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HomeMy WebLinkAbout06-10-2019 LaPA Committee Agenda Packet06/10/2019 Legislative and Public Affairs Committee Page 1 of 3 Orange County Sanitation District Meeting of the LEGISLATIVE AND PUBLIC AFFAIRS COMMITTEE Monday, June 10, 2019 12:00 P.M. Administration Building Board Room 10844 Ellis Avenue Fountain Valley, CA (714) 593-7433 UAGENDA UPLEDGE OF ALLEGIANCE: UDECLARATION OF QUORUM: UPUBLIC COMMENTS:U 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. UREPORTS:U 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. UCONSENT CALENDAR:U 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 Any items withdrawn from the Consent Calendar for separate discussion will be considered in the regular order of business. 1.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 May 13, 2019. 2. POSITION LETTER: ASSEMBLY BILL 1184 (Jim Herberg) RECOMMENDATION: Approve letter of Oppose for Assembly Bill 1184 - Public records: writing transmitted by electronic mail: retention (Gloria). NON-CONSENT: 3. TITLE XVI BUREAU OF RECLAMATION FUNDING OPPORTUNITY FOR EFFLUENT REUSE PROJECT UNDER THE WATER INFRASTRUCTURE IMPROVEMENTS FOR THE NATION (WIIN) ACT (Jim Herberg) RECOMMENDATION: Recommend to the Board of Directors to: Adopt Resolution No. OCSD 19-XX entitled, “A Resolution of the Board of Directors of the Orange County Sanitation District approving and authorizing the grant application for the third 06/10/2019 Legislative and Public Affairs Committee Page 2 of 3 round of the Title XVI Water Recycling Projects under the Water Infrastructure Improvements for the Nation (WIIN) Act including Orange County Sanitation District’s Effluent Reuse Project; and the Execution of Grant Documents with the United States Department of the Interior, Bureau of Reclamation”. 4. LEGISLATIVE AFFAIRS UPDATE FOR THE MONTH OF MAY 2019 (Jim Herberg) RECOMMENDATION: Recommend to the Board of Directors to: Receive and file the Legislative Affairs Update for the month of May 2019. 5. PUBLIC AFFAIRS UPDATE FOR THE MONTH OF MAY 2019 (Jim Herberg) RECOMMENDATION: Recommend to the Board of Directors to: Receive and file the Public Affairs Update for the month of May 2019. UINFORMATION ITEMS: None. UOTHER BUSINESS AND COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS, IF ANY:U 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. UADJOURNMENT: The next Legislative and Public Affairs Committee meeting is scheduled for Monday, July 8, 2019 at 3:30 p.m. 06/10/2019 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 30T30T30T30T30TU30TU30Tjherberg@ocsd.comUU30T30T30T Assistant General Manager Rob Thompson (714) 593-7310 30Trthompson@ocsd.com30T Assistant General Manager Lorenzo Tyner (714) 593-7550 30Tltyner@ocsd.com30T Director of Environmental Services Lan Wiborg (714) 593-7450 lwiborg@ocsd.com Public Affairs Supervisor Jennifer Cabral (714) 593-7581 30T30T30Tjjcabral@ocsd.com30T30T30T Senior Public Affairs Specialist Rebecca Long (714) 593-7444 30T30T30Trlong@ocsd.com30T30T30T 05/13/2019 Legislative and Public Affairs Committee Minutes Page 1 of 4 MINUTES OF THE LEGISLATIVE AND PUBLIC AFFAIRS COMMITTEE Orange County Sanitation District Monday, May 13, 2019 at 12:00 p.m. A meeting of the Legislative and Public Affairs Committee was called to order by Committee Chair Peter Kim on Monday, May 13, 2019 at 12:00 p.m. in the Administration Building of the Orange County Sanitation District. Chair Kim led the pledge of allegiance. A quorum was declared present, as follows: COMMITTEE MEMBERS PRESENT: Peter Kim, Chair Allan Bernstein, Vice-Chair Lucille Kring, Member-At-Large Erik Peterson, Member-At-Large Christina Shea, Member-At-Large David Shawver, Board Chair John Withers, Board Vice-Chair COMMITTEE MEMBERS ABSENT: None. STAFF PRESENT: Jim Herberg, General Manager Rob Thompson, Assistant General Manager Lorenzo Tyner, Assistant General Manager Celia Chandler, Director of Human Resources Kathy Millea, Director of Engineering Lan Wiborg, Director of Environmental Services Tina Knapp, Assistant Clerk of the Board Jennifer Cabral Tanya Chong Daisy Covarrubias Rebecca Long Tyler Ramirez OTHERS PRESENT: Brad Hogin, General Counsel Eric Sapirstein, ENS Resources (via teleconference) Eric O’Donnell, Townsend Public Affairs (TPA) Cori Williams, Townsend Public Affairs (TPA) PUBLIC COMMENTS: None. REPORT OF COMMITTEE CHAIR: None. REPORT OF GENERAL MANAGER: None. ITEM NO. 1 05/13/2019 Legislative and Public Affairs Committee Minutes Page 2 of 4 CONSENT CALENDAR: 1. APPROVAL OF MINUTES (Clerk of the Board) MOVED, SECONDED, and DULY CARRIED TO: Approve minutes for the Committee meeting held on April 8, 2019. AYES: Bernstein, Kim, Peterson and Withers NOES: None ABSTENTIONS: Shea ABSENT: Kring and Shawver 2. POSITION LETTERS: ASSEMBLY BILL 405 AND SENATE BILLS 69 AND 667 (Jim Herberg) MOVED, SECONDED, AND DULY CARRIED TO: 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). AYES: Bernstein, Kim, Peterson, Shea and Withers NOES: None ABSTENTIONS: None ABSENT: Kring and Shawver NON-CONSENT: 3. LEGISLATIVE AFFAIRS UPDATE FOR THE MONTH OF APRIL 2019 (Jim Herberg) Board Chairman Shawver arrived at 12:02 p.m. and Director Kring arrived at 12:30 p.m.; both arriving during Item No. 3. Committee Chair Kim welcomed Director Shea to the Legislative and Public Affairs Committee. Senior Public Affairs Specialist Rebecca Long indicated that with the guidance of this Committee, staff signed a California Association of Sanitation Agencies (CASA) joint coalition letter to Senator Stern in support of his goal to appropriate funds for research relating to fire ravaged land reclamation using biosolids. The request includes a State investment of $200,000. A successful demonstration project will give important insights into the potential for utilizing California sourced biosolids to reclaim and stabilize wildfire burn scars in the aftermath of catastrophic wildfire events. 05/13/2019 Legislative and Public Affairs Committee Minutes Page 3 of 4 Ms. Long also indicated that staff is currently monitoring Senate Bill (SB) 332 by Senator Hertzberg that, in its current state, would mandate a 50% reduction of baseline volume by January 1, 2030, and a 95% reduction of baseline volume by January 1, 2040. As part of this process, staff met with the sponsor of the bill, the Natural Resources Defense Council (NRDC). Additionally, the Sanitation District is participating in the CASA SB 332 workgroup helping to create a framework for the author that represents water and wastewater agencies as well as the work done by the Sanitation District. Staff is working with TPA to finalize a response letter to the NRDC. Ms. Long also indicated that DC advocacy days are schedule for June 17-19, 2019. Eric Sapirstein provided a PowerPoint presentation and a brief overview of his monthly report which included: infrastructure initiatives, permit terms legislation, and letters of support for key legislation. Eric O’Donnell, TPA, provided a PowerPoint presentation with information on: current legislative schedule, the Governor’s May revise to the budget, and an update on 2019 legislation. Mr. O’Donnell reviewed the current status of SB 332 (Hertzberg) – Ocean Discharge and reviewed the meeting that was had to discuss the bill during the Sacramento advocacy trip and reviewed bill proponents and components and the details of the letter that was sent outlining suggested improvements. Mr. O’Donnell also reviewed the status of AB 1672 (Bloom) – Flushable Wipes. Board Vice-Chair Withers requested an update on the economics surrounding the food digester project at Plant No. 2 as the fee discussion develops. Committee Chair Kim deemed the Legislative Affairs Update for the month of April 2019 received and filed. 4. PUBLIC AFFAIRS UPDATE FOR THE MONTH OF APRIL 2019 (Jim Herberg) Jennifer Cabral, Public Affairs Supervisor, provided a PowerPoint presentation which reviewed outreach efforts made and meetings attended over the last month. Ms. Cabral provided a brief description of upcoming events including information on OCSD’s 65th Anniversary Open House which will take place on Saturday, July 27 from 9:00 a.m. to 12:00 p.m., along with the Centrifuge Ribbon Cutting event being held at 8:30 a.m. on this same day. Ms. Cabral then announced recent awards received by the agency. Board Chair Shawver expressed interest in information pertaining to the agencies invited to participate in the Open House, specifically SAWPA. Committee Chair Kim deemed the Public Affairs Update for the month of April 2019 received and filed. 05/13/2019 Legislative and Public Affairs Committee Minutes Page 4 of 4 INFORMATION ITEMS: None. OTHER BUSINESS AND COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS, IF ANY: Committee Chair Kim and Board Chairman Shawver thanked staff for the recent tour of Plant No. 2. UBOARD OF DIRECTORS INITIATED ITEMS FOR A FUTURE MEETING: None. ADJOURNMENT: Committee Chair Kim declared the meeting adjourned at 1:00 p.m. to the next Legislative and Public Affairs Committee meeting, Monday, June 10, 2019 at 12:00 p.m. Submitted by: _____________________ Tina Knapp, MMC Assistant Clerk of the Board Page 1 of 2 LEGISLATIVE AND PUBLIC AFFAIRS COMMITTEE Meeting Date 06/10/19 To Bd. of Dir. -- AGENDA REPORT Item Number 2 Item Number -- Orange County Sanitation District FROM: James D. Herberg, General Manager SUBJECT: POSITION LETTER: ASSEMBLY BILL 1184 GENERAL MANAGER'S RECOMMENDATION Approve letter of Oppose for Assembly Bill 1184 - Public records: writing transmitted by electronic mail: retention (Gloria). BACKGROUND Assembly Bill (A.B.) 1184 places an unfunded mandate on public agencies by amending the California Public Records Act (CPRA) to store every transmitted email for at least two years. 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, neighboring agencies 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 the Sanitation District’s job to take an active role in policy making decisions. PROPOSED SOLUTION Staff has drafted a letter of oppose for A.B. 1184. TIMING CONCERNS It is important that the Sanitation District take a position on the letter as soon as possible to ensure that the Sanitation District’s position is considered when reviewing the bill. RAMIFICATIONS OF NOT TAKING ACTION A.B. 1184 may be signed into law. Page 2 of 2 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 Oppose - A.B. 1184 • A.B. 1184 Bill Text June 10, 2019 The Honorable Todd Gloria California State Assembly Member State Capitol, Room 2176 Sacramento, CA 95814 RE: AB 1184 (Gloria): Oppose Dear Assembly Member Gloria: The Orange County Sanitation District (OCSD, Sanitation District) respectfully opposes Assembly Bill (AB) 1184, which will require all public agencies to maintain all transmitted emails for at least two years. OCSD supports the goal of public transparency in local governments; however, the restrictions provided in AB 1184 are too demanding. Currently, local governments are allowed to destroy or dispose of duplicate records that are less than two years old when they are no longer required by the public agency. Changing this to force public agencies to keep all electronic correspondence regardless of what type of record it is and subject matter for two years will be costly and logistically challenging. As currently drafted, this is not a transparency bill, it is a data storage bill. This bill places an unfunded mandate on public agencies by amending the California Public Records Act (CPRA) to store every transmitted email for at least two years. This bill creates no new disclosures or exemptions of records. The public will have no greater access to public records, nor will they have less. This bill only requires public agencies to spend money on data storage, and by placing the provision in the CPRA, the State will avoid constitutional requirements to reimburse public agencies for the data costs associated with the higher level of service required by the bill. The Sanitation District should be allowed to determine what information it keeps, with respect to the CPRA, and should be able to maintain local control to adopt records retention policies. For these reasons, the Orange County Sanitation District must respectfully oppose AB 1184. Thank you for your consideration of our concerns. Sincerely, David John Shawver Board Chairman CC: Orange County Legislative Delegation AMENDED IN ASSEMBLY MAY 16, 2019 AMENDED IN ASSEMBLY APRIL 24, 2019 AMENDED IN ASSEMBLY MARCH 25, 2019 california legislature—2019–20 regular session ASSEMBLY BILL No. 1184 Introduced by Assembly Member Gloria February 21, 2019 An act to add Section 6253.32 to the Government Code, relating to public records. legislative counsel’s digest AB 1184, as amended, Gloria. Public records: writing transmitted by electronic mail: retention. The California Public Records Act requires a public agency, defined to mean any state or local agency, to make public records available for inspection, subject to certain exceptions. Existing law specifies that public records include any writing containing information relating to the conduct of the public’s business, including writing transmitted by electronic mail. The act requires any agency that has any information that constitutes a public record not exempt from disclosure, to make that public record available in accordance with certain provisions and authorizes every agency to adopt regulations stating the procedures to be followed when making its records available, if the regulations are consistent with those provisions. Existing law authorizes cities, counties, and special districts to destroy or to dispose of duplicate records that are less than two years old when they are no longer required by the city, county, or special district, as specified. 96 This bill would, unless a longer retention period is required by statute or regulation, require a public agency for purposes of the California Public Records Act to retain and preserve for at least 2 years every writing containing information relating to the conduct of the public’s business prepared, owned, or used by any public agency that is transmitted by electronic mail or other similar messaging system. mail. The California Constitution requires local agencies, for the purpose of ensuring public access to the meetings of public bodies and the writings of public officials and agencies, to comply with a statutory enactment that amends or enacts laws relating to public records or open meetings and contains findings demonstrating that the enactment furthers the constitutional requirements relating to this purpose. This bill would make legislative findings to that effect. 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 no reimbursement is required by this act for a specified reason. Vote: majority. Appropriation: no. Fiscal committee: yes.​ State-mandated local program: yes.​ The people of the State of California do enact as follows: line 1 SECTION 1. Section 6253.32 is added to the Government line 2 Code, immediately following Section 6253.31, to read: line 3 6253.32. Unless a longer retention period is required by statute line 4 or regulation, a public agency shall, for the purpose of this chapter, line 5 retain and preserve for at least two years every writing containing line 6 information relating to the conduct of the public’s business line 7 prepared, owned, or used by any public agency that is transmitted line 8 by electronic mail or other similar messaging system. mail. line 9 SEC. 2. The Legislature finds and declares that Section 1 of line 10 this act, which adds Section 6253.32 to the Government Code, line 11 furthers, within the meaning of paragraph (7) of subdivision (b) line 12 of Section 3 of Article I of the California Constitution, the purposes line 13 of that constitutional section as it relates to the right of public line 14 access to the meetings of local public bodies or the writings of line 15 local public officials and local agencies. Pursuant to paragraph (7) line 16 of subdivision (b) of Section 3 of Article I of the California line 17 Constitution, the Legislature makes the following findings: 96 — 2 — AB 1184 line 1 This act furthers the right of public access to the writings of local line 2 public officials and local agencies by requiring that public agencies line 3 preserve for at least two years every writing containing information line 4 relating to the conduct of the public’s business prepared, owned, line 5 or used by any local agency that is transmitted by electronic mail line 6 or other similar messaging system. mail. line 7 SEC. 3. No reimbursement is required by this act pursuant to line 8 Section 6 of Article XIII B of the California Constitution because line 9 the only costs that may be incurred by a local agency or school line 10 district under this act would result from a legislative mandate that line 11 is within the scope of paragraph (7) of subdivision (b) of Section line 12 3 of Article I of the California Constitution. 