HomeMy WebLinkAbout05-13-2019 LaPA Committee Agenda Packet05/13/2019 Legislative and Public Affairs Committee Page 1 of 3
Orange County Sanitation District
Meeting of the LEGISLATIVE AND PUBLIC AFFAIRS COMMITTEE
Monday, May 13, 2019 12:00 P.M. Administration Building Board Room
10844 Ellis Avenue Fountain Valley, CA (714) 593-7433
AGENDA
PLEDGE OF ALLEGIANCE:
DECLARATION OF QUORUM:
PUBLIC COMMENTS: If you wish to address the Committee on any item, please complete a Speaker’s
Form (located at the table outside of the Board Room) and submit it to the Clerk of the Board or notify the Clerk of the Board the item number on which you wish to speak. Speakers will be recognized by the 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 Any items withdrawn from the Consent Calendar for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
April 8, 2019.
2.POSITION LETTERS: ASSEMBLY BILL 405 AND SENATE BILLS 69 AND 667(Jim Herberg)
RECOMMENDATION:
A.Approve letter of Support for Assembly Bill 405 - Sales and use taxes: exemption: water treatment (Rubio);
B. Approve letter of Oppose Unless Amended for Senate Bill 69 - Ocean
Resiliency Act of 2019 (Wiener); and
05/13/2019 Legislative and Public Affairs Committee Page 2 of 3
C. Approve letter of Support for Senate Bill 667 - Greenhouse gases: recycling infrastructure and facilities (Hueso).
NON-CONSENT:
3.LEGISLATIVE AFFAIRS UPDATE FOR THE MONTH OF APRIL 2019
(Jim Herberg)
RECOMMENDATION: Recommend to the Board of Directors to: Receive and filethe Legislative Affairs Update for the month of April 2019.
4.PUBLIC AFFAIRS UPDATE FOR THE MONTH OF APRIL 2019(Jim Herberg)
RECOMMENDATION: Recommend to the Board of Directors to: Receive and file
the Public Affairs Update for the month of April 2019.
INFORMATION ITEMS:
None.
OTHER BUSINESS AND COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS, IF ANY:
BOARD OF DIRECTORS INITIATED ITEMS FOR A FUTURE MEETING:
At this time Board members may request staff to place an item on a future agenda.
ADJOURNMENT:
The next Legislative and Public Affairs Committee meeting is scheduled for Monday,
June 10, 2019 at 12:00 p.m.
05/13/2019 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 Lan Wiborg (714) 593-7450 lwiborg@ocsd.com Public Affairs Supervisor Jennifer Cabral (714) 593-7581 jjcabral@ocsd.com Senior Public Affairs Specialist Rebecca Long (714) 593-7444 rlong@ocsd.com
04/08/2019 Legislative and Public Affairs Committee Minutes Page 1 of 4
MINUTES OF THE LEGISLATIVE AND PUBLIC AFFAIRS COMMITTEE
Orange County Sanitation District Monday, April 8, 2019 at 3:30 p.m.
A meeting of the Legislative and Public Affairs Committee was called to order by Committee Chair Peter Kim on Monday, April 8, 2019 at 3:30 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
Lucille Kring, Member-At-Large Erik Peterson, Member-At-Large David Shawver, Board Chair John Withers, Board Vice-Chair
COMMITTEE MEMBERS ABSENT: 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 Kelly Lore, Clerk of the Board Jennifer Cabral
Tanya Chong
Daisy Covarrubias Rebecca Long Mark Manzo
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 welcomed new member Director Erik Peterson to the Committee.
REPORT OF GENERAL MANAGER:
General Manager Jim Herberg provided a brief report of the recent trip to Sacramento
with visits to: Sean Maguire, State Water Resources Control Board; Susan Chen,
Consultant for Budget Subcommittee 3; offices of Assemblymember Phil Ting; Senator Robert Hertzberg; Senator Tom Umberg; Senator Richard Bloom; and Amanda Mattson with the Senate Judiciary Committee.
ITEM NO. 1
04/08/2019 Legislative and Public Affairs Committee Minutes Page 2 of 4
Board Chair Shawver complimented staff and TPA on the great preparatory work and
success during the visits in Sacramento. Vice-Chair Withers also stated that throughout
the seven meetings he noticed a great amount of turnover of staff, which he stated proves the importance of visiting regularly, with good talking points and information regarding the Sanitation District’s accomplishments.
CONSENT CALENDAR: Committee Chair Kim indicated that Item No. 1 should be approval of the minutes for the Committee meeting held on March 11, 2019 not February 11, 2019.
1. APPROVAL OF MINUTES (Clerk of the Board) MOVED, SECONDED, and DULY CARRIED TO: Approve minutes for the
Committee meeting held on March 11, 2019.
AYES: Bernstein, Kim, Shawver and Withers
NOES: None
ABSTENTIONS: Kring and Peterson ABSENT: Wanke
2. SUPPORT HOUSE OF REPRESENTATIVES BILL 1497 AND 1162
(Jennifer Cabral) MOVED, SECONDED, and DULY CARRIED TO:
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).
AYES:
Bernstein, Kim, Kring, Peterson, Shawver and Withers
NOES: None
ABSTENTIONS: None ABSENT: Wanke
Item pulled and heard separately. 3. POSITION LETTERS: ASSEMBLY BILL 292, ASSEMBLY BILL 1486, AND SENATE BILL 332 (Jennifer Cabral) Public Affairs Supervisor Jennifer Cabral noted that after the recent visits to
Sacramento, staff recommends taking a watch position on Item Nos 3.B. and 3.C., with no letters being sent at this time.
04/08/2019 Legislative and Public Affairs Committee Minutes Page 3 of 4
MOVED, SECONDED, and DULY CARRIED TO:
A. Approve letter of Support for Assembly Bill 292 - Potable Reuse Terminology (Quirk); B. Take a watch position on Senate Bill 332 - Wastewater treatment: recycled water (Hertzberg and Wiener); and
C. Take a watch position on Assembly Bill 1486 - Local agencies: surplus land
(Ting).
AYES:
Bernstein, Kim, Kring, Peterson, Shawver and Withers
NOES: None
ABSTENTIONS: None
ABSENT: Wanke
NON-CONSENT: 4. LEGISLATIVE AFFAIRS UPDATE FOR THE MONTH OF MARCH 2019
(Rebecca Long)
Senior Public Affairs Specialist Rebecca Long indicated that two letters have been sent in support of introduced bills AB 1672 (Bloom) and HR 1764 (Garamendi).
Eric Sapirstein provided a PowerPoint presentation and a brief overview of his
monthly report including: infrastructure initiatives, permit terms legislation, and letters of support for key legislation. Eric O’Donnell, TPA, provided a PowerPoint presentation with information
including: vurrent legislative schedule, Water Tax Update-SB 200, SB 669,
AB 217, and 2019 Legislation AB 510 (Cooley). Mr. O’Donnell then provided a brief report of the recent Advocacy Day with meetings to State Water Resources Control Board member Sean Maguire and Assembly Budget Subcommittee 3 – Resources and Transportation.
Committee Chair Kim deemed the Legislative Affairs Update for the month of March 2019 received and filed. 5. PUBLIC AFFAIRS UPDATE FOR THE MONTH OF MARCH 2019
(Jennifer Cabral)
Ms. Cabral indicated that moving forward, informational items presented at this meeting will be received and filed and move to the Board of Directors for enhanced communication.
Ms. Cabral then provided a PowerPoint presentation which reviewed outreach efforts made and meetings attended over the last month. Ms. Cabral announced and provided a brief description of upcoming events including information on OCSD’s 65th Anniversary Open House which will take place on Saturday, July 27
04/08/2019 Legislative and Public Affairs Committee Minutes Page 4 of 4
from 9:00 a.m. to 12:00 p.m., along with the new Centrifuge Ribbon Cutting event.
Ms. Cabral then announced recent awards received by the agency.
Committee Chair Kim deemed the Public Affairs Update for the month of March 2019 received and filed.
INFORMATION ITEMS: None. OTHER BUSINESS AND COMMUNICATIONS OR SUPPLEMENTAL AGENDA
ITEMS, IF ANY: Director Kring reported that due to the recent rain, mosquitos are abundant in California and reminded the Committee to fix any torn screens and dump standing water.
Board Chair Shawver stated that Director Wanke will no longer be able to serve on the
Legislative and Public Affairs Committee and that he will be making an alternate appointment in the near future. Board Chair Shawver also announced that a new item will be added to all future agendas
to allow any Board member to add an item to a future meeting.
ADJOURNMENT: Committee Chair Kim declared the meeting adjourned at 4:32 p.m. to the next Legislative
and Public Affairs Committee meeting, Monday, May 13, 2019 at 12:00 p.m.
Submitted by:
_____________________
Kelly A. Lore, MMC Clerk of the Board
Page 1 of 2
LEGISLATIVE AND PUBLIC AFFAIRS COMMITTEE Meeting Date 05/13/19 To Bd. of Dir. --
AGENDA REPORT Item Number 2 Item Number --
Orange County Sanitation District FROM: James D. Herberg, General Manager SUBJECT: POSITION LETTERS: ASSEMBLY BILL 405 AND SENATE BILLS 69 AND 667
GENERAL MANAGER'S RECOMMENDATION A. Approve letter of Support for Assembly Bill 405 - Sales and use taxes: exemption: water treatment (Rubio);
B. Approve letter of Oppose Unless Amended for Senate Bill 69 - Ocean Resiliency Act of 2019 (Wiener); and C. Approve letter of Support for Senate Bill 667 - Greenhouse gases: recycling
infrastructure and facilities (Hueso). BACKGROUND A. Assembly Bill (A.B.) 405 provides a sales and use tax exemption for chemicals and
other agents used to treat water, recycled water, or wastewater. B. Senate Bill (S.B.) 69 includes a provision that would require the State Water Resources Control Board to amend the California Ocean Plan and the California Enclosed Bays and Estuaries Plan to include water quality objectives and effluent
limitations that specifically address ocean acidification and hypoxia. Also, it would require all wastewater dischargers subject to the California Ocean Plan and the California Enclosed Bays and Estuaries Plan to adopt, incorporate, or improve denitrification protocols.
C. S.B. 667 would require CalRecycle to develop a five-year investment strategy to drive innovation and support technological development as well as infrastructure that would help California achieve its organic waste diversion and short-lived climate pollutants reduction goals.
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
Page 2 of 2
PROBLEM If the Orange County Sanitation District (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 have otherwise benefitted the Sanitation District and the industry as a whole. As leaders in resource recovery, it is important that the Sanitation District take an active role in policy making decisions.
PROPOSED SOLUTION Staff has drafted a letter of support for A.B. 405, a letter of oppose unless amended for S.B. 69, and a letter of support for S.B. 667 for the Committee’s consideration.
TIMING CONCERNS It is important that the Sanitation District take a position on the bills as soon as possible to ensure that the Sanitation District’s position is considered when the bills are reviewed.
RAMIFICATIONS OF NOT TAKING ACTION A. Assembly Bill 405 bill may not be signed into law. B. Senate Bill 69 may be signed into law.
C. Senate Bill 667 may not be signed into law. ADDITIONAL INFORMATION N/A
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 405
• Assembly Bill 405
• Letter of Oppose Unless Amended Senate Bill 69
• Senate Bill 69
• Letter of Support for Senate Bill 667
• Senate Bill 667
May 13, 2019
The Honorable Blanca Rubio
California State Assembly
State Capitol, Room 5175
Sacramento, CA 95814
RE: Support for Assembly Bill 405 (Rubio)
Dear Assembly Member Rubio:
On behalf of the Orange County Sanitation District (OCSD), I am pleased to support Assembly
Bill 405, which provides a sales and use tax exemption for chemicals and other agents used to
treat water, recycled water, or wastewater.
OCSD is a wastewater agency that serves 2.6 million people in north and central Orange County,
California. The services that OCSD provides are critical to public health, water quality, and water
supply in the region. As a resource recovery agency, we are partners with the Orange County
Water District on 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.
By exempting vital chemicals that water and wastewater agencies use in bulk from sales and use
tax, local agencies can save thousands of dollars per year that can be re-invested back into their
water or wastewater treatment processes. The additional water or wastewater treated as a result
of the savings far outweighs the minimal impact the tax from the sale of these chemicals generates
for local taxing agencies every year.
For these reasons, the Orange County Sanitation District is pleased to support Assembly Bill 405.
Sincerely,
David John Shawver
Board Chairman
california legislature—2019–20 regular session
ASSEMBLY BILL No. 405
Introduced by Assembly Member Blanca Rubio
February 7, 2019
An act to amend Section 6353 of the Revenue and Taxation Code,
relating to taxation, to take effect immediately, tax levy.
legislative counsel’s digest
AB 405, as introduced, Blanca Rubio. Sales and use taxes: exemption:
water treatment.
The Sales and Use Tax Law imposes a tax on retailers measured by
the gross receipts from the sale in this state of, or the storage, use, or
other consumption in this state of, tangible personal property. The law
provides various exemptions from that tax, including an exemption for
the sale of, or the storage, use, or consumption of, gas, electricity, and
water when delivered to consumers, as specified.
This bill would exempt from that tax the gross receipts from the sale
in this state of, and the storage, use, or other consumption in this state
of, chemicals used to treat water, recycled water, or wastewater
regardless of whether those chemicals or other agents become a
component part thereof and regardless of whether the treatment takes
place before or after the delivery to consumers.
The Bradley-Burns Uniform Local Sales and Use Tax Law authorizes
counties and cities to impose local sales and use taxes in conformity
with the Sales and Use Tax Law, and existing laws authorize districts,
as specified, to impose transactions and use taxes in accordance with
the Transactions and Use Tax Law, which generally conforms to the
Sales and Use Tax Law. Amendments to the Sales and Use Tax Law
are automatically incorporated into the local tax laws.
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Existing law requires the state to reimburse counties and cities for
revenue losses caused by the enactment of sales and use tax exemptions.
This bill would provide that, notwithstanding Section 2230 of the
Revenue and Taxation Code, no appropriation is made and the state
shall not reimburse any local agencies for sales and use tax revenues
lost by them pursuant to this bill.
This bill would take effect immediately as a tax levy.
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. Section 6353 of the Revenue and Taxation Code
line 2 is amended to read:
line 3 6353. There are exempted from the taxes imposed by this part
line 4 the gross receipts derived from the sales, furnishing, or service of
line 5 and the storage, use, or other consumption in this state of, all of
line 6 the following:
line 7 (a) Gas, electricity, and water, including steam and geothermal
line 8 steam, brines, and heat, when delivered to consumers through
line 9 mains, lines, or pipes. This exemption includes chemicals and other
line 10 agents used to treat water, recycled water, or wastewater,
line 11 regardless of whether the chemicals and other agents become a
line 12 component part thereof, and regardless of whether the treatment
line 13 takes place before or after the delivery to consumers.
line 14 (b) (1) Liquefied petroleum gas, delivered to a qualified
line 15 residence by the seller, that is sold for household use in the
line 16 qualified residence, or liquefied petroleum gas that is purchased
line 17 for use by a qualified person to be used in producing and harvesting
line 18 agricultural products; provided, in either case, the liquefied
line 19 petroleum gas is delivered into a tank with a storage capacity for
line 20 liquefied petroleum gas that is equal to or greater than 30 gallons.
line 21 This subdivision may not be construed to provide any exemption
line 22 from any tax levied by a city, county, or city and county pursuant
line 23 to Section 7284.3, or any successor to that section.
line 24 (2) For purposes of this subdivision:
line 25 (A) “Qualified residence” means a primary residence, not
line 26 serviced by gas mains and pipes.
line 27 (B) “Qualified person” means any person engaged in a line of
line 28 business described in Codes 0111 to 0291, inclusive, of the
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— 2 — AB 405
line 1 Standard Industrial Classification Manual published by the United
line 2 States Office of Management and Budget, 1987 Edition, and any
line 3 other person that assists that person in the lines of business
line 4 described in this paragraph in producing and harvesting agricultural
line 5 products.
line 6 (c) Water, when sold to an individual in bulk quantities of 50
line 7 gallons or more, for general household use in his or her the
line 8 individual’s residence if the residence is located in an area not
line 9 serviced by mains, lines, or pipes.
line 10 (d) Exhaust steam, waste steam, heat, or resultant energy,
line 11 produced in connection with cogeneration technology, as defined
line 12 in Section 25134 of the Public Resources Code.
line 13 (e) The exemptions provided by subdivision (b) shall be
line 14 effective starting September 1, 2001.
line 15 (f) The amendments made by the act adding this subdivision
line 16 shall be operative on the effective date of the act adding this
line 17 subdivision.
line 18 SEC. 2. Notwithstanding Section 2230 of the Revenue and
line 19 Taxation Code, no appropriation is made by this act and the state
line 20 shall not reimburse any local agency for any sales and use tax
line 21 revenues lost by it under this act.
line 22 SEC. 3. This act provides for a tax levy within the meaning of
line 23 Article IV of the California Constitution and shall go into
line 24 immediate effect.
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AB 405 — 3 —
May 13, 2019
The Honorable Ben Allen, Chair Senate Environmental Quality Committee State Capitol, Room 2205
Sacramento, California 95814
RE: SB 69 (Wiener): Oppose Unless Amended
Dear Senator Allen:
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 Senate Bill (SB) 69 unless it is amended to address our concerns.
SB 69 is a comprehensive bill, which includes a provision that would require the State Water Resources
Control Board (State Board) to amend the California Ocean Plan and the California Enclosed Bays and Estuaries Plan to include water quality objectives and effluent limitations that specifically addresses ocean acidification and hypoxia.
As proposed, SB 69 would require all wastewater dischargers subject to the California Ocean Plan and the California Enclosed Bays and Estuaries Plan to adopt, incorporate, or improve denitrification
protocols. The potential impact from discharges of nitrates and remediation is a complicated issue for which there is a significant amount of research currently underway and for which many technological advances are being made relative to management options. OCSD recognizes that California is best
served when environmental managers have access to holistic, science-based approaches that are effective and allow for consistency in reducing pollutants to the environment. This is especially needed and true for nutrients.
OCSD supports the approach laid out by the California Ocean Protection Council (OPC), a State agency established in 2004 to advance statewide compliance with the California Ocean Protection Act, of “…building the scientific foundation for criteria development - rather than revising criteria.” Specifically, the OPC convened a California Ocean Acidification and Hypoxia Science Task Force (OAH Task Force) in 2016 in accordance with AB 2139 to inform continued actions on ocean acidification and hypoxia in California and along the West Coast. The OAH Task Force is scheduled to deliver a summary report for the California Legislature in early 2020.
Current OPC OAH projects include development of integrated computer models for the West Coast that will evaluate nutrient discharge impacts from all sources to coastal biogeochemical cycling
processes. The model outputs will be used to determine major nutrient sources and potential impacts when nutrient loads vary. These models will help state and federal regulators make timely and informed decisions on where to regulate and to what degree.
OCSD has also been actively participating in local and regional studies to better measure and understand nutrient inputs into the coastal environment. These efforts will provide data to support OPC’s OAH projects. In addition, OCSD is evaluating and modeling the environmental effects of its outfall and proactively managing nutrient output to the ocean environment. These studies will facilitate scientific data collection and support informed management decisions.
We respectfully encourage the Senator to grant State, local, and regional agencies time to complete on-going OAH research efforts to provide science-based mitigation and adaption options. We are
pleased to note that the OPC modeling effort is progressing well and we expect the State to soon begin implementing the Task Force’s recommendations and develop policy decisions using this tool. The
wastewater industry recognizes the need to understand how nutrients from all sources are affecting our freshwater and ocean environments and OCSD is actively contributing towards greater scientific knowledge that would enable informed management decisions. By allowing these integrated research
efforts to proceed prior to enacting legislation, we believe the findings will strengthen SB 69 and promote effective ocean protection.
In the interim, California’s Regional Water Quality Control Boards (RWQCB) currently have the authority to require wastewater agencies to comply with water quality requirements and can impose requirements for planning and implementation of processes to decrease nitrogen loadings in receiving waters. As an example, San Francisco RWQCB issued the first nutrient watershed permit in 2014, with the second watershed permit planned for adoption in May 2019.
In summary, OCSD believes effective safeguards and strategies are in place to establish water quality objectives and effluent limitations that specifically address ocean acidification and hypoxia. Enacting prescriptive legislation in advance of science-based regulations may lead to unintended economic and environmental consequences. Moreover, by utilizing region-specific models to assess and mitigate OAH, the regional and local agencies can collaborate to attain greater collective knowledge and
develop integrated management strategies that would maximize benefit to stakeholders.
Based on the reasons presented above, OCSD respectfully requests that the bill be amended to
remove Section 19 relative to the denitrification protocol requirement.
Thank you for your consideration of our concerns.
Sincerely,
David John Shawver Board Chairman
AMENDED IN SENATE APRIL 11, 2019
AMENDED IN SENATE APRIL 1, 2019
AMENDED IN SENATE MARCH 6, 2019
SENATE BILL No. 69
Introduced by Senator Wiener
(Coauthors: Assembly Members Boerner Horvath and Levine)
January 9, 2019
An act to amend Sections 5930 and 6922 of, to add Section 6921.5
to, and to add and repeal Section 1127 of, the Fish and Game Code, to
add Chapter 9 (commencing with Section 39950) to Part 2 of Division
26 of the Health and Safety Code, to amend Sections 4582.71, 10001,
10004, 10005, and 71205.3 71211 of, and to add Sections 5814.5,
5818.3, 35626, 35633, 35634, and 35634 71214 to, and to add Chapter
5 (commencing with Section 35655) to Division 26.5 of, the Public
Resources Code, and to amend Section 13170.3 of, to add Sections
11916, 13170.4, 13170.4 and 13247.5 to, and to add Article 4.5
(commencing with Section 13278) to Chapter 4 of Division 7 of, the
Water Code, relating to public resources.
legislative counsel’s digest
SB 69, as amended, Wiener. Ocean Resiliency Act of 2019.
(1) Existing law requires the Fish and Game Commission to establish
fish hatcheries for the purposes of stocking the waters of California
with fish, and requires the Department of Fish and Wildlife to maintain
and operate those hatcheries.
