HomeMy WebLinkAbout03-08-2021 Legislative Committee Meeting Complete Agenda Packet 2021-03-01
ORANGE COUNTY SANITATION DISTRICT
SPECIAL NOTICE REGARDING CORONAVIRUS (COVID-19)
AND ATTENDANCE AT PUBLIC MEETINGS
On March 4, 2020, Governor Newsom proclaimed a State of Emergency in California as
a result of the threat of COVID-19. On March 12, 2020 and March 18, 2020, Governor
Newsom issued Executive Order N-25-20 and Executive Order N-29-20, which
temporarily suspend portions of the Brown Act which addresses the conduct of public
meetings.
The General Manager and the Chairman of the Board of Directors have determined that
due to the size of the Orange County Sanitation District’s Board of Directors (25), and the
health and safety of the members, the Board of Directors will be participating in meetings
of the Board telephonically and via Internet accessibility.
PUBLIC PARTICIPATION
Your participation is always welcome. The Legislative and Public Affairs Committee
meeting will be available to the public online at:
https://ocsd.legistar.com/Calendar.aspx
You may submit your comments and questions in writing for the Committee’s
consideration in advance of the meeting by using the eComment feature available via
the webpage above or sending them to OCSanClerk@ocsd.com with the subject line
“PUBLIC COMMENT ITEM # (insert the item number relevant to your comment)” or
“PUBLIC COMMENT NON-AGENDA ITEM”. Submit your written comments by 9:00 a.m. on Monday, March 8, 2021.
You may also submit comments and questions for the Committee’s consideration during
the meeting by using the eComment feature that will be available via the webpage above
for the duration of the meeting.
All public comments will be provided to the Committee and may be read into the record
or compiled as part of the record.
Thank you.
March 1, 2021
NOTICE OF SPECIAL MEETING
LEGISLATIVE AND PUBLIC AFFAIRS COMMITTEE
ORANGE COUNTY SANITATION DISTRICT
Monday, March 8, 2021 – 4:30 P.M.
ACCESSIBILITY FOR THE GENERAL PUBLIC
Due to the spread of COVID-19, the Orange County Sanitation District will
be holding all upcoming Board and Committee meetings by
teleconferencing and Internet accessibility. This meeting will be available
to the public online at:
https://ocsd.legistar.com/Calendar.aspx
A special meeting of the Legislative and Public Affairs Committee of the
Orange County Sanitation District will be held in the manner indicated herein
on Monday, March 8, 2021 at 4:30 p.m.
LEGISLATIVE AND PUBLIC
AFFAIRS COMMITTEE
MEETING DATES
BOARD MEETING DATES
Monday 03/08/21 4:30 p.m. 03/24/21
Monday 04/12/21 4:00 p.m. 04/28/21
Monday 05/10/21 4:30 p.m. 05/26/21
JUNE – DARK 06/23/21
Monday 07/12/21 4:00 p.m. 07/28/21
AUGUST – DARK 08/25/21
Monday 09/13/21 4:30 p.m. 09/22/21
OCTOBER – DARK 10/27/21
Monday 11/08/21 4:30 p.m. 11/17/21 *
DECEMBER – DARK 12/15/21 *
JANUARY – DARK 01/26/22
Monday 02/07/22 4:30 p.m. 02/23/22
* Meeting will be held on the third Wednesday of the month
ROLL CALL
LEGISLATIVE & PUBLIC AFFAIRS COMMITTEE
Meeting Date: March 8, 2021 Time: 4:30 p.m.
Adjourn:
COMMITTEE MEMBERS (7)
Jesus S. Silva, Chair
Marshall Goodman, Vice-Chair
Kim Carr, Member-At-Large
Anthony Kuo, Member-At-Large
Andrew Nguyen, Member-At-Large
David Shawver, Board Chair
John Withers, Board Vice-Chair
OTHERS
Brad Hogin, General Counsel
STAFF
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
Kelly Lore, Clerk of the Board
ORANGE COUNTY SANITATION DISTRICT Effective 2/9/2021 BOARD OF DIRECTORS
Complete Roster
AGENCY/CITIES
ACTIVE DIRECTOR
ALTERNATE
DIRECTOR
Anaheim
Stephen Faessel
Jose Diaz
Brea Glenn Parker Steven Vargas
Buena Park Art Brown Connor Traut Cypress Stacy Berry Anne Hertz
Fountain Valley Patrick Harper Glenn Grandis
Fullerton Jesus J. Silva Nick Dunlap
Garden Grove Steve Jones John O’Neill Huntington Beach Kim Carr Dan Kalmick
Irvine Anthony Kuo
Farrah N. Khan
La Habra Rose Espinoza Jose Medrano
La Palma Marshall Goodman Nitesh Patel
Los Alamitos Mark A. Chirco Ron Bates Newport Beach Brad Avery Joy Brenner
Orange Kim Nichols Chip Monaco
Placentia Chad Wanke Ward Smith
Santa Ana Johnathan Ryan Hernandez Nelida Mendoza Seal Beach Sandra Massa-Lavitt
Schelly Sustarsic
Stanton David Shawver Carol Warren Tustin Ryan Gallagher Austin Lumbard
Villa Park Chad Zimmerman Robert Collacott
Sanitary/Water Districts
Costa Mesa Sanitary District
Bob Ooten
Art Perry Midway City Sanitary District Andrew Nguyen
Sergio Contreras Irvine Ranch Water District John Withers
Douglas Reinhart
Yorba Linda Water District Brooke Jones Phil Hawkins
County Areas
Board of Supervisors Doug Chaffee Donald P. Wagner
LEGISLATIVE AND PUBLIC AFFAIRS COMMITTEE
Regular Meeting Agenda
Monday, March 8, 2021 - 4:30 PM
Board Room
Administration Building
10844 Ellis Avenue
Fountain Valley, CA 92708
(714) 593-7433
AGENDA POSTING: In accordance with the requirements of California Government Code Section 54954.2, this
agenda has been posted outside the main gate of the Sanitation District’s Administration Building located
at 10844 Ellis Avenue, Fountain Valley, California, and on the Sanitation District’s website at www.ocsd.com
not less than 72 hours prior to the meeting date and time above. All public records relating to each agenda
item, including any public records distributed less than 72 hours prior to the meeting to all, or a majority
of the Board of Directors, are available for public inspection in the office of the Clerk of the Board.
AGENDA DESCRIPTION: The agenda provides a brief general description of each item of business to
be considered or discussed. The recommended action does not indicate what action will be taken. The Board
of Directors may take any action which is deemed appropriate.
MEETING AUDIO: An audio recording of this meeting is available within 24 hours after adjournment of
the meeting. Please contact the Clerk of the Board's office at (714) 593-7433 to request the audio file.
NOTICE TO DIRECTORS: To place items on the agenda for a Committee or Board Meeting, the item must
be submitted in writing to the Clerk of the Board: Kelly A. Lore, MMC, (714) 593-7433 / klore@ocsd.com at least
14 days before the meeting.
FOR ANY QUESTIONS ON THE AGENDA, BOARD MEMBERS MAY CONTACT STAFF AT:
General Manager: Jim Herberg, jherberg@ocsd.com / (714) 593-7300
Asst. General Manager: Lorenzo Tyner, ltyner@ocsd.com / (714) 593-7550
Asst. General Manager: Rob Thompson, rthompson@ocsd.com / (714) 593-7310
Director of Human Resources: Celia Chandler, cchandler@ocsd.com / (714) 593-7202
Director of Engineering: Kathy Millea, kmillea@ocsd.com / (714) 593-7365
Director of Environmental Services: Lan Wiborg, lwiborg@ocsd.com / (714) 593-7450
LEGISLATIVE AND PUBLIC
AFFAIRS COMMITTEE
Regular Meeting Agenda Monday, March 8, 2021
CALL TO ORDER
PLEDGE OF ALLEGIANCE
ROLL CALL AND DECLARATION OF QUORUM:
Clerk of the Board
PUBLIC COMMENTS:
Your participation is always welcome. The Legislative and Public Affairs Committee meeting will be available to
the public online at: https://ocsd.legistar.com/Calendar.aspx.
You may submit your comments and questions in writing for the Legislative and Public AffairsCommittee’s
consideration in advance of the meeting by using the eComment feature available via the webpage above or
sending them to OCSanClerk@ocsd.com with the subject line “PUBLIC COMMENT ITEM # (insert the item
number relevant to your comment)” or “PUBLIC COMMENT NON-AGENDA ITEM”. Submit your written
comments by 9:00 a.m. on Monday, March 8, 2021.
You may also submit comments and questions for the Legislative and Public Affairs Committee’s consideration
during the meeting by using the eComment feature that will be available via the webpage above for the duration of
the meeting. All public comments will be provided to the Legislative and Public Affairs Committee and may be
read into the record or compiled as part of the record.
REPORTS:
The Committee Chairperson and the General Manager may present verbal reports on miscellaneous matters of
general interest to the Directors. These reports are for information only and require no action by the Directors.
CONSENT CALENDAR:
Consent Calendar Items are considered to be routine and will be enacted, by the Committee, after one motion,
without discussion. Any items withdrawn from the Consent Calendar for separate discussion will be considered in
the regular order of business.
1.2021-1513APPROVAL OF MINUTES
RECOMMENDATION:
Approve Minutes of the Special Meeting of the Legislative and Public Affairs Committee
held February 8, 2021.
Originator:Kelly Lore
Agenda Report
02-08-2021 LaPA Committee Minutes
Attachments:
Page 1 of 3
LEGISLATIVE AND PUBLIC
AFFAIRS COMMITTEE
Regular Meeting Agenda Monday, March 8, 2021
NON-CONSENT:
2.2021-1502LEGISLATIVE AFFAIRS UPDATE FOR THE MONTH OF FEBRUARY
2021
RECOMMENDATION: Recommend to the Board of Directors to:
Receive and file the Legislative Affairs Update for the month of February 2021.
Originator:Jim Herberg
Agenda Report
Federal Legislative Update - ENS Resources
Federal Legislative Matrix - ENS Resources
State Legislative Update - Towsend
State Legislative Matrix - Townsend
Grant Tracker 2021-2022
Attachments:
3.2021-1508PUBLIC AFFAIRS UPDATE FOR THE MONTH OF FEBRUARY 2021
RECOMMENDATION: Recommend to the Board of Directors to:
Receive and file the Public Affairs Update for the month of February 2021.
Originator:Jim Herberg
Agenda Report
Outreach & Media Summary Report January-February 2021
Attachments:
4.2021-1515LETTER OF SUPPORT FOR THE SOLID WASTE: PREMOISTENED
NONWOVEN DISPOSABLE WIPES BILL AB 1818
RECOMMENDATION:
Approve the Letter of Support for the solid waste: premoistened nonwoven disposable
wipes Bill AB 818.
Originator:Jim Herberg
Agenda Report
AB 818 Letter of Support
AB 818 Bill Text
Attachments:
INFORMATION ITEMS:
None.