96 AB 1184 — 3 — Page 1 of 3 LEGISLATIVE AND PUBLIC AFFAIRS COMMITTEE Meeting Date 06/10/19 To Bd. of Dir. 06/26/19 AGENDA REPORT Item Number 3 Item Number Orange County Sanitation District FROM: James D. Herberg, General Manager SUBJECT: TITLE XVI BUREAU OF RECLAMATION FUNDING OPPORTUNITY FOR EFFLUENT REUSE PROJECT UNDER THE WATER INFRASTRUCTURE IMPROVEMENTS FOR THE NATION (WIIN) ACT GENERAL MANAGER'S RECOMMENDATION Adopt Resolution No. OCSD 19-XX entitled, “A Resolution of the Board of Directors of the Orange County Sanitation District approving and authorizing the grant application for the Title XVI Water Recycling Projects under the Water Infrastructure Improvements for the Nation (WIIN) Act including Orange County Sanitation District’s Effluent Reuse Project; and the Execution of Grant Documents with the United States Department of the Interior, Bureau of Reclamation”. BACKGROUND Title XVI Water Reclamation and Reuse Projects under WIIN is for sponsors of projects eligible under section 4009(c) of the WIIN Act to request cost-shared funding for the planning, design, and/or construction of those projects. To be eligible, sponsors must have completed a Title XVI Feasibility Study that Reclamation was reviewed and found to meet all the requirements of Reclamation Manual Release WTR 11-01. The recipient must provide at least 75 percent of the total project cost. Approximately four to eight awards are expected to be made, with up to $20 million available. The Orange County Sanitation District (Sanitation District) has been awarded a $1.325 million grant from the first round of funding through the Title XVI WIIN Program. The grant covers expenses incurred from July 2017 through September 30, 2019. The grant will help fund the design of the Plant No. 2 Headworks Segregation Project (P2-122), which would increase the amount of water delivered to the Groundwater Replenishment System (GWRS). Currently, the Sanitation District will be applying for the third round of funding for Project No. P2-122, which would cover construction costs that are incurred through September 30, 2021. RELEVANT STANDARDS • Maintain a culture of improving efficiency to reduce the cost to provide the current service level or standard • Use all practical and effective means for resource recovery Page 2 of 3 • Maintain collaborative and cooperative relationships with regulators, stakeholders, and neighboring communities PROBLEM Due to the regulations, as laid out by the Bureau of Reclamation, the Sanitation District must submit a resolution with our application otherwise it will become null and void and we will have lost the opportunity to receive funding for the final expansion of the GWRS. PROPOSED SOLUTION Approve the resolution granting the Sanitation District the ability to apply for the third round of the WIIN Act funding for the construction of the Plant No. 2 Headworks Segregation Project (P2-122), which would increase the amount of water delivered to the GWRS and support GWRS Final Expansion. TIMING CONCERNS The grant is due to the Bureau of Reclamation on June 28, 2019. According to the rules and regulations set forth by the Bureau, an approved/signed resolution must be submitted with the grant proposal. RAMIFICATIONS OF NOT TAKING ACTION Our application for the grant would not be accepted and we would not receive the funding (if granted) to offset the costs of the Plant No. 2 Headworks Segregation Project. PRIOR COMMITTEE/BOARD ACTIONS June 2018 - Adopted Resolution No. OCSD 18-11 approving and authorizing the grant application for the Title XVI Water Recycling Projects under the WIIN Act including the Sanitation District’s Effluent Reuse Project; and the Execution of Grant Documents with the United States Department of the Interior, Bureau of Reclamation. ADDITIONAL INFORMATION N/A CEQA N/A FINANCIAL CONSIDERATIONS N/A Page 3 of 3 ATTACHMENT The following attachment(s)is included in hard copy and may also be viewed on-line at the OCSD website (www.ocsd.com) with the complete agenda package: • Draft Resolution No. OCSD 19-XX 996132.2 OCSD 19-XX-1 RESOLUTION NO. OCSD 19-XX A RESOLUTION OF THE BOARD OF DIRECTORS OF THE ORANGE COUNTY SANITATION DISTRICT APPROVING AND AUTHORIZING THE GRANT APPLICATION FOR THE THIRD ROUND OF THE TITLE XVI WATER RECYCLING PROJECTS UNDER THE WATER INFRASTRUCTURE IMPROVEMENTS FOR THE NATIONS (WIIN) ACT INCLUDING ORANGE COUNTY SANITATION DISTRICT’S EFFLUENT REUSE PROJECT; AND THE EXECUTION OF GRANT DOCUMENTS WITH THE UNITED STATES DEPARTMENT OF THE INTERIOR, BUREAU OF RECLAMATION WHEREAS, the Board of Directors approved a five-year Strategic Plan in November 2013 establishing future water recycling as a strategic goal; and WHEREAS, in furtherance of the Strategic Plan, the Sanitation District conducted an Effluent Reuse Study (SP-173) to assess the feasibility of water recycling at the Huntington Beach Facility and to evaluate options to improve the region's local water supply reliability by substituting recycled water for existing potable water demands; and WHEREAS, the U.S. Department of the Interior, Bureau of Reclamation, has announced the third-round grant funding through a program entitled "Title XVI Water Recycling Projects Under WIIN Act" (“Grant") established under Title XVI of Public Law No. 114-322 to assist in identifying and investigating opportunities to reclaim and reuse wastewater and promote the availability of new sources of clean water while promoting water and energy efficiency and environmental stewardship; and WHEREAS, this resolution certifies the Board of Directors' approval of the Sanitation District's grant application for the Bureau of Reclamation’s Funding Opportunity Number BOR-DO-19-F018. NOW, THEREFORE, the Board of Directors of Orange County Sanitation District DOES HEREBY RESOLVE, DETERMINE, AND ORDER: Section 1: The Board of Directors hereby approves the Sanitation District's application for a Grant to the United States Department of the Interior, Bureau of Reclamation, in response to funding opportunity announcement BOR-DO-19-F018 to support projects identified by the SP-173 Effluent Reuse Study, support water reclamation and reuse, and promote water efficiency, sustainable water management, and environmental stewardship. Section 2: The Board of Directors authorizes the General Manager or his designee to submit an application for the Grant and to negotiate and execute any documents related to this Grant, including a grant application and cooperative agreement, 996132.2 OCSD 19-XX-2 to accept financial assistance from the U.S. Department of the Interior, Bureau of Reclamation. Section 3. If the application for the Grant is approved, the Sanitation District has the capability to provide matching grant funds and/or in-kind contributions specified in the grant requirements. Section 4. The Sanitation District will work with the U.S. Department of the Interior, Bureau of Reclamation, to meet established deadlines for entering into a cooperative agreement. PASSED AND ADOPTED at a regular meeting of the Board of Directors held June 26, 2019. David John Shawver Chairman of the Board ATTEST: Kelly A. Lore, MMC Clerk of the Board 996132.2 OCSD 19-XX-3 STATE OF CALIFORNIA ) ) ss COUNTY OF ORANGE ) I, Kelly A. Lore, Clerk of the Board of Directors of the Orange County Sanitation District, do hereby certify that the foregoing Resolution No. OCSD 19-XX was passed and adopted at a regular meeting of said Board on the 26th day of June 2019, by the following vote, to wit: AYES: NOES: ABSTENTIONS: ABSENT: IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of Orange County Sanitation District this 26th day of June 2019. Kelly A. Lore, MMC Clerk of the Board of Directors Orange County Sanitation District Page 1 of 2 LEGISLATIVE AND PUBLIC AFFAIRS COMMITTEE Meeting Date 06/10/19 To Bd. of Dir. 06/26/19 AGENDA REPORT Item Number 4 Item Number Orange County Sanitation District FROM: James D. Herberg, General Manager SUBJECT: LEGISLATIVE AFFAIRS UPDATE FOR THE MONTH OF MAY 2019 GENERAL MANAGER'S RECOMMENDATION Receive and file the Legislative Affairs Update for the month of May 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 Staff was recently notified that Senate Bill (SB) 332 by Senator Hertzberg will be a two-year bill. Additionally, we were notified that the bill has been placed in the Suspense file for this year. The bill is expected to come back next year. In its current form, the bill 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 will continue to monitor this bill and continue working with our partner agencies and organizations including the California Association of Sanitation Agencies and Watereuse. Additionally, we will continue to work with and help educate the sponsor of this bill, the Natural Resources Defense Council (NRDC). The Washington D.C. Advocacy Days have 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/PFAS Matrix - ENS Resources • State Update & Legislative Matrix - Townsend Public Affairs • Grant Matrix M E M O R A N D U M TO: Rebecca Long FROM: Eric Sapirstein DATE: May 20, 2019 SUBJECT: Washington Update The past month saw significant progress in congressional action on fiscal year (FY) 2020 spending bills. Aside from setting in motion the decision-making process for spending priorities, efforts to move forward on infrastructure and Per- and Polyfluoroalkyl Substances (PFAS) policies continued in both chambers. The following summarizes these activities and potential impacts upon OCSD. Regulation and Remediation of PFAS The escalating concern over the health impacts connected to PFAS contamination of drinking water sources has generated dozens of bills to require either the listing of PFAS for regulation under the Safe Drinking Water Act or developing grants assistance to communities for the cleanup of water supplies. We attached a copy of the bills that have been introduced to date. The issue for OCSD is a growing interest in regulating the discharge of PFAS compounds under the Clean Water Act. Under current thinking, such regulation would be imposed upon manufacturers of products that contain PFAS, such as cookware and fire retardants, through the establishment of effluent limitations. At the same time, there does not seem to be an interest in regulating clean water agencies, but as the debate continues and U.S. Environmental Protection Agency (USEPA) conducts its investigation on PFAS impacts, the potential (and only the potential) exists that biosolids could become part of the review process, setting in motion questions on the feasibility of land application. Again, this has not been a focus of ongoing reviews, but merits continued monitoring. 2 | Page Fiscal Year 2020 Spending Priorities Begin to Take Shake Out in the House The House Committee on Appropriations formally took incremental actions on a series of spending bills, including those that fund the U.S. Bureau of Reclamation, U.S. Department of Energy, U.S. Army Corps of Engineers and USEPA, moving the bills to the House floor for debate and passage. In approving the Energy and Water Development Appropriations Bill, the committee emphasizes and directs the agencies to support projects that address resiliency needs, such as sea level rise. As to actual funding priorities, the bill would fund water recycling, desalination and innovative water technology solutions, reversing the Administration’s budget request to effectively eliminate such funding. Under the measure (H.R. XXXX), the WaterSmart Program is funded at $63 million to enhance efforts to develop water conservation and innovation. The all-important water recycling account is funded at $64 million because of the limited authorization that exists. This amount could be increased in the coming months, if Congress renews the Water Infrastructure Improvements for the Nation Act (WIIN) program. The provided funding could assist OCSD in its effort to develop alternative water supply from its effluent. Within the U.S. Department of Energy, the committee states in its report that there is “great potential” for energy savings from wastewater (water) systems. It provides an additional $5 million to support technical assistance to agencies seeking to reduce energy consumption. But in a more meaningful commitment, the bill would appropriate $20 million to support the demonstration of wastewater energy efficient technologies, including alternative energy sources. This funding presents an opportunity for OCSD to consider re-establishing its relationship with USDOE to identify ways in which it could serve as an incubator to demonstrate energy efficient technologies. The committee also approved the USEPA spending bill (H.R. XXXX) and in so doing reaffirmed its support of core water infrastructure assistance programs, the State Revolving Loan Fund Program and the Water Infrastructure Finance and Innovation Act. Under the measure, the SRF would receive $3 billion ($1.8 billion for wastewater and $1.3 billion for drinking water) Water Infrastructure Finance and Innovation Act (WIFIA). WIFIA would receive $45 million, leveraging $5 billion in new construction. Assuming House passage of the two spending bills before July 4th, the Senate Committee on Appropriations is expected to begin considering its versions of the spending bills over the summer with the expectation of finalizing spending bills in the fall before October 1. Infrastructure Policy Initiative Grows to $2 Trillion; But Passage Unclear As congressional infrastructure policy committees continue to consider ways to address the nation’s water infrastructure needs, President Trump and Democratic leaders met and agreed to boost the overall infrastructure program budget to $2 trillion. The general reception in Congress was skepticism on the ability to fund such a commitment. 3 | Page ENS Resources, Inc. 1901 Pennsylvania Avenue, N.W. Suite 1005 Washington, D.C. 20006 Phone 202.466.3755/Telefax 202.466.3787 Nonetheless, at the time of this writing, the president and Democratic leaders are scheduled to meet the week of May 20 to identify funding mechanisms to achieve the benchmark of $2 trillion. Given the limited time that remains in the legislative session this year and the approaching general election next year, it seems more probable that a piecemeal approach to water infrastructure will be the route to success. To this end, the House clean water infrastructure bill, H.R. 1497, appears to be the vehicle to provide increased funding for the SRF program at a $4 billion annual funding level. This bill could also serve to address affordability issues, including disadvantaged communities, management of wipes, and resiliency policy issues. Committee on Transportation & Infrastructure action on H.R. 1497 is expected before Congress recesses for July 4th. Action in the Senate continues to be elusive as the focus continues to be on transportation infrastructure needs. According to Committee on Environment and Public Works, water infrastructure would be addressed as part of next year’s renewal of the Water Resources Development Act. If this occurs, the second session of this Congress in 2020 would be dedicated to sending a significant water bill to the president shortly before the general election or during a Lame Duck Session following the elections. Aside from wastewater infrastructure, the priority to address resiliency and alternative water supply needs continues to be a focus for the House Committee on Natural Resources and the Senate Committee on Energy and Natural Resources. In the House, Representative Josh Harder (D-CA) introduced the Save Our Water Ac (H.R. 2473) that would, among other matters, fund individual water recycling projects at a maximum amount of $30 million. The bill would commit $500 million to the overall program for a period of five years. The bill mirrors an early bill (H.R. 1162, sponsored by Representative Grace Napolitano (D-CA), and which OCSD’s Representatives Harley Rouda and Alan Lowenthal cosponsored. Should either legislation be enacted into law, it would provide OCSD with a new source of funding opportunities related to its ongoing water recycling program. Meanwhile, in the Senate, Senator Dianne Feinstein, working with the Committee on Energy and Natural Resources, has developed a draft bill to renew expiring provisions of the Water Infrastructure Improvements for the Nation Act. Within the legislation are provisions to extend the Act’s water recycling project assistance by providing similar assistance as authorized under the Napolitano and Harder bills. 