This bill would require the department to undertake a pilot project to
assess the effectiveness of parentage-based tagging, as defined, in
improving the management of central valley Chinook salmon hatcheries
96
and in rebuilding salmon runs and the California salmon fishing industry.
The bill would make the requirement to undertake the pilot project
operative upon appropriation of funds by the Legislature for this
purpose. The bill would require the department to enter into an
agreement with the University of California, or a similar entity with a
proven record of working with parentage-based tagging, to assist in the
design, implementation, and evaluation of the pilot project. The bill
would require the department to begin implementation of the pilot
project by July 1, 2021, no later than 18 months after the operative date
of the requirement to undertake the pilot project and to conclude the
pilot project no later than 5 years after implementation of the pilot
project has begun. The bill would require the department to submit to
the Legislature a report by July 1, 2021, summarizing no later than 18
months after the operative date of the requirement to undertake the
pilot project that summarizes the progress in implementing the pilot
project and a final report no later than one year after the conclusion of
the pilot project summarizing the results of the pilot project. The bill
would make these provisions inoperative on July 1, 2028.
(2) Existing law requires the Department of Fish and Wildlife to
examine, from time to time, all dams in all rivers and streams in the
state naturally frequented by fish.
This bill would instead specify that the department is required to
undertake this duty at least every 5 years.
(3) The Salmon, Steelhead Trout, and Anadromous Fisheries Program
Act requires the Department of Fish and Wildlife, with the advice of
the Advisory Committee on Salmon and Steelhead Trout and the
Commercial Salmon Trollers Advisory Committee, to prepare and
maintain a detailed and comprehensive program composed of specified
elements for the protection and increase of salmon, steelhead trout, and
anadromous fisheries. The act requires the department to consult with
every public agency whose policies or decisions may affect the goals
of the program. The act declares it the policy of the state and the
department to encourage specified nonprofit salmon release and return
operations operated by, or on behalf of, licensed commercial salmon
fishermen for the purpose of enhancing California’s salmon populations
and increasing the salmon harvest by commercial and recreational
fishermen. The act requires the department, to the extent that funds and
personnel are available, to cooperate with fishing organizations in the
siting and establishment of those operations to ensure the protection of
natural spawning stocks of native salmon.
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— 2 — SB 69
This bill would require the department, in coordination with the
above-described advisory committees, to develop, as an element of the
program, a policy by January 1, 2022, for the use of releases, including
in-river and ocean net pen releases, of salmon produced in state managed
and comanaged hatcheries during periods of drought or in other
circumstances that result in significantly abnormal levels of mortality
during onsite releases. The bill would also require the department, no
later than January 1, 2022, in consultation with those advisory
committees, to develop and implement at least one additional
ocean-based offsite hatchery salmon release operation.
(4) Existing law requires the Director of Fish and Wildlife to identify
and list those streams and watercourses in the state, meeting designated
conditions, for which minimum flow levels need to be established in
order to assure the continued viability of stream-related fish and wildlife
resources. Existing law requires the director to prepare proposed
streamflow requirements for each identified stream or watercourse and,
upon completion of the proposed streamflow requirements for any
individual stream or watercourse, to transmit these proposed
requirements to the State Water Resources Control Board. Existing law
requires the Department of Fish and Wildlife to initiate studies to
develop those requirements for those streams or watercourses in each
fiscal year for which funds are appropriated and to complete studies on
each stream or watercourse within 3 years. Existing law declares
legislative intent that the department develop a program that will initiate
studies on at least 10 streams or watercourses in each fiscal year.
Existing law requires the department to impose and collect a filing fee
of $850 from a user of water for certain types of permit applications
filed with the state board to defray the cost of identifying streams and
providing those studies. Existing law requires the state board to forward
these fees to the department every 6 months.
This bill would name the list of streams and watercourses identified
by the director for these purposes as the California Endangered Rivers
List. The bill would require the department to develop a program that
will initiate studies on at least 3 streams or watercourses in each fiscal
year. The bill would require the department to return the filing fees
collected in a fiscal year to the state board for deposit in the Water
Rights Fund if the department fails to initiate studies on at least 3
streams or watercourses in that fiscal year.
(5) Existing law establishes the State Air Resources Board and vests
the state board with regulatory jurisdiction over air quality issues.
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SB 69 — 3 —
Existing law generally designates air pollution control and air quality
management districts (air districts) with the primary responsibility for
the control of air pollution from all sources other than vehicular sources.
This bill would require the state board, in coordination with affected
air districts along the coast and in consultation with the national marine
sanctuary program, to develop and implement a voluntary vessel speed
reduction incentive program for the Santa Barbara Channel and San
Francisco Bay area regions to reduce air pollution, the risk of fatal
vessel strikes on whales, and harmful underwater acoustic impacts. The
bill would require the state board to implement the program by May 1,
2021, and would require the state board to submit a report to the
Legislature by December 31, 2022, regarding the implementation of
the program. By adding to the duties of air districts, the bill would
impose a state-mandated local program.
(6) Existing law requires the Natural Resources Agency to update
all of the state’s existing wetlands inventory resources in order to prepare
a study to accomplish specified goals, and to report the study to the
Legislature no later than January 1, 2003.
This bill would require the agency to inventory the state’s existing
coastal wetlands resources and prepare a new study that meets these
goals, and to submit the study to the Legislature on or before January
1, 2023. The bill would require the study to be updated, at a minimum,
once every 5 years after January 1, 2023.
(7) Under existing law, the Budget Act of 2018, $6,000,000 was
appropriated to the State Coastal Conservancy for support or local
assistance to implement a beneficial reuse pilot program for dredged
sediment in the Redwood City Harbor. Under existing law, this money
is available for encumbrance or expenditure until June 30, 2020, and
for liquidation until June 30, 2023.
This bill would require the conservancy to submit a report, as
provided, to the Legislature on that pilot program on or before December
31, 2022, and, upon appropriation by the Legislature, would require the
conservancy to develop, in coordination with the United States Army
Corps of Engineers, a beneficial reuse program to place and reuse
dredged sediment for coastal wetland restoration projects.
(8) Existing law requires the Ocean Protection Council, in
consultation with the State Coastal Conservancy and other relevant
entities, to the extent funds are available from bonds or other sources,
to establish and administer the Ocean Acidification and Hypoxia
Reduction Program for the purposes of achieving specified goals.
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On or before December 1, 2022, this bill would require the council
council, in consultation with independent scientists and experts, to
submit a report, as provided, to the Legislature and relevant state entities
on the state’s progress toward meeting specified goals regarding use of
regarding the feasibility and potential of using low-trophic mariculture
to mitigate and adapt to climate change impacts, such as ocean
acidification and warming and sea level rise, acceleration of impacts
and of assisting local restoration plans to restore 8,000 acres of San
Francisco Bay shellfish, native oyster reefs, and kelp forests to sequester
carbon, combat ocean acidification, and protect shorelines from sea
level rise, and expansion of commercial low-trophic mariculture in the
state. rise. The bill would require the report to include other specified
information.
(9) Existing law, subject to the availability of funding, authorizes
the Ocean Protection Council to develop an ocean acidification and
hypoxia science task force to ensure that decisionmaking is supported
by the best available science, and requires the council to take specified
actions to address ocean acidification and hypoxia, as prescribed, and,
beginning January 1, 2018, and annually thereafter, at its first meeting
of the year, adopt recommendations for further actions that may be
taken to address ocean acidification and hypoxia.
This bill would require the council to, on or before December 31,
2020, establish a representative statewide advisory group to advise the
state on its policy, management, science, and communications priorities
and strategies to address ocean acidification and hypoxia. The bill would
require the Secretary of the Natural Resources Agency to direct the
council to, on or before December 31, 2021, conduct a statewide
vulnerability assessment to identify the risks ocean acidification poses
to the state’s biological resources, communities, and economies within
the context of other ongoing environmental changes and hazards, and
to identify priorities and options for actions to improve the state’s
adaptive capacity to address ocean acidification and hypoxia.
(10) Existing law requires the Natural Resources Agency to update
every 3 years the state’s climate adaptation strategy to identify
vulnerabilities to climate change by sectors and priority actions needed
to reduce the risks in those sectors.
This bill would require the Secretary of the Natural Resources Agency
to implement a comprehensive, coordinated, and proactive program for
ocean and coastal habitats to enhance the state’s ability to adapt to the
unavoidable impacts of climate change, as specified. The bill would
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SB 69 — 5 —
provide that these provisions shall be implemented only to the extent
that implementation of these provisions is consistent with federal law.
(11)
(10) Existing law, the Marine Invasive Species Act, requires the State
Lands Commission to adopt specified regulations that require an owner
or operator of a vessel carrying, or capable of carrying, ballast water
that operates in the waters of the state to implement and comply with
an interim performance standard, as prescribed, for specified periods
and the final performance standard for the discharge of ballast water of
zero detectable living organisms for all organism size classes by January
1, 2030. implement and administer laws regulating the uptake or
discharge of ballast water from vessels that impact marine species in
the state’s waterways. The act requires the Department of Fish and
Wildlife, in consultation with the commission and the United States
Coast Guard, to collect data necessary to establish and maintain an
inventory of the location and geographic range of nonindigenous species
in specified waters. The act requires the department to make the
inventory and accompanying analysis available to the public on or
before January 1, 2007, and to annually provide the public an update
of that inventory. The act requires the department, in consultation with
the commission and the United States Coast Guard, to assess the
effectiveness of the ballast water and biofouling controls implemented
pursuant to the act, as specified.
This bill would require the State Water Resources Control Board,
instead of the commission, to adopt these regulations, as specified.
California Water Quality Monitoring Council, instead of the department,
to perform these duties, and would require the monitoring council to
consult with State Water Resources Control Board instead of the
commission. The bill would require the monitoring council to submit
a report to the Legislature on or before December 31, 2021, assessing
the effectiveness of the ballast water and biofouling controls
implemented pursuant to the act.
This bill would establish the ballast water control technology review
panel to provide ongoing evaluation of the improvements in ballast
water control technology and the achievement of the policy objectives
of the act. The bill would require the review panel to be composed of
3 members who have technical expertise on ballast water control
technology with one member each to be appointed by the executive
officer of the State Lands Commission, the executive director of the
State Water Resources Control Board, and the executive director of the
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— 6 — SB 69
California Ocean Science Trust. The bill would require the review panel
to submit its evaluation to each of the appointing authorities on or
before January 1, 2021, and every 4 years thereafter, and to make the
evaluation publicly available on its internet website.
(12) Existing law requires the Department of Water Resources to
supervise the maintenance and operation of dams and reservoirs as
necessary to safeguard life and property. Under existing law, the
department operates the State Water Resources Development System,
also known as the State Water Project, composed of the state water
facilities, including Oroville Dam.
Existing law requires the incorporation into certain water projects of
features that the department determines necessary or desirable for the
preservation of fish and wildlife, and necessary or desirable to permit,
on a year-round basis, full utilization of the project for the enhancement
of fish and wildlife and for recreational purposes to the extent that those
features are consistent with other uses of the project, if any.
This bill would require the department to immediately reinitiate the
effort, as described in a specified proposed settlement for Oroville Dam
and related facilities, to select a final alternative and a final project
design for the retrofit of Thermalito Afterbay to improve downstream
temperature conditions on the Feather River for salmon and other
species. The bill would require, on or before March 31, 2020, the
department to appoint and convene an advisory committee to assist in
the selection of a preferred alternative and a final project design for the
Thermalito Afterbay retrofit. The bill would require the department to
annually submit a report to the Legislature regarding progress toward
the selection of a preferred alternative and a final project design for the
Thermalito Afterbay retrofit.
(13)
(11) Under existing law, the Porter-Cologne Water Quality Control
Act, the State Water Resources Control Board and the 9 California
regional water quality control boards are the principal state agencies
with responsibility for the coordination and control of water quality in
the state. The act requires the state board to formulate and adopt state
policies for water quality control and to formulate, adopt, and review
a water quality control plan for the ocean waters of the state, known as
the California Ocean Plan, and a water quality control plan for enclosed
bays and estuaries, known as the California Enclosed Bays and Estuaries
Plan, as prescribed. The act required the state board, on or before
January 1, 2013, to either amend the California Ocean Plan, or adopt
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SB 69 — 7 —
separate standards, to address water quality objectives and effluent
limitations that are specifically appropriate to brackish groundwater
treatment system facilities that produce municipal water supplies for
local use.
This bill would require the state board, on or before December 31,
2022, to amend the California Ocean Plan and the California Enclosed
Bays and Estuaries Plan to include water quality objectives and effluent
limitations that specifically address ocean acidification and hypoxia.
The bill would require the water quality objectives and effluent
limitations to include implementation provisions, including, but not
limited to, requiring all publicly operated wastewater treatment facilities
that discharge to waters subject to the plans to adopt, incorporate, or
improve denitrification protocols. By imposing additional requirements
on publicly operated wastewater treatment facilities, the bill would
impose a state-mandated local program. The bill would also require the
state board to rescind a specified resolution relating to the California
Ocean Plan.
(14)
(12) Existing law establishes the Marine Managed Areas
Improvement Act, which, among other things, prescribes 6
classifications for designating managed areas in the marine and estuarine
environments to ensure the long-term ecological viability and biological
productivity of marine ecosystems and to preserve cultural resources
in the coastal sea, including state water quality protection areas. The
act defines state water quality protection areas for the purposes of the
act as including areas of special biological significance.
This bill would prohibit waste from being discharged into areas of
special biological significance, as provided. The bill would authorize
the California regional water quality control boards, notwithstanding
that prohibition, to approve waste discharge requirements or water
quality certifications for limited-term activities in areas of special
biological significance in accordance with specified conditions. The
bill would require the State Water Resources Control Board to provide
guidance to the regional boards on how to designate state water quality
protection areas and would require a regional board to designate one
state water quality protection area annually until all marine protected
areas in the regional board’s jurisdiction have an associated state water
quality protection area.
(15)
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(13) The Z’berg-Nejedly Forest Practice Act of 1973 prohibits a
person from conducting timber operations unless a timber harvesting
plan prepared by a registered professional forester has been submitted
to, and approved by, the Department of Forestry and Fire Protection.
The act requires the department, upon receipt of a timber harvesting
plan, to transmit a copy to, among other entities, the appropriate
California regional water quality control board, and prohibits a timber
harvesting plan from being approved if the appropriate regional board
finds, based on substantial evidence, that the timber operations proposed
in the plan will result in a discharge into a watercourse that has been
classified as impaired due to sediment pursuant to federal law, that
causes or contributes to a violation of the regional water quality control
plan. The act requires the State Board of Forestry and Fire Protection
to adopt district forest practice rules and regulations, as provided, to
ensure the continuous growing and harvesting of commercial forest tree
species and to protect the soil, air, fish, wildlife, and water resources.
Under the Porter-Cologne Water Quality Control Act, the State Water
Resources Control Board and the regional boards prescribe waste
discharge requirements for the discharge of waste that could affect the
quality of the waters of the state.
This bill would instead prohibit a timber harvesting plan from being
approved unless the appropriate regional board finds that the timber
operations proposed in the plan will not result in a significant discharge
into a watercourse that has been classified as impaired due to sediment
pursuant to federal law, that causes or contributes to a violation of the
regional water quality control plan, basin plan, approved total maximum
daily load requirement, or approved waste discharge requirement.
The bill would impose various forest practice requirements on a person
who discharges sediment into a Class I, II, or III watercourse pursuant
to a timber harvesting plan and would require the regional boards to
incorporate those requirements into any applicable waste discharge
requirements to manage controllable sources of sediment, achieve water
quality objectives, and protect beneficial uses. The bill would provide
that any requirements in the forest practice rules adopted by the State
Board of Forestry and Fire Protection that contain more stringent
sediment control standards shall prevail over the requirements
established in the bill, and would incorporate definitions from the forest
practice rules and regulations into the bill’s provisions. The bill would
limit the application of these forest practice requirements to fish-bearing
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SB 69 — 9 —
watercourses or watercourses that have historically been fish-bearing
watercourses.
The bill would require a regional board, upon receipt of a timber
harvesting plan submitted by the Department of Forestry and Fire
Protection, to expeditiously review the plan for consistency with any
applicable regional water quality control plan, basin plan, approved
total maximum daily load requirement, or approved waste discharge
requirement, and to notify the department of any inconsistencies it finds.
(16)
(14) 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. This act shall be known, and may be cited, as the
line 2 Ocean Resiliency Act of 2019.
line 3 SEC. 2. The Legislature finds and declares all of the following:
line 4 (a) Coastal and ocean ecosystems are significantly impacted by
line 5 climate change, which harms the industries and communities that
line 6 depend on those ecosystems. These effects are expected to worsen
line 7 without immediate and sustained action.
line 8 (b) Ocean acidification, hypoxia, and other changing ocean
line 9 conditions in California waters present a significant and direct
line 10 threat to marine life and ecosystems, fisheries, and farmed shellfish,
line 11 negatively impact many shell-forming species, including oysters,
line 12 mussels, abalone, crabs, and the microscopic plankton that form
line 13 the base of the oceanic food chain, and cause significant changes
line 14 in behavior and physiology of fish and invertebrates.
line 15 (c) Scientific evidence suggests that well-designed marine
line 16 protected area networks can contribute to the protection and
line 17 resilience of marine species as ocean conditions change. California
line 18 has invested significant resources in establishing a globally
line 19 recognized marine protected area network, which protects marine
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line 1 species and habitats, and safeguards California’s coastal resources
line 2 and economy.
line 3 (d) It is the policy of the state that the protection, enhancement,
line 4 and management of coastal and ocean resources and anadromous
line 5 fishery resources are critical to enhance climate resiliency and to
line 6 improve the state’s ability to mitigate and adapt to the impacts of
line 7 climate change. The protection, enhancement, and management
line 8 of physical, biological, and chemical function of these resources
line 9 can result in enhanced ecosystem function and carbon
line 10 sequestration, which removes carbon from the atmosphere, while
line 11 reducing ocean acidification and other harmful changes to ocean
line 12 chemistry.
line 13 (e) The protection of riparian areas that facilitate the growth of
line 14 anadromous fisheries is critically important for ocean and coastal
line 15 ecosystem health and resilience. Most of the rivers in the State of
line 16 California are known to be impaired by sediment pollution, and
line 17 research and scientific evidence demonstrate that inappropriate
line 18 timber harvesting practices are responsible for extensive water
line 19 quality impairment due to ineffective and inconsistent oversight.
line 20 (f) Enhancing the resilience of coastal and ocean resources
line 21 provides multiple public benefits, including, but not limited to,
line 22 assisting with adaptation to the impacts of climate change,
line 23 improving water quality and ecosystem health, conserving public
line 24 trust fisheries resources, improving coastal economies, and helping
line 25 communities become more resilient to climate change impacts.
line 26 (g) The state has an interest in protecting California waters
line 27 from environmental impacts that would result from the continued
line 28 introduction of nonnative marine and freshwater organisms by
line 29 ships’ ballast water discharges; in protecting the state’s water
line 30 supply system from disruptions and impediments that may result
line 31 from those introductions; and in protecting California’s
line 32 commercial and recreational fishing industries and agricultural
line 33 industries from direct and indirect economic impacts that may
line 34 result from those introductions. The state also has an interest in
line 35 protecting California residents from infection by emerging strains
line 36 of waterborne diseases and parasites, such as from the introduction
line 37 of nonnative protozoans, bacteria, or viruses into California’s
line 38 marine and coastal waters by way of ships’ ballast water
line 39 discharges, including, but not limited to, ballast water discharges
line 40 into the Sacramento and San Joaquin Rivers and the
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SB 69 — 11 —
line 1 Sacramento-San Joaquin Delta, which serve as the source of
line 2 drinking water for tens of millions of Californians. However, recent
line 3 federal legislation prohibits California from implementing ballast
line 4 water discharge standards that are more stringent than federal
line 5 discharge standards that the United States Environmental
line 6 Protection Agency (EPA) has been directed to develop by
line 7 December 2020.
line 8 (h) Furthermore, the state has an interest in assisting and
line 9 encouraging the United States EPA to develop discharge standards
line 10 that are based on the most effective water and wastewater
line 11 treatment technologies and practices available.
line 12 (i) It is therefore the intent of the Legislature to encourage the
line 13 development and adoption of the most effective possible federal
line 14 ballast water discharge standards, including standards that are
line 15 as stringent as the state’s existing performance standards under
line 16 the Marine Invasive Species Act (Division 36 (commencing with
line 17 Section 71200) of the Public Resources Code). It is the intent of
line 18 the Legislature that this effort shall include analyzing and
line 19 determining what are the most effective discharge standards to
line 20 protect the environment and public health that available
line 21 technologies and practices can achieve; communicating this
line 22 analysis and determination to the United States EPA; advocating
line 23 for the adoption of these standards by the United States EPA; and
line 24 considering legal options available to the state to compel the
line 25 United States EPA to adopt these standards or to enable the state
line 26 to implement these standards, or both.
line 27 (j) It is also the intent of the Legislature to provide for an
line 28 independent review of key elements of the state’s marine invasive
line 29 species program and to make other changes to update and clarify
line 30 the state program and address changes in federal law.
line 31 SEC. 3. Section 1127 is added to the Fish and Game Code, to
line 32 read:
line 33 1127. (a) The department shall undertake a pilot project to
line 34 assess the effectiveness of parentage-based tagging, as defined in
line 35 subdivision (k), in improving the management of central valley
line 36 Chinook salmon hatcheries and in rebuilding salmon runs and the
line 37 California salmon fishing industry.
line 38 (b) The pilot project shall do all of the following:
line 39 (1) Include the development and implementation of a genetic
line 40 testing protocol using parentage-based tagging to provide data
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line 1 required to evaluate and improve hatchery and salmon
line 2 management.
line 3 (2) Compare parentage-based tagging with the current tagging
line 4 technologies used by central valley hatcheries.
line 5 (3) Evaluate the extent to which parentage-based tagging can
line 6 increase the flexibility of hatchery managers to release juvenile
line 7 salmon at optimal times.
line 8 (4) Evaluate whether earlier releases of hatchery-spawned
line 9 juvenile salmon during high river flows can significantly increase
line 10 the survival of juvenile hatchery salmon, both to increase spawning
line 11 populations and to benefit the sport and commercial salmon fishing
line 12 industry.
