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HomeMy WebLinkAbout03-11-2019 LaPA Committee Agenda Packet03/11/2019 Legislative and Public Affairs Committee Page 1 of 2 Orange County Sanitation District Meeting of the LEGISLATIVE AND PUBLIC AFFAIRS COMMITTEE Monday, March 11, 2019 12:00 P.M. Administration Building Board Room 10844 Ellis Avenue Fountain Valley, CA (714) 593-7433 AGENDA 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 at the back of the 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 Chairman and are requested to limit comments to three minutes. REPORTS: The Committee Chair and the General Manager may present verbal reports on miscellaneous matters of general interest to the Committee Members. These reports are for information only and require no action by the Committee. 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 Any items withdrawn from the Consent Calendar for separate discussion will be considered in the regular order of business. 1. APPROVAL OF MINUTES (Clerk of the Board) RECOMMENDATION: Approve minutes for the Committee meeting held on February 11, 2019. 2. SUPPORT ASSEMBLY BILL 510 (COOLEY) – LOCAL GOVERNMENT RECORDS: DESTRUCTION OF RECORDS (Jennifer Cabral) RECOMMENDATION: Approve the letter of support for Assembly Bill 510 – Local government records: destruction of records (Cooley). NON-CONSENT: None. 03/11/2019 Legislative and Public Affairs Committee Page 2 of 2 INFORMATION ITEMS: 3. 65TH ANNIVERSARY OPEN HOUSE (Jennifer Cabral) 4. LEGISLATIVE AFFAIRS UPDATE (Rebecca Long) 5. PUBLIC AFFAIRS UPDATE (Jennifer Cabral) OTHER BUSINESS AND COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS, IF ANY: ADJOURNMENT: The next Legislative and Public Affairs Committee meeting is scheduled for Monday, April 8, 2019 at 3:30 p.m. Accommodations for the Disabled: Meeting Rooms are wheelchair accessible. If you require any special disability related accommodations, please contact the Orange County Sanitation District Clerk of the Board’s office at (714) 593-7433 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. NOTICE TO DIRECTORS: To place items on the agenda for the Committee Meeting, items must be submitted to the Clerk of the Board 14 days before the meeting. Kelly A. Lore, MMC Clerk of the Board (714) 593-7433 Klore@ocsd.com For any questions on the agenda, Committee members may contact staff at: General Manager James D. Herberg (714) 593-7300 jherberg@ocsd.com Assistant General Manager Rob Thompson (714) 593-7310 rthompson@ocsd.com Assistant General Manager Lorenzo Tyner (714) 593-7550 ltyner@ocsd.com Director of Environmental Services VACANT Public Affairs Supervisor Jennifer Cabral (714) 593-7581 jjcabral@ocsd.com Senior Public Affairs Specialist Rebecca Long (714) 593-7444 rlong@ocsd.com 02/11/2019 Legislative and Public Affairs Committee Minutes Page 1 of 3 MINUTES OF THE LEGISLATIVE AND PUBLIC AFFAIRS COMMITTEE Orange County Sanitation District Monday, February 11, 2019 at 12:00 p.m. A meeting of the Legislative and Public Affairs Committee was called to order by Committee Chair Peter Kim on Monday, February 11, 2019 at 12:00 p.m. in the Administration Building of the Orange County Sanitation District. Committee Vice-Chair Bernstein led the pledge of allegiance. A quorum was declared present, as follows: COMMITTEE MEMBERS PRESENT: Peter Kim, Chair Allan Bernstein, Vice-Chair Lucille Kring, Member-At-Large Chad Wanke, Member-At-Large David Shawver, Board Chair John Withers, Board Vice-Chair COMMITTEE MEMBERS ABSENT: Donald P. Wagner, Member-At-Large STAFF PRESENT: Jim Herberg, General Manager Rob Thompson, Assistant General Manager Lorenzo Tyner, Assistant General Manager Celia Chandler, Director of Human Resources Kelly Lore, Clerk of the Board Jennifer Cabral Daisy Covarrubias Alfredo Garcia Rebecca Long Tyler Ramirez OTHERS PRESENT: Brad Hogin, General Counsel Eric Sapirstein, ENS Resources (via teleconference) Eric O’Donnell, Townsend Public Affairs (TPA) PUBLIC COMMENTS: None. REPORT OF COMMITTEE CHAIR: Committee Chair Kim did not provide a report. He welcomed newly appointed member Lucille Kring to the committee. REPORT OF GENERAL MANAGER: General Manager Jim Herberg reported that OCSD, OCWD, SAWPA, and the County of Orange Public Works have been meeting to address issues related to IRWM grant funding under Proposition 1 funding. Mr. Herberg will continue to work with the group and will report back to the Steering and Legislative and Public Affairs Committees on the progress in the future. ITEM NO. 1 02/11/2019 Legislative and Public Affairs Committee Minutes Page 2 of 3 CONSENT CALENDAR: 1. APPROVAL OF MINUTES (Clerk of the Board) MOVED, SECONDED, and DULY CARRIED TO: Approve minutes for the Committee meeting held on December 10, 2018. AYES: Bernstein, Kim, Shawver, Wanke and Withers NOES: None ABSTENTIONS: Kring ABSENT: Wagner NON-CONSENT: None. INFORMATION ITEMS: 2. WASTEWATER ORDINANCE UPDATE (Lorenzo Tyner) Assistant General Manager Lorenzo Tyner provided a brief presentation of the upcoming Wastewater Ordinance revisions and update and answered questions from the Committee. 3. LEGISLATIVE AFFAIRS UPDATE (Rebecca Long) Senior Public Affairs Specialist Rebecca Long distributed legislative talking points cards to the Committee for their use, reported that tour invitations have been sent to State and Federal officials, announced that Assemblywoman Connie Petrie Norris will tour OCSD on March 15, and reported that an ACC-OC Infrastructure tour with legislative officials will take place on February 22. Eric Sapirstein ENS Resources, provided a PowerPoint Presentation and updated the Committee on the following items: Border wall and Partial governmental shutdown, congressional leadership, OC Congressional delegation and their committee appointments, Buy America Preferences for Infrastructure, and regulatory and budget initiatives. Eric O’Donnell, TPA, provided a PowerPoint presentation with information including: Legislative Schedule, Governor Newsom’s budget proposal and water tax update; SB 200 Senator Monning spot bill; ACWA possible proposal for Drinking water trust; legislature hosted joint informational committee hearing on Feb. 6; 2019 legislation including: AB 129, AB 292, and SB bills; and the video surveillance retention bill. 02/11/2019 Legislative and Public Affairs Committee Minutes Page 3 of 3 4. PUBLIC AFFAIRS UPDATE (Jennifer Cabral) Ms. Cabral reviewed outreach efforts made over the last month and provided information on the following: Board Member Orientation February 20 from 3-5 p.m.; Honor Walk Ceremony May 22, nominations for honorees due March 8; Plant No. 2 newsletter and focused outreach effort; press releases for OCSD Board leadership changes and for two awards received for the District Certificate of Transparency and the Distinguished Budget Presentation Award; $2,000 local grant received for plant signage to support tour program; current construction outreach efforts in the cities of Newport Beach and Anaheim; and CASA sponsored legislation and creation of an outreach program to promote “No Wipes Down the Pipes”. Ms. Cabral responded to questions regarding flyers or posters that can be placed in the homeless shelters and the mandated standards of flushable wipes, as well as communication to member agencies to be used at council meetings to promote these efforts. Mr. Herberg announced his participation in the following: UCI and the ACC-OC Public Policy Making Academy on March 22, OCSD and OCWD Co-Sponsored event at UC Irvine for the American Academy of Environmental Engineers and Scientists in April, OCCOG General Assembly Resilient Infrastructure Panel on April 12, and announced that OCSD offices will be closed tomorrow in observance of Lincoln’s Birthday and Monday February 18 in observance of Presidents Day. , OTHER BUSINESS AND COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS, IF ANY: Vice-Chair Bernstein provided information regarding his recent participation at the 2019 Washington D.C. Advocacy Trip with ACC-OC where he met and invited both Congressman Harley Rouda and Congresswoman Katie Porter to tour the Sanitation District. In response to a question from Board Chairman Shawver regarding absence of a member of the Legislative and Public Affairs Committee, General Counsel Brad Hogin responded that the rules of procedure do not allow participation by its member’s Alternate Director in the case of absence. ADJOURNMENT: Committee Chair Kim declared the meeting adjourned at 12:58 p.m. to the next Legislative and Public Affairs Committee meeting, Monday, March 11, 2019 at 12:00 p.m. Submitted by: _____________________ Kelly A. Lore, MMC Clerk of the Board Page 1 of 2 LEGISLATIVE AND PUBLIC AFFAIRS COMMITTEE Meeting Date 03/11/19 To Bd. of Dir. -- AGENDA REPORT Item Number 2 Item Number -- Orange County Sanitation District FROM: James D. Herberg, General Manager Originator: Jennifer Cabral, Public Affairs Supervisor SUBJECT: SUPPORT ASSEMBLY BILL 510 (COOLEY) – LOCAL GOVERNMENT RECORDS: DESTRUCTION OF RECORDS GENERAL MANAGER'S RECOMMENDATION Approve the letter of Support for Assembly Bill 510 – Local government records: destruction of records (Cooley). BACKGROUND As part of the Orange County Sanitation District’s (Sanitation District) 2019 legislative and regulatory planning efforts, one area of concern identified was the amount of space and money necessary to retain video footage of the Sanitation District’s treatment processes. As part of the approved 2019 Legislative and Regulatory Plan, the Sanitation District has committed to support legislation that would create efficiencies around the retention policy of surveillance video for innocuous recordings. Assembly Bill 510 modernizes the Government Code to allow local public agencies, including special districts, to adopt records retention policies designed for modern digital recording technologies, while ensuring the proper retention of any records in which an incident may have occurred. RELEVANT STANDARDS • Maintain influential legislative advocacy and a public outreach program • Build brand, trust, and support with policy makers and community leaders • Ensure the public’s money is wisely spent PROBLEM We no longer use outdated technology. This bill modernizes the Government Code to allow local public agencies to adopt records retention policies designed for modern digital recording technologies, while ensuring the proper retention of any records. This change in law will allow agencies to retain important records while deleting useless ones, thus saving a significant amount of taxpayer dollars on unnecessary data storage costs. Page 2 of 2 PROPOSED SOLUTION Staff has crafted a letter of support for Assembly Bill 510 for the Committee’s consideration. Additionally, the bill supports the Board-approved objectives as stated in the 2019 Legislative and Regulatory Plan: Support legislation that would create efficiencies around the retention policy of surveillance video for innocuous recordings. TIMING CONCERNS It is important that the Sanitation District take a position on the proposed legislation as soon as possible to ensure that the Sanitation District’s position is considered when reviewing the bill. RAMIFICATIONS OF NOT TAKING ACTION The bill may not be signed into law. ADDITIONAL INFORMATION Currently, the California Special Districts Association (CSDA) and the Municipal Information Systems Association of California (MISAC) are the bill sponsors of AB 510. PRIOR COMMITTEE/BOARD ACTIONS 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: • Letter of Support for Assembly Bill 510 • Assembly Bill 510 March 11, 2019 The Honorable Ken Cooley California State Assembly State Capitol, Room 3013 Sacramento, CA 95814 RE: Assembly Bill 510 (Cooley) – Support [As Introduced February 13, 2019] Dear Assembly Member Cooley: The Orange County Sanitation District (Sanitation District, OCSD) is pleased to support Assembly Bill (AB) 510, which allows public agencies to diligently manage their financial and equipment resources by setting their own records retention policies for recordings related to routine video monitoring, radios, and telephones. OCSD is a public agency that provides wastewater collection, treatment, and recycling for approximately 2.6 million people in central and northwest