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 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 H.R. 535 Rep. Debbie Dingell (D-MI)R Comprehensive Environmental Response, Compensation, and Liability Act of 1980. Will require the Administrator of the Environmental Protection Agency to designate per- and polyfluoroalkyl substances as hazardous substances under the 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 H.R. 667 Rep. Jaime Herrera Beutler (R- WA) Regulatory Certainty for Navigable Waters Act. Repeals the Waters of the United States rule and amend the Federal Water Pollution Control Act definition of navigable waters, and for other purposes. House - 2/7/19 Referred to Subcommittee on Water Resources and Environment Watch NYC Federal Legislation 2019 - 2020 Priority Updated May 2019 OCSD Federal Bills of Interest BILL AUTHOR SUMMARY LATEST ACTION OCSD POSITION OTHER POSITIONS S. 403 Sen. Sheldon Whitehouse (D- RI) A bill to encourage the research and use of innovative materials and associated techniques in the construction and preservation of the domestic transportation and water infrastructure system, and for other purposes. Senate - 2/7/19 Referred to Committee on Environment and Public Works Watch NYC H.R. 977 Rep. Brian Mast (R-FL) To require the Corps of Engineers to notify affected communities before releasing water contaminated with cyanobacteria from flood risk management projects, and for other purposes. House - 2/7/19 Referred to Subcommittee on Water Resources and Environment Watch NYC H.R. 892 Rep. Duncan Hunter (R-CA) To amend the Federal Water Pollution Control Act to limit attorney fees and penalties in citizen suits, and for other purposes. House - 2/7/19 Referred to Subcommittee on Water Resources and Environment Watch NYC H.R. 358 Rep. Juan Vargas (D-CA) California New River Restoration Act of 2019. Requires the USEPA to establish a California New River restoration program for the New River. USEPA must (1) implement projects, plans, and initiatives for the New River supported by the California-Mexico Border Relations Council; and (2) provide grants and technical assistance for coordinating restoration and protection activities. House - 2/7/19 Referred to Subcommittee on Water Resources and Environment Watch NYC S. 376 Sen. Rand Paul (R-KY)A bill to amend the Federal Water Pollution Control Act to clarify the definition of navigable waters, and for other purposes. Senate - 2/7/19 Referred to Committee on Environment and Public Works Watch NYC Updated May 2019 OCSD Federal Bills of Interest BILL AUTHOR SUMMARY LATEST ACTION OCSD POSITION OTHER POSITIONS H.R. 658 Rep. Rosa DeLauro National Infrastructure Development Bank Act. Facilitates efficient investments and financing of infrastructure projects and new job creation through the establishment of a National Infrastructure Development Bank, and for other purposes. House - 2/7/19 Referred to Subcommittee on Economic Development, Public Buildings, and Emergency Management Watch NYC H.R. 1137 Rep. John Garamendi (D-CA) To amend the Water Resources Development Act of 1986 to repeal the authority relating to reprogramming during national emergencies. House - 2/12/19 Referred to the Subcommittee on Water Resources and Environment Watch NYC H.R. 1317 Rep. Harley Rouda (D-CA) Coastal Communities Adaption Act. Improves the resilience of the built and natural environment to natural disasters and climate change using, among other measures, natural and nature-based features, and for other purposes. House - 3/619 Referred to Subcommittee on Water Resources and Environment Watch NYC S. 638 Sen. Tom Carper (D-DE) A bill to require the Administrator of the Environmental Protection Agency to designate per- and polyfluoroalkyl substances as hazardous substances under the Comprehensive Environmental Response, Compensation, Liability Act of 1980, and for other purposes. Senate - 2/28/19 Referred to Committee on Environment and Public Works Watch NYC S. 611 Sen. Bernie Sanders (I-VT)A bill to provide adequate funding for water and sewer infrastructure, and for other purposes. Senate - 2/28/19 Referred to Committee on Environment and Public Works Watch NYC Updated May 2019 OCSD Federal Bills of Interest BILL AUTHOR SUMMARY LATEST ACTION OCSD POSITION OTHER POSITIONS 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 May 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 Effeciency 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 May 2019 OCSD Federal Bills of Interest BILL AUTHOR SUMMARY LATEST ACTION OCSD POSITION OTHER POSITIONS S. 1069 Sen. Tammy Baldwin (D-WI) A bill to require the Secretary of Commerce, acting through the Administrator of the National Oceanic and Atmospheric Administration, to establish a constituent-driven program to provide a digital information platform capable of efficiently integrating coastal data with decision-support tools, training, and best practices and to support collection of priority coastal geospatial data to inform and improve local, State, regional, and Federal capacities to manage the coastal region, and for other purposes. Senate - 4/9/19 Referred to Committee on Commerce, Science, and Transportation Watch NYC S. 1087 Sen. John Barrasso (R-WY) A bill to amend the Federal Water Pollution Control Act to make changes with respect to water quality certification, and for other purposes. Senate - 4/9/19 Referred to Committee on Environment and Public Works Watch NYC H.R. 2473 Rep. Josh Harder (D-CA) S.A.V.E. Water Resourcs Act. Promotes water supply reliability and improved water management for rural communities, the State of California, and the Nation, and for other purposes. House - 5/2/19 Referredto Committee on Natural Resources Watch NYC S. 1251 Sen. Jeanne Shaheen (D-NH) Safe Drinking Water Assistance Act of 2019. Improves and coordinate interagency Federal actions and provide assistance to States for responding to public health challenges posed by emerging contaminants, and for other purposes. Senate - 4/30/19 Referred to Committee on Environment and Public Works Watch NYC H.R. 2458 Rep. Debbie Mucarsel-Powell (D-FL) WISE Act. Amends the Federal Water Pollution Control Act to require a certain percentage of funds appropriated for revolving fund capitalization grants be used for green projects, and for other purposes. House - 5/1/19 Referred to Subcomittee of Water Resrources and Environment Watch NYC Updated May 2019 OCSD Federal Bills of Interest BILL AUTHOR SUMMARY LATEST ACTION OCSD POSITION OTHER POSITIONS H.R. 2377 Rep. Brendan Boyle (D-PA) Protect Drinking Water from PFAS Act of 2019. Requires the Environmental Protection Agency (EPA) to address the level of perfluoroalkyl and polyfluoroalkyl substances (PFAS) in drinking water. Specifically, the EPA must publish a maximum contaminant level goal and promulgate a national primary drinking water regulation for total PFAS. PFAS are man-made chemicals that may lead to adverse human health effects. House - 4/29/19 Referred to Committee on Energy and Commerce Watch NYC H.R. 2533 Rep. Frank Pallone (D-NJ)To assist community water systems affected by PFAS contamination, and for other purposes. House - 5/7/19 Referred to Committee on Energy and Commerce Watch NYC H.R. 2566 Rep. Darren Soto (D-FL) To require the Administrator of the Environmental Protection Agency to revise the Safer Choice Standard to provide for a Safer Choice label for pots, pans, and cooking utensils that do not contain PFAS, and for other purposes. House - 5/7/19 Referred to Committee on Energy and Commerce Watch NYC H.R. 2577 Rep. Antonio Delgado (D-NY) PFAS Right-To-Know Act. Amends the Emergency Planning and Community Right-To-Know Act of 1986 to include per- and polyfluoroalkyl substances on the Toxics Release Inventory, and for other purposes. House - 5/8/19 Referred to Committee on Energy and Commerce Watch NYC S. 1372 Sen. Debbie Stabenow (D-MI) A bill to encourage Federal agencies to expeditiously enter into or amend cooperative agreements with States for removal and remedial actions to address PFAS contamination in drinking, surface, and ground water and land surface and subsurface strata, and for other purposes. Senate - 5/8/19 Referred to Committee on Environment and Public Works Watch NYC Updated May 2019 OCSD Federal Bills of Interest BILL AUTHOR SUMMARY LATEST ACTION OCSD POSITION OTHER POSITIONS H.R. XXXX Rep. Kaptur, Marcy (D-OH) Making appropriations for energy and water development and related agencies for the fiscal year ending September 30, 2020, and for other purposes. House - 5/16/19 Reported out of Subcommittee on Energy and Water Development, and Related Agencies Watch NYC H.R. XXXX Rep. McCollum, Betty (D-MN) Making appropriations for the Department of the Interior, environment, and related agencies for the fiscal year ending September 30, 2020, and for other purposes House - 5/16/19 Reported out of Subcommittee on Interior and the Environment, and Related Agencies Watch NYC H.R. 2705 Rep. Earl Blumenauer (D-OR)To establish a Water Infrastructure Trust Fund, and for other purposes. House - 5/15/19 Referred to Subcommittee on Water Resources and Environment Watch NYC H.R. 2755 Rep. Brendan Boyle (D-PA)To standardize and extend certain Buy America Provisions. House - 5/15/19 Referred to Committees on Transportation and Infrastructure, Energy and Commerce Watch NYC S. 1473 Sen. Kristen Gillibrand (D-NY) A bill to amend the Safe Drinking Water Act to require the Administrator of the Environmental Protection Agency to set maximum contaminant levels for certain chemicals, and for other purposes. House - 5/15/19 Referred to Committee on Environment and Public Works Watch NYC Updated May 2019 OCSD Federal Bills of Interest BILL AUTHOR SUMMARY LATEST ACTION OCSD POSITION OTHER POSITIONS S. 1535 Sen. Mark Warner (D-VA) A bill to facilitate efficient investments and financing of infrastructure projects and new, long-term job creation through the establishment of an Infrastructure Financing Authority, and for other purposes. Senate - 5/16/19 Referred to Committee on Finance Watch NYC H.R. 2776 Rep. Lori Trahan (D-MA)To make certain municipalities eligible for grants under the Federal Water Pollution Control Act, and for other purposes. House - 5/16/19 Referred to Subcommittee on Water Resources and Environment Watch NYC H.R. 2800 Rep. Elissa Slotkin (D-MI) To amend the Safe Drinking Water Act to require continued and expanded monitoring of perfluoroalkyl and polyfluoroalkyl substances in drinking water, and for other purposes. House - 5/16/19 Referred to Committee on Energy and Commerce Watch NYC S. 1507 Sen. Shelley Moore Capito (D- WV) A bill to include certain perfluoroalkyl and polyfluoroalkyl substances in the toxics release inventory, and for other purposes. Senate - 5/16/19 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 May 2019 Bill Number Title Introduced Sponsor Cosponsors Latest Action Date Last Action Committees Summary Comments H.R. 535 PFAS Action Act of 2019 1/14/2019 Dingell, Debbie (D- MI) 42 2/7/2019 Referred to Subcommittee on Railroads, Pipelines, and Hazardous Materials House: Energy and Commerce, Transportation and Infrastructure Requires the Administrator of the Environmental Protection Agency to designate per- and polyfluoroalkyl substances as hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980. S. 638 PFAS Action Act of 2019 2/28/2019 Carper, Tom (D-DE) 30 2/28/2019 Referred to Committee on Environment and Public Works Senate: Environment and Public Works 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. Carper is Ranking Democrat on committee S. 950 PFAS Detection Act of 2019 3/28/2019 Stabenow, Debbie (D- MI) 6 3/28/2019 Referred to Committee on Environment and Public Works Senate: Environment and Public Works Requires the Director of the United States Geological Survey to perform a nationwide survey of perfluorinated compounds, and for other purposes. Stabenow has taken lead on PFAS issue H.R. 1976 PFAS Detection Act of 2019 3/28/2019 Kildee, Daniel (D- MI) 19 4/18/2019 Referred to Subcommittee on Water, Oceans, and Wildlife House: Natural Resources Requires the Director of the United States Geological Survey to perform a nationwide survey of perfluorinated compounds, and for other purposes. PFAS LEGISLATION 116th Congress - 1st Session PFAS Legislation Bill Number Title Introduced Sponsor Cosponsors Latest Action Date Last Action Committees Summary Comments H.R. 2377 Protect Drinking Water from PFAS Act of 2019 4/29/2019 Boyle, Brendan (D- PA) 14 4/29/2019 Referred to Committee on Energy and Commerce House: Energy and Commerce Amends the Safe Drinking Water Act to require the Administrator of the Environmental Protection Agency to publish within one year of enactment a maximum contaminant level goal and promulgate a national primary drinking water regulation for total per- and polyfluoroalkyl substances, and for other purposes. Legislative approach is considered the most likley outcome for congressional action on PFAS H.R. 2533 To assist community water systems affected by PFAS contamination, and for other purposes. 5/7/2019 Pallone, Frank (D-NJ) 1 5/7/2019 Referred to Committee on Energy and Commerce House: Energy and Commerce Assists community water systems affected by PFAS contamination, and for other purposes. Pallone serves as Chair of Energy and Commerce with jurisdiction over drinking water H.R. 2566 To require the Administrator of the Environmental Protection Agency to revise the Safer Choice Standard to provide for a Safer Choice label for pots, pans, and cooking utensils that do not contain PFAS, and for other purposes. 5/7/2019 Soto, Darren (D- FL) 0 5/7/2019 Referred to Committee on Energy and Commerce House: Energy and Commerce Requires the Administrator of the Environmental Protection Agency to revise the Safer Choice Standard to provide for a Safer Choice label for pots, pans, and cooking utensils that do not contain PFAS, and for other purposes. PFAS Legislation Bill Number Title Introduced Sponsor Cosponsors Latest Action Date Last Action Committees Summary Comments H.R. 2605 To direct the Administrator of the Environmental Protection Agency to issue a final rule adding as a class all perfluoroalkyl and polyfluoroalkyl substances with at least one fully fluorinated carbon atom to the list of hazardous air pollutants under section 112(b) of the Clean Air Act (42 U.S.C. 7412(b)), and for other purposes. 5/8/2019 Stevens, Haley (D- MI) 5 5/8/2019 Referred to Committee on Energy and Commerce House: Energy and Commerce Directs the Administrator of the Environmental Protection Agency to issue a final rule adding as a class all perfluoroalkyl and polyfluoroalkyl substances with at least one fully fluorinated carbon atom to the list of hazardous air pollutants under section 112(b) of the Clean Air Act (42 U.S.C. 7412(b)), and for other purposes. H.R. 2600 Toxic PFAS Control Act 5/8/2019 Dean, Madeleine (D-PA) 3 5/8/2019 Referred to Committee on Energy and Commerce House: Energy and Commerce Regulates per- and polyfluoroalkyl substances under the Toxic Substances Control Act, and for other purposes. H.R.2577 To amend the Emergency Planning and Community Right-To-Know Act of 1986 to include per- and polyfluoroalkyl substances on the Toxics Release Inventory, and for other purposes. 5/8/2019 Delgado, Antonio (D- NY) 4 5/8/2019 Referred to Committee on Energy and Commerce House: Energy and Commerce Amends the Emergency Planning and Community Right-To-Know Act of 1986 to include per- and polyfluoroalkyl substances on the Toxics Release Inventory, and for other purposes. H.R. 2570 PFAS User Fee Act of 2019 5/8/2019 Rouda, Harley 0 5/9/2019 Referred to Subcommittee on Water Resources and Environment House: Energy and Commerce, Transportation and Infrastructure Ensures that polluters pay ongoing water treatment costs associated with contamination from perfluoroalkyl and polyfluoroalkyl substances, and for other purposes. H.R.2591 PFAS Waste Incineration Ban Act of 2019 5/8/2019 Khanna, Ro (D-CA) 4 5/8/2019 Referred to Committee on Energy and Commerce House: Energy and Commerce Prohibits the waste incineration of per- and polyfluoroalkyl substances, and for other purposes. PFAS Legislation Bill Number Title Introduced Sponsor Cosponsors Latest Action Date Last Action Committees Summary Comments H.R. 2596 To amend the Toxic Substances Control Act with respect to manufacturing and processing notices for per- and polyfluoroalkyl substances, and for other purposes. 5/8/2019 Kuster, Ann (D-NH) 1 5/8/2019 Referred to Committee on Energy and Commerce House: Energy and Commerce Amends the Toxic Substances Control Act with respect to manufacturing and processing notices for per- and polyfluoroalkyl substances, and for other purposes. H.R. 2608 To require the testing of perfluoroalkyl and polyfluoroalkyl substances under the Toxic Substances Control Act, and for other purposes. 5/9/2019 Maloney, Sean Patrick (D-NY) 0 5/9/2019 Referred to Committee on Energy and Commerce House: Energy and Commerce Requires the testing of perfluoroalkyl and polyfluoroalkyl substances under the Toxic Substances Control Act, and for other purposes. H.R. 2626 To encourage Federal agencies to expeditiously enter into or amend cooperative agreements with States for removal and remedial actions to address PFAS contamination in drinking, surface, and ground water and land surface and subsurface strata, and for other purposes. 5/9/2019 Upton, Fred (R-MI) 3 5/10/2019 Referred to Subcommittee on Water Resources and Environment House: Energy and Commerce, Natural Resources, Transportation and Infrastructure Encourages Federal agencies to expeditiously enter into or amend cooperative agreements with States for removal and remedial actions to address PFAS contamination in drinking, surface, and ground water and land surface and subsurface strata, and for other purposes. H.R. 2638 To direct the Administrator of the Environmental Protection Agency to issue guidance on minimizing the use of firefighting foam containing PFAS, and for other purposes. 