line 13 (5) Include the genetic testing of adult salmon, maintenance of
line 14 a database of adult salmon that have been genetically tested, and
line 15 analysis of the results of the pilot project.
line 16 (6) Make data and analysis completed for the pilot project
line 17 publicly available in a timely manner on an internet website.
line 18 (c) The department shall enter into an agreement with the
line 19 University of California, or a similar entity with a proven record
line 20 of working with parentage-based tagging, to assist in the design,
line 21 implementation, and evaluation of the pilot project. This
line 22 subdivision shall apply to the University of California only if the
line 23 Regents of the University of California, by resolution, make it
line 24 applicable to the university.
line 25 (d) The department shall begin implementation of the pilot
line 26 project by July 1, 2021. no later than 18 months after the operative
line 27 date of this section. The pilot project shall conclude no later than
line 28 five years after implementation of the pilot project has begun.
line 29 (e) The department shall select the central valley hatchery or
line 30 hatcheries to be included in the pilot project. The department may
line 31 modify hatchery facilities and operations as required to implement
line 32 the pilot project.
line 33 (f) The department may collaborate with federal hatchery
line 34 managers in designing and implementing the pilot project.
line 35 (g) The pilot project shall not include the use of parentage-based
line 36 tagging to manage salmon fisheries.
line 37 (h) The department shall form an advisory committee for the
line 38 pilot project, including scientists and representatives from salmon
line 39 fishing community nongovernmental organizations. The department
line 40 and the entity that the department enters into an agreement with
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SB 69 — 13 —
line 1 pursuant to subdivision (c) shall consult with the advisory
line 2 committee during the design, implementation, and evaluation of
line 3 the pilot project.
line 4 (i) (1) (A) No later than July 1, 2021, 18 months after the
line 5 operative date of this section, the department shall submit a report
line 6 to the Legislature summarizing the progress in implementing the
line 7 pilot project.
line 8 (B) No later than one year after the conclusion of the pilot
line 9 project, the department shall submit a final report to the Legislature
line 10 that summarizes the results of the pilot project, including potential
line 11 benefits for juvenile salmon survival and the salmon fishing
line 12 industry, and includes recommendations, as appropriate, to expand
line 13 the use of parentage-based tagging and to modify the use of
line 14 existing tagging technology. Before submitting the final report to
line 15 the Legislature, the department shall submit a copy of the final
line 16 draft to the advisory committee formed pursuant to subdivision
line 17 (h) and provide the advisory committee an opportunity to review
line 18 and provide comments on the final draft. The department may take
line 19 the advisory committee’s comments into consideration and may
line 20 revise the final draft based on those comments before submitting
line 21 the final report to the Legislature.
line 22 (2) The reports to be submitted pursuant to paragraph (1) shall
line 23 be submitted in compliance with Section 9795 of the Government
line 24 Code.
line 25 (j) It is the intent of the Legislature that the cost of the pilot
line 26 project shall be shared equally between the department and the
line 27 contractors of the State Water Project.
line 28 (k) For purposes of this section, “parentage-based tagging”
line 29 means a genetic-based fish tagging method that involves DNA
line 30 testing of broodstock whereby parent fish used for hatchery
line 31 production are genetically sampled at spawning, allowing the
line 32 parentage of adult salmon to be determined when they are harvested
line 33 in the recreational or commercial fisheries, or after they return to
line 34 spawn.
line 35 (l) This section shall become operative upon appropriation of
line 36 funds by the Legislature to the department to undertake the pilot
line 37 program described in this section.
line 38 (l)
line 39 (m) This section shall become inoperative on July 1, 2028, and,
line 40 as of January 1, 2029, is repealed.
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line 1 SEC. 4. Section 5930 of the Fish and Game Code is amended
line 2 to read:
line 3 5930. The department shall, at least every five years, examine
line 4 all dams in all rivers and streams in this state naturally frequented
line 5 by fish.
line 6 SEC. 5. Section 6921.5 is added to the Fish and Game Code,
line 7 to read:
line 8 6921.5. No later than January 1, 2022, the department shall,
line 9 in consultation with the Advisory Committee on Salmon and
line 10 Steelhead Trout and the Commercial Salmon Trollers Advisory
line 11 Committee, develop and implement at least one additional
line 12 ocean-based offsite hatchery salmon release operation.
line 13 SEC. 6. Section 6922 of the Fish and Game Code is amended
line 14 to read:
line 15 6922. The program shall include, but is not limited to, all of
line 16 the following elements:
line 17 (a) Identification of streams where the natural production of
line 18 salmon and steelhead trout can be increased primarily through the
line 19 improvement of stream and streambank conditions without effect
line 20 on land ownership, land use practices, or changes in streamflow
line 21 operations.
line 22 (b) Identification of streams where the natural production of
line 23 salmon and steelhead trout can be increased only through the
line 24 improvement of land use practices or changes in streamflow
line 25 operations.
line 26 (c) Identification of streams where the protection of, and increase
line 27 in, salmon and steelhead trout resources require, as a result of
line 28 significant prior loss of stream habitat, the construction of artificial
line 29 propagation facilities.
line 30 (d) A program element for evaluating the effectiveness of the
line 31 program.
line 32 (e) Recommendations for an organizational structure, staffing,
line 33 budgeting, long-term sources of funding, changes in state statutes
line 34 and regulations and federal and local government policy and such
line 35 other administrative and legislative actions as the department finds
line 36 to be necessary to accomplish the purposes of this chapter.
line 37 (f) Identification of measures to protect and increase the
line 38 production of other anadromous fisheries consistent with policies
line 39 set forth in Section 6902.
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SB 69 — 15 —
line 1 (g) Identification of alternatives to, or mitigation of, manmade
line 2 factors which cause the loss of juvenile and adult fish in
line 3 California’s stream system.
line 4 (h) Development of a policy by January 1, 2022, for the use of
line 5 releases, including in-river and ocean net pen releases, of salmon
line 6 produced in state managed and comanaged hatcheries during
line 7 periods of drought or in other circumstances that result in
line 8 significantly abnormal levels of mortality during onsite releases.
line 9 In developing this policy, the department shall coordinate with the
line 10 Advisory Committee on Salmon and Steelhead Trout and the
line 11 Commercial Salmon Trollers Advisory Committee and may
line 12 coordinate with other state agencies, the United States Fish and
line 13 Wildlife Service, and the National Marine Fisheries Service.
line 14 SEC. 7. Chapter 9 (commencing with Section 39950) is added
line 15 to Part 2 of Division 26 of the Health and Safety Code, to read:
line 16
line 17 Chapter 9. Voluntary Vessel Speed Reduction Incentive
line 18 Program
line 19
line 20 39950. (a) The state board shall, in coordination with affected
line 21 districts along the coast and in consultation with the national marine
line 22 sanctuary program, develop and implement a voluntary vessel
line 23 speed reduction incentive program for the Santa Barbara Channel
line 24 and San Francisco Bay area regions to reduce air pollution, the
line 25 risk of fatal vessel strikes on whales, and harmful underwater
line 26 acoustic impacts.
line 27 (b) As part of the program, the state board shall do, or provide
line 28 grants for, all of the following:
line 29 (1) Collect data on ship speeds along the California coast in
line 30 order to analyze the program for future refinement or expansion,
line 31 or both.
line 32 (2) Provide financial incentives to program participants during
line 33 peak ozone and whale seasons.
line 34 (3) Provide financial incentives to program participants based
line 35 on percent of distance traveled by a participating vessel through
line 36 a vessel speed reduction zone established by the state board at 10
line 37 knots or less.
line 38 (c) The state board may impose additional qualifying criteria
line 39 on individual transit speeds, for example, maximum speed in transit
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— 16 — SB 69
line 1 or maximum transit average speed, in order to receive financial
line 2 incentives under the program.
line 3 (d) The state board shall provide financial incentives pursuant
line 4 to this section upon appropriation by the Legislature of funds made
line 5 available for this program.
line 6 (e) The state board shall implement the program by May 1,
line 7 2021, and report to the Legislature regarding the implementation
line 8 of the program by December 31, 2022. The report required by this
line 9 subdivision shall be submitted in compliance with Section 9795
line 10 of the Government Code.
line 11 SEC. 8. Section 4582.71 of the Public Resources Code is
line 12 amended to read:
line 13 4582.71. (a) A timber harvesting plan shall not be approved
line 14 unless the appropriate regional water quality control board finds
line 15 that the timber operations proposed in the plan will not result in a
line 16 significant discharge into a watercourse that has been classified
line 17 as impaired due to sediment, pursuant to subsection (d) of Section
line 18 303 of the Federal Water Pollution Control Act, that causes or
line 19 contributes to a violation of the regional water quality control plan,
line 20 basin plan, approved total maximum daily load requirement, or
line 21 approved waste discharge requirement.
line 22 (b) The exercise of a regional water quality control board’s
line 23 authority pursuant to subdivision (a) may be delegated to the
line 24 executive officer of that regional water quality control board as
line 25 long as the executive officer’s determination is subject to review
line 26 by that regional water quality control board upon request of the
line 27 person that has submitted the timber harvesting plan or upon
line 28 motion of that regional water quality control board.
line 29 (c) If the appropriate regional water quality control board makes
line 30 a finding that a timber harvesting plan will result in a discharge
line 31 into a watercourse that has been classified as impaired due to
line 32 sediment, pursuant to subsection (d) of Section 303 of the Federal
line 33 Water Pollution Control Act, that causes or contributes to a
line 34 violation of the regional water quality control plan, basin plan,
line 35 approved total maximum daily load requirement, or approved
line 36 waste discharge requirement, the executive officer of that regional
line 37 water quality control board shall, before the close of the public
line 38 comment period under Section 4582.7, notify the director in writing
line 39 of the finding and advise the director that the timber harvesting
line 40 plan shall not be approved. If the issues that lead to a regional
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SB 69 — 17 —
line 1 water quality control board’s finding pursuant to subdivision (a)
line 2 cannot be resolved during the director’s determination period under
line 3 Section 4582.7 or a longer period that is mutually agreeable to the
line 4 director and the person that submitted the timber harvesting plan,
line 5 the director shall deny the timber harvesting plan and return the
line 6 plan to the person that submitted it. The director shall advise the
line 7 person that submitted the timber harvesting plan of the reasons
line 8 why the plan is being returned.
line 9 SEC. 9. Section 5814.5 is added to the Public Resources Code,
line 10 to read:
line 11 5814.5. (a) It is the policy of the state that all state government
line 12 coastal wetland programs and policies ensure an overall net gain
line 13 of coastal wetlands.
line 14 (b) The agency shall inventory the state’s existing coastal
line 15 wetlands resources and prepare a study that meets the goals
line 16 specified in paragraphs (1) to (8), inclusive, of subdivision (a) of
line 17 Section 5814. On or before January 1, 2023, the agency shall
line 18 submit the study to the Legislature, pursuant to Section 9795 of
line 19 the Government Code. The agency, in coordination with the State
line 20 Coastal Conservancy, the Department of Fish and Wildlife, and
line 21 the state’s wetland and riparian area monitoring program and
line 22 surface water ambient monitoring program, shall include both of
line 23 the following in the study:
line 24 (1) A determination of a baseline for coastal wetlands, including
line 25 intertidal and subtidal eelgrass beds.
line 26 (2) An implementation plan to achieve an annual net gain of
line 27 ecologically functioning coastal wetlands within the state.
line 28 (c) The agency shall update the study described in subdivision
line 29 (b), at a minimum, once every five years after January 1, 2023.
line 30 (d) For purposes of this section, “coastal wetlands” means lands
line 31 within the coastal zone that may be covered periodically or
line 32 permanently with shallow water and includes saltwater marshes,
line 33 freshwater marshes, open or closed brackish water marshes,
line 34 swamps, mudflats, and fens.
line 35 SEC. 10. Section 5818.3 is added to the Public Resources Code,
line 36 to read:
line 37 5818.3. (a) On or before December 31, 2022, the State Coastal
line 38 Conservancy shall submit a report to the Legislature, pursuant to
line 39 Section 9795 of the Government Code, on the conservancy’s
line 40 beneficial reuse pilot program for dredged sediment in Redwood
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line 1 City Harbor that received six million dollars ($6,000,000) pursuant
line 2 to Item 3760-101-0001 of Section 2.00 of Chapter 29 of the
line 3 Statutes of 2018. The report shall include how these funds were
line 4 used, how these funds were leveraged with federal partnerships,
line 5 the benefits obtained by the pilot program, budget estimates to
line 6 make the pilot program permanent, and recommendations to the
line 7 Legislature on how to improve the pilot program.
line 8 (b) Upon appropriation by the Legislature, the State Coastal
line 9 Conservancy, in partnership with the United States Army Corps
line 10 of Engineers, shall develop a beneficial reuse program to place
line 11 and reuse dredged sediment for coastal wetland restoration projects.
line 12 SEC. 11. Section 10001 of the Public Resources Code is
line 13 amended to read:
line 14 10001. The Director of Fish and Wildlife shall establish a
line 15 California Endangered Rivers List. The director shall identify and
line 16 include in the California Endangered Rivers List those streams
line 17 and watercourses throughout the state for which minimum flow
line 18 levels need to be established in order to assure the continued
line 19 viability of stream-related fish and wildlife resources. The director
line 20 shall include in the California Endangered Rivers List those streams
line 21 and watercourses the director determines are significant, along
line 22 with a statement of findings as to why that stream or watercourse
line 23 was selected. The California Endangered Rivers List required by
line 24 this section shall rank the streams and watercourses beginning
line 25 with those where the need for establishing minimum flow levels
line 26 is the greatest. The director may revise the California Endangered
line 27 Rivers List and may add or delete streams or watercourses as
line 28 circumstances require. The director shall annually post the
line 29 California Endangered Rivers List on the Department of Fish and
line 30 Wildlife’s internet website.
line 31 SEC. 12. Section 10004 of the Public Resources Code is
line 32 amended to read:
line 33 10004. The Department of Fish and Wildlife shall initiate
line 34 studies to develop proposed streamflow requirements for those
line 35 streams or watercourses in each fiscal year for which funds are
line 36 appropriated from revenues from fees imposed pursuant to Section
line 37 10005 and shall complete studies on each stream or watercourse
line 38 within three years. The department shall develop a program that
line 39 will initiate studies on at least three streams or watercourses in
line 40 each fiscal year.
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line 1 SEC. 13. Section 10005 of the Public Resources Code is
line 2 amended to read:
line 3 10005. (a) The Department of Fish and Wildlife shall impose
line 4 and collect a filing fee of eight hundred fifty dollars ($850) to
line 5 defray the costs of identifying streams and providing studies
line 6 pursuant to this division.
line 7 (b) The filing fee shall be proportional to the cost incurred by
line 8 the Department of Fish and Wildlife and shall be annually reviewed
line 9 and adjustments recommended to the Legislature in an amount
line 10 necessary to pay the costs of the Department of Fish and Wildlife
line 11 as specified in subdivision (a).
line 12 (c) Any user of water, including a person or entity holding
line 13 riparian or appropriative rights, shall pay the filing fee to the
line 14 Department of Fish and Wildlife upon application to the State
line 15 Water Resources Control Board for any permit, transfer, extension,
line 16 or change of point of diversion, place of use, or purpose of use, if
line 17 there is a diversion of water from any waterway where fish reside.
line 18 No permit, or other entitlement identified in this section, is effective
line 19 until the filing fee is paid. The State Water Resources Control
line 20 Board shall, every six months, forward all fees collected to the
line 21 Department of Fish and Wildlife and provide the location for each
line 22 entitlement for which a filing fee has been collected.
line 23 (d) The fee imposed by this section shall not be imposed on the
line 24 following applications filed with the State Water Resources Control
line 25 Board:
line 26 (1) Small domestic use registrations and livestock stockpond
line 27 certificates submitted pursuant to Article 2.7 (commencing with
line 28 Section 1228) of Chapter 1 of Part 2 of Division 2 of the Water
line 29 Code.
line 30 (2) The first application for an extension of time for an
line 31 individual permit if no change in point of diversion, place of use,
line 32 or purpose of use is included in the application.
line 33 (3) Water applications that, in the opinion of the Department
line 34 of Fish and Wildlife, are filed for administrative and technical
line 35 clarification purposes only.
line 36 (4) Water applications or petitions, the primary purpose of which
line 37 is to benefit fish and wildlife resources. The determination of the
line 38 benefit to fish and wildlife shall be made, in writing, by the
line 39 Department of Fish and Wildlife in order to be exempt from the
line 40 fee.
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line 1 (e) If an applicant or petitioner files multiple applications or
line 2 petitions for the same appropriation, transfer, extension, or change,
line 3 and the State Water Resources Control Board reviews and
line 4 considers the applications or petitions together, only one filing fee
line 5 is required for those applications or petitions.
line 6 (f) If the Department of Fish and Wildlife fails to initiate studies
line 7 for at least three streams or watercourses in a fiscal year in
line 8 accordance with Section 10004, the Department of Fish and
line 9 Wildlife shall return any filing fees received pursuant to
line 10 subdivision (c) for that fiscal year to the State Water Resources
line 11 Control Board. The State Water Resources Control Board shall
line 12 deposit any funds received pursuant to this subdivision in the Water
line 13 Rights Fund and may use those funds, upon appropriation by the
line 14 Legislature, for the purposes specified in Section 1257.5 of the
line 15 Water Code.
line 16 SEC. 14. Section 35626 is added to the Public Resources Code,
line 17 to read:
line 18 35626. (a) On or before December 1, 2022, the council shall
line 19 submit a report to the Legislature, pursuant to Section 9795 of the
line 20 Government Code, and relevant state entities on the state’s progress
line 21 toward meeting the following goals:
line 22 (1) Using low-trophic mariculture, such as shellfish, kelp, and
line 23 seaweed production, to mitigate and adapt to climate change
line 24 impacts, such as ocean acidification and warming and sea level
line 25 rise.
line 26 (2) Accelerating local restoration plans to restore 8,000 acres
line 27 of San Francisco Bay shellfish, native oyster reefs, and kelp forests
line 28 to sequester carbon, combat ocean acidification, and protect
line 29 shorelines in the face of sea level rise.
line 30 (3) Expanding commercial low-trophic mariculture in the state.
line 31 (b) The report described in subdivision (a) shall include, at a
line 32 minimum, all of the following:
line 33 (1) A report on the state’s progress toward meeting the goals
line 34 described in paragraphs (1) to (3), inclusive, of subdivision (a) and
line 35 the main barriers to reaching these goals both statewide and within
line 36 the state’s regions.
line 37 (2) Consideration of the beneficial use of low-trophic
line 38 mariculture systems to help address ocean acidification, habitat
line 39 loss, nitrification, and pollution; movement of marine sediments,
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SB 69 — 21 —
line 1 sea level rise, and storm preparedness; and food security and access
line 2 to farming opportunities.
line 3 (3) A discussion of potential improvements to the current
line 4 leasing, permitting, and oversight processes in connection with
line 5 the low-trophic mariculture industry, including, but not limited to,
line 6 all of the following:
line 7 (A) The potential of pilot programs to test such potential
line 8 improvements.
line 9 (B) Increased funding to relevant agencies and the feasibility
line 10 of transitioning to a fee-for-service model in different aspects of
line 11 the low-trophic mariculture industry.
line 12 (C) The increased use of experimental or proof-of-concept
line 13 permits.
line 14 (D) Improved federal partnerships.
line 15 (E) Development of a single permit application process.
line 16 (4) Workforce development and access to capital among
line 17 potential mariculturalists.
line 18 (5) Ultimate potential size and scope of the low-trophic
line 19 mariculture industry, both statewide and within the state’s regions,
line 20 and future goal setting.
line 21 SEC. 14. Section 35626 is added to the Public Resources Code,
line 22 to read:
line 23 35626. (a) On or before December 1, 2022, the council, in
line 24 consultation with independent scientists and experts, shall submit
line 25 a report to the Legislature, pursuant to Section 9795 of the
line 26 Government Code, and relevant state entities regarding the
line 27 feasibility and potential of all of the following:
line 28 (1) Using low-trophic mariculture, such as shellfish, kelp, and
line 29 seaweed production, to mitigate and adapt to climate change
line 30 impacts, such as ocean acidification and warming, and sea level
line 31 rise. The council shall, as appropriate, incorporate into the report
line 32 an analysis of the full carbon and nitrogen lifecycle of low-trophic
line 33 mariculture and an economic analysis of low-trophic mariculture
line 34 and shall, as appropriate, include in the report quantitative
line 35 estimates of carbon sequestration, reduction in ocean acidification,
line 36 ecosystem benefits, and shoreline protection. The council shall
line 37 identify in the report gaps in scientific knowledge necessary to
line 38 fully evaluate the activities described in this paragraph.
line 39 (2) Assisting local restoration plans to restore 8,000 acres of
line 40 San Francisco Bay shellfish, native oyster reefs, and kelp forests
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line 1 to, where feasible, sequester carbon and combat ocean
line 2 acidification, as well as protect shorelines in the face of sea level
line 3 rise.
line 4 (b) The report described in subdivision (a) shall also include
line 5 all of the following:
line 6 (1) A report on the state’s progress toward meeting the goals
line 7 described in paragraphs (1) and (2) of subdivision (a) and the
line 8 main barriers to reaching these goals both statewide and within
line 9 the state’s regions.
line 10 (2) An objective analysis of whether the use of low-trophic
line 11 mariculture systems may help address any of following:
line 12 (A) Ocean acidification, habitat loss, nitrification, and pollution.
line 13 (B) Movement of marine sediments, sea level rise, and storm
line 14 preparedness.
line 15 (C) Food security and access to farming opportunities.
line 16 (3) The ultimate potential size and scope of the low-trophic
line 17 mariculture industry, both statewide and within the state’s regions,
line 18 and future goal setting with regard to low-trophic mariculture.
line 19 SEC. 15. Section 35633 is added to the Public Resources Code,
line 20 to read:
line 21 35633. On or before December 31, 2020, the council shall
line 22 establish a representative statewide advisory group that includes
line 23 the diverse interests that will affect and be affected by ocean
line 24 acidification and technical and policy experts, including fishing,
line 25 aquaculture, agriculture, Indian tribes, municipalities, counties,
line 26 water management, conservation, and wastewater treatment experts,
line 27 representatives of relevant state and, if possible, federal agencies,
line 28 and scientists from relevant disciplines. The statewide advisory
line 29 group shall advise the state on its policy, management, science,
line 30 and communications priorities and strategies to address ocean
line 31 acidification and hypoxia.
line 32 SEC. 16. Section 35634 is added to the Public Resources Code,
line 33 to read:
line 34 35634. The Secretary of the Natural Resources Agency shall
line 35 direct the council to, on or before December 31, 2021, conduct a
line 36 statewide vulnerability assessment to identify the risks ocean
line 37 acidification poses to the state’s biological resources, communities,
line 38 and economies within the context of other ongoing environmental
line 39 changes and hazards, and to identify priorities and options for
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line 1 action to improve the state’s adaptive capacity to address ocean
line 2 acidification and hypoxia.
line 3 SEC. 17. Chapter 5 (commencing with Section 35655) is added
line 4 to Division 26.5 of the Public Resources Code, to read:
line 5
line 6 Chapter 5. Natural Resources Agency Blue Carbon
line 7 Strategy
line 8
line 9 35655. This chapter shall be known, and may be cited, as the
line 10 Natural Resources Agency Blue Carbon Strategy.
line 11 35656. For purposes of this chapter, “secretary” means the
line 12 Secretary of the Natural Resources Agency.
line 13 35657. (a) The secretary shall implement a comprehensive,
line 14 coordinated, and proactive program for ocean and coastal habitats
line 15 to enhance the state’s ability to adapt to the unavoidable impacts
line 16 of climate change, with a special focus on vulnerable communities,
line 17 ecological habitats, and industries that are disproportionately
line 18 affected by climate change.
line 19 (b) In implementing the program described in subdivision (a),
line 20 the secretary shall emphasize a blue carbon strategy to improve
line 21 ocean and coastal habitats and ecosystems’ abilities to sequester
line 22 carbon, especially by ensuring a healthy biomass of ocean
line 23 vegetation and associated food webs. The strategy shall include,
line 24 at a minimum, policies that identify and reduce ocean acidification
line 25 hot spots, improve water quality in the state’s marine protected
line 26 areas, improve the ecological health of coastal ecosystems, remove
line 27 barriers to improve river flows, and protect and restore ocean and
line 28 coastal vegetated habitats that are important for carbon storage,
line 29 including coastal marshes, seagrass meadows, and kelp forests.
line 30 (c) To maximize impact and coordination, the secretary shall
line 31 coordinate with, among other entities, the State Air Resources
line 32 Board, the California Environmental Protection Agency, the
line 33 council, the Office of Planning and Research, the State Water
line 34 Resources Control Board, and appropriate state conservancies to
line 35 implement this section.
line 36 35658. The secretary shall use the best available science,
line 37 including the following plans or reports, to implement this chapter:
line 38 (a) The plan adopted pursuant to Section 71153.
line 39 (b) The California Ocean Acidification Action Plan developed
line 40 pursuant to subdivision (b) of Section 35631.