Orange County. OCSD is a special district that is governed by a 25-member Board of Directors comprised of 20 cities, four special districts, and one representative from the Orange County Board of Supervisors. OCSD has two operating facilities that treat wastewater from residential, commercial, and industrial sources. AB 510 modernizes the Government Code to allow local public agencies, including special districts, to adopt records retention policies designed for modern digital recording technologies, while ensuring the proper retention of any records in which an incident may have occurred. This change in law will allow agencies to retain important records while deleting useless ones, thus saving a significant amount of taxpayer dollars on unnecessary data storage costs. AB 510 modernizes existing law to catch up with the technology of today and will allow flexibility for our district to adapt to future technological advances, allowing our district to diligently manage our financial and equipment resources by setting our own records retention policies based on the needs and the use of our cameras, radios, and telephones. For these reasons, the Orange County Sanitation District is pleased to support Assembly Bill 510. Please contact Jennifer Cabral, OCSD’s Public Affairs Supervisor at 714.593.7581 or via email at jcabral@ocsd.com should you have any questions. Sincerely, David John Shawver Board Chairman cc: Dillon Gibbons, Senior Legislative Representative, California Special Districts Association california legislature—2019–20 regular session ASSEMBLY BILL No. 510 Introduced by Assembly Member Cooley February 13, 2019 An act to amend Sections 26202.6, 34090.6, and 53160 of the Government Code, relating to local government. legislative counsel’s digest AB 510, as introduced, Cooley. Local government records: destruction of records. Existing law authorizes the head of a department of a county or city, or the head of a special district to destroy recordings of routine video monitoring maintained by that county, city, or special district after one year if that person receives approval from the legislative body and the written consent of the agency attorney. Existing 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. Vote: majority. Appropriation: no. Fiscal committee: no.​ State-mandated local program: no.​ 99 The people of the State of California do enact as follows: line 1 SECTION 1. Section 26202.6 of the Government Code is line 2 amended to read: line 3 26202.6. (a)  Notwithstanding the provisions of Sections 26202, line 4 26205, and 26205.1, and except as provided in subdivisions (b) line 5 or (c), the head of a department of a county, after one year, may line 6 destroy recordings of routine video monitoring, and after 100 days line 7 may destroy recordings of telephone and radio communications line 8 maintained by the department. This destruction shall be approved line 9 by the legislative body and the written consent of the agency line 10 attorney shall be obtained. In the event that the recordings are line 11 evidence in any claim filed or any pending litigation, they shall line 12 be preserved until pending litigation is resolved. line 13 (b)  Subdivision (a) shall not apply in a county that has adopted line 14 a records retention policy that governs when recordings of routine line 15 video monitoring and recordings of telephone and radio line 16 communications may be destroyed. line 17 (c)  If a recording is evidence in any claim filed or any pending line 18 litigation, it shall be preserved until the claim or pending litigation line 19 is resolved. line 20 (b) line 21 (d)  For purposes of this section, “recordings section: line 22 (1)  “Recordings of telephone and radio communications” means line 23 the routine daily recording of telephone communications to and line 24 from a county and all radio communications relating to the line 25 operations of the departments. line 26 (c)  For purposes of this section, “routine line 27 (2)  “Routine video monitoring” means video recording by a line 28 video or electronic imaging system designed to record the regular line 29 and ongoing operations of the departments described in subdivision line 30 (a), including mobile in-car video systems, jail observation and line 31 monitoring systems, and building security recording systems. line 32 (d)  For purposes of this section, “department” line 33 (3)  “Department” includes a public safety communications line 34 center operated by the county and the governing board of any line 35 special district the membership of which is the same as the line 36 membership of the board of supervisors. line 37 SEC. 2. Section 34090.6 of the Government Code is amended line 38 to read: 99 — 2 — AB 510 line 1 34090.6. (a)  Notwithstanding the provisions of Section 34090, line 2 and except as provided in subdivision (b) or (c), the head of a line 3 department of a city or city and county, after one year, may destroy line 4 recordings of routine video monitoring, and after 100 days may line 5 destroy recordings of telephone and radio communications line 6 maintained by the department. This destruction shall be approved line 7 by the legislative body and the written consent of the agency line 8 attorney shall be obtained. In the event that the recordings are line 9 evidence in any claim filed or any pending litigation, they shall line 10 be preserved until pending litigation is resolved. line 11 (b)  Subdivision (a) shall not apply in a city or city and county line 12 that has adopted a records retention policy that governs when line 13 recordings of routine video monitoring and recordings of telephone line 14 and radio communications may be destroyed. line 15 (c)  If a recording is evidence in any claim filed or any pending line 16 litigation, it shall be preserved until the claim or pending litigation line 17 is resolved. line 18 (b) line 19 (d)  For purposes of this section, “recordings section: line 20 (1)  “Recordings of telephone and radio communications” means line 21 the routine daily recording of telephone communications to and line 22 from a city, city and county, or department, and all radio line 23 communications relating to the operations of the departments. line 24 (c)  For purposes of this section, “routine line 25 (2)  “Routine video monitoring” means video recording by a line 26 video or electronic imaging system designed to record the regular line 27 and ongoing operations of the departments described in subdivision line 28 (a), including mobile in-car video systems, jail observation and line 29 monitoring systems, and building security recording systems. line 30 (d)  For purposes of this section, “department” line 31 (3)  “Department” includes a public safety communications line 32 center operated by the city or city and county. line 33 SEC. 3. Section 53160 of the Government Code is amended line 34 to read: line 35 53160. (a)  The Except as provided in subdivisions (b) or (c), line 36 the head of a special district, after one year, may destroy recordings line 37 of routine video monitoring, and after 100 days may destroy line 38 recordings of telephone and radio communications maintained by line 39 the special district. This destruction shall be approved by the line 40 legislative body and the written consent of the agency attorney 99 AB 510 — 3 — line 1 shall be obtained. In the event that the recordings are evidence in line 2 any claim filed or any pending litigation, they shall be preserved line 3 until pending litigation is resolved. line 4 (b)  Subdivision (a) shall not apply in a special district that has line 5 adopted a records retention policy that governs when recordings line 6 of routine video monitoring and recordings of telephone and radio line 7 communications may be destroyed. line 8 (c)  If a recording is evidence in any claim filed or any pending line 9 litigation, it shall be preserved until the claim or pending litigation line 10 is resolved. line 11 (b) line 12 (d)  For purposes of this article, “recordings article: line 13 (1)  “Recordings of telephone and radio communications” means line 14 the routine daily recording of telephone communications to and line 15 from a special district, and all radio communications relating to line 16 the operations of the special district. line 17 (c)  For purposes of this article, “routine line 18 (2)  “Routine video monitoring” means video recording by a line 19 video or electronic imaging system designed to record the regular line 20 and ongoing operations of the special district, including mobile line 21 in-car video systems, jail observation and monitoring systems, and line 22 building security recording systems. line 23 (d)  For purposes of this article, “special line 24 (3)  “Special district” shall have the same meaning as “public line 25 agency,” as that term is defined in Section 53050. O 99 — 4 — AB 510 Page 1 of 3 LEGISLATIVE AND PUBLIC AFFAIRS COMMITTEE Meeting Date 03/11/19 To Bd. of Dir. -- AGENDA REPORT Item Number 3 Item Number -- Orange County Sanitation District FROM: James D. Herberg, General Manager Originator: Jennifer Cabral, Public Affairs Supervisor SUBJECT: 65th ANNIVERSARY OPEN HOUSE GENERAL MANAGER'S RECOMMENDATION Information Only. BACKGROUND Staff will provide information on Orange County Sanitation District’s 65th Anniversary celebration. RELEVANT STANDARDS • Build brand, trust, and support with policy makers and community leaders • Maintain collaborative and cooperative relationships with regulators, stakeholders, and neighboring communities • Make it easy for people to understand OCSD’s role and value to the community 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 the impact our service has on their quality of life and the wellbeing of the environment. Additionally, they don’t 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 hosting an open house, we have an opportunity to educate, share our messages, and inform the general public about our efforts, programs, and positive effects on public health and the environment. The event will be an opportunity for our customers to see firsthand what goes on at our facilities, and for families of employees to see what their loved ones do a daily basis. Page 2 of 3 TIMING CONCERNS 2019 is the Sanitation District’s 65th Anniversary. We would like to host the Open House as an opportunity to tie the event into this milestone. 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 treatment plants, source control, and the wastewater industry as a whole. PRIOR COMMITTEE/BOARD ACTIONS N/A ADDITIONAL INFORMATION To commemorate the Sanitation District’s 65th anniversary, an Open House will be hosted this summer. Employees, the general public, and our member agencies will be invited to attend the event and help us celebrate. The event will take place on a Saturday from 10 a.m. to 1 p.m. The theme of the event is 65 Years of Impressions and will consist of: o Open House  Open to the community  Each department/division will have a booth with activity o Food – Options to be available o Plant Tours o Invite member cities/agencies and partner agencies to participate in open house o Check in/out at Lobby so people can see the new lobby art, history wall, and interactive story map Advertising/Promotion: o Media Tour – prior to event host a media tour for local media and trade reporters to discuss the anniversary celebration o 65-day countdown – work our way back from open house date – 65 days of history o Social Media and Website – publicize anniversary and event using newly created 65th logo o Create video showcasing OCSD’s 65 years of history. Video to be promoted prior to event via our website and social media CEQA N/A Page 3 of 3 FINANCIAL CONSIDERATIONS This request complies with authority levels of the Sanitation District's Purchasing Ordinance. This item has been budgeted in FY 2018-19 and 2019-20 budget. (Line item: Section 6. Page 12) ATTACHMENTS The following attachment(s) may be viewed on-line at the OCSD website (www.ocsd.com) with the complete agenda package: N/A Page 1 of 3 LEGISLATIVE AND PUBLIC AFFAIRS COMMITTEE Meeting Date 03/11/19 To Bd. of Dir. -- AGENDA REPORT Item Number 4 Item Number -- Orange County Sanitation District FROM: James D. Herberg, General Manager Originator: Jennifer Cabral, Public Affairs Supervisor SUBJECT: LEGISLATIVE AFFAIRS UPDATE GENERAL MANAGER'S RECOMMENDATION Information Only. 