DEPARTMENT HEAD REPORTS:
Page 2 of 3
LEGISLATIVE AND PUBLIC
AFFAIRS COMMITTEE
Regular Meeting Agenda Monday, March 8, 2021
CLOSED SESSION:
None.
OTHER BUSINESS AND COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS, IF
ANY:
BOARD OF DIRECTORS INITIATED ITEMS FOR A FUTURE MEETING:
At this time Directors may request staff to place an item on a future agenda.
ADJOURNMENT:
The next Legislative and Public Affairs Committee meeting is scheduled for Monday, April 12,
2021 at 4:00 p.m.
Page 3 of 3
LEGISLATIVE AND PUBLIC AFFAIRS
COMMITTEE
Agenda Report
Administration Building
10844 Ellis Avenue
Fountain Valley, CA 92708
(714) 593-7433
File #:2021-1513 Agenda Date:3/8/2021 Agenda Item No:1.
FROM:James D. Herberg, General Manager
Originator: Kelly A. Lore, Clerk of the Board
SUBJECT:
APPROVAL OF MINUTES
GENERAL MANAGER'S RECOMMENDATION
RECOMMENDATION:
Approve Minutes of the Special Meeting of the Legislative and Public Affairs Committee held
February 8, 2021.
BACKGROUND
In accordance with the Board of Directors Rules of Procedure,an accurate record of each meeting
will be provided to the Directors for subsequent approval at the following meeting.
RELEVANT STANDARDS
·Resolution No. OC SAN 21-04
ATTACHMENT
The following attachment(s)may be viewed on-line at the OC San website (www.ocsan.gov)with the complete agenda
package:
·Minutes of the Legislative and Public Affairs Committee meeting held February 8, 2021
Orange County Sanitation District Printed on 3/1/2021Page 1 of 1
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Orange County Sanitation District
Minutes for the
LEGISLATIVE AND PUBLIC
AFFAIRS COMMITTEE
Monday, February 8, 2021
4:00 PM
Board Room
Administration Building
10844 Ellis Avenue
Fountain Valley, CA 92708
(714) 593-7433
CALL TO ORDER
A special meeting of the Legislative and Public Affairs Committee was called to order by
Committee Chair Jesus J. Silva on Monday, February 8, 2021 at 4:04 p.m. in the
Administration Building of the Orange County Sanitation District. Chair Silva stated that the
meeting was being held telephonically and via audio/video teleconferencing in accordance
with the Governor's Executive Order No. N-29-20, due to the Coronavirus
Pandemic (COVID-19). Vice-Chair Marshall Goodman led the Flag Salute. Chair Silva
announced the teleconference meeting guidelines.
ROLL CALL AND DECLARATION OF QUORUM:
Roll call was taken and a quorum was declared present, as follows:
PRESENT:Jesus Silva, Marshall Goodman, Kim Carr, Anthony Kuo, Andrew
Nguyen, David Shawver and John Withers
ABSENT:None
STAFF PRESENT: Kelly Lore, Clerk of the Board, and Mortimer Caparas were present in the
Board Room. 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;
Jennifer Cabral, Belen Carrillo, Jackie Castro, Tanya Chong, Brian Engeln, Alfredo Garcia,
Tina Knapp, Rebecca Long, Joshua Martinez, Gerry Matthews, Kelly Newell, and Thomas Vu
were in attendance telephonically.
OTHERS PRESENT: Brad Hogin, General Counsel was present in the Board Room. Eric
Sapirstein, ENS Resources; Eric O’Donnell, Townsend Public Affairs (TPA); and Cori
Takkinen, Townsend Public Affairs (TPA) were in attendance telephonically.
PUBLIC COMMENTS:
None.
REPORTS:
Chair Silva announced the dates of the Special Meetings of the Board of Directors including
the Strategic Plan Workshop on February 17, 2021 at 2:00 p.m. and the Board Orientation
Tour on February 18, 2021 at 3:00 p.m.
Page 1 of 4
LEGISLATIVE AND PUBLIC
AFFAIRS COMMITTEE
Minutes February 8, 2021
CONSENT CALENDAR:
1. APPROVAL OF MINUTES 2020-1392
Originator: Kelly Lore
MOVED, SECONDED, AND DULY CARRIED TO:
Approve Minutes of the Regular Meeting of the Legislative and Public Affairs
Committee held November 9, 2020.
AYES:Jesus Silva, Marshall Goodman, Anthony Kuo, Andrew Nguyen,
David Shawver and John Withers
NOES:None
ABSENT:Kim Carr
ABSTENTIONS:None
NON-CONSENT:
2.PUBLIC AFFAIRS STRATEGIC PLAN FOR FISCAL YEARS 2020-2022 2021-1450
MIDYEAR UPDATE
Originator: Jim Herberg
Director Kim Carr arrived at the meeting at 4:14 p.m.
Jennifer Cabral, Administration Manager, provided an informative PowerPoint
presentation regarding the Public Affairs Mid-Year Update including an overview of the
Strategic Plan for FY 2020-2022.
MOVED, SECONDED, AND DULY CARRIED TO: Recommend to the Board of
Directors to:
Receive and file the Public Affairs Strategic Plan for Fiscal Years 2020 - 2022 Midyear
Update.
AYES:Jesus Silva, Marshall Goodman, Kim Carr, Anthony Kuo, Andrew
Nguyen, David Shawver and John Withers
NOES:None
ABSENT:None
ABSTENTIONS:None
3. PUBLIC AFFAIRS UPDATE FOR THE MONTHS OF NOVEMBER 2020
THROUGH JANUARY 2021
2021-1415
Originator: Jim Herberg
Jennifer Cabral, Administration Manager, provided a brief PowerPoint presentation
recapping the Public Affairs three month update including information on new
Page 2 of 4
LEGISLATIVE AND PUBLIC
AFFAIRS COMMITTEE
Minutes February 8, 2021
launches, virtual tours, and awards.
MOVED, SECONDED, AND DULY CARRIED TO: Recommend to the Board of
Directors to:
Receive and file the Public Affairs Update for the months of November 2020 through
January 2021.
AYES:Jesus Silva, Marshall Goodman, Kim Carr, Anthony Kuo, Andrew
Nguyen, David Shawver and John Withers
NOES:None
ABSENT:None
ABSTENTIONS:None
4. LEGISLATIVE AFFAIRS UPDATE FOR THE MONTHS OF
NOVEMBER 2020 THROUGH JANUARY 2021
2021-1412
Originator: Jim Herberg
Eric Sapirstein, ENS Resources, provided a PowerPoint presentation and a brief
overview of the federal monthly report which included newly issued Executive Orders,
Legislative Committee Assignments, and the Fiscal Year 2022 Budget.
Eric O’Donnell, TPA, provided a PowerPoint presentation that included the Legislative
Calendar, a brief overview of the Legislators priorities for 2021, the Governor’s January
Budget, and emerging Legislation.
MOVED, SECONDED, AND DULY CARRIED TO: Recommend to the Board of
Directors to:
Receive and file the Legislative Affairs Update for the months of November 2020
through January 2021.
AYES:Jesus Silva, Marshall Goodman, Kim Carr, Anthony Kuo, Andrew
Nguyen, David Shawver and John Withers
NOES:None
ABSENT:None
ABSTENTIONS:None
5.LEGISLATIVE AND PUBLIC AFFAIRS COMMITTEE MEETING DATES
FOR CALENDAR YEAR 2021
2021-1458
Originator: Kelly Lore
Kelly Lore, Clerk of the Board, gave a brief overview of the item. It was the consensus
of the committee to move the meeting time for regular meetings to 4:30 p.m. and the
April and July meetings to be held at 4:00 p.m. to allow GWRS members to attend their
5:00 p.m. meeting.
Page 3 of 4
LEGISLATIVE AND PUBLIC
AFFAIRS COMMITTEE
Minutes February 8, 2021
INFORMATION ITEMS:
None.
DEPARTMENT HEAD REPORTS:
None.
CLOSED SESSION:
None.
OTHER BUSINESS AND COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS, IF
ANY:
None.
BOARD OF DIRECTORS INITIATED ITEMS FOR A FUTURE MEETING:
None.
ADJOURNMENT:
Chair Silva declared the meeting adjourned at 5:15 p.m. to the next Legislative and Public
Affairs Committee meeting, Monday, March 8, 2021 at 4:30 p.m., pending Board of Directors
approval.
Submitted by:
__________________
Kelly A. Lore, MMC
Clerk of the Board
Page 4 of 4
LEGISLATIVE AND PUBLIC AFFAIRS
COMMITTEE
Agenda Report
Administration Building
10844 Ellis Avenue
Fountain Valley, CA 92708
(714) 593-7433
File #:2021-1502 Agenda Date:3/8/2021 Agenda Item No:2.
FROM:James D. Herberg, General Manager
SUBJECT:
LEGISLATIVE AFFAIRS UPDATE FOR THE MONTH OF FEBRUARY 2021
GENERAL MANAGER'S RECOMMENDATION
RECOMMENDATION: Recommend to the Board of Directors to:
Receive and file the Legislative Affairs Update for the month of February 2021.
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 of the Sanitation District’s
mission, programs, and projects and how they could be impacted by proposed legislation.
PROPOSED SOLUTION
Continue to work with Local,State,and Federal officials to advocate the Sanitation District’s
legislative interests.Help to create/monitor legislation and grants that would benefit the Sanitation
District,the wastewater industry,and the community as a whole.To assist in our relationship building
activities,we will continue to reach out to our elected officials providing facility tours,one-on-one
meetings, and trips to Washington D.C. and Sacramento.
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File #:2021-1502 Agenda Date:3/8/2021 Agenda Item No:2.
TIMING CONCERNS
N/A
RAMIFICATIONS OF NOT TAKING ACTION
If we do not work with Local,State,and Federal elected officials,legislation could be passed that
negatively affects the Sanitation District and the wastewater industry as a whole.Additionally,a lack
of engagement may result in missed funding opportunities.
ADDITIONAL INFORMATION
·At the direction of an Executive Order,Federal Emergency Management Agency (FEMA)has
revised its procedure for reimbursement of expenditures related to the pandemic.Under the
new policy,FEMA will consider 100%reimbursement for costs incurred related to the
pandemic.This will cover already submitted costs and costs incurred through 2021.
Currently,we have applied for approximately $260,000 based on FEMA eligible items.Staff
will continue to actively work on this to ensure the Sanitation District submits for and receives
any funding we are eligible for.
·Staff is in the process of sending congratulatory letters,signed by the Board Chairman,to all
City Council Members who have been recently elected or re-elected.This will also include
Mayors,Mayor Pro Tems,and City Council Members.The letters will also invite them and
their staff to take a virtual tour of Plant No. 1.
·Staff is actively engaged with various local agencies,associations,and lobbyists monitoring
current and upcoming legislation and the potential impact to the Sanitation District including,
but not limited to,AB 377 (Assembly member Rivas and Senator Hertzberg)and SB 273
(Senator Hertzberg).SB 377 intends to make significant changes to the National Pollutant
Discharge Elimination System permitting process which would create a new enforcement
program.SB 273 authorizes wastewater agencies to voluntarily enter into agreements with
stormwater management facilities in order to manage stormwater.At the writing of this report,
we are currently in a “Watch” position for both bills.