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line 1 (c) The California’s Fourth Climate Change Assessment report.
line 2 (d) The Readying California Fisheries for Climate Change
line 3 report.
line 4 35659. To maximize the impact, coordination, and efficient
line 5 implementation of this chapter, the secretary shall do all of the
line 6 following:
line 7 (a) Coordinate with the Governor’s cabinet members to
line 8 implement this chapter.
line 9 (b) Communicate and enter into agreements with other states
line 10 and international coalitions to further the policies of this chapter.
line 11 (c) Upon appropriation by the Legislature of funds under
line 12 Chapter 4.1 (commencing with Section 39710) of Part 2 of Division
line 13 26 of the Health and Safety Code, direct the State Coastal
line 14 Conservancy to work with other state conservancies and the State
line 15 Water Resources Control Board to develop and implement a
line 16 climate resiliency grant program to assist with the implementation
line 17 of this chapter.
line 18 (d) Use information and resources made available pursuant to
line 19 Section 71360.
line 20 (e) On or before March 31, 2021, and on or before March 31
line 21 of every year thereafter, present progress on implementation of
line 22 this chapter to appropriate policy and budget committees of the
line 23 Legislature.
line 24 (f) Support efforts of, and coordinate with, the Department of
line 25 Fish and Wildlife, the Department of Water Resources, and the
line 26 State Water Resources Control Board to support healthy riparian
line 27 corridors that improve water quality, water flow, and enhanced
line 28 species protections.
line 29 (g) Work with the council to implement the California Ocean
line 30 Acidification Action Plan developed pursuant to subdivision (b)
line 31 of Section 35631.
line 32 (h) Identify and suggest regulatory and statutory changes
line 33 required to minimize existing policies that reduce the ability for
line 34 the coast and ocean ecosystems to adapt to climate change.
line 35 35660. The provisions of this chapter shall be implemented
line 36 only to the extent that implementation of the provisions of this
line 37 chapter is consistent with federal law.
line 38 SEC. 18. Section 71205.3 of the Public Resources Code is
line 39 amended to read:
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SB 69 — 25 —
line 1 71205.3. (a) The board shall adopt regulations that do all of
line 2 the following:
line 3 (1) Except as provided in Section 71204.7, require an owner or
line 4 operator of a vessel carrying, or capable of carrying, ballast water
line 5 that operates in the waters of the state to implement the interim
line 6 performance standards for the discharge of ballast water
line 7 recommended in accordance with Table x-1 of the California State
line 8 Lands Commission Report on Performance Standards for Ballast
line 9 Water Discharges in California Waters, as approved by the
line 10 commission on January 26, 2006.
line 11 (2) Except as provided in Section 71204.7, require an owner or
line 12 operator of a vessel carrying, or capable of carrying, ballast water
line 13 that operates in the waters of the state to comply with the interim
line 14 performance standards by the applicable following date:
line 15 (A) Upon first arrival at a California port for new vessels
line 16 constructed on or after January 1, 2021.
line 17 (B) As of the first scheduled drydocking on or after January 1,
line 18 2021, for all other vessels.
line 19 (3) Notwithstanding Section 71204.7, require an owner or
line 20 operator of a vessel carrying, or capable of carrying, ballast water
line 21 that operates in the waters of the state to meet the final performance
line 22 standard for the discharge of ballast water of zero detectable living
line 23 organisms for all organism size classes by January 1, 2030.
line 24 (b) (1) Not less than 18 months before January 1, 2020, and
line 25 January 1, 2030, the commission, in consultation with the board,
line 26 the United States Coast Guard, and the advisory panel described
line 27 in subdivision (b) of Section 71204.9, shall prepare, or update, and
line 28 submit to the Legislature a review of the efficacy, availability, and
line 29 environmental impacts, including the effect on water quality, of
line 30 currently available technologies for ballast water treatment systems.
line 31 If technologies to meet the performance standards are determined
line 32 in a review to be unavailable, the commission shall include in that
line 33 review an assessment of why the technologies are unavailable.
line 34 (2) (A) The requirement for submitting a report imposed under
line 35 this subdivision is inoperative on January 1, 2024, for the interim
line 36 performance standards, and January 1, 2034, for the final
line 37 performance standard, pursuant to Section 10231.5 of the
line 38 Government Code.
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line 1 (B) A report to be submitted pursuant to this subdivision shall
line 2 be submitted in compliance with Section 9795 of the Government
line 3 Code.
line 4 SEC. 17. Section 71211 of the Public Resources Code is
line 5 amended to read:
line 6 71211. (a) (1) The Department of Fish and Wildlife,
line 7 California Water Quality Monitoring Council, in consultation with
line 8 the commission board and the United States Coast Guard, shall
line 9 collect data necessary to establish and maintain an inventory of
line 10 the location and geographic range of nonindigenous species
line 11 populations in the coastal and estuarine waters of the state that
line 12 includes open coastal waters and bays and estuaries. In particular,
line 13 data shall be collected that does both of the following:
line 14 (A) Supplements the existing baseline of nonindigenous species
line 15 previously developed pursuant to this section, by adding data from
line 16 investigations of intertidal and nearshore subtidal habitats along
line 17 the open coast.
line 18 (B) Monitors the coastal and estuarine waters of the state,
line 19 including, but not limited to, habitats along the open coast, for new
line 20 introductions of nonindigenous species or spread of existing
line 21 nonindigenous species populations.
line 22 (2) Whenever possible, the study shall use appropriate, existing
line 23 data, including data from previous studies made pursuant to this
line 24 section. The Department of Fish and Wildlife California Water
line 25 Quality Monitoring Council shall make the inventory and
line 26 accompanying analysis available to the public through the Internet
line 27 internet on or before January 1, 2007, July 1, 2020, and annually
line 28 shall provide to the public an update of that inventory.
line 29 (b) (1) The Department of Fish and Wildlife, California Water
line 30 Quality Monitoring Council, in consultation with the commission
line 31 board and the United States Coast Guard, shall assess the
line 32 effectiveness of the ballast water and biofouling controls
line 33 implemented pursuant to this division by comparing the status and
line 34 establishment of nonindigenous species populations, as determined
line 35 from the data collected pursuant to subdivision (a), with the
line 36 baseline data collected pursuant to this division and submitted in
line 37 a report to the Legislature in 2003.
line 38 (2) Whenever possible, this research shall utilize use appropriate,
line 39 existing data.
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line 1 (3) The California Water Quality Monitoring Council shall
line 2 submit a report presenting its assessment to the Legislature and
line 3 the public on or before December 31, 2021. The report to be
line 4 submitted pursuant to this paragraph shall be submitted in
line 5 compliance with Section 9795 of the Government Code.
line 6 (c) Information generated by the research conducted pursuant
line 7 to this section shall be of the type and in a format useful for
line 8 subsequent studies and reports undertaken for any of the following
line 9 purposes:
line 10 (1) The determination of alternative discharge zones.
line 11 (2) The identification of environmentally sensitive areas to be
line 12 avoided for uptake or discharge of ballast water.
line 13 (3) The long-term effectiveness of biofouling management and
line 14 ballast water discharge control measures.
line 15 (4) The determination of potential risk zones where uptake or
line 16 discharge of ballast water shall be prohibited.
line 17 (5) The rate and risk of establishment of nonindigenous species
line 18 in the coastal waters of the state, and resulting impacts.
line 19 (d) The California Water Quality Monitoring Council shall
line 20 consider authorizing, and may authorize, a regional joint powers
line 21 authority in the San Francisco Bay area and in the region of the
line 22 Southern California Bight to conduct the sampling and data
line 23 collection necessary to fulfill the requirements of subdivisions (a)
line 24 and (b).
line 25 SEC. 18. Section 71214 is added to the Public Resources Code,
line 26 to read:
line 27 71214. (a) The ballast water control technology review panel
line 28 is hereby created to provide ongoing evaluation of the
line 29 improvements in ballast water control technology and the
line 30 achievement of the policy objectives set forth in this division. The
line 31 review panel shall provide the appointing authorities with the best
line 32 available scientific and technical information along with any
line 33 suggestions to improve state law and shall make this information
line 34 publicly available.
line 35 (b) The executive officer of the State Lands Commission, the
line 36 executive director of the State Water Resources Control Board,
line 37 and the executive director of the California Ocean Science Trust
line 38 shall each appoint one person with technical expertise on ballast
line 39 water control technology to serve on the review panel. Each
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line 1 member of the review panel shall serve at the pleasure of their
line 2 appointing authority.
line 3 (c) The deliberations of the review panel shall be conducted in
line 4 a public forum or conducted by teleconference in which the public
line 5 is able to join. All materials submitted to, or relied upon by, the
line 6 review panel shall be posted on the internet website of one of the
line 7 appointing authorities, which shall thereafter serve as the official
line 8 internet website of the review panel.
line 9 (d) The review panel shall submit its evaluation to each of the
line 10 appointing authorities on or before January 1, 2021, and every
line 11 four years thereafter, and shall make the evaluation publicly
line 12 available on its internet website.
line 13 (e) The review panel may form an advisory committee of expert
line 14 stakeholders.
line 15 (f) The review panel may request the participation of any federal
line 16 or state agency or other interested stakeholder.
line 17 (g) For purposes of this section, “review panel” means the
line 18 ballast water control technology review panel established pursuant
line 19 to subdivision (a).
line 20 SEC. 19. Section 11916 is added to the Water Code, to read:
line 21 11916. (a) The Department of Water Resources shall
line 22 immediately reinitiate the effort, as described in the proposed 2006
line 23 Federal Energy Regulatory Commission settlement for Oroville
line 24 Dam and related facilities, to select a final alternative and a final
line 25 project design for the retrofit of Thermalito Afterbay. The purpose
line 26 of this retrofit is to improve downstream temperature conditions
line 27 on the Feather River for salmon and other species. This subdivision
line 28 does not modify either of the following:
line 29 (1) The requirement for authorization from the Federal Energy
line 30 Regulatory Commission for the selected Thermalito Afterbay
line 31 retrofit alternative before construction may begin.
line 32 (2) The financing proposal for the Thermalito Afterbay retrofit,
line 33 as provided in the proposed 2006 Federal Energy Regulatory
line 34 Commission settlement.
line 35 (b) On or before March 31, 2020, the Department of Water
line 36 Resources shall appoint and convene an advisory committee to
line 37 assist in the selection of a preferred alternative and a final project
line 38 design for the Thermalito Afterbay retrofit. To the extent
line 39 practicable, this advisory committee shall be consistent with the
line 40 Ecological Committee included in the proposed 2006 Federal
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SB 69 — 29 —
line 1 Energy Regulatory Commission settlement, except that the
line 2 Department of Water Resources may appoint additional members
line 3 to the advisory committee that are not included in the Ecological
line 4 Committee.
line 5 (c) The Department of Water Resources shall annually submit
line 6 a report to the Legislature in compliance with Section 9795 of the
line 7 Government Code regarding progress toward the selection of a
line 8 preferred alternative and a final project design for the Thermalito
line 9 Afterbay retrofit. This requirement shall become inoperative upon
line 10 the approval of a renewed Federal Energy Regulatory Commission
line 11 license for Oroville Dam and related facilities.
line 12 SEC. 20.
line 13 SEC. 19. Section 13170.3 of the Water Code is amended to
line 14 read:
line 15 13170.3. (a) On or before January 1, 2013, the state board
line 16 shall either amend the California Ocean Plan, or adopt separate
line 17 standards, to address water quality objectives and effluent
line 18 limitations that are specifically appropriate to brackish groundwater
line 19 treatment system facilities that produce municipal water supplies
line 20 for local use.
line 21 (b) On or before December 31, 2020, the state board shall
line 22 rescind Resolution No. 2012-0012.
line 23 (c) Waste shall not be discharged into areas of special biological
line 24 significance, as defined in subdivision (f) of Section 36700 of the
line 25 Public Resources Code. Waste discharges shall be located a
line 26 sufficient distance from areas of special biological significance to
line 27 ensure maintenance of natural water quality conditions in those
line 28 areas.
line 29 (d) Notwithstanding subdivision (c), a regional board may
line 30 approve waste discharge requirements or water quality
line 31 certifications for limited-term activities in areas of special
line 32 biological significance in accordance with both of the following
line 33 conditions:
line 34 (1) Water quality degradation shall be limited to the shortest
line 35 possible time.
line 36 (2) The waste discharge activities shall not permanently degrade
line 37 water quality.
line 38 (e) On or before December 31, 2022, the state board shall
line 39 provide guidance to the regional boards on how to designate state
line 40 water quality protection areas, as defined in subdivision (f) of
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line 1 Section 36700 of the Public Resources Code. On or before
line 2 December 31, 2023, and each year thereafter, a regional board
line 3 with a marine protected area, as defined in subdivision (c) of
line 4 Section 2852 of the Fish and Game Code, within its jurisdiction
line 5 that does not have an associated state water quality protection area
line 6 shall designate one state water quality protection area annually
line 7 until all marine protected areas in the jurisdiction have an
line 8 associated state water quality protection area.
line 9 SEC. 21.
line 10 SEC. 20. Section 13170.4 is added to the Water Code, to read:
line 11 13170.4. (a) On or before December 31, 2022, the state board
line 12 shall amend the California Ocean Plan and the California Enclosed
line 13 Bays and Estuaries Plan to include water quality objectives and
line 14 effluent limitations that specifically address ocean acidification
line 15 and hypoxia.
line 16 (b) In conjunction with the development of the water quality
line 17 objectives and effluent limitations pursuant to subdivision (a), the
line 18 state board shall develop implementation provisions for complying
line 19 with those objectives and limitations. The implementation
line 20 provisions shall include, but are not limited to, requiring all
line 21 publicly operated wastewater treatment facilities that discharge to
line 22 waters subject to the California Ocean Plan or the California
line 23 Enclosed Bays and Estuaries Plan to adopt, incorporate, or improve
line 24 denitrification protocols to meet the water quality objectives and
line 25 effluent limitations adopted pursuant to subdivision (a).
line 26 SEC. 22.
line 27 SEC. 21. Section 13247.5 is added to the Water Code, to read:
line 28 13247.5. (a) Upon receipt of a timber harvesting plan submitted
line 29 by the Department of Forestry and Fire Protection pursuant to
line 30 subdivision (a) of Section 4582.6 of the Public Resources Code,
line 31 a regional board shall expeditiously review the plan for consistency
line 32 with any applicable regional water quality control plan, basin plan,
line 33 approved total maximum daily load requirement, or approved
line 34 waste discharge requirement.
line 35 (b) If, while reviewing a timber harvesting plan pursuant to
line 36 subdivision (a), a regional board makes a finding of inconsistency
line 37 with a regional water quality control plan, basin plan, approved
line 38 total maximum daily load requirement, or approved waste
line 39 discharge requirement, the regional board shall notify the
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SB 69 — 31 —
line 1 Department of Forestry and Fire Protection in accordance with
line 2 subdivision (c) of Section 4582.71 of the Public Resources Code.
line 3 (c) If a regional board transmits a finding pursuant to subdivision
line 4 (b), the regional board shall include a description of the specific
line 5 components of the timber harvesting plan that are inconsistent
line 6 with the applicable regional water quality control plan, basin plan,
line 7 approved total maximum daily load requirement, or approved
line 8 waste discharge requirement and a recommendation for how the
line 9 plan could be revised to achieve consistency.
line 10 SEC. 23.
line 11 SEC. 22. Article 4.5 (commencing with Section 13278) is added
line 12 to Chapter 4 of Division 7 of the Water Code, to read:
line 13
line 14 Article 4.5. Dischargers of Sediment Into Class I, II, and III
line 15 Watercourses
line 16
line 17 13278. A person who discharges sediment into a Class I
line 18 watercourse pursuant to a timber harvesting plan is subject to all
line 19 of the following requirements within the watercourse and lake
line 20 protection zone (WLPZ) for the Class I watercourse:
line 21 (a) The minimum WLPZ width shall be 150 feet from the
line 22 watercourse transition line or lake transition line. At least 85
line 23 percent overstory canopy shall be retained within 100 feet of the
line 24 watercourse transition line or lake transition line, with a 30-foot
line 25 no-cut buffer existing in the first 30 feet measured from the
line 26 watercourse transition line or lake transition line, and at least 65
line 27 percent overstory canopy within the remainder of the WLPZ,
line 28 composed of a minimum of 30 percent conifers. The overstory
line 29 canopy shall be comprised of at least 25 percent overstory conifer
line 30 canopy postharvest.
line 31 (b) Recruitment of large woody debris to a Class I watercourse
line 32 shall be ensured by retaining the 10 largest-diameter conifers, live
line 33 or dead, on each side of the watercourse, per 330 feet of stream
line 34 channel length, within 50 feet of the watercourse transition line or
line 35 lake transition line.
line 36 (c) All new crossings across a Class I watercourse shall either
line 37 span the Class I watercourse or use an arched culvert with a natural
line 38 bottom.
line 39 (d) Where an inner gorge extends beyond a WLPZ for a Class
line 40 I watercourse and slopes are greater than 55 percent, a special
96
— 32 — SB 69
line 1 management zone shall be established beyond the WLPZ where
line 2 the use of even-aged regeneration methods is prohibited. This zone
line 3 shall extend upslope to the first major break in slope where the
line 4 slope is less than 55 percent for a distance of 100 feet or more, or
line 5 300 feet as measured from the watercourse transition line or lake
line 6 transition line, whichever is less. Within this zone, the methods
line 7 and retention standards described in Sections 913.2, 933.2, and
line 8 953.2 of Title 14 of the California Code of Regulations shall apply.
line 9 13278.1. A person who discharges sediment into a Class II
line 10 watercourse pursuant to a timber harvesting plan is subject to all
line 11 of the following requirements within the watercourse and lake
line 12 protection zone (WLPZ) for the Class II watercourse:
line 13 (a) At least 85 percent overstory canopy shall be retained within
line 14 50 feet of the watercourse transition line or lake transition line. In
line 15 an additional outer zone, overstory canopy closure shall be at least
line 16 65 percent. The overstory canopy in each zone shall be comprised
line 17 of at least 25 percent overstory conifer canopy postharvest. The
line 18 outer zone shall be 25 feet in width where the side slope class is
line 19 less than 30 percent. The outer zone shall be 50 feet in width where
line 20 the side slope class is 30 to 50 percent, inclusive. The outer zone
line 21 shall be 75 feet in width where the side slope class is greater than
line 22 50 percent.
line 23 (b) Recruitment of large woody debris to Class II watercourses
line 24 shall be ensured by retaining the five largest-diameter conifers,
line 25 live or dead, on each side of the watercourse per 330 feet of stream
line 26 channel length, within 50 feet of the watercourse transition line or
line 27 lake transition line.
line 28 (c) All permanent Class II watercourse crossings that are
line 29 constructed or reconstructed shall be placed in the bottom of the
line 30 natural channel and capable of capturing low flows.
line 31 (d) Where an inner gorge extends beyond a WLPZ for a Class
line 32 II watercourse and slopes are greater than 55 percent, a special
line 33 management zone shall be established beyond the WLPZ where
line 34 the use of even-aged regeneration methods is prohibited. This zone
line 35 shall extend upslope to the first major break in slope where the
line 36 slope is less than 55 percent for a distance of 100 feet or more, or
line 37 200 feet as measured from the watercourse transition line or lake
line 38 transition line, whichever is less. Within this zone, the methods
line 39 and retention standards described in Sections 913.2, 933.2, and
line 40 953.2 of Title 14 of the California Code of Regulations shall apply.
