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HomeMy WebLinkAbout04-08-2019 LaPA Committee Agenda Packet04/08/2019 Legislative and Public Affairs Committee Page 1 of 3 Orange County Sanitation District Meeting of the LEGISLATIVE AND PUBLIC AFFAIRS COMMITTEE Monday, April 8, 2019 3:30 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 Any items withdrawn from the Consent Calendar for separate discussion will be considered in the regular order of business. 1.APPROVAL OF MINUTES (Clerk of the Board)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 HOUSE OF REPRESENTATIVES BILL 1497 AND 1162(Jennifer Cabral) RECOMMENDATION: A.Approve letter of Support for House of Representatives Bill 1497 - Water Quality Protection and Job Creation Act of 2019 (DeFazio); and B. Approve letter of Support for House of Representatives Bill 1162 - Water Recycling Investment and Improvement Act (Napolitano). 04/08/2019 Legislative and Public Affairs Committee Page 2 of 3 3. POSITION LETTERS: ASSEMBLY BILL 292, ASSEMBLY BILL 1486, AND SENATE BILL 332 (Jennifer Cabral) A. Approve letter of Support for Assembly Bill 292 - Potable Reuse Terminology (Quirk); B. Approve letter of Oppose Unless Amended for Senate Bill 332 - Wastewater treatment: recycled water (Hertzberg and Wiener); and C. Approve letter of Oppose Unless Amended for Assembly Bill 1486 - Local agencies: surplus land (Ting). NON-CONSENT: 4. LEGISLATIVE AFFAIRS UPDATE FOR THE MONTH OF MARCH 2019 (Rebecca Long) RECOMMENDATION: Recommend to the Board of Directors to: Receive and file the Legislative Affairs Update for the month of March 2019. 5. PUBLIC AFFAIRS UPDATE FOR THE MONTH OF MARCH 2019 (Jennifer Cabral) RECOMMENDATION: Recommend to the Board of Directors to: Receive and file the Public Affairs Update for the month of March 2019. INFORMATION ITEMS: None. OTHER BUSINESS AND COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS, IF ANY: ADJOURNMENT: The next Legislative and Public Affairs Committee meeting is scheduled for Monday, May 13, 2019 at 12:00 p.m. 04/08/2019 Legislative and Public Affairs Committee Page 3 of 3 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 03/11/2019 Legislative and Public Affairs Committee Minutes Page 1 of 4 MINUTES OF THE LEGISLATIVE AND PUBLIC AFFAIRS COMMITTEE Orange County Sanitation District Monday, March 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, March 11, 2019 at 12:00 p.m. in the Administration Building of the Orange County Sanitation District. Chair Kim led the pledge of allegiance. A quorum was declared present, as follows: COMMITTEE MEMBERS PRESENT: Peter Kim, Chair Allan Bernstein, Vice-Chair David Shawver, Board Chair John Withers, Board Vice-Chair COMMITTEE MEMBERS ABSENT: Lucille Kring, Member-At-Large Donald P. Wagner, Member-At-Large Chad Wanke, Member-At-Large STAFF PRESENT: Jim Herberg, General Manager Lorenzo Tyner, Assistant General Manager Celia Chandler, Director of Human Resources Kathy Millea, Director of Engineering Tina Knapp, Deputy Clerk of the Board Jennifer Cabral Tanya Chong Daisy Covarrubias Lisa Haney Rebecca Long Thomas Vu 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 reminded the Committee to file their Annual Statement of Economic Interests – Form 700 no later than April 1, 2019 and to contact the Clerk of the Board’s office should you have any questions or concerns. REPORT OF GENERAL MANAGER: General Manager Jim Herberg did not provide a report. ITEM NO. 1 03/11/2019 Legislative and Public Affairs Committee Minutes Page 2 of 4 CONSENT CALENDAR: 1. APPROVAL OF MINUTES (Clerk of the Board) MOVED, SECONDED, and DULY CARRIED TO: Approve minutes for the Committee meeting held on February 11, 2019. AYES: Bernstein, Kim, Shawver and Withers NOES: None ABSTENTIONS: None ABSENT: Kring, Wagner and Wanke 2. SUPPORT ASSEMBLY BILL 510 (COOLEY) – LOCAL GOVERNMENT RECORDS: DESTRUCTION OF RECORDS (Jennifer Cabral) MOVED, SECONDED, and DULY CARRIED TO: Approve the letter of support for Assembly Bill 510 – Local government records: destruction of records (Cooley). AYES: Bernstein, Kim, Shawver and Withers NOES: None ABSTENTIONS: None ABSENT: Kring, Wagner and Wanke NON-CONSENT: None. INFORMATION ITEMS: Chair Kim reordered the items so that Item 4, Legislative Affairs Update, was heard first, followed by Item 3 and then Item 5. 4. LEGISLATIVE AFFAIRS UPDATE (Rebecca Long) Senior Public Affairs Specialist Rebecca Long introduced Eric O’Donnell with TPA who provided a PowerPoint presentation reviewing the following: the legislative schedule; an update on the Water Tax; a counter proposal to the Water Tax; and 2019 legislation, including SB 332 (Hertzberg) declaring ocean outfalls as waste and unreasonable and AB 292 (Quirk) clarifying the terms/definitions used for recycled water. Board Chair Shawver expressed interest in exploring selling GWRS bottled water as a response to SB 669 (Caballero), which pertains to assisting community water systems in disadvantaged communities that are chronically noncompliant. Board Vice-Chair Withers expressed concern with the water tax, which generates revenue with no spending plan. 03/11/2019 Legislative and Public Affairs Committee Minutes Page 3 of 4 In response to a discussion by the Committee, Jennifer Cabral, Public Affairs Supervisor, indicated that staff is analyzing SB 332 and reviewing the positions other agencies are taking. Staff anticipates bringing the matter back to the Committee next month with a recommended position. Mr. O’Donnell also indicated that Assembly Member Connie Petrie Norris will tour OCSD on Friday, March 15 at 2:00pm and plans for an advocacy trip to Sacramento this Spring are being made. Eric Sapirstein, ENS Resources, provided a PowerPoint presentation and updated the Committee on the following items: the House infrastructure hearings have begun, with a focus on transportation and wastewater needs focusing on current programs; the Senate infrastructure debate is pending, with support of water infrastructure gaining support; Andrew Wheeler was approved as the head of the U.S. Environmental Protection Agency and David Bernardt’s nomination to the Department of the Interior is pending; a review of legislative proposals regarding infrastructure, H.R. 1162 (Napolitano/Rouda, Lowenthal, Cisneros, Levin) concerning the Water Recycling Investment and Improvement Act, H.R. 1497 (Defazio/Napolitano), a bill to Reauthorize Clean Water State Revolving Fund, and H.R. 1417 (Lawrence/Rouda), Water Affordability, Transparency, Equity and Reliability; an update on Buy America; H.R. 535 (Dingell) concerning a Polyfluoroalkyl Substances (PFAS) Action Plan; an update on S. RES 59/H.RES 109 (Ocasio-Cortez/Lowenthal, Levin and Markey/Harris) regarding the Green New Deal; the Fiscal Year 2020 budget request; and regulatory and budget initiatives. Board Chair Shawver indicated that subsidies offered in the Buy America program should be encouraged and Mr. Sapirstein indicated he will work with staff to review. 5. PUBLIC AFFAIRS UPDATE (Jennifer Cabral) Ms. Cabral reviewed outreach efforts made and meetings attended over the last month and reviewed items currently being worked on: the No Wipes in the Pipes campaign and Honor Walk nominations. Ms. Cabral reminded the Committee of the Honor Walk ceremony on May 22 prior to the Steering Committee meeting. Ms. Cabral reviewed the awards recently received by OCSD. Ms. Cabral also indicated that the ACC-OC forum and tour went very well and that OCSD has established a partnership with UC Irvine for the American Academy of Environmental Engineers and Scientists. Board Chair Shawver indicated that partnerships with junior colleges to promote careers in wastewater should also be considered. 3. 65TH ANNIVERSARY OPEN HOUSE (Jennifer Cabral) Ms. Cabral shared the arrangements being made for the 65th Anniversary Open House being held on Saturday, July 27 from 9:00am-12:00pm. Contact will be 03/11/2019 Legislative and Public Affairs Committee Minutes Page 4 of 4 made with all member agencies for participation opportunities and outreach efforts. Board Vice-Chair Withers inquired as to the possibility of having the event sponsored by agencies with whom OCSD does business. General Counsel Brad Hogin indicated that he does not see, on the surface, any legal issues with this. Ms. Cabral indicated that, historically, OCSD has opted not to engage in this type of activity given possible perception and logistical constraints. Board Chair Shawver indicated the importance of engaging a younger audience at the Open House. OTHER BUSINESS AND COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS, IF ANY: Board Chair Shawver expressed interest in appointing alternates to the Legislative and Public Affairs Committee, and other Committees, to serve in the absence of appointed Board Members. Board Chair Shawver also expressed an interest in ensuring that the full Board is updated on activities of this Committee, specifically legislative items. Several suggestions were made, and staff indicated they will review the matter and return to the Committee with suggestions. ADJOURNMENT: Committee Chair Kim declared the meeting adjourned at 12:58 p.m. to the next Legislative and Public Affairs Committee meeting, Monday, April 8, 2019 at 3:30 p.m. Submitted by: _____________________ Tina Knapp, CMC Deputy Clerk of the Board Page 1 of 2 LEGISLATIVE AND PUBLIC AFFAIRS COMMITTEE Meeting Date 04/08/19 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 HOUSE OF REPRESENTATIVES BILL 1497 AND 1162 GENERAL MANAGER'S RECOMMENDATION A. Approve letter of Support for House of Representatives Bill 1497 - Water Quality Protection and Job Creation Act of 2019 (DeFazio); and B. Approve letter of Support for House of Representatives Bill 1162 - Water Recycling Investment and Improvement Act (Napolitano). BACKGROUND House of Representatives (H.R.) Bill 1497 provides nearly $23.5 billion in direct infrastructure investment over the next five years to address wastewater infrastructure and local water quality challenges. This bill allocates $20 billion in grants for the Clean Water State Revolving Fund, which aims to address water infrastructure needs. H.R. 1497 provides over $3 billion directed towards grants for water pollution and treatment. Additionally, this bill proposes to help create jobs by investing in infrastructure. House of Representatives (H.R.) Bill 1162 increases funding Authorization for the Bureau of Reclamation’s Title XVI water recycling competitive grant program to $500 million from $50 million and makes the program permanent as it currently expires in 2021. Additionally, this bill aims to fund water recycling and reuse projects for 17 Western states. Federal funding for resource recovery projects is very important for our partners and industry as a whole. 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 agencies PROBLEM Without appropriate federal funding, water recycling projects like the Groundwater Replenishment System may be delayed until funding is available or may not happen at all. Page 2 of 2 PROPOSED SOLUTION Staff has drafted a letter of support for H.R. 1497 and 1162 for the Committee’s consideration. TIMING CONCERNS It is important that the Sanitation District take a position on the letters as soon as possible to ensure that the Sanitation District’s position is considered when reviewing the bills. RAMIFICATIONS OF NOT TAKING ACTION The bills may not be signed into law eliminating the funding mechanism to support critical infrastructure projects such as the Groundwater Replenishment System. ADDITIONAL INFORMATION H.R. 1162 is currently supported by: • California Association of Sanitation Agencies • Watereuse Association • Association of California Water Agencies H.R. 1497 is currently supported by: • National Association of Clean Water Agencies • California Association of Sanitation Agencies PRIOR COMMITTEE/BOARD ACTIONS N/A ATTACHMENTS The following attachments 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 House of Representatives Bill 1497 • House of Representatives Bill 1497 • Letter of Support for House of Representatives Bill 1162 • House of Representatives Bill 1162 April 8, 2019 The Honorable Grace P. Napolitano United States House of Representatives 1610 Longworth House Building Washington, DC 20515 Dear Representative Napolitano: The Orange County Sanitation District (OCSD) writes in support of the Water Quality Protection and Job Creation Act of 2019 (H.R. 1497) that you are cosponsoring with Peter DeFazio, Chair of the House Committee on Transportation and Infrastructure. OCSD deeply appreciates your long-standing leadership to ensure that we have a robust federal commitment to support clean water agencies’ infrastructure needs. The introduction of H.R. 1497, with its bipartisan support, represents an important step toward the enactment of water infrastructure assistance. In California, the need for water infrastructure assistance is overwhelming. USEPA’s most recent survey of needs (Clean Watersheds 2012) reveals that California agencies require more than $26 billion just to meet the designated federally eligible activities. This demand is only growing with the impacts associated with climate change and antiquated systems. The commitment to authorize $4 billion annually to the Clean Water SRF Program represents a meaningful down payment that would provide California with approximately $280 million annually under the current allocation formula. As we have discussed in the past, this formula has not been updated since 1987. As you consider this legislation, we would request that consideration be given to developing an approach to address the allocation of assistance in a more equitable manner given the dramatic population increases California has experienced over the past forty years. OCSD also supports the bill’s other provisions that would remedy impacts from sewer overflows, stormwater flows, and watershed improvement projects. Each of these provisions will lead to improved public health and environmental benefits and advance our shared interest in reversing the decline in our clean water infrastructure. As you and your colleagues work toward enactment of water infrastructure legislation this Congress, OCSD looks forward to supporting this effort and working with you. If OCSD can be of any assistance, please feel free to contact Rebecca Long at (714) 593-7444 or via email at rlong@ocsd.com. Sincerely, David John Shawver Board Chairman 116TH CONGRESS 1ST SESSION H. R. 1497 To amend the Federal Water Pollution Control Act to reauthorize certain water pollution control programs, and for other purposes. IN THE HOUSE OF REPRESENTATIVES MARCH 5, 2019 Mr. DEFAZIO (for himself, Mrs. NAPOLITANO, Mr. YOUNG, and Mr. KATKO) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure A BILL To amend the Federal Water Pollution Control Act to reauthorize certain water pollution control programs, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the “Water Quality Protection and Job Creation Act of 2019”. SEC. 2. STATE MANAGEMENT ASSISTANCE. (a) AUTHORIZATION OF APPROPRIATIONS.—Section 106(a) of the Federal Water Pollution Control Act (33 U.S.C. 1256(a)) is amended— (1) by striking “and” at the end of paragraph (1); (2) by striking the semicolon at the end of paragraph (2) and inserting “; and”; and (3) by inserting after paragraph (2) the following: “(3) such sums as may be necessary for each of fiscal years 1991 through 2019, and $300,000,000 for each of fiscal years 2020 through 2024;”. (b) TECHNICAL AMENDMENT.—Section 106(e) of the Federal Water Pollution Control Act (33 U.S.C. 1256(e)) is amended by striking “Beginning in fiscal year 1974 the” and inserting “The”. SEC. 3. WATERSHED PILOT PROJECTS. Section 122(c) of the Federal Water Pollution Control Act (33 U.S.C. 1274(c)) is amended to read as follows: “(c) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated to carry out this section $120,000,000 for each of fiscal years 2020 through 2024.”. SEC. 4. PILOT PROGRAM FOR ALTERNATIVE WATER SOURCE PROJECTS. (a) SELECTION OF PROJECTS.—Section 220(d) of the Federal Water Pollution Control Act (33 U.S.C. 1300(d)) is amended by striking paragraph (2) and redesignating paragraph (3) as paragraph (2). (b) COMMITTEE RESOLUTION PROCEDURE.—Section 220 of the Federal Water Pollution Control Act (33 U.S.C. 1300) is amended by striking subsection (e) and redesignating subsections (f) through (j) as subsections (e) through (i), respectively. (c) DEFINITIONS.—Section 220(h)(1) of the Federal Water Pollution Control Act (as redesignated by subsection (b) of this section) is amended by striking “or wastewater or by treating wastewater” and inserting “, wastewater, or stormwater or by treating wastewater or stormwater”. (d) AUTHORIZATION OF APPROPRIATIONS.—Section 220(i) of the Federal Water Pollution Control Act (as redesignated by subsection (b) of this section) is amended by striking “a total of $75,000,000 for fiscal years 2002 through 2004” and inserting “$75,000,000 for each of fiscal years 2020 through 2024”. SEC. 5. SEWER OVERFLOW AND STORMWATER REUSE MUNICIPAL GRANTS. Section 221(f)(1) of the Federal Water Pollution Control Act (33 U.S.C. 1301(f)(1)) is amended by striking “2020” and inserting “2024”. SEC. 6. STATE WATER POLLUTION CONTROL REVOLVING FUNDS. Title VI of the Federal Water Pollution Control Act (33 U.S.C. 1381 et seq.) is amended— (1) by striking section 607; (2) by redesignating section 608 as section 607; and (3) by adding at the end the following: “SEC. 608. AUTHORIZATION OF APPROPRIATIONS. “There is authorized to be appropriated to carry out this title $4,000,000,000 for each of fiscal years 2020 through 2024.”. April 8, 2019 The Honorable Grace P. Napolitano United States House of Representatives 1610 Longworth House Building Washington, DC 20515 Dear Representative Napolitano: The Orange County Sanitation District (OCSD) strongly endorses the Water Recycling Investment and Improvement Act (H.R. 1162) that you introduced into the U.S. House of Representatives. OCSD is dedicated to the development of environmentally sustainable water supply projects. H.R. 1162 represents a significant step in achieving this goal. Under H.R. 1162, the Water Infrastructure Improvements for the Nation Act (WIIN) would be renewed for an additional five years, providing $500 million in federal grants assistance. The unqualified success and the overwhelming demand for WIIN assistance illustrates that such a commitment of federal support can be readily used by local agencies in California. We are also encouraged by your decision to increase the individual project cap from $20 million to $30 million in recognition that such cap has not been adjusted since the implementation of the original program in 1990s. We also applaud your decision to revise a provision of WIIN that requires congressional approval of projects selected for funding under a competitive solicitation program. This extra step leads to needless project delays and provides no benefits. As Congress considers infrastructure legislation, we look forward to supporting your efforts to pass H.R. 1162. If OCSD can be of any assistance, please feel free to contact Rebecca Long at (714) 593-7444 or via email at rlong@ocsd.com. Sincerely, David John Shawver Board Chairman 116TH CONGRESS 1ST SESSION H. R. 1162 To establish a grant program for the funding of water recycling and reuse projects, and for other purposes. IN THE HOUSE OF REPRESENTATIVES FEBRUARY 13, 2019 Mrs. NAPOLITANO (for herself, Ms. JOHNSON of Texas, Ms. ROYBAL-ALLARD, Mr. MCNERNEY, Mr. HUFFMAN, Mr. ROUDA, Ms. BROWNLEY of California, Mr. LOWENTHAL, Mr. VELA, Mrs. TORRES of California, Mr. CARBAJAL, Ms. HILL of California, Ms. TITUS, Mr. CISNEROS, Mr. HARDER of California, Ms. ESHOO, Ms. SÁNCHEZ, and Mr. SIRES) introduced the following bill; which was referred to the Committee on Natural Resources A BILL To establish a grant program for the funding of water recycling and reuse projects, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the “Water Recycling Investment and Improvement Act”. SEC. 2. COMPETITIVE GRANT PROGRAM FOR THE FUNDING OF WATER RECYCLING AND REUSE PROJECTS. (a) COMPETITIVE GRANT PROGRAM FOR THE FUNDING OF WATER RECYCLING AND REUSE PROJECTS.