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HomeMy WebLinkAbout04-12-2021 Legislative Committee Meeting Complete Agenda Packet 2021-04-06 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, April 12, 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. April 6, 2021 NOTICE OF MEETING LEGISLATIVE AND PUBLIC AFFAIRS COMMITTEE ORANGE COUNTY SANITATION DISTRICT Monday, April 12, 2021 – 4:00 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 regular meeting of the Legislative and Public Affairs Committee of the Orange County Sanitation District will be held in the manner indicated herein on Monday, April 12, 2021 at 4:00 p.m. LEGISLATIVE AND PUBLIC AFFAIRS COMMITTEE MEETING DATES BOARD MEETING DATES 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 Monday 03/14/22 4:30 p.m. 03/23/22 * Meeting will be held on the third Wednesday of the month ROLL CALL LEGISLATIVE & PUBLIC AFFAIRS COMMITTEE Meeting Date: April 12, 2021 Time: 4:00 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, April 12, 2021 - 4:00 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, April 12, 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 Affairs 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 April 12, 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. 1.2021-1566APPROVAL OF MINUTES RECOMMENDATION: Approve Minutes of the Regular Meeting of the Legislative and Public Affairs Committee held March 8, 2021. Originator:Kelly Lore Agenda Report 03-08-2021 LaPA Committee Minutes Attachments: Page 1 of 3 LEGISLATIVE AND PUBLIC AFFAIRS COMMITTEE Regular Meeting Agenda Monday, April 12, 2021 NON-CONSENT: 2.2021-1552LEGISLATIVE AFFAIRS UPDATE FOR THE MONTH OF MARCH 2021 RECOMMENDATION: Recommend to the Board of Directors to: Receive and file the Legislative Affairs Update for the month of March 2021. Originator:Jim Herberg Agenda Report ENS Legislative Update Federal Legislative Matrix - ENS Resources TPA Legislative Update State Legislative Matrix - TPA Grant Matrix ENS Presentation TPA Presentation Attachments: 3.2021-1553ASSEMBLY BILL POSITIONS: AB 59 (GABRIEL) AND AB 339 (LEE) - OPPOSE; AB 361 (RIVAS) AND AB 622 (BLOOM) - SUPPORT RECOMMENDATION: Approve position letters for: AB 59 Mitigation Fee Act: fees: notice and timelines. (Gabriel) - Oppose AB 339 State and local government: open meetings. (Lee) - Oppose AB 361 Open meetings: local agencies: teleconferences. (Rivas) - Support AB 622 Washing machines: microfiber filtration. (Bloom) - Support Originator:Jim Herberg Agenda Report AB 59 (Gabriel) - Oppose AB59 Text AB 339 (Lee) - Oppose AB339 Text AB 361 (Rivas) – Support AB361 Text AB 622 (Freidman) - Support AB622 Text Attachments: 4.2021-1561PUBLIC AFFAIRS UPDATE FOR THE MONTH OF MARCH 2021 RECOMMENDATION: Recommend to the Board of Directors to: Receive and file the Public Affairs Update for the month of March 2021. Originator:Jim Herberg Page 2 of 3 LEGISLATIVE AND PUBLIC AFFAIRS COMMITTEE Regular Meeting Agenda Monday, April 12, 2021 Agenda Report Outreach & Media Summary Report March 2021 Item 4 Presentation Attachments: INFORMATION ITEMS: None. DEPARTMENT HEAD REPORTS: 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, May 10, 2021 at 4:30 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 #:2021-1566 Agenda Date:4/12/2021 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 Regular Meeting of the Legislative and Public Affairs Committee held March 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 March 8, 2021 Orange County Sanitation District Printed on 4/2/2021Page 1 of 1 powered by Legistar™ Orange County Sanitation District Minutes for the LEGISLATIVE AND PUBLIC AFFAIRS COMMITTEE Monday, March 8, 2021 4:30 PM Board Room Administration Building 10844 Ellis Avenue Fountain Valley, CA 92708 (714) 593-7433 CALL TO ORDER A regular meeting of the Legislative and Public Affairs Committee was called to order by Committee Chair Jesus J. Silva on Monday, March 8, 2021 at 4:37 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. 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 WithersABSENT:None STAFF PRESENT: Kelly Lore, Clerk of the Board, and Brian Engeln 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; Mortimer Caparas; Daisy Covarrubias; Lisa Frigo; Mark Kawamoto; Tina Knapp; Rebecca Long; Joshua Martinez; Kelly Newell; and Roya Sohanaki 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: Public comment was received after the announcement of public comment was made. The comments were read after Item No. 2 was heard. REPORTS: None. Page 1 of 4 LEGISLATIVE AND PUBLIC AFFAIRS COMMITTEE Minutes March 8, 2021 CONSENT CALENDAR: 1. APPROVAL OF MINUTES 2021-1513 Originator: Kelly Lore MOVED, SECONDED, AND DULY CARRIED TO: Approve Minutes of the Special Meeting of the Legislative and Public Affairs Committee held February 8, 2021. AYES:Jesus Silva, Marshall Goodman, Kim Carr, Anthony Kuo, Andrew Nguyen and David Shawver NOES:None ABSENT:John Withers ABSTENTIONS:None NON-CONSENT: 2. LEGISLATIVE AFFAIRS UPDATE FOR THE MONTH OF FEBRUARY 2021-1502 2021 Originator: Jim Herberg Eric Sapirstein, ENS Resources, provided a PowerPoint presentation and a brief overview of the federal monthly report which included Covid Relief, Water Infrastructure Senate action, and the Fiscal Year 2022 Budget. Eric O’Donnell, TPA, provided a PowerPoint presentation that included the Legislative Calendar; Department of Finance economic update; California’s budget timeline; and emerging Legislation including AB 59 (Gabriel), AB 377 (Rivas & Hertzberg), AB 622 (Friedman), SB 273 (Hertzberg), AB 818 (Bloom), and several bills focused on addressing public meeting transparency, accessibility, and technology. MOVED, SECONDED, AND DULY CARRIED TO: Recommend to the Board of Directors to: Receive and file the Legislative Affairs Update for the month of February 2021. AYES:Jesus Silva, Marshall Goodman, Kim Carr, Anthony Kuo, Andrew Nguyen, David Shawver and John Withers NOES:None ABSENT:None ABSTENTIONS:None Page 2 of 4 LEGISLATIVE AND PUBLIC AFFAIRS COMMITTEE Minutes March 8, 2021 Public Comment was received from Judith Marquez regarding Item No. 2 and read into the record. At the request of staff, Item No. 4 was heard out of order. Board Chair Shawver appeared to be away during the vote for Item No. 4. 4. LETTER OF SUPPORT FOR THE SOLID WASTE: PREMOISTENED 2021-1515 NONWOVEN DISPOSABLE WIPES BILL AB 1818 Originator: Jim Herberg Administration Manager Jennifer Cabral provided a brief introduction to this item. MOVED, SECONDED, AND DULY CARRIED TO: Approve the Letter of Support for the solid waste: premoistened nonwoven disposable wipes Bill AB 818. AYES:Jesus Silva, Marshall Goodman, Kim Carr, Anthony Kuo, Andrew Nguyen and John Withers NOES:None ABSENT:David Shawver ABSTENTIONS: None Public Comment was received from Judith Marquez and read into the record regarding to Item No. 3 3. PUBLIC AFFAIRS UPDATE FOR THE MONTH OF FEBRUARY 2021 2021-1508 Originator: Jim Herberg Principal Public Affairs Specialist Daisy Covarrubias provided a brief PowerPoint presentation recapping the Public Affairs monthly update including information on Board Orientation, neighborhood outreach efforts, logo rollout, 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 month of February 2021. AYES:Jesus Silva, Marshall Goodman, Kim Carr, Anthony Kuo, Andrew Nguyen, David Shawver and John Withers NOES:None ABSENT:None ABSTENTIONS:None Page 3 of 4 LEGISLATIVE AND PUBLIC AFFAIRS COMMITTEE Minutes March 8, 2021 5. LEGISLATIVE AND PUBLIC AFFAIRS COMMITTEE MEETING DATES 2021-1522 FOR CALENDAR YEAR 2021 Originator: Kelly Lore Clerk of the Board Kelly Lore provided an overview of the item. After a brief discussion it was the consensus of the Committee to continue the meeting times for regular meetings at 4:30 p.m. and the April and July meetings at 4:00 p.m. No Action Taken. INFORMATION ITEMS: None. DEPARTMENT HEAD REPORTS: None. CLOSED SESSION: None. OTHER BUSINESS AND COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS, IF ANY: Board Chair Shawver announced a congratulatory message to Haley Herberg on her recent Pac-12 Women's Cross Country Championship. BOARD OF DIRECTORS INITIATED ITEMS FOR A FUTURE MEETING: None. ADJOURNMENT: Chair Silva declared the meeting adjourned at 5:44 p.m. to the meeting to be held on Monday, April 12, 2021 at 4:00 p.m. 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 #:2021-1552 Agenda Date:4/12/2021 Agenda Item No:2. FROM:James D. Herberg, General Manager SUBJECT: LEGISLATIVE AFFAIRS UPDATE FOR THE MONTH OF MARCH 2021 GENERAL MANAGER'S RECOMMENDATION RECOMMENDATION: Recommend to the Board of Directors to: Receive and file the Legislative Affairs Update for the month of March 2021. BACKGROUND The Orange County Sanitation District’s (OC San)legislative affairs program includes advocating OC San’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 OC San’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 OC San’s legislative interests. Help to create/monitor legislation and grants that would benefit OC San,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. Orange County Sanitation District Printed on 4/6/2021Page 1 of 2 powered by Legistar™ File #:2021-1552 Agenda Date:4/12/2021 Agenda Item No:2. RAMIFICATIONS OF NOT TAKING ACTION If we do not work with Local,State,and Federal elected officials,legislation could be passed that negatively affects OC San and the wastewater industry as a whole.Additionally,a lack of engagement may result in missed funding opportunities. ADDITIONAL INFORMATION ·OC San Visits Washington, D.C. Virtually for Annual Advocacy Day As part of our legislative outreach program,OC San’s Board Chairman Dave Shawver and Vice-Chairman John Withers hosted,for the first-time ever,virtual Advocacy Day meetings on March 29 -April 7,during which current legislation,regulatory affairs,infrastructure,and funding opportunities was discussed with the Orange County Congressional Delegation. ·Governor Signs Legislation for Supplemental Paid Sick Leave for Workers On March 19,Governor Newsom signed Senate Bill 95 by Senator Nancy Skinner (D-Berkley)which creates uniform,statewide policy to ensure employees have access to COVID-19 supplemental paid sick leave as of March 29,2021 through September 30,2021 retroactive to January 1,2021.Staff has provided the legally required notice to employees and are ensuring compliance with the new law. ·American Rescue Plan On March 11,the President signed the American Rescue Plan into law providing for $1.9 trillion in COVID-19 assistance to the public and private sectors.It is the largest congressional funding bill to date and delivers benefits to OC San and its member cities and agencies. ·Community Funding Requests Last month,the House Committee on Appropriations unveiled the new process that will be relied upon for directed federal spending to specific projects,including water and wastewater projects.As such,staff and ENS have entered in project requests to the OC Congressional Delegation and will continue to work with the Delegation and monitor the requests and possible funding opportunities. ·Governor Holds the State of the State The State of the State address was held on March 9 and reviewed the State’s priorities and goals.Staff and our State legislative consultants will continue to go through the priorities and goals to identify and understand funding and/or impact to the wastewater industry, if any. 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 ·Presentations Orange County Sanitation District Printed on 4/6/2021Page 2 of 2 powered by Legistar™ 1 | P a g e TO: Rebecca Long FROM: Eric Sapirstein DATE: April 4, 2021 SUBJECT: Washington Update Following enactment of the American Rescue Plan, the White House unveiled its American Jobs Plan that sets out an ambitious $2.2 trillion effort to legislate infrastructure assistance, jobs creation, tax increases, and a host of funding priorities to advance technology and workforce development. In addition to this activity, the annual appropriations process began as Members in the House and Senate issued calls for project and/or programmatic funding requests from public agencies. During this period of time, OC San’s leadership met virtually with many of its congressional delegation to discuss federal priorities. The following summarizes the past month’s activities in Washington. OC SAN Leadership Discusses Federal Priorities with Congressional Delegation The continuing pandemic restrictions required OC San to begin its traditional legislative briefings for the Orange County congressional delegation virtually. These discussions focused upon the priority for infrastructure assistance as well as the ongoing commitment by OC San to develop innovative approaches to leverage the wastewater treatment process to generate clean energy. Of special note and interest was the implementation of the largest behind the “meter” battery storage system that would enhance OC San’s overall effort to achieve energy independence. The discussion on priority projects for consideration of federal assistance, delegation was informed that efforts to construct a new headworks facility is vital to ensure reliable wastewater treatment and address many of the new challenges in treating wastewater flows. On the matter of the introduction of nonflushable wipes, Rep. Alan Lowenthal highlighted his plastic pollution legislation, H.R. 2238, that would require “wipes” to be labeled as non-flushable, if applicable. Representative Mike Levin noted his interest in the food waste to energy project. He highlighted his past involvement with OC San’s priorities to be innovative in energy and pledged to support OC San’s ongoing efforts to address clean energy solutions and general water quality needs. Additional meetings with congressional delegation officials are slated for the next several weeks. 2 | P a g e Fiscal Year 2022 Appropriations For the first time in a decade, the House and Senate decided to re-establish the practice of directing federal spending beyond the program level. Recognizing the abuses of the past that led to an earmark ban, the congressional process imposes a detailed approach for public sector entities, like OC San, to submit a request for project assistance. Under the new approach, Members of Congress are limited to ten requests and can only seek project spending for public purposes like water quality infrastructure projects. OC San has provided its priority project to the congressional delegation. Infrastructure Policymaking The Administration’s American Jobs Plan was unveiled to divided support as Republicans denounced the provisions to address non-infrastructure issues and raise taxes. Alternatively, Democrats splintered over either too little funding or questions over the kind of taxes contemplated and the absence of a restoration of State and Local Tax deductions. The plan is notable for the less than robust funding for wastewater infrastructure compared with the commitments for drinking water and PFAS cleanups. Under the plan, $111 billion would be dedicated to water infrastructure, but the majority of the assistance is targeted to lead service line replacements, assistance to disadvantaged communities in need of safe and reliable drinking water, and PFAS cleanups. As one Member of Congress noted, it is a plan and Congress will draft the actual legislative proposal, suggesting that a rebalancing of funding priorities could be possible. While the White House has issued its American Jobs Plan, the House and Senate committees with jurisdiction over clean water infrastructure have acted on legislation. In the House, the Committee on Transportation & Infrastructure conducted a hearing into the Water Quality Protection and Job Creation Act of 2021 that is expected to serve as the basis for any final House clean water bill. Under the draft bill, it would:  Provide the clean water State Revolving Loan Fund (SRF) $40 billion over five years.  Renew the Alternative Water Sources Act and authorize $1 billion for grants to support water recycling.  Provide wastewater agencies with a new grants program of $1 billion to support PFAS pretreatment standards implementation.  Support workforce development. 3 | P a g e The Senate Committee on Environment and Public Works approved the Drinking Water and Wastewater Infrastructure Act that is more limited providing a total of $35 billion. Under the committee bill $16 billion would be provided to support clean water infrastructure needs. As approved, the bill would:  Provide states with increased funding and program flexibilities to invest in community water projects that address aging infrastructure and improve water quality through the SRF.  Promote resiliency projects to address the impacts of climate change.  Increase investment to address recruitment, training, and retention challenges facing the water and wastewater utility workforce. Timing for action on the House bill is optimistically slated for May based upon Chairman Peter DeFazio’s comments. The Speaker has set July 4th as the deadline for House action on a comprehensive infrastructure bill. The Senate, where all action is subject to a filibuster, the Majority Leader has indicated that Senate consideration of a water infrastructure bill would happen later in the summer. Taken collectively, it appears that any final water infrastructure bill is unlikely to be voted on before the early fall. Administration Appointments The Senate approved Michael Regan to be the US Environmental Protection Agency Administrator and Regan has assumed his duties. Regan has stated that among his priorities will be to ensure that disadvantaged communities’ needs are addressed and to focus on such health matters as lead in drinking water. At the same time, he is expected to play a major role in the development of climate resiliency policies. His Deputy Administrator, Janet McCabe has been voted out of the Senate Committee on Environment and Public Works and she is expected to be confirmed by the Senate later in the month of April. Representative Deb Haaland (D-NM) was also confirmed and sworn in as the Secretary of the Interior. Upon assumption of her position, Haaland emphasized that she is committed to addressing western water issues that should benefit initiatives such water recycling. Title A bill to amend the Safe Drinking Water Act and the Federal Water Pollution Control Act to reauthorize programs under those Acts, and for other purposes. Primary Sponsors Tammy Duckworth Bill Summary: Last edited by Sarah Sapirstein at Mar 24, 2021, 6:52 PM A comprehensive bill that contains Senate clean water and drinking water provisions that were dropped out of WRDA 2020 during conference negotiations. S. 914 would invest more than $35 billion in water resource development projects across the country, of which, more than 40% can be directly used to benefit small, disadvantaged, rural, and tribal communities through additional subsidization from the State Revolving Loan Funds or direct grant programs. Introduction Date: 2021-03-23 Federal Legislative Report - March 2021 Last Updated: March 24, 2021 Bills by Issue OCSAN (23) State US Bill Number S 914 Last Action Read Twice And Referred To The Committee On Environment And Public Works 2021 03 23 Status In Senate Position None Priority None Organizational Notes Last edited by Sarah Sapirstein at Mar 24, 2021, 6:54 PM A comprehensive bill, containing clean water and drinking water policy provisions that failed to be included in last year's WRDA 2020 bill. S. 914 was reported out of the Committee on Environment and Public Works on a bipartisan vote of 20-0. The bill now goes to the Senate floor to be considered by the full Senate. Below are the key clean water provisions. • SRF reauthorized at $14 billion and provides that 10% of assistance reserved for grants and other subsidies to reduce costs. • Wastewater efficiency grant program authorized at $100 million to support waste to energy projects. • Alternative Water Source Act reauthorized providing $125 million to support grants to develop reclamation projects generally under $3 million. • Sewer Overflow and storm water grants program reauthorized at $280 million to address CSO and other overflows. 