5/9/2019 Fletcher, Lizzie (D-TX) 0 5/9/2019 Referred to Committee on Energy and Commerce House: Energy and Commerce Directs the Administrator of the Environmental Protection Agency to issue guidance on minimizing the use of firefighting foam containing PFAS, and for other purposes. PFAS Legislation Bill Number Title Introduced Sponsor Cosponsors Latest Action Date Last Action Committees Summary Comments S. 1372 A bill to encourage Federal agencies to expeditiously enter into or amend cooperative agreements with States for removal and remedial actions to address PFAS contamination in drinking, surface, and ground water and land surface and subsurface strata, and for other purposes. 5/8/2019 Stabenow, Debbie (D- MI) 10 5/8/2019 Referred to Committee on Environment and Public Works Senate: Environment and Public Works Encourages Federal agencies to expeditiously enter into or amend cooperative agreements with States for removal and remedial actions to address PFAS contamination in drinking, surface, and ground water and land surface and subsurface strata, and for other purposes. H.R. XXXX Fiscal Year 2020 Interior- Environment Apporprations 5/14/2019 McCollum, Betty (D- MN) 0 5/15/2019 Reported out of Subcommittee on Interior and Environment, and Related Agencies House: Appropriations Making appropriations for the Department of the Interior, environment, and related agencies for the fiscal year ending September 30, 2020, and for other purposes. Provides $18 miliion to USEPA to set enforceable standards S. 1473 A bill to amend the Safe Drinking Water Act to require the Administrator of the Environmental Protection Agency to set maximum contaminant levels for certain chemicals, and for other purposes. 5/15/2019 Gillibrand, Kristen (D- NY) 1 5/15/2019 Referred to Committee on Environment and Public Works Senate: Environment and Public Works A bill to amend the Safe Drinking Water Act to require the Administrator of the Environmental Protection Agency to set maximum contaminant levels for certain chemicals, and for other purposes. H.R. 2741 LIFT Act 5/15/2019 Pallone, Frank (D-NJ) 30 5/15/2019 Referred to Committee on Energy and Commerce, Science, Space, and Technology , Ways and Means, Transportation and Infrastructure, and Education and Labor House: Energy and Commerce, Science, Space, and Technology , Ways and Means, Transportation and Infrastructure, and Education and Labor To rebuild and modernize the Nation's infrastructure to expand access to broadband and Next Generation 9-1-1, rehabilitate drinking water infrastructure, modernize the electric grid and energy supply infrastructure, redevelop brownfields, strengthen health care infrastructure, create jobs, and protect public health and the environment, and for other purposes. Provides for a program to assist communities impacted by PFAS to implement remediation technologies PFAS Legislation Bill Number Title Introduced Sponsor Cosponsors Latest Action Date Last Action Committees Summary Comments S. 1507 PFAS Release Disclosure Act 5/16/2019 Shelley Moore Capito (R- WV) 2 5/16/2019 Introduced in the Senate To include certain perfluoroalkyl and polyfluoroalkyl substances in the toxics release inventory, and for other purposes. Capito sits on key Senate Committee on Environment and Public Works and is chair of the subcommittee with juridsdiction over infrastructure H.R. 2800 To amend the Safe Drinking Water Act to require continued and expanded monitoring of perfluoroalkyl and polyfluoroalkyl substances in drinking water, and for other purposes. 5/16/2019 Slotkin, Elissa (D-MI) 3 5/16/2019 Referred to Committee on Energy and Commerce House: Energy and Commerce To amend the Safe Drinking Water Act to require continued and expanded monitoring of perfluoroalkyl and polyfluoroalkyl substances in drinking water, and for other purposes. To: Orange County Sanitation District From: Townsend Public Affairs, Inc. Date: May 20, 2019 Subject: Legislative and Public Affairs Agenda Report State Political Update After the Legislature returned from Spring Recess, legislators had only five working days to pass fiscal bills out of their assigned policy committees before the April 26 deadline. This is the first step in the legislative process for bills to either move forward to their appropriations committees or “die” in their house of origin. There have been nearly 3,000 bills introduced in the first year of this two-year session and only 330 of them failed passage before the April 26 deadline. Those bills are now two-year bills and will be considered again in January 2020. Following the policy committee deadline on April 26 was a major appropriations committee deadline on May 17. All bills that passed their respective appropriations committee by the deadline will now move to their respective chambers’ Floor. On May 16, the Assembly and Senate Appropriations Committees conducted a Suspense File hearing, where they heard approximately 1,000 bills that have a non-absorbable cost to the State in the span of just a few hours. Over 400 bills were held in their appropriations committee and are now two-year bills. Below is a list of key upcoming deadlines in the Legislature: May 31 – Last day for bills to be passed out of their house of origin June 15 – Budget bill must be passed by midnight July 10 – Last day for policy committees to hear and report fiscal bills in their second house to fiscal committees. Governor’s May Revise On May 9, Governor Newsom presented his first May Revise, which incorporates changes to the Governor’s January Budget proposal after taking into account actual state tax revenue and a more accurate financial forecast for the upcoming fiscal years. The January Budget proposal totaled $209.1 billion, however, the May Revise projects additional revenues bringing the total proposed Budget to approximately $213.5 billion. During his press conference, the Governor noted that the majority of these revenue funds are largely constitutionally obligated to fund statewide reserves (rainy day fund), debt repayment, and Prop 98 education investments, making the budget surplus levels more or less unchanged. The May Revise also forecasted slower economic growth over the next three years, a decrease from the January forecast of approximately $1.6 billion overall by FY 2022-23. May 2019 Report 2 The Governor took the opportunity to highlight his top budget priorities in his presentation, including additional education investment, expanding access to Medi-Cal for undocumented immigrants, and establishing a new path forward for working parents. Other major topics revealed include: Housing & Homelessness An additional $150 million for emergency housing shelters and navigation centers, bringing this year’s total to $650 million. The State’s 13 largest cities will receive $275 million, counties will receive $275 million, and Continuums of Care (CoCs) will receive $100 million. The May Revise pursues this revamp by aligning local jurisdiction housing targets with the forthcoming RHNA. The Budget also mentions that HCD will continue to develop long-term regional housing targets through a new RHNA process by 2022 Cap & Trade The Governor’s January budget proposed $1 billion to support programs that reduce greenhouse gas emissions through a Cap and Trade Expenditure Plan. The Governor’s May Revise increased the total funding for the Expenditure Plan by over $250 million. Specifically, the May Revise proposes the following changes to the Cap and Trade Expenditure Plan: • Transformative Climate Communities – one-time increase of $92 million for carbon neutral housing development. • Low Carbon Transportation – one-time increase of $130 million for mitigating diesel pollution. This includes $65 million to replace agriculture diesel equipment, $50 million for zero-emission trucks, transit buses, and freight equipment, and $15 million to help individuals replace high-polluting vehicles with more efficient cars and trucks. • Climate Smart Agriculture – one-time increase of $20 million for healthy soils and methane reduction programs. Emergency Preparedness, Response and Recovery The May Revise included $769.6 million in additional funding to enhance the State’s fire preparedness including increased capacity to respond to emergency incidents. The May Revise also makes significant investments in the following areas which will be provided through the Budget subcommittee process: • $20 million one-time General Fund appropriation for CalOES targeted activities. • One-time $518,000 General Fund to reimburse cities, counties and special districts for 2018-19 property tax losses resulting from the 2018 wildfires. This augments the $31.3 million proposed in the 2019-20 Governor's Budget, and subsequently added to the 2018 Budget Act by Chapter 1, Statutes of 2019 (AB 72). May 2019 Report 3 The Legislature has until June 15 to consider the Governor’s Budget proposal and ultimately vote on a final Budget. Budget Committees and Subcommittees will continue to hold hearings related to the Budget over the next month, as well as incorporate its own legislative priorities into their draft Budgets. Once both the Assembly and Senate have passed their respective budgets, a Budget Conference Committee will be convened to reconcile any differences between the two Budgets. Once both chambers pass a Budget, it will go to the Governor’s desk for approval. The Governor also stated during his May Revise announcement that he remains committed to working with the Legislature on a sustainable and reliable source of funding for safe and affordable drinking water. However, the May Revise included General Fund money to get the State Water Board ready to administer the implementation of a Safe and Affordable Drinking Water Program and to implement statutory changes to support ongoing sustainable funding. 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. In his 2019-2020 January Budget, Governor Newsom 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 (Monning, 2017), 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. The Governor’s May Revise reaffirmed his commitment to solving the Safe Drinking Water issue in California. Specifically, updated trailer bill language released by the Administration shows that the tax on urban water system ratepayers is still being proposed and championed by the Governor. On Wednesday May 15, the Senate Budget Subcommittee 2 on Resources, Environmental Protection, Energy and Transportation heard and rejected the Governor’s drinking water tax proposal. Instead, the Subcommittee passed a proposal that would allocate $150 million per year from the General Fund to the Safe and Affordable Drinking Water Fund as created by SB 200 (Monning). That continuous funding will be reduced if the Legislature passes any taxes or fees intended to help provide funding for the Safe and Affordable Drinking Water Fund. May 2019 Report 4 Additional Priority Legislation AB 1184 (Gloria) – Public records: writing transmitted by electronic mail: retention. Would, unless a longer retention period is required by statute or regulation, require a public agency for purposes of the California Public Records Act to retain and preserve for at least 2 years every writing containing information relating to the conduct of the public’s business prepared, owned, or used by any public agency that is transmitted by electronic mail. AB 1184 passed the Assembly Appropriations Committee and is now on the Assembly Floor. 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 was held in the Assembly Appropriations Committee’s Suspense File and is now a two-year bill. TPA will continue to work with CASA in the interim recess to ensure that they are being supported through the process. 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 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. Shortly after that meeting, SB 332 was held in the Senate Appropriations Committee’s Suspense File and is now a two-year bill. TPA will continue to work with industry coalitions, the author’s office, and the bill sponsors during the interim recess to ensure that OCSD’s interests are reflected in the bill going forward. SB 332 is now a two-year bill. 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 passed the Senate Appropriations Committee and is currently on the Senate Floor. 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 Appropriations Committee Watch State Priorities: Continue to monitor the state budget process and actively protect the allocation of local property taxes to special districts. ACCOC - NYC LOCC - Watch CASA - NYC ACWA - NYC CSDA - Oppose unless amended AB 68 Ting [D]Land use: accessory dwelling units. The Planning and Zoning Law authorizes a local agency to provide, by ordinance, for the creation of accessory dwelling units in single-family and multifamily residential zones and sets forth required ordinance standards, including, among others, lot coverage. This bill would delete the provision authorizing the imposition of standards on lot coverage and would prohibit an ordinance from imposing requirements on minimum lot size. Passed the Assembly Appropriations Committee. Will be heard next on the Assembly Floor Watch Legislative and Regulatory Policies: Special Districts - Oppose further state regulations that adversely impact special district financing, operations, and administration. ACCOC - NYC LOCC - Watch CASA - NYC ACWA - NYC CSDA - Watch Proposed Legislation 2019-2020 High Priority OCSD State Bills of Interest BILL AUTHOR SUMMARY LATEST ACTION OCSD POSITION LEGISLATIVE PLAN OTHER POSITIONS AB 69 Ting [D]Land use: accessory dwelling units. Current law requires the Department of Housing and Community Development to propose building standards to the California Building Standards Commission, and to adopt, amend, or repeal rules and regulations governing, among other things, apartment houses and dwellings, as specified. This bill would require the department to propose small home building standards governing accessory dwelling units smaller than 800 square feet, junior accessory dwelling units, and detached dwelling units smaller than 800 square feet, as specified, and to submit the small home building standards to the California Building Standards Commission for adoption on or before January 1, 2021. Currently on the Assembly Floor Watch Legislative and Regulatory Policies: Special Districts - Oppose further state regulations that adversely impact special district financing, operations, and administration. ACCOC - NYC LOCC - Watch CASA - NYC ACWA - NYC CSDA - Watch AB 134 Bloom [D]Safe, clean, affordable, and accessible drinking water. Would, by July 1 of each year, would require the State Water Resources Control Board to adopt an assessment of need for state financial assistance to provide safe drinking water that identifies failed water systems throughout the state. The bill would require the assessment of need to prioritize the systems with the most urgent need for state financial assistance in light of specified factors. The bill would require each regional engineer to arrange for a prescribed comprehensive assessment of each failed water system in the region of the drinking water regional office to be completed within 2 years of the board identifying the failed water system in the assessment of need. Passed the Assembly Appropriations Committee. Will be heard next on the Assembly Floor 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 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. Passed the Assembly Appropriations Committee. Will be heard next on the Assembly Floor Watch State Tactics: Support tax reform that protects public agencies ACCOC - NYC LOCC - Watch CASA - NYC ACWA - NYC CSDA - Watch OCSD State Bills of Interest BILL AUTHOR SUMMARY LATEST ACTION OCSD POSITION LEGISLATIVE PLAN OTHER POSITIONS AB 223 Stone [D]California Safe Drinking Water Act: microplastics The California Safe Drinking Water Act requires the State Water Resources Control Board to administer provisions relating to the regulation of drinking water to protect public health. Current law requires the state board, on or before July 1, 2020, to adopt a definition of microplastics in drinking water and, on or before July 1, 2021, to adopt a standard methodology to be used in the testing of drinking water for microplastics and requirements for 4 years of testing and reporting of microplastics in drinking water, including public disclosure of those results. This bill would require the state board, to the extent possible, and where feasible and cost effective, to work with the State Department of Public Health in complying with those requirements. Two Year Bill Watch State Priorities: Support legislation or regulations that restrict the use of microplastics in any product that is disposed of through the sewer system. ACCOC - NYC LOCC - Watch CASA - NYC