·The Biden Administration recently released its regulatory rulemaking which stipulated that
PFOA and PFOS should be regulated in drinking water.We will continue to keep a close eye
on this issue and any others that may arise and affect the wastewater treatment process.
·Dr.Violet Renick,Senior Scientist for the Sanitation District,recently testified at the Assembly
Environmental Safety &Toxic Materials Committee -Microplastic Hearing.Dr.Renick
presented on microplastics in wastewater,what they are,and what we currently know about
them.She was invited to present along with fellow agencies,associations,and peers in the
industry.
FINANCIAL CONSIDERATIONS
N/A
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File #:2021-1502 Agenda Date:3/8/2021 Agenda Item No:2.
ATTACHMENT
The following attachment(s)may be viewed on-line at the OC San website (www.ocsan.gov)with the complete agenda
package:
·Federal Update - ENS Resources
·Federal Legislative Matrix - ENS Resources
·State Update - Townsend Public Affairs
·State Legislative Matrix - Townsend Public Affairs
·Grant Matrix
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TO: Rebecca Long
FROM: Eric Sapirstein
DATE: February 16, 2021
SUBJECT: Washington Update
The past month saw Congress and the Administration moving forward decisively on
COVID-19 relief. The Democratic Congress succeeded in using the Budget
Reconciliation process to begin legislating federal assistance that would be the fifth
package of relief in less than a year. This process all but guarantees enactment since
it will only require simple majorities in both chambers and avoid the use of the
filibuster in the Senate. Of special note, California’s newest Senator, Alex Padilla, was
appointed to the Senate Committee on Environment and Public Works. This means
that California will have a voice at the table as the committee considers water
infrastructure legislation.
As Congress continued to organize for the 117th Congress, OC San’s newest Members
of its delegation, Representatives Michelle Steel and Young Kim were appointed to
committees. Steel will sit on the all-important Committee on Transportation &
Infrastructure with jurisdiction over the Clean Water Act. Kim will sit on the
Committee on Science Space and Technology with jurisdiction over technology and
innovation policies. The other members of the delegation will remain on the
committees with one change. Representative Katie Porter relinquished her seat on
the Committee on Financial Services to sit on the Committee on Natural Resources.
American Rescue Plan
The House and Senate approved an overall spending plan totaling $1.9 trillion in
new spending to combat the health and economic impacts of the pandemic. This
occurred on an almost party-line vote in the House and a party-line vote in the
Senate. The House and Senate then turned it efforts to developing the legislative
provisions to spend the funding approved. The House is scheduled to vote on the
package of spending within the next week. The Senate is expected to follow shortly
thereafter, leading to expected final passage by the end of March at the latest.
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As agreed to in the Houses committees, the following assistance provisions of note
for local governments is provided:
•Special Districts currently are not eligible to receive assistance, but efforts
are being made to authorize states to use 5 percent of their allocation to
support Special Districts
•The state of California would receive approximately $26 billion
•Orange County would receive approximately $621 million
•Utility Ratepayer Assistance would be addressed as follows:
o $500 million to supplement $638 million provided in December relief
package to help water and wastewater utilities with arrearages
(Department of Health and Human Services working to issue program
guidance to states in the coming weeks.)
o $19 billion in supplemental emergency rental assistance that could be
used to support payment of utility services
o $10 billion in mortgage assistance to support payment of utility bills
and mortgage payments, property taxes and insurance and other
housing needs
In addition to these assistance provisions, the final package is also expected to
provide increased funding of health-related needs for hospital workers and other
essential workers, hazard pay, and mandatory leave credits for public agencies
during the pandemic.
FEMA Revise Reimbursement Policy
At the direction of an Executive Order, Federal Emergency Management Agency
(FEMA) has revised its reimbursement of expenditures related to the pandemic.
Under the new policy, FEMA will consider 100% reimbursement for costs incurred
related to the pandemic. This will cover already submitted costs and costs incurred
through 2021. The net impact of the action is that the federal government can pay
the outstanding 25% of costs that were ineligible prior to the policy change. FEMA
is currently developing guidance and it is appropriate to contact CALOES about
potential reimbursements of outstanding costs.
Administration Appointments
The Biden White House has made a number of political appointments many of
which have direct ties to California and California water issues. Rahdika Fox, who
had worked for San Francisco Public Utilities Commission, will serve as the head of
the United States Environmental Protection Agency (UEPA) Office of Water. Camille
Touton, who most recently served as Professional Staff on Subcommittee on Water
Resources for Chairwoman Grace Napolitano, will lead the U.S. Bureau of
Reclamation. Tanya Trujillo, who worked on the Senate Energy and Natural
Resources Committee as a counsel and most recently was the Executive Director of
the Colorado River California Office, will be the lead for the Office of Water and
Science. These officials have a deep knowledge of California water issues and
specifically Southern California and should be helpful in addressing drought impacts
and water quality needs of the region.
The selection of North Carolina’s Department of Environment leader, Michael Regan
to become the USEPA Administrator is likely to boost the agency’s focus on “forever”
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chemicals and generally give a higher priority to enforcement. Regan sailed through
his confirmation hearing, with bipartisan support, before the Senate Committee on
Environment and Public Works and is expected to be confirmed shortly.
Last, Vice President Harris has selected a number of individuals to serve in her
office, including Ike Irby. OC San worked with Irby to advance its priorities when he
was in the Senate with Harris.
Infrastructure Policymaking
Once Congress completes action on the fifth COVID-19 relief package, it is expected
to turn attention of a national infrastructure imitative that would likely merge core
infrastructure needs with climate policy priorities. Senate and House infrastructure
committee leaders met with the president where he provided strong support for a
bold infrastructure initiative in the coming months. The positive outlook for
infrastructure is grounded in a sense that a national infrastructure funding program
could reverse the COVID-19 created economic challenges and create employment
opportunities. The starting point of any package appears to be the Moving Forward
Act that the House passed last year. This almost $2 trillion bill placed a priority on
funding the SRF program ($60 billion) as well as new programs to provide grants
($500 million) to help water agencies adopt smart water technologies that could
modernize the treatment process and conveyance of water supplies. In addition, we
anticipate that any broad infrastructure policy will include climate resiliency needs
to help address drought, flooding, sea level increase and other impacts upon water
agencies.
The outlines of any infrastructure policy remain to be developed in the coming
months. However congressional staff indicate that the latter part of spring could see
Congress moving aggressively to pass a bill. To this end, the House Committee on
Transportation & Infrastructure has signaled that it plans to conduct a hearing into
the Clean Water Act SRF program and its needs later this month. The Senate
Committee on Environment and Public Works Chairman Tom Carper (D-DE) has
stated that he hopes to have an infrastructure package approved by his committee
by late May.
Title
To establish a grant program for the funding of water recycling and
reuse projects, and for other purposes.
Primary Sponsors
Grace Napolitano
Bill Summary: Last edited by Sarah Sapirstein at Feb 16, 2021, 3:28 PM
Increases the authorization level for the Title XVI Program to $500
million from the current $50 million and makes it a permanent program.
The bill strikes requirement that projects must be in drought or disaster
areas and strikes the requirement that the projects need to be
designated in an appropriations legislation.
Introduction Date: 2021-02-11
Federal Legislative Report - February 2021
Last Updated: February 23, 2021
Bills by Issue
Recently Updated Bills (0)
No bills to show.
Priority: None (8)
Bill Number
HR 1015
Last Action
Introduced In House 2021 02 11
Status
In House
Position
Support
Priority
None
Organizational Notes
Last edited by Sarah Sapirstein at Feb 23, 2021, 4:57 PM
H.R. 1015 would increase the authorization level for the Title XVI Program to $500 million from the current $50 million, and make it a permanent
program. The program is set to expire this year if Congress does not reauthorize it. The bill would also strikes the requirement that projects must
be in drought or disaster area, strikes the requirement that the projects need to be designated in an appropriations legislation, and increases the
limitation on the federal share of individual Title XVI projects from the current $20 million in October 1996 prices to $30 million in January 2019
prices (does not change the 25% federal cost share). H.R. 1015 is a reintroduction of a bill (H.R. 1162) Napolitano introduced in the 116th
Congress. CASA supports. #OCSAN CASA Supports #OCS
Title
A bill to establish a National Climate Bank.
Primary Sponsors
Ed Markey
Bill Summary: Last edited by Sarah Sapirstein at Feb 16, 2021, 3:29 PM
Creates a national climate bank to leverage public and private funds to
invest in clean energy technologies and infrastructure. Would allow for
up to $884 billion in total investment over 10 years to support financing
to eligible regional, state, and local green banks to make investments in
the activities and projects that projects that reduce carbon emissions,
support workers and communities negatively impacted by climate
transition, and provide technical assistance for start up of new green
banks.
Introduction Date: 2021-02-08
Title
REBUILD Act
Primary Sponsors
Ken Calvert
Bill Summary: Last edited by Sarah Sapirstein at Feb 16, 2021, 3:29 PM
Would allow a State to enter into a Memorandum of Understanding with
the designated federal agency with environmental review responsibility
under NEPA to assume review responsibilities of that agency.
Introduction Date: 2021-02-01
Bill Number
S 283
Last Action
Read Twice And Referred To The Committee
On Environment And Public Works 2021 02 08
Status
In Senate
Position
Monitor
Priority
None
Organizational Notes
Last edited by Sarah Sapirstein at Feb 23, 2021, 5:02 PM
Legislation is a congressional response to Biden Administration's Executive Order on Tackling the Climate Crisis at Home and Abroad that directs "
[federal] investments...be made toward a goal that 40 percent of the overall benefits flow to disadvantaged communities." Executive Order
included in Associations/File folder. #OCSAN #CASA
Last edited by Sarah Sapirstein at Feb 16, 2021, 3:29 PM
S. 283 creates a national climate bank to leverage public and private funds to invest in clean energy technologies and infrastructure. By leveraging
$100 billion in public funds, it will allow for up to $884 billion in total investment over 10 years to support financing to eligible regional, state, and
local green banks to make investments in the following types of activities: - projects that reduce carbon emissions - projects that support workers
and communities negatively impacted by climate transition - projects that provide technical assistance for start up of new green banks - projects
that address climate resiliency measures - projects that address water and energy efficiency, including residential, commercial and industrial
efficiency measures Requires that 40% of all investments be directed to disadvantaged communities facing climate impacts. #OCSAN
Bill Number
HR 644
Last Action
Introduced In House 2021 02 01
Status
In House
Position
None
Priority
None
Organizational Notes
Last edited by Sarah Sapirstein at Feb 16, 2021, 2:07 PM
H.R. 644 aims to reduce the cost and increase the speed of NEPA permitting reviews of infrastructure projects. Specifically, the bill would allow a
State to enter into a Memorandum of Understanding with the designated federal agency with environmental review responsibilities under NEPA
to assume review responsibilities of that agency. This would allow the State to integrate NEPA compliance into its own project approval process
and streamline the process overall. #OCSAN
Title
Emergency Water is a Human Right Act
Primary Sponsors
Rashida Tlaib
Bill Summary: Last edited by Sarah Sapirstein at Feb 16, 2021, 3:30 PM
Prohibits water shutoffs and ensure water affordability protections for
low-income households during COVID-19 national emergency. Provides
affordability protections for households with incomes up to 150% of the
federal poverty guidelines through authorizing $1.5 billion in grants to
assist such households pay for drinking water and wastewater services.