25% set aside for rural or financially distressed communities. • Resiliency and sustainability grants assistance provided to support utilities address climate and cyber impacts. $125million authorized. • Small system assistance to improve efficiency of small systems (10,000 or less) authorized. No funding level identified. • Workforce development grants program reauthorized at $5 million. • Water Data Sharing program authorized to provide grants to encourage data sharing related to impaired coastal watersheds, water system with high levels of pollution and other circumstances leading to water quality impacts. Multi-state consortia authorized to enhance sharing of data, technologies, and protocols. $65 million in grants authorized to support state and consortia efforts. • WIFIA reauthorized at $50 million per year. Renews the authority of small systems to bundle projects for WIFIA assistance to meet floor for financing assistance. • Study required on the state of small and disadvantaged communities’ historical distribution of funding assistance and ways to improve assistance to such communities. • The Water Reuse Interagency Working Group is created to advance water reuse throughout the country with a focus on federal agencies’ mission and ways to create opportunities for reuse. • Advanced Clean Water Technologies Study directed to ascertain existing and future technologies that could improve the operations of treatment works. #OCSAN Title To amend the Federal Water Pollution Control Act to reauthorize certain programs relating to nonpoint source management, and for other purposes. Primary Sponsors Angie Craig Bill Summary: Last edited by David French at Mar 22, 2021, 3:30 PM This bill reauthorizes through FY2024 grants to states for (1) programs that manage and control pollution added from nonpoint sources to navigable waters, and (2) groundwater quality protection activities to advance state implementation of such programs. Water pollution from nonpoint sources is caused by precipitation picking up pollution as it moves over or through the ground. Introduction Date: 2021-03-18 Title To restore, reaffirm, and reconcile environmental justice and civil rights, and for other purposes. Primary Sponsors Raul Grijalva Bill Summary: Last edited by Sarah Sapirstein at Mar 22, 2021, 9:06 PM Expansive legislative package focusing upon environmental justice issues ranging from enhancing transparency and public engagement in the NEPA process, to establishing environmental justice grants to support research, education,outreach, development, and implementation of projects to address environmental and public health issues, and considering cumulative impacts of permitting decisions under the Clean Water Act to such communities and ensuring that permits will not be issued if the project cannot demonstrate reasonable certainty of no harm to human health. Introduction Date: 2021-03-18 State US Bill Number HR 2008 Last Action Referred To The Subcommittee On Water Resources And Environment 2021 03 19 Status In House Position None Priority None Organizational Notes Last edited by Sarah Sapirstein at Mar 22, 2021, 8:12 PM The Local Water Protection Act would reauthorize $200 million annually for the voluntary grant fund to give local and state governments the flexibility to make conservation improvements aimed at decreasing water pollutants through partnerships within their communities. #OCSAN State US Bill Number HR 2021 Last Action Introduced In House 2021 03 18 Status In House Position None Priority None Organizational Notes Last edited by Sarah Sapirstein at Mar 22, 2021, 9:02 PM The legislation is a reintroduction of the bill Rep. Grijalva introduced last year. H.R. 2021 would do the following if enacted: create a Federal Energy Transition Economic Development Assistance Fund – paid for through new fees on oil, gas and coal companies – to support communities and workers as they transition away from greenhouse gas-dependent economies; require federal agencies to consider cumulative health impacts under the Clean Air Act and Clean Water Act in making permitting decisions and provides greater public health protections for vulnerable communities; strengthen the Civil Rights Act and reaffirms that private citizens and organizations facing disparate impact discrimination can seek legal remedies, overturning the Alexander v. Sandoval ruling; and provide $75 million in annual grants for research and program development to reduce health disparities and improve public health in environmental justice communities. Newly confirmed Secretary of the Interior Deb Haaland was an original cosponsor of the Environmental Justice for All Act in the last Congress, and has been supportive of the bill and its principles throughout her time in Congress #OCSAN Title A bill to restore, reaffirm, and reconcile environmental justice and civil rights, and for other purposes. Primary Sponsors Tammy Duckworth Bill Summary: Last edited by Sarah Sapirstein at Mar 22, 2021, 9:15 PM Expansive legislative package focusing upon environmental justice issues ranging from enhancing transparency and public engagement in the NEPA process, to establishing environmental justice grants to support research, education,outreach, development, and implementation of projects to address environmental and public health issues, and considering cumulative impacts of permitting decisions under the Clean Water Act to such communities and ensuring that permits will not be issued if the project cannot demonstrate reasonable certainty of no harm to human health. Introduction Date: 2021-03-18 Title To amend the Federal Water Pollution Control Act to reauthorize certain water pollution control programs, and for other purposes. Primary Sponsors Peter DeFazio Bill Summary: Last edited by Sarah Sapirstein at Mar 22, 2021, 9:10 PM Bipartisan legislation would authorize $50 billion in direct infrastructure investment over the next five years to address America’s crumbling wastewater infrastructure and local water quality challenges. It would also significantly increase the amount of Federal assistance made available to States and communities through the successful Clean Water State Revolving Fund (SRF) program. Introduction Date: 2021-03-16 State US Bill Number S 872 Last Action Introduced In Senate 2021 03 18 Status In Senate Position None Priority None Organizational Notes Last edited by Sarah Sapirstein at Mar 22, 2021, 8:20 PM S. 872 is the companion bill to H.R. 2021 in the House. S. 872 would create a Federal Energy Transition Economic Development Assistance Fund – paid for through new fees on oil, gas and coal companies – to support communities and workers as they transition away from greenhouse gas- dependent economies; require federal agencies to consider cumulative health impacts under the Clean Air Act and Clean Water Act in making permitting decisions and provides greater public health protections for vulnerable communities; strengthen the Civil Rights Act and reaffirms that private citizens and organizations facing disparate impact discrimination can seek legal remedies, overturning the Alexander v. Sandoval ruling; and provide $75 million in annual grants for research and program development to reduce health disparities and improve public health in environmental justice communities. Sen. Duckworth is a leader in the Senate on environmental justice issues, co-founding the Senate Environmental Justice Caucus in 2019. #OCSAN State US Bill Number HR 1915 Last Action Referred To The Subcommittee On Water Resources And Environment 2021 03 17 Status In House Position None Priority None Organizational Notes Last edited by Sarah Sapirstein at Mar 22, 2021, 8:23 PM CASA Supports #OCSAN Last edited by Sarah Sapirstein at Mar 22, 2021, 9:47 PM H.R. 1915 is a comprehensive package that would deliver substantial investment opportunities in the clean water sector. Specifically, the bill would authorize the following: authorize Clean Water SRF at $40 billion over five years; authorize an additional $2 billion in grants to municipalities to capture, treat, or reuse stormwater or sewer overflows; authorize $2.5 billion in grants to States to support implementation of States' water pollution control programs; authorize $1 billion to support clean water pilot programs for watershed-based activities that address wet weather discharges, stormwater best practices, and increase climate resiliency; authorize $1 billion for alternative water source projects, including wastewater or stormwater reuse; authorize $1 billion in grants for municipalities to implement PFAS treatment standards; and, authorize $2.5 billion for wastewater infrastructure assistance to support infrastructure needs of Tribal communities #OCSAN Title To modify eligibility requirements for certain hazard mitigation assistance programs, and for other purposes. Primary Sponsors Lizzie Fletcher Bill Summary: Last edited by David French at Mar 22, 2021, 3:23 PM $540 million for the Hazard Mitigation Grant (HMG) program; $249 million for the Predisaster Mitigation (PDM) program; and, $175 million for the Flood Mitigation Assistance (FMA) program. Would expedite the approval of grants for certain property acquisition and relocation projects that are funded by those programs. The bill would require FEMA to approve grants for all applications submitted under those programs— including those submitted after January 1, 2016—if a project satisfies the following two conditions: The project is for acquisition or relocation of a vulnerable property, regardless of whether the applicant initiated planning or construction before or after applying for assistance; and The project is exempt from environmental review requirements under the National Environmental Policy Act (NEPA). Introduction Date: 2021-03-16 Title To amend the Federal Water Pollution Control Act with respect to permitting terms, and for other purposes. Primary Sponsors John Garamendi Bill Summary: Last edited by Sarah Sapirstein at Mar 22, 2021, 9:20 PM Extends the National Pollution Discharge Elimination System (NPDES) permit to up to, but not exceeding, 10 years from the current 5 years, for a municipality. Introduction Date: 2021-03-12 State US Bill Number HR 1917 Last Action Referred To The Subcommittee On Economic Development Public Buildings And Emergency Management 2021 03 17 Status In House Position Monitor Priority Medium State US Bill Number HR 1881 Last Action Referred To The Subcommittee On Water Resources And Environment 2021 03 15 Status In House Position None Priority None Organizational Notes Last edited by Sarah Sapirstein at Mar 22, 2021, 9:24 PM H.R. 1881 would allow for the term of National Pollution Discharge Elimination System (NPDES) permit issued to a State or municipality to not to exceed 10 years, from the current 5 years. For all other permitees, the NPDES permit would remain at the current 5 year term limit. #OCSAN Title To amend the Federal Water Pollution Control Act to ensure that publicly owned treatment works monitor for and report sewer overflows, and for other purposes. Primary Sponsors Seth Moulton Bill Summary: Last edited by Sarah Sapirstein at Mar 22, 2021, 8:24 PM Would require local governments to alert residents within four hours if stormwater overwhelms sewage plants and carries sewage into rivers and watersheds. The bill also allows state and local governments to use grant funding to create the alert system. Introduction Date: 2021-03-11 Title To make certain municipalities eligible for grants under the Federal Water Pollution Control Act, and for other purposes. Primary Sponsors Lori Trahan Bill Summary: Last edited by Sarah Sapirstein at Mar 22, 2021, 8:35 PM Expands and improves the Environmental Protection Agency’s (EPA) Stormwater Reuse Municipal Grant program, which is used to award federal grants to states and municipalities for the planning, design, and construction for combined sewer overflows, sanitary sewer overflows, or stormwater management. Introduction Date: 2021-03-08 State US Bill Number HR 1844 Last Action Referred To The Subcommittee On Water Resources And Environment 2021 03 12 Status In House Position None Priority None Organizational Notes Last edited by Sarah Sapirstein at Mar 22, 2021, 8:27 PM H.R. 1844 would provide the following: - Help states identify the sources of Combined Sewer Overflow: The bill adds sewer overflow monitoring, reporting, and notifications to the National Pollutant Discharge Elimination System, an EPA program designed to identify sources of pollution for further regulation. - Allow states to better measure the problem of CSOs: The bill lets states use existing Sewer Overflow and Stormwater Reuse Municipal grants for overflow monitoring, reporting, and notifications. - Require states to build a system for monitoring sewer overflows to alert the owner/operator in a timely manner - Require public alerts that are sent no more than 4 hours after the owner/operator becomes aware of the overflow - Require the notification of public health authorities if the sewer overflow may endanger human health. #OCSAN State US Bill Number HR 1660 Last Action Referred To The Subcommittee On Water Resources And Environment 2021 03 09 Status In House Position None Priority None Organizational Notes Last edited by Sarah Sapirstein at Mar 22, 2021, 8:38 PM H.R. 1660 would expand and improve USEPA's Stormwater Reuse Municipal Grant program by doing the following: Increases the authorization of the grant program to $500 million annually and extends that authorization of the program through 2030; Prioritizes grant assistance to communities with high levels of sewage entering public waterways; Reduces the cost-sharing burden on economically disadvantaged areas; and Increases federal investment in green infrastructure projects that capture wet weather and prevent CSOs. This the reintroduction of legislation that Rep. Trahan introduced last Congress and portions of which were included in H.R.2, Moving Forward Act. #OCSAN Title To extend the authorities under the Water Infrastructure Improvements for the Nation Act of 2016 providing operational flexibility, drought relief, and other benefits to the State of California. Primary Sponsors Mike Garcia Introduction Date: 2021-03-03 Title To build a clean and prosperous future by addressing the climate crisis, protecting the health and welfare of all Americans, and putting the Nation on the path to a net-zero greenhouse gas economy by 2050, and for other purposes. Primary Sponsors Frank Pallone Bill Summary: Last edited by Sarah Sapirstein at Mar 22, 2021, 8:54 PM H.R. 1512 is a comprehensive legislative package with the goal of achieving net zero greenhouse gas pollution, combating the climate crisis, putting Americans back to work,and rebuilding our economy. It includes limited drinking water provisions, including establishing PFAS grants program for affected community water systems, authorized at $500 million. The legislation also includes an extensive environmental justice title that supports the policy directives from the Administration that 40% of all future federal funding be delivered to disadvantage and environmental justice communities. Introduction Date: 2021-03-02 State US Bill Number HR 1563 Last Action Referred To The Committee On Natural Resources And In Addition To The Committee On Science Space And Technology 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 03 03 Status In House Position Oppose Priority High State US Bill Number HR 1512 Last Action Referred To The Subcommittee On Highways And Transit 2021 03 03 Status In House Position None Priority None Organizational Notes Last edited by Sarah Sapirstein at Mar 22, 2021, 8:57 PM Establishes a new grants program under USEPA to aid affected community water systems that are impacted by PFAS contamination with the capitol costs associated with implementing remediation technologies. Priority funding will be provided to disadvantage communities. Grants program to be authorized at $500 million for each of the fiscal years 2022-2031. #OCSAN Last edited by Sarah Sapirstein at Mar 22, 2021, 5:50 PM Establishes a grant program to award grants to eligible States to receive grants to construct large-scale composting or anaerobic digestion food waste-to-energy projects. For a State to be eligible it must have a plan to limit quantity of food waste that could be disposed of in a landfill, provide USEPA a written commitment that the State has read and agrees to comply with the Food Recovery Hierarchy of the Environmental Protection Agency, and written end-product recycling plan that provides for the beneficial use of the material resulting from any anaerobic digestion food waste-to-energy operation with respect to which the loan or grant is made. Grants may not be used for an anaerobic digester that solely uses manure as undigested biomass. Grants program authorized to be appropriated $100,000,000 for each of fiscal years 2022 through 2031. #OCSAN Title Clean Energy and Sustainability Accelerator Act Primary Sponsors Debbie Dingell Introduction Date: 2021-02-04 Title To establish a trust fund to provide for adequate funding for water and sewer infrastructure, and for other purposes. Primary Sponsors Brenda Lawrence Bill Summary: Last edited by Sarah Sapirstein at Mar 22, 2021, 9:43 PM The Water Affordability, Transparency, Equity, and Reliability (WATER) Act of 2021 is a comprehensive solution that creates a WATER Trust Fund, which dedicates nearly $35 billion towards water infrastructure improvements across the United States. Introduction Date: 2021-02-25 State US Bill Number HR 806 Last Action Referred To The Subcommittee On Commodity Exchanges Energy And Credit 2021 03 03 Status In House Position None Priority None State US Bill Number HR 1352 Last Action Referred To The Subcommittee On Water Resources And Environment 2021 02 26 Status In House Position Monitor Priority None Organizational Notes Last edited by Sarah Sapirstein at Mar 22, 2021, 9:45 PM Legislation has support from over 540 national, state, and local organizations. The legislation is a reintroduction from last Congress. #OCSAN Last edited by Sarah Sapirstein at Mar 22, 2021, 9:43 PM H.R. 1352 would provide the following support for water infrastructure: provides $34.85 billion a year to drinking water and wastewater improvements; creates a water trust fund; creates up to nearly 1 million jobs across the economy and protect American workers; prioritizes disadvantaged communities with grants and additional support; expands funding for technical assistance to small, rural, and indigenous communities; funds projects to address water contamination from PFAS; requires US EPA to study water affordability, shutoffs, discrimination, and civil rights violations by water providers; upgrades household wells and septic systems; helps homeowners replace lead service lines; and provides more than $1 billion a year to update water infrastructure in public schools. #OCSAN Title Water Recycling Investment and Improvement Act Description Water Recycling Investment and Improvement Act This bill makes permanent, and otherwise revises, the Bureau of Reclamation's grant program for the funding of water recycling and reuse projects. Specifically, the bill removes priority under the program for projects in areas that, in the preceding four-year period, have been (1) identified as experiencing severe, extreme, or exceptional drought; or (2) designated as a disaster area by a state. Additionally, the bill increases through FY2025 the authorization of appropriations for the program and otherwise revises provisions related to program funding. 