ACWA - NYC CSDA - Watch AB 231 Mathis [R]California Environmental Quality Act: exemption: recycled water. Would exempt from CEQA a project to construct or expand a recycled water pipeline for the purpose of mitigating drought conditions for which a state of emergency was proclaimed by the Governor if the project meets specified criteria. Because a lead agency would be required to determine if a project qualifies for this exemption, this bill would impose a state- mandated local program. The bill would also exempt from CEQA the development and approval of building standards by state agencies for recycled water systems. Two Year Bill Watch State Priorities: Support efforts to reform the California Environmental Quality Act (CEQA)to streamline current procedures and regulations for projects to refurbish or replace existing infrastructure facilities. ACCOC - NYC LOCC - Watch CASA - NYC ACWA - NYC CSDA - Support OCSD State Bills of Interest BILL AUTHOR SUMMARY LATEST ACTION OCSD POSITION LEGISLATIVE PLAN OTHER POSITIONS AB 291 Chu Emergency preparedness Would establish a Local Emergency Preparedness and Hazard Mitigation Fund to support staffing, planning, and other emergency mitigation priorities to help local governments meet emergency management, preparedness, readiness, and resilience goals. The bill would, upon appropriation by the Legislature, require the Controller to transfer $500,000,000 to the fund. The bill would require the Office of Emergency Services to establish the Local Emergency Preparedness and Hazard Mitigation Fund Committee under the Standardized Emergency Management System Advisory Board. Held in Committee.Two Year Bill Watch State Priorities: Secure funding through grants and legislation for infrastructure, collection improvements and alternative renewable energy at the Fountain Valley, Plant No. 1 and Huntington Beach, Plant No. ACCOC - NYC LOCC - Watch CASA - NYC ACWA - NYC CSDA - Watch AB 292 Quirk [D]Recycled water: raw water and groundwater augmentation Current law requires the State Water Resources Control Board, on or before December 31, 2023, to adopt uniform water recycling criteria for direct potable reuse through raw water augmentation, as specified. This bill would eliminate the definition of “direct potable reuse” and instead would substitute the term “groundwater augmentation” for “indirect potable reuse for groundwater recharge” in these definitions. The bill would require, on or before December 31, 2023, the state board to adopt uniform water recycling criteria for raw water augmentation. Currently in the Senate Natural Resources and Water Committee and the Senate Environmental Quality Committee Watch Legislative and Regulatory Policies: Water Quality and Supply - Support measures that promote and provide for the use of reclaimed water ACCOC - NYC LOCC - Watch CASA - NYC ACWA - NYC CSDA - Support 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. Held in Committee.Two Year Bill Watch Guiding Principles: Seek funds for OCSD projects through grants, appropriations, or ACCOC - NYC LOCC - Watch CASA - Support ACWA - NYC CSDA - Support OCSD State Bills of Interest BILL AUTHOR SUMMARY LATEST ACTION OCSD POSITION LEGISLATIVE PLAN OTHER POSITIONS AB 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 AB 587 Friedman [D]Accessory dwelling units: sale or separate conveyance Current property tax law establishes a welfare exemption under which property is exempt from taxation if the property is owned and operated by a nonprofit corporation that is organized and operated for the purpose of building and rehabilitating single-family or multifamily residences for sale, as provided, at cost to low-income families. This bill would authorize a local agency to allow, by ordinance, an accessory dwelling unit that was created pursuant to the process described above to be sold or conveyed separately from the primary residence to a qualified buyer if certain conditions are met. Currently in the Senate Housing and Senate Governance and Finance Committee Watch Legislative and Regulatory Policies: Special Districts - Oppose further state regulations that adversely impact special district financing, operations, and administration. ACCOC - NYC LOCC - Watch CASA - Work w/ author ACWA - NYC CSDA - Watch OCSD State Bills of Interest BILL AUTHOR SUMMARY LATEST ACTION OCSD POSITION LEGISLATIVE PLAN OTHER POSITIONS AB 841 Ting [D]Drinking water: contaminants: perfluoroalkyl and polyfluoroalkyl substances. Would require the Office of Environmental Health Hazard Assessment to adopt and complete a work plan within prescribed timeframes to assess which substances in the class of perfluoroalkyl and polyfluoroalkyl substances should be identified as a potential risk to human health, as provided. The bill would require the office, as part of those assessments, to determine which of the substances are appropriate candidates for notification levels to be adopted by the state board. The bill would require the Office of Environmental Health Hazard Assessment, by January 1, 2022, to provide to the Legislature an update on the assessment. Currently on the Assembly Floor Watch Legislative and Regulatory Policies: Source Control - Support legislation and funding mechanisms that reduce the amount of trash, waste, chemicals, and harmful organic material that enter the sewer system. ACCOC - NYC LOCC - Watch CASA - Watch ACWA - Watch CSDA - Watch AB 992 Mullin [D]Open meetings: local agencies: social media Would provide that the Ralph M. Brown Act does not apply to the posting, commenting, liking, interaction with, or participation in, internet-based social media platforms that are ephemeral, live, or static, by a majority of the members of a legislative body, provided that a majority of the members do not discuss among themselves business of a specific nature that is within the subject matter jurisdiction of the legislative body of the local agency. Two Year Bill Watch Legislative and Regulatory Policies: Special Districts - Oppose further state regulations that adversely impact special district financing, operations, and administration. ACCOC - NYC LOCC - Watch CASA - Approve ACWA - NYC CSDA - Support OCSD State Bills of Interest BILL AUTHOR SUMMARY LATEST ACTION OCSD POSITION LEGISLATIVE PLAN OTHER POSITIONS AB 1080 Gonzalez [D]California Circular Economy and Plastic Pollution Reduction Act Would establish the California Circular Economy and Plastic Pollution Reduction Act, which would require the Department of Resources Recycling and Recovery, in consultation with the State Water Resources Control Board and the Ocean Protection Council, to adopt, on or before January 1, 2023, regulations to achieve, by 2030, a 75% reduction by manufacturers and retailers of the waste generated from single-use packaging and products offered for sale or sold in the state through source reduction, recycling, or composting. Currently on the Assembly Floor Watch State Priorities: Support legislation or regulations that restrict the use of microplastics in any product that is disposed of through the sewer ACCOC - NYC LOCC - Support CASA - NYC ACWA - NYC CSDA - NYC AB 1180 Friedman [D]Water: recycled water The California Safe Drinking Water Act requires the State Water Resources Control Board to administer provisions relating to the regulation of drinking water to protect public health. Current law requires, on or before January 1, 2020, the state board to adopt standards for backflow protection and cross-connection control through the adoption of a policy handbook, as specified. This bill would require that handbook to include provisions for the use of a swivel or changeover device to supply potable water to a dual-plumbed system during an interruption in recycled water service. Currently on the Assembly Floor Watch Legislative and Regulatory Policies: Recycled Water - support measures that promote and provide for the use of reclaimed water. ACCOC - NYC LOCC - Watch CASA - Support ACWA - NYC CSDA - Support OCSD State Bills of Interest BILL AUTHOR SUMMARY LATEST ACTION OCSD POSITION LEGISLATIVE PLAN OTHER POSITIONS AB 1184 Gloria [D]Public records: writing transmitted by electronic mail: retention Would, unless a longer retention period is required by statute or regulation, require a public agency for purposes of the California Public Records Act to retain and preserve for at least 2 years every writing containing information relating to the conduct of the public’s business prepared, owned, or used by any public agency that is transmitted by electronic mail. Currently on the Assembly Floor Watch Legislative and Regulatory Policies: Special Districts - Oppose further state regulations that adversely impact special district financing, operations, and administration. ACCOC - NYC LOCC - Oppose CASA - Watch ACWA - NYC CSDA - Oppose AB 1588 Gloria [D]Drinking water and wastewater operator certification programs Current law requires a person who operates a nonexempt wastewater treatment plant to possess a valid, unexpired wastewater certificate or water treatment operator certificate of the appropriate grade. This bill, when applying for certification by the board as a water treatment operator, distribution system operator, or wastewater operator, would require operators of complex industrial facilities, including members of the military and military service veterans, to receive appropriate equivalent experience credit and education credit for work and tasks performed that are directly related to the operation of water or wastewater facilities, as specified. Currently on the Assembly Floor Watch Legislative and Regulatory Policies: Special Districts - Oppose further state regulations that adversely impact special district financing, operations, and administration. ACCOC - NYC LOCC - Watch CASA - Support ACWA - NYC CSDA - Support OCSD State Bills of Interest BILL AUTHOR SUMMARY LATEST ACTION OCSD POSITION LEGISLATIVE PLAN OTHER POSITIONS AB 1672 Bloom [D]Solid waste: flushable products The California Integrated Waste Management Act of 1989, administered by the Department of Resources Recycling and Recovery, generally regulates the disposal, management, and recycling of solid waste. This bill would, among other things, on or after January 1, 2021, prohibit a covered entity, as defined, from labeling a covered product as safe to flush, safe for sewer systems, or safe for septic systems, unless the product is a flushable wipe that meets certain performance standards. The bill would require nonflushable products to be labeled clearly and conspicuously to communicate that they should not be flushed, as specified. Held in Committee.Two Year Bill Support Legislative and Regulatory Policies: Source Control - Support legislation that regulates the disposal of flushable wipes. ACCOC - NYC LOCC - Watch CASA - Sponsor ACWA - Support CSDA - Support ACA 1 Aguiar-Curry [D]Local government financing: affordable housing and public infrastructure: voter approval. The California Constitution prohibits the ad valorem tax rate on real property from exceeding 1% of the full cash value of the property, subject to certain exceptions. This measure would create an additional exception to the 1% limit that would authorize a city, county, city and county, or special district to levy an ad valorem tax to service bonded indebtedness incurred to fund the construction, reconstruction, rehabilitation, or replacement of public infrastructure, affordable housing, or permanent supportive housing, or the acquisition or lease of real property for those purposes, if the proposition proposing that tax is approved by 55% of the voters of the city, county, or city and county, as applicable, and the proposition includes specified accountability requirements. Currently on the Assembly Floor Watch Guiding Principles: Seek funds for OCSD projects through grants, appropriations, or ACCOC - NYC LOCC - Support CASA - Support ACWA - NYC CSDA - Support SB 5 Beall [D]Local-State Sustainable Investment Incentive Program Would establish in state government the Affordable Housing and Community Development Investment Program, which would be administered by the Affordable Housing and Community Development Investment Committee. The bill would authorize a city, county, city and county, joint powers agency, enhanced infrastructure financing district, affordable housing authority, community revitalization and investment authority, transit village development district, or a combination of those entities, to apply to the Affordable Housing and Community Development Investment Committee to participate in the program and would authorize the committee to approve or deny plans for projects meeting specific criteria. Passed the Senate Appropriations Committee and is currently on the Senate Floor Watch State Priorities: Continue to monitor the state budget process and actively protect the allocation of local property taxes to special districts. ACCOC - NYC LOCC - Support CASA - Watch ACWA - NYC CSDA - Watch OCSD State Bills of Interest BILL AUTHOR SUMMARY LATEST ACTION OCSD POSITION LEGISLATIVE PLAN OTHER POSITIONS SB 13 Weickowski [D]Accessory dwelling units Would authorize the creation of accessory dwelling units in areas zoned to allow single-family or multifamily dwelling use. The bill would also revise the requirements for an accessory dwelling unit by providing that the accessory dwelling unit may be attached to, or located within, an attached garage, storage area, or other structure, and that it does not exceed a specified amount of total floor area. Passed the Senate Appropriations Committee and is currently on the Senate Floor Watch Legislative and Regulatory Policies: Special Districts - Oppose further state regulations that adversely impact special district financing, operations, and administration. ACCOC - NYC LOCC - Oppose unless amended CASA - Work w/ author ACWA - NYC CSDA - Oppose SB 33 Skinner Solid waste: reduction and recycling. The California Integrated Waste Management Act of 1989, administered by the Department of Resources Recycling and Recovery, generally regulates the disposal, management, and recycling of solid waste.This bill would state the intent of the Legislature to enact legislation that would address the collapse of foreign recycling markets by reducing solid waste generation, encouraging transition to compostable or recyclable materials, and fostering domestic recycling markets. 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 SB 134 Hertzberg [D]Water conservation: water loss performance standards: enforcement. Current law requires the State Water Resources Control Board, no earlier than January 1, 2019, and no later than July 1, 2020, to adopt rules requiring urban retail water suppliers to meet performance standards for the volume of water losses. This bill would prohibit the board from issuing an information order, written notice, or conservation order to an urban retail water supplier that does not meet its urban water use objective if the board determines the urban retail water supplier is not meeting its urban water use objective solely because the volume of water loss exceeds the urban retail water supplier’s standard for water loss and the board is taking enforcement action against the urban retail water supplier for not meeting the performance standards for the volume of water losses. Passed the Senate Floor and is currently in the Assembly Watch Legislative and Regulatory Policies: Water Supply - Support legislation and regulation that necessitate the responsible use of water in residential, commercial, and industrial areas ACCOC - NYC LOCC - Watch CASA - NYC ACWA - NYC CSDA - Support OCSD State Bills of Interest BILL AUTHOR SUMMARY LATEST ACTION OCSD POSITION LEGISLATIVE PLAN OTHER POSITIONS SB 200 Safe and Affordable Drinking Water Fund. Would establish the Safe and Affordable Drinking Water Fund in the State Treasury to help water systems provide an adequate and affordable supply of safe drinking water in both the near and the long term. The bill would authorize the board to provide for the deposit into the fund of federal contributions, voluntary contributions, gifts, grants, and bequests and would provide that moneys in the fund are available, upon appropriation by the Legislature, to the board to fund grants, loans, contracts, or services to assist eligible recipients. Passed the Senate Appropriations Committee and is currently on the Senate Floor Watch State Tactics: Support tax reform that protects 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. Two Year Bill Watch State Legislation: Work with legislators who introduced legislation such as SB 163 (Hertzberg, 2015) in order to ensure that no unrealistic regulations are placed on wastewater treatment facilities, including OCSD ACCOC - NYC LOCC - Oppose CASA - Oppose ACWA - NYC CSDA - Oppose SB 457 Hueso [D]Biomethane: gas corporations Under existing law, the Public Utilities Commission has regulatory authority over public utilities, including gas corporations. Existing law authorizes the commission to fix the rates and charges for every public utility and requires