Introduction Date: 2021-01-28
Title
Environmental Justice Mapping and Data Collection Act of 2021
Primary Sponsors
Cori Bush
Bill Summary: Last edited by Sarah Sapirstein at Feb 23, 2021, 7:40 PM
Directs interagency collaboration with EJ stakeholders to create and
authorize funding for a system that comprehensively identifies
demographic factors, environmental burdens, socioeconomic conditions
and public health concerns. The data collected would be used to build
layered maps that depict what communities experience environmental
injustices. The bill supports the initiative from the Biden Administration
to direct 40% of federal investments towards EJ communities.
Introduction Date: 2021-01-28
Bill Number
HR 616
Last Action
Referred To The Committee On Energy And
Commerce And In Addition To The Committee
On Education And Labor For A Period To Be
Subsequently Determined By The Speaker In
Each Case For Consideration Of Such
Provisions As Fall Within The Jurisdiction Of
The Committee Concerned 2021 01 28
Status
In House
Position
None
Priority
None
Organizational Notes
Last edited by Sarah Sapirstein at Feb 16, 2021, 3:31 PM
H.R.616 would prohibit water shutoffs and ensure water affordability protections for low-income households during COVID-19 national
emergency. The bill provides affordability protections for households with incomes up to 150% of the federal poverty guidelines through
authorizing $1.5 billion in grants to assist such households pay drinking water and wastewater services, and use LIHEAP to administer assistance.
It also directs States that receive assistance grants to enter into agreements with POTWs, municipalities, and nonprofits to identify low-income
households, and require service providers to reconnect water services if disconnected. #OCSAN
Bill Number
HR 516
Last Action
Introduced In House 2021 01 28
Status
In House
Position
None
Priority
None
Organizational Notes
Last edited by Sarah Sapirstein at Feb 23, 2021, 7:40 PM
Directs interagency collaboration with EJ stakeholders to create and authorize funding for a system that comprehensively identifies demographic
factors, environmental burdens, socioeconomic conditions and public health concerns. The data collected would be used to build layered maps
that depict what communities experience environmental injustices. The bill supports the initiative from the Biden Administration to direct 40% of
federal investments towards EJ communities. #OCSAN
Title
Environmental Justice Mapping and Data Collection Act of 2021
Primary Sponsors
Ed Markey
Bill Summary: Last edited by Sarah Sapirstein at Feb 23, 2021, 6:22 PM
Creates and authorizes funding for a system that comprehensively
identifies demographic factors, environmental burdens, socioeconomic
conditions and public health concerns. Data collected would be used to
build layered maps that depict what communities experience
environmental injustices.
Introduction Date: 2021-01-28
Title
A resolution expressing the sense of the Senate that clean water is
a national priority and that the April 21, 2020, Navigable Waters
Protection Rule should not be withdrawn or vacated.
Primary Sponsors
Joni Ernst
Introduction Date: 2021-01-27
Title
Local Water Protection Act
Primary Sponsors
Amy Klobuchar
Bill Summary: Last edited by Sarah Sapirstein at Feb 16, 2021, 3:35 PM
Reauthorizes U.S. Environmental Protection Agency (USEPA) grant
program that provides funding to states to develop and implement
programs that manage nonpoint source pollution or pollution diffusing
from runoffs from farms, managed forests and urban areas. The
legislation would reauthorize USEPA's grant program at $200 million
annually.
Introduction Date: 2021-01-22
Bill Number
S 101
Last Action
Introduced In Senate 2021 01 28
Status
In Senate
Position
None
Priority
None
Organizational Notes
Last edited by Sarah Sapirstein at Feb 23, 2021, 7:38 PM
S. 101 would direct interagency collaboration with EJ stakeholders to create and authorize funding for a system that comprehensively identifies
demographic factors, environmental burdens, socioeconomic conditions and public health concerns. The data collected would be used to build
layered maps that depict what communities experience environmental injustices. The bill supports the initiative from the Biden Administration to
direct 40% of federal investments towards EJ communities. #OCSAN
Bill Number
SRES 17
Last Action
Introduced In Senate 2021 01 27
Status
In Senate
Position
None
Priority
None
Bill Number
S 29
Last Action
Read Twice And Referred To The Committee
On Environment And Public Works 2021 01 22
Status
In Senate
Position
None
Priority
None
Organizational Notes
Last edited by Sarah Sapirstein at Feb 16, 2021, 3:35 PM
S. 29 reauthorizes U.S. Environmental Protection Agency (USEPA) grant program that provides funding to states to develop and implement
programs that manage nonpoint source pollution or pollution diffusing from runoffs from farms, managed forests and urban areas. The
legislation would reauthorize USEPA's grant program at $200 million annually and give local and state governments flexibility to make
conservation improvements that decrease water pollutants through partnerships with impacted communities. #OCSAN
M E M O R A N D U M
To: Orange County Sanitation District
From: Townsend Public Affairs
Date: February 16, 2021
Subject: Monthly Legislative Report
State Legislative Update
In February, attention in Sacramento has been solely focused on introducing legislation before
the deadline on February 19.
Since the Legislature was sworn in on December 7, there have been approximately 1,200 bills
introduced. Several hundred of these bills are empty budget trailer bills or spot bills that do not
have substantive language in them. It is expected that the number of bills introduced will increase
to approximately 2,700 before the bill introduction deadline on February 19. Once bills have been
introduced, they must sit for 30 days before they can be acted on.
The Legislature will move in the next few months to hold policy committee hearings on legislative
proposals as well as budget subcommittees to consider the Newsom Administration’s January
Budget.
Below are the upcoming relevant dates for the Legislature:
February 19 – Bill introduction deadline
March 25 – Spring Recess begins upon adjournment
Governor’s COVID-19 Action Summary
Below is a summary of the major COVID-19 actions taken by the State Administration in January:
• February 3 – Community Vaccination Sites: Governor Newsom announced a pilot
project partnership with the Biden Administration to open mass vaccination sites at the
Oakland-Alameda Coliseum and California State University, Los Angeles. The site will be
co-run by FEMA and CalOES. These two locations were chosen because of their proximity
to diverse and socioeconomically challenges communities.
• January 27 – Executive Order: Governor Newsom signed an executive order (N-02-21)
that will attempt to bolster the State’s efforts to vaccinate as many Californians as possible
as quickly as possible. The executive order reconfirms laws that grant health professionals
and providers legal liability when responding to state and local emergencies, which is
expected to increase the number of individuals administering vaccines.
2
• January 25 – Improvements to Vaccine Plan: Governor Newsom announced a series
of improvements to the State’s vaccination plan. The new steps in the plan will make it
easier for people to know when they are eligible for vaccination and how to make an
appointment, accelerate the administration of vaccines on hand and improve the State’s
ability to track vaccination data.
• January 21 – Executive Order: Governor Newsom signed an executive order in
response to the COVID-19 pandemic, extending the validity of medical cannabis
identification cards that would otherwise have expired.
Priority Legislation
Although the legislative session just began, there are a few bills already introduced that TPA has
preliminarily identified as priority bills for the District:
AB 59 (Gabriel) - Mitigation Fee Act: fees: notice and timelines
AB 59 would repeal Section 66022 of the Government Code, which establishes the 120-day
statute of limitations for legal challenges to new or increased connection fees or capacity charges.
Under current law, any legal challenges for water and sewer connection fee or capacity charge
must be commenced within 120 days after a water or sewer agencies adopts or amends a fee.
This bill would change the statute of limitations to begin once the agency actually charges the fee
to the ratepayer.
AB 59 would also require local agencies that collect fees in excess of the amount needed to
provide their specific services to reimburse the ratepayer for that amount as opposed to re-
investing that excess into reducing rates.
AB 59 has been double referred to the Assembly Local Government Committee and the Assembly
Housing and Community Development Committee.
AB 377 (Rivas) – Water quality: impaired waters
AB 377 would require that by 2050, all surface waters in California be suitable for drinking,
swimming, and fishing. Would change enforcement protocols at the SWRCB to make NPDES
permits more stringent and would prevent the SWRCB from authorizing NPDES permits that are
weaker than previous permits, or that would provide for an exceedance of water quality standards.
AB 377 also provides additional enforcement requirements for NPDES permit holders and
regional board compliance. AB 377 does not include a funding source for the excess requirements
and lacks clarity for definitions of enforcement.
AB 377 has been referred to the Assembly Environmental Safety and Toxic Materials Committee
and has not yet been assigned a hearing date.
SB 45 (Portantino) – Wildfire Prevention, Safe Drinking Water, Drought Preparation, and Flood
Protection Bond Act of 2022
SB 45 would establish a $5.5 billion general obligation bond that would appear on the November
2022 ballot. SB 45 would provide funding for a wide variety of natural resources and climate
resilient projects including: wildfire prevention, safe drinking water and water quality, protecting
fish, wildlife, and agriculture from Climate risks, and protecting coastal resources.
3
SB 45 is a re-introduction of SB 45 (Allen, 2018). This proposal and conversations around a
climate focused bond were put on hold largely due to the COVID-19 pandemic. It is important to
note that Governor Newsom’s January budget request did not include a climate/natural resources
bond.
OC San
State
Bills of Interest
BILL AUTHOR SUMMARY LATEST ACTION OCSD
POSITION LEGISLATIVE PLAN OTHER
POSITIONS
AB 59 Gabriel [D]This bill would increase, for fees and service charges and for fees for
specified public facilities, the time for mailing the notice of the time and
place of the meeting to at least 45 days before the meeting. This bill
would also require that all fees collected in excess of the cost of the
service provided be refunded to the ratepayer. This bill would also
change the statute of limitations for protests filed for disputes of rates,
potentially allowing rate disputes to be filed months or years after
adoption.
Referred to the
Assembly Local
Government Committee
and the Assembly
Housing and Community
Development
Committee
Watch Legislative and Regulatory
Policies: Special Districts -
Oppose further state
regulations that adversely
impact special district
financing, operations, and
administration.
ACC-OC - NYC
LOCC - NYC
CASA - NYC
CSDA - NYC
ACWA - NYC
AB 339 Lee [D]Current law requires all meetings, as defined, of a house of the
Legislature or a committee thereof to be open and public, and requires
all persons to be permitted to attend the meetings, except as specified.
This bill would require all meetings, including gatherings using
teleconference technology, to include an opportunity for all persons to
attend via a call-in option or an internet-based service option that
provides closed captioning services and requires both a call-in and an
internet-based service option to be provided to the public. Would also
require additional translation services for written material and public
comment if the language is spoken by 5% of the jurisdiction's population.