—Section 1602(f) of the Reclamation Wastewater and Groundwater Study and Facilities Act (title XVI of Public Law 102–575; 43 U.S.C. 390h et seq.) is amended by striking paragraphs (2) and (3) and inserting the following: “(2) PRIORITY.—When funding projects under paragraph (1), the Secretary shall give funding priority to projects that meet one or more of the following criteria: “(A) Projects that are likely to provide a more reliable water supply for States and local governments. “(B) Projects that are likely to increase the water management flexibility and reduce impacts on environmental resources from projects operated by Federal and State agencies. “(C) Projects that are regional in nature. “(D) Projects with multiple stakeholders. “(E) Projects that provide multiple benefits, including water supply reliability, eco-system benefits, groundwater management and enhancements, and water quality improvements.”. (b) AUTHORIZATION OF APPROPRIATIONS.—Section 1602(g) of the Reclamation Wastewater and Groundwater Study and Facilities Act (title XVI of Public Law 102–575; 43 U.S.C. 390h et seq.) is amended— (1) by striking “$50,000,000” and inserting “$500,000,000”; and (2) by striking “if enacted appropriations legislation designates funding to them by name,”. (c) DURATION.—Section 4013 of the WIIN Act (43 U.S.C. 390b(2)) is amended— (1) in paragraph (1), by striking “and”; (2) in paragraph (2), by striking the period and inserting “; and”; and (3) by adding at the end the following: “(3) section 4009(c).”. (d) LIMITATION ON FUNDING.—Section 1631(d) of the Reclamation Wastewater and Groundwater Study and Facilities Act (43 U.S.C. 390h–13(d)) is amended by striking “$20,000,000 (October 1996 prices)” and inserting “$30,00,000 (January 2019 prices)”. Page 1 of 3 LEGISLATIVE AND PUBLIC AFFAIRS COMMITTEE Meeting Date 04/08/19 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: POSITION LETTERS: ASSEMBLY BILL 292, ASSEMBLY BILL 1486, AND SENATE BILL 332 GENERAL MANAGER'S RECOMMENDATION A. Approve letter of Support for Assembly Bill 292 - Potable Reuse Terminology (Quirk); B. Approve letter of Oppose Unless Amended for Senate Bill 332 - Wastewater treatment: recycled water (Hertzberg and Wiener); and C. Approve letter of Oppose Unless Amended for Assembly Bill 1486 - Local agencies: surplus land (Ting). BACKGROUND A. Assembly Bill (A.B.) 292 proposes to eliminate the terms “indirect” and “direct” from potable reuse terminology in the statute and, as proposed to be amended, make minor changes to the definition of “Treated Drinking Water Augmentation.” The terms “indirect” and “direct” only add to the confusion about potable reuse and proposed projects. The term “Direct Potable Reuse” also implies that purified recycled water is going directly into the drinking water supply, which is not the case with Raw Water Augmentation projects and can be detrimental to project understanding and public acceptance. B. Senate Bill (S.B.) 332 would require wastewater treatment agencies that discharge treated effluent to saline waters, oceans, bays, and estuaries to reduce their discharges by 50% by January 1, 2030, and by 95% by January 1, 2040. The bill would also declare that discharge from ocean outfalls is a “waste and unreasonable use” of water and impose penalties of $2,000/acre-foot of water discharged above the reduction requirement. Under its current rendition, it makes it impossible for agencies such as the Orange County Sanitation District (Sanitation District) to meet the requirements. Additionally, the baseline volume is an average annual volume of wastewater discharged through ocean outfall for calendar years 2010 through 2020. This does not take into consideration projects like the Groundwater Replenishment System, which came online in 2008, nor the regulatory restrictions on unreclaimable flows, i.e., Sari Line. Page 2 of 3 C. Assembly Bill (A.B.) 1486 requires special districts and other local agencies to offer the right of first refusal to affordable housing developers, schools, and parks before selling, leasing, or otherwise conveying their land. The new requirements in the bill are problematic for many public agencies that have valid reasons to lease or otherwise protect land they own, such as buffer land surrounding a wastewater plant or the long-term lease of cemetery district property that will be needed for future burials. 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 agencies PROBLEM If the Sanitation District does not take an active advocacy role, bills could pass that negatively affect the Sanitation District and the industry as a whole. Conversely, legislation might fail that could otherwise benefit the Sanitation District and the industry as a whole. As leaders in resource recovery, it is our job to take an active role in policy making decisions. PROPOSED SOLUTION Staff has drafted a letter of support for A.B. 292 for the Committee’s consideration. Staff has drafted letters of Oppose Unless Amended for S.B. 332 and A.B. 1486 for the Committee’s consideration. TIMING CONCERNS It is important that the Sanitation District take a position on the letters as soon as possible to ensure that the Sanitation District’s position is considered when reviewing the bills. RAMIFICATIONS OF NOT TAKING ACTION A. Assembly Bill 292 bill may not be signed into law. B. Senate Bill 332 may be signed into law. C. Assembly Bill 1486 may be signed into law. ADDITIONAL INFORMATION The following agencies have taken a position on A.B 292: • California Association of Sanitation Agencies-Support • Watereuse Association-Support Page 3 of 3 The following agencies have taken a position on S.B 332: • California Association of Sanitation Agencies- Oppose • Watereuse Association- Oppose Unless Amended • Orange County Water District-Oppose Unless Amended The following agencies have taken a position on A.B 1486: • California Special Districts Association- Oppose Unless Amended • Costa Mesa Sanitary District- Oppose Unless Amended • Santa Margarita Water District- Oppose Unless Amended • Yucaipa Valley Water District- Oppose Unless Amended • Valley Center Municipal Water District- Oppose Unless Amended • Cucamonga Valley Water District- Oppose Unless Amended • Placentia Library District- Oppose Unless Amended • Merced County Mosquito Abatement District- Oppose Unless Amended • Greenfield County Water District- Oppose Unless Amended • Indian Wells Valley Water District- Oppose Unless Amended • Tahoe City Public Utility District- Oppose Unless Amended • Three Valleys Municipal Water District- Oppose Unless Amended PRIOR COMMITTEE/BOARD ACTIONS N/A ATTACHMENTS The following attachments 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 292 • Assembly Bill 292 • Letter of Oppose Unless Amended Senate Bill 332 • Senate Bill 332 • Letter of Oppose Unless Amended for Assembly Bill 1486 • Assembly Bill 1486 April 8, 2019 The Honorable Bill Quirk California State Assembly State Capitol Room 2163 Sacramento, CA 95814 RE: Assembly Bill 292 (Quirk) Potable Reuse Terminology – Support Dear Assembly Member Quirk: On behalf of the Orange County Sanitation District (OCSD), a public agency that provides wastewater collection, treatment, and disposal services for approximately 2.6 million people in central and northwest Orange County, I am writing to thank you for introducing Assembly Bill (AB) 292. AB 292 proposes to eliminate the terms “indirect” and “direct” from potable reuse terminology in the statute and, as proposed to be amended, make minor changes to the definition of “Treated Drinking Water Augmentation.” The terms “indirect” and “direct” only add to the confusion about potable reuse and proposed projects. The term “Direct Potable Reuse” also implies that purified recycled water is going directly into the drinking water supply, which is not the case with raw water augmentation projects and can be detrimental to project understanding and acceptance. The Orange County Sanitation District and the Orange County Water District are partners in the Groundwater Replenishment System (GWRS), the world's largest advanced water purification system for potable reuse. The GWRS takes highly treated wastewater that would have normally been released into the Pacific Ocean and produces up to 100 million gallons of high-quality water every day using a three-step advanced treatment process. This is enough water to meet the needs of nearly 850,000 residents in north and central Orange County, California. For these reasons, the Orange County Sanitation District is pleased to support Assembly Bill 292. 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: Orange County Legislative Delegation AMENDED IN ASSEMBLY MARCH 6, 2019 AMENDED IN ASSEMBLY MARCH 4, 2019 california legislature—2019–20 regular session ASSEMBLY BILL No. 292 Introduced by Assembly Member Quirk January 28, 2019 An act to amend Sections 10608.12, 10633, 13263.7, 13561, 13561.2, 13570, and 13578 of the Water Code, relating to water. legislative counsel’s digest AB 292, as amended, Quirk. Recycled water: raw water and groundwater augmentation. Existing 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. Existing law defines “direct potable reuse” and “indirect potable reuse for groundwater recharge” for these purposes. 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 revise the definition of “treated drinking water augmentation.” The bill would require, on or before December 31, 2023, the state board to adopt uniform water recycling criteria for raw water augmentation. The bill would make conforming changes in other areas relating to potable reuse. Vote: majority. Appropriation: no. Fiscal committee: yes.​ State-mandated local program: no.​ 97 The people of the State of California do enact as follows: line 1 SECTION 1. Section 10608.12 of the Water Code is amended line 2 to read: line 3 10608.12. Unless the context otherwise requires, the following line 4 definitions govern the construction of this part: line 5 (a)  “Agricultural water supplier” means a water supplier, either line 6 publicly or privately owned, providing water to 10,000 or more line 7 irrigated acres, excluding recycled water. “Agricultural water line 8 supplier” includes a supplier or contractor for water, regardless of line 9 the basis of right, that distributes or sells water for ultimate resale line 10 to customers. “Agricultural water supplier” does not include the line 11 department. line 12 (b)  “Base daily per capita water use” means any of the line 13 following: line 14 (1)  The urban retail water supplier’s estimate of its average line 15 gross water use, reported in gallons per capita per day and line 16 calculated over a continuous 10-year period ending no earlier than line 17 December 31, 2004, and no later than December 31, 2010. line 18 (2)  For an urban retail water supplier that meets at least 10 line 19 percent of its 2008 measured retail water demand through recycled line 20 water that is delivered within the service area of an urban retail line 21 water supplier or its urban wholesale water supplier, the urban line 22 retail water supplier may extend the calculation described in line 23 paragraph (1) up to an additional five years to a maximum of a line 24 continuous 15-year period ending no earlier than December 31, line 25 2004, and no later than December 31, 2010. line 26 (3)  For the purposes of Section 10608.22, the urban retail water line 27 supplier’s estimate of its average gross water use, reported in line 28 gallons per capita per day and calculated over a continuous line 29 five-year period ending no earlier than December 31, 2007, and line 30 no later than December 31, 2010. line 31 (c)  “Baseline commercial, industrial, and institutional water line 32 use” means an urban retail water supplier’s base daily per capita line 33 water use for commercial, industrial, and institutional users. line 34 (d)  “CII water use” means water used by commercial water line 35 users, industrial water users, institutional water users, and large line 36 landscape water users. line 37 (e)  “Commercial water user” means a water user that provides line 38 or distributes a product or service. 97 — 2 — AB 292 line 1 (f)  “Compliance daily per capita water use” means the gross line 2 water use during the final year of the reporting period, reported in line 3 gallons per capita per day. line 4 (g)  “Disadvantaged community” means a community with an line 5 annual median household income that is less than 80 percent of line 6 the statewide annual median household income. line 7 (h)  “Gross water use” means the total volume of water, whether line 8 treated or untreated, entering the distribution system of an urban line 9 retail water supplier, excluding all of the following: line 10 (1)  Recycled water that is delivered within the service area of line 11 an urban retail water supplier or its urban wholesale water supplier. line 12 (2)  The net volume of water that the urban retail water supplier line 13 places into long-term storage. line 14 (3)  The volume of water the urban retail water supplier conveys line 15 for use by another urban water supplier. line 16 (4)  The volume of water delivered for agricultural use, except line 17 as otherwise provided in subdivision (f) of Section 10608.24. line 18 (i)  “Industrial water user” means a water user that is primarily line 19 a manufacturer or processor of materials as defined by the North line 20 American Industry Classification System code sectors 31 to 33, line 21 inclusive, or an entity that is a water user primarily engaged in line 22 research and development. line 23 (j)  “Institutional water user” means a water user dedicated to line 24 public service. This type of user includes, among other users, line 25 higher education institutions, schools, courts, churches, hospitals, line 26 government facilities, and nonprofit research institutions. line 27 (k)  “Interim urban water use target” means the midpoint between line 28 the urban retail water supplier’s base daily per capita water use line 29 and the urban retail water supplier’s urban water use target for line 30 2020. line 31 (l)  “Large landscape” means a nonresidential landscape as line 32 described in the performance measures for CII water use adopted line 33 pursuant to Section 10609.10. line 34 (m)  “Locally cost effective” means that the present value of the line 35 local benefits of implementing an agricultural efficiency water line 36 management practice is greater than or equal to the present value line 37 of the local cost of implementing that measure. line 38 (n)  “Performance measures” means actions to be taken by urban line 39 retail water suppliers that will result in increased water use line 40 efficiency by CII water users. Performance measures may include, 97 AB 292 — 3 — line 1 but are not limited to, educating CII water users on best line 2 management practices, conducting water use audits, and preparing line 3 water management plans. Performance measures do not include line 4 process water. line 5 (o)  “Potable reuse” includes raw water augmentation, treated line 6 drinking water augmentation, groundwater augmentation, or line 7 reservoir water augmentation as those terms are defined in Section line 8 13561. line 9 (p)  “Process water” means water used by industrial water users line 10 for producing a product or product content or water used for line 11 research and development. Process water includes, but is not line 12 limited to, continuous manufacturing processes, and water used line 13 for testing, cleaning, and maintaining equipment. Water used to line 14 cool machinery or buildings used in the manufacturing process or line 15 necessary to maintain product quality or chemical characteristics line 16 for product manufacturing or control rooms, data centers, line 17 laboratories, clean rooms, and other industrial facility units that line 18 are integral to the manufacturing or research and development line 19 process is process water. Water used in the manufacturing process line 20 that is necessary for complying with local, state, and federal health line 21 and safety laws, and is not incidental water, is process water. line 22 Process water does not mean incidental water uses. line 23 (q)  “Recycled water” means recycled water, as defined in line 24 subdivision (n) of Section 13050. line 25 (r)  “Regional water resources management” means sources of line 26 supply resulting from watershed-based planning for sustainable line 27 local water reliability or any of the following alternative sources line 28 of water: line 29 (1)  The capture and reuse of stormwater or rainwater. line 30 (2)  The use of recycled water. line 31 (3)  The desalination of brackish groundwater. line 32 (4)  The conjunctive use of surface water and groundwater in a line 33 manner that is consistent with the safe yield of the groundwater line 34 basin. line 35 (s)  “Reporting period” means the years for which an urban retail line 36 water supplier reports compliance with the urban water use targets. line 37 (t)  “Urban retail water supplier” means a water supplier, either line 38 publicly or privately owned, that directly provides potable line 39 municipal water to more than 3,000 end users or that supplies more 97 — 4 — AB 292 line 1 than 3,000 acre-feet of potable water annually at retail for line 2 municipal purposes. line 3 (u)  “Urban water use objective” means an estimate of aggregate line 4 efficient water use for the previous year based on adopted water line 5 use efficiency standards and local service area characteristics for line 6 that year, as described in Section 10609.20. line 7 (v)  “Urban water use target” means the urban retail water line 8 supplier’s targeted future daily per capita water use. line 9 (w)  “Urban wholesale water supplier,” means a water supplier, line 10 either publicly or privately owned, that provides more than 3,000 line 11 acre-feet of water annually at wholesale for potable municipal line 12 purposes. line 13 SEC. 2. Section 10633 of the Water Code is amended to read: line 14 10633. The plan shall provide, to the extent available, line 15 information on recycled water and its potential for use as a water line 16 source in the service area of the urban water supplier. The line 17 preparation of the plan shall be coordinated with local water, line 18 wastewater, groundwater, and planning agencies that operate within line 19 the supplier’s service area, and shall include all of the following: line 20 (a)  A description of the wastewater collection and treatment line 21 systems in the supplier’s service area, including a quantification line 22 of the amount of wastewater collected and treated and the methods line 23 of wastewater disposal. line 24 (b)  A description of the quantity of treated wastewater that meets line 25 recycled water standards, is being discharged, and is otherwise line 26 available for use in a recycled water project. line 27 (c)  A description of the recycled water currently being used in line 28 the supplier’s service area, including, but not limited to, the type, line 29 place, and quantity of use. line 30 (d)  A description and quantification of the potential uses of line 31 recycled water, including, but not limited to, agricultural irrigation, line 32 landscape irrigation, wildlife habitat enhancement, wetlands, line 33 industrial reuse, potable reuse, and other appropriate uses, and a line 34 determination with regard to the technical and economic feasibility line 35 of serving those uses. line 36 (e)  The projected use of recycled water within the supplier’s line 37 service area at the end of 5, 10, 15, and 20 years, and a description line 38 of the actual use of recycled water in comparison to uses previously line 39 projected pursuant to this subdivision. 