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 Title National Climate Bank Act 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 State US Bill Number HR 1015 Last Action Introduced In House 2021 02 11 Status In House Position Support Priority None Organizational Notes Last edited by Eric Sapirstein at Feb 25, 2021, 3:03 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 #OCSAN State US 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 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 Title Climate Emergency Act of 2021 Primary Sponsors Earl Blumenauer Bill Summary: Last edited by Sarah Sapirstein at Mar 22, 2021, 9:55 PM States the findings of the growing climate change threats, would require the President to declare a national emergency due to the climate change crisis, and require the federal government to respond to mitigate the emergency and send annual reports to Congress on activities. Introduction Date: 2021-02-04 Title Emergency Water is a Human Right Act Description Emergency Water is a Human Right Act This bill creates a grant program, administered by the Department of Health and Human Services, to provide funds to states and Indian tribes to assist low- income households that pay a high proportion of household income for drinking water and wastewater services. Further, any entity receiving financial assistance under this grant program must ensure that no home energy service or public water system service is or remains disconnected or interrupted during the COVID-19 (i.e., coronavirus disease 2019) public health emergency. 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 State US Bill Number HR 794 Last Action Referred To The Subcommittee On Economic Development Public Buildings And Emergency Management 2021 02 05 Status In House Position Monitor Priority Medium Organizational Notes Last edited by Sarah Sapirstein at Mar 22, 2021, 9:56 PM National Climate Emergency Act builds on that resolution – which was based on input from Oregon environmental activists – by mandating a presidential declaration of a national emergency under the National Emergencies Act of 1976. The legislation also outlines steps that the president can take to address the climate emergency while centering environmental justice. Investments should include, but are not limited to, large scale mitigation and resiliency projects, upgrades to public infrastructure, modernization of millions of buildings to cut pollution, investments in public health, protections for public lands, regenerative agriculture investments that support local and regional food systems, and etc. #OCSAN State US Bill Number HR 616 Last Action Referred To The Subcommittee On Environment And Climate Change 2021 02 02 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 Title Environmental Justice Mapping and Data Collection Act of 2021 Description Environmental Justice Mapping and Data Collection Act of 2021 This bill establishes an interagency Environmental Justice Mapping Committee that must create a tool to identify environmental justice communities. Environmental justice communities are communities with significant representation of communities of color, low-income communities, or tribal and indigenous communities that experience, or are at risk of experiencing, higher or more adverse human health or environmental effects, as compared to other communities. The Environmental Protection Agency (EPA) must establish an environmental justice data repository to maintain the data collected by the committee. The EPA must make the repository available to regional, state, local, and tribal governments. 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 State US Bill Number HR 516 Last Action Referred To The Subcommittee On Environment And Climate Change 2021 02 02 Status In House Position Monitor 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 Energy Resilient Communities Act Description Energy Resilient Communities Act This bill requires the Department of Energy to establish a program that awards grants to make critical energy infrastructure more resilient to climate change hazards, such as grants for developing clean energy microgrids that support critical community infrastructure or customers of electric utilities with special energy needs due to medical conditions. Primary Sponsors Nanette Barragan Bill Summary: Last edited by Sarah Sapirstein at Feb 24, 2021, 3:10 PM Creates federal program to support construction of 100% clean energy microgrids that support communities energy needs following extreme weather events or power shutoffs. Addresses energy equity and environmental justice concerns by prioritizing applications from low- income communities and communities of color. Introduction Date: 2021-01-25 State US Bill Number HR 448 Last Action Referred To The Subcommittee On Energy 2021 02 02 Status In House Position Monitor Priority None Organizational Notes Last edited by Eric Sapirstein at Feb 25, 2021, 3:11 PM H.R. 448 would create federal program to support construction of 100% clean energy microgrids. Microgrids would support communities energy needs following extreme weather events or power shutoffs. Microgrids are to support critical infrastructure, which includes water systems. Addresses energy equity and environmental justice concerns by prioritizing applications from low-income communities and communities of color. Specific provisions include: - Authorization of $50 million in annual grants for technical assistance and $15 billion in annual grants for clean energy microgrids to support critical infrastructure following extreme weather events (e.g. water systems) - Allows State and local governments and political subdivisions to apply for grants - Maximum federal cost share is 60%, except for environmental justice communities where the federal cost share maximum is 90% - Includes Buy American provisions for materials and technologies - Employee hiring for projects must hit targets that maximize local and economically disadvantaged workers, including those who live in environmental justice communities or were displaced from a previous job in the energy sector. #OCSAN Title Environmental Justice Mapping and Data Collection Act of 2021 Description Environmental Justice Mapping and Data Collection Act of 2021 This bill establishes an interagency Environmental Justice Mapping Committee that must create a tool to identify environmental justice communities. Environmental justice communities are communities with significant representation of communities of color, low-income communities, or tribal and indigenous communities that experience, or are at risk of experiencing, higher or more adverse human health or environmental effects, as compared to other communities. The Environmental Protection Agency (EPA) must establish an environmental justice data repository to maintain the data collected by the committee. The EPA must make the repository available to regional, state, local, and tribal governments. 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 State US Bill Number S 101 Last Action Introduced In Senate 2021 01 28 Status In Senate Position Monitor 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 Title Special Districts Provide Essential Services Act Description Special Districts Provide Essential Services Act This bill makes special districts eligible for the Coronavirus Relief Fund and the Municipal Liquidity Facility program. Specifically, the bill makes special districts eligible for payments from amounts paid to states from any new appropriations to the fund. A special district must submit a request for payment to the state with information demonstrating that the special district has experienced or is likely to experience during the COVID-19 (i.e., coronavirus disease 2019) emergency * reduced revenue or operational funding derived from provided services, taxes, fees, or other sources of revenue; * reduced indirect funding from the federal government, the state, or a unit of general government below the state level; or * as a result of the COVID-19 emergency, increased expenditures necessary to continue operations. The Board of Governors of the Federal Reserve System shall include special districts as eligible issuers in the Municipal Liquidity Facility program, which was created in response to the COVID-19 emergency to buy municipal securities. Primary Sponsors Kyrsten Sinema Bill Summary: Last edited by Eric Sapirstein at Feb 24, 2021, 7:57 PM S. 91 would provide authority to a Governor to provide financial assistance under COVID-19 relief to Special Districts from State allocation. 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 State US Bill Number S 91 Last Action Read Twice And Referred To The Committee On Finance 2021 01 28 Status In Senate Position None Priority None State US Bill Number SRES 17 Last Action Introduced In Senate 2021 01 27 Status In Senate Position Monitor Priority None Title Local Water Protection Act Description Local Water Protection Act This bill reauthorizes through FY2025 programs within the Environmental Protection Agency that award grants to states for managing nonpoint source water pollution or protecting groundwater quality. Water pollution from nonpoint sources is caused by precipitation picking up pollution as it moves over or through the ground. 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 State US 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 Powered by M E M O R A N D U M To: Orange County Sanitation District From: Townsend Public Affairs Date: March 22, 2021 Subject: Monthly Legislative Report State Legislative Update The Legislature continues to hold legislative and budgetary hearings to advance the nearly 2,500 active bills and put forth the Legislature’s State Budget proposal. The Senate has waived the 30- day rule that requires bills to sit before being amended or heard to allow committees to start their work earlier than expected. This will also allow the Senate to utilize fewer committee rooms and sanitize the rooms before and after each hearing. The goal of waiving the rule is to ensure that all bills will be heard in a timely manner in order to avoid the timing constraints that plagued the last legislative session and allowed priority policy areas to remain unaddressed. Below is a list of upcoming legislative deadlines: March 25: Legislature begins Spring recess April 30: Last day for policy committees to advance fiscal bills May 7: Last day for policy committees to advance non-fiscal bills May 21: Last day for fiscal committees to advance fiscal bills to the floor Governor Delivers State of the State Governor Newsom issued his State of the State address at Dodger Stadium, one of California’s, and the Nation’s, largest community COVID-19 vaccination sites. The Governor’s comments included key statistics as well as major actions taken over the course of the pandemic, including: • California’s death rate has remained one of the lowest per capita in the nation: 134 per 100,000, compared to 158 nationally, 153 in Texas and 247 in New York. • California now ranks sixth in the world for vaccine distribution, ahead of many major countries. • The positivity rate is down from a high of 14 percent to 2.1 percent. Hospitalizations are down more than 80 percent since their peak. ICUs are down 77 percent. The Governor also touched on aid that has gone out to small businesses, school reopening efforts, and work on housing the homeless. The Governor also outlined proposals that have been included in his January Budget proposal to further invest in revitalizing California’s economy. The Governor emphasized the return to the Blueprint for a Safer Economy model of phased re- opening, where every County will be assigned colored tiers that dictate when the County can safely re-open, based on COVID-19 positivity rates and ICU bed availability. Page | 2 Priority Legislation The below bills have been identified by TPA and OC San staff as priority bills that would have an impact on OC San. 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 would likely result in additional legal challenges to OC San fee schedules and would result in less stable future revenue projections. AB 59 has been double referred to the Assembly Local Government Committee and the Assembly Housing and Community Development Committee. AB 59 has not yet been heard in any policy committees. AB 339 (Lee) – State and local government: open meetings. AB 339 would require local public agencies to provide the following services: 1. Closed captioning services for live streamed meetings 2. Translation of the agenda packet and call-in instructions into languages spoken by at least 5 percent of the jurisdiction’s population 3. In-person translation services (for public comments and other needs) for languages spoken by at least 5 percent of the jurisdiction’s population AB 339 would require an unknown and potentially significant change to OC San board meetings, potentially resulting in a significant cost to provide service increase. Opposition coalitions have started to work together to oppose the bill. AB 339 has not yet been heard in any policy committees. 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 State Water Resources Control Board (SWRCB) to make National Pollutant Discharge Elimination System (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 Page | 3 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. AB 818 (Bloom) - Solid waste: premoistened nonwoven disposable wipes Would require 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. The bill would prohibit a covered entity from making a representation about the flushable attributes, benefits, performance, or efficacy of those premoistened nonwoven disposable wipes. 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. AB 818 is a reintroduction of previous CASA sponsored legislation. AB 818 will be heard in the Assembly Environmental Safety and Toxic Materials Committee on April 7. 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. 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. SB 45 passed the Senate Natural Resources and Water Committee and will be heard next in the Senate Governance and Finance Committee. 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 - Oppose LOCC - Watch CASA - Watch CSDA - Oppose ACWA - Oppose AB 322 Salas [D]Current law requires the Energy Commission, in administering moneys in the Electric Program Investment Charge Fund for research, development, and demonstration programs, to develop and implement the EPIC program for the purpose of awarding funds to projects that may lead to technological advancement and breakthroughs to overcome barriers that prevent the achievement of the state’s statutory energy goals and that may result in a portfolio of projects that are strategically focused and sufficiently narrow to make advancement on the most significant technological challenges. Current law, until January 1, 2023, requires the Energy Commission to expend certain percentages of the moneys appropriated from the fund for technology demonstration and deployment at sites that benefit certain communities. This bill would require the Energy Commission to allocate not less than 20% of the funds appropriated for the EPIC program to bioenergy projects for biomass conversion, as specified. Currently in the Assembly Utilities and Energy Committee and will be heard on April 7 Watch Legislative and Regulatory Policies: Biosolids and Biogas - Support streamlined legislation, regulations and policies that encourage the procurement of biogas, biosolids, and compost ACC-OC - NYC LOCC - Watch CASA - Support CSDA - NYC ACWA - Favor 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 - Oppose LOCC - Oppose CASA - Watch CSDA - Oppose ACWA - Oppose Proposed Legislation 2021-2022 High Priority OC San State Bills of Interest BILL AUTHOR SUMMARY LATEST ACTION OCSD POSITION LEGISLATIVE PLAN OTHER POSITIONS 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 - Watch CASA - Watch CSDA - Sponsor ACWA - Favor 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 - Oppose LOCC - Oppose CASA - Oppose CSDA - Oppose ACWA - Concerns AB 564 Gonzalez [D]Would establish the Biodiversity Protection and Restoration Act and would provide that it is the policy of the state that all state agencies, boards, and commissions shall utilize their authorities in furtherance of the biodiversity conservation purposes and goals of certain executive orders. The bill would require all state agencies, boards, and commissions to consider and prioritize the protection of biodiversity in carrying out their statutory mandates. The bill would require strategies related to the goal of the state to conserve at least 30% of California’s land and coastal waters by 2030 to be made available to the public and provided to certain legislative committees by no later than June 30, 2022. Referred to the Assembly Water, Parks, and Wildlife Committee as well as the Assembly Accountability and Administrative Review Committee. Watch Guiding Principles: Oppose redundant regulatory and legislative requirements that cause undue constraints on efficient operations ACC-OC - NYC LOCC - Watch CASA - Watch CSDA - Watch ACWA - NYC OC San State Bills of Interest BILL AUTHOR SUMMARY LATEST ACTION OCSD POSITION LEGISLATIVE PLAN OTHER POSITIONS AB 602 Grayson [D]Would, among other things, require, on and after January 1, 2022, a city, county, or special district that conducts an impact fee nexus study to follow specific standards and practices, including, but not limited to, (1) that prior to the adoption of an associated development fee or exaction, an impact fee nexus study be adopted, (2) that the study identify the existing level of service for each assessed impact, identify the proposed new level of service, explain the level of metric being used, and include a finding of why the new level of service is necessary, and (3) that a fee levied or imposed on a housing development project by a local agency be proportionate to the square footage of the proposed unit or units. The bill would also require a city, county, or special district to post a written fee schedule or a link directly to the written fee schedule on its internet website. Currently in the Assembly Local Government Committee and has not yet been assigned a hearing date. Watch Legislative and Regulatory Policies: Special Districts - Oppose further state regulations that adversely impact special district financing, operations, and administration. ACC-OC - NYC LOCC - Watch CASA - Watch CSDA - Watch ACWA - NYC AB 622 Friedman [D]Current law, to protect public health and water quality, regulates a broad range of consumer products and processes, including water softeners, water treatment devices, and backflow prevention devices, among others.This bill would require, on or before January 1, 2024, that all washing machines sold as new in California contain a microfiber filtration system with a mesh size of 100 microns or smaller. Currently in the Assembly Environmental Safety and Toxic Materials Committee. Will be heard on April 7. Watch State Priorities: Support legislation or regulations that restrict the use of microplastics and chemicals of emerging concern in any product that is disposed of through the sewer system. ACC-OC - NYC LOCC - Watch CASA - Watch CSDA - NYC ACWA - NYC AB 652 Friedman [D]Would, on and after July 1, 2023, prohibit a person, including a manufacturer, from selling or distributing in commerce in this state any new, not previously owned, juvenile product, as defined, that contains perfluoroalkyl and polyfluoroalkyl