that those rates and charges be just and reasonable. Existing law requires the commission to adopt policies and programs that promote the in-state production and distribution of biomethane, as defined, and that facilitate the development of a variety of sources of in-state biomethane. This bill would require the Public Utilites Commission to extend the program until December 31, 2026. This bill contains other related provisions and other existing laws. Passed the Senate Appropriations Committee and is currently on the Senate Floor Watch Legislative and Regulatory Polciies: Biosolids and Biogas - Support streamlined legislation, regulations and policies that encourage the procurement of biogas, biosolids, and compost. ACCOC - NYC LOCC - Watch CASA - Refer to Committee ACWA - NYC CSDA - NYC OCSD State Bills of Interest BILL AUTHOR SUMMARY LATEST ACTION OCSD POSITION LEGISLATIVE PLAN OTHER POSITIONS 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. Passed the Senate Appropriations Committee and is currently on the Senate Floor Watch Legislative and Regulatory Polciies: Biosolids and Biogas - Support the promotion and funding of local pilot programs, studies, and research for the beneficial use of biosolids. ACCOC - NYC LOCC - Support CASA - Support ACWA - NYC CSDA - NYC SB 732 Allen [D]Transactions and use tax. Current law establishes the South Coast Air Quality Management District vested with the authority to regulate air emissions from stationary sources located in the South Coast Air Basin and establishes a district board to govern the district. This bill would authorize the south coast district board to impose a transactions and use tax within the boundaries of the south coast district, as specified, with the moneys generated from the transactions and use tax to be used to supplement existing revenues being used for south coast district purposes, as specified. Held in Committee.Two Year Bill Watch Legislative and Regulatory Polciies: Air Quality - Support air quality legislations, regulations, rules, and policies that emphasize the use of advanced technologies and promote greater flexibility and financial incentives to reduce air emission. ACCOC - NYC LOCC - Watch CASA - NYC ACWA - NYC CSDA - No position Legend: ACC-OC - Association of California Cities, Orange County LOCC - League of California Cities NYC - Not Yet Considered CASA - California Association of Sanitation Agencies ACWA - Association of California Water Agencies CSDA - California Special Districts Association Name of Grant/Loan Synopsis of Grant/Loan Amount of Grant/Loan Amount Applying for Applying Y/N Project/Program Reason Match Deadline Category Rcvd Grant/ Financing Y/N 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 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. TBD TBD Final Expansion of GWRS Headworks (P2-122) We are evaluating if it is beneficial to apply for the third round of the WIIN grant for the Headworks Segregation Project. Title 16 will pay up to 25 percent of the available money 6/28/2019 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 OCSD's Grant and Loan Funding Tracker 2018-2019 STATE FEDERAL Updated 5/22/2019 Name of Grant/Loan Synopsis of Grant/Loan Amount of Grant/Loan Amount Applying for Applying Y/N Project/Program Reason Match Deadline Category Rcvd Grant/ Financing Y/N OCSD's Grant and Loan Funding Tracker 2018-2019 The Department of Energy (DOE), USBR and USEPA The DOE’s Office of Energy Efficiency is likely to continue to be funded by Congress to support such efforts as biogas, biosolids and green energy. A minimum of $20 million to as much as $100 million based upon prior years’ budgets. USBR could receive as much as $130 million in support of the WaterSmart (due to increased funding under WIIN) during the next several years. USBR will issue solicitations for innovative approaches to managing water and water treatment through technology and processes. TBD TBD. We will monitor for possible funding opportunities Project Funding Opportunity: Energy production to reduce costs of recycled water through innovative technologies like Aquacritox, Innovative water monitoring technology that can produce efficient real time monitoring and data analysis, Biogas Management and Use Improvements. We will review the possible funding opportunity to determine if it is a fit for the Sanitation District. TBD Energy TBD Updated 5/22/2019 Page 1 of 3 LEGISLATIVE AND PUBLIC AFFAIRS COMMITTEE Meeting Date 06/10/19 To Bd. of Dir. 06/26/19 AGENDA REPORT Item Number 5 Item Number Orange County Sanitation District FROM: James D. Herberg, General Manager SUBJECT: PUBLIC AFFAIRS UPDATE FOR THE MONTH OF MAY 2019 GENERAL MANAGER'S RECOMMENDATION Receive and file the Public Affairs Update for the month of May 2019. BACKGROUND Staff will provide an update on recent public affairs activities. RELEVANT STANDARDS • Maintain influential legislative advocacy and a public outreach program • Build brand, trust, and support with policy makers and community leaders • Maintain collaborative and cooperative relationships with regulators, stakeholders, and neighboring communities • Listen to and seriously consider community input on environmental concerns PROBLEM Many Californians are not aware of the Orange County Sanitation District (Sanitation District) and the important work we do to keep the environment clean by using the wastewater byproducts to create energy, water recycling, and the use of biosolids. In general, the community and businesses do not realize that when they improperly dispose of waste into the sanitation system, it can negatively affect the work we do and the quality of water we supply for the Groundwater Replenishment System. PROPOSED SOLUTION By providing tours, community outreach education, and general communication via the Sanitation District’s website, social media outlets, and mainstream media, we have the ability to educate the community, local agencies, and businesses on the What2Flush program, energy production, water recycling, biosolids, and our source control program. This, in turn, results in a better quality of wastewater. TIMING CONCERNS N/A Page 2 of 3 RAMIFICATIONS OF NOT TAKING ACTION If we do not educate the community, local agencies, and area businesses about the Sanitation District, we lose an opportunity to educate thousands of people about our plants, source control, and the wastewater industry as a whole. PRIOR COMMITTEE/BOARD ACTIONS N/A ADDITIONAL INFORMATION May 2019 Activity # # of Guests OCSD/OCWD Tours 5 97 OCSD Tours 20 385 Speaking Engagements 1 25 Current 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 Honor Walk Ceremony The Honor Walk program recognized two former employees on Wednesday, May 22 in a brief ceremony prior to the Steering Committee meeting. Ingrid Hellebrand and Chris Cervellone were recognized for their contributions to the Sanitation District during their time here. Both received a permanent engraved brick in front of the main entrance to the Administration Building at Plant No. 1. OC Water Summit The Municipal Water District of Orange County (MWDOC) and the Orange County Water District (OCWD) recently co-hosted the OC Water Summit. Business professionals, elected officials, water industry stakeholders, and community leaders throughout Southern California attended the event. Upcoming Activities - June 2019 • Director Chaffee Tour • Cal State Fullerton Speaking Engagement CEQA N/A Page 3 of 3 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 May 2019 • Media Clips May 2019 Outreach Report May 2019 Start Time Title How many 5/1/19 Magnolia HS Tour 17 5/1/19 Operations Committee Tour 10 5/2/19 Beckman HS Tours 46 5/3/19 Cypress College Tour 30 5/6/19 Saddleback College Tour 26 5/7/19 Chavez HS Tour 40 5/8/19 Korean Delegation tour 3 5/8/19 Admin Commitee tour 10 5/9/19 ITO Tour 17 5/10/19 CSULB Tour 60 5/11/19 Santiago Canyon College Tour 15 5/15/19 American Univ. of Health Nursing tour 25 5/17/19 Plant 2 Tour 4 5/17/19 Chapman Univ. Tour 10 5/20/19 Santa Ana College Tour 25 5/20/19 Speaking Engagement ‐ Los Alamitos City Council 30 5/21/19 Korean Delegation tour 22 5/23/19 Edison HS Tour 45 5/24/19 La Vista HS Tour 40 5/28/19 New Employee/Open Tour 25 5/29/19 Santa Ana College Tour 25 5/30/19 Vanguard Nursing Tour 19 5/31/19 UCI Tour 30 OCSD Public Affairs Office Monthly News Clippings May 2019 1 OC Sanitation seeks public feedback for Boulevard Sewer Project By losaltv - May 15, 2019 The Orange County Sanitation District has requested a little feedback about a major construction project coming to our area next year, The project will include Los Al TV May 15, 2019 2 improvements of two parallel sewer lines along a two-mile stretch of “the Boulevard” (Seal Beach and Los Al) from the I-405 freeway to Katella Avenue — which will definitely impact the good folks in Seal Beach, Rossmoor and Los Alamitos. Also being repaired is the sewer on Katella Avenue from Oak Street to Lexington Drive and about 65 manholes. So do your good deed of the day and go to the survey site by clicking below. 3 Around Town: Local districts receive award for highlighting groundwater system By DAILY PILOT STAFF APR 24, 2019 | 4:25 PM The Orange County Water District and Orange County Sanitation District recently received a Silver Mercury Award for their Groundwater Replenishment System bottled water campaign. (File Photo) Daily Pilot April 24, 2019 4 The Fountain Valley-based Orange County Water District and Orange County Sanitation District recently received a Silver Mercury Award for their Groundwater Replenishment System bottled water campaign, according to a news release. The international awards competition “honors the best in public relations, public affairs and corporate communications,” the release stated. The districts’ year-long campaign — which included a California bottled water tour, an anniversary celebration and setting a Guinness world record for the most wastewater recycled to drinking water in 24 hours — spotlighted the water purification system that launched in 2008. The effort “drew tens of thousands of people’s attention to state and local water needs and provided knowledge about water reuse as a viable new source of drinking water,” Orange County Water District President Vicente Sarmiento said in a statement. “Educating people that wastewater is a resource is critical to the success of water reuse projects,” said Orange County Sanitation District board 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 1 million people.” For more information about the replenishment system, visit ocwd.com/gwrs. 5 Orange County Water and Sanitation Districts Receive International Mercury Award By California Water News Daily on April 29, 2019 The Orange County Groundwater Replenishment System (GWRS) Bottled Water Campaign – a collaborative effort of the Orange County Water District (OCWD) and the Orange County Sanitation District (OCSD) – has earned global recognition and a silver award in the International Mercury Awards competition. The competition seeks to honor the best in in public relations, public affairs and corporate communications. The two agencies began work more than a decade ago to create the Groundwater Replenishment System, the world’s largest advanced water purification project for drinking water. The system came online in 2008 and currently produces 100 million gallons of water per day. The GWRS is now the world’s largest advanced water purification project for drinking water. Since it became operational the GWRS has produced approximately 282 billion gallons of near-distilled quality water that has been added to the Orange County Groundwater Basin. Subsequently water has been 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 award-winning GWRS Bottled Water Campaign communications program included the project’s 10th anniversary celebration as thanks for local community support and the acquiring of a Guinness World Records™ title for the most wastewater recycled to drinking water in 24 hours. The many activities of the GWRS Bottled Water Campaign communications program began with a Hollywood media kick-off event and activities spanned a full year. “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 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.” The annual International Mercury Award is based on the values of creativity, effectiveness, performance, and success. The OCWD and OCSD earned their GWRS Bottled Water Campaign Silver Award in the category of Public Affairs/Cause Issue. The Mercury Award is so named for the Roman god who was the messenger of the other gods and symbolizes the spirit of the message communicated. “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.” Water Online April 29, 2019 6 For more information about the International Mercury Awards go to: https://www.mercommawards.com/mercury.htm. For more information about the Orange County Groundwater Replenishment System go to: https://www.ocwd.com/gwrs/. 7 Environmental Science Is Crucial to Combat Climate Change — So Why Isn't It a Mandatory Class? In this op-ed, Teen Vogue’s Marilyn La Jeunesse argues that environmental science should be a mandatory course taught in public schools around the country. By Marilyn La Jeunesse April 30 April 29, 2019 Getty Images I was a senior in high school when I first learned that dental floss shouldn’t be be flushed down the toilet. Nor should condoms or tampons. This mind-blowing revelation happened on an Advanced Placement Environmental Science (APES) class trip to the Orange County Teen Vogue April 30, 2019 8 Sanitation District, where my peers and I were surrounded by the noise of rushing recycled water and the light scent of excrement wafting through the air. As an 18-year-old, I wasn’t thrilled that my one and only field trip away from school was to a glorified sewer, but in hindsight the excursion served as a wake-up call as to how my actions affect the environment around me. Admittedly, I took APES as a way to boost my GPA and make me look more scholarly for college applications. It turns out, the environmental science class was perhaps the most important course I took in my entire academic career. One lesson in particular affected the way I saw my carbon imprint, and was in part based on the amount of trash I disposed of each day. At the beginning of the year, my teacher Mrs. Dang (as she preferred to be called although her full name is Mrs. Dolores Dang-Wright), sorted us into groups and had us make our own classroom landfills. The goal was to see which items we used in everyday life would break down over the course of several months. As I remember it, my team used neon pink and green spoons from a yogurt spot, diced into tiny pieces, a few straws from a fast food restaurant, some shredded lined paper from a notebook, and a few swirls of citrus peels. At the end of the school year, basically all of our trash, including some larger pieces of the citrus peel, was still fully intact and the landfill run- off was a murky brown at the bottom of the container. It was a lesson that would stick with me to this day: Every piece of trash that disappears once you throw it in a garbage bag for disposal never actually vanishes. Instead, it ends up in one of the 2,500 landfills across the nation, where some of the waste, like plastics, will most likely sit for up to a thousand years emitting harmful greenhouse gases and increasing the rate of climate change. Since 1960, the amount of municipal solid waste produced has nearly tripled in the United States alone, with the amount of waste generated rising from 88.1 million tons to 262.4 million tons in 2015. Of the amount collected in 2015, only 34.7% was recycled or composted and 12.8% was combusted with energy recovery, which, per the EPA, refers to the “conversion of non-recyclable waste materials into usable heat, electricity, or fuel through a variety of processes, including combustion, gasification, pyrolization, anaerobic digestion and landfill gas recovery.” (Recycling itself is an imperfect system that, according to many activists, is ultimately a business at its core. And, as a business, economics plays a major part in whether or not an item is actually recycled — not the environment, as plastics pollution expert Stiv Wilson recently told Teen Vogue). For the recyclable goods that end up in a landfill, the effect of this waste can generate the deadly pollutant methane, which with buildup can create a highly volatile, explosion risk and is considered to be one of the worst greenhouse gases. Waste in landfills can also contaminate water if the landfills aren’t designed with leachate in mind. 9 After months of lectures, exercises, and practice AP tests, it dawned on me the importance of the information I was meant to absorb. Unlike other classes (cough, pre-calculus, cough), the lessons I was learning in APES could be applied to my everyday life choices, like bringing a tote bag with me to the grocery store or shopping at a vintage shop as opposed to a fast fashion brand. It’s a wonder as to why public schools across the nation aren’t making more of an effort