97 AB 292 — 5 — line 1 (f)  A description of actions, including financial incentives, which line 2 may be taken to encourage the use of recycled water, and the line 3 projected results of these actions in terms of acre-feet of recycled line 4 water used per year. line 5 (g)  A plan for optimizing the use of recycled water in the line 6 supplier’s service area, including actions to facilitate the installation line 7 of dual distribution systems, to promote recirculating uses, to line 8 facilitate the increased use of treated wastewater that meets line 9 recycled water standards, and to overcome any obstacles to line 10 achieving that increased use. line 11 SEC. 3. Section 13263.7 of the Water Code is amended to read: line 12 13263.7. (a)  Compliance with effluent limitations and any line 13 other permit or waste discharge requirements, as appropriate, for line 14 the release or discharge of recycled water determined to be suitable line 15 for potable reuse, as defined in Section 13561, 10608.12, into a line 16 conveyance facility may be determined at the point where the line 17 recycled water enters the conveyance facility but prior to line 18 commingling with any raw water. line 19 (b)  Before the discharge may be allowed, consent must be line 20 obtained from the owner or operator of the conveyance facility line 21 that directly receives the recycled water. line 22 (c)  This section does not limit or restrict the authority of the line 23 state board. line 24 (d)  For purposes of this section, “raw water” means surface line 25 water or groundwater in its naturally occurring state prior to line 26 treatment. line 27 SEC. 4. Section 13561 of the Water Code is amended to read: line 28 13561. For purposes of this chapter, the following terms have line 29 the following meanings: line 30 (a)  “Department” or “state board” means the State Water line 31 Resources Control Board. line 32 (b)  “Raw water augmentation” means the planned placement line 33 of recycled water into a system of pipelines or aqueducts that line 34 deliver raw water to a drinking water treatment plant that provides line 35 water to a public water system, as defined in Section 116275 of line 36 the Health and Safety Code. line 37 (c)  “Treated drinking water augmentation,” means the planned line 38 placement of recycled water directly into a finished water line 39 distribution system of a public water system, as defined in Section line 40 116275 of the Health and Safety Code. 97 — 6 — AB 292 line 1 (d)  “Groundwater augmentation” means the planned use of line 2 recycled water for replenishment of a groundwater basin or an line 3 aquifer that has been designated as a source of water supply for a line 4 public water system, as defined in Section 116275 of the Health line 5 and Safety Code. line 6 (e)  “Reservoir water augmentation” means the planned line 7 placement of recycled water into a raw surface water reservoir line 8 used as a source of domestic drinking water supply for a public line 9 water system, as defined in Section 116275 of the Health and line 10 Safety Code, or into a constructed system conveying water to such line 11 a reservoir. line 12 (f)  “Uniform water recycling criteria” has the same meaning as line 13 in Section 13521. line 14 SEC. 5. Section 13561.2 of the Water Code is amended to read: line 15 13561.2. (a)  On or before December 31, 2023, the state board line 16 shall adopt uniform water recycling criteria for raw water line 17 augmentation. In adopting the initial uniform recycling criteria for line 18 raw water augmentation, the state board shall comply with all of line 19 the following: line 20 (1)  The state board shall develop the uniform water recycling line 21 criteria for raw water augmentation using information from the line 22 recommended research described in subdivision (b) of Section line 23 13560.5 after soliciting stakeholder input from water agencies, line 24 wastewater agencies, local public health officers, environmental line 25 organizations, environmental justice organizations, public health line 26 nongovernmental organizations, and the business community. line 27 (2)  Before adopting uniform water recycling criteria for raw line 28 water augmentation, the state board shall submit the proposed line 29 criteria to the expert review panel established pursuant to line 30 subdivision (c). The expert review panel shall review the proposed line 31 criteria and shall adopt a finding as to whether, in its expert line 32 opinion, the proposed criteria would adequately protect public line 33 health. line 34 (3)  The state board shall not adopt uniform water recycling line 35 criteria for raw water augmentation pursuant to this subdivision line 36 unless and until the expert review panel adopts a finding that the line 37 proposed criteria would adequately protect public health. line 38 (4)  If the state board finds it will be unable to adopt the uniform line 39 water recycling criteria by December 31, 2023, the state board 97 AB 292 — 7 — line 1 may, by June 30, 2023, extend the uniform water recycling criteria line 2 deadline by up to 18 months. line 3 (5)  If the state board finds that it needs longer than the deadline line 4 that has been extended pursuant to paragraph (4), the state board line 5 shall do all of the following: line 6 (A)  Post on its internet website the date by which it intends to line 7 adopt the uniform water recycling criteria. line 8 (B)  If the state board determines that the recommended research line 9 described in subdivision (b) of Section 13560.5 is insufficient, line 10 consult with the expert review panel described in subdivision (c) line 11 regarding the research and, if necessary, the need for additional line 12 scientific and technical research. The expert review panel shall line 13 also determine the scientific and technical research necessary for line 14 the state board to complete the uniform water recycling criteria, line 15 including an estimated timeframe needed to conduct the scientific line 16 and technical research. line 17 (C)  No later than June 30, 2024, post on its internet website the line 18 findings and determinations made, if any, by the expert review line 19 panel described in subdivision (c) under subparagraph (B). line 20 (b)  Nothing in this section shall prohibit the state board from line 21 using its existing authority to permit projects pursuant to Section line 22 116550 of the Health and Safety Code before the adoption of line 23 uniform recycling criteria pursuant to this section. line 24 (c)  (1)  Before adopting the initial uniform water recycling line 25 criteria for raw water augmentation, the state board shall establish line 26 and administer an expert review panel for purposes of subdivision line 27 (a) and, if the state board deems it necessary, to provide additional line 28 scientific and technological research or to recommend a source of line 29 either existing research or research to be produced on raw water line 30 augmentation. After the state board has adopted the initial uniform line 31 water recycling criteria for raw water augmentation, the state board line 32 may reconvene or reestablish the expert review panel, if the state line 33 board deems it necessary, to provide additional scientific and line 34 technological research or to recommend a source of either existing line 35 research or research to be produced on raw water augmentation. line 36 In establishing and administering an expert review panel, the state line 37 board may contract with public or nonprofit research entities. line 38 (2)  Each member of the expert review panel shall receive one line 39 hundred dollars ($100) for each day the member attends a meeting line 40 of the expert review panel or of the state board plus actual and 97 — 8 — AB 292 line 1 necessary travel expenses, including expenses for lodging and line 2 meals, and for each day the member spends conducting other line 3 official business of the expert review panel. line 4 SEC. 6. Section 13570 of the Water Code is amended to read: line 5 13570. (a)  As used in this section, “advanced purified line 6 demonstration water” means product water from an advanced water line 7 purification facility that satisfies both of the following line 8 requirements: line 9 (1)  The product water is treated by means of all of the following line 10 treatment processes: line 11 (A)  Microfiltration, ultrafiltration, or other filtration processes line 12 to remove particulates before reverse osmosis. line 13 (B)  Reverse osmosis. line 14 (C)  Advanced oxidation. line 15 (2)  The product water meets or exceeds all federal and state line 16 drinking water standards and is produced in accordance with the line 17 advanced treatment criteria for purified water specified in Section line 18 60320.201 of Title 22 of the California Code of Regulations. line 19 (b)  As used in this section, “advanced water purification facility” line 20 means a water recycling treatment plant that produces advanced line 21 purified demonstration water in accordance with the advanced line 22 treatment criteria specified in Section 60320.201 of Title 22 of the line 23 California Code of Regulations. line 24 (c)  As used in this section, “batch” means an increment of line 25 advanced purified treatment water that has completed the treatment line 26 process, is separate from incoming water, and is not receiving any line 27 additional source water. line 28 (d)  Except as expressly set forth in this section, the operator of line 29 an advanced water purification facility may cause advanced line 30 purified demonstration water to be bottled and distributed as line 31 samples for educational purposes and to promote water recycling, line 32 without complying with the requirements of Article 12 line 33 (commencing with Section 111070) of Chapter 5 of Part 5 of line 34 Division 104 of the Health and Safety Code. The volume of line 35 advanced purified demonstration water in each bottle shall not line 36 exceed eight ounces. line 37 (e)  Any operator of an advanced water purification facility line 38 seeking to bottle advanced purified demonstration water shall line 39 collect water samples from the batch prior to the commencement line 40 of the bottling process, and test that batch in accordance with 97 AB 292 — 9 — line 1 Section 111165 of the Health and Safety Code. Advanced purified line 2 demonstration water shall not be distributed unless the following line 3 requirements are met: line 4 (1)  The water meets or exceeds all federal and state drinking line 5 water standards, including all maximum contaminant levels line 6 applicable to public drinking water systems. line 7 (2)  The advanced water purification facility meets or exceeds line 8 all purification requirements imposed by regulatory agencies to line 9 produce the advanced purified demonstration water, including the line 10 removal of constituents of emerging concern where the removal line 11 is otherwise required of an advanced water purification facility. line 12 (3)  The water is produced using a treatment process that is line 13 consistent with the advanced treatment criteria for purified water line 14 specified in Section 60320.201 of Title 22 of the California Code line 15 of Regulations and, if established by the state board, in accordance line 16 with any uniform statewide water recycling criteria developed for line 17 the potable reuse of recycled water. line 18 (f)  (1)  Advanced purified demonstration water may be bottled line 19 only at a licensed water-bottling plant in compliance with Sections line 20 111070.5, 111080, 111120, 111145, and 111155 of the Health and line 21 Safety Code. line 22 (2)  Before bottling advanced purified demonstration water, an line 23 advanced water purification facility shall follow all pretreatment line 24 and labeling regulations for water bottling, including the line 25 requirements described in Section 111070.5 of the Health and line 26 Safety Code and the requirements for bottled water and vended line 27 water pursuant to Section 111080 of the Health and Safety Code. line 28 (g)  Advanced purified demonstration water shall be handled line 29 from the point of production to the completion of bottling in line 30 accordance with all regulations governing the transportation, line 31 bottling, labeling, and handling of bottled water, as defined in line 32 subdivision (a) of Section 111070 of the Health and Safety Code, line 33 including, but not limited to, subdivisions (a), (b), (f), and (h) of line 34 Section 111075 of the Health and Safety Code and Section line 35 111070.5 of the Health and Safety Code. A water-bottling plant line 36 that bottles advanced purified demonstration water in accordance line 37 with this section may also bottle potable water, subject to line 38 compliance with Article 12 (commencing with Section 111070) line 39 of Chapter 5 of Part 5 of Division 104 of the Health and Safety line 40 Code. 97 — 10 — AB 292 line 1 (h)  An advanced water purification facility shall not provide line 2 bottled advanced purified demonstration water to any person under line 3 18 years of age without the consent of that person’s parent or legal line 4 guardian. line 5 (i)  An advanced water purification facility shall not provide line 6 advanced purified demonstration water for human consumption, line 7 as defined in Section 116275 of the Health and Safety Code, line 8 including, but not limited to, in bottles, to more than 25 individuals line 9 per day for 60 or more days in a calendar year. line 10 (j)  Advanced purified demonstration water shall be bottled in line 11 nonreturnable (one-way) bottles or packages with labels containing line 12 the following information in an easily readable format that line 13 complies with all of the following: line 14 (1)  The label shall state “sample water--not for sale” and line 15 “Advanced Purified Water Sourced From Wastewater.” line 16 (2)  The label shall set forth the name, address, telephone line 17 number, and internet website of the operator of the facility line 18 producing the advanced purified demonstration water. line 19 (3)  The label shall include a brief description of the advanced line 20 purified demonstration water, including its source and the treatment line 21 processes to which the water is subjected. line 22 (k)  A single advanced water purification facility shall not cause line 23 more than 1,000 gallons of advanced purified demonstration water line 24 to be bottled in a calendar year. line 25 (l)  Advanced purified demonstration water shall not be sold or line 26 otherwise distributed in exchange for financial consideration. line 27 (m)  Any operator of an advanced water purification facility line 28 seeking to bottle advanced purified demonstration water shall line 29 establish a collection and recycling program for distributed bottles. line 30 (n)  The operator of an advanced water purification facility that line 31 is bottling advanced purified demonstration water shall do all of line 32 the following: line 33 (1)  Maintain a daily record of the number of individuals to line 34 whom advanced purified demonstration water is distributed, served, line 35 made available, or otherwise provided, including, but not limited line 36 to, from a bottle. line 37 (2)  Compile a report of all daily records described in paragraph line 38 (1) for each calendar year. line 39 (3)  Certify under penalty of perjury that the report is accurate. 97 AB 292 — 11 — line 1 (4)  Provide the report within 45 days of the end of the calendar line 2 year for which the report was made to the deputy director of the line 3 Division of Drinking Water of the State Water Resources Control line 4 Board. line 5 (o)  This section does not exempt an advanced water purification line 6 facility from any standard for bottling water imposed pursuant to line 7 federal law. line 8 SEC. 7. Section 13578 of the Water Code is amended to read: line 9 13578. (a)  In order to achieve the statewide goal for recycled line 10 water use established in Section 13577 and to implement the line 11 Governor’s Advisory Drought Planning Panel Critical Water line 12 Shortage Contingency Plan recommendations, Section F2, as line 13 submitted December 29, 2000, the department shall identify and line 14 report to the Legislature on opportunities for increasing the use of line 15 recycled water, as defined in paragraph (3) of subdivision (b) of line 16 Section 13575, and identify constraints and impediments, including line 17 the level of state financial assistance available for project line 18 construction, to increasing the use of recycled water. line 19 (b)  The department shall convene a task force, to be known as line 20 the 2002 Recycled Water Task Force, to advise the department in line 21 implementation of subdivision (a), including making line 22 recommendations to the Legislature regarding the following: line 23 (1)  How to further the use of recycled water in industrial and line 24 commercial applications, including, but not limited to, those line 25 applications set forth in Section 13552.8. The task force shall line 26 evaluate the current regulatory framework of state and local rules, line 27 regulations, ordinances, and permits to identify the obstacles and line 28 disincentives to industrial and commercial reuse. Issues to be line 29 investigated include, but are not limited to, applicability of visual line 30 inspections instead of pressure tests for cross-connections between line 31 potable and nonpotable water systems, dual piping trenching line 32 restrictions, fire suppression system design, and backflow line 33 protections. line 34 (2)  Changes in the Uniform Plumbing Code, published by the line 35 International Association of Plumbing and Mechanical Officials, line 36 that are appropriate to facilitate the use of recycled water in line 37 industrial and commercial settings. The department shall make line 38 recommendations to the California Building Standards Commission line 39 with regard to suggested revisions to the California Plumbing Code line 40 necessary to incorporate the changes identified by the task force. 