substances (PFAS) at a detectable level above an unspecified amount. The bill would establish requirements for manufacturers when replacing PFAS in juvenile products. Currently in the Assembly Environmental Safety and Toxic Materials Committee. Will be heard on April 7. Watch State Priorities: Monitor state legislation as well as State Water Resources Control Board (SWRCB) regulatory activity related to PFAS. ACC-OC - NYC LOCC - Watch CASA - Watch CSDA - NYC ACWA - NYC OC San State Bills of Interest BILL AUTHOR SUMMARY LATEST ACTION OCSD POSITION LEGISLATIVE PLAN OTHER POSITIONS AB 703 Rubio [D]Current law, by Executive Order N-29-20, suspends the Ralph M. Brown Act’s requirements for teleconferencing during the COVID-19 pandemic, provided that notice requirements are met, the ability of the public to observe and comment is preserved, as specified, and that a local agency permitting teleconferencing have a procedure for receiving and swiftly resolving requests for reasonable accommodation for individuals with disabilities, as specified. This bill would remove the requirements of the act particular to teleconferencing and allow for teleconferencing subject to existing provisions regarding the posting of notice of an agenda and the ability of the public to observe the meeting and provide public comment. The bill would require that, in each instance in which notice of the time of the teleconferenced meeting is otherwise given or the agenda for the meeting is otherwise posted, the local agency also give notice of the means by which members of the public may observe the meeting and offer public comment and that the legislative body have and implement a procedure for receiving and swiftly resolving requests for reasonable accommodation for individuals with disabilities, consistent with the federal Americans with Disabilities Act, as provided. Currently in the Assembly Local Government Committee and has not yet been assigned a hearing date. Watch Legislative and Regulatory Policies: Special Districts - Oppose further state regulations that adversely impact special district financing, operations, and administration. ACC-OC - NYC LOCC - Watch CASA - Watch CSDA - Watch ACWA - Support AB 802 Bloom [D]Would require the Water Resources Control Board to identify the best available control technology for filtering microfibers from an industrial, institutional, or commercial laundry facility on or before an unspecified date, and would require the state board to consult with owners and operators of laundry facilities on the types of filtration systems currently in use and with universities, scientific organizations, and experts on plastic pollution in identifying the best available control technology. The bill would also require, on or before an unspecified date, any entity that operates an industrial, institutional, or commercial laundry facility to adopt the use of the best available control technology to capture microfibers that are shed during washing. Currently in the Assembly Environmental Safety and Toxic Materials Committee. Watch State Priorities: Support legislation or regulations that restrict the use of microplastics and chemicals of emerging concern in any product that is disposed of through the sewer system. ACC-OC - NYC LOCC - Watch CASA - Watch CSDA - NYC ACWA - Favor 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. Currently in the Assembly Environmental Safety and Toxic Materials Committee and will be heard on April 7. Support Legislative and Regulatory Policies: Source Control - Support legislation that regulates the disposal of flushable wipes. ACC-OC - NYC LOCC - Support CASA - Sponsor CSDA - Support ACWA - Support OC San State Bills of Interest BILL AUTHOR SUMMARY LATEST ACTION OCSD POSITION LEGISLATIVE PLAN OTHER POSITIONS AB 1001 C. Garcia [D]Would require the California Environmental Protection Agency, on or before May 1, 2022, to publish, maintain, and update a list of overburdened communities, as defined. The bill would, on or after July 1, 2022, require a permitting agency to take certain actions for an application for a new environmental permit, as defined, or the renewal of an environmental permit for a facility located in an overburdened community. The bill would require a permit applicant to prepare an environmental justice impact statement, to conduct a public hearing in the overburdened community, and to transmit the environmental justice impact statement to the permitting agency. Currently in the Assembly Natural Resources Committee Watch Legislative and Regulatory Policies: Air Quality - Support measures that maintain and enhance local decision-making authority, where appropriate, in the development and implementation of air quality attainment strategies. ACC-OC - NYC LOCC - Watch CASA - Concerns CSDA - NYC ACWA - NYC AB 1200 Ting [D]Would prohibit, beginning January 1, 2022, any person from distributing, selling, or offering for sale in the state any food packaging that contains intentionally added perfluoroalkyl and polyfluoroalkyl substances or PFAS, as defined. The bill would define “food packaging,” in part, to mean a nondurable package, packaging component, or food service ware that is comprised, in substantial part, of paper, paperboard, or other materials originally derived from plant fibers. Currently in the Assembly Environmental Safety and Toxic Materials Committee and will be heard on April 7. Watch State Priorities: Monitor state legislation as well as State Water Resources Control Board (SWRCB) regulatory activity related to PFAS. ACC-OC - NYC LOCC - Watch CASA - Support CSDA - Watch ACWA - NYC AB 1271 Ting [D]Current law, beginning January 1, 2021, imposes a penalty for violation of specified surplus land provisions after a local agency receives the notification from the Department of Housing and Community Development and a penalty for subsequent violations. Current law authorizes specified entities or persons to bring an action against a local agency to enforce the provisions related to surplus land and allows a local agency 60 days to cure or correct an alleged violation before the action may be brought, except as specified. This bill would provide that these surplus land provisions do not preclude a local agency that purchases surplus land from a disposing agency from reconveying the surplus land to a nonprofit or for-profit housing developer for development of low- and moderate-income housing as authorized under other provisions of law. Currently in the Assembly Local Government Committee and has not yet been assigned a hearing date. Watch Legislative and Regulatory Policies: Special Districts - Oppose further state regulations that adversely impact special district financing, operations, and administration. ACC-OC - NYC LOCC - Watch CASA - Oppose CSDA - Watch ACWA - NYC AB 1296 Kamlager [D]Curent law establishes the South Coast Air Quality Management District as the district with the responsibility for controlling air pollution from sources other than vehicular sources in the South Coast Air Basin. Current law establishes a district board consisting of 13 members to govern the south coast district. Current law requires one member of the district board to be appointed by the Senate Committee on Rules and one member to be appointed by the Speaker of the Assembly. This bill would increase the number of members of the district board of the south coast district to 15 members by adding 2 environmental justice appointees, one appointed by the Senate Committee on Rules and one appointed by the Speaker of the Assembly. Currently in the Assembly Natural Resources Committee and has not been assigned a hearing date Watch Legislative and Regulatory Policies: Air Quality - Support measures that maintain and enhance local decision-making authority, where appropriate, in the development and implementation of air quality attainment strategies. ACC-OC - NYC LOCC - Watch CASA - NYC CSDA - Watch ACWA - NYC OC San State Bills of Interest BILL AUTHOR SUMMARY LATEST ACTION OCSD POSITION LEGISLATIVE PLAN OTHER POSITIONS AB 1434 Friedman [D]Would establish, beginning January 1, 2023, until January 1, 2025, the standard for indoor residential water use as 48 gallons per capita daily. The bill would establish, beginning January 1, 2025, the standard as 44 gallons per capita daily and, beginning January 1, 2030, 40 gallons per capita daily. The bill would eliminate the requirement that the department, in coordination with the state board, conduct necessary studies and investigations and jointly recommend to the Legislature a standard for indoor residential water use. Currently in the Assembly Water, Parks, and Wildlife Committee and has not yet been assigned a hearing date. Watch Legislative and Regulatory Policies: Water Quality and Supply - Support legislation and regulation that promote improved water use efficiency through state assistance in evaluating and implementing new programs and technologies and increasing public awareness of water use efficiency ACC-OC - NYC LOCC - Watch CASA - Watch CSDA - No Position ACWA - Oppose AB 1500 E. Garcia [D]Would enact the Safe Drinking Water, Wildfire Prevention, Drought Preparation, Flood Protection, Extreme Heat Mitigation, and Workforce Development Bond Act of 2022, which, if approved by the voters, would authorize the issuance of bonds in the amount of $6,700,000,000 pursuant to the State General Obligation Bond Law to finance projects for safe drinking water, wildfire prevention, drought preparation, flood protection, extreme heat mitigation, and workforce development programs. Currently in the Assembly Water, Parks, and Wildlife Committee and will be heard on April 8. Watch Guiding Principles: Seek funds for OCSD projects through grants, appropriations, or other means ACC-OC - NYC LOCC - Watch CASA - Watch CSDA - Support if Amended ACWA - Support if Amended 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. Passed the Senate Natural Resources and Water Committee and is currently in the Senate Governance and Finance Committee Watch Guiding Principles: Seek funds for OCSD projects through grants, appropriations, or other means ACC-OC - NYC LOCC - Watch CASA - Watch CSDA - Support if Amended ACWA - Support if Amended SB 54 Allen [D]Would establish the Plastic Pollution Producer Responsibility Act, which would prohibit producers of single-use, disposable packaging or single- use, disposable food service ware products from offering for sale, selling, distributing, or importing in or into the state such packaging or products that are manufactured on or after January 1, 2032, unless they are recyclable or compostable. Currently in the Senate Environmental Quality Committee and will be heard on April 12. Watch State Priorities: Support legislation or regulations that restrict the use of microplastics in any product that is disposed of through ACC-OC - NYC LOCC - Watch CASA - Watch CSDA - Watch ACWA - NYC OC San State Bills of Interest BILL AUTHOR SUMMARY LATEST ACTION OCSD POSITION LEGISLATIVE PLAN OTHER POSITIONS SB 95 Skinner Would provide for COVID-19 supplemental paid sick leave for covered employees, as defined, who are unable to work or telework due to certain reasons related to COVID-19, including that the employee has been advised by a health care provider to self-quarantine due to concerns related to COVID-19. The bill would entitle a covered employee to 80 hours of COVID-19 supplemental paid sick leave if that employee either works full time or was scheduled to work, on average, at least 40 hours per week for the employer in the 2 weeks preceding the date the covered employee took COVID-19 supplemental paid sick leave. The bill would provide a different calculation for supplemental paid sick leave for a covered employee who is a firefighter subject to certain work schedule requirements and for a covered employee working fewer or variable hours, as specified. Signed into law Watch Legislative and Regulatory Policies: Special Districts - Oppose further state regulations that adversely impact special district financing, operations, and administration. ACC-OC - NYC LOCC - Watch CASA - Watch CSDA - Oppose 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. Passed the Senate Environmental Quality Committee and is currently in the Senate Appropriations 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 - Watch CASA - Watch CSDA - Support ACWA - Favor 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. Passed the Senate Governance and Finance Committee and is currently in the Senate Environmental Quality Committee and will be heard on April 12 Watch Legislative and Regulatory Policies: Special Districts - Oppose further state regulations that adversely impact special district financing, operations, and administration. ACC-OC - NYC LOCC - Watch CASA - Co- sponsor CSDA - Support 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. Currently in the Senate Governance and Finance Committee and will be heard on March 25 Watch Legislative and Regulatory Policies: Special Districts - Oppose further state regulations that adversely impact special district financing, operations, and administration. ACC-OC - NYC LOCC - Watch CASA - Watch CSDA - Watch ACWA - Favor SB 323 Caballero [D]Current law prohibits a local agency from imposing fees for specified purposes, including fees for water or sewer connections, as defined, that exceed the estimated reasonable cost of providing the service for which the fee is charged, unless voter approval is obtained. Current law provides that a local agency levying a new a water or sewer connection fee or increasing a fee must do so by ordinance or resolution. Current law requires, for specified fees, including water or sewer connection fees, any judicial action or proceeding to attack, review, set aside, void, or annul an ordinance, resolution, or motion adopting a new fee or service charge or modifying an existing fee or service charge to be commenced within 120 days of the effective date of the ordinance, resolution, or motion according to specified procedures for validation proceedings. This bill would apply the same judicial action procedure and timelines, as stated above, to ordinances, resolutions, or motions adopting, modifying, or amending water or sewer service fees or charges adopted after January 1, 2022, except as provided. Passed the Senate Governance and Finance Committee and is currently in the Senate Judiciary 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 - Support CASA - Watch CSDA - Support ACWA - Sponsor SB 351 Caballero [D]Current law establishes the State Water Resources Control Board for the purposes of providing for the orderly and efficient administration of the water resources of the state. This bill, the Water Innovation Act of 2021, would create the Office of Water Innovation at the California Water Commission for the furtherance of new technologies and other innovative approaches in the water sector. The bill would require the office, by December 31, 2023, to take specified measures to advance innovation in the water sector. The bill would make findings and declarations regarding the need for water innovation. Currently in the Senate Natural Resources and Water Committee and will be heard on April 15 Watch Legislative and Regulatory Policies: Biosolids and Biogas - Support streamlined legislation, regulations and policies that encourage the procurement of biogas, biosolids, and compost ACC-OC - NYC LOCC - Watch CASA - Watch CSDA - Support ACWA - Favor OC San State Bills of Interest BILL AUTHOR SUMMARY LATEST ACTION OCSD POSITION LEGISLATIVE PLAN OTHER POSITIONS SB 695 Ochoa Bogh [R]Would prohibit a local agency from imposing a housing impact requirement adopted by the local agency on a housing development project, as defined, unless specified requirements are satisfied by the local agency, including that the local agency prepare and adopt a nexus study, as specified. The bill, for purposes of these provisions, defines “housing impact requirement” as a fee imposed under the Mitigation Fee Act, dedications of parkland or in-lieu fees imposed under the Quimby Act, or a construction excise tax.This bill would require a local agency to adopt a nexus study that is used to demonstrate compliance with these provisions, subject to specified public participation requirements.This bill would prohibit a housing impact requirement from exceeding the amount necessary to maintain the existing level of service identified in the nexus study for the type of capital facility for which the housing impact requirement is imposed. Currently in the Senate Governance and Finance Committee and has not yet been assinged a hearing date. Watch Legislative and Regulatory Policies: Special Districts - Oppose further state regulations that adversely impact special district financing, operations, and administration. ACC-OC - NYC LOCC - Watch CASA - Oppose CSDA - Watch ACWA - NYC SB 791 Cortese [D]Would, upon appropriation by the Legislature, establish the California Surplus Land Authority with the primary purpose of facilitating the development and construction of residential housing on state and local surplus property, as defined. In this regard, the bill would authorize the authority to, among other things, provide advice, technical assistance, and consultative and technical service to local agencies with surplus land and developers that seek to develop housing on the surplus land; raise, administer, and allocate funding to facilitate the development of residential housing on surplus land; assist developers and local agencies in becoming more attractive applicants for financing through financial instruments, including credit enhancements, letters of credit, insurance, and guarantees; and enter into joint ventures with local agencies and developers to develop and manage housing developments on surplus land. Currently in the Senate Housing Committee and will be heard on April 15 Watch Legislative and Regulatory Policies: Special Districts - Oppose further state regulations that adversely impact special district financing, operations, and administration. ACC-OC - NYC LOCC - Watch CASA - Oppose CSDA - No Position 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 OC San'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. TBD if FY 2021 Grant Applications will be available TBD TBD 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. OC IRWM expected to receive $7.5 million total, in 2022. 