. f. Oppose elimination or restriction of state and local tax deduction from federal tax liability of local taxpayers. g. Oppose elimination or restriction on the availability of municipal tax-exempt financing for public infrastructure projects. 12. Special Districts: OCSD supports the maintenance of special districts to provide specific services, in response to 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, operations, and administration. d. Oppose measures that create or grant powers to sub-regional or regional bodies that would result in an infringement on clearly local concerns. e. Oppose any administrative or legislative efforts to access or transfer any reserve funds held by Orange County Sanitation District 2020 Legislative & Regulatory Plan 18 January 2020 water and wastewater districts. f. Oppose the imposition of unfunded, mandated programs on local governments. g. Oppose efforts that diminish OCSD’s ability to govern efficiently and effectively, including expanding the size of the Board of Directors. h. Support alternate methods of public meetings notices that maintain transparency but are more cost efficient and technologically advanced 13. 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 (generally) measures to increase water supply and improve water quality in the region, including drought relief legislations and regulations. b. 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 wastewater recycling. c. Support measures that promote and provide for the use of reclaimed water. d. Support policy development, funding, and research for addressing urban runoff, stormwater, and beach closures, including funding for studies that identify the sources of bacterial, viral and other microbial contaminants and human pathogens. e. Support measures to evaluate water quality standards, as needed, to ensure the objectives are appropriately protecting the designated use. f. Support legislation and regulation that would direct U.S. EPA levied fines to remain in the region. g. Support measures addressing non-point source pollution in order to protect our ocean water quality and provide funding to mitigate its effects, including integrated permitting approaches that can reduce costs and achieve water quality improvements while allowing permits to be tailored to the needs of Orange County and its watershed. h. Support national infrastructure policies that contain aspirational goal that promotes improved water use efficiency in construction of water efficient buildings and communities. i. Support legislation and regulation that promote improved water use efficiency through state assistance in evaluating and implementing new programs and technologies and increasing public awareness of water use efficiency. j. Support legislation and regulation that provide for the development of the watershed approach, including watershed management plans and watershed-based permitting. k. Support legislation and regulation that necessitate the responsible use of water in residential, commercial, and industrial areas. Orange County Sanitation District 2020 Legislative & Regulatory Plan 19 January 2020 l. Support environmental guidelines on government agencies that would safeguard the region while providing increased protections. m. Oppose the imposition of statewide fees for environmental cleanup that is caused through private sector actions or are 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). n. Support approaches to reduce compliance costs associated with stormwater controls including the use of integrated plans. o. Monitor state and federal legislation and regulations related to PFAS substances.