97 — 12 — AB 292 line 1 (3)  Changes in state statutes or the current regulatory framework line 2 of state and local rules, regulations, ordinances, and permits line 3 appropriate to increase the use of recycled water for commercial line 4 laundries and toilet and urinal flushing in structures including, but line 5 not limited to, those defined in subdivision (c) of Section 13553. line 6 The department shall identify financial incentives to help offset line 7 the cost of retrofitting privately and publicly owned structures. line 8 (4)  The need to reconvene the California Potable Reuse line 9 Committee established by the department in 1993 or convene a line 10 successor committee to update the committee’s finding that planned line 11 potable reuse of recycled water by augmentation of surface water line 12 supplies would not adversely affect drinking water quality if certain line 13 conditions were met. line 14 (5)  The need to augment state water supplies using water use line 15 efficiency strategies identified in the CALFED Bay-Delta Program. line 16 In its report pursuant to subdivision (a), the department shall line 17 identify ways to coordinate with CALFED to assist local line 18 communities in educating the public with regard to the statewide line 19 water supply benefits of local recycling projects and the level of line 20 public health protection ensured by compliance with the uniform line 21 statewide water recycling criteria developed by the State line 22 Department of Public Health in accordance with Section 13521. line 23 (6)  Impediments or constraints, other than water rights, related line 24 to increasing the use of recycled water in applications for line 25 agricultural, environmental, or irrigation uses, as determined by line 26 the department. line 27 (c)  (1)  The task force shall be convened by the department and line 28 be comprised of one representative from each of the following line 29 state agencies: line 30 (A)  The department. line 31 (B)  The State Department of Public Health. line 32 (C)  The state board. line 33 (D)  The California Environmental Protection Agency. line 34 (E)  The CALFED Bay-Delta Program. line 35 (F)  The Department of Food and Agriculture. line 36 (G)  The California Building Standards Commission. line 37 (H)  The University of California. line 38 (I)  The Natural Resources Agency. line 39 (2)  The task force shall also include one representative from a line 40 recognized environmental advocacy group and one representative 97 AB 292 — 13 — line 1 from a consumer advocacy group, as determined by the department, line 2 and one representative of local agency health officers, one line 3 representative of urban water wholesalers, one representative from line 4 a groundwater management entity, one representative of water line 5 districts, one representative from a nonprofit association of public line 6 and private members created to further the use of recycled water, line 7 one representative of commercial real estate, one representative line 8 of land development, one representative of industrial interests, and line 9 at least two representatives from each of the following as defined line 10 in Section 13575: line 11 (A)  Recycled water producer. line 12 (B)  Recycled water wholesaler. line 13 (C)  Retail water supplier. line 14 (d)  The department and the task force shall report to the line 15 Legislature not later than July 1, 2003. line 16 (e)  The department shall carry out the duties of this section only line 17 to the extent that funds pursuant to Section 79145, enacted as part line 18 of the Safe Drinking Water, Clean Water, Watershed Protection, line 19 and Flood Protection Act (Division 26 (commencing with Section line 20 79000)), are made available for the purposes of this section. O 97 — 14 — AB 292 April 8, 2019 The Honorable Ben Allen, Chair Senate Environmental Quality Committee State Capitol, Room 2205 Sacramento, CA 95814 RE: SB 332 (Hertzberg and Wiener) Wastewater treatment: recycled water – Oppose Unless Amended Dear Senator Allen: The Orange County Sanitation District (OCSD, Sanitation District) is writing to state our opposition unless amended to Senate Bill (SB) 332 (Hertzberg and Wiener). As introduced, SB 332 would require wastewater treatment agencies to reduce their treated effluent discharges to saline waters by 50% by January 1, 2030, and by 95% by January 1, 2040. The bill would also impose penalties of $2,000/acre-foot of water discharged above the reduction requirement. The Sanitation District supports the goal of maximizing recycled water for beneficial reuse in California. In fact, the Sanitation District and the Orange County Water District are partners in the Groundwater Replenishment System (GWRS), the world's largest advanced water purification system for potable reuse. The Sanitation District agrees with the intent of this bill but encourages the author to first provide a method and framework that will assist underdeveloped wastewater agencies to adopt best practices in order to maximize the amount of water recycled. We believe that while the goal of increasing water recycling in California is important, a mandate on every ocean and bay discharger in the state is simply unworkable. The regional variations in demand, coupled with vastly different recharge and reuse options, pose significant challenges for all agencies to meet the proposed discharge reductions in SB 332. In fact, the way this bill is currently drafted, the Orange County Sanitation District would not be able to comply. For these reasons, the Orange County Sanitation District must respectfully oppose SB 332 unless amended. We appreciate the author’s focus to ensure that our water resources are put to the highest beneficial use and look forward to working with the author on how this legislation can be amended to provide a framework for all wastewater agencies, regardless of size, to maximize the amount of water recycled. We believe that the development of a framework, instead of an unrealistic mandate, will move our State and the wastewater industry forward in a productive manner. 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. Thank you for your consideration of our concerns. Sincerely, David John Shawver Board Chairman SENATE BILL No. 332 Introduced by Senators Hertzberg and Wiener February 19, 2019 An act to add Section 13557.5 to the Water Code, relating to water. legislative counsel’s digest SB 332, as introduced, Hertzberg. Wastewater treatment: recycled water. The California Constitution requires that the water resources of the state be put to beneficial use to the fullest extent of which they are capable and that the waste or unreasonable use or unreasonable method of use of water be prevented. Existing law declares that the use of potable domestic water for certain nonpotable uses is a waste or an unreasonable use of water if recycled water is available, as determined by the State Water Resources Control Board, and other requirements are met. Under existing law, the state board and the 9 California regional water quality control boards prescribe waste discharge requirements in accordance with the federal national pollutant discharge elimination system (NPDES) permit program established by the federal Clean Water Act and the Porter-Cologne Water Quality Control Act. This bill 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 99 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. The bill would require a holder of a NPDES permit authorizing the discharge of wastewater through an ocean outfall and affiliated water suppliers to submit and update a plan to meet these requirements to the executive director of the state board, as specified. The bill would also require this NPDES permitholder and affiliated water suppliers to submit on or before January 1, 2024, and by January 1 every 5 years thereafter, to the executive director of the state board a certain report containing, among other things, the progress toward meeting the reduction in annual flow deadlines. The bill would subject a permitholder and affiliated water suppliers to a penalty of up to $10,000 for failing to submit a report by its deadline. The bill would require the state board to submit a report to the Governor and the Legislature on or before July 1, 2025, and by July 1 every 5 years thereafter, on the implementation of these provisions. The bill would make a permitholder and affiliated water suppliers that fail to timely submit a report ineligible for a state loan or grant until the delinquent report has been submitted. Vote: majority. Appropriation: no. Fiscal committee: yes.​ State-mandated local program: no.​ The people of the State of California do enact as follows: line 1 SECTION 1. The Legislature finds and declares all of the line 2 following: line 3 (a)  Severe drought conditions persisted in California from 2012 line 4 to 2016, inclusive, and 2015 was the state’s driest calendar year line 5 on record. line 6 (b)  During the drought lasting from 2012 to 2016, inclusive, line 7 California’s water supplies dipped to alarmingly low levels line 8 indicated by a very limited snowpack in the Sierra Nevada line 9 Mountains, declining water levels in the state’s largest water line 10 reservoirs, reduced surface water flows in major river systems, line 11 and historically low groundwater levels. Many of these water line 12 supplies continue to be severely depleted following the drought line 13 lasting from 2012 to 2016, inclusive. line 14 (c)  Based on the projected impact of climate change on line 15 California’s snowpack, extremely dry conditions and drought 99 — 2 — SB 332 line 1 similar to those experienced in 2012 to 2016, inclusive, will likely line 2 become more common and occur more regularly in the future. line 3 (d)  Continuous severe drought conditions present urgent line 4 challenges across the state, including, but not limited to, water line 5 shortages in communities and for agricultural production, increased line 6 risk of wildfires, degraded habitat for fish and wildlife, and threat line 7 of saltwater contamination in large fresh water supplies. line 8 (e)  Water reuse is one of the most efficient and cost-effective line 9 ways to improve drought resilience in California communities. line 10 (f)  The State Water Resources Control Board has established line 11 goals of recycling 1,500,000 acre-feet of wastewater by 2020 and line 12 2,500,000 acre-feet of wastewater by 2030, however, California line 13 is not on track to meet the board’s goals. line 14 (g)  The State Water Resources Control Board has established line 15 a goal to reuse all dry weather discharges of treated municipal line 16 wastewater that can be reasonably put to a beneficial use. line 17 (h)  The discharge of treated wastewater from ocean outfalls line 18 constitutes the waste and unreasonable use of water within the line 19 meaning of Section 2 of Article X of the California Constitution, line 20 considering the opportunities to recycle this water for further line 21 beneficial use. line 22 (i)  By requiring substantial reductions in ocean discharges from line 23 wastewater treatment plants, California could dramatically line 24 accelerate the adoption of water recycling and thus increase water line 25 supplies available for beneficial use. line 26 (j)  Water recycling can reduce California’s dependence on line 27 diversions from surface rivers and streams that are subject to line 28 variable climate and regulatory conditions. line 29 (k)  In addition to water supply benefits, requiring water line 30 recycling for further beneficial use eliminates ocean wastewater line 31 discharges, decreasing pollutant loadings to ocean waters and line 32 reducing ocean acidification, thereby improving coastal water line 33 quality and benefiting the aquatic environment and local economies line 34 that depend on those coastal resources. line 35 SEC. 2. Section 13557.5 is added to the Water Code, to read: line 36 13557.5. (a)  The Legislature hereby finds and declares that line 37 the discharge of treated wastewater from ocean outfalls, except in line 38 compliance with the provisions of this section, is a waste and line 39 unreasonable use of water within the meaning of Section 2 of line 40 Article X of the California Constitution. 99 SB 332 — 3 — line 1 (b)  As used in this section, the following terms have the line 2 following meanings: line 3 (1)  “Affiliated water suppliers” means all water suppliers that line 4 provide water that is disposed of in the collection system of a line 5 particular wastewater treatment facility that discharges through an line 6 ocean outfall. line 7 (2)  “Average annual wastewater discharge baseline volume” line 8 means the average annual volume of treated waste water line 9 discharging through a facility’s ocean outfall as determined by the line 10 state board using monitoring data available for calendar years 2010 line 11 to 2020, inclusive. line 12 (3)  “Ocean outfall” means a point source at the point where line 13 raw, partially treated, or treated wastewater may be discharged line 14 from a wastewater treatment facility or associated collection system line 15 to saline waters, including the ocean, bays, and estuaries. line 16 (4)  “Point source” has the meaning provided by Section 122.2 line 17 of Title 40 of the Code of Federal Regulations. line 18 (c)  Each wastewater treatment facility that discharges through line 19 an ocean outfall and affiliated water suppliers shall reduce the line 20 overall volume of the facility’s annual flow, as follows, as line 21 compared to the average annual wastewater discharge baseline line 22 volume, by treating the water to be beneficially reused or by line 23 reducing inflow through water conservation and efficiency line 24 measures: line 25 (1)  By January 1, 2030, by at least 50 percent. line 26 (2)  By January 1, 2040, by at least 95 percent. line 27 (d)  (1)  Each holder of a national pollutant discharge elimination line 28 system (NPDES) permit authorizing the discharge of wastewater line 29 through an ocean outfall as of January 1, 2020, in conjunction with line 30 affiliated water suppliers, shall submit to the executive director of line 31 the state board, on or before July 1, 2022, a plan to meet the line 32 requirements of this section, directly or by contract. The plan shall line 33 contain all of the following: line 34 (A)  An identification of all land acquisition and facilities line 35 necessary to provide for treatment, transport, and reuse of treated line 36 wastewater. line 37 (B)  Identification and projection of all wastewater reductions line 38 due to implementation of conservation and efficiency measures in line 39 the facilities service area. 99 — 4 — SB 332 line 1 (C)  An analysis of the costs to meet the requirements of this line 2 section. line 3 (D)  A financing plan for meeting the requirements of this line 4 section, including identifying any actions necessary to implement line 5 the financing plan, such as bond issuance or other borrowing, line 6 assessments, rate increases, fees, charges, or other financing line 7 mechanisms. line 8 (E)  A detailed schedule for the completion of all necessary line 9 actions. line 10 (F)  Supporting data and other documentation accompanying line 11 the plan. line 12 (2)  On or before January 1, 2026, each holder of a NPDES line 13 permit authorizing the discharge of wastewater through an ocean line 14 outfall and affiliated water suppliers, shall update and submit to line 15 the executive director a plan, as described in paragraph (1), to line 16 include any refinements or changes in the costs, actions, or line 17 financing necessary to achieve the requirements of this section or line 18 a written statement that the plan is current and accurate. line 19 (e)  On or before January 1, 2024, and every January 1 every line 20 five years thereafter, the holder of a NPDES permit authorizing line 21 the discharge of wastewater through an ocean outfall, in line 22 conjunction with affiliated water suppliers, shall submit to the line 23 executive director of the state board a report summarizing the line 24 actions accomplished to date and the actions remaining and line 25 proposed to meet the requirements of this section. The report shall line 26 include progress toward meeting the deadlines set forth in line 27 subdivisions (c) and (d) and specifically include the detailed line 28 schedule for, and status of, the following: line 29 (1)  Evaluation of reuse and disposal options. line 30 (2)  Preparation of preliminary design reports. line 31 (3)  Preparation and submission of permit applications. line 32 (4)  Construction initiation. line 33 (5)  Construction progress milestones. line 34 (6)  Construction completion. line 35 (7)  Initiation of operation. line 36 (8)  Continuing operation and maintenance. line 37 (f)  (1)  On or before July 1, 2025, and by July 1 every five years line 38 thereafter, the state board shall submit a report to the Governor line 39 and the Legislature on the implementation of this section. The line 40 report shall summarize the progress to date, including, but not 99 SB 332 — 5 — line 1 limited to, the increased amount of reclaimed water provided and line 2 potable water offsets achieved, and shall identify any obstacles to line 3 continued progress, including all instances of substantial line 4 noncompliance. line 5 (2)  A report to be submitted pursuant to paragraph (1) shall be line 6 submitted in compliance with Section 9795 of the Government line 7 Code. line 8 (g)  (1)  Failure to meet the deadlines in subdivision (c) shall line 9 subject the owner or operator of the wastewater treatment facility, line 10 as well as affiliated water suppliers, to a penalty of two thousand line 11 dollars ($2,000) per acre-foot of water above the required reduction line 12 in overall volume discharged. line 13 (2)  The failure of an NPDES permitholder and affiliated water line 14 suppliers to submit a report required pursuant to subdivision (d) line 15 or (e) by the report’s deadline shall result in a penalty of up to ten line 16 thousand dollars ($10,000). line 17 (3)  Moneys collected from the civil penalties levied pursuant line 18 to this subdivision shall be available, upon appropriation by the line 19 Legislature. line 20 (h)  The failure of an NPDES permitholder and affiliated water line 21 suppliers to submit a report required pursuant to subdivision (d) line 22 or (e) shall make the permitholder and suppliers ineligible for a line 23 state loan or grant until the delinquent report has been submitted. O 99 — 6 — SB 332 April 8, 2019 The Honorable Phil Ting California State Assembly State Capitol Room 6026 Sacramento, CA 95814 RE: AB 1486 (Ting) Local agencies: surplus land – Oppose Unless Amended Dear Assembly Member Ting: The Orange County Sanitation District (OCSD) provides wastewater collection, treatment, and recycling for approximately 2.6 million people in central and northwest Orange County. OCSD is respectfully opposed to Assembly Bill (AB) 1486 unless it is amended to address our concerns. AB 1486 requires special districts and other local agencies to offer the right of first refusal to affordable housing developers, schools, and parks before selling, leasing, or otherwise conveying their land. The new requirements in the bill are problematic for many public agencies that have valid reasons to lease or otherwise protect land they own, such as buffer land surrounding a wastewater plant, or the long-term lease of property that will be needed for future infrastructure. In addition, the bill imposes onerous and unnecessary requirements on the surplus property process, such as the requirement that agencies send a notice of availability before the start of negotiations, and the requirement that negotiations be limited to sale price and lease terms. We respectfully request AB 1486 be amended to (1) limit the scope of the bill to the sale of surplus land and not include property to be leased; (2) eliminate the prohibition on negotiations before an agency has sent a notice of availability; and (3) eliminate the restriction on negotiations to sale price and lease terms only. Our opposition is not a challenge to the need for affordable housing, but a validation of the need for flexibility when it comes to proper governmental land use management. For these reasons, the Orange County Sanitation District respectfully opposes AB 1486 unless it is amended. 