50%NA. Will return in 2021/2022 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 3/23/2021 OC San'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 3/23/2021 4/6/2021 1 LEGISLATIVE AND PUBLIC AFFAIRS COMMITTEE FEDERAL UPDATE April 12, 2021 THE ISSUES Infrastructure Appropriations Delegation Visits 1 2 4/6/2021 2 INFRASTRUCTURE Biden American Jobs Plan‐‐$2.2 Trillion Aging Infrastructure: $56 billion PFAS cleanup: $10 billion Resiliency: $100 billion Drinking water and Wastewater infrastructure act (S. 914)  Clean Water SRF $16 billion Water Quality Protection and Job Creation Act Clean Water SRF $40 billion PFAS Pretreatment $1 billion FISCAL YEAR 2022 BUDGET Administration Budget: May? American Jobs Plan Impact on Budget Clean Water Program Spending Robust But… Disadvantaged Communities PFAS  Climate Resiliency  Community Projects Assistance 3 4 4/6/2021 3 DELEGATION VISITS Virtual Meetings Convened With Members/Staff Briefed On OC San Priorities Reviewed Pending Infrastructure Policymaking and Impacts  on OC San Questions 5 6 4/6/2021 1 WWW.TOWNSENDPA.COM SACRAMENTO • WASHINGTON, DC NORTHERN CALIFORNIA • CENTRAL CALIFORNIA • SOUTHERN CALIFORNIA TPA Presentation to: Orange County Sanitation District April 12, 2021 Slide 2 Agenda Legislative Calendar Specific Legislation 1 2 4/6/2021 2 Slide 3 Legislative Calendar • Legislature returned from Spring Recess on April 5 • Policy Committee deadline for fiscal bills is April 30 • Policy Committees deadline for non-fiscal bills is May 7 • Budget subcommittees still meeting to discuss the Governor’s January Budget • Bill limits Slide 4 AB 59 (Gabriel) •Details: o Changes the statute of limitations for legal challenges for new or increased connection or capacity fees o Could result in legal challenges years after fees schedules are implemented o Would require that fees collected in excess of the amount needed to provide the service be refunded back to the ratepayers o Establishes that data cannot be used to defend the protest that was not made available to the public •Status o Referred to the Assembly Local Government Committee and the Assembly Housing and Community Development Committee o Has not yet been assigned a hearing date o OC San staff recommended position: Oppose 3 4 4/6/2021 3 Slide 5 AB 339 (Lee) •Details: o Would require a local agency to provide a call-in or internet-based service for public meetings that includes a closed captioning feature o Would require that local agencies translate agendas and meeting instructions into languages that are spoken by 5 percent of the local agency's jurisdiction o Would also require local agencies have translation services available at public meetings for all languages that are spoken by 5 percent of the local agency’s jurisdiction •Status o Has not yet been heard in Committees o OC San staff recommended position: Oppose Slide 6 AB 361 (Rivas) •Details: o Will provide additional flexibility for local city councils, boards, commissions, and other agencies to meet remotely via video and teleconference during a local emergency that makes meeting in person unsafe o Codifies the Governor’s executive orders N-25-20, N-29-20, and N-35-20 o During a declared emergency, local agencies would be required to hold a meeting and declare that in-person meetings are unsafe for one or more members of the legislative body •Status o Referred to the Assembly Local Government Committee o Has not yet been assigned a hearing o OC San staff recommendation: Support 5 6 4/6/2021 4 Slide 7 AB 622 (Friedman) •Details: o Would require, on or before January 1, 2024, that all washing machines sold as new in California contain a microfiber filtration system with a mesh size of 100 microns or smaller. •Status o Referred to the Assembly Environmental Safety and Toxic Materials Committee o Will be heard on April 21 o OC San staff recommended position: Support Slide 8 AB 802 (Bloom) •Details: o Would require the State Water Resources Control Board to identify the best available control technology for filtering microfibers from an industrial, institutional, or commercial laundry facility o Require, on or before an unspecified date, any entity that operates an industrial, institutional, or commercial laundry facility to adopt the use of the best available control technology to capture microfibers that are shed during washing o Additional amendments are expected •Status o Referred to the Assembly Environmental Safety and Toxic Materials Committee o Has not yet been assigned a hearing o OC San staff recommended position: Watch 7 8 4/6/2021 5 Slide 9 SB 95 (Skinner) •Details: o Reestablishes the COVID-19 supplemental paid sick leave for employers with more than 25 employees o Provides up to two weeks or 80 hours of COVID-19 supplemental leave to eligible employees through September 2021 o Specifies that the total number of hours under COVID-19 supplemental paid sick leave is in addition to any paid sick leave that may be available under existing law •Status o Signed into law by Governor Newsom. Currently in effect o OC San is in compliance with the new law Slide 10 OC San Advocacy Days - Sacramento • TPA and staff are working on scheduling a virtual advocacy days for OC San in Sacramento • Tentatively set to take place over multiple days toward the end of April • Targeting meetings with the following: o Senator Newman o Senator Min o Assembly Member Rivas/Senator Hertzberg – AB 377 o Senator Laird – SB 619 o Senate Environmental Quality Committee Staff – Microplastics o PFAS regulators – Source identification and biosolids 9 10 4/6/2021 6 Slide 11 Thank You Cori Takkinen Eric O’Donnell Southern California Senior Director Senior Associate CTakkinen@townsendpa.com EODonnell@townsendpa.com www.townsendpa.com www.townsendpa.com 11 LEGISLATIVE AND PUBLIC AFFAIRS COMMITTEE Agenda Report Administration Building 10844 Ellis Avenue Fountain Valley, CA 92708 (714) 593-7433 File #:2021-1553 Agenda Date:4/12/2021 Agenda Item No:3. FROM:James D. Herberg, General Manager SUBJECT: ASSEMBLY BILL POSITIONS: AB 59 (GABRIEL) AND AB 339 (LEE) - OPPOSE; AB 361 (RIVAS) AND AB 622 (BLOOM) - SUPPORT GENERAL MANAGER'S RECOMMENDATION RECOMMENDATION: Approve position letters for: AB 59 Mitigation Fee Act: fees: notice and timelines. (Gabriel) - Oppose AB 339 State and local government: open meetings. (Lee) - Oppose AB 361 Open meetings: local agencies: teleconferences. (Rivas) - Support AB 622 Washing machines: microfiber filtration. (Bloom) - Support BACKGROUND AB 59 (Gabriel)-Oppose AB 59 would make it more difficult for the Orange County Sanitation District (OC San)to sustainably plan for future infrastructure and public service projects due to the increase in potential liability and legal costs that would emerge.AB 59 would repeal Government Code §66022,which establishes a 120-day statute of limitations for legal challenges to new or increased connection fees or capacity charges.AB 59 also requires a protest to be filed within 90 days after the imposition of the connection fee or capacity charge on the applicant and an action to attack,review,set aside,void,or annul the imposition of the fees to be filed within 180 days after delivery of a specified notice by the local agency. AB 339 (Lee)-Oppose If passed,AB 339 would require that OC San provide translation services at its meetings to all languages that are spoken by at least 5 percent of the population of its jurisdiction.OC San represents 2.6 million people in central and northwest Orange County.Our vast and diverse population would most likely result in an untenable cost to provide translation services in an unknown number of languages.Also,the bill does not address how local public agencies would know which languages are spoken by 5 percent of the population, who do not also speak English. Additionally,AB 339 would require OC San to provide a call-in option or an internet-based service option that provides closed captioning services at its meetings that are public.While this goal is rooted in good intentions of improving public access to all members of the community,including those with disabilities, the bill ignores technological burdens this may have on local public agencies. Orange County Sanitation District Printed on 4/6/2021Page 1 of 3 powered by Legistar™ File #:2021-1553 Agenda Date:4/12/2021 Agenda Item No:3. AB 361 (Rivas)-Support AB 361 would allow local agencies to safely meet remotely during an emergency.The changes to the law included in AB 361 are what have allowed local agencies to continue to operate while also complying with important public health directives issued by officials during the COVID-19 pandemic. By enshrining these provisions in statute,this bill ensures that local agencies would continue to be able to remain safe in future emergencies including those that threaten public health. AB 622 (Friedman)-Support AB 622 would require that,by 2024,all washing machines sold as new in California contain a microfiber filtration system with a mesh size of 100 microns or smaller.As stewards of our natural resources,one of OC San’s goals is to prevent or reduce the amount of pollution entering our environment.Microfibers and other forms of microplastics are incredibly difficult to remove from the wastewater stream,whether through traditional wastewater treatment and discharge or even advanced indirect potable reuse.These microplastics could eventually make their way through the treatment process and subsequently be discharged into the ocean or other bodies of water. 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 It is important to have a strong advocacy program to ensure that the needs of OC San and the entire industry as a whole are highly regarded and protected. PROPOSED SOLUTION Staff has drafted the following position letters for the Committee’s consideration: ·AB 59 (Gabriel) - Oppose ·AB 339 (Lee) - Oppose ·AB 361 (Rivas) - Support ·AB 622 (Bloom) - Support TIMING CONCERNS It is important that OC San has a voice and is seen as a leader on the issues that could have an effect on OC San and the entire wastewater industry. RAMIFICATIONS OF NOT TAKING ACTION OC San’s positions could not be heard and not taken into consideration therefore legislation could pass or conversely not pass and have a negative effect on OC San and the entire industry. Orange County Sanitation District Printed on 4/6/2021Page 2 of 3 powered by Legistar™ File #:2021-1553 Agenda Date:4/12/2021 Agenda Item No:3. ATTACHMENT The following attachment(s) may be viewed on-line at the OC San website (www.ocsan.gov <http://www.ocsan.gov>) with the complete agenda package: ·Letter of Opposition for Assembly Bill 59 ·Assembly Bill 59 ·Letter of Opposition for Assembly Bill 339 ·Assembly Bill 339 ·Letter of Support for Assembly Bill 361 ·Assembly Bill 361 ·Letter of Support for Assembly Bill 622 ·Assembly Bill 622 Orange County Sanitation District Printed on 4/6/2021Page 3 of 3 powered by Legistar™ April 12, 2021 The Honorable Jesse Gabriel California State Assembly State Capitol, Room 4117 Sacramento, CA 95814 RE: Orange County Sanitation District Oppose for Assembly Bill 59 (Gabriel) Dear Assembly Member Gabriel: The Orange County Sanitation District (OC San) opposes Assembly Bill (AB) 59 related to statute of limitations for fee protests. 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 59 would make it more difficult for OC San to sustainably plan for future infrastructure and public service projects due to the increase in potential liability and legal costs that would emerge. AB 59 would make it easier for interested parties to file actions against OC San, make it harder for OC San to defend itself in those actions, and potentially expose OC San to more liability in actions stemming from fees and rate schedules that are adopted in accordance with current law. AB 59 would repeal section 66022 of the Government Code, which establishes a 120-day statute of limitations for legal challenges to new or increased connection fees or capacity charges. AB 59 also requires a protest to be filed within 90 days after the imposition of the connection fee or capacity charge on the applicant and an action to attack, review, set aside, void, or annul the imposition of the fees to be filed within 180 days after delivery of a specified notice by the local agency. These provisions are concerning for OC San’s planning of future critical infrastructure projects. Without a secure and stable source of revenue with reasonable expectations of its sustainability, OC San cannot provide the high-quality wastewater recovery and treatment services that our customers expect and deserve. If fee protests do not have a fair and sensible statute of limitations from the time they are officially adopted by the Board of Directors, frivolous and reckless lawsuits in the future can jeopardize OC San’s mission to protect public health and the environment. For these reasons, the Orange County Sanitation District is opposed to AB 59. Please do not hesitate to contact Jennifer Cabral, OC San’s Administration Manager at (714) 593-7581 or via email at jcabral@ocsan.gov should you have any questions. Sincerely, David John Shawver Board Chairman cc: Orange County Legislative Delegation california legislature—2021–22 regular session ASSEMBLY BILL No. 59 Introduced by Assembly Member Gabriel December 7, 2020 An act to amend Sections 66013, 66014, 66016, 66019, and 66020 of, and to repeal Section 66022 of, the Government Code, relating to land use. legislative counsel’s digest AB 59, as introduced, Gabriel. Mitigation Fee Act: fees: notice and timelines. The Mitigation Fee Act authorizes a local agency to establish, increase, or impose a variety of fees, dedications, reservations, or other exactions for services, and in connection with the approval of a development project, as defined. Existing law prohibits a local agency from imposing fees for specified purposes, including fees for water or sewer connections, capacity charges, zoning variances or changes, use permits, and building inspections or permits, among others, that exceed the estimated reasonable cost of providing the service for which the fee is charged, unless voter approval is obtained. Existing law requires fees or service charges that create revenues in excess of actual cost to be used to reduce the fee or service charge. Existing law requires a local agency, before levying or increasing a fee or service charge, to hold at least one open and public meeting and requires that notice of the time and place of the meeting be mailed at least 14 days prior to the meeting to any interested party who files a written request with the local agency for mailed notice of the meeting on new or increased fees or service charges. Existing law additionally requires the local agency to make available to the public, at least 10 days prior to the meeting, the data 99 indicating the amount of cost, or estimated cost, required to provide the service for which the fee or service charge is levied and the revenue sources anticipated to provide the service, as specified. Existing law also authorizes the local agency to provide notice via electronic notification to those who specifically request it, and authorizes the legislative body of a local agency to establish a reasonable annual charge for sending notices based on the estimated cost of providing the service. Existing law authorizes any party to protest the imposition of a fee, dedication, reservation, or other exactions imposed on a development project within 90 or 120 days of the imposition of the fee, as applicable, and specifies procedures for those protests and actions. The act imposes the same requirements on a local agency for a new or increased fee for public facilities. Existing law, for specified fees, requires any judicial action or proceeding to attack, review, set aside, void, or annul an ordinance, resolution, or motion adopting a new fee or service charge or modifying an existing fee or service charge to be commenced within 120 days of the effective date of the ordinance, resolution, or motion. Existing law also provides that, if an ordinance, resolution, or motion provides for an automatic adjustment in a fee or service charge and the adjustment results in an increase in the fee or service charge, that any action to attack, review, set aside, void, or annul the increase to be commenced within 120 days of the increase. 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. The bill would require the local agency to make that information available to the public at least 30 days before the meeting. The bill would require a local agency to additionally make available to the public all of the data demonstrating the requisite relationship between the amount of a fee for public facilities and the need for the public facilities. The bill would require the data to also be made available to the public on the local agency’s internet website. The bill would authorize interested parties to file an electronic request to receive the notice of the meeting time and place, and would require the local agency to mail or electronically send the notice as requested by the party. The bill would prohibit the legislative body of a local agency from establishing a reasonable annual charge for sending electronic notices. The bill would prohibit a local agency, when defending a protest or action filed for a fee or service charge, or for fees for specified public facilities, from using as evidence, or relying on in any way, data not made available to 99 — 2 — AB 59 the public pursuant to these provisions. The bill would require revenues in excess of actual cost to be used to reimburse the payor of the fee or service charge. This bill would also delete the provisions requiring a judicial action or proceeding to attack, review, set aside, void, or annul an ordinance within 120 days of the effective date of the ordinance or increase, as applicable. The bill would instead require a judicial action or proceeding to be conducted in accordance with other procedures that, among other things, require a protest to be filed within 90 days after the imposition of the fees and an action to attack, review, set aside, void, or annul the imposition of the fees to be filed within 180 days after delivery of a specified notice by the local agency. By imposing new duties on local agencies, the bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason. Vote: majority. Appropriation: no. Fiscal committee: yes.​ State-mandated local program: yes.​ The people of the State of California do enact as follows: line 1 SECTION 1. Section 66013 of the Government Code is line 2 amended to read: line 3 66013. (a)  Notwithstanding any other provision of law, when line 4 a local agency imposes fees for water connections or sewer line 5 connections, or imposes capacity charges, those fees or charges line 6 shall not exceed the estimated reasonable cost of providing the line 7 service for which the fee or charge is imposed, unless a question line 8 regarding the amount of the fee or charge imposed in excess of line 9 the estimated reasonable cost of providing the services or materials line 10 is submitted to, and approved by, a popular vote of two-thirds of line 11 those electors voting on the issue. line 12 (b)  As used in this section: line 13 (1)  “Sewer connection” means the connection of a structure or line 14 project to a public sewer system. 