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 Federal/State funding for projects. Staff will provide an update on recent legislative 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. Page 2 of 3 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. 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 Legislative Highlights: • AB 510 (Cooley) – Local government records: destruction of records. Will be discussed under a separate agenda report. • SB 200 (Monning) – Safe and Affordable Drinking Water Fund. Will be discussed under Townsend Public Affairs’ report. • SB 332 (Hertzberg & Wiener) – 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. Bill analysis, industry coordination, and position still to be determined. • Legislative Tours and Invitations As part of our annual preparation and education process, an invitation letter and informational email has been sent to the newly elected State and Federal officials inviting them to take a tour of our facility and to receive a presentation. We will be following up with their staff to schedule tours while they are in District. Grant Highlights: • WaterSMART Title XVI Water Reclamation and Reuse Program Funding The Sanitation District’s application was not selected to receive funding as part of the Headworks Segregation Project, for the second round of funding. The Sanitation District received $1.325 as part of the first round of funding. Page 3 of 3 • Community Partnering Program Grant The Sanitation District has been awarded $2,000 from the Metropolitan Water District Community Partnering Program for tour signage at Plant No. 1 in Fountain Valley. This award will financially assist with the Sanitation District’s goal to display educational signs for tour groups that explain the wastewater treatment process throughout the plant. 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 & Legislative Matrix - ENS Resources • State Update & Legislative Matrix - Townsend Public Affairs • Grant Matrix M E M O R A N D U M TO: Rebecca Long FROM: Eric Sapirstein DATE: February 19, 2019 SUBJECT: Washington Update Over the past month, Congress and the White House finally reached a compromise on the Fiscal Year 2019 budgets for those agencies, including United States Environmental Protection Agency (USEPA), that did not have a year-long budget. The agreement was signed under protest by the president who took action upon signing the spending bill to declare a national emergency in order to reprogram FY 2019 funds to support the construction of the border wall. The declaration drew opposition from 16 states, including California, that filed a lawsuit challenging the declaration. In addition, the House will debate and pass a resolution of disapproval in the coming weeks that will require immediate consideration by the Senate. This puts in play the most serious challenge by Congress to the White House and means that any resolution of border wall funding dispute will be months in the making. The following summarizes key issues of interest to OCSD. Infrastructure Policy Front and Center The effort to address infrastructure has begun. The House Committee on Transportation & Infrastructure convened a seven-hour hearing on the nation’s needs, including wastewater. While the hearing emphasized transportation related needs, testimony from a host of witnesses declared that federal funding of clean water infrastructure is a priority. City of Los Angeles Mayor Garcetti responded to Members’ questions about the value of public private and privatization to help meet the funding need and explained that such approaches are unlikely to be successful because unlike roads, it is impossible to levy fees like tolls. Instead, he called for robust federal assistance for water projects. 2 | Page In other testimony, witnesses cited the impacts of antiquated systems, new challenges from sea level rise and demands to address stormwater as examples of the growing demands on local agencies. In response to the hearing, the committee is formulating legislation to enhance federal funding. A draft bill (transmitted earlier to OCSD) seeks to provide $4 billion per year for the Clean Water State Revolving Fund (SRF). This is considered a starting point in drafting legislation and OCSD should consider submitting comments on the draft bill to its congressional delegation in anticipation of committee action in the coming months. Meanwhile, within the water recycling arena, Representative Grace Napolitano (D-CA) introduced legislation to expand the U.S. Bureau of Reclamation’s water recycling program, Title XVI/ Water Recycling Investment and Improvement Act (WIIN). The bill, entitled Water Recycling Investment and Improvement Act (H.R. 1162), would provide $500 million to support water recycling project construction assistance and would raise project funding caps to $30 million from the current $20 million level. In the Senate, our discussions with Senator Dianne Feinstein’s staff revealed that the Senator will pursue new legislation to boost federal support of water recycling project financings. H.R. 1162 enjoys support from members of OCSD’s Congressional Delegation. Representatives Harley Rouda (CA-48), Alan Lowenthal (CA-47), and Gil Cisneros (CA-39) are cosponsors of H.R. 1162. USEPA Budget in Place; Fiscal Year 2020 Budget Next Up The enactment of a final spending bill for those agencies that were not part of earlier spending agreements means USEPA now has a final spending plan. The agreement effectively maintains core water infrastructure assistance. The Clean Water SRF receives $1.6 billion. The Drinking Water SRF receives $1.2 billion. Last, the Water Infrastructure Finance and Innovation Act (WIFIA) program would receive $58 million and would lead to financing as much as $6 billion in new construction. Setaside spending continues with support for green infrastructure and the provision of enhanced subsidies to assist in the construction of projects financed by the SRF that benefit disadvantaged communities. Congress is now in a position to develop the FY 2020 budget. The president will transmit the Administration’s proposed budget on March 18. With this action, the House and Senate Committees on Appropriations will formally begin considering how to allocate budget resources to the various federal agencies. According to congressional committee staff tasked with this effort, the priority is to move spending bills through the House by June to allow the Senate to act on spending bills later in the summer with the priority to finalize as many of the 12 spending bills by October 1, 2019 when FY 2020 begins. 3 | Page Rewrite of the Clean Water Rule (WOTUS) Impacted by Shutdown Efforts to clarify which waters are subject to regulation under the Clean Water Act remains an ongoing effort. Prior to the shutdown, USEPA was expediting the rewrite of the Waters of the U.S. (WOTUS) rule and planned to launch the public comment period in January. This comment period would then lead, after the closing of the comment period, to finalization of the rule. It is unclear when the rule might be finalized due to the delay cause by the shutdown. The existing WOTUS regulatory framework provides that water recycling and treatment facilities are not subject to further regulation and this currently remains in place with the proposed rewrite, but because the rulemaking process was delayed, the public comment period will be restarted with the likelihood that any final rule will not be issued for several months. Even with promulgation, the rule will likely be the subject of litigation Senate Prepares Vote for USEPA Administrator Nominee Last week, Senator Majority Leader Mitch McConnell (R-KY) filed a cloture motion for Andrew Wheeler’s nomination to be USEPA Administrator. The filing allows for a vote to be taken on the nomination as early as next week. However, Wheeler’s nomination process has not been without controversy. Earlier this month, it was reported that USEPA would not regulate Per- and Polyfluoroalkyl substances (PFAS) under the Safe Drinking Water Act. This reporting posed to possibly complicate Wheeler’s nomination success if it caused him to lose crucial support from Senate Committee on Environment and Public Works Republican members whose states have experienced threats from PFAS contamination. Ultimately, Wheeler’s nomination to be USEPA Administrator was reported out on party-lines. Following the reports that USEPA would not regulate PFAS in drinking water, the Agency published a management plan that commits to making a formal decision on whether the Agency will set a Maximum Contaminant Level for PFAS by the end of 2019. The plan was published last week. 4 | Page Supreme Court To Consider Maui Decision on Clean Water Act and Water Pollution A major challenge to the reach of the Clean Water Act will be reviewed by the U.S. Supreme Court. A federal district court decision that decided that a groundwater discharge resulting from a properly treated effluent that enters into a surface water is a violation of the Clean Water Act has thrown into question whether the decision is an unwarranted expansion of the law’s reach. The Court’s action to consider the issue could carry far reaching impacts for the manner in which the Clean Water Act is administered by USEPA and the states, ranging from the Maui decision to wetlands protection to water recycling. A decision from the Court is not expected for several months at the earliest. OCSD Federal Bills of Interest BILL AUTHOR SUMMARY LATEST ACTION OCSD POSITION OTHER POSITIONS H.R. 1162 Rep. Grace Napolitano (D- CA)To establish a grant program for the funding of water recycling and reuse projects, and for other purposes. House - 2/13/19 Referred to Committee on Natural Resources Watch NYC 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 - 1/8/19 Introdcued 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 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 Proposed Federal Legislation 2019-2020 Priority OCSD Federal Bills of Interest BILL AUTHOR SUMMARY LATEST ACTION OCSD POSITION OTHER POSITIONS 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. 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 Legend: ACC-OC- Association of California Cities, Orange County LOCC- League of California CitiesNYC- Not Yet ConsideredCASA- California Association of Sanitation Agencies NACWA - National Association of Clean Water Agencies ACWA- Association of California Water Agencies CSDA- California Special Districts Association To: Orange County Sanitation District From: Townsend Public Affairs, Inc. Date: February 22, 2019 Subject: Legislative and Public Affairs Agenda Report State Political Update In the month of February, the Legislature has been focused on introducing bills before the deadline on February 22. Since the Legislature was sworn in on December 3, there have been approximately 1,100 bills introduced. Several hundred of these bills are empty budget trailer bills or spot bills that do not have substantive language in them. It is expected that the number of bills introduced will increase to approximately 2,400 before the bill introduction deadline on February 22. Once bills have been introduced, they must sit for 30 days before they can be acted on. Senate Pro Tem Toni Atkins and Speaker Anthony Rendon have announced their 2019 committee assignments which will set the tone for committee priorities going forward. Committee hearings are expected to start after the bill introduction deadline on February 22. Below is a snapshot of the Chairs of various relevant Senate and Assembly committees for 2019: Committee Chair (Senate) Chair (Assembly) Senate Appropriations/Assembly Appropriations Senator Anthony Portantino (D – La Canada -Flintridge) Assemblymember Lorena Gonzalez (D – San Diego) Senate Budget and Fiscal Review/Assembly Budget Senator Holly Mitchell (D – Los Angeles) Assemblymember Phil Ting (D – San Francisco) Senate Governance and Finance/Assembly Local Government Senator Mike McGuire (D – Healdsburg) Assemblymember Cecilia Aguiar-Curry (D – Winters) Senate Natural Resources and Water/Assembly Water, Parks, and Wildlife Senator Henry Stern (D – Canoga