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SB 69 — 33 —
line 1 13278.2. A person who discharges sediment into a Class III
line 2 watercourse pursuant to a timber harvesting plan is subject to all
line 3 of the following requirements within the watercourse and lake
line 4 protection zone (WLPZ) for the Class III watercourse:
line 5 (a) At least a 25-foot protection zone shall be maintained on
line 6 each side of the watercourse for slopes less than 30 percent and at
line 7 least a 50-foot protection zone on each side of the watercourse
line 8 shall be maintained for slopes equal to or greater than 30 percent.
line 9 All trees situated within the channel zone and trees that have boles
line 10 that overlap the edge of the channel zone shall be retained. Within
line 11 the protection zones, at least 50 percent of the understory
line 12 vegetation shall be left postharvest in an evenly distributed
line 13 condition. All regeneration conifers, snags, large woody debris,
line 14 and hardwoods shall be retained within the Class III protection
line 15 zones except when removal is necessary for yarding and crossings.
line 16 (b) Commercial timber operations may yard through a Class III
line 17 riparian management zone. Burning for purposes of site preparation
line 18 shall not be initiated in the protection zones and new construction
line 19 of tractor roads shall not be commenced. Ground-based equipment
line 20 shall not be permitted on slopes greater than 50 percent, and
line 21 ground-based operations shall be limited to existing stable tractor
line 22 roads that show no visible evidence of sediment deposition being
line 23 transported into the adjacent watercourse or to the use of feller
line 24 bunchers or shovel yarding.
line 25 (c) All permanent Class III watercourse crossings that are
line 26 constructed or reconstructed shall be placed in the bottom of the
line 27 natural channel and capable of capturing low flows.
line 28 13278.3. A person who discharges sediment into a Class I, II,
line 29 or III watercourse pursuant to a timber harvesting plan is subject
line 30 to all of the following requirements within the watercourse and
line 31 lake protection zone (WLPZ) for the Class I, II, or III watercourse:
line 32 (a) All permanent Class I, II, or III watercourse crossings that
line 33 are constructed or reconstructed shall accommodate the estimated
line 34 100-year flood flow, including debris and sediment loads.
line 35 (b) Use of any unpaved road segments within or appurtenant to
line 36 a timber harvesting plan area shall cease when precipitation is
line 37 sufficient to generate overland flow off the road surface or when
line 38 use of any portion of the road results in rutting of the road surface.
line 39 In either of these instances, road use shall not resume until the
line 40 road is dry. Access for road inspection and access to correct
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— 34 — SB 69
line 1 emergency road-related problems or to respond to human
line 2 emergency situations shall be allowed at any time by a vehicle
line 3 rated one ton or less.
line 4 (c) While participating in a timber harvesting plan preharvest
line 5 inspections review team, a person subject to this section shall place
line 6 a high priority on the appropriate classification of all Class I, II,
line 7 and III watercourses and identification and remediation of
line 8 road-related sources of sediment likely to recruit into watercourses.
line 9 (d) Areas proposed for timber operations shall be assessed for
line 10 erosion potential using all available tools and methods, including,
line 11 but not limited to, soils and features maps, ocular assessment, Light
line 12 Detection and Ranging (LIDAR), aerial photos, and satellite
line 13 imagery. Road construction and reconstruction shall not be
line 14 undertaken on erosive and unstable areas. Timber harvesting
line 15 activity shall not be undertaken on ground that shows evidence of
line 16 high erosion potential, including, but not limited to, slide areas,
line 17 areas shown to be slipping, and areas of disrupted ground.
line 18 (e) Historic erosion sites and sites with a high potential for
line 19 erosion shall be stabilized, if feasible.
line 20 13278.4. A California regional water quality control board
line 21 shall incorporate the requirements of this article into any applicable
line 22 waste discharge requirements adopted pursuant to Section 13263
line 23 to manage controllable sources of sediment, achieve water quality
line 24 objectives, and protect beneficial uses.
line 25 13278.5. Any requirements in the forest practice rules adopted
line 26 by the State Board of Forestry and Fire Protection pursuant to
line 27 Section 4551 of the Public Resources Code that contain more
line 28 stringent sediment control standards than those established in this
line 29 article shall prevail.
line 30 13278.6. For purposes of this article, the following definitions
line 31 shall apply:
line 32 (a) “Canopy” has the same meaning as defined in Section 895.1
line 33 of Title 14 of the California Code of Regulations.
line 34 (b) “Channel zone” has the same meaning as defined in Section
line 35 895.1 of Title 14 of the California Code of Regulations.
line 36 (c) “Class I watercourse” has the same meaning as described
line 37 in Section 916.6 of Title 14 of the California Code of Regulations.
line 38 (d) “Class II watercourse” has the same meaning as described
line 39 in Section 916.6 of Title 14 of the California Code of Regulations.
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SB 69 — 35 —
line 1 (e) “Class III watercourse” has the same meaning as described
line 2 in Section 916.6 of Title 14 of the California Code of Regulations.
line 3 (f) “Dry” means a road surface that is well drained and is not
line 4 rutting, discharging fine sediments, or causing a visible turbidity
line 5 increase in a ditch or on a road surface that drains into a Class I,
line 6 II, or III watercourse.
line 7 (g) “Inner gorge” has the same meaning as defined in Section
line 8 895.1 of Title 14 of the California Code of Regulations.
line 9 (h) “Overstory” has the same meaning as defined in Section
line 10 895.1 of Title 14 of the California Code of Regulations.
line 11 (i) “Permanent watercourse crossing” has the same meaning as
line 12 defined in Section 895.1 of Title 14 of the California Code of
line 13 Regulations.
line 14 (j) “Person” has the same meaning as defined in Section 4525
line 15 of the Public Resources Code.
line 16 (k) “Regeneration method” has the same meaning as defined in
line 17 Section 895.1 of Title 14 of the California Code of Regulations.
line 18 (l) “Riparian” has the same meaning as defined in Section 895.1
line 19 of Title 14 of the California Code of Regulations.
line 20 (m) “Site preparation” has the same meaning as defined in
line 21 Section 895.1 of Title 14 of the California Code of Regulations.
line 22 (n) “Slide area” has the same meaning as defined in Section
line 23 895.1 of Title 14 of the California Code of Regulations.
line 24 (o) “Snag” has the same meaning as defined in Section 895.1
line 25 of Title 14 of the California Code of Regulations.
line 26 (p) “Timber harvesting plan” means the plan filed pursuant to
line 27 Section 4582 of the Public Resources Code.
line 28 (q) “Timber operations” has the same meaning as defined in
line 29 Section 4527 of the Public Resources Code.
line 30 (r) “Understory” has the same meaning as defined in Section
line 31 895.1 of Title 14 of the California Code of Regulations.
line 32 (s) “Watercourse” has the same meaning as defined in Section
line 33 895.1 of Title 14 of the California Code of Regulations.
line 34 (t) “Watercourse and Lake Protection Zone (WLPZ)” has the
line 35 same meaning as defined in Section 895.1 of Title 14 of the
line 36 California Code of Regulations.
line 37 (u) “Watercourse transition line” has the same meaning as
line 38 defined in Section 895.1 of Title 14 of the California Code of
line 39 Regulations.
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— 36 — SB 69
line 1 (v) “Woody debris” has the same meaning as defined in Section
line 2 895.1 of Title 14 of the California Code of Regulations.
line 3 (w) “Yarding” has the same meaning as defined in Section 895.1
line 4 of Title 14 of the California Code of Regulations.
line 5 13278.7. This article only applies to fish-bearing watercourses
line 6 or watercourses that have historically been fish-bearing
line 7 watercourses.
line 8 SEC. 24.
line 9 SEC. 23. If the Commission on State Mandates determines that
line 10 this act contains costs mandated by the state, reimbursement to
line 11 local agencies and school districts for those costs shall be made
line 12 pursuant to Part 7 (commencing with Section 17500) of Division
line 13 4 of Title 2 of the Government Code.
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SB 69 — 37 —
May 13, 2019
The Honorable Ben Hueso
California State Senate
State Capitol, Room 4035
Sacramento, CA 95814
RE: Support for Senate Bill 667 (Hueso)
Dear Senator Hueso:
On behalf of the Orange County Sanitation District (OCSD), I am pleased to support Senate Bill
667, which would require CalRecycle to develop a five-year investment strategy to drive
innovation and support technological development, as well as infrastructure, that would help
California achieve its organic waste diversion and short lived climate pollutants reduction goals.
OCSD is a wastewater agency that serves over 2 million people in North and Central Orange
County. The services that OCSD provides are critical to public health, water quality, and water
supply in the region. As a resource recovery agency, the work that OCSD does is fundamental
to the water supply reliability and resiliency of the entire region. In addition to its water quality
services, OCSD also operates anaerobic digestors that take organic waste and convert it into
energy that is used in the wastewater treatment process.
Over the last 24 years, roughly 180 active anaerobic digesters and compost facilities have been
built in the State. To meet the 75 percent organics reduction goal set by SB 1383 in 2016, local
agencies will need to finance, site, permit, and build at least double that number of facilities in the
next 5-7 years at a cost of around $3 billion in capital investment. In order to meet the aggressive
goals set forth by SB 1383, local agencies such as OCSD who are willing and able to operate
anaerobic digestors need additional financial tools and support. SB 667 provides the necessary
investment and forward-thinking innovation that the State needs in order to achieve its organic
waste diversion and short-lived climate pollutants reduction goals.
For these reasons, OCSD is pleased to support Senate Bill 667.
Sincerely,
David John Shawver
Board Chairman
AMENDED IN SENATE APRIL 10, 2019
SENATE BILL No. 667
Introduced by Senator Hueso
February 22, 2019
An act to amend Section 26002 of, and to add Section 42999.5 to,
the Public Resources Code, relating to greenhouse gases.
legislative counsel’s digest
SB 667, as amended, Hueso. Greenhouse gases: recycling
infrastructure and facilities.
(1) The California Global Warming Solutions Act of 2006 designates
the State Air Resources Board as the state agency charged with
monitoring and regulating sources of emissions of greenhouse gases.
The act authorizes the state board to include the use of market-based
compliance mechanisms. Existing law requires all moneys, except for
fines and penalties, collected by the state board as a part of the
market-based compliance mechanism to be deposited in the Greenhouse
Gas Reduction Fund.
Existing law establishes the CalRecycle Greenhouse Gas Reduction
Revolving Loan Program, administered by the Department of Resources
Recycling and Recovery, to provide loans to reduce the emissions of
greenhouse gases by promoting in-state development of infrastructure
to process organic and other recyclable materials into new value-added
products.
Existing law requires the department, with additional moneys from
the Greenhouse Gas Reduction Fund that may be appropriated to the
department, to administer a grant program to provide financial
assistance, in the form of grants, incentive payments, contracts, or other
funding mechanisms, to reduce the emissions of greenhouse gases by
98
promoting in-state development of infrastructure, food waste prevention,
or other projects to reduce organic waste or process organic and other
recyclable materials into new, value-added products.
This bill would require the department to develop, on or before
January 1, 2021, and would authorize the department to amend, a 5-year
investment strategy to drive innovation and support technological
development and infrastructure, in order to meet specified organic waste
reduction and recycling targets, as provided. The bill would require, on
or before June 1, 2021, the department, in coordination with the
Treasurer, to develop financial incentive mechanisms, including, but
not limited to, loans and incentive payments, to fund organic waste
recycling infrastructure, in accordance with the investment strategy.
The bill would state the intent of the Legislature that, commencing with
the 2020–21 fiscal year, through the 2024–25 fiscal year, an unspecified
amount be appropriated in the annual Budget Act from the Greenhouse
Gas Reduction Fund to the department to be expended for the loan and
grant programs described above and to be transferred into the California
Recycling Infrastructure Investment Account, which this bill would
create in the State Treasury. The bill would authorize moneys in that
account to be expended by the Treasurer for the financial incentive
mechanisms developed pursuant to this bill, in accordance with the
investment strategy and other specified requirements. diversion and
recycling infrastructure. The bill would create the California Recycling
Infrastructure Investment Account in the State Treasury, to be
administered by the Treasurer. The bill would require the Treasurer to
coordinate with the States of Nevada, Oregon, and Washington on
infrastructure financing to support the recycling needs of the region and
to create an advisory stakeholder committee to support development of
interstate recycling infrastructure and markets for recyclable materials.
(2) The California Alternative Energy and Advanced Transportation
Financing Authority Act creates the California Alternative Energy and
Advanced Transportation Financing Authority to provide financial
assistance for the development and deployment of alternative energy
and renewable energy technologies, and provides that it is the purpose
of the act to advance the state’s goals of reducing the levels of
greenhouse gas emissions and increasing the deployment of sustainable
and renewable energy sources, among other things.
This bill would additionally provide that it is the purpose of the act
to provide an alternative method of financing in providing and promoting
98
— 2 — SB 667
the establishment of facilities needed to develop local and regional
recycling markets. organic waste diversion technologies.
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. (a) The Legislature finds and declares all of the
line 2 following:
line 3 (1) Organic waste is a key source of methane emissions, a
line 4 powerful climate forcer for greenhouse gases and short-lived
line 5 climate pollutants that significantly impact air quality, public
line 6 health, and climate change.
line 7 (2) The state has been a leader in advancing policies that
line 8 drastically divert organic waste from landfills and recycle it,
line 9 including by mandating a 40-percent reduction in methane
line 10 emissions by 2030, compared to 2013 levels.
line 11 (3) The state is facing a crisis due to international dynamics
line 12 that have critically impacted our traditional recycling markets.
line 13 (4) The state, in coordination with the States of Nevada, Oregon,
line 14 and Washington, requires a stable, multiyear incentive program
line 15 that leverages private and other additional public funds to build
line 16 infrastructure to meet the needs of the state’s organic waste
line 17 diversion mandate and recycling market crisis.
line 18 (b) It is the intent of the Legislature that moneys subsequently
line 19 appropriated for the Organic Waste Diversion Infrastructure Act
line 20 of 2019, including, but not limited to, any moneys appropriated
line 21 from the Greenhouse Gas Reduction Fund, established pursuant
line 22 to Section 16428.8 of the Government Code, be expended for grants
line 23 pursuant to Section 42999 of the Public Resources Code, and,
line 24 notwithstanding subdivision (a) of Section 42999 of the Public
line 25 Resources Code, for loans pursuant to Section 42997 of the Public
line 26 Resources Code.
line 27 SECTION 1.
line 28 SEC. 2. Section 26002 of the Public Resources Code is
line 29 amended to read:
line 30 26002. It is the purpose of this division to advance the state’s
line 31 goals of reducing the levels of greenhouse gas emissions, increasing
line 32 the deployment of sustainable and renewable energy sources,
line 33 implementing measures that increase the efficiency of the use of
98
SB 667 — 3 —
line 1 energy, creating high quality employment opportunities, and
line 2 lessening the state’s dependence on fossil fuels and to that end to
line 3 provide an alternative method of financing in providing and
line 4 promoting the establishment of all of the following:
line 5 (a) Facilities utilizing alternative methods and sources of energy.
line 6 (b) Facilities needed for the development and commercialization
line 7 of advanced transportation technologies.
line 8 (c) Facilities needed to develop local and regional recycling
line 9 markets. organic waste diversion technologies.
line 10 SEC. 2.
line 11 SEC. 3. Section 42999.5 is added to the Public Resources Code,
line 12 to read:
line 13 42999.5. (a) This section shall be known, and may be cited,
line 14 as the Organic Waste Recycling Diversion Infrastructure
line 15 Investment Act of 2019.
line 16 (b) The Legislature finds and declares all of the following:
line 17 (1) Organic waste is a key source of methane emissions, a
line 18 powerful climate forcer that significantly impacts air quality, public
line 19 health, and climate change.
line 20 (2) The state has been a leader in advancing policies that
line 21 drastically divert organic waste from landfills and recycle it,
line 22 including by mandating the reduction of methane emissions 40
line 23 percent lower than 2013 levels by 2030.
line 24 (3) The state is facing a crisis due to international dynamics that
line 25 have critically impacted our traditional recycling markets.
line 26 (4) The state, in coordination with the States of Nevada, Oregon,
line 27 and Washington requires a stable, multiyear incentive program
line 28 that leverages private and other additional public funds to build
line 29 infrastructure to meet the needs of the state’s organic waste
line 30 diversion mandate and recycling market crisis.
line 31 (b) The department shall support technology advancement and
line 32 infrastructure to meet the state’s 2025 organic waste reduction
line 33 target pursuant to Section 39730.6 of the Health and Safety Code
line 34 and the state’s recycling goals pursuant to Section 41780.01.
line 35 (c) The department shall develop, on or before January 1, 2021,
line 36 and may amend, a five-year investment strategy to drive innovation
line 37 and support technological development and infrastructure, in order
line 38 to meet the state’s 2025 organic waste reduction target pursuant
line 39 to Section 39730.6 of the Health and Safety Code and the state’s
98
— 4 — SB 667
line 1 recycling goals pursuant to Section 41780.01. The investment
line 2 strategy shall do all of the following:
line 3 (1) (A) Set forth a five-year plan for the expenditure of moneys
line 4 appropriated pursuant to subdivision (g). for purposes of this
line 5 section.
line 6 (B) An eligible expenditure may occur over multiple fiscal years.
line 7 (C) The department may make multiyear funding commitments
line 8 over a period of more than one fiscal year.
line 9 (2) Assess the amount of money needed to build the
line 10 infrastructure necessary to achieve the waste reduction target
line 11 pursuant to Section 39730.6 of the Health and Safety Code through
line 12 building infrastructure. Code.
line 13 (3) Identify priorities and strategies for financial incentive
line 14 mechanisms authorized to be funded by the moneys appropriated
line 15 pursuant to subdivision (g). to help achieve the organic waste
line 16 reduction target pursuant to Section 39730.6 of the Health and
line 17 Safety Code and the state’s recycling goals pursuant to Section
line 18 41780.01.
line 19 (d) On or before June 1, 2021, the department, in coordination
line 20 with the Treasurer, shall develop financial incentive mechanisms,
line 21 including, but not limited to, loans and incentive payments, to fund
line 22 organic waste diversion and recycling infrastructure, in accordance
line 23 with the investment strategy developed pursuant to subdivision
line 24 (c). infrastructure.
line 25 (e) (1) There is hereby established in the State Treasury the
line 26 California Recycling Infrastructure Investment Account, which
line 27 the Treasurer shall administer. Moneys transferred into the account
line 28 pursuant to subdivision (g) may be expended by the Treasurer for
line 29 the financial incentive mechanisms developed pursuant to
line 30 subdivision (d), in accordance with the investment strategy
line 31 developed pursuant to subdivision (c) and the requirements
line 32 specified in paragraph (2).
line 33 (2) The In providing any financial incentives pursuant to this
line 34 subdivision, the Treasurer, in providing any financial incentives
line 35 pursuant to this subdivision, coordination with the department,
line 36 shall do all of the following:
line 37 (A) Ensure that a recipient of a financial incentive leverages
line 38 local, state, federal, and private funding sources to maximize
line 39 investment in organic waste diversion and recycling infrastructure.
98
SB 667 — 5 —
line 1 (B) Prioritize projects that have multiple benefits, including,
line 2 but not limited to, reducing greenhouse gas emissions pursuant to
line 3 Section 39730.6 of the Health and Safety Code, increasing
line 4 recycling pursuant to Section 41780.01, emissions, increasing
line 5 solid waste diversion, increasing workforce training and
line 6 development, reducing collection and recycling costs to local
line 7 governments, and creating jobs.
line 8 (C) Prioritize projects that maximize benefits while minimizing
line 9 negative consequences to disadvantaged communities, as identified
line 10 pursuant to Section 39711 of the Health and Safety Code.
line 11 (D) Seek to achieve a portfolio approach to funding pursuant
line 12 to this subdivision that supports a diverse set of projects.
line 13 (f) The Treasurer shall coordinate with the States of Nevada,
line 14 Oregon, and Washington on infrastructure financing to support
line 15 the recycling needs of the region and shall create an advisory
line 16 stakeholder committee to support development of interstate
line 17 recycling infrastructure and markets for recyclable materials.
line 18 (g) It is the intent of the Legislature that, commencing with the
line 19 2020–21 fiscal year, through the 2024–25 fiscal year, the sum of
line 20 ____ dollars ($___) shall be appropriated annually from the
line 21 Greenhouse Gas Reduction Fund in the annual Budget Act to the
line 22 department. Moneys appropriated in those Budget Acts pursuant
line 23 to this subdivision may be expended for grants pursuant to Section
line 24 42999, and, notwithstanding subdivision (a) of Section 42999, for
line 25 loans pursuant to Section 42997 and may be transferred into the
line 26 California Recycling Infrastructure Investment Account and
line 27 expended pursuant to subdivision (e).
98
— 6 — SB 667
Page 1 of 2
LEGISLATIVE AND PUBLIC AFFAIRS COMMITTEE Meeting Date 05/13/19 To Bd. of Dir. 05/22/19
AGENDA REPORT Item Number 3 Item Number
Orange County Sanitation District FROM: James D. Herberg, General Manager SUBJECT: LEGISLATIVE AFFAIRS UPDATE FOR THE MONTH OF APRIL 2019
GENERAL MANAGER'S RECOMMENDATION Receive and file the Legislative Affairs Update for the month of April 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 On April 24, staff and Board Vice-Chair John Withers attended Congressman Rouda’s roundtable on infrastructure. During the event, the Sanitation District had the opportunity
to thank the Congressman for the opportunity to discuss the Sanitation District’s current
Capital Improvement Program and the importance of funding opportunities for infrastructure. Additionally, the Congressman was invited for a Plant No. 1 tour, which has been scheduled for May 29 at 9 a.m.