99 AB 59 — 3 — line 1 (2)  “Water connection” means the connection of a structure or line 2 project to a public water system, as defined in subdivision (h) of line 3 Section 116275 of the Health and Safety Code. line 4 (3)  “Capacity charge” means a charge for public facilities in line 5 existence at the time a charge is imposed or charges for new public line 6 facilities to be acquired or constructed in the future that are of line 7 proportional benefit to the person or property being charged, line 8 including supply or capacity contracts for rights or entitlements, line 9 real property interests, and entitlements and other rights of the line 10 local agency involving capital expense relating to its use of existing line 11 or new public facilities. A “capacity charge” does not include a line 12 commodity charge. line 13 (4)  “Local agency” means a local agency as defined in Section line 14 66000. line 15 (5)  “Fee” means a fee for the physical facilities necessary to line 16 make a water connection or sewer connection, including, but not line 17 limited to, meters, meter boxes, and pipelines from the structure line 18 or project to a water distribution line or sewer main, and the line 19 estimated reasonable cost of labor and materials for installation of line 20 those facilities bears a fair or reasonable relationship to the payor’s line 21 burdens on, or benefits received from, the water connection or line 22 sewer connection. line 23 (6)  “Public facilities” means public facilities as defined in line 24 Section 66000. line 25 (c)  A local agency receiving payment of a charge as specified line 26 in paragraph (3) of subdivision (b) shall deposit it in a separate line 27 capital facilities fund with other charges received, and account for line 28 the charges in a manner to avoid any commingling with other line 29 moneys of the local agency, except for investments, and shall line 30 expend those charges solely for the purposes for which the charges line 31 were collected. Any interest income earned from the investment line 32 of moneys in the capital facilities fund shall be deposited in that line 33 fund. line 34 (d)  For a fund established pursuant to subdivision (c), a local line 35 agency shall make available to the public, within 180 days after line 36 the last day of each fiscal year, the following information for that line 37 fiscal year: line 38 (1)  A description of the charges deposited in the fund. line 39 (2)  The beginning and ending balance of the fund and the line 40 interest earned from investment of moneys in the fund. 99 — 4 — AB 59 line 1 (3)  The amount of charges collected in that fiscal year. line 2 (4)  An identification of all of the following: line 3 (A)  Each public improvement on which charges were expended line 4 and the amount of the expenditure for each improvement, including line 5 the percentage of the total cost of the public improvement that was line 6 funded with those charges if more than one source of funding was line 7 used. line 8 (B)  Each public improvement on which charges were expended line 9 that was completed during that fiscal year. line 10 (C)  Each public improvement that is anticipated to be undertaken line 11 in the following fiscal year. line 12 (5)  A description of each interfund transfer or loan made from line 13 the capital facilities fund. The information provided, in the case line 14 of an interfund transfer, shall identify the public improvements on line 15 which the transferred moneys are, or will be, expended. The line 16 information, in the case of an interfund loan, shall include the date line 17 on which the loan will be repaid, and the rate of interest that the line 18 fund will receive on the loan. line 19 (e)  The information required pursuant to subdivision (d) may line 20 be included in the local agency’s annual financial report. line 21 (f)  The provisions of subdivisions (c) and (d) shall not apply to line 22 any of the following: line 23 (1)  Moneys received to construct public facilities pursuant to a line 24 contract between a local agency and a person or entity, including, line 25 but not limited to, a reimbursement agreement pursuant to Section line 26 66003. line 27 (2)  Charges that are used to pay existing debt service or which line 28 are subject to a contract with a trustee for bondholders that requires line 29 a different accounting of the charges, or charges that are used to line 30 reimburse the local agency or to reimburse a person or entity who line 31 advanced funds under a reimbursement agreement or contract for line 32 facilities in existence at the time the charges are collected. line 33 (3)  Charges collected on or before December 31, 1998. line 34 (g)  Any judicial action or proceeding to attack, review, set aside, line 35 void, or annul the ordinance, resolution, or motion imposing a fee line 36 or capacity charge subject to this section shall be brought pursuant line 37 to Section 66022. 66020. line 38 (h)  Fees and charges subject to this section are not subject to line 39 the provisions of Chapter 5 (commencing with Section 66000), 99 AB 59 — 5 — line 1 but are subject to the provisions of Sections 66016, 66022, 66020, line 2 and 66023. line 3 (i)  Subdivisions (c) and (d) only apply to capacity charges levied line 4 pursuant to this section. line 5 SEC. 2. Section 66014 of the Government Code is amended line 6 to read: line 7 66014. (a)  Notwithstanding any other provision of law, when line 8 a local agency charges fees for zoning variances; zoning changes; line 9 use permits; building inspections; building permits; filing and line 10 processing applications and petitions filed with the local agency line 11 formation commission or conducting preliminary proceedings or line 12 proceedings under the Cortese-Knox-Hertzberg Local Government line 13 Reorganization Act of 2000, Division 3 (commencing with Section line 14 56000) of Title 5; the processing of maps under the provisions of line 15 the Subdivision Map Act, Division 2 (commencing with Section line 16 66410) of Title 7; or planning services under the authority of line 17 Chapter 3 (commencing with Section 65100) of Division 1 of Title line 18 7 or under any other authority; those fees may not exceed the line 19 estimated reasonable cost of providing the service for which the line 20 fee is charged, unless a question regarding the amount of the fee line 21 charged in excess of the estimated reasonable cost of providing line 22 the services or materials is submitted to, and approved by, a popular line 23 vote of two-thirds of those electors voting on the issue. line 24 (b)  The fees charged pursuant to subdivision (a) may include line 25 the costs reasonably necessary to prepare and revise the plans and line 26 policies that a local agency is required to adopt before it can make line 27 any necessary findings and determinations. line 28 (c)   Any judicial action or proceeding to attack, review, set line 29 aside, void, or annul the ordinance, resolution, or motion line 30 authorizing the charge of a fee subject to this section shall be line 31 brought pursuant to Section 66022. 66020. line 32 SEC. 3. Section 66016 of the Government Code is amended line 33 to read: line 34 66016. (a)  Prior to levying a new fee or service charge, or line 35 prior to approving an increase in an existing fee or service charge, line 36 a local agency shall hold at least one open and public meeting, at line 37 which oral or written presentations can be made, as part of a line 38 regularly scheduled meeting. Notice of the time and place of the line 39 meeting, including a general explanation of the matter to be line 40 considered, and a statement that the data required by this section 99 — 6 — AB 59 line 1 is available, shall be mailed or delivered electronically at least 14 line 2 45 days prior to the meeting to any interested party who files a line 3 written written, including electronic, request with the local agency line 4 for mailed or electronic notice of the meeting on new or increased line 5 fees or service charges. Any written written, including electronic, line 6 request for mailed or electronic notices shall be valid for one year line 7 from the date on which it is filed unless a renewal request is filed. line 8 Renewal requests for mailed or electronic notices shall be filed line 9 on or before April 1 of each year. The legislative body may line 10 establish a reasonable annual charge for sending mailed notices line 11 based on the estimated cost of providing the service. At least 10 line 12 30 days prior to the meeting, the local agency shall make available line 13 to the public public, including on its internet website, all of the line 14 data indicating the amount of cost, or estimated cost, required to line 15 provide the service for which the fee or service charge is levied line 16 and the revenue sources anticipated to provide the service, line 17 including General Fund general fund revenues. Unless there has line 18 been voter approval, as prescribed by Section 66013 or 66014, no line 19 local agency shall levy a new fee or service charge or increase an line 20 existing fee or service charge to an amount which exceeds the line 21 estimated amount required to provide the service for which the fee line 22 or service charge is levied. If, however, the fees or service charges line 23 create revenues in excess of actual cost, those revenues shall be line 24 used to reduce reimburse the payor of the fee or service charge line 25 creating the excess. line 26 (b)  Any action by a local agency to levy a new fee or service line 27 charge or to approve an increase in an existing fee or service charge line 28 shall be taken only by ordinance or resolution. The legislative body line 29 of a local agency shall not delegate the authority to adopt a new line 30 fee or service charge, or to increase a fee or service charge. line 31 (c)  Any costs incurred by a local agency in conducting the line 32 meeting or meetings required pursuant to subdivision (a) may be line 33 recovered from fees charged for the services which were the subject line 34 of the meeting. line 35 (d)  This section shall apply only to fees and charges as described line 36 in Sections 51287, 56383, 65104, 65456, 65584.1, 65863.7, line 37 65909.5, 66013, 66014, and 66451.2 of this code, Sections 17951, line 38 19132.3, and 19852 of the Health and Safety Code, Section 41901 line 39 of the Public Resources Code, and Section 21671.5 of the Public line 40 Utilities Code. 99 AB 59 — 7 — line 1 (e)  Any judicial action or proceeding to attack, review, set aside, line 2 void, or annul the ordinance, resolution, or motion levying a fee line 3 or service charge subject to this section shall be brought pursuant line 4 to Section 66022. 66020. line 5 SEC. 4. Section 66019 of the Government Code is amended line 6 to read: line 7 66019. (a)  As used in this section: line 8 (1)  “Fee” means a fee as defined in Section 66000, but does not line 9 include any of the following: line 10 (A)  A fee authorized pursuant to Section 66013. line 11 (B)  A fee authorized pursuant to Section 17620 of the Education line 12 Code, or Sections 65995.5 and 65995.7. line 13 (C)  Rates or charges for water, sewer, or electrical services. line 14 (D)  Fees subject to Section 66016. line 15 (2)  “Party” means a person, entity, or organization representing line 16 a group of people or entities. line 17 (3)  “Public facility” means a public facility as defined in Section line 18 66000. line 19 (b)  For any fee, notice of the time and place of the meeting, line 20 including a general explanation of the matter to be considered, and line 21 a statement that the data required by this subdivision is available line 22 shall be mailed or delivered electronically at least 14 45 days prior line 23 to the first meeting to an interested party who files a written line 24 written, including electronic, request with the city, county, or city line 25 and county for mailed or electronic notice of a meeting on a new line 26 or increased fee to be enacted by the city, county, or city and line 27 county. Any written written, including electronic, request for line 28 mailed or electronic notices shall be valid for one year from the line 29 date on which it is filed unless a renewal request is filed. Renewal line 30 requests for mailed or electronic notices shall be filed on or before line 31 April 1 of each year. The legislative body of the city, county, or line 32 city and county may establish a reasonable annual charge for line 33 sending mailed notices based on the estimated cost of providing line 34 the service. The legislative body may send the notice electronically. line 35 At least 10 30 days prior to the meeting, the city, county, or city line 36 and county shall make available to the public public, including on line 37 its internet website, all of the data indicating the amount of cost, line 38 or the estimated cost, required to provide the public facilities and line 39 the revenue sources anticipated to fund those public facilities, line 40 including general fund revenues. revenues, and demonstrating the 99 — 8 — AB 59 line 1 requisite relationship between the amount of the fee and the need line 2 for the public facilities. The new or increased fee shall be effective line 3 no earlier than 60 days following the final action on the adoption line 4 or increase of the fee, unless the city, county, or city and county line 5 follows the procedures set forth in subdivision (b) of Section line 6 66017. line 7 (c)  If a city, county, or city and county receives a request for line 8 mailed notice pursuant to this section, or a local agency receives line 9 a request for mailed notice pursuant to Section 66016, the city, line 10 county, or city and county or other local agency may provide the line 11 notice via electronic mail for those who specifically request line 12 electronic mail notification. A city, county, city or county, or other line 13 local agency that provides electronic mail notification pursuant to line 14 this subdivision shall send the electronic mail notification to the line 15 electronic mail address indicated in the request. The electronic line 16 mail notification authorized by this subdivision shall operate as line 17 an alternative to the mailed notice required by this section. line 18 SEC. 5. Section 66020 of the Government Code is amended line 19 to read: line 20 66020. (a)  Any party may protest the imposition of any fees, line 21 dedications, reservations, or other exactions imposed on a line 22 development project, as defined in Section 66000, by a local agency line 23 by meeting both of the following requirements: line 24 (1)  Tendering any required payment in full or providing line 25 satisfactory evidence of arrangements to pay the fee when due or line 26 ensure performance of the conditions necessary to meet the line 27 requirements of the imposition. line 28 (2)  Serving written written, including electronic, notice on the line 29 governing body of the entity, which notice shall contain all of the line 30 following information: line 31 (A)  A statement that the required payment is tendered or will line 32 be tendered when due, or that any conditions which have been line 33 imposed are provided for or satisfied, under protest. line 34 (B)  A statement informing the governing body of the factual line 35 elements of the dispute and the legal theory forming the basis for line 36 the protest. line 37 (b)  Compliance by any party with subdivision (a) shall not be line 38 the basis for a local agency to withhold approval of any map, plan, line 39 permit, zone change, license, or other form of permission, or line 40 concurrence, whether discretionary, ministerial, or otherwise, 99 AB 59 — 9 — line 1 incident to, or necessary for, the development project. This section line 2 does not limit the ability of a local agency to ensure compliance line 3 with all applicable provisions of law in determining whether or line 4 not to approve or disapprove a development project. line 5 (c)  Where a reviewing local agency makes proper and valid line 6 findings that the construction of certain public improvements or line 7 facilities, the need for which is directly attributable to the proposed line 8 development, is required for reasons related to the public health, line 9 safety, and welfare, and elects to impose a requirement for line 10 construction of those improvements or facilities as a condition of line 11 approval of the proposed development, then in the event a protest line 12 is lodged pursuant to this section, that approval shall be suspended line 13 pending withdrawal of the protest, the expiration of the limitation line 14 period of subdivision (d) without the filing of an action, or line 15 resolution of any action filed. This subdivision confers no new or line 16 independent authority for imposing fees, dedications, reservations, line 17 or other exactions not presently governed by other law. line 18 (d)  (1)  A protest filed pursuant to subdivision (a) shall be filed line 19 at the time of approval or conditional approval of the development line 20 or within 90 days after the date of the imposition of the fees, line 21 dedications, reservations, or other exactions to be imposed on a line 22 development project. Each local agency shall provide to the project line 23 applicant a notice in writing at the time of the approval of the line 24 project or at the time of the imposition of the fees, dedications, line 25 reservations, or other exactions, a statement of the amount of the line 26 fees or a description of the dedications, reservations, or other line 27 exactions, and notification that the 90-day approval period in which line 28 the applicant may protest has begun. line 29 (2)  Any party who files a protest pursuant to subdivision (a) line 30 may file an action to attack, review, set aside, void, or annul the line 31 imposition of the fees, dedications, reservations, or other exactions line 32 imposed on a development project by a local agency within 180 line 33 days after the delivery of the notice. Thereafter, notwithstanding line 34 any other law to the contrary, all persons are barred from any action line 35 or proceeding or any defense of invalidity or unreasonableness of line 36 the imposition. Any proceeding brought pursuant to this line 37 subdivision shall take precedence over all matters of the calendar line 38 of the court except criminal, probate, eminent domain, forcible line 39 entry, and unlawful detainer proceedings. 99 — 10 — AB 59 line 1 (e)  A local agency, when defending a protest or action filed line 2 under this section for a fee described under Section 66016 or line 3 Section 66019, shall not use any evidence, or rely on in any way, line 4 data not made available to the public, including data not posted line 5 on the local agency’s internet website, pursuant to Section 66016 line 6 or Section 66019. line 7 (e) line 8 (f)  If the court finds in favor of the plaintiff in any action or line 9 proceeding brought pursuant to subdivision (d), the court shall line 10 direct the local agency to refund the unlawful portion of the line 11 payment, with interest at the rate of 8 percent per annum, or return line 12 the unlawful portion of the exaction imposed. line 13 (f) line 14 (g)  (1)  If the court grants a judgment to a plaintiff invalidating, line 15 as enacted, all or a portion of an ordinance or resolution enacting line 16 a fee, dedication, reservation, or other exaction, the court shall line 17 direct the local agency to refund the unlawful portion of the line 18 payment, plus interest at an annual rate equal to the average rate line 19 accrued by the Pooled Money Investment Account during the time line 20 elapsed since the payment occurred, or to return the unlawful line 21 portion of the exaction imposed. line 22 (2)  If an action is filed within 120 days of the date at which an line 23 ordinance or resolution to establish or modify a fee, dedication, line 24 reservation, or other exactions to be imposed on a development line 25 project takes effect, the portion of the payment or exaction line 26 invalidated shall also be returned to any other person who, under line 27 protest pursuant to this section and under that invalid portion of line 28 that same ordinance or resolution as enacted, tendered the payment line 29 or provided for or satisfied the exaction during the period from 90 line 30 days prior to the date of the filing of the action which invalidates line 31 the payment or exaction to the date of the entry of the judgment line 32 referenced in paragraph (1). line 33 (g) line 34 (h)  Approval or conditional approval of a development occurs, line 35 for the purposes of this section, when the tentative map, tentative line 36 parcel map, or parcel map is approved or conditionally approved line 37 or when the parcel map is recorded if a tentative map or tentative line 38 parcel map is not required. line 39 (h) 99 AB 59 — 11 — line 1 (i)  The imposition of fees, dedications, reservations, or other line 2 exactions occurs, for the purposes of this section, when they are line 3 imposed or levied on a specific development. line 4 SEC. 6. Section 66022 of the Government Code is repealed. line 5 66022. (a)  Any judicial action or proceeding to attack, review, line 6 set aside, void, or annul an ordinance, resolution, or motion line 7 adopting a new fee or service charge, or modifying or amending line 8 an existing fee or service charge, adopted by a local agency, as line 9 defined in Section 66000, shall be commenced within 120 days of line 10 the effective date of the ordinance, resolution, or motion. line 11 If an ordinance, resolution, or motion provides for an automatic line 12 adjustment in a fee or service charge, and the automatic adjustment line 13 results in an increase in the amount of a fee or service charge, any line 14 action or proceeding to attack, review, set aside, void, or annul the line 15 increase shall be commenced within 120 days of the effective date line 16 of the increase. line 17 (b)    Any action by a local agency or interested person under line 18 this section shall be brought pursuant to Chapter 9 (commencing line 19 with Section 860) of Title 10 of Part 2 of the Code of Civil line 20 Procedure. line 21 (c)  This section shall apply only to fees, capacity charges, and line 22 service charges described in and subject to Sections 66013, 66014, line 23 and 66016. line 24 SEC. 7. No reimbursement is required by this act pursuant to line 25 Section 6 of Article XIIIB of the California Constitution because line 26 a local agency or school district has the authority to levy service line 27 charges, fees, or assessments sufficient to pay for the program or line 28 level of service mandated by this act, within the meaning of Section line 29 17556 of the Government Code. O 99 — 12 — AB 59 April 12, 2021 The Honorable Alex Lee California State Assembly State Capitol, Room 2170 Sacramento, CA 95814 RE: Orange County Sanitation District Oppose for AB 339 (Lee) Dear Assembly Member Lee: The Orange County Sanitation District (OC San) unfortunately opposes Assembly Bill (AB) 339 related to additional services for virtual meetings and translation requirements. 