Introduced Watch Legislative and Regulatory
Policies: Special Districts -
Oppose further state
regulations that adversely
impact special district
financing, operations, and
administration.
ACC-OC - NYC
LOCC - NYC
CASA - NYC
CSDA - NYC
ACWA - NYC
AB 361 Rivas [D]Would authorize a local agency to use teleconferencing without
complying with the teleconferencing requirements imposed by the Ralph
M. Brown Act when a legislative body of a local agency holds a meeting
for the purpose of declaring or ratifying a local emergency, during a
declared state or local emergency, as those terms are defined, when
state or local health officials have imposed or recommended measures
to promote social distancing, and during a declared local emergency
provided the legislative body makes certain determinations by majority
vote.
Referred to the
Assembly Local
Government Committee
Watch Legislative and Regulatory
Policies: Special Districts -
Oppose further state
regulations that adversely
impact special district
financing, operations, and
administration.
ACC-OC - NYC
LOCC - NYC
CASA - NYC
CSDA - Sponsor
ACWA - NYC
AB 377 Rivas [D]Would require all California surface waters to be fishable, swimmable,
and drinkable by January 1, 2050, as prescribed. The bill would prohibit
the state board and regional boards from authorizing an NPDES
discharge, waste discharge requirement, or waiver of a waste discharge
requirement that causes or contributes to an exceedance of a water
quality standard, or from authorizing a best management practice permit
term to authorize a discharge that causes or contributes to an
exceedance of a water quality standard in receiving waters. The bill
would prohibit, on or after January 1, 2030, a regional water quality
control plan from including a schedule for implementation for achieving a
water quality standard that was adopted as of January 1, 2021, and
would prohibit a regional water quality control plan from including a
schedule for implementation of a water quality standard that is adopted
after January 1, 2021, unless specified conditions are met.
Referred to the
Assembly
Environmental Safety
and Toxic Materials
Committee
Watch Guiding Principles: Oppose
redundant regulatory and
legislative requirements that
cause undue constraints on
efficient operations
ACC-OC - NYC
LOCC - NYC
CASA - Oppose
CSDA - NYC
ACWA - Concerns
Proposed Legislation 2021-2022
High Priority
OC San
State
Bills of Interest
BILL AUTHOR SUMMARY LATEST ACTION OCSD
POSITION LEGISLATIVE PLAN OTHER
POSITIONS
AB 818 Bloom [D]Would require, except as provided, certain premoistened nonwoven
disposable wipes manufactured on or after July 1, 2022, to be labeled
clearly and conspicuously with the phrase “Do Not Flush” and a related
symbol, as specified. The bill would prohibit a covered entity, as defined,
from making a representation about the flushable attributes, benefits,
performance, or efficacy of those premoistened nonwoven disposable
wipes, as provided. The bill would establish enforcement provisions,
including authorizing a civil penalty not to exceed $2,500 per day, up to a
maximum of $100,000 per violation, to be imposed on a covered entity
who violates those provisions.
Introduced Watch Legislative and Regulatory
Policies: Source Control -
Support legislation that
regulates the disposal of
flushable wipes.
ACC-OC - NYC
LOCC - NYC
CASA - Sponsor
CSDA - NYC
ACWA - NYC
SB 45 Portantino [D]Would enact the Wildfire Prevention, Safe Drinking Water, Drought
Preparation, and Flood Protection Bond Act of 2022, which, if approved
by the voters, would authorize the issuance of bonds in the amount of
$5,510,000,000 pursuant to the State General Obligation Bond Law to
finance projects for a wildfire prevention, safe drinking water, drought
preparation, and flood protection program. Includes $100 million.
Referred to the Senate
Natural Resources and
Water Committee and
the Senate Governance
and Finance Committee
Watch Guiding Principles: Seek
funds for OCSD projects
through grants,
appropriations, or other
means
ACC-OC - NYC
LOCC - NYC
CASA - NYC
CSDA - NYC
ACWA - NYC
SB 230 Portantino [D]Would require the State Water Resources Control Board to establish,
maintain, and direct an ongoing, dedicated program called the
Constituents of Emerging Concern Program to assess the state of
information and recommend areas for further study on, among other
things, the occurrence of constituents of emerging concern (CEC) in
drinking water sources and treated drinking water. The bill would require
the state board to convene, by an unspecified date, the Science Advisory
Panel to review and provide recommendations to the state board on
CEC for further action, among other duties. The bill would require the
state board to provide an annual report to the Legislature on the ongoing
work conducted by the panel.
Referred to the Senate
Environmental Quality
Committee
Watch State Priorities: Monitor
state legislation as well as
State Water Resources
Control Board (SWRCB)
regulatory activity related to
PFAS.
ACC-OC - NYC
LOCC - NYC
CASA - NYC
CSDA - NYC
ACWA - NYC
SB 273 Hertzberg [D]SB 273 would authorize municipal wastewater agencies to enter into
voluntary agreements with entities responsible for stormwater
management – including municipal, industrial, and commercial
stormwater dischargers – to more effectively manage stormwater and dry
weather runoff.
Referred to the 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.
ACC-OC - NYC
LOCC - NYC
CASA - Co-
sponsor
CSDA - Watch
ACWA - Favor
OC San
State
Bills of Interest
BILL AUTHOR SUMMARY LATEST ACTION OCSD
POSITION LEGISLATIVE PLAN OTHER
POSITIONS
SB 274 Wieckowski [D]The Ralph M. Brown Act, requires meetings of the legislative body of a
local agency to be open and public and also requires regular and special
meetings of the legislative body to be held within the boundaries of the
territory over which the local agency exercises jurisdiction, with specified
exceptions. Current law authorizes a person to request that a copy of an
agenda, or a copy of all the documents constituting the agenda packet,
of any meeting of a legislative body be mailed to that person. This bill
would require a local agency with an internet website, or its designee, to
email a copy of, or website link to, the agenda or a copy of all the
documents constituting the agenda packet if the person requests that the
items be delivered by email. If a local agency determines it to be
technologically infeasible to send a copy of the documents or a link to a
website that contains the documents by mail or by other electronic
means, the bill would require the legislative body or its designee to send
by mail a copy of the agenda or a website link to the agenda and to mail
a copy of all other documents constituting the agenda packet, as
specified.
Referred to the 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.
ACC-OC - NYC
LOCC - NYC
CASA - NYC
CSDA - NYC
ACWA - 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
ACWA - Association of California Water Agencies
CSDA - California Special Districts Association
OCSD's Grant and Loan Funding Tracker 2021-2022
Name of Grant/Loan Synopsis of Grant/Loan Amount of Grant/Loan Amount
Applying for Applying Y/N Project/Program Reason Match Deadline Category Rcvd Grant/
Financing Y/N
Organics Grant Program
The Organics Grant Program is part of California Climate Investments, a statewide
program that puts billions of cap-and-trade dollars to work reducing greenhouse gas
emissions, strengthening the economy, and improving public health and the
environment - particularly in disadvantaged and/or low-income communities. The Cap-
and-Trade program also creates a financial incentive for industries to invest in clean
technologies and develop innovative ways to reduce pollution. California Climate
Investments projects include affordable housing, renewable energy, public
transportation, zero-emission vehicles, environmental restoration, more sustainable
agriculture, recycling, and much more. At least 35 percent of these investments are
made in disadvantaged and low-income communities.
Application materials for FY 2020–21 will
tentatively be available summer 2020.TBD Yes
Food-Waste Co-Digestion facility
at Plant No.2 in Huntington
Beach to accept up to 150 wet
tons per day (wtpd) of pre-
processed source separated
organics.
We will review the possible funding
opportunity to determine if it is a fit for
the Sanitation District.
TBD TBD Energy/Recycling No
CalOES Grant- Community Power
Resiliency Allocation to Special
Districts Program
The purpose of the Community Power Resiliency Allocation to Special Districts
Program is to support California special districts with additional preparedness
measures in response to power outage events. Of the $50 million overall appropriation
for Community Power Resiliency funding, $20 million has been reserved for special
district needs.
$300,000 $300,000 No Portable Generators We did not meet the requirements of
the grant.NA 10/30/2020 Renewable energy No
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
TBD NA No NA
TPA and OCSD are monitoring the
grant program development from the
Santa Ana Watershed Project Authority
(SAWPA). Currently, Round 2 has yet
to be announced. TPA and OCSD will
continue to watch this and other
matches.
50%NA. Will return in 2021
for Round 2 Water No
The Water Infrastructure Improvements
Act (WIIN)
The Title XVI Water Reclamation and Reuse Projects funding opportunity allows for
sponsors of water reclamation and reuse projects that are congressionally authorized
or are eligible under section 4009(c) of the WIIN Act to request cost-shared funding for
planning, design and/or construction of those Projects. Water reclamation and reuse
projects provide improved efficiency, flexibility during water shortages and diversifies
the water supply.
Reclamation is making up to $20 million
available for those projects authorized under the
WIIN Act.
$20 million Pending FOA Final Expansion of GWRS
Headworks (P2-122)
The Sanitation District developed a
proposal for last year that could be
used as a basis for a new submittal.
$20mm or 25% of
project costs
whichever is less.
6/28/2019 Water/ Infrastructure Pending FOA
FEMA Funding
The President’s Memo changed the federal reimbursement amount for previously
approved projects from the beginning of the disaster to January 20, 2021. It did not
change the eligibility. All work eligible under FEMA’s existing COVID-19 policies,
including increasing medical capacity, non-congregate sheltering, and emergency
feeding distribution will be reimbursed at 100 percent federal share. For projects that
have already been approved, FEMA will amend the existing awards to adjust the
federal funding amounts. No action will be required by the applicants.
TBD $260,000 (at this
time)Yes COVID - 19 Funding We are working with the local agency
CAL OES on the funding eligibility.N/A TBD Infrastructure TBD
STATE
FEDERAL
Updated 2/18/2021
OCSD's Grant and Loan Funding Tracker 2021-2022
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
WaterSMART Grants: Small-Scale
Water Efficiency Projects
Purpose: To support projects that conserve and use water more efficiently; mitigate
conflict risk in areas at a high risk of future water conflict; and accomplish other
benefits that contribute to water supply reliability in the western United States.
Total Funding Available: $3 million NA No-not qualified Project Request - Planning Study
Plant and Reclaimed Water
They do not fund studies within the
parameters of the grant.
Cost-Share: 50% or
more of total project
costs.
3/15/2021 Water/ Infrastructure No
Stormwater and CSO Grant Program In addition, the President’s directive allows FEMA to expand the activities eligible for
reimbursement for work conducted after Jan. 21, 2021 and until Sept. 30, 2021. Funding cost-share is not identified in the law TBD TBD. We will monitor for possible
funding opportunities/A TBD FY 2020 - $28 million Yes Anticipate by July 2020 Water/ Infrastructure
USEPA published
allocation formula
with deadline for
public comments
9/3/2020. Expect
formal allocation to
State within next two
months.