Staff is currently monitoring Senate Bill (SB) 332 by Senator Hertzberg that, in its current
state, would mandate a 50 percent reduction of baseline volume by January 1, 2030, and a 95 percent reduction of baseline volume by January 1, 2040. As leaders in resource recovery, the Sanitation District is participating in the California Association of Sanitation Agencies SB 332 workgroup helping to create a framework for the author that represents
water and wastewater agencies and the work the agencies do. Staff and the Sanitation District’s lobbyist recently met with the Natural Resources Defense Council (NRDC), the sponsor of the Hertzberg bill (SB 332), to discuss how the Sanitation District can serve as a resource to the author and NRDC. During the meeting,
suggestions were offered on the bill and how it can be more workable for all water and wastewater agencies. The Sanitation District also committed to continue working with the NRDC and to serve as a resource as this bill continues through the process. The Washington D.C. Advocacy Days has been scheduled for June 17-19, during which
current legislation, regulatory affairs, and possible funding opportunities will be discussed. 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
ENS Resources, Inc. 1901 Pennsylvania Avenue, N.W. Suite 1005 Washington, D.C. 20006 Phone 202.466.3755/Telefax 202.466.3787
M E M O R A N D U M TO: Rebecca Long FROM: Eric Sapirstein DATE: April 22, 2019 SUBJECT: Washington Update Because Congress was on its annual Spring Recess, legislative activities were limited to only the first half of the month. Nonetheless, it is becoming increasingly clear that the legislative agenda is shaping up to focus on two policy matters. The first is the development and passage of the fiscal year 2020 budget. The second involves finding common ground between the two parties to fashion an infrastructure assistance bill that could garner overwhelming support in both the House and the Senate. The following provides a brief summary of the status of these matters as well as actions taken on the regulatory front.
Fiscal Year 2020 Budget Hearings Illustrate Minimal Support for
Administration Requests As expected, both the House and Senate Committees on Appropriations and the Committees on Transportation & Infrastructure and Environment and Public Works that hold authority over USEPA’s water quality programs kicked off formal reviews of the budget request that the White House transmitted to Congress in March. During these hearings, there was no bipartisan support for the requests to significantly reduce spending on USEPA’s water infrastructure-related programs, such as the Clean Water State Revolving Loan Fund (SRF) and the Water Infrastructure Finance and Innovation Act (WIFIA). Instead, the committees’ members voiced strong support to at least maintain current year spending, rather than reduce funding by more than a billion dollars. Similarly, support for water recycling assistance programs was voiced when discussions on funding priorities for the U.S. Bureau of Reclamation that has
provided OCSD with funding for its project. In tandem with this support, a new priority has been identified in the budget process. This involves funding needs associated with the presence of the chemical PFAS in the environment and water supplies. With more than 5,000 known PFAS compounds, the growing concern on the need to develop treatment and removal processes from waters is expected to play a significant role in the debate to provide for additional funding for research and treatment needs, as well as potentially new regulatory mandates to control for the discharge into the environment (see infrastructure discussion below). As of this writing, House consideration of the twelve spending bills remains on schedule with passage by the House by July 1. Senate action that would follow House passage could occur by early September, but given the narrow Senate majority, it is unclear if final passage might happen before the end of fiscal year 2019, delaying any final spending decisions until after November.
Infrastructure Legislation Continues to Evolve in House as Senate Action
Remains Work in Progress; OCSD Receives Plaudits for Water Recycling
Partnership The House Committee on Transportation & Infrastructure continued its review of approaches to address infrastructure needs of the nation. Representative Harley Rouda (D-CA), who sits on the key Subcommittee on Water Resources and Environment with jurisdiction on wastewater infrastructure needs, has sought input on what kinds of issues should be addressed in a committee infrastructure package. OCSD will have the opportunity to discuss what needs and priorities need to be addressed when Rouda visits to tour the facilities. It is clear that the foundation of any wastewater legislation will be a reinvigoration of the SRF program. Under legislation (H.R. 1497) pending before the subcommittee, the program would be authorized at $4 billion annually. Additionally, renewal of the Alternative Water Sources Act, providing direct grants assistance to agencies to construct water recycling facilities and other innovative water supply projects, as well as strengthening subsidized assistance to disadvantaged communities to comply with water quality mandates will likely be part of any infrastructure bill. One new focus is whether the management and treatment of PFAS contaminated waters might become part of a wastewater infrastructure bill. Earlier statements from committee staff that the infrastructure measure would simply be a funding bill seem to be shifting. It has been reported that subcommittee staff are requesting policy options to address water quality improvement needs. One concept that has been floated could have a direct impact upon OCSD. Under current thinking, a mandate could be developed to require industrial dischargers to remove PFAS compounds from a discharge to reduce the introduction of the chemicals into a treatment works. While this would eliminate impacts upon clean water agencies, it could lead to calls to address clean water agency discharges and biosolids, although this has not been advocated to date. In addition to developing infrastructure for water quality needs, the House Committee on Natural Resources has begun establishing a legislative record on the value of water recycling that is expected to be the run-up to approving a new water
ENS Resources, Inc. 1901 Pennsylvania Avenue, N.W. Suite 1005 Washington, D.C. 20006 Phone 202.466.3755/Telefax 202.466.3787
recycling program. In a hearing on water recycling and other options to develop sustainable water supplies, Representatives Mike Levin (D-CA) and Alan Lowenthal (D-CA), each cited the incredible accomplishments that OCSD and OCWD achieved through GWRS. These comments came as a follow-up to formal testimony presented by OCWD during which it was noted that without the collaboration of OCSD, GWRS would have been unlikely to be realized. Based upon the hearing, it seems increasingly likely that Representative Grace Napolitano’s (D-CA) Water Recycling Investment and Improvement Act (H.R. 1162) will become the legislative vehicle to enhance the federal support of local agencies’ efforts to construct water recycling facilities and could assist OCSD’s efforts. Under H.R. 1162, federal assistance would be authorized at $500 million over five years through the U.S. Bureau of Reclamation’s WIIN Act program. OCSD already received funding for feasibility studies under this program and enactment of H.R. 1162 could lead to a new, robust source of funding assistance that OCSD could seek given the award of study funding assistance.
Regulation of Groundwater Contamination of Surface Waters As reported in prior updates, a judicial decision, known as the Maui Decision, found that the transport of pollutants by groundwater into a surface water, absent a National Pollutant Discharge Elimination System (NPDES) permit, is a violation of the Clean Water Act. Under California’s Porter Cologne water law, this circumstance already exists. However, the decision, currently under appeal to the U.S. Supreme Court, would, if allowed to stand, allow the use of the Clean Water Act’s citizen suit provisions for any such violation as well as a violation of any subsequently imposed permit conditions. The past month saw USEPA draw a line in the proverbial sand with policy guidance, stating that the agency disagrees with the Maui Decision. In the guidance, the agency states that it will not consider the introduction of a pollutant into surface waters through groundwater a violation of the Clean Water Act’s mandate that a permit is required.
OCSD
Federal
Bills of Interest
BILL AUTHOR SUMMARY LATEST ACTION OCSD POSITION OTHER
POSITIONS
H.R. 1162 Rep. Grace Napolitano (D-CA)
Water Recycling Investment and Improvement Act. Establishes a
grant program for the funding of water recycling and reuse projects,
and for other purposes.
House - 3/4/19
Referred to
Subcommittee on
Water, Oceans, and
Wildlife
Watch CASA SUPPORTS
H.R. 1497 Rep. Peter DeFazio (D-OR)
Water Quality Protection and Job Creation Act of 2019. Provides
nearly $23.5 billion in direct infrastructure investment over the next five
years to address wastewater infrastructure and local water quality
challenges. This bill allocates $20 billion in grants for the Clean Water
State Revolving Fund.
House - 03/06/2019
Referred to the
Subcommittee on
Water Resources and
Environment
Watch CASA SUPPORTS
H.R. 535 Rep. Debbie Dingell (D-MI)R
To require the Administrator of the Environmental Protection
Agency to shall designate per- and polyfluoroalkyl substances as
hazardous substances under the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980.
House - 2/7/19
Referred tp
Subcommittee on
Railroads, Pipelines,
and Hazardous
Materials
Watch NYC
H.R. 876 Rep. Peter DeFazio (D-OR)
Pacific Northwest Earthquake Preparedness Act of 2019.
Requires the FEMA to develop a plan for the purchase and installation
of an earthquake early warning system for the Cascadia Subduction
Zone. The term "Cascadia Subduction Zone"
House - 2/6/19 Passed
House by voice vote,
received in Senate and
referred to Committee
on Homeland Security
and Governmental
Affairs
Watch NYC
Federal Legislation 2019 - 2020
Priority
Updated April 2019
OCSD
Federal
Bills of Interest
BILL AUTHOR SUMMARY LATEST ACTION OCSD POSITION OTHER
POSITIONS
H.R. 667 Rep. Jaime Herrera Beutler (R-
WA)
Regulatory Certainty for Navigable Waters Act. Repeals the Waters
of the United States rule and amend the Federal Water Pollution
Control Act definition of navigable waters, and for other purposes.
House - 2/7/19
Referred to
Subcommittee on
Water Resources and
Environment
Watch NYC
S. 403 Sen. Sheldon Whitehouse (D-
RI)
A bill to encourage the research and use of innovative materials
and associated techniques in the construction and preservation
of the domestic transportation and water infrastructure system,
and for other purposes.
Senate - 2/7/19
Referred to Committee
on Environment and
Public Works Watch NYC
H.R. 977 Rep. Brian Mast (R-FL)
To require the Corps of Engineers to notify affected communities
before releasing water contaminated with cyanobacteria from
flood risk management projects, and for other purposes.
House - 2/7/19
Referred to
Subcommittee on
Water Resources and
Environment
Watch NYC
H.R. 892 Rep. Duncan Hunter (R-CA)
To amend the Federal Water Pollution Control Act to limit
attorney fees and penalties in citizen suits, and for other
purposes.
House - 2/7/19
Referred to
Subcommittee on
Water Resources and
Environment
Watch NYC
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
Updated April 2019
OCSD
Federal
Bills of Interest
BILL AUTHOR SUMMARY LATEST ACTION OCSD POSITION OTHER
POSITIONS
S. 376 Sen. Rand Paul (R-KY)
A bill to amend the Federal Water Pollution Control Act to clarify
the definition of navigable waters, and for other purposes.
Senate - 2/7/19
Referred to Committee
on Environment and
Public Works Watch NYC
H.R. 658 Rep. Rosa DeLauro
National Infrastructure Development Bank Act. Facilitates efficient
investments and financing of infrastructure projects and new job
creation through the establishment of a National Infrastructure
Development Bank, and for other purposes.
House - 2/7/19
Referred to
Subcommittee on
Economic
Development, Public
Buildings, and
Emergency
Management
Watch NYC
H.R. 1137 Rep. John Garamendi (D-CA)
To amend the Water Resources Development Act of 1986 to
repeal the authority relating to reprogramming during national
emergencies.
House - 2/12/19
Referred to the
Subcommittee on
Water Resources and
Environment
Watch NYC
H.R. 1317 Rep. Harley Rouda (D-CA)
Coastal Communities Adaption Act. Improves the resilience of the
built and natural environment to natural disasters and climate change
using, among other measures, natural and nature-based features, and
for other purposes.
House - 3/619
Referred to
Subcommittee on
Water Resources and
Environment
Watch NYC
S. 638 Sen. Tom Carper (D-DE)
A bill to require the Administrator of the Environmental
Protection Agency to designate per- and polyfluoroalkyl
substances as hazardous substances under the Comprehensive
Environmental Response, Compensation, Liability Act of 1980,
and for other purposes.
Senate - 2/28/19
Referred to Committee
on Environment and
Public Works Watch NYC
Updated April 2019
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 - 4/9/19 Passed
House 329-56.
Received in Senate,
referred to Committee
on Environment and
Public Works
Watch NYC
H.R. 1764 Rep. John Garamendi (D-CA)
To amend the Federal Water Pollution Control Act with respect to
permitting terms, and for other purposes.
House - 3/15/19
Referred to
Subcommittee on
Water Resources and
Environment
Watch CASA - Support
H.R. 1764 Rep. John Garamendi (D-CA)
To amend the Federal Water Pollution Control Act with respect to
permitting terms, and for other purposes.
House - 3/15/19
Referred to
Subcommittee on
Water Resources and
Environment
Watch CASA, NACWA,
ACWA - Support
S. 950 Sen. Debbie Stabenow (D-MI)
PFAS Detection Act of 2019. Requires the Director of the United
States Geological Survey to perform a nationwide survey of
perfluorinated compounds, and for other purposes.
Senate - 3/28/19
Referred to Committee
on Environment and
Public Works Watch NYC
S. 933 Sen. Sheldon Whitehouse (D-
RI)
BLUE GLOBE Act. Improves data collection and monitoring of the
Great Lakes, oceans, bays, estuaries, and coasts, and for other
purposes.
Senate - 3/28/19
Referred to Committee
on Commerce,
Science, and
Transportation
Watch NYC
Updated April 2019
OCSD
Federal
Bills of Interest
BILL AUTHOR SUMMARY LATEST ACTION OCSD POSITION OTHER
POSITIONS
S. 914 Sen. Roger Wicker (R-MS)
Coordinated Ocean Observations and Research Act of 2019.
Reauthorizes the Integrated Coastal and Ocean Observation System
Act of 2009, to clarify the authority of the Administrator of the National
Oceanic and Atmospheric Administration with respect to post-storm
assessments, and to require the establishment of a National Water
Center, and for other purposes.
Senate - 4/3/19
Referred to Committee
on Commerce,
Science, and
Transportation Watch NYC
H.R. 2019 Rep. Jerry McNerney (D-CA)
Smart Energy and Water Efficiency Act of 2019. Provides for a
smart water resource management pilot program.
House - 4/9/19
Referred to Committee
on Science, Space,
and Technology Watch NYC
H.R. 1904 Rep. Raul Grijalva (D-CA)
Indian Water Rights Settlement Extension Act. Amends the
Omnibus Public Land Management Act of 2009 to make the
Reclamation Water Settlements Fund permanent.
House - 4/4/19
Committee on Natural
Resources Hearings
Held
Watch NYC
H.R. 2205 Rep. David McKinley (R-WV)
Water Quality Certification Improvement Act of 2019. Amends the
Federal Water Pollution Control Act to make changes with respect to
water quality certification, and for other purposes.
House - 4/11/19
Referred to
Subcommittee on
Water Resources and
Environment
Watch NYC
H.R. 2189 Rep. Dutch Ruppersberger (D-
MD)
Digital Coast Act. Requires the Secretary of Commerce, acting
through the Administrator of the National Oceanic and Atmospheric
Administration, to establish a constituent-driven program to provide a
digital information platform capable of efficiently integrating coastal
data with decision-support tools, training, and best practices and to
support collection of priority coastal geospatial data to inform and
improve local, State, regional, and Federal capacities to manage the
coastal region, and for other purposes.
House - 4/9/19
Referred to Committee
on Natural Resources
Watch NYC
Updated April 2019
OCSD
Federal
Bills of Interest
BILL AUTHOR SUMMARY LATEST ACTION OCSD POSITION OTHER
POSITIONS
S. 1069 Sen. Tammy Baldwin (D-WI)
A bill to require the Secretary of Commerce, acting through the
Administrator of the National Oceanic and Atmospheric
Administration, to establish a constituent-driven program to
provide a digital information platform capable of efficiently
integrating coastal data with decision-support tools, training, and
best practices and to support collection of priority coastal
geospatial data to inform and improve local, State, regional, and
Federal capacities to manage the coastal region, and for other
purposes.
Senate - 4/9/19
Referred to Committee
on Commerce,
Science, and
Transportation
Watch NYC
S. 1087 Sen. John Barrasso (R-WY)
A bill to amend the Federal Water Pollution Control Act to make
changes with respect to water quality certification, and for other
purposes.
Senate - 4/9/19
Referred to Committee
on Environment and
Public Works Watch NYC
Legend:
ACC-OC- Association of California Cities, Orange County
LOCC- League of California Cities
NYC- Not Yet Considered
CASA- California Association of Sanitation Agencies
NACWA - National Association of Clean Water Agencies
ACWA- Association of California Water Agencies
CSDA- California Special Districts Association
Updated April 2019
To: Orange County Sanitation District
From: Townsend Public Affairs, Inc.
Date: April 22, 2019
Subject: Legislative and Public Affairs Agenda Report
State Political Update
In April, the Legislature has been focused on passing bills out of their policy committees before the deadline on April 26. Due to the way Easter fell on the 2019 calendar, the Legislature only
has one week when they return from Spring Recess on Monday April 22 to consider all policy bills that have been tagged as fiscal. They will have an additional week to consider all policy bills that have not been tagged as fiscal. Once those fiscal bills have passed their policy committee, they
must also pass their respective appropriations committees before being considered on the Assembly or Senate Floor.
Below is a list of key upcoming deadlines in the Legislature:
• April 22 – Legislature reconvenes from Spring Recess
• 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
• May 31 – Last day to pass bills introduced in their house of origin Economic Update
In April, the California Department of Finance released its third economic update of 2019. The report analyzes economic data from March 2019 as the report runs about one to two months behind the month in question.
Preliminary General Fund agency cash for the first nine months of the fiscal year is $2.22 billion below the 2019-20 Governor’s budget forecast of $93.74 billion. Revenues for March 2019 were
only $89 million below the Governor’s budget, due primarily to a shortfall in personal income tax estimated payments. Sales tax revenues, corporation tax revenues, and insurance tax revenues accounted for approximately $600 million in revenue above forecast, which was offset by personal income tax revenues falling to $2.88 billion below forecast. In January, Governor Newsom anticipated a budget surplus of nearly $22 billion and is relying on that amount to pay for all of his proposals. The same holds true for Legislative Democrats as they also craft their budget priorities. The Governor’s revised budget proposal based on the new revenue projections is due out in early May. According to updated data from the Franchise Tax Board, tax revenues for the month of April through late last week are at $12.2 billion. This number is significantly higher than the $10 billion that had been projected to date.
If the revenues continue on the same pace, not only is there the potential to eclipse the $14.2 billion monthly total that had been projected in April, but it also could effectively start to eliminate
the approximately $2.22 billion shortfall in the General Fund.
April 2019 Report 2
Cap and Trade
In February, the California Air Resources Board (CARB) conducted their first Cap and Trade
auction of 2019 and the first since Governor Gavin Newsom took office. For the eighth auction in
a row, all available emission credits were sold. The State expects to receive over $850 million
from the February 2019 auction. Revenues generated from the Cap and Trade program currently
go toward the Brown Administration’s High-Speed Rail project, various transportation
improvements, affordable housing, and sustainable community programs. 40 percent of the
revenues are available for future appropriation for projects that will reduce greenhouse gas
emissions. Governor Newsom has already announced his desire to slow down the High-Speed
Rail project as currently planned and focus on completing the Bakersfield to Merced segment. It
is anticipated that this could result in the Governor redirecting some of the annual $250 million in
Cap and Trade funding to other public transportation purposes. It is anticipated that the May
Budget Revise may introduce an updated expenditure plan of Greenhouse Gas Reduction Funds
that will shift the conversation toward these new priorities.
The next Cap and Trade auction will occur in May 2019.
Safe Drinking Water Proposals
TPA has been closely monitoring legislation for the last two years regarding taxes on urban water
system users and fees on the agricultural and dairy industry. Legislation introduced last year by
Senator Monning, SB 623, would have added these fees and taxes to help pay for safe drinking
water projects in the State’s most severely disadvantaged communities. This bill failed to
advance, even with attempts to include it as part of a budget trailer bill.
In 2019, Senator Monning introduced SB 200, which would establish the Safe and Affordable
Drinking Water Fund to be administered by the State Water Resources Control Board and to be
used to secure access to safe drinking water for all Californians. While SB 200 provides a
continuous appropriation to fund activities, so far, the bill does not yet identify the revenue source
for the funding. On March 20, SB 200 (Monning) was approved by the Senate Environmental
Quality Committee.
In his 2019-2020 January Budget, Governor Newsom also proposed to establish the Safe and
Affordable Drinking Water program to increase access to safe drinking water for Californians.
Similar to Governor Brown’s proposal last year and SB 623, the program would provide certain
local water agencies—particularly ones in disadvantaged communities—with grants, loans,
contracts, or services to help support their operations and maintenance costs.
This funding would be supported by new charges proposed by the Governor on water system
ratepayers (roughly $1 per residential meter per month), fertilizer sales, and certain agricultural
entities. In total, the Administration estimates that the various proposed charges would generate
roughly $110 million to $140 million annually when fully implemented. Charges on fertilizer and
agricultural entities would sunset 15 years after they go into effect.
April 2019 Report 3
In late March, Assembly Member Eduardo Garcia amended his AB 217 to add language regarding
a tax on water and solution to the safe drinking water problems in some of the most disadvantaged
communities across the state. Specifically, AB 217 takes an all-encompassing approach to the
issue, and brings funding sources together from the agricultural industry (similar to SB 623), a
$200 million/year appropriation from the General Fund for the next 5 years, and (future
amendments will come forward) a $ 0.50 drinking water tax on urban water system customers per
month.
It is still unclear what the final vehicle for a water tax will be, however these recent amendments show Assembly Member Eduardo Garcia’s intention to be a part of the conversation. AB 217 passed the Assembly Environmental Safety and Toxic Materials Committee on a party line vote of 6-3. Additional Priority Legislation
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 has been pulled by the Author and will be a
two-year bill.
AB 1672 (Bloom) – Solid waste: flushable products (OCSD Support)
AB 1672 would establish performance and labeling standards for flushable wipes that would help
prevent the flushing of wipes down the drain. AB 1672 would also define a flushable wipe and a
nonflushable wipe for the purposes of the bill. This bill seeks to apply the standards created by
the International Water Services Flushability Group to products sold in California. TPA has been
aggressively advocating OCSD’s position on AB 1672 in Sacramento. AB 1672 is currently in
the Assembly Judiciary Committee and will be heard on April 23.
SB 332 (Hertzberg) – Wastewater treatment: recycled water
SB 332 requires wastewater treatment facilities and affiliated water suppliers that discharge
through ocean outfall to reduce the overall volume of the facility’s annual flow by at least 50% by
January 1, 2030, and by at least 95% by January 1, 2040 and imposes a penalty of $2,000 per
acre-foot of water above the required reduction for failure to comply. TPA has worked with the
author’s office to set up a meeting with the bill sponsor, the Natural Resources Defense Council,
to express our concerns and start a dialogue that can result in positive change. SB 332 is
currently in the Senate Judiciary Committee and will be heard on April 23.