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 339 would require that OC San provide a call-in option or an internet-based service option that provides closed captioning services at its meetings that are public. While this goal is rooted in good intentions of improving public access to all members of the community, including those with disabilities, the bill ignores technological burdens this would have on local public agencies. If this bill were to pass, OC San could incur possible unbudgeted costs to retrofit existing public meeting software services to accommodate this provision. More research is necessary before this goal can become a reality. Perhaps more concerning is that AB 339 also requires that OC San provide translation services at its meetings to all languages that are spoken by at least 5 percent of the population of its jurisdiction. As mentioned earlier, OC San represents 2.6 million people in central and northwest Orange County. Our vast and diverse population would most likely result in an untenable cost to provide translation services in an unknown number of languages. Furthermore, the bill does not address how local public agencies would know which languages are spoken by 5 percent of the population, who do not also speak English. OC San strives to accommodate any residents that have any language or accessibility barriers in order to provide them with quality customer services. However, mandating that local public agencies keep an unknown number of translators on staff for all public meetings, including Board Meetings and various Committee Meetings, is unreasonable. For these reasons, the Orange County Sanitation District is opposed to AB 339. Please do not hesitate to contact Jennifer Cabral, OC San’s Administration Manager at (714) 593-7581 or via email at jcabral@ocsan.gov should you have any questions. Sincerely, David John Shawver Board Chairman cc: Orange County Legislative Delegation california legislature—2021–22 regular session ASSEMBLY BILL No. 339 Introduced by Assembly Members Lee and Cristina Garcia January 28, 2021 An act to amend Sections 9027, 54953, 54954.2, 54954.3, 11122.5, 11123, 11125.7 of, and to add Sections 9027.1 and 9028.1 to, the Government Code, relating to state and local government. legislative counsel’s digest AB 339, as introduced, Lee. State and local government: open meetings. Existing 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. The bill would require all meetings to provide the public with an opportunity to comment on proposed legislation, as provided, and requires translation services to be provided for the 10 most-spoken languages, other than English, in California, and would require those persons commenting in a language other than English to have double the amount of time as those giving a comment in English, if time restrictions on public comment are utilized, except as specified. The bill would require instructions on how to attend the meeting to be posted at the time notice of the meeting is publicized, as specified. 99 Existing law, the Ralph M. Brown Act, requires, with specified exceptions, that all meetings of a legislative body of a local agency, as those terms are defined, be open and public and that all persons be permitted to attend and participate. This bill would require all meetings 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. The bill would require, even in the case of a declared state or local emergency, teleconferenced meetings to include an in-person public comment opportunity. The bill would require all meetings to provide the public with an opportunity to address the legislative body remotely via call-in or internet-based service, as provided, and would require instructions on how to attend the meeting to be posted at the time notice of the meeting is publicized, as specified. The bill would also require the legislative bodies of the local agency to employ a sufficient amount of qualified bilingual persons to provide translation during the meeting in the language of a non-English-speaking person, in jurisdictions which govern a substantial number of non-English-speaking people, as defined. Existing law, the Bagley-Keene Open Meeting Act, requires, with specified exceptions, that all meetings of a state body be open and public and all persons be permitted to attend any meeting of a state body. The Act requires at least one member of the state body to be physically present at the location specified in the notice of the meeting. This bill would require all meetings, as defined, 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. The bill would require instructions on how to attend the meeting via call-in or internet-based service to be posted online along with the meeting agenda in an easily accessible location at least 72 hours before all regular meetings and at least 24 hours before all special meetings. The bill would require all meetings to provide the public with an opportunity to address the legislative body remotely via call-in or internet-based service, as provided, and would require those persons commenting in a language other than English to have double the amount of time as those giving a comment in English, if time restrictions on public comment are utilized, except as specified. Existing law, the Dymally-Alatorre Bilingual Services Act, requires any materials explaining services available to the public to be translated 99 — 2 — AB 339 into any non-English language spoken by a substantial number of the public, as defined, served by the agency, and requires every state and local agency serving a substantial number of non-English-speaking people, as defined, to employ a sufficient number of qualified bilingual persons in public contact positions or as interpreters to ensure provision of information and services in the language of the non-English-speaking person. This bill would require legislative bodies of local agencies, and state bodies, as defined, to translate agendas and instructions for accessing the meeting to be translated into all languages for which 5% of the population in the area governed by the local agency, or state body’s jurisdiction, are speakers. By imposing new duties on local governments with respect to meetings, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason. The California Constitution requires local agencies, for the purpose of ensuring public access to the meetings of public bodies and the writings of public officials and agencies, to comply with a statutory enactment that amends or enacts laws relating to public records or open meetings and contains findings demonstrating that the enactment furthers the constitutional requirements relating to this purpose. This bill would make legislative findings to that effect. Vote: majority. Appropriation: no. Fiscal committee: yes.​ State-mandated local program: yes.​ The people of the State of California do enact as follows: line 1 SECTION 1. Section 9027 of the Government Code is amended line 2 to read: line 3 9027. Except as otherwise provided in this article, all meetings line 4 of a house of the Legislature or a committee thereof shall be open line 5 and public, and all persons shall be permitted to attend the line 6 meetings. Additionally, all meetings shall include an opportunity line 7 for all persons to attend via a call-in option or an internet-based line 8 service option that provides closed captioning services. Both a line 9 call-in and an internet-based service option shall be provided to 99 AB 339 — 3 — line 1 the public. As used in this article, “meeting” means a gathering of line 2 a quorum of the members of a house or committee in one place line 3 place, including a gathering using teleconference technology, for line 4 the purpose of discussing legislative or other official matters within line 5 the jurisdiction of the house or committee. As used in this article, line 6 “committee” includes a standing committee, joint committee, line 7 conference committee, subcommittee, select committee, special line 8 committee, research committee, or any similar body. line 9 SEC. 2. Section 9027.1 is added to the Government Code, to line 10 read: line 11 9027.1. All meetings shall provide the public with an line 12 opportunity to comment on proposed legislation, either in person line 13 or remotely via call-in or internet-based service, consistent with line 14 requirements in Section 9027. Persons commenting in person shall line 15 not have more time or in any other way be prioritized over persons line 16 commenting remotely via call-in or internet-based service. line 17 Translation services shall be provided for the 10 most-spoken line 18 languages, other than English, in California. If there are time line 19 restrictions on public comment, persons giving a public comment line 20 in a language other than English shall have double the amount of line 21 time as those giving a comment in English to allow for translation, line 22 unless simultaneous translation equipment is available. line 23 SEC. 3. Section 9028.1 is added to the Government Code, to line 24 read: line 25 9028.1. Instructions on how to attend the meeting via call-in line 26 or internet-based service shall be posted online in an easily line 27 accessible location at the time the meeting is scheduled and notice line 28 of the meeting is published. The posted instructions shall include line 29 translations into the 10 most-spoken languages, other than English, line 30 in California, and shall list a hotline that members of the public line 31 can call for assistance, with assistance in the 10 most-spoken line 32 languages provided. line 33 SEC. 4. Section 54953 of the Government Code is amended line 34 to read: line 35 54953. (a)  All meetings of the legislative body of a local line 36 agency shall be open and public, and all persons shall be permitted line 37 to attend any meeting of the legislative body of a local agency, line 38 except as otherwise provided in this chapter. Additionally, all line 39 meetings shall include an opportunity for all persons to attend via line 40 a call-in option or an internet-based service option that provides 99 — 4 — AB 339 line 1 closed-captioning services. Both a call-in and an internet-based line 2 service option shall be provided to the public. line 3 (b)  (1)  Notwithstanding any other provision of law, the line 4 legislative body of a local agency may use teleconferencing for line 5 the benefit of the public and the legislative body of a local agency line 6 in connection with any meeting or proceeding authorized by law. line 7 The teleconferenced meeting or proceeding shall comply with all line 8 requirements of this chapter and all otherwise applicable provisions line 9 of law relating to a specific type of meeting or proceeding. line 10 (2)  Teleconferencing, as authorized by this section, may be used line 11 by members of the legislative body for all purposes in connection line 12 with any meeting within the subject matter jurisdiction of the line 13 legislative body. All votes taken during a teleconferenced meeting line 14 shall be by rollcall. line 15 (3)  If the legislative body of a local agency elects to use line 16 teleconferencing, other than what is required by subdivision (a), line 17 it shall post agendas at all teleconference locations and conduct line 18 teleconference meetings in a manner that protects the statutory line 19 and constitutional rights of the parties or the public appearing line 20 before the legislative body of a local agency. Each teleconference line 21 location shall be identified in the notice and agenda of the meeting line 22 or proceeding, and each teleconference location shall be accessible line 23 to the public. During the teleconference, at least a quorum of the line 24 members of the legislative body shall participate from locations line 25 within the boundaries of the territory over which the local agency line 26 exercises jurisdiction, except as provided in subdivision (d). The line 27 agenda shall provide an opportunity for members of the public to line 28 address the legislative body directly pursuant to Section 54954.3 line 29 at each teleconference location. line 30 (4)  For the purposes of this section, “teleconference” means a line 31 meeting of a legislative body, the members of which are in different line 32 locations, connected by electronic means, through either audio or line 33 video, or both. Nothing in this section shall prohibit a local agency line 34 from providing the public with additional teleconference locations. line 35 (5)  Notwithstanding any laws that prohibit in-person government line 36 meetings in the case of a declared state of emergency, including line 37 a public health emergency, teleconferenced meetings shall include line 38 an in-person public comment opportunity, wherein members of line 39 the public can report to a designated site to give public comment line 40 in person. 99 AB 339 — 5 — line 1 (c)  (1)  No legislative body shall take action by secret ballot, line 2 whether preliminary or final. line 3 (2)  The legislative body of a local agency shall publicly report line 4 any action taken and the vote or abstention on that action of each line 5 member present for the action. line 6 (3)  Prior to taking final action, the legislative body shall orally line 7 report a summary of a recommendation for a final action on the line 8 salaries, salary schedules, or compensation paid in the form of line 9 fringe benefits of a local agency executive, as defined in line 10 subdivision (d) of Section 3511.1, during the open meeting in line 11 which the final action is to be taken. This paragraph shall not affect line 12 the public’s right under the California Public Records Act (Chapter line 13 3.5 (commencing with Section 6250) of Division 7 of Title 1) to line 14 inspect or copy records created or received in the process of line 15 developing the recommendation. line 16 (d)  (1)  Notwithstanding the provisions relating to a quorum in line 17 paragraph (3) of subdivision (b), if a health authority conducts a line 18 teleconference meeting, members who are outside the jurisdiction line 19 of the authority may be counted toward the establishment of a line 20 quorum when participating in the teleconference if at least 50 line 21 percent of the number of members that would establish a quorum line 22 are present within the boundaries of the territory over which the line 23 authority exercises jurisdiction, and the health authority provides line 24 a teleconference number, and associated access codes, if any, that line 25 allows any person to call in to participate in the meeting and the line 26 number and access codes are identified in the notice and agenda line 27 of the meeting. line 28 (2)  Nothing in this subdivision shall be construed as line 29 discouraging health authority members from regularly meeting at line 30 a common physical site within the jurisdiction of the authority or line 31 from using teleconference locations within or near the jurisdiction line 32 of the authority. A teleconference meeting for which a quorum is line 33 established pursuant to this subdivision shall be subject to all other line 34 requirements of this section. line 35 (3)  For purposes of this subdivision, a health authority means line 36 any entity created pursuant to Sections 14018.7, 14087.31, line 37 14087.35, 14087.36, 14087.38, and 14087.9605 of the Welfare line 38 and Institutions Code, any joint powers authority created pursuant line 39 to Article 1 (commencing with Section 6500) of Chapter 5 of line 40 Division 7 for the purpose of contracting pursuant to Section 99 — 6 — AB 339 line 1 14087.3 of the Welfare and Institutions Code, and any advisory line 2 committee to a county sponsored health plan licensed pursuant to line 3 Chapter 2.2 (commencing with Section 1340) of Division 2 of the line 4 Health and Safety Code if the advisory committee has 12 or more line 5 members. line 6 SEC. 5. Section 54954.2 of the Government Code is amended line 7 to read: line 8 54954.2. (a)  (1)  At least 72 hours before a regular meeting, line 9 the legislative body of the local agency, or its designee, shall post line 10 an agenda containing a brief general description of each item of line 11 business to be transacted or discussed at the meeting, including line 12 items to be discussed in closed session. A brief general description line 13 of an item generally need not exceed 20 words. The agenda shall line 14 specify the time and location of the regular meeting and shall be line 15 posted in a location that is freely accessible to members of the line 16 public and on the local agency’s Internet Web site, internet website, line 17 if the local agency has one. If requested, the agenda shall be made line 18 available in appropriate alternative formats to persons with a line 19 disability, as required by Section 202 of the Americans with line 20 Disabilities Act of 1990 (42 U.S.C. Sec. 12132), and the federal line 21 rules and regulations adopted in implementation thereof. The line 22 agenda shall include information regarding how, to whom, and line 23 when a request for disability-related modification or line 24 accommodation, including auxiliary aids or services, may be made line 25 by a person with a disability who requires a modification or line 26 accommodation in order to participate in the public meeting. In line 27 compliance with the Dymally-Alatorre Bilingual Services Act line 28 (Chapter 17.5 (commencing with Section 7290) of Division 7 of line 29 Title 1), agendas and instructions for accessing the meeting, line 30 whether teleconferenced or in person, shall be translated into all line 31 languages for which 5 percent of the population in the area line 32 governed by the local agency is a speaker. line 33 (2)  For a meeting occurring on and after January 1, 2019, of a line 34 legislative body of a city, county, city and county, special district, line 35 school district, or political subdivision established by the state that line 36 has an Internet Web site, internet website, the following provisions line 37 shall apply: line 38 (A)  An online posting of an agenda shall be posted on the line 39 primary Internet Web site internet website homepage of a city, line 40 county, city and county, special district, school district, or political 99 AB 339 — 7 — line 1 subdivision established by the state that is accessible through a line 2 prominent, direct link to the current agenda. The direct link to the line 3 agenda shall not be in a contextual menu; however, a link in line 4 addition to the direct link to the agenda may be accessible through line 5 a contextual menu. line 6 (B)  An online posting of an agenda including, but not limited line 7 to, an agenda posted in an integrated agenda management platform, line 8 shall be posted in an open format that meets all of the following line 9 requirements: line 10 (i)  Retrievable, downloadable, indexable, and electronically line 11 searchable by commonly used Internet search applications. line 12 (ii)  Platform independent and machine readable. line 13 (iii)  Available to the public free of charge and without any line 14 restriction that would impede the reuse or redistribution of the line 15 agenda. line 16 (C)  A legislative body of a city, county, city and county, special line 17 district, school district, or political subdivision established by the line 18 state that has an Internet Web site internet website and an integrated line 19 agenda management platform shall not be required to comply with line 20 subparagraph (A) if all of the following are met: line 21 (i)  A direct link to the integrated agenda management platform line 22 shall be posted on the primary Internet Web site internet website line 23 homepage of a city, county, city and county, special district, school line 24 district, or political subdivision established by the state. The direct line 25 link to the integrated agenda management platform shall not be in line 26 a contextual menu. When a person clicks on the direct link to the line 27 integrated agenda management platform, the direct link shall take line 28 the person directly to an Internet Web site internet website with line 29 the agendas of the legislative body of a city, county, city and line 30 county, special district, school district, or political subdivision line 31 established by the state. line 32 (ii)  The integrated agenda management platform may contain line 33 the prior agendas of a legislative body of a city, county, city and line 34 county, special district, school district, or political subdivision line 35 established by the state for all meetings occurring on or after line 36 January 1, 2019. line 37 (iii)  The current agenda of the legislative body of a city, county, line 38 city and county, special district, school district, or political line 39 subdivision established by the state shall be the first agenda line 40 available at the top of the integrated agenda management platform. 