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.
Through the WaterSmart program, USBR will
issue solicitations for innovative approaches to
managing water and water treatment through
technology and processes for FY 2020 - $60
million
TBD TBD. We will monitor for possible
funding opportunities
Project Funding Opportunity:
Energy production to reduce
costs of recycled water through
innovative technologies.
Innovative water monitoring
technology that can produce
efficient real time monitoring and
data analysis, Biogas
Management and Use
Improvements.
We will review the possible funding
opportunity to determine if it is a fit for
the Sanitation District.
N/A TBD Energy/Water/Infrastructure TBD
USEPA Climate Resiliency TBD TBD TBD
Anticipate that USEPA will issue
FOA's to promote studies and
plans to address resiliency
needs and strategies
We will review the possible funding
opportunity to determine if it is a fit for
the Sanitation District.
Unclear TBD Climate TBD
Community Partnering Program Grant Metropolitan Water District
The primary focus of the Community Partnering
Program (CPP) is sponsorship of water
conservation and water-use efficiency programs
and activities. Applications must be submitted
30 days prior to the start date of the event or
program.
Requests for a maximum $2,000 award will be
reviewed year-round and funds are awarded
throughout the year. Funds are limited,
however, and may be depleted prior to the
ending of this fiscal year (June 30).
$2,000 Yes For Plant No. 1 Signage Applied Match ongoing Education Yes
Mass Timber Competition CalGovOps
The California Government Operations Agency
(GovOps) will award $500,000 in grants as part
of the statewide California Mass Timber
Building Competition. Grants will be awarded to
selected proponent teams presenting viable and
repeatable mass timber solutions for
commercial and multi-family projects in
California. The competition is being hosted by
GovOps and administered by WoodWorks –
Wood Products Council.
$40,000 Yes Headquarters Building Applied No 03/18/19 Environment Yes
Other
Updated 2/18/2021
LEGISLATIVE AND PUBLIC AFFAIRS
COMMITTEE
Agenda Report
Administration Building
10844 Ellis Avenue
Fountain Valley, CA 92708
(714) 593-7433
File #:2021-1508 Agenda Date:3/8/2021 Agenda Item No:3.
FROM:James D. Herberg, General Manager
SUBJECT:
PUBLIC AFFAIRS UPDATE FOR THE MONTH OF FEBRUARY 2021
GENERAL MANAGER'S RECOMMENDATION
RECOMMENDATION: Recommend to the Board of Directors to:
Receive and file the Public Affairs Update for the month of February 2021.
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
The Orange County Sanitation District (Sanitation District)is well-recognized within the
water/wastewater industry;however,as a regional provider without direct access to our customers
there is opportunity to always expand knowledge or awareness within our service area of the
important work we do to protect public health and the environment and the part they can have to
protect our sewer lines,our treatment plants,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 direct mailings,we have the ability to educate the
community,local agencies,and businesses on our messaging such as the What2Flush program,
energy production,water recycling,biosolids,and our source control program.This,in turn,helps
improve the quality of wastewater that is recycled or released to the ocean.
Orange County Sanitation District Printed on 3/1/2021Page 1 of 2
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File #:2021-1508 Agenda Date:3/8/2021 Agenda Item No:3.
RAMIFICATIONS OF NOT TAKING ACTION
If we do not actively communicate with the community,local agencies,and area businesses about
the Sanitation District, we may not have the support necessary to deliver our mission.
ADDITIONAL INFORMATION
Activities for the month of February 2021:
Virtual Tours
Due to the COVID-19 pandemic,our in-person Plant tours are temporarily suspended.To continue
engaging with the community and our stakeholders,staff conducts virtual tours of the Plant which has
allowed participants an opportunity to remotely visit the Sanitation District and learn how we protect
public health and the environment.For this reporting period,we held 5 virtual tours reaching
approximately 130 people.
Presentations
The State College Sewer Construction project team participated in a virtual community meeting for
the City of Anaheim to provide a project update.Additionally,staff presented on media relations at
the Association of California Cities of Orange County’s Public Policy Academy with a general
overview of the Sanitation District and the various career options at a virtual career day.
Board Orientation
Staff prepared a virtual Board Orientation and tour to welcome the new Sanitation District Directors
and Alternate Directors.
Awards
The Santa Ana River Basin Section,the local section of the California Water Environment
Association,recognized those who are making waves in the wastewater industry.The Sanitation
District received the following awards:
·Michael Huls, Lead Plant Operator, was awarded the Plant Operator of the Year
·Steve Grande, Lead Mechanic, was awarded the Collections System Person of the Year
·Collection System of the Year- 200-500 miles
·Gimmicks and Gadgets- Alkaline Enhanced Iron Odor Control
ATTACHMENTS
The following attachment(s)may be viewed on-line at the OC San website (www.ocsan.gov)with the complete agenda
package:
·Outreach and Media Summary Report January - February 2021
Orange County Sanitation District Printed on 3/1/2021Page 2 of 2
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Outreach and Media
Summary
January - February 2021
O C SAN P u b l i c A f f a i r s O f f i c e
Table of Contents
OUTREACH REPORT…………………………………………………………PAGE 1
FACEBOOK POSTINGS ……………………………………………...............PAGE 2
TWITTER POSTINGS …………………………………………………………PAGE 7
INSTAGRAM POSTINGS………………………………………………………PAGE 9
Outreach Report February 2021
Date Tours Attendees Tour Guide
2/8/2021 Oak Park High School Virtual Tour 32 Mike Zedek
2/10/2021 Oak Park High School Virtual Tour 33 Mike Zedek
2/16/2021 El Modena High School Virtual Tour 21 Sam Choi
2/18/2021 New Board Member Virtual Tour 40 EMT
2/25/22021 CSUF Nursing Class Virtual Tour 15* Cortney Light
Date Speaking Engagements Attendees Presenter
2/2/2021 Career Fair Presentation 173 Kevin Escobar
2/12/2021 ACC- OC Presentation 20 Rebecca Long
2/24/2021 Anaheim District 5 Presentation 30* Daisy Covarrubias
*These events have not occurred at time of
this report, therefore # of attendees is
estimated.
Project Area Construction Outreach Notifications # of People
Reached
Website Posts and
Text Alerts
Anaheim 3 notifications 8300 3 website posts /
3 text alerts
Westminster 1 notification 260 2 website posts /
1 text alerts External
Communications Distribution # of People
Reached
Board Member
Talking Points One 25
Member
Outreach Toolkit One 25
Website Posts 2 posts 17 views
Facebook 27 posts 2.8k people
Twitter 21 tweets 11.4k people
Instagram 24 posts 1k people
1
Facebook Posts
Jan- Feb 2021
2
3
4
Graphs of Page Likes, Post Reach and Total Views for January- February 2021
5
6
Twitter Posts
Jan- Feb 2021
7
8
Instagram Posts
Jan- Feb 2021
9
10
LEGISLATIVE AND PUBLIC AFFAIRS
COMMITTEE
Agenda Report
Administration Building
10844 Ellis Avenue
Fountain Valley, CA 92708
(714) 593-7433
File #:2021-1515 Agenda Date:3/8/2021 Agenda Item No:4.
FROM:James D. Herberg, General Manager
SUBJECT:
LETTER OF SUPPORT FOR THE SOLID WASTE:PREMOISTENED NONWOVEN DISPOSABLE
WIPES BILL AB 1818
GENERAL MANAGER'S RECOMMENDATION
RECOMMENDATION:
Approve the Letter of Support for the solid waste: premoistened nonwoven disposable wipes Bill AB
818.
BACKGROUND
In the 2019 -2020 legislative session,Assembly Member Bloom introduced Assembly Bill AB (AB)
1672,which would require specific labeling of nonwoven disposable wipes manufactured on or after
January 1,2022.The Orange County Sanitation District (Sanitation District)supported AB 1672 by
Assembly Member Bloom.Additionally,this Bill was widely accepted by fellow agencies and
associations including the bill sponsor,the California Association of Sanitation Agencies (CASA).
Unfortunately,the Bill did not pass.Earlier this year,Assembly Member Bloom introduced AB 818,
which is a reintroduction of AB 1672.The Bill is co-sponsored by CASA,the National Stewardship
Action Council,and the Association of the Nonwoven Fabrics Industry;and requires “Do Not Flush”
symbols and phrases on all diaper wipes,personal care wipes,and household cleaning wipes that
are made with plastic fibers.
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 proper support of this Bill,it could fail,allowing non-flushable wipes to be inappropriately
disposed of which could cause sanitary sewer overflows.
Orange County Sanitation District Printed on 3/1/2021Page 1 of 2
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File #:2021-1515 Agenda Date:3/8/2021 Agenda Item No:4.
PROPOSED SOLUTION
Staff has drafted a letter of support for AB 818.
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 taken into consideration.
RAMIFICATIONS OF NOT TAKING ACTION
If we do not support this bill it could fail.
ADDITIONAL INFORMATION
N/A
FINANCIAL CONSIDERATIONS
N/A
ATTACHMENT
The following attachment(s)may be viewed on-line at the OC San website (www.ocsan.com)with the complete agenda
package:
·Letter of Support for AB 818
·AB 818 Bill Text
Orange County Sanitation District Printed on 3/1/2021Page 2 of 2
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March 8, 2021
The Honorable Richard Bloom
California State Assembly
State Capitol, Room 2003
Sacramento, CA 95814
RE: Orange County Sanitation District Support for Assembly Bill 818 (Bloom)
Dear Assembly Member Bloom:
The Orange County Sanitation District (OC San) is pleased to support AB 818 (Bloom).
OC San provides wastewater collection, treatment, and recycling for approximately 2.6
million people in central and northwest Orange County, CA. OC San’s primary mission
is to protect public health and the environment through its services. AB 818 is the
culmination of several years of stakeholder involvement and industry negotiations that
will encourage pollution prevention through clear and consistent consumer information.
AB 818 would establish labeling requirements for wet wipes packaging so that
Californians will know how to properly dispose of these popular consumer products. In
recent years, wet wipes have become widely available as they’re designed for a variety
of daily household purposes. Despite voluntary industry labeling guidelines, proper
disposal information is inconsistent on wipes product labels, and some wipes are
advertised as “flushable,” which can lead to confusion about what products can be
flushed down the toilet and which are instead intended for the trashcan.
Many wet wipes are made from plastic which makes them not compatible with sewer
systems and infrastructure. Improperly flushing these incredibly durable products results
in their getting caught in pipes or accumulating with fats, oils, and grease and becoming
larger obstructions that cause costly backups and sometimes result in raw sewage
overflows. Further down the sewer line, wipes tend to weave together and create giant
rags which get stuck in pump systems and motors and damage expensive public
infrastructure. Additionally, environmental harm can come from flushing wipes since
they shed microplastics into the wastewater system that can ultimately be discharged to
the aquatic environment.