Park) Assemblymember Eduardo Garcia (D – Coachella) Assembly Natural Resources N/A Assembly Member Laura Friedman (D- Glendale) Below is a list of upcoming deadlines in the Legislature: • February 22 – Last day for new bills to be introduced • April 11 – Spring Recess begins February 2019 Report 2 Governor Newsom’s State of the State Address On February 12, Governor Newsom delivered his first State of the State address before a joint session of the Legislature. Unlike the last several State of the State Addresses, Governor Newsom used the speech as an opportunity to announce numerous policy positions and new initiatives that his office would be embarking on this year. Below is a summary of some of the key points from the Governor’s Address that are relevant to OCSD: Delta Conveyance System In his speech, Governor Newsom made it clear that he was not supportive of the California WaterFix project as currently proposed. Instead, the Governor retreated from the positions of his predecessor and announced his support of a one-tunnel solution. This solution is estimated to cost roughly $11 billion, almost $5 billion less than the two-tunnel WaterFix. Although there are still a lot of hurdles that this project must surpass, this announcement was significant as it was one of the first times the new Administration has addressed this topic. Water Tax – Safe Drinking Water Following up on his Budget announcement in January, the Governor stressed the need to address the safe drinking water problems in several areas of the State. The Governor mentioned the need in the State for a sustainable funding source to address this problem, as well as the political will in Sacramento to get it done. However, the Governor did not explicitly mention his budget trailer bill language that would institute a tax on urban water system customers. That language would implement a fee on customers of urban water systems to help pay for the improvements of failing water systems. The negotiations surrounding the water tax are expected to escalate in anticipation of the Budget deadline of June 15. State Water Resources Control Board During his State of the State Governor Newsom announced that he had appointed current State Water Resources Control Board Member Joaquin Esquivel to the position of Chair. The previous Chair, Felicia Marcus, was not re-appointed to the Board by the Governor. Instead, Governor Newsom appointed Laurel Firestone, co-founder and co-director of the Community Water Center since 2006. Ms. Firestone also co‐chaired the Governor’s (Governor Brown) Drinking Water Stakeholder Group from 2012 to 2014. Priority Legislation AB 292 (Quirk) – Recycled water: raw water and groundwater augmentation 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. February 2019 Report 3 AB 510 (Cooley) – Local government records: destruction of records. AB 510, sponsored by CSDA and the Municipal Information Systems Association of California (MISAC), would exempt the head of a department of a county or city, or the head of a special district from existing 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. SB 200 (Monning) – Safe and Affordable Drinking Water Fund SB 200 would establish the Safe and Affordable Drinking Water Fund in the State Treasury and would provide that moneys in the fund are available, upon appropriation by the Legislature, to the State Water Resources Control Board to provide a stable source of funding to secure access to safe drinking water for all Californians, while also ensuring the long-term sustainability of drinking water service and infrastructure. SB 200 does not yet include specific funding sources for the Safe and Affordable Drinking Water Fund 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. Introduced Watch State Priorities: Continue to monitor the state budget process and actively protect the allocation of local property taxes tospecial districts. ACCOC - NYCLOCC - NYC CASA - NYC ACWA - NYC CSDA - NYC 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, maximum unit size, parking, and height standards. This bill would prohibit an ordinance from imposing requirements on minimum lot size, lot coverage, or floor area ratio, and would prohibit an ordinance from establishing size requirements for accessory dwelling units that do not permit at least an 800 square feet unit of at least 16 feet in height to be constructed. Introduced Watch Legislative and Regulatory Policies: Special Districts - Oppose further state regulations that adversely impact special district financing, operations, and administration. ACCOC - NYCLOCC - WatchCASA - NYC ACWA - NYC CSDA - NYC Proposed Legislation 2019-2020 High Priority OCSD State Bills of Interest BILL AUTHOR SUMMARY LATEST ACTION OCSD POSITION LEGISLATIVE PLAN OTHER POSITIONSAB 69 Ting [D]Land use: accessory dwelling units. Would authorize the Department of Housing and Community Development to submit written findings to a local agency as to whether the local ordinance complies with state law, and to notify the Attorney General if the ordinance violates state law. The bill would require a local agency to consider the department’s findings and would authorize the local agency to amend its ordinance to comply with state law or adopt a resolution with findings explaining why the ordinance complies with state law, and addressing the department’s findings. Introduced Watch Legislative and Regulatory Policies: Special Districts - Oppose further state regulations that adversely impact special district financing, operations, and administration. ACCOC - NYCLOCC - WatchCASA - NYCACWA - NYCCSDA - NYC AB 129 Bloom [D]Waste management: plastic microfiber. Would declare the intent of the Legislature to, among other things, enact legislation to recognize the emerging threat that microfibers pose to the environment and water quality and would make related findings and declarations. Introduced 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 - NYCLOCC - WatchCASA - NYCACWA - NYCCSDA - NYC OCSD State Bills of Interest BILL AUTHOR SUMMARY LATEST ACTION OCSD POSITION LEGISLATIVE PLAN OTHER POSITIONSAB 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. Introduced Watch State Priorities: Support effortsto reform the California Environmental Quality Act (CEQA)to streamline current proceduresand regulations for projects to refurbish or replace existing infrastructure facilities. ACCOC - NYCLOCC - WatchCASA - NYCACWA - NYCCSDA - NYC 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. Introduced 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 - NYC OCSD State Bills of Interest BILL AUTHOR SUMMARY LATEST ACTION OCSD POSITION LEGISLATIVE PLAN OTHER POSITIONSAB 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. Introduced Watch Legislative and Regulatory Policies: Security - Support legislation that would create efficiencies around the retention policy of surveillance video forinnocuous recordings. ACCOC - NYCLOCC - NYCCASA - NYCACWA - NYCCSDA - Sponsor AB 557 Wood [D]Atmospheric Rivers: Research, Mitigation, and Climate Forecasting Program Would appropriate $9,250,000 from the General Fund to the Department of Water Resources in the 2019–20 fiscal year to operate the Atmospheric Rivers: Research, Mitigation, and Climate Forecasting Program. The department shall conduct research relating to improving the accuracy of forecasting atmospheric river events and the causes and impacts that climate change has on atmospheric rivers, and shall take all actions within its existing authority to operate reservoirs in a manner that improves flood protection in the state and to reoperate flood control and water storage facilities to capture water generated by atmospheric rivers, thereby increasing water supply, hydropower availability, and the reliability of water resources in the state. Introduced 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 - NYC CASA - NYC ACWA - NYCCSDA - NYC SB 5 Beall [D]Local-State Sustainable Investment Incentive Program Would establish in state government the Local-State Sustainable Investment Incentive Program, which would be administered by the Sustainable Investment Incentive 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 or transit village development district to apply to the Sustainable Investment Incentive Committee to participate in the program and would authorize the committee to approve or deny applications for projects meeting specific criteria. Introduced Watch State Priorities: Continue to monitor the state budget process and actively protect the allocation of local property taxes tospecial districts. ACCOC - NYCLOCC - WatchCASA - NYCACWA - NYC CSDA - NYC OCSD State Bills of Interest BILL AUTHOR SUMMARY LATEST ACTION OCSD POSITION LEGISLATIVE PLAN OTHER POSITIONSSB 13 Weickowski [D]Accessory dwelling units Would express the intent of the Legislature to enact legislation that would reduce impact fees and other existing barriers for homeowners seeking to create accessory dwelling units for the purpose of creating additional residential housing within their neighborhoods. Introduced Watch Legislative and Regulatory Policies: Special Districts - Oppose further state regulations that adversely impact special district financing, operations, and administration. ACCOC - NYCLOCC - WatchCASA - NYCACWA - NYCCSDA - NYC SB 134 Hertzberg [D]Water conservation: water loss performance standards: enforcement. Current law authorizes the State Water Resources Control Board to issue information orders, written notices, and conservation orders to an urban retail water supplier that does not meet its urban water use objective, and existing law authorizes the board to impose civil liability for a violation of an order or regulation issued pursuant to these provisions, as specified. Current law requires the 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 imposing liability for a violation of the performance standards for the volume of water losses except as part of the enforcement of an urban water use objective. Introduced Watch Legislative and Regulatory Policies: Water Quality and Supply - Support legislation and regulation that necessitate the responsible use of water in residential, commercial, and industrial areas ACCOC - NYCLOCC - WatchCASA - NYCACWA - NYCCSDA - NYC 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. Introduced 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 - NYCLOCC - NYCCASA - NYCACWA - NYCCSDA - NYC OCSD State Bills of Interest BILL AUTHOR SUMMARY LATEST ACTION OCSD POSITION LEGISLATIVE PLAN OTHER POSITIONSSB 200 Safe and Affordable Drinking Water Fund. Would establish the Safe and Affordable Drinking Water Fund in the State Treasury and would provide that moneys in the fund are available, upon appropriation by the Legislature, to the State Water Resources Control Board to provide a stable source of funding to secure access to safe drinking water for all Californians, while also ensuring the long-term sustainability of drinking water service and infrastructure. Introduced Watch State Tactics: Support tax reform that protects public agencies ACCOC - NYCLOCC - WatchCASA - NYCACWA - NYCCSDA - NYC Legend:ACC-OC - Association of California Cities, Orange County LOCC - League of California CitiesNYC - Not Yet ConsideredCASA - California Association of Sanitation AgenciesACWA - 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 Cap and Trade Funding $1 billion from the Cap and Trade program (Greenhouse Gas Reduction Fund) was proposed to be appropriated in the Governor's January Budget. A Cap and Trade Expenditure plan will be considered later this legislative session. $25 million - Waste Diversion Projects. Specifics TBD TBD TBD TBD The Cap and Trade Expenditure Plan will need to go through the legislative process. It is uncertain how much funding will be available for the District's projets, or what the funding will be used for. TBD Unknown at this time 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 NA NA No 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 TBD 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 Stormwater and CSO Grant Program USEPA is authorized to provide grants assistance fo public agenceis to control stormwater flows and CSO's Funding cost-share is not identeifed in the law TBD TBD. We will monitor for possible funding opportunitiesN/A TBD Funding must be apprpropriated as part of current FY 2019 budget impasse TBD TBD Water/ Infrastructure TBD 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. TBD Energy TBD OCSD's Grant and Loan Funding Tracker 2018-2019 STATE FEDERAL Updated 2/22/2019 Page 1 of 3 LEGISLATIVE AND PUBLIC AFFAIRS COMMITTEE Meeting Date 03/11/19 To Bd. of Dir. -- AGENDA REPORT Item Number 5 Item Number -- Orange County Sanitation District FROM: James D. Herberg, General Manager Originator: Jennifer Cabral, Public Affairs Supervisor SUBJECT: PUBLIC AFFAIRS UPDATE GENERAL MANAGER'S RECOMMENDATION Information Only. 