to mandate environmental science as a required course, as the impact of climate change persists. Sea levels continue to rise, and extreme weather events like hurricanes and droughts will continue to threaten the safety of people around the world and multiply in frequency over time. There is no national school curriculum in the U.S., although there are federal laws that mandate state standards in order to qualify for federal assistance. Therefore, it is up to the states and school districts to determine what courses are required in their schools. Seeing as states and local schools have the power to determine their own mandatory curriculum, adding environmental science to the list of required courses would be a relatively simple, but vital addition to every child’s education. Unfortunately, as states strip human-caused climate change from school guidelines and conservative groups protest the inclusion of environmental education, making environmental science a recommended course is more difficult than it seems. But if biology and chemistry are graduation requirements, so too should the class that teaches students the importance of the 5Rs, the truth about global carbon emissions, and how your everyday actions — like using a plastic straw — can affect the world around you. “Whether you live on a corn farm in Missouri or in an apartment in New York City, you are inextricably linked to the natural world,” University of Michigan Earth and Environment Science PhD candidate Sophia Macarewich tells Teen Vogue. “The choices we make every day — the food we eat, how we travel, and the clothes we buy — all have a lasting impact on the environment and a fundamental understanding of [environmental science] is essential to understanding these impacts.” It seems as though, in a given year, about or less than 1% of high school students take the course that could quite literally change the future of our planet. Imagine if we were able to increase that number to 100% by making environmental science a required course. That would mean millions of kids a year would learn that the milk cartons and food scraps they toss out at lunch have a significant impact on their environment and, in turn, their future. Rapidly changing our waste habits can significantly reduce the speed of climate change. While there are currently no federal numbers on how many schools offer environmental science as a mandatory or voluntary course, of the nearly 15 million public school students and about 1.4 million private school students enrolled in grades 9-12 during the 2015-16 school year, the National Science Board reports that just over 149,000 students took the APES test in 2016. When Macarewich was a teen, her high school offered both APES and Marine Ecology courses for students to study. As a student, she took both courses and it inspired her to pursue a 10 career in environmental science. She plans on becoming a professor to continue to educate others on environmentalism. “[This course is] important for students to understand the environment and how everything in the environment, including people, are connected,” my former teacher Mrs. Dang, who has been teaching APES since 2006, tells Teen Vogue. 11 REPORT CARD FOR INFRASTRUCTURE CALIFORNIA’S 2019 About the Grade Across the country, budget issues and deferred maintenance are taking their toll on critical infrastructure systems constructed by the generations before us and which now must be maintained and modernized. The analysis in this report card and associated grades are intended to increase understanding by the public and the state and local legislators of the importance and value of long-term consistent infrastructure investments, the role of leadership and planning, and the need to prepare for the future. The grades reflect the condition of the infrastructure, and not the diligent local agency personnel who are doing their best to manage, repair, renew, and replace aging systems, with the limited available resources. This Report Card is intended to reflect current infrastructure conditions and be a tool to help agencies request and receive the resources they need. The 2019 Report Card for California’s Infrastructure was completed by a committee of over 100 professionals and experts from California who dedicated their valuable time to collect and evaluate existing data, assess the infrastructure, document their findings, and develop recommendations. The committee worked with staff from ASCE National and ASCE’s Committee on America’s Infrastructure to provide. What Can we Do the Raise the Grades? To raise California’s infrastructure grade, ASCE developed the following four recommendations: 1 PROMOTE EFFECTIVE AND COLLABORATIVE LEADERSHIP ASCE encourages all levels of government, business, labor, and nonprofits to collaborate to address challenges associated with California’s aging infrastructure. Effective leadership within agencies is critical, and those individuals should be empowered with applicable decision-making authority. Streamlining the project permitting process across infrastructure is also necessary, with safeguards to protect the national environment. 2 DEVELOP SMART PLANS TO BETTER IDENTIFY FUNDING NEEDS Asset management plans enable state and local agencies to make informed decisions on where – and when to spend limited public funds. Policies should be enacted that require high quality data gathering and regularly scheduled maintenance. Further, life cycle cost analysis and risk analysis, which are valuable strategies to extending the lifespan of an asset and saving the taxpayer money in the long run, should be ASCE May 14, 2019 12 employed for projects costing greater than $5 million. 3 INCREASE STATE AND LOCAL FUNDING Each category evaluated in this report indicates currently available funding to state and local agencies is not adequate to maintain sustainable and safe California infrastructure systems. Long- term funding strategies should be established, based on new and sustained revenue sources, including local and state revenue. Incentives may be appropriate, and adequate funding for innovative new materials, technologies, and processes is imperative. 4 INFORM THE PUBLIC AND RAISE AWARENESS There is a need for additional consumer education on the current funding needs and the negative impacts of delaying action to fund infrastructure improvements statewide. The education needs to also extend to the local and state legislators, locally elected boards and commissions, as well as to the media. Why is Infrastructure Important to Us? Californians use infrastructure each day. Our roads, bridges, and transit networks allow us access to our iconic coastlines, lakes, and vineyards. Water systems deliver clean drinking water to our homes, communities, and businesses. School buildings provide a safe place for our children to learn. Wastewater collection and treatment systems protect our lakes, rivers, and beaches from raw sewage, E. coli and other toxins. Our infrastructure systems play a critical role in continued economic prosperity and the preservation of our quality of life. Unfortunately, our state’s infrastructure renewal and replacement programs have been significantly underfunded for a long time. While the state Legislature, municipalities, and California voters have made strides in recent years to raise additional revenue for our infrastructure, we have a lot of catch-up to do, and large funding gaps remain. Additionally, we’re facing significant new challenges. In May 2018, California’s economy surpassed that of the United Kingdom to become the world’s fifth largest. Over the next 20 years, California’s population is expected to grow by another 25% by over 10 million people. This economic activity and new population requires additional supporting infrastructure. Meanwhile, the climate is changing. California is already grappling with precipitation whiplash – extreme periods of drought followed by extreme periods of rainfall – and sea level rise and increasingly severe storms are also expected. As the stewards of our infrastructure, California’s civil engineers have a moral duty to advocate for sustainable infrastructure capable of supporting our state’s robust economy, while maintaining public safety and our quality of our life. Join us in our mission to increase infrastructure investment to repair our existing networks and plan for California’s future. CALIFORNIA’S INFRASTRUCTURE REPORT CARD The 2019 Report Card for California’s Infrastructure gave the state an overall GPA of C-. The good news is there are solutions to these challenges, and we can raise California’s infrastructure grades. AVIATION C+ California has 26 commercial service airports and 217 general aviation airports. Based on the Federal Aviation Administration passenger boarding data, 11 airports in California rank nationally within the top 100 Commercial Service Airports, with Los Angeles International Airport ranking second nationally and San Francisco International Airport ranking seventh. The condition of the runways at California airports is healthy, but the airport capacity remains a challenge. On average, 17% of flights were delayed at the 11 busiest airports in California in 2017, just under the national average of 18% the same year. Looking ahead, sufficient investment in commercial and general aviation airports is needed to keep pace with a growing economy and population. According to the 10-year California Capital Improvement Plan published in 2017, there are 1,735 aviation projects that need a total of $2.77 billion in funding over the next 10 years. 13 BRIDGES C- Progress has been made over the past decade to increase the percentage of California bridges in good condition and to reduce the number that are classified as structurally deficient (SD). Today, California has fewer SD bridges than the national average, and this number is expected to continue declining thanks to the passage of the Road and Repair Accountability Act (SB 1), which increased funding for badly needed repairs to the state’s transportation system. However, much more remains to be done, especially as it relates to seismic retrofitting to improve the safety of bridges in the event of an earthquake. Approximately 50% of bridges in the state have exceeded their design life and the backlog of recommended maintenance, repair and replacement work continues to grow. California is home to the second largest percentage of “functionally obsolete” (FO) bridges, or bridges with outdated designs that frequently contribute to congestion chokepoints. Over 7% of California’s bridges are structurally deficient and California has ranks among the top states for bridges in “poor” condition by bridge deck area. In other words, some of our largest bridges, along corridors such as I-5 in San Diego, Highway 101 in Los Angeles, and I-80 in Sacramento need major repair and rehabilitation. DAMS C- Dams are a critical element of California’s infrastructure. The public depends on them for 70% of state’s water supply, 15% of the power, as well as for flood control, recreation, fisheries and wildlife habitat. Changes in climate and population growth require new operational strategies. Over half of California’s 1,476 state, federal and locally owned dams are considered high hazard dams, meaning their failure would result in probable loss of human life and economic damage. Approximately 70% of the dams are greater than 50 years old. Aging dam infrastructure challenges must be met with increased resources to ensure their reliability and safety. Fortunately, funding for dam inspection has increased in recent years. In 2015, the California Division of Safety of Dams (DSOD) budget was approximately $13 million, up from $11 million in 2010. This increase kept funding on par with inflation. However, while DSOD’s budget is significantly higher per regulated dam than the national average, it does not fully fund the necessary programs to ensure adequate dam safety. DRINKING WATER C Providing effective water supply and treatment in California has always been challenging due to great variations in water availability and demand from year to year across the state. Historically, California has adapted to this challenge by building a vast network of water storage and conveyance facilities. Today, much of this network is aging. In San Francisco, approximately 150 of the 1,200 miles of water mains are over 100 years old. The Los Angeles Department of Water and Power reports that approximately 28% of the city’s 6,780 mainline pipes were installed before 1938. And while California’s urban centers generally have state-of-the-art water treatment facilities, many of the state’s rural areas are dependent on wells, many of which are inadequate in dry years. To fund and finance necessary drinking water infrastructure projects, water rates have risen, and voters passed both Proposition 1 and Proposition 68 to finance water quality and supply projects. While the additional revenue is helpful, it does not cover all needs throughout the state. ENERGY D- California receives and generates energy through a variety of sources, primarily from natural gas, nuclear, and utility-scale solar and wind. Although under duress, California’s energy systems have generally met the needs of consumers. However, the threat of natural and anthropogenic stresses, including fires, seismic events, storms, and gas storage mishaps, as well as the elevated cost of service, threaten energy system sustainability. Aging equipment, inferior design, and poor right-of-way vegetation management have caused electrical and oil/gas infrastructure incidents and, in some cases, 14 resulted in deadly wildfires. In another trend, the increased renewable energy contribution has had dramatic impacts on the overall capacity of the California electric grid. California now has a legislatively-mandated target of 100% clean energy by 2045, but the true cost of building infrastructure to support this goal is unknown. Meanwhile, natural gas continues to help meet peak electric and heating demands, but the state depends on in-state production and imports that requires extensive processing resulting in high pricing to the consumer. HAZARDOUS WASTE C- California’s hazardous waste infrastructure principally consists of the management of generated hazardous wastes and the cleanup of contaminated sites. In 2017, California entities generated 3.8 million tons of hazardous waste and cleaned up 1,800 contaminated sites. It is estimated that 90,000 properties in California are contaminated with some level of toxic substances. The cost of operating California’s existing hazardous waste infrastructure is around $3.4 billion per year, with most of this funding coming from the private sector. The results of this spending are improved human health and a cleaner environment. Economic benefits result from reduced health-care costs for exposure-related illness and increased land values—putting surplus land towards productive reuses such as housing and conservation and returning hazardous recyclables back into industrial production. The infrastructure is challenged by the fluctuating funding levels, new contaminants and new knowledge of health effects, a vast increase in use of consumer electronics, and rising compliance costs for private businesses and public entities. California does not meet its own hazardous waste disposal needs. Over half of all hazardous waste generated is exported to surrounding states for landfill disposal. INLAND WATERWAYS D The U.S. Army Corp of Engineers operates and maintains two inland waterways in California: the Sacramento Deep Water Ship Canal (Sacramento DWSC), and the Stockton Deep Water Ship Channel (Stockton DWSC). Both waterways face similar issues of being neither wide enough nor deep enough for larger ships. Construction costs for projects to deepen the two waterways are estimated at $17 million for the Sacramento DWSC and between $175 and $225 million for the Stockton DWSC. Both projects have been on hold since 1990, while no funding is programmed for future fiscal years. Meanwhile, the current Sacramento DWSC width is unsafe, particularly for marine vessels navigating the canal in inclement weather. There are significant opportunities for improvement for both waterways when considering seismic readiness, ecological hazards, and lack of necessary inspections. LEVEES D Over the last six years, unprecedented funding was invested in California’s aging levee system, and many miles of levee were improved during that time. Yet the fiscal impacts of climate change, increased regulatory pressure, more rigorous maintenance, updated safety standards and higher cost estimates render this investment a mere down payment on the much larger bill. A capital investment of $45 billion is needed to rehabilitate and improve California’s levees, and unfortunately, the path to this funding is unclear. Local agencies currently spend $1.3 billion annually on all flood management activities. However, additional annual funding of at least $100 million is necessary to repair infrequent but inevitable flood