AB 818 would ensure wet wipes packaging clearly communicates the appropriate
disposal method for the products not intended to be flushed, and further requires wipes
manufacturers to conduct education and outreach about the “Do Not Flush” symbol and
label notice. This straightforward bill has been mutually agreed to by the wipes
manufacturers and wastewater and product stewardship representatives. If enacted, it
will establish the strongest wet wipe labeling requirements in the country.
Page 2
For these reasons, the Orange County Sanitation District is pleased to support AB 818. Please
do not hesitate to contact Jennifer Cabral, Administration Manager at (714) 593-7581 or via
email at JCabral@ocsd.com should you have any questions.
Sincerely,
David John Shawver
Board Chairman
cc:
Jessica Gauger, California Association of Sanitation Agencies(jgauger@casaweb.org)
Orange County Legislative Delegation
Orange County Sanitation District Board of Directors
california legislature—2021–22 regular session
ASSEMBLY BILL No. 818
Introduced by Assembly Member Bloom
February 16, 2021
An act to add Part 9 (commencing with Section 49650) to Division
30 of, and to repeal Section 49652 of, the Public Resources Code,
relating to solid waste.
legislative counsel’s digest
AB 818, as introduced, Bloom. Solid waste: premoistened nonwoven
disposable wipes.
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 require, except as provided, certain premoistened
nonwoven disposable wipes manufactured on or after July 1, 2022, to
be labeled clearly and conspicuously with the phrase “Do Not Flush”
and a related symbol, as specified. The bill would prohibit a covered
entity, as defined, from making a representation about the flushable
attributes, benefits, performance, or efficacy of those premoistened
nonwoven disposable wipes, as provided. The bill would establish
enforcement provisions, including authorizing a civil penalty not to
exceed $2,500 per day, up to a maximum of $100,000 per violation, to
be imposed on a covered entity who violates those provisions.
The bill would establish, until January 1, 2027, the California
Consumer Education and Outreach Program, under which covered
entities would be required, among other things, to participate in a
collection study conducted in collaboration with wastewater agencies
99
for the purpose of gaining understanding of consumer behavior regarding
the flushing of premoistened nonwoven disposable wipes and to conduct
a comprehensive multimedia education and outreach program in the
state. The bill would require covered entities to annually report to
specified legislative committees and the State Water Resources Control
Board on their activities under the program and would require the state
board to post the reports on its internet website.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
The people of the State of California do enact as follows:
line 1 SECTION 1. It is the intent of the Legislature in enacting this
line 2 act to create labeling requirements for premoistened nonwoven
line 3 disposable wipes that will enable consumers to easily identify
line 4 which premoistened nonwoven disposable wipes are composed of
line 5 petrochemical-derived fibers and therefore are not safe to dispose
line 6 of using sanitary sewer systems, in order to protect public health,
line 7 the environment, water quality, and public infrastructure used for
line 8 the collection, transport, and treatment of wastewater.
line 9 SEC. 2. Part 9 (commencing with Section 49650) is added to
line 10 Division 30 of the Public Resources Code, to read:
line 11
line 12 PART 9. PREMOISTENED NONWOVEN DISPOSABLE
line 13 WIPES
line 14
line 15 49650. For purposes of this part, the following definitions
line 16 apply:
line 17 (a) “Covered entity” means the manufacturer of a covered
line 18 product that is sold in the state or offered for sale in the state.
line 19 “Covered entity” includes a wholesaler, supplier, or retailer that
line 20 is responsible for the labeling or packaging of a covered product.
line 21 (b) “Covered product” means a consumer product sold in the
line 22 state or offered for sale in the state that is either of the following:
line 23 (1) A premoistened nonwoven disposable wipe marketed as a
line 24 baby wipe or diapering wipe.
line 25 (2) A premoistened nonwoven disposable wipe that is both of
line 26 the following:
line 27 (A) Composed entirely of or in part of petrochemical-derived
line 28 fibers.
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— 2 — AB 818
line 1 (B) Likely to be used in a bathroom and has significant potential
line 2 to be flushed, including baby wipes, bathroom cleaning wipes,
line 3 toilet cleaning wipes, hard surface cleaning wipes, disinfecting
line 4 wipes, hand sanitizing wipes, antibacterial wipes, facial and
line 5 makeup removal wipes, general purpose cleaning wipes, personal
line 6 care wipes for use on the body, feminine hygiene wipes, adult
line 7 incontinence wipes, adult hygiene wipes, and body cleansing wipes.
line 8 (c) “High contrast” means satisfying both of the following
line 9 conditions:
line 10 (1) Is provided by either a light symbol on a solid dark
line 11 background or a dark symbol on a solid light background.
line 12 (2) Has at least 70 percent contrast between the symbol artwork
line 13 and background using the following formula:
line 14 (A) (B1 – B2) / B1 * 100 = contrast percentage.
line 15 (B) B1 = the light reflectance value of the lighter area and B2
line 16 = the light reflectance value of the darker area.
line 17 (d) (1) “Label notice” means the phrase “Do Not Flush” and
line 18 the size of the label notice shall be equal to at least 2 percent of
line 19 the surface area of the principal display panel in size.
line 20 (2) For covered products regulated pursuant to the Federal
line 21 Hazardous Substances Act (15 U.S.C. Sec. 1261 et seq.) by the
line 22 United States Consumer Product Safety Commission under Section
line 23 1500.121 of Title 16 of the Code of Federal Regulations, if the
line 24 label notice requirements in paragraph (1) would result in a type
line 25 size larger than first aid instructions pursuant to the Federal
line 26 Hazardous Substances Act, then the type size for the label notice
line 27 shall, to the extent permitted by federal law, be equal to or greater
line 28 than the type size required for the first aid instructions.
line 29 (3) For covered products required to be registered by the United
line 30 States Environmental Protection Agency under the Federal
line 31 Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. Sec. 136 et
line 32 seq.), if the label notice requirements in paragraph (1) would result
line 33 in a type size on the principal display panel larger than a warning
line 34 pursuant to the Federal Insecticide, Fungicide, and Rodenticide
line 35 Act, then the type size for the label notice shall, to the extent
line 36 permitted by federal law, be equal to or greater than the type size
line 37 required for the “keep out of reach of children” statement under
line 38 the Federal Insecticide, Fungicide, and Rodenticide Act.
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AB 818 — 3 —
line 1 (e) (1) “Principal display panel” means the side of the product
line 2 package that is most likely to be displayed, presented, or shown
line 3 under customary conditions of display for retail sale.
line 4 (2) In the case of a cylindrical or nearly cylindrical package,
line 5 the surface area of the principal display panel constitutes 40 percent
line 6 of the product package as measured by multiplying the height of
line 7 the container by the circumference.
line 8 (3) In the case of a flexible film package in which a rectangular
line 9 prism or nearly rectangular prism stack of wipes is housed within
line 10 the film, the surface area of the principal display panel is measured
line 11 by multiplying the length by the width of the side of the package
line 12 when the flexible packaging film is pressed flat against the stack
line 13 of wipes on all sides of the stack.
line 14 (f) “Symbol” means the “Do Not Flush” symbol, or a gender
line 15 equivalent thereof, as depicted in the INDA/EDANA Code of
line 16 Practice Second Edition and published within “Guidelines for
line 17 Assessing the Flushability of Disposable Nonwoven Products,”
line 18 Edition 4, May 2018. The symbol shall be sized equal to at least
line 19 2 percent of the surface area of the principal display panel, except
line 20 as specified in clause (iii) of subparagraph (B) of paragraph (1) of
line 21 subdivision (a) of Section 49651.
line 22 49651. (a) Except as provided in subdivisions (b), (c), (d), and
line 23 (f), a covered product manufactured on or after July 1, 2022, shall
line 24 be labeled clearly and conspicuously in adherence with the
line 25 following labeling requirements:
line 26 (1) In the case of cylindrical or near cylindrical packaging
line 27 intended to dispense individual wipes, a covered entity shall
line 28 comply with one of the following options:
line 29 (A) Place the symbol and label notice on the principal display
line 30 panel in a location reasonably viewable each time a wipe is
line 31 dispensed.
line 32 (B) Place the symbol on the principal display panel, and either
line 33 the symbol or label notice, or the symbol and label notice in
line 34 combination, on the flip lid, subject to the following:
line 35 (i) If the label notice does not appear on the flip lid, the label
line 36 notice shall be placed on the principal display panel.
line 37 (ii) The symbol or label notice, or the symbol and label notice
line 38 in combination, on the flip lid may be embossed, and in that case
line 39 are not required to comply with paragraph (6).
99
— 4 — AB 818
line 1 (iii) The symbol or label notice, or the symbol and label notice
line 2 in combination, on the flip lid shall cover a minimum of 8 percent
line 3 of the surface area of the flip lid.
line 4 (2) In the case of flexible film packaging intended to dispense
line 5 individual wipes, a covered entity shall place the symbol on the
line 6 principal display panel and dispensing side panel and place the
line 7 label notice on either the principal display panel or dispensing side
line 8 panel in a prominent location reasonably visible to the user each
line 9 time a wipe is dispensed. If the principal display panel is on the
line 10 dispensing side of the package, two symbols are not required.
line 11 (3) In the case of refillable tubs or other rigid packaging intended
line 12 to dispense individual wipes and be reused by the consumer for
line 13 that purpose, a covered entity shall place the symbol and label
line 14 notice on the principal display panel in a prominent location
line 15 reasonably visible to the user each time a wipe is dispensed.
line 16 (4) In the case of packaging not intended to dispense individual
line 17 wipes, a covered entity shall place the symbol and label notice on
line 18 the principal display panel in a prominent and reasonably visible
line 19 location.
line 20 (5) A covered entity shall ensure the packaging seams, folds,
line 21 or other package design elements do not obscure the symbol or
line 22 the label notice.
line 23 (6) A covered entity shall ensure the symbol and label notice
line 24 have sufficiently high contrast with the immediate background of
line 25 the packaging to render it likely to be seen and read by the ordinary
line 26 individual under customary conditions of purchase and use.
line 27 (b) For covered products sold in bulk at retail, both the outer
line 28 package visible at retail and the individual packages contained
line 29 within shall comply with the labeling requirements in subdivision
line 30 (a) applicable to the particular packaging types, except the
line 31 following:
line 32 (1) Individual packages contained within the outer package that
line 33 are not intended to dispense individual wipes and contain no retail
line 34 labeling.
line 35 (2) Outer packages that do not obscure the symbol and label
line 36 notice on individual packages contained within.
line 37 (c) If a covered product is provided within the same packaging
line 38 as another consumer product for use in combination with the other
line 39 product, the outside retail packaging of the other consumer product
99
AB 818 — 5 —
line 1 does not need to comply with the labeling requirements of
line 2 subdivision (a).
line 3 (d) If a covered product is provided within the same package
line 4 as another consumer product for use in combination with the other
line 5 product and is in a package smaller than three inches by three
line 6 inches, the covered entity may comply with the requirements of
line 7 subdivision (a) by placing the symbol and label notice in a
line 8 prominent location reasonably visible to the user of the covered
line 9 product.