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. TIMING CONCERNS N/A Page 2 of 3 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 February 2019 Activity # # of Guests OCSD/OCWD Tours 11 268 OCSD Tours 4 81 Speaking Engagements 2 50 During this month staff attended: • Local Community (HB Huddle) Meeting • Cypress College – Partnership Opportunity for Engineering • American Society of Civil Engineers Awards Banquet • City of Seal Beach City Council Meeting for past Board Member recognition ACC-OC Infrastructure Tour On Friday, February 22, the Sanitation District participated in the Association of California Cities – Orange County infrastructure tour. The group of local and state elected spent the morning learning about the Sanitation District’s process and learning about GWRS. Honor Walk Nominations The annual Honor Walk nomination period is currently underway. Any retired/former employees, as well as former Board Members, who have made a significant contribution to the Sanitation District can be nominated. They are honored with a permanent, engraved brick in front of the main entrance to the Administration Building at Plant No.1. Nominations are due Friday, March 8 and the Honor Walk celebration will be held on Wednesday, May 22 at 4 p.m. CASA’s “No Wipes in the Pipes” Campaign and the Sanitation District’s “What2Flush” Message The California Association of Sanitation Agencies (CASA) will be sponsoring a bill this legislative cycle related to the proper labeling of wipes. The Sanitation District will be supporting the outreach efforts to raise public awareness about these products and work to ensure that they are kept out of sewer systems. These efforts are also part of a broader initiative to promote source control of products that should not end up in the wastewater system, including pharmaceuticals, plastics, and fats, oils, and grease. Page 3 of 3 Recent Awards • For the 22nd consecutive year, the Sanitation District has been awarded the Distinguished Budget Presentation Award from the Government Finance Officers Association. • The Newhope-Placentia Trunk Sewer Replacement project was acknowledged by the American Society of Civil Engineers as the Wastewater Project of the Year. Board Chairman Shawver and the team were recognized at the awards banquet on February 21. • The Sanitation District’s Ocean Outfall System Rehabilitations project was selected for the Project Achievement Award by the Orange County Engineering Council and recognized Project Manager Victoria Pilko for Engineering Merit Award. • The GWRS Bottled Water Campaign received the Silver Mercury Award honoring outstanding achievement in professional communication. Upcoming Activities – March 2019 • Urban Water Institute Conference • Plant No. 2 Neighborhood Tour • Assemblywoman Cottie Petrie Norris Plant Tour • Santa Ana River Basin Section Annual Awards Banquet • Irvine Rotary Club Presentation • Association of California Cities – UCI Public Policy Academy Presenter • Orange County 2019 Orange County Science & Engineering Fair • National Association of Women in Construction seminar • City of Huntington Beach Southeast Area Council Committee meeting ATTACHMENTS The following attachments are attached in hard copy and may also be viewed on-line at the OCSD website (www.ocsd.com) with the complete agenda package: • Outreach Report February 2019 • Media Clips February 2019 Outreach February 2019 Date Event Attendees 2/1/2019 Science and Engineering Club Tour 20 2/5/2019 Katella High School Tours 45 2/6/2019 San Clemente High School Tours 50 2/8/2019 Huntington Beach High School Tours 30  2/8/2019 Speaking Engagement ‐ Brea High School 20 2/14/2019 Katella High School Tours 45 2/15/2019 Huntington Beach High School Tours 30  2/19/2019 Speaking Engagement ‐ Huntington Beach Residents 15 2/19/2019 Plant 2 Tour 20 2/20/2019 Vanguard Nursing Tour 17 2/20/2019 New Board Member Tour 15 2/21/2019 Western Governor's Univ. Nursing Tour 11 2/22/2019 ACCOC Tour 20 2/26/2019 Operator Class II Tour 20 2/27/2019 California State University Fullerton Nursing Tour 15 2/28/2019 Santiago High School Tour 30 O C S D P u b l i c A f f a i r s O f f i c e Monthly News Clippings February 2019 Table of Contents HUMAN INTEREST…………………………………………… ................. PAGE 1 January 29, 2019 Improving public perception of water reuse By: Kahui Lim and Hanna Safford California Water Blog January 31, 2019 OCWD Denis Bilodeau to be inducted into University of California, Irving Engineering Hall of Fame By: Water Online staff Water OnLine February 4, 2019 Orange County gets ASCE Project of the Year Award By: WFM Staff Water Finance & Management February 11, 2019 Orange County gets GFOA award for transparency, budgeting practices By: Andrew Farr Water Finance & Management February 17, 2019 As special districts fly under radar, cash piles up By: Teri Sforza Orange County Register TWITTER POSTINGS …………………………………………… ............. PAGE 15 FACEBOOK POSTINGS ……………………………………………………PAGE 17 PRESS RELEASES …………………………………………… .......... PAGE 21 1 California WaterBlog Improving public perception of water reuse Posted on January 29, 2019 by jaylund Kahui Lim (klim@ucdavis.edu) and Hannah Safford (hrsafford@ucdavis.edu) By Kahui Lim and Hannah Safford Water reuse is becoming more important to water security in arid regions like California. The California Recycled Water Policy calls for an increase of 1 million acre-feet of reused water per year by 2020 and 2 million by 2030. Assembly Bill (AB) 574 mandates that California establish a legislative framework for direct potable reuse (DPR)—where highly treated wastewater is recycled for drinking and other potable purposes—by 2023. Technology already exists to treat reused water to levels meeting or exceeding health standards. But adequate technical capacity is not sufficient. Water reuse can trigger revulsion, especially when water is reused for drinking or other potable purposes. This note explores outreach and engagement strategies to overcome the “yuck factor” and achieve public support for water reuse. Case studies Los Angeles East Valley Water Recycling Project In 1995, the Los Angeles Department of Water and Power (LADWP) began developing the East Valley Water Recycling Project. This $55 million water-reclamation project was intended California Water Blog January 29, 2019 2 to help “drought-proof” Los Angeles by using treated wastewater for groundwater recharge, irrigation, and other purposes. The project secured necessary approvals and construction was completed in 2000. But as East Valley was about to come on-line, it was derailed by a public-relations disaster. Problems began when the Los Angeles Daily News published an article about East Valley with the headline “Tapping Toilet Water.” The concept of sewage being used for drinking sparked public outcry. At the same time, an open Los Angeles mayoral contest was beginning. Several candidates seized on opposition to East Valley as campaign fodder, pledging to put a stop to “toilet-to- tap.” City attorney James Hahn was ultimately elected and made good on this promise. Hahn shut down East Valley and required LADWP to sever the pipeline bringing recycled water to the Hansen Spreading Grounds. That public outcry could undermine a finished, $55 million project illustrates the importance of robust public engagement. As Gerald Silver, President of the Homeowners of Encino, said of LADWP’s poor outreach around East Valley: “Reaching out means reaching out in a way that people will understand.” The severed pipeline at the Hansen Spreading Grounds is a reminder of public power and the importance of outreach. Water reuse in Orange County The Orange County Water District (OCWD) provides a successful example of water reuse. In 2008, OCWD began operating the Groundwater Replenishment System (GWRS), treating treated more than 70 million gallons per day of wastewater to potable standards. The product was then sent to replenish local aquifers used for drinking water. The project has been widely recognized for its emphasis on education and engagement as well as engineering. A full decade before beginning construction, OCWD launched a public relations campaign to overcome negative perceptions of water reuse and secure broad support. The campaign employed various outreach strategies, including facility tours, television ads, briefings for elected officials, and partnerships with community groups and 3 community leaders. It worked; the GWRS faced no substantial opposition. Media coverage of the project was generally positive, including headlines like “How California is Learning to Love Drinking Recycled Water” and “Magic in a Bottle”. OCWD continues to creatively prioritize public relations as the GWRS expands. In 2017, OCWD secured special permission to bottle its recycled water for consumption. The bottles were distributed at tasting events throughout Southern California. In 2018, OCWD gained substantial media attention by earning a Guinness World Record for the most recycled water produced in 24 hours. Research insights Research confirms that outreach and engagement can increase acceptance of water reuse. Providing consumers with information on water reuse is a good first step. A survey commissioned by the water-technology company Xylem Inc. found that 89% of California residents are more accepting of reused water after learning more about the treatment process. A similar survey from the Victor Valley region of Southern California found that educating respondents about water reuse increased support for water reuse projects by 8 percent and decreased opposition by 7 percent. Research also suggests ways to tailor messaging around water reuse. Public reaction to water reuse is often influenced by “affect heuristic,” a psychological principle that refers to people’s tendency to instinctively react to a stimulus based on prior experiences with similar or related things. Affect heuristic makes it difficult for people to overcome disgust associated with wastewater and accept scientific evidence that water reuse is safe. Numerous strategies exist to combat this heuristic. The Xylem survey found that referring to reused water as “purified” water garners stronger support for its use as an additional local water supply than referring to it as “recycled” or “reclaimed” water. Other studies have found that emphasizing the low risks of water reuse increases support more than emphasizing the benefits. Finally, messaging should avoid terms with negative connotations (such as “sewage” or “waste”) and incorporate terms with positive connotations (such as “clean” and “sustainable”). In addition, it is helpful to provide opportunities for people to experience water reuse firsthand. Pure Water San Diego and the Silicon Valley Advanced Water Purification Center are just two of the multiple water recycling projects that, like OCWD, offer regular public tours. Tours allow participants to sample finished water: a powerful strategy for increasing consumer acceptance. As Marta Lugo, a public information representative of the Santa Clara Valley Water District (SCVWD, which oversees the Silicon Valley project), noted: “If people see their neighbors taking a taste, or their friends and peers, they get over a psychological barrier—it becomes normalized.” Indeed, the SCVWD found that taking a tour more than doubled the percentage of people strongly in favor of potable wastewater reuse. Key takeaways 1: Engage proactively The LADWP case study shows that it is difficult to recover once a negative narrative has taken hold. Hence outreach should begin early, during project planning. Options include working with community organizations, the media, and local leaders to explain how and why key 4 decisions were made; sending brochures to utility customers; and hosting informational booths at public events. 