damage. PORTS C+ California ports play a vital role in maintaining waterborne trade essential to the nation’s economy. In 2017, California’s ports handled 40% of all containerized cargo entering the U.S. and 30% of the nation’s exports. Since 2012, maritime traffic volumes have increased by over 16%, while other factors have also begun impacting port operations: the need to protect against potentially catastrophic natural 15 disasters such as earthquakes and sea-level rise, increased demands for security and emergency management, tighter regulatory requirements including air quality regulations, and modernization to incorporate new technologies to maintain competitiveness. California ports are in satisfactory condition for the time being, but require significant improvements to maintain existing conditions and meet new demands. The funding gap is estimated at $ 10.7 billion over the next 10 years, and available revenue has been insufficient to fill the gap as needs continue to outpace available funds. PUBLIC PARKS D+ California is home to 28 national parks and monuments, two World Heritage Sites, 284 state parks, and 14,000 local parks managed by nearly 1,000 agencies. In total, 47 million acres of outdoor recreational areas and local parks are enjoyed by residents of, and visitors to, the state. Unfortunately, park budgets have declined significantly as a result of the 2008 recession and infrastructure deficiencies have been on the rise. Deferred maintenance at state parks is estimated at $1.2 billion, while local parks report an estimated $1 billion in unmet needs. The National Parks Service estimates the maintenance backlog for its parks in California is $1.8 billion. Meanwhile, access to parks continues to be insufficient. Sixty two percent of Californians live in areas that do not meet the California Department of Parks and Recreation recommendation of three acres of park land per 1,000 residents. Fortunately, the tide is turning, as voters approved Proposition 68 in 2018, which will provide $4 billion in bonds for state and local parks and water projects. RAIL C California is home to an extensive network of freight and passenger rail. A major portion of California’s passenger rail system operates on right-of-way owned by Class I freight railroads, which are also the major carrier of freight in the state. Passenger rail systems and smaller freight carriers (Class II and III), to a lesser degree, rely on public funding for operations and maintenance. Class I freight railroads are able to fund maintenance and capital investment from their revenues, and generally operate on infrastructure that is in good condition. Progress is being made on safety related Positive Train Control (PTC) systems and most of the state’s railroads implemented the service by the December 31, 2018 statutory deadline. However, some of the challenges that remain include lack of adequate funding for grade crossing safety programs, and commuter rail and state-supported intercity passenger rail that lack a dedicated revenue source for operations, maintenance, and capital investment programs. California, and the public agencies managing passenger rail systems, are working to remedy the issues regarding funding, interconnectivity, and capital investment, which have been outlined in the 2018 California State Rail Plan. ROADS D Driving on deficient roads costs Californians $61 billion annually due to congestion-related delays, traffic collisions, and increased vehicle operating costs caused by poor road conditions. The condition of California roads is among the worst in the nation, ranking 49th according to the latest US News & World Report Ranking. Meanwhile, Southern California and the Bay Area are the second and third most congested urban areas in the nation, respectively. Repair and improvement to these roads is vital to California’s economic health and public safety. The Road and Repair Accountability Act (SB 1) passed in April 2017, provides $52 billion in additional funds for local and state roads over the next 10 years. However, a total of more than $130 billion over that same time is needed to bring the system back to a state of good repair. A good transportation system enables efficient movement of goods and people and is critical to California’s economic well-being. 16 SCHOOLS C There are 1,026 school districts in California and over 10,000 public elementary and secondary schools serving more than 6,220,000 students statewide. In some municipalities, capacity is sufficient and overall population is declining, while in others, new facilities to accommodate growing enrollment rates are required. Today, most of California’s K-12 school facilities are in fair to good condition thanks to upgrades to structures, roofing systems, fire alarms, ADA access, electrical, HVAC and technology. However, the outdoor environment of the K-12 school facilities, including parking lots, play areas and playfield areas, are only in fair condition. Looking ahead, there is a lack in adequate funding for future routine and major maintenance issues. SOLID WASTE C- California has adequate infrastructure for the minimization, collection, processing, recycling, and disposing of solid waste to protect human health, public safety, and the environment with its 1,390 existing solid waste facilities and operations. However, the existing infrastructure is inadequate to meet existing and recent legislative and regulatory solid waste reduction and recycling goals. While well intentioned, these aspirational policies are being implemented without sufficient markets, planning, infrastructure development and funding, and consideration of recent restrictions by other countries on imported recyclables. Overall, the condition of the solid waste category has declined significantly in recent years, largely due to the insufficient infrastructure to meet new recycling goals and adequately manage the improper discharge of solid waste to the environment. California is considering policies to reduce both the generation and disposal of solid waste including greater manufacturer responsibility, waste reduction, improved recyclability, and increased waste fees. These approaches would likely be implemented through future legislation and regulations that would impose mandated restrictions on solid waste generation and handling, as well as penalties on stakeholders failing to comply. More importantly, California needs to refocus its attention on technologies and internal markets that can help meet its recycling goals/policies, including waste conversion technologies to safely and cost-effectively convert waste residuals (organics, paper, plastics) into low carbon fuels, energy, and chemicals. STORMWATER D+ Stormwater infrastructure in California includes storm drains, pipes, ditches, canals, and channels. It also includes green infrastructure like vegetated areas that provide habitat, flood protection, cleaner air and cleaner water. Much of the drainage infrastructure in California was constructed prior to the 1940s and needs repair or replacement. Further, the new and innovative drainage systems necessary to meet water quality standards and promote a sustainable environment are significantly underfunded. For example, over the next 20 years in Los Angeles County the cost of achieving water quality objectives is estimated at about $20 billion, and in San Diego County, it is estimated at about $5 billion. Clean water is fundamental to our way of life in California and significant investment is needed to insure sustainable clean water for future generations. TRANSIT C- California needs robust, flexible, and reliable transit systems to reduce peak congestion on our highways, provide options for citizens who do not drive, and improve air quality. Public transit in California provides nearly 1.5 billion trips annually on 139 transit systems throughout the state. The California Transportation Commission estimated in 2011 the state needed approximately $174 billion for expansion and state of good repair transit projects over the next 10 years, but at the time only 45% of funding had been identified, leaving a shortfall of $96 billion. Fortunately, recent legislative initiatives and ballot measures are attempting to close the funding gap, including an additional $750 17 million annually for transit agencies across the state provided through the Road and Repair Accountability Act of 2017 (SB 1). Adequate resources must be provided to our transit systems or we risk retreat on sustainability gains as well as the current state of good repair. WASTEWATER C+ California wastewater systems serve a population of 40 million in over 13 million homes and treat 4 billion gallons of sewage per day while protecting surface waters, the coastline and public health. There are approximately 900 publicly-owned collection and treatment systems, while approximately 10% of the population is served by onsite wastewater systems such as septic tanks. The average age of collection system pipes and manholes is approximately 40 years. Most, although not all, systems and treatment plants appear to have adequate capacity and are prepared to meet the population needs for the next 10 to 20 years. Modest progress has been made in recent years to prioritize and invest in wastewater infrastructure. For example, in 2014 Proposition 1 authorized over $7.5 billion in general obligation bonds to fund ecosystems and watershed protection and restoration projects. California also continues to advance in technologies aimed at treating and discharging wastewater at a higher water quality standard. However, the cost to maintain wastewater systems continues to rise with the age of the systems. We must maintain the condition of the infrastructure, meet discharge requirements, and continue elimination of sanitary sewer overflows. 18 California Student Design Competition Winners Head to WEFTEC By Megan Barillo · May 16, 2019 · Views: 7 CWEA held it’s 2nd Annual Student Design Competition on May 4th at the Orange County Sanitation District. A panel of distinguished CWEA members served as judges and three teams from California universities gave their best pitch for engineering designs. The judges were assembled by WEF Past President Jim Clark from Black & Veatch. The Santa Ana River Basin Section handled local logistics. San Diego State University was selected as the team to represent California for their project titled: “Salton Sea: Bioremediation of CA’s Largest Lake.” The students and their coach receive an all-expenses paid trip to WEFTEC in Chicago representing California in the international competition on Sunday, September 22nd. Students from across the Federation will present their design projects in both the wastewater and environmental topic areas. For more information, visit the WEF Student Design Competition webpage. California needs lots of talented, new environmental engineers; the competition gives them first-hand experience in our field. Let’s promote the profession and our young engineers by supporting Team California at the Student Design Competition. If you’re at WEFTEC, the teams compete on Sunday, September 22nd inside McCormick Place Chicago. CWEA May 16, 2019 19 Also, a special note of thanks to WEF Director Ian Mackenzie for organizing the competition. If you know a great college team we should invite to next year’s competition or wish to volunteer as a judge, please contact amackie@cwea.org. 20 OC Sanitation District Selects Director of Environmental Services The Orange County Sanitation District recently selected Ms. Lan Wiborg, to serve as the new Director of Environmental Services. By Ashley Ludwig, Patch Staff | May 17, 2019 2:00 pm ET Ms. Lan Wiborg will take the reins as the new Director of Environmental Services for OC Sanitation District. (oc Sanitation District) FOUNTAIN VALLEY, CA — The Orange County Sanitation District recently selected Ms. Lan Wiborg, to serve as the new Director of Environmental Services. Ms. Wiborg comes to OCSD with more than 20 years of water and wastewater utility experience. She served as the City of San Diego's Deputy Public Utilities Director of Long-Range Planning and Water Resources, where she oversaw water resource development and planning, watershed protection, water conservation, climate change adaptation, and grid-scale pumped hydropower energy storage programs. Wiborg is the inaugural recipient of the San Diego State University (SDSU) Graduate School of Public Health and Distinguished Alumni Award and is a member of Delta Omega, the Honorary Society of Public Health. She also held a faculty appointment at SDSU in the areas of water quality and environmental health from 2014-2016. Patch May 17, 2019 21 As the Director of Environmental Services, Ms. Wiborg will manage the Environmental Services Department with responsibility over environmental compliance, regulatory affairs, the environmental laboratory, ocean monitoring program, and source control operations. "Lan was selected from a talented pool of candidates. Her longstanding relationships within the regulatory community and within the water and wastewater industry will be extremely valuable when it comes to managing OCSD's environmental and regulatory programs," stated Jim Herberg, OCSD General Manager. "She is an excellent choice and I look forward to working with her as part of OCSD's Executive Management Team." Wiborg holds a Bachelor's in Mathematical Psychology and Exercise Physiology, and a Master of Public Health in Environmental Health. In her spare time, Ms. Wiborg enjoys volunteering with watershed protection groups, crafting with natural materials, outdoor adventures and traveling. 22 Why Orange County and California’s drinking water should not go to waste By GARRY BROWN MAY 20, 2019 | 9:20 AM Orange County Coastkeeper is advocating support of a clean water bill and reclaimed wastewater as an alternative to desalination and other costly options. (Kent Nishimura / Los Angeles Times) Daily Pilot May 20, 2019 23 California is in a drinking water crisis. Across the state, residents pay billions of dollars for clean drinking water — and we use this water only once. We drink the water, then it goes to coastal sewage treatment plants, which carry out various levels of sewage treatment, then gets dumped into the ocean through outfall pipes as partially treated sewage, harming the ecosystem in the area. Billions of gallons of treated wastewater is dumped into our California coast each day, and with it, billions of resident dollars are quite literally going to waste. Why aren’t we utilizing available solutions to stop this sewage discharge and capitalize on our people’s investment in clean drinking water? Orange County Coastkeeper is a co-sponsor of Senate Bill 332, introduced by Senate Majority Leader Robert Hertzberg (D-Van Nuys). This bill recognizes the reuse potential of wastewater by requiring all coastal sanitation districts to reduce ocean wastewater discharge by 50% by 2030 and 95% by 2040, and to utilize this water for safe drinking. Is this achievable for California? Luckily, we have developed technology to treat and reuse almost any water. Recently, Gov. Newsom released an executive order to increase California’s water security by developing local water supplies, urging our state to use every drop of water wisely and to take advantage of recycling water rather than discharging it into the ocean. Technology in our state is at a point where we can even take raw sewage and turn it into nearly distilled water. This treatment process is now a proven safe source of public drinking water in Orange County. By using an advanced water treatment system, we produce millions of gallons each day of almost-distilled water from sewage. And at three times the cost, California should not consider the much more energy- intensive process of desalinating ocean water. In most cases, desalination makes absolutely no sense (unless you have no other options for safe water). We should stop efforts toward desalination and take advantage of this pure water treatment technology across the California coast. Senate Bill 332 will help us get there. 24 Frequently, Orange County leads the way for other agencies across the state on water issues and water technology. Orange County Water District built the first-of- its kind advanced treatment facility, and Orange County Sanitation District has already significantly reduced its ocean discharge, and it voluntarily set a goal of “zero discharge” to the ocean. It’s time that Orange County leads the charge once more. Coastkeeper commends both agencies for their leadership on the reuse of wastewater and urges support of this bill to ensure other sanitation districts in California follow the lead established in Orange County. With Senate Bill 332, we start to pull California out of its single-use water crisis and ensure our safe drinking water doesn’t go to waste. Garry Brown is founding director of Orange County Coastkeeper. 25 Twitter Posts May 2019 26 27 Facebook Posts May 2019 28 29 Instagram Posts May 2019 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.