line 10 (e) A covered entity, directly or through a corporation,
line 11 partnership, subsidiary, division, trade name, or association in
line 12 connection to the manufacturing, labeling, packaging, advertising,
line 13 promotion, offering for sale, sale, or distribution of a covered
line 14 product, shall not make any representation, in any manner,
line 15 expressly or by implication, including through the use of a product
line 16 name, endorsement, depiction, illustration, trademark, or trade
line 17 name, about the flushable attributes, flushable benefits, flushable
line 18 performance, or flushable efficacy of a covered product.
line 19 (f) (1) If a covered product is required to be registered by the
line 20 United States Environmental Protection Agency under the Federal
line 21 Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. Sec. 136 et
line 22 seq.) and the Department of Pesticide Regulation under Division
line 23 6 (commencing with Section 11401) of the Food and Agricultural
line 24 Code, then the covered entity shall submit a label compliant with
line 25 the labeling requirements of subdivision (a) no later than January
line 26 1, 2023, to the United States Environmental Protection Agency,
line 27 and upon its approval, to the Department of Pesticide Regulation.
line 28 (2) If the United States Environmental Protection Agency or
line 29 the Department of Pesticide Regulation does not approve a product
line 30 label that otherwise complies with the labeling requirements of
line 31 subdivision (a), the covered entity shall use a label with as many
line 32 of the requirements of this section as the relevant agency has
line 33 approved.
line 34 (g) A covered entity may include on a covered product words
line 35 or phrases in addition to those required for the label notice if the
line 36 words or phrases are consistent with the purposes of this part.
line 37 49652. (a) The California Consumer Education and Outreach
line 38 Program is hereby established. As part of the program, covered
line 39 entities, in collaboration with other covered entities, shall do all
line 40 of the following:
99
— 6 — AB 818
line 1 (1) Participate in a collection study conducted in collaboration
line 2 with wastewater agencies for the purpose of gaining understanding
line 3 of consumer behavior regarding the flushing of covered products
line 4 as a key input into the design of a consumer education and outreach
line 5 program. The collection study shall be jointly coordinated by the
line 6 California Association of Sanitation Agencies and a group of
line 7 covered entities.
line 8 (2) Conduct a consumer opinion survey to identify baseline
line 9 consumer behavior and awareness regarding the flushing or other
line 10 disposal of covered products.
line 11 (3) Measure effectiveness of the consumer education program
line 12 on consumer awareness of the symbol and label notice and
line 13 consumer attitudes about disposal of covered products by
line 14 conducting a subsequent consumer awareness survey comparing
line 15 the baseline data provided by the 2022 survey with survey data
line 16 from subsequent years. The surveys to determine the effectiveness
line 17 and ongoing success of the consumer education program shall take
line 18 place annually until December 31, 2026.
line 19 (b) Covered entities, either independently or in collaboration
line 20 with other covered entities or other organizations, shall conduct a
line 21 comprehensive multimedia education and outreach program in the
line 22 state. At a minimum, the education and outreach program shall do
line 23 both of the following:
line 24 (1) Promote consumer awareness and understanding of and
line 25 compliance with the symbol and label notice requirements. Covered
line 26 entities shall provide wastewater agencies with the consumer
line 27 education messaging for the symbol and the label notice. The
line 28 wastewater agencies may include the messaging as part of their
line 29 routine communications with customers within their service area.
line 30 (2) Provide education and outreach in Spanish and English.
line 31 (c) Covered entities shall take reasonable steps to ensure that
line 32 they do not promote products outside of the scope of this part as
line 33 part of the education and outreach program.
line 34 (d) Covered entities shall take reasonable steps to ensure that
line 35 their education and outreach program does not conflict with the
line 36 programs of other covered entities or groups of covered entities.
line 37 (e) Covered entities, either independently or in collaboration
line 38 with other covered entities, shall report to the Senate Committee
line 39 on Environmental Quality, the Assembly Committee on
line 40 Environmental Safety and Toxic Materials, and the State Water
99
AB 818 — 7 —
line 1 Resources Control Board on their activities under this section on
line 2 an annual basis. The State Water Resources Control Board shall
line 3 post the reports on its internet website.
line 4 (f) The California Consumer Education and Outreach Program
line 5 shall conclude on December 31, 2026.
line 6 (g) This section shall remain in effect only until January 1, 2027,
line 7 and as of that date is repealed.
line 8 49653. (a) A person who violates Section 49651 may be
line 9 enjoined in any court of competent jurisdiction.
line 10 (b) (1) A covered entity who violates Section 49651 may be
line 11 liable for a civil penalty not to exceed two thousand five hundred
line 12 dollars ($2,500) per day, up to a maximum of one hundred
line 13 thousand dollars ($100,000) for each violation. That civil penalty
line 14 may be assessed and recovered in a civil action brought in any
line 15 court of competent jurisdiction.
line 16 (2) In assessing the amount of a civil penalty for a violation of
line 17 Section 49651, the court shall consider all of the following:
line 18 (A) The nature, circumstances, extent, and gravity of the
line 19 violation.
line 20 (B) The violator’s past and present efforts to prevent, abate, or
line 21 clean up conditions posing a threat to the public health or safety
line 22 or the environment.
line 23 (C) The violator’s ability to pay the proposed penalty.
line 24 (D) The effect that the proposed penalty would have on the
line 25 violator and the community as a whole.
line 26 (E) Whether the violator took good faith measures to comply
line 27 with this part and when these measures were taken.
line 28 (F) The deterrent effect that the imposition of the penalty would
line 29 have on both the violator and the regulated community as a whole.
line 30 (G) Any other factor that justice may require.
line 31 (c) Actions may be brought pursuant to this section by the
line 32 Attorney General in the name of the people of the state, by a district
line 33 attorney, by a city attorney, by a county counsel, or by a city
line 34 prosecutor in a city or city and county having a full-time city
line 35 prosecutor.
line 36 (d) (1) Civil penalties collected pursuant to this section shall
line 37 be paid to the office of the city attorney, county counsel, city
line 38 prosecutor, district attorney, or Attorney General, whichever office
line 39 brought the action.
99
— 8 — AB 818
line 1 (2) Moneys collected by the Attorney General pursuant to this
line 2 subdivision shall be deposited into the Unfair Competition Law
line 3 Fund established pursuant to Section 17206 of the Business and
line 4 Professions Code.
line 5 49654. (a) The provisions of this part are severable. If any
line 6 provision of this part or its application is held invalid, that
line 7 invalidity shall not affect other provisions or applications that can
line 8 be given effect without the invalid provision or application.
line 9 (b) The Legislature finds and declares that this part addresses
line 10 a matter of statewide concern rather than a municipal affair as that
line 11 term is used in Section 5 of Article XI of the California
line 12 Constitution. Therefore, this part applies to all cities, including
line 13 charter cities. This part supersedes and preempts all rules,
line 14 regulations, codes, ordinances, and other laws adopted by a city,
line 15 county, city and county, municipality, or local agency regarding
line 16 the labeling of covered products.
O
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AB 818 — 9 —
ORANGE COUNTY SANITATION DISTRICT
COMMON ACRONYMS
ACWA Association of California
Water Agencies LOS Level Of Service RFP Request For Proposal
APWA American Public Works
Association MGD Million Gallons Per Day RWQCB Regional Water Quality
Control Board
AQMD Air Quality Management
District MOU Memorandum of
Understanding SARFPA Santa Ana River Flood
Protection Agency
ASCE American Society of Civil Engineers NACWA National Association of Clean Water Agencies SARI Santa Ana River Interceptor
BOD Biochemical Oxygen Demand NEPA National Environmental Policy
Act SARWQCB Santa Ana Regional Water
Quality Control Board
CARB California Air Resources
Board NGOs Non-Governmental
Organizations SAWPA Santa Ana Watershed
Project Authority
CASA California Association of
Sanitation Agencies NPDES National Pollutant Discharge
Elimination System SCADA Supervisory Control And
Data Acquisition
CCTV Closed Circuit Television NWRI National Water Research
Institute SCAP
Southern California
Alliance of Publicly Owned Treatment Works
CEQA California Environmental
Quality Act O & M Operations & Maintenance SCAQMD South Coast Air Quality
Management District
CIP Capital Improvement
Program OCCOG Orange County Council of
Governments SOCWA South Orange County
Wastewater Authority
CRWQCB California Regional Water
Quality Control Board OCHCA Orange County Health Care
Agency SRF Clean Water State
Revolving Fund
CWA Clean Water Act OCSD Orange County Sanitation District SSMP Sewer System Management Plan
CWEA California Water Environment Association OCWD Orange County Water District SSO Sanitary Sewer Overflow
EIR Environmental Impact Report OOBS Ocean Outfall Booster Station SWRCB State Water Resources
Control Board
EMT Executive Management Team OSHA Occupational Safety and
Health Administration TDS Total Dissolved Solids
EPA US Environmental Protection Agency PCSA
Professional
Consultant/Construction
Services Agreement
TMDL Total Maximum Daily Load
FOG Fats, Oils, and Grease PDSA Professional Design Services
Agreement TSS Total Suspended Solids
gpd gallons per day PFAS
Per- and Polyfluoroalkyl
Substances WDR Waste Discharge
Requirements
GWRS Groundwater Replenishment
System PFOA Perfluorooctanoic Acid WEF Water Environment
Federation
ICS Incident Command System PFOS Perfluorooctanesulfonic Acid WERF Water Environment & Reuse Foundation
IERP Integrated Emergency
Response Plan POTW Publicly Owned Treatment
Works WIFIA Water Infrastructure
Finance and Innovation Act
JPA Joint Powers Authority ppm parts per million WIIN Water Infrastructure Improvements for the
Nation Act
LAFCO Local Agency Formation
Commission PSA Professional Services
Agreement 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 OCSD 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 GWRS
process and is eliminated using hydrogen peroxide with extra ultra-violet treatment.
NATIONAL BIOSOLIDS PARTNERSHIP (NBP) – An alliance of the NACWA and WEF, with advisory support from the EPA. 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.
PER- AND POLYFLUOROALKYL SUBSTANCES (PFAS) – A large group (over 6,000) of human-made compounds that are resistant to heat, water, and oil and used for a variety of applications including firefighting foam, stain and water-resistant clothing, cosmetics, and food packaging. Two PFAS compounds, perfluorooctanesulfonic acid (PFOS) and perfluorooctanoic acid (PFOA) have been the focus of increasing regulatory scrutiny in drinking water and may result in adverse health effects including developmental effects to fetuses during pregnancy, cancer, liver damage, immunosuppression, thyroid effects, and other effects.
PERFLUOROOCTANOIC ACID (PFOA) – An ingredient for several industrial applications including carpeting, upholstery, apparel, floor wax, textiles, sealants, food packaging, and cookware (Teflon).
PERFLUOROOCTANESULFONIC ACID (PFOS) – A key ingredient in Scotchgard, a fabric protector made by 3M, and used in numerous stain repellents.
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.
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.
ORANGE COUNTY SANITATION DISTRICT
GLOSSARY OF TERMS
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. OCSD’s service area is in the Santa Ana River Watershed.