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: Orange County Legislative Delegation Rylan Gervase, Legislative Representative, California Special Districts Association [rylang@csda.net] california legislature—2019–20 regular session ASSEMBLY BILL No. 1486 Introduced by Assembly Member Ting February 22, 2019 An act to amend Sections 54220, 54221, 54222, 54223, 54225, 54226, 54227, 54230.5, and 54233 of the Government Code, relating to local government. legislative counsel’s digest AB 1486, as introduced, Ting. Local agencies: surplus land. (1)  Existing law prescribes requirements for the disposal of surplus land by a local agency. Existing law defines “local agency” for these purposes as every city, county, city and county, and district, including school districts of any kind or class, empowered to acquire and hold real property. Existing law defines “surplus land” for these purposes as land owned by any local agency that is determined to be no longer necessary for the agency’s use, except property being held by the agency for the purpose of exchange. This bill would expand the definition of “local agency” to include sewer, water, utility, and local and regional park districts, joint powers authorities, successor agencies to former redevelopment agencies, housing authorities, and other political subdivisions of this state and any instrumentality thereof that is empowered to acquire and hold real property, thereby requiring these entities to comply with these requirements for the disposal of surplus land. The bill would revise the definition of “surplus land” to mean land owned by any local agency that is not necessary for the agency’s governmental operations, except property being held by the agency expressly for the purpose of exchange for another property necessary for its governmental operations and 99 would provide that land is presumed to be surplus land when a local agency initiates an action to dispose of it. The bill would also define the term “dispose of” for these purposes as the sale, lease, transfer, or other conveyance of any interest in real property owned by a local agency. The bill would recast various provisions referring to the sale or lease of surplus land to instead refer to the disposal of surplus land. The bill would also delete certain obsolete references and make related conforming changes. (2)  Existing law requires a local agency disposing of surplus land to send, prior to disposing of that property, a written offer to sell or lease the property to specified entities. Existing law requires that a local agency, upon a written request, send a written offer to sell or lease surplus land to a housing sponsor, as defined, for the purpose of developing low- and moderate-income housing. Existing law also requires the local agency to send a written offer to sell or lease surplus land for the purpose of developing property located within an infill opportunity zone, designated as provided, to, among others, a community redevelopment agency. This bill would instead require the local agency disposing of surplus land to send, prior to disposing of that property or participating in any formal or informal negotiations to dispose of that property, a written notice of availability. The bill would make various related conforming changes. With regards to a housing sponsor, the bill would require that the written notice of availability be sent if the housing sponsor has notified the applicable regional council of governments or, in the case of a local agency without a council of governments, the Department of Housing and Community Development of its interest in the land, rather than upon written request. With regards to surplus land to be used for the purpose of developing property located within an infill opportunity zone, as described above, the bill would instead require that the written notice of availability be sent to a successor agency to a former redevelopment agency. (3)  After the disposing agency has received a notice from an entity desiring to purchase or lease the land, existing law requires the disposing agency to enter into good faith negotiations to determine a mutually satisfactory sales price or lease terms. This bill would limit negotiations to sales price and lease terms, including the amount and timing of any payments. (4)  If the local agency receives offers from more than one entity that agrees to meet specified requirements related to the provision of 99 — 2 — AB 1486 affordable housing on the surplus land, existing law requires the local agency to give priority to the entity that proposes to provide the greatest number of units that meet those requirements. Notwithstanding that requirement, existing law requires the local agency to give first priority to an entity in specified circumstances. This bill would define “priority” for these purposes as meaning that the local agency negotiates in good faith exclusively with the entity pursuant to specified requirements. In the event that more than one entity proposes the same number of units that meet the above-described affordable housing requirements, this bill would require that priority be given to the entity that proposes the deepest average level of affordability for the affordable units. (5)  Under existing law, failure by a local agency to comply with these requirements for the disposal of surplus land does not invalidate the transfer or conveyance of real property to a purchaser or encumbrancer of value. This bill, in the event of failure to comply, would provide that certain requirements, described below, relating to the use of units developed on the parcel for affordable housing purposes would apply. (6)  If a local agency does not agree to price and terms with an entity to which notice and an opportunity to purchase or lease are given and disposes of the surplus land to an entity that uses the property for the development of 10 or more residential units, existing law requires the purchasing entity or a successor in interest to provide not less than 15% of the total number of units developed on the parcels at an affordable housing cost or affordable rent to lower income households. This bill would revise this requirement to apply if the local agency does not agree to price and terms with an entity to which notice of availability of land was given, or if no entity to which a notice of availability was given responds to that notice, and 10 or more residential units are developed on the property. (7)  Existing law makes various findings and declarations as to the need for affordable housing and the use of surplus government land for that purpose. This bill would revise these findings. This bill would express the intent of the Legislature to enact legislation that addresses the need for affordable housing by utilizing surplus land within the state, as specified. (8)  By adding to the duties of local officials with respect to the disposal of surplus land, and expanding the scope of local agencies 99 AB 1486 — 3 — subject to the bill’s requirements, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above. Vote: majority. Appropriation: no. Fiscal committee: yes.​ State-mandated local program: yes.​ The people of the State of California do enact as follows: line 1 SECTION 1. Section 54220 of the Government Code is line 2 amended to read: line 3 54220. (a)  The Legislature reaffirms its declaration that line 4 housing is of vital statewide importance to the health, safety, and line 5 welfare of the residents of this state and that provision of a decent line 6 home and a suitable living environment for every Californian is a line 7 priority of the highest order. The Legislature further declares that line 8 there is a shortage of sites available for housing for persons and line 9 families of low and moderate income is a barrier to addressing line 10 urgent statewide housing needs and that surplus government land, line 11 prior to disposition, should be made available for that purpose. line 12 (b)  The Legislature reaffirms its belief that there is an line 13 identifiable deficiency in the amount of land available for line 14 recreational purposes and that surplus land, prior to disposition, line 15 should be made available for park and recreation purposes or for line 16 open-space purposes. This article shall not apply to surplus line 17 residential property as defined in Section 54236. line 18 (c)  The Legislature reaffirms its declaration of the importance line 19 of appropriate planning and development near transit stations, to line 20 encourage the clustering of housing and commercial development line 21 around such stations. Studies of transit ridership in California line 22 indicate that a higher percentage of persons who live or work line 23 within walking distance of major transit stations utilize the transit line 24 system more than those living elsewhere, and that lower income line 25 households are more likely to use transit when living near a major line 26 transit station than higher income households. The sale or lease of 99 — 4 — AB 1486 line 1 surplus land at less than fair market value to facilitate the creation line 2 of affordable housing near transit is consistent with goals and line 3 objectives to achieve optimal transportation use. The Legislature line 4 also notes that the Federal Transit Administration gives priority line 5 for funding of rail transit proposals to areas that are implementing line 6 higher-density, mixed-use, and affordable development near major line 7 transit stations. line 8 SEC. 2. Section 54221 of the Government Code is amended line 9 to read: line 10 54221. (a)  As used in this article, the term “local following line 11 definitions shall apply: line 12 (a)  “Local agency” means every city, whether organized under line 13 general law or by charter, county, city and county, and district, line 14 including school school, sewer, water, utility, and local and line 15 regional park districts of any kind or class, joint powers authority, line 16 successor agency to a former redevelopment agency, housing line 17 authority, or other political subdivision of this state and any line 18 instrumentality thereof that is empowered to acquire and hold real line 19 property. line 20 (b)  As used in this article, the term “surplus line 21 (b)  “Surplus land” means land owned by any local agency, that line 22 is determined to be no longer not necessary for the agency’s use, line 23 governmental operations, except property being held by the agency line 24 expressly for the purpose of exchange. exchange for another line 25 property necessary for its governmental operations. Land shall be line 26 presumed to be “surplus land” when a local agency initiates an line 27 action to dispose of it. line 28 (c)  As used in this article, the term “open-space line 29 (c)  “Open-space purposes” means the use of land for public line 30 recreation, enjoyment of scenic beauty, or conservation or use of line 31 natural resources. line 32 (d)  As used in this article, the term “persons line 33 (d)  “Persons and families of low or moderate income” means line 34 the same as provided under Section 50093 of the Health and Safety line 35 Code. line 36 (e)  As used in this article, the term “exempt line 37 (e)  (1)  Except as provided in paragraph (2), “exempt surplus line 38 land” means either of the following: line 39 (1) line 40 (A)  Surplus land that is transferred pursuant to Section 25539.4. 99 AB 1486 — 5 — line 1 (2) line 2 (B)  Surplus land that is (A) (i) less than 5,000 square feet in line 3 area, (B) (ii) less than the minimum legal residential building lot line 4 size for the jurisdiction in which the parcel is located, or 5,000 line 5 square feet in area, whichever is less, or (C) (iii) has no record line 6 access and is less than 10,000 square feet in area; and is not line 7 contiguous to land owned by a state or local agency that is used line 8 for park, recreational, open-space, or low- and moderate-income line 9 housing purposes and is located neither within an enterprise zone line 10 pursuant to Section 7073 nor a designated program area as defined line 11 in Section 7082. purposes. If the surplus land is not sold to an line 12 owner of contiguous land, it is not considered exempt surplus land line 13 and is subject to this article. line 14 (f) line 15 (2)  Notwithstanding subdivision (e), paragraph (1), the line 16 following properties are not considered exempt surplus land and line 17 are subject to this article: line 18 (1) line 19 (A)  Lands within the coastal zone. line 20 (2) line 21 (B)  Lands within 1,000 yards of a historical unit of the State line 22 Parks System. line 23 (3) line 24 (C)  Lands within 1,000 yards of any property that has been line 25 listed on, or determined by the State Office of Historic Preservation line 26 to be eligible for, the National Register of Historic Places. line 27 (4) line 28 (D)  Lands within the Lake Tahoe region as defined in Section line 29 66905.5. line 30 (f)  “Dispose of” shall mean sell, lease, transfer, or otherwise line 31 convey any interest in real property owned by a local agency. line 32 SEC. 3. Section 54222 of the Government Code is amended line 33 to read: line 34 54222. Any local agency disposing of surplus land shall send, line 35 prior to disposing of that property or participating in any formal line 36 or informal negotiations to dispose of that property, a written offer line 37 to sell or lease the property as follows: notice of availability of the line 38 property to all of the following entities: line 39 (a)  A written offer to sell or lease notice of availability for the line 40 purpose of developing low- and moderate-income housing shall 99 — 6 — AB 1486 line 1 be sent to any local public entity, as defined in Section 50079 of line 2 the Health and Safety Code, within whose jurisdiction the surplus line 3 land is located. Housing sponsors, as defined by Section 50074 of line 4 the Health and Safety Code, shall be sent, upon written request, a line 5 written offer to sell or lease that have notified the applicable line 6 regional council of governments or, in the case of a local agency line 7 without a council of governments, the Department of Housing and line 8 Community Development, of their interest in surplus land shall be line 9 sent a written notice of availability of surplus land for the purpose line 10 of developing low- and moderate-income housing. All notices line 11 shall be sent by first-class mail and, if possible, by electronic mail, line 12 and shall include the location and a description of the property. line 13 With respect to any offer to purchase or lease pursuant to this line 14 subdivision, priority shall be given to development of the land to line 15 provide affordable housing for lower income elderly or disabled line 16 persons or households, and other lower income households. line 17 (b)  A written offer to sell or lease notice of availability for park line 18 and recreational purposes or open-space purposes shall be sent: line 19 (1)  To any park or recreation department of any city within line 20 which the land may be situated. line 21 (2)  To any park or recreation department of the county within line 22 which the land is situated. line 23 (3)  To any regional park authority having jurisdiction within line 24 the area in which the land is situated. line 25 (4)  To the State Resources Agency or any agency that may line 26 succeed to its powers. line 27 (c)  A written offer to sell or lease notice of availability of land line 28 suitable for school facilities construction or use by a school district line 29 for open-space purposes shall be sent to any school district in line 30 whose jurisdiction the land is located. line 31 (d)  A written offer to sell or lease for enterprise zone purposes line 32 any surplus property in an area designated as an enterprise zone line 33 pursuant to Section 7073 shall be sent to the nonprofit line 34 neighborhood enterprise association corporation in that zone. line 35 (e) line 36 (d)  A written offer to sell or lease notice of availability for the line 37 purpose of developing property located within an infill opportunity line 38 zone designated pursuant to Section 65088.4 or within an area line 39 covered by a transit village plan adopted pursuant to the Transit line 40 Village Development Planning Act of 1994 (Article 8.5 99 AB 1486 — 7 — line 1 (commencing with Section 65460) of Chapter 3 of Division 1 of line 2 Title 7) shall be sent to any county, city, city and county, line 3 community successor agency to a former redevelopment agency, line 4 public transportation agency, or housing authority within whose line 5 jurisdiction the surplus land is located. line 6 (f) line 7 (e)  The entity or association desiring to purchase or lease the line 8 surplus land for any of the purposes authorized by this section line 9 shall notify in writing the disposing agency of its intent to purchase line 10 or lease interest in purchasing or leasing the land within 60 days line 11 after receipt of the agency’s notification of intent to sell notice of line 12 availability of the land. line 13 SEC. 4. Section 54223 of the Government Code is amended line 14 to read: line 15 54223. After the disposing agency has received notice from line 16 the entity desiring to purchase or lease the land, land on terms that line 17 comply with this article, the disposing agency and the entity shall line 18 enter into good faith negotiations to determine a mutually line 19 satisfactory sales price or lease terms. If the price or terms cannot line 20 be agreed upon after a good faith negotiation period of not less line 21 than 90 days, the land may be disposed of without further regard line 22 to this article, except that Section 54233 shall apply. Negotiations line 23 shall be limited to sales price and lease terms, including the amount line 24 and timing of any payments. line 25 SEC. 5. Section 54225 of the Government Code is amended line 26 to read: line 27 54225. Any public agency selling disposing of surplus land to line 28 an entity described in Section 54222 for park or recreation line 29 purposes, for open-space purposes, for school purposes, or for line 30 low- and moderate- income moderate-income housing purposes line 31 may provide for a payment period of up to 20 years in any contract line 32 of sale or sale by trust deed for the land. The payment period for line 33 surplus land sold disposed of for housing for persons and families line 34 of low and moderate income may exceed 20 years, but the payment line 35 period shall not exceed the term that the land is required to be used line 36 for low- or moderate-income housing. line 37 SEC. 6. Section 54226 of the Government Code is amended line 38 to read: line 39 54226. This article shall not be interpreted to limit the power line 40 of any local agency to sell or lease dispose of surplus land at fair 99 — 8 — AB 1486 line 1 market value or at less than fair market value, and any such sale line 2 or lease disposal at or less than fair market value consistent with line 3 this article shall not be construed as inconsistent with an agency’s line 4 purpose. No provision of this article shall be applied when it line 5 conflicts with any other provision of statutory law. line 6 SEC. 7. Section 54227 of the Government Code is amended line 7 to read: line 8 54227. (a)  In the event that any local agency disposing of line 9 surplus land receives offers for the purchase or lease of that land line 10 from more than one of the entities to which notice and an line 11 opportunity to purchase or lease shall be given pursuant to this line 12 article, the local agency shall give first priority to the entity that line 13 agrees to use the site for housing that meets the requirements of line 14 Section 54222.5. If the local agency receives offers from more line 15 than one entity that agrees to meet the requirements of Section line 16 54222.5, then the local agency shall give priority to the entity that line 17 proposes to provide the greatest number of units that meet the line 18 requirements of Section 54222.5 at the deepest level of line 19 affordability. 