April 2019 Report 4
SB 667 (Hueso) – Greenhouse gases: recycling infrastructure and facilities.
SB 667 would require CalRecycle in coordination with the Treasurer to develop financial incentive
mechanisms, including, but not limited to, loans and incentive payments, to fund organic waste
diversion and recycling infrastructure. This bill also requires CalRecycle to develop and amend a
5-year investment strategy to drive innovation and support technological development and
infrastructure. SB 667 is currently in the Senate Environmental Quality Committee and will
be heard on April 24.
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.
Currently in the Assembly Local Government Committee Watch State Priorities: Continue to monitor the state budget process and actively protect the allocation of local property taxes tospecial districts.
ACCOC - NYCLOCC - WatchCASA - 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.
Currently in the Assembly Local Government Committee 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
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.
Currently in the Assembly Appropriations Committee 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.
Hearing canceled at the
request of the Author
Watch State Priorities: Support legislation or regulations that restrict the use of microplastics in any product that is disposed of through the sewer system.
ACCOC - NYC
LOCC - Watch
CASA - NYC
ACWA - NYC
CSDA - Watch
AB 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.
Currently in the Assembly Appropriations Committee 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 - 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.
Currently in the Assembly Appropriations Committee 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.
Hearing canceled at the request of the Author 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 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.
Failed passage in the Assembly Natural Resources Committee
Watch State Priorities:
Support efforts to
reform the
California Environmental Quality Act (CEQA)to streamline current proceduresand regulations for projects to refurbish or replace existing infrastructure facilities.
ACCOC - NYCLOCC - WatchCASA - NYCACWA - NYCCSDA - 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.
Currently in the Assembly Insurance Committee 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 establish a Local Emergency
Preparedness and Hazard Mitigation Fund to support staffing, planning,
and other emergency mitigation priorities to help local governments
meet emergency management, preparedness, readiness, and resilience
goals. The bill would require the Office of Emergency Services to distribute funds to lead agencies, as defined, throughout the state. The bill would require lead agencies to further distribute those funds to local governments pursuant to a specified schedule for specified purposes, and impose various requirements on local governments that receive funds pursuant to these provisions.
Currently in the Assembly Governmental Organization Committee
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 - NYCLOCC - WatchCASA - NYCACWA - NYCCSDA - 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.
Currently in the Assembly Appropriations Committee 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 405 Rubio [D]Sales and use taxes: exemption: water treatment. Would exempt from Sales and Use Tax the gross receipts from the sale in this state of, and the storage, use, or other consumption in this state of, chemicals used to treat water, recycled water, or wastewater regardless of whether those chemicals or other agents become a component part thereof and regardless of whether the treatment takes place before or after the delivery to consumers.
Currently in the Assembly
Revenue and Taxation
Committee
Watch Guiding Principles: Seek
funds for OCSD
projects through
grants,
appropriations, or
other means;
ACCOC - NYC
LOCC - Watch
CASA - Support
ACWA - NYC
CSDA - Support
AB 510 Cooley [D]Local government records: destruction of records. Current law authorizes the head of a department of a county or city, or the head of a special district to destroy recordings of telephone and radio communications maintained by that county, city, or special district after 100 days if that person receives approval from the legislative body and the written consent of the agency attorney. This bill would exempt the head of a department of a county or city, or the head of a special district from these recording retention requirements if the county, city, or special district adopts a records retention policy governing recordings of
routine video monitoring and recordings of telephone and radio
communications.
Two-year bill 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
OCSD
State
Bills of Interest
BILL AUTHOR SUMMARY LATEST ACTION OCSD POSITION LEGISLATIVE PLAN OTHER POSITIONSAB 587 Friedman [D]Accessory dwelling units: sale or separate conveyance Current
property tax law establishes a welfare exemption under which property
is exempt from taxation if the property is owned and operated by a
nonprofit corporation that is organized and operated for the purpose of
building and rehabilitating single-family or multifamily residences for
sale, as provided, at cost to low-income families. This bill would authorize an accessory dwelling unit that was ministerially approved pursuant to the process described above to be sold or conveyed separately from the primary residence to a qualified buyer if certain conditions are met.
Currently in the Assembly Local Government Committee Watch Legislative and
Regulatory Policies: Special
Districts - Oppose
further state
regulations that
adversely impact
special district
financing,
operations, and
administration.
ACCOC - NYCLOCC - WatchCASA - Work w/ authorACWA - NYCCSDA - Watch
AB 992 Mullin [D]Open meetings: local agencies: social media Would provide that the
Ralph M. Brown Act does not apply to the posting, commenting, liking,
interaction with, or participation in, internet-based social media
platforms that are ephemeral, live, or static, by a majority of the
members of a legislative body, provided that a majority of the members do not discuss among themselves business of a specific nature that is within the subject matter jurisdiction of the legislative body of the local agency.
Currently in the Assembly Local Government Committee Watch Legislative and
Regulatory
Policies: Special
Districts - Oppose
further state
regulations that
adversely impact
special district
financing,
operations, and
administration.
ACCOC - NYCLOCC - WatchCASA - ApproveACWA - NYCCSDA - Support
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.
Currently in the Assembly
Appropriations Committee
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 - Support
CASA - NYC
ACWA - NYC
CSDA - NYC
OCSD
State
Bills of Interest
BILL AUTHOR SUMMARY LATEST ACTION OCSD POSITION LEGISLATIVE PLAN OTHER POSITIONSAB 1180 Friedman [D]Water: recycled water The California Safe Drinking Water Act requires
the State Water Resources Control Board to administer provisions
relating to the regulation of drinking water to protect public health.
Current law requires, on or before January 1, 2020, the state board to
adopt standards for backflow protection and cross-connection control
through the adoption of a policy handbook, as specified. This bill would require that handbook to include provisions for the use of a swivel or changeover device to supply potable water to a dual-plumbed system during an interruption in recycled water service.
Currently in the Assembly Appropriations Committee Watch Legislative and
Regulatory Policies:
Recycled Water -
support measures
that promote and
provide for the use
of reclaimed water.
ACCOC - NYCLOCC - WatchCASA - SupportACWA - NYCCSDA - Support
AB 1588 Gloria [D]Drinking water and wastewater operator certification programs
Current law requires a person who operates a nonexempt wastewater
treatment plant to possess a valid, unexpired wastewater certificate or
water treatment operator certificate of the appropriate grade. This bill,
when applying for certification by the board as a water treatment operator, distribution system operator, or wastewater operator, would require operators of complex industrial facilities, including members of the military and military service veterans, to receive full equivalent experience credit and education credit for work and tasks performed that are directly related to the operation of water or wastewater facilities, as specified.
Currently in the Assembly Appropriations Committee Watch Legislative and
Regulatory
Policies: Special
Districts - Oppose
further state
regulations that
adversely impact
special district
financing,
operations, and
administration.
ACCOC - NYCLOCC - WatchCASA - SupportACWA - NYCCSDA - Support
ACA 1 Aguiar-Curry [D]Local government financing: affordable housing and public
infrastructure: voter approval. The California Constitution prohibits
the ad valorem tax rate on real property from exceeding 1% of the full
cash value of the property, subject to certain exceptions. This measure
would create an additional exception to the 1% limit that would authorize
a city, county, city and county, or special district to levy an ad valorem
tax to service bonded indebtedness incurred to fund the construction,
reconstruction, rehabilitation, or replacement of public infrastructure,
affordable housing, or permanent supportive housing, or the acquisition
or lease of real property for those purposes, if the proposition proposing
that tax is approved by 55% of the voters of the city, county, or city and
county, as applicable, and the proposition includes specified
accountability requirements.
Currently in the Assembly Appropriations Committee Watch Guiding
Principles: Seek
funds for OCSD
projects through
grants,
appropriations, or
other means;
ACCOC - NYCLOCC - SupportCASA - SupportACWA - NYCCSDA - Support
OCSD
State
Bills of Interest
BILL AUTHOR SUMMARY LATEST ACTION OCSD POSITION LEGISLATIVE PLAN OTHER POSITIONSSB 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.
Currently in the Senate Appropriations Committee Watch State Priorities:
Continue to
monitor the state
budget process
and actively
protect the allocation of local property taxes tospecial districts.
ACCOC - NYCLOCC - SupportCASA - WatchACWA - NYCCSDA - Watch
SB 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.
Currently in the Senate Appropriations Committee Watch Legislative and
Regulatory Policies: Special
Districts - Oppose further state regulations that adversely impact special district
financing,
operations, and
administration.
ACCOC - NYCLOCC - Oppose unless amendedCASA - Work w/ authorACWA - NYCCSDA - Oppose
SB 33 Skinner Solid waste: reduction and recycling. The California Integrated Waste Management Act of 1989, administered by the Department of Resources Recycling and Recovery, generally regulates the disposal, management, and recycling of solid waste. This bill would state the intent of the Legislature to enact legislation that would address the collapse of foreign recycling markets by reducing solid waste generation, encouraging transition to compostable or recyclable materials, and fostering domestic recycling markets.53231
Currently in the Senate Rules
Committee
Watch Legislative and Regulatory
Policies: Biosolids and
Biogas - Limit
redundant
reporting
requirements on
organics,
recyclable
material, and solid
waste as
mandated by AB
901.
ACCOC - NYC
LOCC - Watch
CASA - NYC
ACWA - NYC
CSDA - Watch
OCSD
State
Bills of Interest
BILL AUTHOR SUMMARY LATEST ACTION OCSD POSITION LEGISLATIVE PLAN OTHER POSITIONSSB 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.
Currently in the Senate Appropriations Committee 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 - NYCLOCC - WatchCASA - NYCACWA - NYCCSDA - Support
SB 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 thatprotects public agencies
ACCOC - NYC
LOCC - Watch
CASA - NYC
ACWA - NYC
CSDA - 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 - OpposeCASA - OpposeACWA - NYCCSDA - Oppose
OCSD
State
Bills of Interest
BILL AUTHOR SUMMARY LATEST ACTION OCSD POSITION LEGISLATIVE PLAN OTHER POSITIONSSB 457 Hueso [D]Biomethane: gas corporations Under existing law, the Public Utilities
Commission has regulatory authority over public utilities, including gas
corporations. Existing law authorizes the commission to fix the rates and
charges for every public utility and requires that those rates and
charges be just and reasonable. Existing law requires the commission to adopt policies and programs that promote the in-state production and distribution of biomethane, as defined, and that facilitate the development of a variety of sources of in-state biomethane. This bill would require the Public Utilities Commission to extend the program until December 31, 2026. This bill contains other related provisions and other existing laws.
Currently in the Senate Appropriations Committee Watch Legislative and
Regulatory Policies:
Biosolids and
Biogas - Support streamlined legislation, regulations and policies that encourage the procurement of biogas, biosolids, and compost.
ACCOC - NYCLOCC - WatchCASA - Refer to CommitteeACWA - NYCCSDA - NYC
SB 667 Hueso [D]Greenhouse gases: recycling infrastructure and facilities. Would require the Department of Resources Recycling and Recovery to develop, on or before January 1, 2021, and would authorize the department to amend, a 5-year investment strategy to drive innovation and support technological development and infrastructure, in order to meet specified organic waste reduction and recycling targets, as provided. The bill would require, on or before June 1, 2021, the department, in coordination with the Treasurer, to develop financial incentive mechanisms, including, but not limited to, loans and incentive payments, to fund organic waste diversion and recycling infrastructure.
Currently in the Senate
Environmental Quality
Committee
Watch Legislative and
Regulatory
Policies: Biosolids and
Biogas - Support
the promotion and funding of local
pilot programs,
studies, and
research for the
beneficial use of
biosolids.
ACCOC - NYC
LOCC - Support
CASA - Support
ACWA - NYC
CSDA - NYC
OCSD
State
Bills of Interest
BILL AUTHOR SUMMARY LATEST ACTION OCSD POSITION LEGISLATIVE PLAN OTHER 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.
Currently in the Senate Governance and Finance Committee
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 - No position
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 4/23/2019
Page 1 of 3
LEGISLATIVE AND PUBLIC AFFAIRS COMMITTEE Meeting Date 05/13/19 To Bd. of Dir. 05/22/19
AGENDA REPORT Item Number 4 Item Number
Orange County Sanitation District FROM: James D. Herberg, General Manager SUBJECT: PUBLIC AFFAIRS UPDATE FOR THE MONTH OF APRIL 2019
GENERAL MANAGER'S RECOMMENDATION Receive and file the Public Affairs Update for the month of April 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 the agency does to protect public health and the environment. The public is unaware that the Sanitation District is a resource recovery
facility that, aside from collecting and treating wastewater generated by 2.6 million people
in the service area, the Sanitation District also creates energy, recycles water for further treatment, and generates nutrient-rich biosolids. In general, the community does not realize the implications of improperly disposing of
waste into the sanitation system. They are unaware that the treatment process can be
negatively impacted, thus affecting the quality of water the Sanitation District supplies 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, the Sanitation District has the ability to educate the community, local agencies, and businesses on the What2Flush program, energy production, water recycling, biosolids, and the source
control program. This, in turn, results in a better quality of wastewater.
Page 2 of 3
TIMING CONCERNS N/A
RAMIFICATIONS OF NOT TAKING ACTION If the community, local agencies, and area businesses do receive education about the Sanitation District, the opportunity to educate thousands of people about the Sanitation
District’s plants, source control, and the wastewater industry as a whole is lost. PRIOR COMMITTEE/BOARD ACTIONS N/A
ADDITIONAL INFORMATION April 2019
Activity # # of Guests
OCSD/OCWD Tours 5 91
OCSD Tours 17 305
Speaking Engagements 4 310
Outreach Events 2 400
Current 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
• Fountain Valley Crossing Stakeholders Meeting
• AAEES Annual Conference and Awards Banquet Honor Walk Ceremony
The Honor Walk program will recognize two former employees on Wednesday, May 22
in a brief ceremony prior to the Steering Committee meeting. Ingrid Hellebrand and Chris Cervellone will both be recognized for their contributions to the Sanitation District. Both will receive a permanent engraved brick in front of the main entrance to the Administration Building at Plant No. 1.
Silver Mercury Award for GWRS Bottled Water Campaign The Sanitation District and OCWD were selected as the winners of the Silver Mercury Award for the GWRS bottled water campaign. The campaign was created when AB 2022 was signed by the California Governor saying that highly treated water could be bottled
to be used for educational purposes, hence the beginning of a year-long promotion. The
Page 3 of 3
promotions included a Hollywood media kick-off event, a California bottled water tour, the GWRS 10th Anniversary Winter Fest celebration as thanks for local support, and the Guinness World Record for the most wastewater recycled into drinking water within a
24-hour period.
Upcoming Activities - May 2019
• Crisis/Risk Communications Strategy for PFAS - The Emerging Public Issue
• Plant No. 2 neighborhood tour
• Public Works Week
• Honor Walk
• Southeast Area (Huntington Beach) Council Committee Meeting 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 April 2019
• Media Clips April 2019
Outreach April 2019
Date Event Attendees
4/1/19 USC Tour 18
4/2/19 CSULB Nursing Tour 12
4/3/19 Home School Group Tour 15
4/4/19 Tarbut School Tour 12
4/8/19 Construction Network Speaking Engagement 30
4/8/19 Hope University Tour 15
4/9/19 Engineering Tour 1
4/9/19 Golden West College Tour 25
4/11/19 Anaheim Public Works Tour 15
4/11/19 Speaking Engagement ‐ UCI 200
4/12/19 OCC Tour 27
4/12/19 OCCOFG Speaking Engagement 50
4/13/19 Westminster Spring Festival 200
4/13/19 Plant 2 Tour 2
4/15/19 CSULB Nursing Tour 15
4/16/19 CSULB Nursing Tour 24
4/17/19 CSULB Nursing Tour 24
4/18/19 CSULB Nursing Tour 12
4/18/19 Cub Scout Tour 15
4/19/19 Santiago Canyon College Tour 13
4/22/19 Western HS Tour 17
4/22/19 Irvine Earth Day 200
4/23/19 OCC Tour 30
4/24/19 Speaking Engagement ‐ FV 50
4/25/19 Gilbert HS Tour 17
4/26/19 Fullerton HS Tour 30
4/29/19 Beckman HS Tours 60
4/30/19 Beckman HS Tours 60
O C S D P u b l i c A f f a i r s O f f i c e
Monthly News Clippings
April 2019
Table of Contents
CONSTRUCTION…………………………………………… .................... PAGE 1 April 10, 2019 Newport adds $357,000 to Jamboree and Bayside Road Improvement project after water main break By: Hillary Davis
Daily Pilot HUMAN INTEREST…………………………………………… ................. PAGE 4
March 19, 2019 Serving the Mandate of World Water Day By: Cindy Wallis-Lage Water Online
April 9, 2019 OCWD President Vicente Sarmiento Testifies before Congress about safe and reliable water in the western US
By: Water Online Staff Water Online
April 16, 2019 Annual Conference 2019 Recap By: Megan Barillo CWEA.com April 17, 2019
Announcing the 209 CWEA Award Winners By: Megan Barillo CWEA.com April 23, 2019 Orange County Water District and Orange County sanitation District
Receive Mercury Award By: Dianne Pinnick/Jennifer Cabral Press Release
TWITTER POSTINGS …………………………………………… ............. PAGE 22 FACEBOOK POSTINGS ……………………………………………………PAGE 24
INSTAGRAM POSTINGS ………………………………..………………PAGE 28
1
Newport adds $357,000 to
Jamboree and Bayside road
improvement project after water
main break
By HILLARY DAVIS
APR 10, 2019 | 12:25 PM
Daily Pilot
April 10, 2019
2
Work on Bayside Drive, pictured, and nearby Jamboree Road and Marine Avenue is expected to be completed by next
week. (File Photo)
A water main break and manhole adjustments will add more than $350,000 to the
budget for a road improvement project in Newport Beach.
Work was nearly done on the Jamboree Road, Bayside Drive and Marine Avenue
area when the main, which is 18 inches in diameter, burst under Jamboree near
Bayside on Feb. 12. The break caused significant roadway damage in the
construction zone, in addition to the time and cost to get the water main back
online.
The city had already been drawing on a $300,000 contingency for adjustments
unrelated to the water main break, such as water meter relocations, landscaping
changes and unforeseen storm drain repairs.
The City Council unanimously agreed Tuesday to boost the project funding by
$357,000, including $300,000 for repairs related to the break and $57,000 for
manhole modifications. The Orange County Sanitation District will reimburse the
city for the manhole component.
The original $2.9-million construction contract was for narrowing lanes on Bayside
and rehabilitating segments of Jamboree and Marine.
The work is expected to be completed by next week.
Home reconstruction time limit
The council agreed Tuesday to limit homeowners to three years when rebuilding as
the city looks to tighten the time frame for what can seem like interminable
neighborhood construction projects.
The original $2.9-million construction contract was for narrowing lanes on Bayside
and rehabilitating segments of Jamboree and Marine.
The work is expected to be completed by next week.
3
Home reconstruction time limit
The council agreed Tuesday to limit homeowners to three years when rebuilding as
the city looks to tighten the time frame for what can seem like interminable
neighborhood construction projects.
One-off home reconstruction or remodeling is common in Newport, which had
2,557 active building permits as of Monday, and the limit is part of a plan to
ameliorate nuisance impacts on neighbors.
Under a new ordinance, homeowners will have three years to complete their
projects, with the possibility of two six-month extensions at the discretion of a
hearing officer.
The city currently doesn’t have a time limit for finishing construction.
The council agreed to the changes on a 6-1 vote, with Councilman Marshall “Duffy”
Duffield dissenting. He previously had said that even three years is too long.
The ordinance will return to the council for a final vote April 23. Regulations on
construction worker parking are pending.
MacArthur and University repaving
The council unanimously approved repaving MacArthur Boulevard between Bonita
Canyon Drive and the 73 Freeway and nearby University Drive between Jamboree
Road and the city limits just east of the 73.
The $2.3-million contract went to Orange-based R.J. Noble Co. With
contingencies, geotechnical services and incidentals, both segments of the project
— combined for efficiency — will cost $2.6 million total.
Work is scheduled to begin in late May and be completed by September.
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March 19, 2019
Serving the Mandate of World Water Day
By Cindy Wallis-Lage, President, Black & Veatch Water Business
The UN’s Sustainable Development Goals (SDGs) have shined new light on steps that must be
taken to safeguard our world’s critical resources. Addressing everything that impacts the
health and economic growth of communities, the SDGs embed sustainability in the global
consciousness and offer nations a roadmap for tackling the key challenges of our time.
As we celebrate World Water Day 2019, we can’t help but focus on SDG No. 6: ensuring safe
and plentiful water, along with the sustainable means to treat that supply for everyone —
regardless of their place in the developed or developing world. SDG No. 6 is either directly or
indirectly linked to all other SDGs.
As outlined in a review of the goal’s progress, water scarcity, flooding, and lack of proper
wastewater management hinder social and economic development. Increasing water
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March 19, 2019
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efficiency and improving water management are critical in the effort to balance competing
and growing water demands from various sectors and users.
The question, from many different angles, is, how do we do it?
• How do we ensure a resilient and abundant supply amid frequent drought cycles in the
American West?
• How does a highly water-stressed country like Singapore ensure water sustainability?
• How do we prevent flooding in Hong Kong, a megacity often strained to protect its
urban density from inundation?
• How do we create resilient systems to protect U.S. coastal residents from storm surge
and high tides?
• How can we efficiently capitalize on the renewable resource opportunities present in
wastewater?
The problems — and solutions — are as varied as the geographies where they occur and the
communities they serve.
Reuse: The Ultimate Sustainability Tool
Most people outside of California don’t realize the state’s arid climate. Frequent drought
cycles have made water an ever more critical resource, especially in Southern California.
That’s where officials with the Orange County Water District worked to expand their
Groundwater Replenishment System (GWRS), which has made the world’s largest advanced
water purification system for potable reuse even bigger in a region where supply is an acute
and everyday challenge.
Just over 10 years ago, treated wastewater effluent from the Orange County Sanitation
District (OCSD) was discharged into the Pacific Ocean. Today, after wastewater is treated, it
flows back into the system at the GWRS. Here, the treated wastewater undergoes an extensive
purification process consisting of microfiltration, reverse osmosis, and advanced oxidation
using hydrogen peroxide and ultraviolet light.