2: Message carefully How information is delivered is as important as the content itself. Messages should be delivered in clear, non-technical language, and should emphasize positive aspects and low risks of recycled water. It is also useful to articulate how water recycling can mitigate local water-supply issues. 3: Encourage public involvement Broad public involvement in creates a sense of ownership that increases support. Project managers should consider recruiting local and stakeholders for advisory councils, providing opportunities for public comment, and offering tours and open houses. 5 News | January 31, 2019 Orange County Water District Director Denis Bilodeau To Be Inducted Into University Of California, Irvine Engineering Hall Of Fame Orange County Water District (the District; OCWD) Board of Director Denis Bilodeau, P.E., will be inducted into the University of California Irvine (UCI) Samueli School of Engineering Hall of Fame February 8, 2019. The Hall of Fame honors those who have made a significant impact in their profession, or in other ways have brought distinction to their alma mater. Director Bilodeau graduated in 1991 from UCI earning a Bachelor of Science degree in civil engineering and he is a registered civil and traffic engineer. He is one of 12 Samueli School of Engineering Hall of Fame inductees this year and one of four in the engineering category. Director Bilodeau was nominated for his impact on the field of engineering for leading the effort to bring the world’s largest water reclamation facility, the Groundwater Replenishment System (GWRS), online. “I am honored to receive this recognition alongside my esteemed engineering colleagues,” said Director Bilodeau. “I have served on the Orange County Water District Board of Directors for 18 years and it has been one of my greatest achievements. It has provided me the opportunity to co-lead the effort to design, build and finance an engineering marvel that has brought water reliability to Orange County and is hailed as the global model for water sustainability,” he added. The GWRS has received more than 50 awards and has been featured by prominent national and international media. It takes treated wastewater from the Orange County Sanitation District and purifies it to drinking water standards to help increase the local water supply relied up on by more than 2.5 million people in north and central Orange County. The GWRS has produced more than 271 billion gallons of pure water since it began operating in 2008. Water Online January 31, 2019 6 Director Bilodeau aided in bringing the initial 70 million-gallon-a-day (MGD) project online, implementing a 30 MGD project expansion and initiating a final project expansion that will be completed in 2023 and bring total water production to 130 MGD, enough water for one million people. Director Bilodeau was elected to the OCWD Board of Directors in 2000 and is presently the longest standing board member. He is committed to continuing his work at OCWD to create a reliable water future for Orange County and looks forward to implement projects and programs that support this effort. Beyond his work at OCWD, Director Bilodeau served two terms as a council member for the city of Orange and has served on the following committees and commissions throughout Orange County: Santa Ana Watershed Project Authority, Orange County Vector Control, Orange County Waste Management Commission, Orange County Transportation Authority, San Joaquin Hills Transportation Corridor Agency, Foothill Eastern Transportation Corridor Agency, Orange County Sanitation District, Orange County Emergency Medical Care Committee, Orange County Housing and Community Development Commission, Orange County Water Task Force, and the Los Angeles and San Gabriel River Watershed Taskforce. Additionally, he recently assumed a position at the County of Orange as manager of traffic and development services. The Hall of Fame Celebration will take place at the Tustin Hangars and will kick off UCI’s Homecoming and Reunion Weekend. The Samueli School of Engineering and the Donald Bren School of Information and Computer Sciences established the Hall of Fame in 2015 as UCI was celebrating its 50th anniversary as one of the nation’s leading universities. The School of Physical Sciences joined the celebration in 2018. For more information, visit http://engineering.uci.edu/alumni-friends/hall-of-fame. About OCWD The Orange County Water District is committed to enhancing Orange County’s groundwater quality and reliability in an environmentally friendly and economical manner. The following cities rely on the groundwater basin, managed by OCWD, to provide 75 percent of their water demands: 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. For more information, visit www.ocwd.com SOURCE: Orange County Water District (OCWD) 7 Orange County gets ASCE Project of the Year award FEBRUARY 4, 2019 BY WFM STAFF The Orange County Water District’s (OCWD) Mid-Basin Injection: Centennial Park (MBI) project was recognized with the Water Treatment Project of the Year Award from the American Society of Civil Engineers—Orange County Branch (ASCE OC). The award will be presented at the 2019 ASCE OC Water Finance & Management February 4, 2019 8 Branch Awards Dinner held on Thursday, Feb. 21 at the City National Grove of Anaheim in Anaheim, Calif. The 2.5-year $29.5 million MBI project is in the City of Santa Ana and will be completed in fall 2019. It is a solution that addresses a local groundwater depression in the central part of the Orange County Groundwater Basin (Basin), which currently provides about 77 percent of the water supply to more than 2.5 million residents. The MBI project will inject up to 10 million gallons of Groundwater Replenishment System (GWRS) water a day (MGD), enough water for 85,000 people. Filling this depression will reduce pumping costs paid by water agencies served by OCWD because the water will not have to be sent to its recharge basins in Anaheim. Additional project benefits include decreasing the threat of seawater contamination, reducing the potential for upwelling of deeper amber-tinted water and freeing up some storage space in the Basin near Anaheim to recharge other sources of eventual drinking water, such as more imported water and stormwater, when available. “As the OCWD board member appointed to represent the constituents of Santa Ana, I am honored to share the news that this project is nearing completion and has received this distinguished ASCE award,” said OCWD Board President Vicente Sarmiento. “The District will continue to invest in and implement fiscally sound water reliability projects to ensure an adequate water supply for the millions of people in our service area.” Implemented in 2008, the GWRS produces 100 MGD of advanced purified drinking water and is the primary and most reliable source used to refill the Basin. A 30 MGD final expansion of the GWRS will come online in 2023 and the MBI project supports this expansion because it helps get more water in the ground. The MBI project includes the construction of four injection wells, two monitoring wells, approximately 5,700 linear feet of supply pipeline, and approximately 4,200 linear feet of backflush pipeline. Construction phasing and communication were critical to the success of this project because its footprint impacted many stakeholders. The District began meeting with stakeholders long before the project broke ground, continues to meet regularly and maintains ongoing communication to minimize impacts to the community and address questions and concerns. Public outreach is a key part of all District projects. The MBI project scope was able to include improvements that will be made to Centennial Regional Park and the Heritage Museum of Orange County for the public to enjoy. The success of the project is also a result of the project team members that were contracted by the Orange County Water District. The team includes: Tetra Tech, Inc., design engineer; Butier 9 Engineering, Inc. and Geotechnical Consultants, Inc., construction management; the primary contractor, Pacific Hydrotech Corporation; and the well contractor, Best Drilling and Pump, Inc. OCWD Engineer Ben Smith is the project manager and will attend the Feb. 21 dinner to receive the award on behalf of the District. For more information about ASCE OC, please visit asceoc.org and to register to attend the event click here. The Orange County Water District is committed to enhancing Orange County’s groundwater quality and reliability in an environmentally friendly and economical manner. The following cities rely on the groundwater basin, managed by OCWD, to provide about 77 percent of their water demands: 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. For more information about OCWD, please visit ocwd.com, like @OCWaterDistrict on Facebook, and follow @OCWDWaterNews on Twitter. 10 Orange County gets GFOA award for transparency, budgeting practices FEBRUARY 11, 2019 BY ANDREW FARR As a public agency, being open and transparent is a primary goal for the Orange County Sanitation District (OCSD). These goals were recently rewarded when OCSD was acknowledged for its 2018 transparency efforts and budgeting process by the Government Finance Officers Association (GFOA). For the 22nd consecutive year, OCSD has been awarded the Distinguished Budget Presentation Award from GFOA. The award is granted to agencies that satisfy nationally recognized for effective budget presentation and demonstrate the document serves as a policy document, financial guidelines plan, operations guide, and a communication device. GFOA also recognized Lina Hsiao, Accounting Supervisor as the individual primarily responsible for OCSD earning the award. “As a government entity, we strive to be fully transparent and comprehensive in our reporting,” says Jim Herberg, OCSD general manager. “This recognition confirms our efforts to maintain these high standards.” OCSD also received the District Transparency Certificate of Excellence by the Special District Leadership Foundation (SDLF) in recognition of its outstanding efforts to promote transparency and good governance. The award is granted to agencies that demonstrated the completion of eight essential governance transparency requirements, including conducting ethics training for all board members, properly conducting open and public meetings, and filing financial transactions and a compensation report to the State Controller in a timely manner. OCSD also fulfilled 15 website requirements, including providing readily available information to the public, such as board agendas, past minutes, current district budget, and the most recent financial audit. Finally, OCSD demonstrated outreach to its constituents that engages the public in its governance, through special community engagement projects and community transparency reviews. Water Finance & Management February 11, 2019 11 “It’s great to see our staff recognized for their hard work as we continue to keep the cost of service delivery to our communities at a minimum. As the Board Chair, it makes me very proud to represent an agency that strives for excellence,” stated David Shawver, OCSD Board Chair. OCSD is a public agency that provides wastewater collection, treatment, and recycling for approximately 2.6 million people in central and northwest Orange County. OCSD is a special district that is governed by a 25-member Board of Directors comprised of 20 cities, four special districts, and one representative from the Orange County Board of Supervisors. OCSD has two operating facilities that treat wastewater from residential, commercial and industrial sources. For more information about the Orange County Sanitation District call (714) 962-2411 or visit ocsd.com. Follow OCSD at @OCSewers. 