54222.5. In the event that more than one entity line 20 proposes the same number of units that meet the requirements of line 21 Section 54222.5, priority shall be given to the entity that proposes line 22 the deepest average level of affordability for the affordable units. line 23 (b)  Notwithstanding subdivision (a), first priority shall be given line 24 to an entity that agrees to use the site for park or recreational line 25 purposes if the land being offered is already being used and will line 26 continue to be used for park or recreational purposes, or if the land line 27 is designated for park and recreational use in the local general plan line 28 and will be developed for that purpose. line 29 (c)  For purposes of this section, “priority” means that the local line 30 agency shall negotiate in good faith exclusively with the entity in line 31 accordance with Section 54223. line 32 SEC. 8. Section 54230.5 of the Government Code is amended line 33 to read: line 34 54230.5. The failure by a local agency to comply with this line 35 article shall not invalidate the transfer or conveyance of real line 36 property to a purchaser or encumbrancer for value. value; however, line 37 Section 54233 shall still apply. line 38 SEC. 9. Section 54233 of the Government Code is amended line 39 to read: 99 AB 1486 — 9 — line 1 54233. If the local agency does not agree to price and terms line 2 with an entity to which notice and an opportunity to purchase or line 3 lease are of availability of land was given pursuant to this article, line 4 or if no entity to which a notice of availability was given pursuant line 5 to this article and disposes of the surplus land to an entity that uses line 6 the property for the development of responds to that notice, and line 7 10 or more residential units, the entity or a successor-in-interest line 8 shall provide units are developed on the property, not less than 15 line 9 percent of the total number of units developed on the parcels shall line 10 be sold or rented at affordable housing cost, as defined in Section line 11 50052.5 of the Health and Safety Code, or affordable rent, as line 12 defined in Section 50053 of the Health and Safety Code, to lower line 13 income households, as defined in Section 50079.5 of the Health line 14 and Safety Code. Rental units shall remain affordable to, and line 15 occupied by, lower income households for a period of at least 55 line 16 years. The initial occupants of all ownership units shall be lower line 17 income households, and the units shall be subject to an equity line 18 sharing agreement consistent with the provisions of paragraph (2) line 19 of subdivision (c) of Section 65915. These requirements shall be line 20 contained in a covenant or restriction recorded against the surplus line 21 land prior to land use entitlement of the project, and the covenant line 22 or restriction shall run with the land and shall be enforceable, line 23 against any owner who violates a covenant or restriction and each line 24 successor in interest who continues the violation, by any of the line 25 entities described in subdivisions (a) to (f), inclusive, of Section line 26 54222.5. line 27 SEC. 10. It is the intent of the Legislature to enact legislation, line 28 in addition to Sections 1 to 9, inclusive, of this act, that does the line 29 following: line 30 (a)  Strengthens the provisions of Article 8 (commencing with line 31 Section 54220) of Chapter 5 of Part 1 of Division 2 of Title 5 of line 32 the Government Code, relating to local surplus land, by directing line 33 local agencies to create a full inventory of publicly owned sites line 34 within their jurisdiction and report the information to the line 35 Department of Housing and Community Development. line 36 (b)  Requires state agencies to prioritize disposition of surplus line 37 land for development of affordable housing by doing all of the line 38 following: line 39 (1)  Specifying a minimum percentage of surplus property to be line 40 disposed annually. 99 — 10 — AB 1486 line 1 (2)  Expediting disposition timelines. line 2 (3)  Directing the Department of General Services to review its line 3 spatial guidelines for public facilities to allow onsite affordable line 4 housing without compromising the quality of onsite public services. line 5 (b)  Requires the Department of Housing and Community line 6 Development to develop a statewide public lands database and line 7 empowers the department with referral power to the Attorney line 8 General’s office to enforce compliance with laws governing the line 9 disposition of public land for affordable housing. line 10 (c)  Incentivizes development of affordable housing on state and line 11 local public lands by doing both of the following: line 12 (1)  Allowing affordable housing projects on surplus land to be line 13 more competitive for state funding programs. line 14 (2)  Allowing public agencies that dispose of surplus land to be line 15 more competitive for discretionary transportation funds. line 16 (d)  Utilizes Article 10.6 (commencing with Section 65580) of line 17 Chapter 3 of Division 1 of Title 7 of the Government Code, relating line 18 to housing elements, to prioritize disposition of surplus land by line 19 doing all of the following: line 20 (1)  Establishing a presumption in Article 10.6 (commencing line 21 with Section 65580) of Chapter 3 of Division 1 of Title 7 of the line 22 Government Code, that allows residential uses on all developable line 23 public land where it is not improper or unsafe, notwithstanding line 24 local zoning, for housing in which 100 percent of the units qualify line 25 as affordable housing to lower-income households. line 26 (2)  Requiring housing elements to include a discussion of the line 27 jurisdiction’s policies and plans to encourage the development of line 28 affordable housing on surplus land, including identification of any line 29 public land expected to be sold or leased. line 30 (3)  Requiring jurisdictions to report annually, through housing line 31 element progress reports, on how they disposed of surplus sites. line 32 (e)  Expands the trained labor pool available for housing line 33 construction by supporting trained apprentices and prevailing line 34 wages on affordable housing projects built on surplus land, with line 35 exceptions for emergency temporary housing and housing built line 36 by volunteers. line 37 SEC. 11. If the Commission on State Mandates determines line 38 that this act contains costs mandated by the state, reimbursement line 39 to local agencies and school districts for those costs shall be made 99 AB 1486 — 11 — line 1 pursuant to Part 7 (commencing with Section 17500) of Division line 2 4 of Title 2 of the Government Code. O 99 — 12 — AB 1486 Page 1 of 2 LEGISLATIVE AND PUBLIC AFFAIRS COMMITTEE Meeting Date 04/08/19 To Bd. of Dir. 04/24/19 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 Receive and file the Legislative Affairs Update for the month of March 2019. BACKGROUND The Orange County Sanitation District’s (Sanitation District) legislative affairs program includes advocating the Sanitation District’s legislative interests, sponsoring legislation (where appropriate), and seeking Local, State and Federal funding for projects and programs. Staff will provide an update on recent legislative and grant activities. RELEVANT STANDARDS • Maintain influential legislative advocacy and a public outreach program • Build brand, trust, and support with policy makers and community leaders • Maintain collaborative and cooperative relationships with regulators, stakeholders, and neighboring communities PROBLEM Without a strong advocacy program, elected officials may not be aware that the Sanitation District is more than a wastewater treatment plant – treating and sending water to the ocean. The Sanitation District is an environmentally engaged organization which recycles more than 50 percent of its wastewater. Additionally, to help meet the goal of 100 percent recycling, the Sanitation District uses the byproducts from the wastewater treatment process to produce biosolids to fertilize crops and energy used to help power the two plants in Fountain Valley and Huntington Beach. PROPOSED SOLUTION Continue to work with Local, State, and Federal officials to advocate the Sanitation District’s legislative interests. Help to create/monitor legislation and grants that would benefit the Sanitation District, the wastewater industry, and the community as a whole. Page 2 of 2 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 Upcoming Lobby Dates: • The Sacramento Lobby Day is currently scheduled for Thursday, April 4 • The Washington D.C. Lobby Days are currently scheduled for Monday, June 17-Wednesday, June 19 Legislative Update: • Representative John Garamendi (D-CA) introduced House of Representatives Bill (H.R.) 1764, a bill that would provide a state with delegated authority to consider providing a clean water agency with a permit term that could be as long as ten years compared with current law’s five-year limit. In support of this bill, a letter was sent to the OC Delegation requesting co-sponsorship of the bill as well as support. Legislative Tours: • On Friday, March 15, as part of our legislative outreach, newly elected Assemblywoman Cottie Petrie Norris and her staff received a briefing about the Sanitation District and toured the Fountain Valley Plant as well as the Groundwater Replenishment System. Additionally, staff is working with State and Federal elected officials to provide tours and briefings with all newly elected officials as well as those who have been previously seated. CASA Update: • On Friday, March 15, CASA held its monthly State Legislative Committee Meeting in Sacramento. Sanitation District staff attended the meeting where the “No Wipes Down the Pipes” campaign was discussed. Additionally, CASA discussed the current Hertzberg bill AB 332, which mandates all wastewater agencies that discharge treated effluent to oceans, bays, and estuaries to reduce their discharges by 50% by 2030, and by 95% by 2040. CASA has taken an official “oppose” position on this bill. 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 1 | Page M E M O R A N D U M TO: Rebecca Long FROM: Eric Sapirstein DATE: March 18, 2019 SUBJECT: Washington Update The past several weeks were extremely busy as Congress continued to consider policy associated with infrastructure, climate resiliency and preparing for the transmittal of the Administration’s fiscal year 2020 budget request that will formally kick-off the spending debate for the coming year. Of special note, legislation to address the antiquated the National Pollutant Discharge Elimination System (NPDES) permit process was introduced seeking to modernize the process consistent with OCSD’s priority. The following summarizes these issues. Legislation to Extend NPDES Permit Terms for Municipalities Representative John Garamendi (D-CA) introduced H.R. 1764, a bill that would provide a state with delegated authority to consider providing a clean water agency with a permit term that could be as long as ten-years compared with current law’s five-year limit. Garamendi was joined by Representatives Ken Calvert (R-CA) and Rob Woodall (R-GA), making H.R. 1764 bipartisan. The legislation aligns with OCSD’s federal priorities. Along with being bipartisan, the legislation enjoys significant support by the affected stakeholders that CASA worked to secure support: National Association of Clean Water Agencies, U.S. Conference of Mayors, National League of Cities, National Association of Counties, WateReuse, Water Environment Federation, Association of California Water Agencies, and National Water Resources Association. A copy of the legislation and letter of support is attached. As introduced, the bill would only apply to public agencies. It would not impact any Clean Water Act rules or enforcement provisions. 2 | Page Water Infrastructure Policy Options Appear to be Coming into Focus The House Committee on Transportation & Infrastructure continued its review of water infrastructure needs. During a hearing before the Subcommittee on Water Resources and Environment, chaired by Representative Grace Napolitano (D-CA), a panel consisting of a Mayor, General Manager of a publicly owned treatment works (POTW), and Non-governmental organizations (NGO’s), representing environmental justice, testified on the need to support the State Revolving Fund (SRF) program to ensure a federal role is maintained to support local clean water agencies meet their financing needs. The witnesses also shined a light on the issue of affordability, noting that even with a robust commitment to the SRF program, the ability to pay by communities remains a challenge. This challenge needs to be addressed through new policies that would assist ratepayers pay for clean water services and support agencies’ efforts to use innovative technologies to reduce the costs of supplying such services. During the hearing, Representative Alan Lowenthal (D-CA) questioned the panel if extending permit terms would assist in the challenge of providing clean water services. In response, the U.S. Conference of Mayors witness clearly and forcefully replied yes as it would help to better align permit terms with construction schedules and financing terms and reduce administrative costs. Fiscal Year 2020 Budget Released, Attention Turns to Congress Approximately a month behind schedule due to the governmental shutdown that delayed finalization of the budget, the Administration transmitted a fiscal year 2020 budget request to Congress, imposing a $2 billion reduction over current year spending. The budget seeks to impose significant spending reductions across the domestic discretionary budget and would increase defense spending, including homeland security programs. Under the proposed budget, United States Environmental Protection Agency’s (USEPA). key water infrastructure financing program, the Clean Water State Revolving Loan Fund would be reduced half a billion dollars. Similarly, the Water Infrastructure Finance and Innovation Act (WIFIA) program would be slated to receive $25 million to support $2 billion in leveraged financing, representing a $40 million reduction. Specific programs that support regional water quality needs such as the Beaches Environmental Assessment and Coastal Health Act of 2000 (BEACH protecting coastal waters) and the National Estuary Program would be eliminated. At the same time, the budget seeks to provide resources to maintain regulatory streamlining initiatives, including finalizing the contentious Waters of the U.S. rule that would define the extent and nature of which waters would be subject to regulation under the Clean Water Act and to enhance electronic reporting. 3 | Page Water recycling and other infrastructure programs would also be impacted at the U.S. Bureau of Reclamation. Under the proposed budget for the WaterSmart Program’s water recycling and reuse program, the Administration is proposing to reduce funding from the current year level of $58 million to $3 million. The reason for the reduction is partly attributable to the fact that the authorization for project assistance under the Water Infrastructure Improvements for the Nation (WIIN) Act that supported WaterSmart has been fully utilized because of the decision in 2019 to appropriate $30 million. This action denies the authority to request additional funding. However, we anticipate that congressional budget leaders will reverse this action in any final spending bill, providing significant funding for the WaterSmart water recycling grants assistance. Department of the Interior Secretary The Administration officially transmitted to the Senate the nomination of Acting Secretary of the Interior, David Bernhardt, to become the formal head of the department. According to the Chair of the Senate Committee on Energy and Natural Resources, a confirmation hearing will be scheduled in the coming weeks. Bernhardt’s hearing is expected to generate debate because of his actions related to streamlining the review process of listing or delisting endangered species, as well as positions related to water transfers in the west and particularly in California related to the delivery of water supplies to the Central Valley. Nonetheless, his nomination is expected to clear the Senate when a floor vote occurs as early as late spring. 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. 