The end product is currently 100 MGD of water that exceeds all state and federal drinking
water standards, enough to meet the needs of nearly 850,000 residents in north and central
Orange County — proving that finding new ways to safely use what we already have is the
ultimate definition of sustainability and resilience. The final expansion of the GWRS,
expected to be complete in 2023, will boost its capacity to 130 MGD.
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In Singapore, where water catchment areas are limited due to lack of land space, its National
Water Agency, PUB, undertakes the responsibility to collect every drop of rain water, reuse
water endlessly, and desalinate seawater.
Namely, its Four National Taps are: local catchment water, imported water, high-grade
reclaimed water known as NEWater, and desalinated water.
Water demand in Singapore is currently about 430 MGD. By 2060, its total water demand is
projected to double. NEWater and desalination are integral to Singapore’s water strategy to
meet future water demand.
To ensure water sustainability, PUB has been strengthening its water reuse capabilities.
Today, it has five water reclamation facilities. The NEWater plants allow used water, which
would otherwise be lost to the sea, to be treated and reused as process water by local industry.
Its three-stage process is one of the most efficient ways to recycle used water, and has a
recovery rate of 75 percent, although the goal is a sustainable 90 percent rate. NEWater
production also requires significantly less energy than seawater desalination.
Pioneering Flood Control
Happy Valley, located in the Wan Chai District of Hong Kong, is a cultural, economic, and
entertainment center. Despite its metropolitan development, the area is prone to flooding as
it is located at low-lying ground near the Victoria Harbor. The Happy Valley Racecourse, one
of Hong Kong’s most popular attractions, was submerged under nearly three feet of
stormwater during a severe rainfall event in 2008.
Instead of throwing more drains at the problematic spots, leaders understood such a strategy
would not effectively reduce flooding risks because the downstream drains adjacent to the sea
would have already been submerged by seawater at high tide, thus reducing the flood
protection efficiency.
Engineers set out to implement a pioneering underground storage scheme, comprising a large
underground tank to store stormwater runoff for reduction of flooding risk during severe
rainfall events. The strategy included an integrated 1D network, 2D overland flow, and 3D
computational fluid dynamics models. There is also a network of sensors capturing tidal level
in Victoria Harbor and water levels at several strategic locations, including the storage tank
and the upstream and downstream of the drainage culvert.
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During heavy rain, water level rises and SCADA sensors would trigger the adjustable weir
system in which excess runoff would enter the storage tank. After the rainfall event when the
water level in the culvert drops, the adjustable weirs would be lowered to drain out part of the
stored stormwater to the downstream drainage network by gravity. The remaining
stormwater in the tank will then be drained out by pumping.
The solution prevents serious disruption to the nearby racecourse and recreational grounds,
as well as to traffic along the surrounding roads.
‘A Stormy Reality’
From the Atlantic seaboard to the Gulf Coast, images of a bucolic ocean lifestyle hide a stormy
reality. Take Charleston, SC, for instance: Perched on a harbor inlet of the Atlantic Ocean,
locals enjoy the temperate conditions common to southern climes, yet they wrestle with the
wet-weather consequences of life by the sea.
Statistics revealed by city leaders recently showed that by 2040, Charleston’s water
conveyance systems will be impacted by elevated waters on 180 days of each year — a stark
data point for an exposed city already coping with a rising sea. Respecting and understanding
the threat, city leaders began a massive large-diameter tunneling project to increase
stormwater management capacity. In Houston, where Hurricane Harvey besieged residents
in 2017, officials announced a feasibility study to determine whether a large-scale tunneling
system could help it cope with future storms.
More broadly, some U.S. cities which had once tacked strategic resilience planning onto the
job description for broader managerial roles are now devoting new positions to resilience
alone that are focused on water supply and management. In South Florida, multiple
jurisdictions have begun appointing “Chief Resilience Officers” to take leadership roles in
managing long-term resilience-focused water infrastructure strategy.
The city of Miami, Miami Beach, Broward County, Miami-Dade County, and Palm Beach
County all have CROs. After Superstorm Sandy battered New York City in 2012, the city
created the Mayor’s Office of Recovery and Resiliency, which has aggressively pursued
projects aimed at shielding Manhattan from the effects of major storms and climate change.
Preserving Quality Of Life
The safe disposal of municipal wastewater is vital to preserving the environment and
protecting the health of communities. As previously discussed, wastewater can be treated and
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safely reused for potable and non-potable applications. But are there other ways in which we
can turn wastewater from a “waste” into a valuable, renewable resource?
Yorkshire Water is one of many UK water utilities making investments to unlock wastewater’s
power generation potential. At Knostrop Wastewater Treatment Works, in the northern city
of Leeds, Yorkshire Water is spending £72 million on an upgrade project that will enable the
works to meet 55 percent of its own electricity needs — equivalent of providing power to
8,000 homes — through advanced wastewater treatment.
Sludge, a byproduct of the sewage treatment process, is the main source of biogas. At
Knostrop, a new state-of the-art sludge treatment and anaerobic digestion facility are at the
heart of the drive to unlock what the utility refers to as “poo-power.”
The new treatment process will have other environmental benefits, in addition to generating
renewable energy. The site’s carbon emissions will be reduced by 15 percent, and 94 percent
of Leeds’ sewage sludge will be safely recycled.
Looking ahead, the design of the new treatment process has used the limited space available
efficiently to allow for future expansion. In the present, the efficient design also ensures that
the operation and maintenance of the new equipment is not compromised. This has been
enabled, in part, by the innovative use of new digital technologies to create intelligent piping
and instrumentation diagrams — iP&IDs. Knostrop is one of the first water projects to benefit
from iP&IDs.
The Interconnectedness Of Sustainability
Securing our water supply is a high calling on its own, but what happens when we draw new
connections?
Let’s start at the intersection of water and energy: Black & Veatch recently began exploring
how the installation of large-scale floating solar panels could help reduce water loss, suppress
algae growth, and minimize erosion. Preliminary results at one site in Asia indicate water loss
through evaporation can be reduced by as much as 70 percent, a critical benefit in water-
scarce regions relying on surface water reservoirs.
Water can return the favor: A 2018 report by the National Renewable Energy Laboratory
(NREL) concluded that solar projects placed at reservoirs in the U.S. would have the potential
to meet as much as 10 percent of the nation’s energy supply while saving millions of acres of
land.
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Thinking holistically — how water, power, and all resources are connected — can unlock a
wealth of engineering innovation, provided we are open to the possibilities.
Accounting for The Human Element
The water industry is at a turning point. Utilities recognize the power in making their
operations more efficient through strategies that maximize data, manage assets, and more
effectively engage with customers — all while doing more with less. A new water economy is
encouraging modern tools and efficient technologies to address old problems of resource and
cost.
But something else is stirring.
The human element, which has always been at the center of the engineering solutions that
safeguard our water supply, is coming into even sharper focus. Solutions account not just for
the hard work of moving and treating water itself, but also for human impact and benefit.
How do these solutions integrate, supplement — and, whenever possible, complement — our
communities and way of life?
That is the mandate of World Water Day, and indeed, every day.
Cindy Wallis-Lage is President of Black & Veatch’s water business, leading the company’s
efforts to address billions of dollars in water infrastructure needs around the world. Wallis-
Lage joined the company in 1986 and has provided leadership and project expertise to more
than 100 municipal and industrial facilities throughout North America, South America, the
United Kingdom, Asia Pacific, and India. Wallis-Lage joined the Black & Veatch Board of
Directors in 2012. A licensed professional engineer, she earned a Bachelor of Science in Civil
Engineering from Kansas State University in 1985 and her Master of Science in
Environmental Health Engineering from the University of Kansas.
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OCWD President Vicente Sarmiento Testifies Before
Congress About Safe and Reliable Water in the
Western United States
April 9, 2019
Recently, Orange County Water District (OCWD; the District) President Vicente Sarmiento
appeared in Washington D.C. to testify before the House Subcommittee on Water, Oceans,
and Wildlife. President Sarmiento spoke about one of the most pressing issues—the provision
of a safe and reliable water supply in the western United States.
As a leader in water recycling and groundwater management, OCWD was invited to discuss
the projects and programs it has implemented that have helped the region to better weather
drought and that have created a long-term reliable water supply for the 2.5 million people it
serves in north and central Orange County.
OCWD’s most notable accomplishment is its award-winning Groundwater Replenishment
System (GWRS), the world’s largest water purification project. A joint project of OCWD and
the Orange County Sanitation District, the GWRS has become a global model for water
reliability. Seeing wastewater as a resource, the two agencies made history when they
brought a 70-million-gallon-a-day (MGD) project online in 2008 and a 30-MGD expansion
online in 2015. Today, the GWRS produces 100 MGD and a final expansion of the project will
be implemented in 2023 that will bring total water production to 130 million gallons of water
a day—enough water for one million people.
“The GWRS is a solution to water supply challenges, increasing water demands, local control,
and long-term reliability,” said President Sarmiento. “There is no one-size-fits-all solution
when it comes to water recycling, but the GWRS is one of the most valuable assets in Orange
County and it is a project that can be replicated locally, nationally and globally. The potential
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April 9, 2019
11
for water recycling is tremendous and when implemented, these projects will result in water
security.”
Since, 1933 OCWD has managed and protected the Orange County Groundwater Basin,
which provides water to 2.5 million people in north and central Orange County. Nineteen
cities and water districts water districts pump 77 percent of their water supply out of the
groundwater basin. OCWD’s proactive approach to planning and investment resulted in a
groundwater basin that is protected against seawater intrusion and has doubled its annual
yield since the 1960s.
For decades, OCWD has worked with the U.S. Army Corps of Engineers (Corps) to capture
more stormwater behind Prado Dam to minimize the loss of stormwater to the ocean and
maximize what is put into the groundwater basin. Additional efforts with the Corps include
increasing water supply reliability and flood control management through advanced
forecasting tools such as Forecast Informed Reservoir Operations (FIRO) that allows
improved forecasts and new tools to be used by water managers for water operations.
Increased forecast ability (longer lead time) will allow the Corps and OCWD to update
operations at Prado Dam to improve water supply reliability in a changing climate, thereby
reducing demands on imported water and saving energy.
“OCWD was truly honored to testify before the subcommittee and will continue to collaborate
and share information in the interest of providing water reliability for all,” added President
Sarmiento. “OCWD’s innovation, along with state and federal support, are the reasons why
OCWD’s projects and programs are in place.”
As leaders in the water industry, OCWD is a supporter of legislation currently pending before
the Subcommittee, H.R. 1162, that would reinvigorate the United States Bureau of
Reclamation’s Title XVI water recycling program, authorizing $500M dollars in competitive
grants assistance and, for the first time, increasing the ceiling on project assistance to $30M.
The District requested that the sub-committee move to approve H.R. 1162 so that many
more projects like the GWRS may be built.
The Orange County Water District appreciates the opportunity to testify before Congressional
and state committees to share information, new research, best practices, and lessons
learned.
About the Subcommittee on Water, Oceans, and Wildlife
The Subcommittee on Water, Oceans, and Wildlife is part of the House Committee on Natural
Resources and is responsible for overseeing the agencies that manage America’s water
resources, hydropower development, and federal transmission lines. To view today's full
testimony, please visit https://youtu.be/0RpK6SsrxGs.
About OCWD
The Orange County Water District is committed to enhancing Orange County’s groundwater
quality and reliability in an environmentally friendly and economical manner. The following
cities rely on the groundwater basin, managed by OCWD, to provide 77 percent of their
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water demands: Anaheim, Buena Park, Costa Mesa, Cypress, Fountain Valley, Fullerton,
Garden Grove, Huntington Beach, Irvine, La Palma, Los Alamitos, Newport Beach, Orange,
Placentia, Santa Ana, Seal Beach, Stanton, Tustin, Villa Park, Westminster and Yorba Linda.
For more information, visit www.ocwd.com.
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Annual Conference 2019 Recap
By Megan Barillo · April 16, 2019 · Views: 203
The 2019 Annual Conference (held at the Renaissance Palm Springs and Palm Springs
Convention Center) included tracks on Leadership, Water Reuse, Biosolids, Pump Basics,
Laboratory TNI Standards, Declining Flows, Asset Management, just to name a few. With over
1,000 attendees and 720 vendor attendees, the week was full of energy, learning, networking
and fun! You can download conference presentations here.
The conference started off on a sweet note with Drew Dudley of Day One Leadership defining
what a lollipop moment was. He shared inspiring stories on leadership, recognizing leadership in
ourselves, raising leaders, working with leaders and ultimately changing our view on how we see
leadership.
This was the second year CWEA held the Women Impacting Water breakfast meeting to a sold
out group. Megan Yoo Schneider lead the audience on an interactive journey of networking and
discussion with California water leaders, engineers, operators and scientists. It was a high energy
discussion where participants shared how they achieve work life balance, why having mentors
are so important and to keep looking for the opportunities. Thank you United Rentals, ARUP, DN
Tanks, Woodard & Curran and V&A Consulting for sponsoring this event.
The Conference Committee put together an outstanding program. New and exciting events and
items worth mentioning:
• Several hands-on workshops for pumps, microbiology and process optimization
• Truck Maintenance training
• More hotels to select from
• You Don’t Know Pooh Game Show
CWEA
April 16, 2019
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• CWEA Sewer Hunt: Journey of a Thousand Pipes Scavenger Hunt
• Chief Plant Operators Networking
• Mobile Tech Tours
• Partnering with CA-NV AWWA to Launch AWT Operator Certification
• More Wednesday networking lunches
This year, CWEA recognized 10 5S new inductees. All of these individuals are recognized for
being active in protecting the water environment through participation in Local, State, and/or
Federal sponsored activities. The 2019 shovel took on the form of the California grizzly bear.
These new shovels are available to any 5S recipient wanting to upgrade or collect this new
shovel. It’s a limited availability and can be purchased for a donation of $25 to the Kirt Brooks
Scholarship fund. Contact mbarillo@cwea.org for information
The week continued with some bittersweet moments, as we said “so long” to CWEA’s Executive
Director, Elizabeth Allan as she enters retirement after 17 years with CWEA. Read her interview
here.
The first ever You Don’t Know 💩 game show was a stinking hit! Two days full of wastewater
trivia and prizes galore, including the coveted 💩 emoji trophy! Congratulations to WEF
President Tom Kunetz and his various team members for wiping the slate clean with his
wastewater knowledge two days in-a-row.
But those weren’t all the prizes that were in store. The Students and Young Professionals
Committee put on a flawless scavenger hunt through the exhibit hall. The Journey of a Thousand
Pipes Sewer Hunt attracted almost 40 participants. Each participant was required to engage with
exhibitors to extract an answer from them in order to win points and ultimately, prizes! All of
this was done in the CWEA Conference App.
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Debbie Webster of Central Valley Clean Water Association (left) won the Grand Prize iPad.
Check out the feedback we’re receiving on the scavenger hunt!
“The Scavenger Hunt was a fun thing to play. I hope it continues at future CWEA Conferences.”
“Great conference, great idea on the scavenger hunt and the app.”
Thank you Dudek for sponsoring this fun event!
The week ended on a high note with the voting in of the new CWEA Board during the Annual
Business Meeting and the cheers and applause for all the deserving water professionals being
awarded at the Annual Awards Celebration. More than 30 CWEA State award winners were
recognized, 10 Kirt Brooks Scholarship winners and several WEF winners. The complete list of
winners of CWEA and WEF awards given, including new 5S inductees can be found here. Thank
you Xylem, Inc. for sponsoring the awards events.
Thank you Tom Kunetz for sharing words of wisdom on what an actual Diva is and for sharing
your story on how nothing should be standing in your way. With the right amount of
determination, anything can be done.
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We will all take these words of wisdom, lessons learned, tips, tricks and more with us as we level
up in our sector. Thank you to all AC19 sponsors.
And to top that all off, thanks to the generous donations from Local Sections and collections from
CWEA members during the week, almost $30,000 was raised for the Kirt Brooks Memorial Water
Scholarship Fund!
CWEA would like to extend a big “thank you” to Ddaze Phuong of Orange County Sanitation
District and Ralph Palomares of El Toro Water District for their continuous support in capturing
these moments so we can share and look back on them in future years.
This conference wouldn’t have been successful if it wasn’t for these people. Thank you
Conference Education Program Team!
• Chairs: Brian Peck, SOCWA and Monica Myhill, CWEA
• CWEA President: Connie Leonard, PE, BCEE, CDM Smith
• Education Program Team:
• Gary Warren, EBMUD – Chair
• Laurie Brenner, Union Sanitary District
• Howard Brewen, Jacobs
• Steve Cano, Central Marin Sanitation District
• Thomas Falk, CDM Smith
• Kathryn Gies, West Yost Associates
• Chris Newton, South Coast Water District
• Amy Omae, HDR
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• John Robinson, John Robinson Consulting
• Wendy Wert, LACSD
• Andrea White, Moleaer
• Exhibits: Denis Pollak, Retired; Brian Villacorta, Coombs-Hopkins and Christine Carchia
CWEA
• Women’s Networking Breakfast and Volunteer Reception: Berlinda Blackburn, City of
Coachella
• Opening General Session: Megan Yoo Schneider, Seven Management Consulting Inc. and
Municipal Water District of Orange County
• Technical Tours: Charles Greely Dudek
• Awards Lunch: Ian Mackenzie, Hazen and Megan Barillo, CWEA
• Track Facilitator Co-Chairs: Bryce Danker, Hazen; Sheba Haviz, Arup and Roni Young,
SOCWA
• SYP: Veronica Astells, Town of Windsor
• Golf Tournament: Steve Agor, Skanska
• Photo & Video: Ralph Palomares, El Toro Water District and Ddaze Phuong, Orange
County Sanitary District
To volunteer for AC20 Education Program Team taking place in Reno, NV on March 31 – April 3
contact Gary Warren, EBMUD.
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CWEA.com
Announcing the 2019 CWEA Award Winners
By Megan Barillo · April 17, 2019 · Views: 171
The California Water Environment Association (CWEA) announced the winners of its 2019
awards program at its Annual Conference in Palm Springs on April 12.
Nominations that advance through CWEA’s 17 local sections’ awards programs plus a select
group of special awards are eligible to compete statewide.
CWEA officers are available to make a presentation to CWEA award recipients at agency board or
City Council meetings. Please contact Victoria Thornton at vthornton@cwea.org or (510) 382-
7800 x 113.
Congratulations to these agencies and individuals leading the way in
the protection and enhancement of our water environment.
Supervisor of the Year: Ted Gerber, Orange County Sanitation District
CWEA
April 17, 2019
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Quarter Century from the South:
• Tony Lee, Orange County Sanitation District
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PRESS RELEASE
FOR IMMEDIATE RELEASE
Contacts: Diane Pinnick, (714) 378-3228 or dpinnick@ocwd.com
Jennifer Cabral, (714) 593-7581 or jcabral@ocsd.com
Orange County Water District and Orange County Sanitation District
Receive Mercury Award
FOUNTAIN VALLEY, Calif. (April 23, 2019) –– The Orange County Water District (OCWD; the District) and
the Orange County Sanitation District (OCSD) received a Silver Mercury Award for their Groundwater
Replenishment System (GWRS) Bottled Water Campaign. The International Mercury Awards competition
honors the best in public relations, public affairs and corporate communications.
The GWRS Bottled Water Campaign spanned a year and included a Hollywood media kick-off event, a
California bottled water tour, the GWRS 10th anniversary Winter Fest celebration as thanks for local
support, and the garnering of the Guinness World Records™ title for the most wastewater recycled to
drinking water in 24 hours.
The two agencies collaborated on the creation of the Groundwater Replenishment System (GWRS), the
world’s largest advanced water purification project for drinking water. Since it came online in 2008, it has
produced 282 billion gallons of near-distilled quality water that was added to the Orange County
Groundwater Basin and later pumped by 19 cities and water agencies to supply 77 percent of the water
needs for 2.5 million people in north and central Orange County. The GWRS currently produces 100
million gallons per day of water.
“The GWRS Bottled Water Campaign drew tens of thousands of peoples’ attention to state and local
water needs and provided knowledge about water reuse as a viable new source of drinking water,” said
OCWD/OCSD Press Release
April 23, 2019
21
OCWD President Vicente Sarmiento. “OCWD and OCSD were the first to bottle advanced recycled water in
the Western Hemisphere. Since bottling, people from as far away as Spain and England have been able to
sample reused water for themselves. The GWRS is paving the way for other projects like it around the
world and we believe that support begins with tasting and seeing the water.”
“Educating people that wastewater is a resource is critical to the success of water reuse projects,” said
OCSD Chairman David Shawver. “This project has helped Orange County create a reliable water supply
and we look forward to the project’s final expansion in 2023, which will bring total water production to
130 million gallons a day—enough water for one million people. At that time, we can proudly say that we
have met OCSD’s 100 percent recycling goal.”
The annual International Mercury Award is named for the Roman god who was the messenger of the
other gods and symbolizes the spirit of the message communicated. Judging is based on the values of ADD
1-1-1 Orange County Water District and Orange County Sanitation District Receive Mercury Award For
creativity, effectiveness, performance, and success. Visit
https://www.mercommawards.com/mercury.htm for more information about the award.
About Orange County Water District (OCWD)
The Orange County Water District is committed to enhancing Orange County’s groundwater quality and
reliability in an environmentally friendly and economical manner. The following cities rely on the
groundwater basin, managed by OCWD, to provide 77 percent of their water demands: Anaheim, Buena
Park, Costa Mesa, Cypress, Fountain Valley, Fullerton, Garden Grove, Huntington Beach, Irvine, La Palma,
Los Alamitos, Newport Beach, Orange, Placentia, Santa Ana, Seal Beach, Stanton, Tustin, Villa Park,
Westminster and Yorba Linda. For more information about OCWD, please visit www.ocwd.com, like
@OCWaterDistrict on Facebook, follow @OCWDWaterNews on Twitter, follow Orange County Water
District on LinkedIn, and follow @OCWD on Instagram.
About Orange County Sanitation District (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 visit www.ocsd.com or call (714) 962-2411.
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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.