12 As special districts fly under radar, cash piles up Critics claim government entities have abused the public trust by hoarding vast sums of money By Teri Sforza February 17, 2019 tsforza@scng.com @terisforza on Twitter California’s most affluent special districts nearly doubled their spending over the course of a decade, while the value of their cash and investments nearly tripled, according to a Southern California News Group analysis of state data. The figures revive the question many good government advocates have been asking for decades: Do special districts, which operate largely under the public radar, simply have too much money? Critics say they do, and they argue that their functions should be absorbed into cities and counties that overlap their boundaries. Special districts say they don’t, insisting they simply safeguard vital infrastructure and are better left alone. California’s 250 largest special districts had cash and investments worth $47.1 billion when the 2017 fiscal year drew to a close, up dramatically from $17.9 billion a decade earlier, according to data from the State Controller’s Office. That’s a leap of almost $30 billion, or 164 percent. Total spending, meanwhile, jumped nearly 100 percent — from $27.4 billion to $53.5 billion. “From the perspective of California taxpayers, special districts are neither inherently good nor inherently bad,” said Jon Coupal, CEO of the conservative Howard Jarvis Taxpayers Association, in testimony to the Little Hoover Commission in 2016. “However, few can deny that many government entities have abused the public trust by hoarding vast sums of money.” Special districts insist he is wrong. They are the guardians of water, sewer, transportation systems and the like — and their money is earmarked to build, repair and replace vital infrastructure, they say. Quarter-billion-dollar club members Orange County Register February 17, 2019 13 Six special districts in California have amassed more than $1 billion each in cash and investments, with transportation agencies accumulating the richest treasure chests, according to the data. Another 48 from all over the state — hospital, utility, water, sewer, flood control, air quality districts and the like — have cash and investments exceeding a quarter billion dollars each. The billion-plus players in 2017 were mainly in the business of moving Californians: the Bay Area’s Metropolitan Transportation Commission ($3.8 billion), the Los Angeles County Metropolitan Transportation Authority ($1.6 billion), the San Francisco Bay Area Rapid Transit District ($1.55 billion), the Orange County Transportation Authority ($1.48 billion), the Metropolitan Water District of Southern California ($1.37 billion), and the Santa Clara Valley Transportation Authority ($1.06 billion). The Legislature began requiring the 250 special districts with the greatest annual revenues to have their finances called out separately shortly after the Little Hoover Commission — a good- government watchdog with no enforcement powers — spotlighted reserves that dwarfed annual spending in dozens of agencies and blasted districts for amassing tremendous piles of cash. That blistering study, “Special Districts: Relics of the Past or Resources for the Future?” was released in 2000. It bemoaned that hospital districts that no longer run hospitals continued to exist and collect taxes. It chided Local Agency Formation Commissions — one in every county, charged with ensuring efficiency — for being unable or unwilling to make sensible mergers happen. It urged a standard definition for “reserve funds” and greater transparency in reporting them. In 2017, the Little Hoover Commission issued an update: “Special Districts: Improving Oversight & Transparency.” It was a friendlier assessment, but it bemoaned that hospital districts continued to exist and collect taxes, even when they don’t fund hospitals. And that Local Agency Formation Commissions were unable or unwilling to make sensible government mergers happen, even though that is their mission. It called for a standard definition of “reserve funds” and greater transparency in reporting them. While some reformers throw their hands up at the snail’s pace of progress, there have been some improvements, said Pedro Nava, an attorney and chairman of the Little Hoover Commission. From 2000 to 2017, districts made big strides in how they communicate their activities and finances with the public, he said — though even today, not every district has a website. What are they, anyway? “At any given moment in any random neighborhood, millions of Californians whirl through their lives within the boundaries of special districts,” the commission said with some flourish in its 2017 report. “During their relentless proliferation over the past 75 years or more, they have become the backbone of California’s vast public services delivery system and the state’s most common form of local government. “Typically, most residents living in these districts know little about them, how they operate, who runs them and what they pay in taxes or fees to support them. Yet California has an estimated 2,071 independent special districts — many with the power to collect property taxes, to send monthly bills and collect fees and frequently to make voters scratch their heads over a list of unfamiliar candidates during election time.” Special districts are a unique creation of California, dating to 1877 when there were few city or county governments around to furnish basic services. But most of them were created after World 14 War II to accommodate millions of newcomers. Hospital districts provided medical care, library districts put books on the shelves, vector control districts battled mosquitoes, water districts provided water. “Today, this vast interlaced and unruly governing landscape of city, county and special district service providers is locked into place, the vestige of seven decades of hurry-up growth and hyperactive local agency creation,” the commission said. Commissioners quickly learned what reformers already knew: “The status quo is a formidable political force, amply able to quash reform efforts,” its report said. “Special districts seem to possess advantages — or, conversely, lack wide-scale harms — that make them mostly tolerable to their constituents in the larger scheme of governing and able to forestall movements to purge them on a significantly large scale.” Redundant districts? The poster child for this may be California’s 79 health-care districts, only 37 of which operate hospitals. Los Angeles County has two: Antelope Valley Healthcare District and Beach Cities Health District. Riverside County has four: Desert Healthcare District, Valley Health System, Palo Verde Health Care District and San Gorgonio Memorial Healthcare District. San Bernardino County has three: Bear Valley Community Healthcare District, Hi-Desert Memorial Hospital District and San Bernardino Mountains Community Hospital District. Orange County has none. In its 2017 update, the Little Hoover Commission said, “The Legislature, local grand juries, LAFCOs 15 Twitter Analytics Twitter Posts January / February 2019 16 17 Facebook Analytics Facebook Posts January / February 2019 18 19 20 FOR IMMEDIATE RELEASE February 7, 2019 Contact: Jennifer Cabral, Public Affairs Office l 714.593.7581 (Office) l jcabral@ocsd.com OCSD receives Accolades for Transparency and Budgeting Practices Fountain Valley, CA – As a public agency, being open and transparent is a primary goal for the Orange County Sanitation District (OCSD). These goals were recently rewarded when OCSD was acknowledged for their 2018 transparency efforts and budgeting process. For the 22nd consecutive year, OCSD has been awarded the Distinguished Budget Presentation Award from the Government Finance Officers Association (GFOA). The award is granted to agencies that satisfy nationally recognized guidelines for effective budget presentation and demonstrate the document serves as a policy document, financial plan, operations guide, and a communication device. GFOA also recognized Lina Hsiao, Accounting Supervisor as the individual primarily responsible for OCSD earning the award. “As a government entity, we strive to be fully transparent and comprehensive in our reporting. This recognition confirms our efforts to maintain these high standards,” stated Jim Herberg, OCSD General Manager. OCSD also received the District Transparency Certificate of Excellence by the Special District Leadership Foundation (SDLF) in recognition of its outstanding efforts to promote transparency and good governance. The award is granted to agencies that demonstrated the completion of eight essential governance transparency requirements, including conducting ethics training for all board members, properly conducting open and public meetings, and filing financial transactions and a compensation report to the State Controller in a timely manner. OCSD also fulfilled fifteen website requirements, including providing readily available information to the public, such as board agendas, past minutes, current district budget, -more- and the most recent financial audit. Finally, OCSD demonstrated outreach to its constituents that engages the public in its governance, through special community engagement projects and community transparency reviews. “It’s great to see our staff recognized for their hard work as we continue to keep the cost of service delivery to our communities at a minimum. As the Board Chair, it makes me very proud to represent an agency that strives for excellence,” stated David Shawver, OCSD Board Chair. For more information, please visit www.ocsd.com or follow us on Facebook and Twitter at @OCSewers. About OCSD OCSD is a public agency that provides wastewater collection, treatment, and recycling for approximately 2.6 million people in central and northwest Orange County. OCSD is a special district that is governed by a 25-member Board of Directors comprised of 20 cities, four special districts, and one representative from the Orange County Board of Supervisors. OCSD has two operating facilities that treat wastewater from residential, commercial and industrial sources. For more information about the Orange County Sanitation District call (714) 962-2411 or visit www.ocsd.com. Follow us at @OCSewers. FOR IMMEDIATE RELEASE February 21, 2019 Contact: Jennifer Cabral, Public Affairs Office l 714.593.7581 (Office) l jcabral@ocsd.com Orange County Sanitation District Announces New Director of Engineering Fountain Valley, California –The Orange County Sanitation District (OCSD) recently selected Kathy Millea, OCSD’s Planning Engineering Manager to serve as the new Director of Engineering. Millea started her career in the Operations and Maintenance Department at OCSD in 1995 but has spent most of her career in the Engineering Department. Kathy has been instrumental in helping to improve OCSD over the years. She took the lead developing the construction standard specifications that we still use today and has managed several projects that have set OCSD apart. Kathy managed OCSD’s 20-Year CIP Master Plan which totaled $5 billion. Among her achievements is the project management of a new $200 million secondary treatment plant – an EPA Consent Decree project which was successfully completed ahead of schedule and on budget. At the time it was the largest facility of its kind in the United States and second in the world. “I am very excited for this new opportunity. I have been with the Sanitation District for nearly 25 years working in both Operations and Maintenance and Engineering. Most recently, as the Planning Engineering Manager, I have learned a lot about the Sanitation District and what it takes to bring a project to fruition. As the Director of Engineering I look forward to using the skills I have gained throughout the years and to challenge myself and my team,” stated Millea. As the Director of Engineering, Millea will manage the planning, design, construction, inspection, and electrical & control system elements of the Capital Improvement Program. She will also oversee the project management aspect of the entire program. “Kathy was selected from a talented pool of candidates. As the new department head, I am confident she will continue to bring innovation and leadership to the department as she’s done for the past 20 plus years,” stated Jim Herberg, OCSD General Manager. “ She is an excellent choice and I look forward to having her as part of OCSD’s Executive Management team.” Millea is a registered Civil Engineer in the State of California. She holds a