1497 Rep. Peter DeFazio (D-OR) Water Quality Protection and Job Creation Act of 2019. Provides nearly $23.5 billion in direct infrastructure investment over the next five years to address wastewater infrastructure and local water quality challenges. This bill allocates $20 billion in grants for the Clean Water State Revolving Fund. House - 03/06/2019 Referred to the Subcommittee on Water Resources and Environment Watch 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 Introduced 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 Proposed Federal Legislation 2018-2019 Priority OCSD Federal Bills of Interest BILL AUTHOR SUMMARY LATEST ACTION OCSD POSITION OTHER POSITIONS S. 403 Sen. Sheldon Whitehouse (D-RI) A bill to encourage the research and use of innovative materials and associated techniques in the construction and preservation of the domestic transportation and water infrastructure system, and for other purposes. Senate - 2/7/19 Referred to Committee on Environment and Public Works Watch NYC H.R. 977 Rep. Brian Mast (R-FL) To require the Corps of Engineers to notify affected communities before releasing water contaminated with cyanobacteria from flood risk management projects, and for other purposes. House - 2/7/19 Referred to Subcommittee on Water Resources and Environment Watch NYC H.R. 892 Rep. Duncan Hunter (R-CA) To amend the Federal Water Pollution Control Act to limit attorney fees and penalties in citizen suits, and for other purposes. House - 2/7/19 Referred to Subcommittee on Water Resources and Environment Watch NYC H.R. 358 Rep. Juan Vargas (D-CA) California New River Restoration Act of 2019. Requires the USEPA to establish a California New River restoration program for the New River. USEPA must (1) implement projects, plans, and initiatives for the New River supported by the California-Mexico Border Relations Council; and (2) provide grants and technical assistance for coordinating restoration and protection activities. House - 2/7/19 Referred to Subcommittee on Water Resources and Environment Watch NYC S. 376 Sen. Rand Paul (R-KY) A bill to amend the Federal Water Pollution Control Act to clarify the definition of navigable waters, and for other purposes. Senate - 2/7/19 Referred to Committee on Environment and Public Works Watch NYC OCSD Federal Bills of Interest BILL AUTHOR SUMMARY LATEST ACTION OCSD POSITION OTHER POSITIONS H.R. 658 Rep. Rosa DeLauro National Infrastructure Development Bank Act. Facilitates efficient investments and financing of infrastructure projects and new job creation through the establishment of a National Infrastructure Development Bank, and for other purposes. House - 2/7/19 Referred to Subcommittee on Economic Development, Public Buildings, and Emergency Management Watch NYC H.R. 1137 Rep. John Garamendi (D-CA) To amend the Water Resources Development Act of 1986 to repeal the authority relating to reprogramming during national emergencies. House - 2/12/19 Referred to the Subcommittee on Water Resources and Environment Watch NYC H.R. 1317 Rep. Harley Rouda (D-CA) Coastal Communities Adaption Act. Improves the resilience of the built and natural environment to natural disasters and climate change using, among other measures, natural and nature-based features, and for other purposes. House - 2/25/19 Referred to Committees on Science, Space, and Technology, Transportation and Infrastructure, Oversight and Reform, Financial Services, and Natural Resources Watch NYC S. 638 Sen. Tom Carper (D-DE) A bill to require the Administrator of the Environmental Protection Agency to designate per- and polyfluoroalkyl substances as hazardous substances under the Comprehensive Environmental Response, Compensation, Liability Act of 1980, and for other purposes. Senate - 2/28/19 Referred to Committee on Environment and Public Works Watch NYC OCSD Federal Bills of Interest BILL AUTHOR SUMMARY LATEST ACTION OCSD POSITION OTHER POSITIONS S. 611 Sen. Bernie Sanders (I-VT) A bill to provide adequate funding for water and sewer infrastructure, and for other purposes. Senate - 2/28/19 Referred to Committee on Environment and Public Works Watch NYC H.R. 1331 Rep. Angie Craig (D-MN) To amend the Federal Water Pollution Control Act to reauthorize certain programs relating to nonpoint source management, and for other purposes. House - 2/26/19 Referred to Subcommittee on Water Resources and Environment Watch NYC H.R. 1764 Rep. John Garamendi (D-CA) To amend the Federal Water Pollution Control Act with respect to permitting terms, and for other purposes. House - 3/15/19 Referred to Subcommittee on Water Resources and Environment Watch CASA - Support Legend: ACC-OC- Association of California Cities, Orange County LOCC- League of California Cities NYC- Not Yet Considered CASA- California Association of Sanitation Agencies NACWA - National Association of Clean Water Agencies ACWA- Association of California Water Agencies CSDA- California Special Districts Association To: Orange County Sanitation District From: Townsend Public Affairs, Inc. Date: March 18, 2019 Subject: Legislative and Public Affairs Agenda Report State Political Update In February, the Legislature was busy preparing for the February 22 bill introduction deadline. Approximately 2,576 bills and resolutions were introduced before the deadline, including 1,799 Assembly Bills and 777 Senate bills. By comparison, there were 2,177 bills introduced before the deadline in 2018. Several hundred of these bills are spot bills that currently contain non-substantive language and will likely be amended over the next several weeks. The Legislature must allow introduced bills to sit for 30 days before it can be heard in a policy or fiscal committee. Major legislative and policy themes this year include utility and water management, affordable housing, homelessness, and fire prevention. Below is a list of key upcoming deadlines in the Legislature: • April 11 – Spring Recess Begins • April 26 – Last day for policy committees to hear and report fiscal bills to fiscal committees • May 3 – Last day for policy committees to hear and report non-fiscal bills to the floor Economic Update In February, the California Department of Finance released its first economic update of 2019. The report analyzes economic data from December 2018 as the report runs about two months behind the month in question. In December, California added 24,500 jobs following a gain of 25,700 in November. Year-over year payrolls expanded by 1.7 percent in California compared to 1.8 percent in the nation. California added most its jobs in the following industries: Leisure and hospitality, education and health, government, professional and business services, and financial activities. California’s residential building permits totaled 96,000 units in December which reflects a 22.9 percent decrease from the year prior. Permits for single-family housing fell 26.9 percent while permits for multi-family housing increased by 37.4 percent. Total residential permits for 2018 averaged 114,000, only 500 units above the 2017 annual average. Preliminary General Fund agency cash for the first seven months of the fiscal year is $2.346 billion below the 2019-20 Governor’s budget forecast of $79.36 billion. Revenues for January 2019 were $2.791 billion below the Governor’s budget, due primarily to a shortfall in personal income tax estimated payments. Since the Federal tax law changes enacted in December 2017, the pattern of state estimated payments has changed with higher revenues in April expected to partially offset the lower revenues in December and January. Ocean Discharge Legislation March 2019 Report 2 In February, Senator Hertzberg introduced SB 332 as a follow-up to his SB 163 from 2015. SB 332 would place onerous restrictions on wastewater agencies who hold National Pollutant Discharge Elimination System (NPDES) permits. Specifically, NPDES permit holders would be required to reduce their baseline ocean discharge volume by 50 percent by 2030, and 95 percent by 2040. Baseline volume is based on the average annual volume of wastewater discharged through ocean outfalls for calendar years 2010 through 2020. SB 332 also applies to the affiliated water suppliers, thereby extending the enforcement range of the State Water Board. Affiliated water suppliers is defined broadly as all water suppliers that provide water disposed of in the collection system tributary to wastewater treatment facility. To enforce this new sweeping legislation, the bill proposes to implement a $2,000/acre-foot of water penalty for discharges above reduction requirement. Stakeholders are currently meeting with Senator Hertzberg to assess the viability of this new legislative direction for ocean discharge. Organizations such as WateReuse, CASA, and the Orange County Water District has adopted either an oppose or an oppose unless amended position. TPA will continue to work with OCSD staff to communicate our position and concerns to Senator Hertzberg’s office. Additional 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. AB 292 is currently in the Assembly Water, Parks, and Wildlife Committee and will be heard on April 9. AB 510 (Cooley) – Local government records: destruction of records. (OCSD Support) 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. AB 510 is currently in Assembly Local Government Committee and has not yet been set for a hearing. 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 - Watch CASA - NYC ACWA - NYC CSDA - Oppose unless amended AB 68 Ting [D]Land use: accessory dwelling units. The Planning and Zoning Law authorizes a local agency to provide, by ordinance, for the creation of accessory dwelling units in single-family and multifamily residential zones and sets forth required ordinance standards, including, among others, 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 - Watch 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 - Watch 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 - Watch AB 134 Bloom [D]Safe, clean, affordable, and accessible drinking water. Would state findings and declarations relating to the intent of the Legislature to adopt policies to ensure that every Californian has the right to safe, clean, affordable, and accessible drinking water. Spot Bill Watch State Priorities: Support legislation or regulations that restrict the use of microplastics in any product that is disposed of through the sewer system. ACCOC - NYC LOCC - Watch CASA - NYC ACWA - NYC CSDA - Watch OCSD State Bills of Interest BILL AUTHOR SUMMARY LATEST ACTION OCSD POSITION LEGISLATIVE PLAN OTHER POSITIONSAB 217 Garcia [D]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 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. Spot Bill Watch State Tactics: Support tax reform that protects public agencies ACCOC - NYCLOCC - WatchCASA - NYCACWA - NYCCSDA - Watch AB 223 Stone [D]California Safe Drinking Water Act: microplastics The California Safe Drinking Water Act requires the State Water Resources Control Board to administer provisions relating to the regulation of drinking water to protect public health. Current law requires the state board, on or before July 1, 2020, to adopt a definition of microplastics in drinking water and, on or before July 1, 2021, to adopt a standard methodology to be used in the testing of drinking water for microplastics and requirements for 4 years of testing and reporting of microplastics in drinking water, including public disclosure of those results. This bill would require the state board, to the extent possible, and where feasible and cost effective, to work with the State Department of Public Health in complying with those requirements. 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 - NYC ACWA - NYC CSDA - Watch AB 231 Mathis [R]California Environmental Quality Act: exemption: recycled water. Would exempt from CEQA a project to construct or expand a recycled water pipeline for the purpose of mitigating drought conditions for which a state of emergency was proclaimed by the Governor if the project meets specified criteria. Because a lead agency would be required to determine if a project qualifies for this exemption, this bill would impose a state-mandated local program. The bill would also exempt from CEQA the development and approval of building standards by state agencies for recycled water systems. Introduced Watch State Priorities: Support efforts to reform the California Environmental Quality Act (CEQA)to streamline current procedures and regulations for projects to refurbish or replace existing infrastructure facilities. ACCOC - NYCLOCC - WatchCASA - NYCACWA - NYCCSDA - Support OCSD State Bills of Interest BILL AUTHOR SUMMARY LATEST ACTION OCSD POSITION LEGISLATIVE PLAN OTHER POSITIONSAB 233 Cooley [D]Insurance: independent contractors Current case law creates a presumption that a worker who performs services for a hirer is an employee. Current case law requires a 3-part test to establish that a worker is an independent contractor, including that the worker is free from the control and direction of the hirer in performing the work. This bill would clarify the application of the case law described above to persons licensed by the Department of Insurance to transact insurance in specified capacities by providing that those persons are not employees when they have entered into a written agreement with an insurer or organizational licensee that includes specified provisions, including that the worker is classified as an independent contractor, that each party has the right to terminate the agreement upon notice to the other party, and that the worker is responsible for the payment of necessary expenditures and applicable taxes. Introduced Watch Legislative and Regulatory Policies: Public Works - Monitor legislation connected with government claims against special districts regarding risk and wrap-up insurance ACCOC - NYCLOCC - WatchCASA - NYCACWA - NYCCSDA - NYC AB 291 Chu Emergency preparedness Would state the intent of the Legislature to enact legislation that would establish a Local Emergency Preparedness and Hazard Mitigation Fund to support staffing, planning, and other emergency mitigation priorities that helps local governments meet emergency preparedness goals and to boost emergency management programs throughout the state that remain underfunded or neglected. 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 - Watch CASA - NYC ACWA - NYC CSDA - Watch OCSD State Bills of Interest BILL AUTHOR SUMMARY LATEST ACTION OCSD POSITION LEGISLATIVE PLAN OTHER POSITIONSAB 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 - NYCLOCC - WatchCASA - NYCACWA - NYCCSDA - Support AB 510 Cooley [D]Local government records: destruction of records. Current law authorizes the head of a department of a county or city, or the head of a special district to destroy recordings of telephone and radio communications maintained by that county, city, or special district after 100 days if that person receives approval from the legislative body and the written consent of the agency attorney. This bill would exempt the head of a department of a county or city, or the head of a special district from these recording retention requirements if the county, city, or special district adopts a records retention policy governing recordings of routine video monitoring and recordings of telephone and radio communications. Introduced Watch Legislative and Regulatory Policies: Security - Support legislation that would create efficiencies around the retention policy of surveillance video for innocuous recordings. ACCOC - NYC LOCC - Watch CASA - NYC ACWA - NYC CSDA - Sponsor 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 operate 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 alternativerenewable energy at the Fountain Valley, Plant No. 1 and Huntington Beach, Plant No. 2. ACCOC - NYCLOCC - WatchCASA - NYCACWA - NYCCSDA - NYC OCSD State Bills of Interest BILL AUTHOR SUMMARY LATEST ACTION OCSD POSITION LEGISLATIVE PLAN OTHER POSITIONSAB 992 Mullin [D]Open meetings: local agencies: social media Would provide that the Ralph M. Brown Act does not apply to the posting, commenting, liking, interaction with, or participation in, internet-based social media platforms that are ephemeral, live, or static, by a majority of the members of a legislative body, provided that a majority of the members do not discuss among themselves business of a specific nature that is within the subject matter jurisdiction of the legislative body of the local agency. Introduced Watch ACCOC - NYCLOCC - WatchCASA - NYCACWA - NYCCSDA - NYC AB 1080 Gonzalez [D]California Circular Economy and Plastic Pollution Reduction Act Would establish the California Circular Economy and Plastic Pollution Reduction Act, which would require the Department of Resources Recycling and Recovery, in consultation with the State Water Resources Control Board and the Ocean Protection Council, to adopt regulations to source reduce and recycle 75% of single-use packaging and products sold or distributed in California by 2030. 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 - NYC LOCC - Watch CASA - NYC ACWA - NYC CSDA - 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 to special districts. ACCOC - NYCLOCC - WatchCASA - NYCACWA - NYCCSDA - Watch 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 - Watch SB 33 Skinner Solid waste: reduction and recycling. The California Integrated Waste Management Act of 1989, administered by the Department of Resources Recycling and Recovery, generally regulates the disposal, management, and recycling of solid waste. This bill would state the intent of the Legislature to enact legislation that would address the collapse of foreign recycling markets by reducing solid waste generation, encouraging transition to compostable or recyclable materials, and fostering domestic recycling markets. 53231 Introduced Watch Legislative and Regulatory Policies: Biosolids and Biogas - Limit redundant reporting requirements on organics, recyclable material, and solid waste as mandated by AB 901. ACCOC - NYCLOCC - WatchCASA - NYCACWA - NYCCSDA - Watch 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 Supply - Support legislation and regulation that necessitate the responsible use of water in residential, commercial, and industrial areas ACCOC - NYC LOCC - WatchCASA - NYCACWA - NYCCSDA - Support 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 - Watch 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 - OpposeACWA - NYCCSDA - Oppose OCSD State Bills of Interest BILL AUTHOR SUMMARY LATEST ACTION OCSD POSITION LEGISLATIVE PLAN OTHER POSITIONSSB 732 Allen [D]Transactions and use tax. Current law authorizes cities, counties, and certain districts to impose a transactions and use tax in accordance with procedures set forth in the Transactions and Use Tax Law, which conforms to the Sales and Use Tax Law. This bill would make a technical, nonsubstantive change to the Transactions and Use Tax Law. Introduced Watch Legislative and Regulatory Policies: Air Quality - Support air quality legislations, regulations, rules, and policies that emphasize the use of advanced technologies and promote greater flexibility and financial incentives to reduce air emission. ACCOC - NYCLOCC - WatchCASA - NYCACWA - NYCCSDA - NYC Legend:ACC-OC - Association of California Cities, Orange CountyLOCC - 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 projects, 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 of public agencies to control stormwater flows and CSO's Funding cost-share is not identified in the law TBD TBD. We will monitor for possible funding opportunities/A TBD Funding must be appropriated as part of current FY 2019 budget impasse TBD TBD Water/ Infrastructure TBD 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 3/20/2019 Page 1 of 3 LEGISLATIVE AND PUBLIC AFFAIRS COMMITTEE Meeting Date 04/08/19 To Bd. of Dir. 04/24/19 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 Receive and file the Public Affairs Update for the month of March 2019. BACKGROUND Staff will provide an update on recent public affairs activities. RELEVANT STANDARDS • Maintain influential legislative advocacy and a public outreach program • Build brand, trust, and support with policy makers and community leaders • Maintain collaborative and cooperative relationships with regulators, stakeholders, and neighboring communities • Listen to and seriously consider community input on environmental concerns PROBLEM Many Orange County residents are not aware of the Orange County Sanitation District (Sanitation District) and the important work that we do to protect public health and the environment. The public is unaware that we are a resource recovery facility that aside from collecting and treating wastewater generated by 2.6 million people in our service area, we also create energy, recycle water for further treatment, and generate nutrient-rich biosolids. In general, the community does not realize the implications with improperly disposing of waste into the sanitation system. They are unaware that our treatment process can be negatively impacted, thus affecting 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 can educate the community, local agencies, and businesses on our overall goal. We also have the opportunity to share information about our What2Flush program, energy production, Page 2 of 3 water recycling, biosolids, and our source control program. This, in turn, results in a better quality of wastewater. TIMING CONCERNS N/A RAMIFICATIONS OF NOT TAKING ACTION If we do not educate the community, local agencies, and area businesses about the Sanitation District, we lose an opportunity to educate thousands of people about our plants, source control, and the wastewater industry as a whole. PRIOR COMMITTEE/BOARD ACTIONS N/A ADDITIONAL INFORMATION March 2019 Activity # # of Guests OCSD/OCWD Tours 3 102 OCSD Tours 12 227 Speaking Engagements 5 200 Outreach Events 2 600 During this month staff attended: • Irvine Rotary Club • Fountain Valley Mayor breakfast • Orange County Science and Engineering Fair • National Association of Women in Construction speaking engagement • Huntington Beach Area Council Committee Meeting • Children’s Water Festival Save the Date – 65th Anniversary Open House The Sanitation District is turning 65 so we’re planning to host an Open House to celebrate. On Saturday, July 27, the Sanitation District will host an Open House for the community to attend. This will be a family-fun event, opening our doors to the community that we serve. We’ll have educational booths, games, Plant tours, and food. Please save the date and get ready to be part of the Sanitation District’s 65 Years of Impressions. Additional information will be forthcoming. Page 3 of 3 Recent Awards • Santa Ana River Basin Section of the California Water Environment Association awarded:  Quarter Century Award, Tony Lee  Community Engagement and Outreach Project of the Year: Plant No. 2 Neighborhood Outreach Program (Project leads: Tanya Chong & Daisy Covarrubias)  Supervisor of the Year 1st Place, Ted Gerber  Supervisor of the Year 2nd Place, Kevin Schuler  Mechanical Technician Person of the Year, Gilbert Barela  Operator of the Year, April Frost  SARBS Spotlight Award, Dindo Carrillo • The American Academy of Environmental Engineers awarded OCSD’s Odor Control Program the Superior Achievement Award. This is the highest honor given by AAEES. Upcoming Activities - April 2019 • Construction Network speaking engagement • AAEES Student Chapter Annual Conference • Orange County Council of Government General Assembly • Westminster Spring Festival • Plant No. 2 neighborhood tour • Irvine Earth Day Event CEQA N/A FINANCIAL CONSIDERATIONS N/A 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 March 2019 • Media Clips March 2019 Outreach March 2019 Date Event Attendees 3/1/19 Plant 2 Tour 3 3/5/19 Gilbert HS Tour 15 3/6/19 CSUF Nursing tour 25 3/7/19 CSUF Nursing tour 27 3/8/19 Godinez HS Tours 50 3/8/19 Career Day Presentation 75 3/12/19 Mens Club Tour 17 3/12/19 Speaking Engagement ‐ UCI 40 3/13/19 Speaking Engagement ‐ Irvine Rotary 40 3/13/19 CSUF Nursing tour 21 3/14/19 CSUF Nursing tour 25 3/15/19 Godinez HS Tours 49 3/15/19 CA Assembly Member Norris Tour 2 3/20/19 USF ‐ OC Nursing Tour 25 3/21/19 Speaking Engagement ‐ FV Mayors Breakfast 20 3/21/19 OCSEF 300 3/21/19 Western HS Tour 17 3/26/19 New Employee/Open Tour 25 3/26/19 NAWIC Speaking Engagement 25 3/27/19 Children's Water Festival 2019 150 3/28/19 Children's Water Festival 2019 150 3/29/19 Director Bernstein And Guest Tour 2 3/29/19 Santa Ana College Tour 26 OCSD Public Affairs Office Monthly News Clippings March 2019 Table of Contents GWRS…………………………………………… ................................ PAGE 1 March 7, 2019 Solution No. 2 By: Matt Coker OC Weekly HUMAN INTEREST…………………………………………… ................. PAGE 3 February 26, 2019 Orange County gets Wastewater Treatment Project of the Year from ASCE By: Andrew Farr Water Finance & Management March 6, 2019 ASCE Awards OCSD with Wastewater Treatment Project of the Year Recognition By: California Water News Daily Staff California Water News Daily March 11, 2019 Personal data for 1,000 pensioners accessed from OC Sanitation District By: Tony Saavedra/Teri Sforza Orange County Register March 15, 2019 Former Los Alamitos Mayor who helped lead push against state sanctuary law picked for federal job By: Roxana Kopetman Orange County Register OPINION…………………………………………… .............................. PAGE 11 February 22, 2019 There is nothing fresh about a new water tax By: Tyler Diep Orange County Register TWITTER POSTINGS …………………………………………… ............. PAGE 13 FACEBOOK POSTINGS ……………………………………………………PAGE 15 INSTAGRAM POSTINGS ……………………………………………………PAGE 19 1 SOLUTION NO. 2 [A CLOCKWORK ORANGE] MATT COKER | POSTED ON MARCH 7, 2019 ADDTHIS SHARING BUTTONS SHARE TO FACEBOOKSHARE TO PINTERESTSHARE TO TWITTERSHARE TO EMAIL Directly across the street from the OC Weekly world headquarters in Fountain Valley is the Orange County Sanitation District. I’ll wait until you are done snickering. Around the corner is the Orange County Water District, and within the grounds of both are facilities for the Groundwater Replenishment System, which turns human waste into purified water for irrigation, industrial uses and, yes, drinking water. OC Weekly March 7, 2019 2 Before going online in January 2008, the so-called “toilet-to-tap” system was mocked by snark-slingers such as yours truly, but the remarkable recycler has won international praise, awards and, the sincerest form of compliment, imitation, especially in drought-plagued regions. That is something to keep in mind with the latest poopy power proposal. The Southern California Gas Co. filed a plan with the California Public Utilities Commission on Feb. 28 to derive renewable natural gas from methane produced by waste not only from people, but also dairy cows. The gas company contends the untapped clean energy source would help not only its 21 million Central and Southern California customers—who include residents, businesses and transportation providers—but also the planet because capturing methane before it enters the atmosphere would help reduce greenhouse gas emissions. It’s billed as being much cheaper and more effective than requiring all-electric kitchen appliances. Likening the process to the consumer electricity programs created by solar panels and wind farms, SoCal Gas officials further propose that its customers be given the option of purchasing portions of their natural gas from renewable sources, something they contend will increase supply and drive down costs. Two questions: Will supply keep up with demand enough that the gas and water companies won’t go to war over the same dookie? And will capturing cow methane eliminate that awful smell that gets into my car vents while driving near Chino? Just think: Poop from those dairy cows can create the natural gas that comes out of your stovetop as you heat milk from those dairy cows for the sauce with your entrée that will come out of you and help create the natural gas. . . . It’s the circle of life, and the movements of us all. MATT COKER Matt Coker has been engaging, enraging and entertaining readers of newspapers, magazines and websites for decades. He spent the first 13 years of his career in journalism at daily newspapers before “graduating” to OC Weekly in 1995 as the paper’s first calendar editor. He went on to be managing editor, executive editor and is now senior staff writer. 3 Orange County gets ‘Wastewater Treatment Project of the Year’ award from ASCE FEBRUARY 26, 2019 BY ANDREW FARR 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 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. Water Finance & Management February 26, 2019 4 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. Tags: Orange County Sanitation District 5 ASCE Awards Orange County Sanitation with Wastewater Treatment Project of the Year Recognition By California Water News Daily on March 6, 2019 The American Society of Civil Engineers (ASCE) recently recognized Orange County Sanitation District’s as the Wastewater Treatment Project of the Year. The award was presented at the 2019 ASCE OC Branch Awards Dinner held in late February at the City National Grove of Anaheim. Publicly known as the State College Sewer Construction the project is on target to replace nearly seven miles of sewer pipeline on State College Blvd. through the cities of Anaheim and Fullerton. Once completed the project will increase the capacity of the regional wastewater and related systems. It will increase the amount of wastewater that is recycled. It will increase by an additional eight million gallons of wastewater that will be diverted to OCSD’s Plant No. 1 in Fountain Valley before being sent to the Orange County Water District (OCWD). OCSD and OCWD are partners in the Orange County Groundwater Replenishment System jointly working to increase the amount of wastewater being recycled in Orange County. The project was split into two phases to minimize public impact. Phase A in the city of Fullerton was completed in 2017 and Phase B is currently in construction in Anaheim. When completed the construction project is expected to total $70 million. An additional benefit to the completed project will be the abandonment of the Yorba Linda Pump Station on the California State University, Fullerton campus. The Newhope-Placentia Trunk Sewer Replacement Project has also provided an opportunity for OCSD to partner with the cities of Fullerton and Anaheim. In Fullerton, the OCSD project was performed at the same time as their Grade Separation project was taking place. By consolidating the timelines of both projects it necessitated just one closure of State College Blvd., thereby minimizing the impact to the local area. The same approach is being undertaken in Anaheim. The city was scheduled to replace water lines when OCSD was replacing its sewers in the city and the work for the two projects was done in tandem to ease the impact to the community. Additionally, Anaheim will be assuming OCSD’s old pipe alignment to use as part of their stormwater retention program thus eliminating the need for OCSD to abandon the old line. Phase B, in Anaheim, 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. California Water News Daily March 6, 2019 6 Rob Thompson, OCSD’s assistant general manager praised the district’s employees saying, “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.” 7 Personal data for 1,000 pensioners accessed from OC Sanitation District District officials said they are 'working with the parties involved to fully understand the situation and the data breach' By TONY SAAVEDRA | tsaavedra@scng.com and TERI SFORZA | tsforza@scng.com | PUBLISHED: March 11, 2019 at 6:33 pm | UPDATED: March 11, 2019 at 8:12 pm Birth dates and Social Security numbers for 1,000 Orange County Sanitation District retirees were accessed in a phishing scheme, the district confirmed Monday. District retirees, former employees and board members were being notified of the data breach in the utility’s deferred compensation plan, which occurred in December after a file at NFP Corp. was accessed via a phishing email, said a district fact sheet. NFP is the district’s $160,000-a-year financial consultant for its deferred compensation funds. District participants were advised Monday to add Equifax fraud watch, 800-685-1111, to their credit. The first year is free. District officials said the deferred compensation plan is on a separate system than its sanitation operations, which cannot be accessed online and have several protections from computer hacking. The retirement fund breach is under investigation. “OCSD is still gathering information and working with the parties involved to fully understand the situation and the data breach,” said district spokesperson Jennifer Cabral. “OCSD will OC Register March 11, 2019 8 continue to actively work with all plan participants to ensure they have the resources they need to monitor and protect their identity and credit.” The FAQ sheet said it appeared that a subdivision of NFP, while upgrading its fund strategy, requested certain information from Voya Inc., the district’s plan record keeper. No personal identifying information was requested, but name, birth date and Social Security numbers were among the data sent by Voya around September 2017. The information sat in an NFP employee’s inbox until it was accessed in December 2018 by an unauthorized user via a phishing email, the district said. “If proper protocols were followed, this would and should not have occurred,” said the district document. When the breach was discovered, NFP hired a security consultant that helped notify law enforcement and participants, which the district said could take months because of the size of the group. The district said it was notified of the gaffe on Feb. 22. NFP is making corrections on several fronts and Voya has implemented refresher training, updated protocols, and safeguards against the manner by which the inbox was accessed, according to the FAQ sheet. The training includes a reminder that sensitive information needs to be redacted, saved to a secure server, and deleted from emails. NFP stated that its requests for data explicitly directed Voya to not provide any personal identifiable information. “OCSD has determined that Voya utilizes Social Security numbers as participant numbers for the purpose of reporting to the IRS. OCSD has since requested that Voya change OCSD’s participants’ identification number from Social Security numbers to OCSD employee identification numbers as soon as possible,” the district said. 9 Former Los Alamitos mayor who helped lead push against state sanctuary law picked for federal job President Trump wants Troy Edgar to oversee finances for the U.S. Department of Homeland Security. Troy Edgar, the former mayor of the small Orange County city that led an anti-sanctuary movement in California, is slated to be the next chief financial officer for the U.S. Department of Homeland Security. (Courtesy of Troy Edgar) By ROXANA KOPETMAN | rkopetman@scng.com | Orange County Register Orange County Register March 15, 2019 10 PUBLISHED: March 15, 2019 at 6:11 pm | UPDATED: March 16, 2019 at 4:18 pm Former Los Alamitos Mayor Troy Edgar, who last year led his city to defy California’s sanctuary law – sparking similar efforts statewide – is President Trump’s choice to be the next chief financial officer for the U.S. Department of Homeland Security. “I’m very excited for the opportunity to serve at a national level and serve with a great organization like Homeland Security,” Edgar said Friday. Trump nominated Edgar on Thursday. His nomination needs to clear the Senate’s Homeland Security and Governmental Affairs Committee and then head for a vote before the full Senate. The nomination is not expected to undergo a hearing, said David Popp, spokesman for Senate Majority Leader Mitch McConnell. Last year, Edgar was possibly the most visible spokesman against California’s SB-54 law, which protects some people living in the country illegally by limiting cooperation between local law enforcement with federal immigration agents. Edgar went on national and international media to speak against it and was invited to the White House several times, including a round-table talk with President Trump. Those meet-and-greet opportunities helped Edgar establish relationships in D.C., though he believes his work experience — as an executive and a consultant — is why he’s being pushed for the job. “This is more suited to what I do professionally than what I do politically.” Edgar, 52, owns two companies: Global Conductor Construction Corp., which works with telecommunications, electrical and other companies, and Global Conductor Inc., which provides management consulting services. He served on the Los Alamitos City Council for 12 years, three times as mayor. He also has served on other boards, including two years as chair of the Orange County Sanitation District. Edgar’s tenure on the Los Alamitos Council included a years-long period in which the council was split over various issues. But none of those issues brought as much attention as the city’s vote last spring to essentially “opt-out” of California’s sanctuary law. 11 OPINION There is nothing ‘fresh’ about a new water tax By Tyler Diep | PUBLISHED: February 22, 2019 at 3:39 pm | UPDATED: February 22, 2019 at 3:39 pm Governor Newsom proudly declared in his State of the State address that we “need a fresh approach when it comes to meeting California’s massive water challenges.” I agree that there are serious water challenges in the state, especially when a significant number of Californians do not have access to safe and reliable drinking water. Some estimate that it’s over 1 million and mostly in the Central Valley, concentrated in poor and disadvantaged communities. As a state with the fifth largest economy, we owe it to those who do not have access to this fundamental necessity. Not surprisingly, the Governor’s “fresh approach” was nothing close to fresh but the same old Sacramento dance: creating a new tax. He proclaimed that “It’s going to demand political will from each and every one of us [in the State Legislature]” suggesting that a new tax would solve this problem. The Governor is wrong, and I urge that he look beyond the financial elements and evaluate the root cause of why our fellow Californians do not have access to safe drinking water. As all of us know, we pay for the water we use. But the water doesn’t just miraculously appear on its own when we turn on the tap. The cost of the water we pay includes the people, infrastructure, investments, and technology it takes to get it into our homes and businesses. OC Register February 22, 2019 12 Just like any enterprise, there are economies of scale for water delivery. Whether you are served by a public or private water provider, the cost of each gallon of water depends on many factors. The total cost includes how many people the provider serves, how many gallons each consumer uses, among other things. In November 2017, the State Water Resources Control Board identified 329 water systems throughout the state that were in noncompliance and failed to provide safe drinking water to those they serve. Of those water systems, 83 percent of them serve less than 1,000 people. This translates to over 60 percent of their revenue being used exclusively for overhead, resulting in a very inefficient service-delivery model and very high per-customer overhead. Water delivery is extremely complex and requires significant investments over time. Therefore, it requires larger economies of scale to ensure safe drinking water is delivered to every Californian. A UC Davis study revealed that 60 percent of these failed water systems were less than 500 feet away from a water system that can provide safe drinking water. This is a significant reason why those in the Central Valley do not have access to reliable water. AB 2050 or the Small System Water Authority Act of 2018 authored by former Assemblywoman Anna Caballero would have consolidated these water systems. This bill would have authorized the creation of small system water authorities that would have powers to absorb, improve, and competently operate noncompliant public water systems. The bill gave the small water systems authority to issue bonds to pay its liabilities. If the issuance of bonds was left to voter approval it could have garnered more support. In the end, former Governor Brown vetoed this bill because he believed it did not provide “a stable funding source to pay for ongoing operations and maintenance costs.” Let’s examine if there is a stable funding source to ameliorate this problem. In our state’s history, we have had over 16 water bonds go before the voters from 1960 to 2018. Only one failed. The most recently approved California Water Bond of 2018 (Proposition 3) authorized $8.877 billion in general obligation bonds for safe drinking water. In addition, Proposition 1 and Proposition 68 earmarked over $4 billion for disadvantaged communities facing water problems. On top of that, we have an unprecedented budget surplus. The Association of California Water Agencies and the California Municipal Utilities Association are sponsoring legislation to create a Safe Drinking Water Trust that would be funded during years where the state budget has a surplus. Isn’t this proof that there is enough money to fix this problem? 13 Twitter Posts February/March 2019 14 15 Facebook Posts February/March 2019 16 17 18 19 Instagram Posts February/March 2019 Reach 265 / Impressions 2,074 20 21 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.