Bachelor’s Degree in Civil Engineering from UC Irvine, and a Master’s Degree in Civil Engineering from California State University of Long Beach. -more- About OCSD OCSD is a public agency that provides wastewater collection, treatment, and recycling for approximately 2.6 million people in central and northwest Orange County. OCSD is a special district that is governed by a 25 member Board of Directors comprised of 20 cities, four special districts, and one representative from the Orange County Board of Supervisors. OCSD has two operating facilities that treat wastewater from residential, commercial and industrial sources. ### FOR IMMEDIATE RELEASE February 22, 2019 Contact: Jennifer Cabral, Public Affairs Office l 714.593.7581 (Office) l jcabral@ocsd.com ORANGE COUNTY SANITATION DISTRICT PROJECT RECEIVES THE AMERICAN SOCIETY OF CIVIL ENGINEERS WASTEWATER TREATMENT PROJECT OF THE YEAR AWARD Fountain Valley, CA – The Orange County Sanitation District’s (OCSD) Newhope-Placentia Trunk Sewer Replacement Project was recognized by the American Society of Civil Engineers (ASCE) as the Wastewater Treatment Project of the Year. The award was presented at the 2019 ASCE OC Branch Awards Dinner held on Thursday, February 21 at the City National Grove of Anaheim. The project replaces almost 7 miles of sewer pipeline on State College Blvd. in the cities of Fullerton and Anaheim to increase capacity of our regional system. Once the project is complete, an additional eight million gallons of wastewater will be diverted to OCSD’s Plant No. 1 in Fountain Valley for treatment before being sent to the Orange County Water District, our partners with the Groundwater Replenishment System, to increase the amount of wastewater recycled. In addition, we will have the ability to abandon the Yorba Linda Pump Station in the future which sits in the California State University, Fullerton campus. The $70 million construction project was split into two phases to minimize impact to the public. Phase A was completed in 2017 in the City of Fullerton and Phase B is currently in construction in Anaheim. The project has also provided an opportunity for OCSD to partner with Fullerton and Anaheim by consolidating their projects with ours. In Fullerton we performed our work at the same time as their Grade Separation project was taking place which required the closure of State College. This partnership and collaboration resulted in a single closure, minimizing the impact to the surrounding area. In Anaheim, we are applying the same approach by replacing water lines -more- for the city as we replace our sewer minimizing impact to the community. In addition, the City of Anaheim will take over the old pipe alignment so they can use it as part of their stormwater retention program thus eliminating the need for us to abandon the old line. “The team has done an outstanding job managing this project. Not only are we replacing a large regional sewer pipeline to ensure reliability within our system, we are also increasing our efforts in water recycling, limiting our risk of spills, and reducing maintenance by allowing for the future abandonment of a pump station and force main. The engineering needs as well as the public outreach considerations were huge factors during the design and now construction of this project. The close collaboration that has taken place with the cities, might not be seen, however do benefit the community. I am very proud of the team and their efforts, and appreciative of our city partners,” stated Rob Thompson, OCSD’s Assistant General Manager. Phase B of the project extends along State College Blvd. from just south of the 91 freeway to Orangewood Avenue. Current construction is taking place between Orangewood Avenue and Turin Avenue. The entire project is scheduled for completion in fall 2020. For more information on the project please visit www.ocsd.com/StateCollege or visit us on Facebook and Twitter at @OCSewers. About OCSD OCSD is a public agency that provides wastewater collection, treatment, and recycling for approximately 2.6 million people in central and northwest Orange County. OCSD is a special district that is governed by a 25-member Board of Directors comprised of 20 cities, four special districts, and one representative from the Orange County Board of Supervisors. OCSD has two operating facilities that treat wastewater from residential, commercial and industrial sources. For more information about the Orange County Sanitation District call (714) 962-2411 or visit www.ocsd.com. Follow us at @OCSewers. ORANGE COUNTY SANITATION DISTRICT COMMON ACRONYMS ACWA Association of California Water Agencies LAFCO Local Agency Formation Commission RWQCB Regional Water Quality Control Board APWA American Public Works Association LOS Level Of Service SARFPA Santa Ana River Flood Protection Agency AQMD Air Quality Management District MGD Million Gallons Per Day SARI Santa Ana River Interceptor ASCE American Society of Civil Engineers MOU Memorandum of Understanding SARWQCB Santa Ana Regional Water Quality Control Board BOD Biochemical Oxygen Demand NACWA National Association of Clean Water Agencies SAWPA Santa Ana Watershed Project Authority CARB California Air Resources Board NEPA National Environmental Policy Act SCADA Supervisory Control And Data Acquisition CASA California Association of Sanitation Agencies NGOs Non-Governmental Organizations SCAP Southern California Alliance of Publicly Owned Treatment Works CCTV Closed Circuit Television NPDES National Pollutant Discharge Elimination System SCAQMD South Coast Air Quality Management District CEQA California Environmental Quality Act NWRI National Water Research Institute SOCWA South Orange County Wastewater Authority CIP Capital Improvement Program O & M Operations & Maintenance SRF Clean Water State Revolving Fund CRWQCB California Regional Water Quality Control Board OCCOG Orange County Council of Governments SSMP Sewer System Management Plan CWA Clean Water Act OCHCA Orange County Health Care Agency SSO Sanitary Sewer Overflow CWEA California Water Environment Association OCSD Orange County Sanitation District SWRCB State Water Resources Control Board EIR Environmental Impact Report OCWD Orange County Water District TDS Total Dissolved Solids EMT Executive Management Team OOBS Ocean Outfall Booster Station TMDL Total Maximum Daily Load EPA US Environmental Protection Agency OSHA Occupational Safety and Health Administration TSS Total Suspended Solids FOG Fats, Oils, and Grease PCSA Professional Consultant/Construction Services Agreement WDR Waste Discharge Requirements gpd gallons per day PDSA Professional Design Services Agreement WEF Water Environment Federation GWRS Groundwater Replenishment System POTW Publicly Owned Treatment Works WERF Water Environment & Reuse Foundation ICS Incident Command System ppm parts per million WIFIA Water Infrastructure Finance and Innovation Act IERP Integrated Emergency Response Plan PSA Professional Services Agreement WIIN Water Infrastructure Improvements for the Nation Act JPA Joint Powers Authority RFP Request For Proposal WRDA Water Resources Development Act ORANGE COUNTY SANITATION DISTRICT GLOSSARY OF TERMS ACTIVATED SLUDGE PROCESS – A secondary biological wastewater treatment process where bacteria reproduce at a high rate with the introduction of excess air or oxygen and consume dissolved nutrients in the wastewater. BENTHOS – The community of organisms, such as sea stars, worms, and shrimp, which live on, in, or near the seabed, also known as the benthic zone. BIOCHEMICAL OXYGEN DEMAND (BOD) – The amount of oxygen used when organic matter undergoes decomposition by microorganisms. Testing for BOD is done to assess the amount of organic matter in water. BIOGAS – A gas that is produced by the action of anaerobic bacteria on organic waste matter in a digester tank that can be used as a fuel. BIOSOLIDS – Biosolids are nutrient rich organic and highly treated solid materials produced by the wastewater treatment process. This high-quality product can be recycled as a soil amendment on farmland or further processed as an earth-like product for commercial and home gardens to improve and maintain fertile soil and stimulate plant growth. CAPITAL IMPROVEMENT PROGRAM (CIP) – Projects for repair, rehabilitation, and replacement of assets. Also includes treatment improvements, additional capacity, and projects for the support facilities. COLIFORM BACTERIA – A group of bacteria found in the intestines of humans and other animals, but also occasionally found elsewhere, used as indicators of sewage pollution. E. coli are the most common bacteria in wastewater. COLLECTIONS SYSTEM – In wastewater, it is the system of typically underground pipes that receive and convey sanitary wastewater or storm water. CERTIFICATE OF PARTICIPATION (COP) – A type of financing where an investor purchases a share of the lease revenues of a program rather than the bond being secured by those revenues. CONTAMINANTS OF POTENTIAL CONCERN (CPC) – Pharmaceuticals, hormones, and other organic wastewater contaminants. DILUTION TO THRESHOLD (D/T) – The dilution at which the majority of people detect the odor becomes the D/T for that air sample. GREENHOUSE GASES (GHG) – In the order of relative abundance water vapor, carbon dioxide, methane, nitrous oxide, and ozone gases that are considered the cause of global warming (“greenhouse effect”). GROUNDWATER REPLENISHMENT SYSTEM (GWRS) – A joint water reclamation project that proactively responds to Southern California’s current and future water needs. This joint project between the Orange County Water District and the Orange County Sanitation District provides 70 million gallons per day of drinking quality water to replenish the local groundwater supply. LEVEL OF SERVICE (LOS) – Goals to support environmental and public expectations for performance. N-NITROSODIMETHYLAMINE (NDMA) – A N-nitrosamine suspected cancer-causing agent. It has been found in the Groundwater Replenishment System process and is eliminated using hydrogen peroxide with extra ultra-violet treatment. NATIONAL BIOSOLIDS PARTNERSHIP (NBP) – An alliance of the National Association of Clean Water Agencies and Water Environment Federation, with advisory support from the US Environmental Protection Agency. NBP is committed to developing and advancing environmentally sound and sustainable biosolids management practices that go beyond regulatory compliance and promote public participation to enhance the credibility of local agency biosolids programs and improved communications that lead to public acceptance. PLUME – A visible or measurable concentration of discharge from a stationary source or fixed facility. PUBLICLY OWNED TREATMENT WORKS (POTW) – A municipal wastewater treatment plant. SANTA ANA RIVER INTERCEPTOR (SARI) LINE – A regional brine line designed to convey 30 million gallons per day of non-reclaimable wastewater from the upper Santa Ana River basin to the ocean for disposal, after treatment. SANITARY SEWER – Separate sewer systems specifically for the carrying of domestic and industrial wastewater. Combined sewers carry both wastewater and urban runoff. SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT (SCAQMD) – Regional regulatory agency that develops plans and regulations designed to achieve public health standards by reducing emissions from business and industry. SECONDARY TREATMENT – Biological wastewater treatment, particularly the activated sludge process, where bacteria and other microorganisms consume dissolved nutrients in wastewater. SLUDGE – Untreated solid material created by the treatment of wastewater. TOTAL SUSPENDED SOLIDS (TSS) – The amount of solids floating and in suspension in wastewater. TRICKLING FILTER – A biological secondary treatment process in which bacteria and other microorganisms, growing as slime on the surface of rocks or plastic media, consume nutrients in wastewater as it trickles over them. URBAN RUNOFF – Water from city streets and domestic properties that carry pollutants into the storm drains, rivers, lakes, and oceans. WASTEWATER – Any water that enters the sanitary sewer. WATERSHED – A land area from which water drains to a particular water body. The Orange County Sanitation District’s service area is in the Santa Ana River Watershed.