99 — 8 — AB 339 line 1 (iv)  All agendas posted in the integrated agenda management line 2 platform shall comply with the requirements in clauses (i), (ii), line 3 and (iii) of subparagraph (B). line 4 (D)  For the purposes of this paragraph, both of the following line 5 definitions shall apply: line 6 (i)  “Integrated agenda management platform” means an Internet line 7 Web site internet website of a city, county, city and county, special line 8 district, school district, or political subdivision established by the line 9 state dedicated to providing the entirety of the agenda information line 10 for the legislative body of the city, county, city and county, special line 11 district, school district, or political subdivision established by the line 12 state to the public. line 13 (ii)  “Legislative body” has the same meaning as that term is line 14 used in subdivision (a) of Section 54952. line 15 (E)  The provisions of this paragraph shall not apply to a political line 16 subdivision of a local agency that was established by the legislative line 17 body of the city, county, city and county, special district, school line 18 district, or political subdivision established by the state. line 19 (3)  No action or discussion shall be undertaken on any item not line 20 appearing on the posted agenda, except that members of a line 21 legislative body or its staff may briefly respond to statements made line 22 or questions posed by persons exercising their public testimony line 23 rights under Section 54954.3. In addition, on their own initiative line 24 or in response to questions posed by the public, a member of a line 25 legislative body or its staff may ask a question for clarification, line 26 make a brief announcement, or make a brief report on his or her line 27 the member’s own activities. Furthermore, a member of a line 28 legislative body, or the body itself, subject to rules or procedures line 29 of the legislative body, may provide a reference to staff or other line 30 resources for factual information, request staff to report back to line 31 the body at a subsequent meeting concerning any matter, or take line 32 action to direct staff to place a matter of business on a future line 33 agenda. line 34 (b)  Notwithstanding subdivision (a), the legislative body may line 35 take action on items of business not appearing on the posted agenda line 36 under any of the conditions stated below. Prior to discussing any line 37 item pursuant to this subdivision, the legislative body shall publicly line 38 identify the item. 99 AB 339 — 9 — line 1 (1)  Upon a determination by a majority vote of the legislative line 2 body that an emergency situation exists, as defined in Section line 3 54956.5. line 4 (2)  Upon a determination by a two-thirds vote of the members line 5 of the legislative body present at the meeting, or, if less than line 6 two-thirds of the members are present, a unanimous vote of those line 7 members present, that there is a need to take immediate action and line 8 that the need for action came to the attention of the local agency line 9 subsequent to the agenda being posted as specified in subdivision line 10 (a). line 11 (3)  The item was posted pursuant to subdivision (a) for a prior line 12 meeting of the legislative body occurring not more than five line 13 calendar days prior to the date action is taken on the item, and at line 14 the prior meeting the item was continued to the meeting at which line 15 action is being taken. line 16 (c)  This section is necessary to implement and reasonably within line 17 the scope of paragraph (1) of subdivision (b) of Section 3 of Article line 18 I of the California Constitution. line 19 (d)  For purposes of subdivision (a), the requirement that the line 20 agenda be posted on the local agency’s Internet Web site, internet line 21 website, if the local agency has one, shall only apply to a legislative line 22 body that meets either of the following standards: line 23 (1)  A legislative body as that term is defined by subdivision (a) line 24 of Section 54952. line 25 (2)  A legislative body as that term is defined by subdivision (b) line 26 of Section 54952, if the members of the legislative body are line 27 compensated for their appearance, and if one or more of the line 28 members of the legislative body are also members of a legislative line 29 body as that term is defined by subdivision (a) of Section 54952. line 30 SEC. 6. Section 54954.3 of the Government Code is amended line 31 to read: line 32 54954.3. (a)  Every agenda for regular meetings shall provide line 33 an opportunity for members of the public to directly address the line 34 legislative body on any item of interest to the public, before or line 35 during the legislative body’s consideration of the item, that is line 36 within the subject matter jurisdiction of the legislative body, line 37 provided that no action shall be taken on any item not appearing line 38 on the agenda unless the action is otherwise authorized by line 39 subdivision (b) of Section 54954.2. All meetings must also provide line 40 the public with an opportunity to address the legislative body 99 — 10 — AB 339 line 1 remotely via call-in and internet-based service, consistent with line 2 requirements in Section 54953. Persons commenting in person line 3 shall not have more time or in any other way be prioritized over line 4 persons commenting remotely via call-in or internet-based service. line 5 Instructions on how to attend the meeting via call-in or line 6 internet-based service shall be posted online along with the meeting line 7 agenda in an easily accessible location. However, the agenda need line 8 not provide an opportunity for members of the public to address line 9 the legislative body on any item that has already been considered line 10 by a committee, composed exclusively of members of the line 11 legislative body, at a public meeting wherein all interested members line 12 of the public were afforded the opportunity to address the line 13 committee on the item, before or during the committee’s line 14 consideration of the item, unless the item has been substantially line 15 changed since the committee heard the item, as determined by the line 16 legislative body. Every notice for a special meeting shall provide line 17 an opportunity for members of the public to directly address the line 18 legislative body concerning any item that has been described in line 19 the notice for the meeting before or during consideration of that line 20 item. line 21 (b)  (1)  The legislative body of a local agency may adopt line 22 reasonable regulations to ensure that the intent of subdivision (a) line 23 is carried out, including, but not limited to, regulations limiting line 24 the total amount of time allocated for public testimony on particular line 25 issues and for each individual speaker. line 26 (2)  Notwithstanding paragraph (1), when the legislative body line 27 of a local agency limits time for public comment, the legislative line 28 body of a local agency shall provide at least twice the allotted time line 29 to a member of the public who utilizes a translator to ensure that line 30 non-English speakers receive the same opportunity to directly line 31 address the legislative body of a local agency. line 32 (3)  Paragraph (2) shall not apply if the legislative body of a line 33 local agency utilizes simultaneous translation equipment in a line 34 manner that allows the legislative body of a local agency to hear line 35 the translated public testimony simultaneously. line 36 (c)  The legislative body of a local agency shall not prohibit line 37 public criticism of the policies, procedures, programs, or services line 38 of the agency, or of the acts or omissions of the legislative body. line 39 Nothing in this subdivision shall confer any privilege or protection line 40 for expression beyond that otherwise provided by law. 99 AB 339 — 11 — line 1 (d)  Legislative bodies of local agencies shall employ a sufficient line 2 amount of qualified bilingual persons to provide translation during line 3 the meeting in the language of the non-English-speaking person, line 4 in jurisdictions which govern a substantial number of line 5 non-English-speaking people. “Non-English-speaking people” is line 6 defined as members of a group who either do not speak English, line 7 or who are unable to effectively communicate in English because line 8 it is not their native language, and who comprise 5 percent or line 9 more of the people served by the statewide or any local office or line 10 facility of a state agency. line 11 SEC. 7. Section 11122.5 of the Government Code is amended line 12 to read: line 13 11122.5. (a)  As used in this article, “meeting” includes any line 14 congregation of a majority of the members of a state body body, line 15 including a virtual congregation using teleconference technology, line 16 at the same time and place to hear, discuss, or deliberate upon any line 17 item that is within the subject matter jurisdiction of the state body line 18 to which it pertains. line 19 (b)  (1)  A majority of the members of a state body shall not, line 20 outside of a meeting authorized by this chapter, use a series of line 21 communications of any kind, directly or through intermediaries, line 22 to discuss, deliberate, or take action on any item of business that line 23 is within the subject matter of the state body. line 24 (2)  Paragraph (1) shall not be construed to prevent an employee line 25 or official of a state agency from engaging in separate line 26 conversations or communications outside of a meeting authorized line 27 by this chapter with members of a legislative body in order to line 28 answer questions or provide information regarding a matter that line 29 is within the subject matter jurisdiction of the state agency, if that line 30 person does not communicate to members of the legislative body line 31 the comments or position of any other member or members of the line 32 legislative body. line 33 (c)  The prohibitions of this article do not apply to any of the line 34 following: line 35 (1)  Individual contacts or conversations between a member of line 36 a state body and any other person that do not violate subdivision line 37 (b). line 38 (2)  (A)  The attendance of a majority of the members of a state line 39 body at a conference or similar gathering open to the public that line 40 involves a discussion of issues of general interest to the public or 99 — 12 — AB 339 line 1 to public agencies of the type represented by the state body, if a line 2 majority of the members do not discuss among themselves, other line 3 than as part of the scheduled program, business of a specified line 4 nature that is within the subject matter jurisdiction of the state line 5 body. line 6 (B)  Subparagraph (A) does not allow members of the public line 7 free admission to a conference or similar gathering at which the line 8 organizers have required other participants or registrants to pay line 9 fees or charges as a condition of attendance. line 10 (3)  The attendance of a majority of the members of a state body line 11 at an open and publicized meeting organized to address a topic of line 12 state concern by a person or organization other than the state body, line 13 if a majority of the members do not discuss among themselves, line 14 other than as part of the scheduled program, business of a specific line 15 nature that is within the subject matter jurisdiction of the state line 16 body. line 17 (4)  The attendance of a majority of the members of a state body line 18 at an open and noticed meeting of another state body or of a line 19 legislative body of a local agency as defined by Section 54951, if line 20 a majority of the members do not discuss among themselves, other line 21 than as part of the scheduled meeting, business of a specific nature line 22 that is within the subject matter jurisdiction of the other state body. line 23 (5)  The attendance of a majority of the members of a state body line 24 at a purely social or ceremonial occasion, if a majority of the line 25 members do not discuss among themselves business of a specific line 26 nature that is within the subject matter jurisdiction of the state line 27 body. line 28 (6)  The attendance of a majority of the members of a state body line 29 at an open and noticed meeting of a standing committee of that line 30 body, if the members of the state body who are not members of line 31 the standing committee attend only as observers. line 32 SEC. 8. Section 11123 of the Government Code is amended line 33 to read: line 34 11123. (a)  All meetings of a state body shall be open and line 35 public and all persons shall be permitted to attend any meeting of line 36 a state body except as otherwise provided in this article. line 37 Additionally, all meetings shall include an opportunity for all line 38 persons to attend via a call-in option or an internet-based service line 39 option that provides closed captioning services. Both a call-in and line 40 an internet-based service option shall be provided to the public. 99 AB 339 — 13 — line 1 (b)  (1)  This article does not prohibit a state body from holding line 2 an open or closed meeting by teleconference for the benefit of the line 3 public and state body. The meeting or proceeding held by line 4 teleconference shall otherwise comply with all applicable line 5 requirements or laws relating to a specific type of meeting or line 6 proceeding, including the following: line 7 (A)  The teleconferencing meeting shall comply with all line 8 requirements of this article applicable to other meetings. line 9 (B)  The portion of the teleconferenced meeting that is required line 10 to be open to the public shall be audible to the public at the location line 11 specified in the notice of the meeting. line 12 (C)  If the state body elects to conduct a meeting or proceeding line 13 by teleconference, other than what is required by subdivision (a) line 14 and such that all members of the body that are present at the line 15 meeting are teleconferencing into the meeting, it shall post agendas line 16 at all teleconference locations and conduct teleconference meetings line 17 in a manner that protects the rights of any party or member of the line 18 public appearing before the state body. Each teleconference line 19 location shall be identified in the notice and agenda of the meeting line 20 or proceeding, and each teleconference location shall be accessible line 21 to the public. The agenda shall provide an opportunity for members line 22 of the public to address the state body directly pursuant to Section line 23 11125.7 at each teleconference location. line 24 (D)  All votes taken during a teleconferenced meeting shall be line 25 by rollcall. line 26 (E)  The portion of the teleconferenced meeting that is closed line 27 to the public may not include the consideration of any agenda item line 28 being heard pursuant to Section 11125.5. line 29 (F)  At least one member of the state body shall be physically line 30 present at the location specified in the notice of the meeting. line 31 meeting to ensure that members of the public are able to give line 32 public comment in person. This location must be publicly accessible line 33 and able to accommodate a reasonable amount of people, given line 34 the circumstances. line 35 (2)  For the purposes of this subdivision, “teleconference” means line 36 a meeting of a state body, the members of which are at different line 37 locations, connected by electronic means, through either audio or line 38 both audio and video. This While this section requires that both line 39 an call-in and internet-based service are available to the public line 40 to join all open meetings that are held in-person, this section does 99 — 14 — AB 339 line 1 not prohibit a state body from providing members of the public line 2 with additional locations in or opportunities by which the public line 3 may observe or address the state body by electronic means, through line 4 either audio or both audio and video. line 5 (c)   Instructions on how to attend the meeting via call-in or line 6 internet-based service shall be posted online along with the meeting line 7 agenda in an easily accessible location at least 72 hours before line 8 all regular meetings and at least 24 hours before all special line 9 meetings. In compliance with the Dymally-Alatorre Bilingual line 10 Services Act(Chapter 17.5 (commencing with Section 7290) of line 11 Division 7 of Title 1), the posted instructions shall also be line 12 translated into all languages of which 5 percent of the population line 13 of the state body’s jurisdiction speaks. line 14 (c) line 15 (d)  The state body shall publicly report any action taken and line 16 the vote or abstention on that action of each member present for line 17 the action. line 18 SEC. 9. Section 11125.7 of the Government Code is amended line 19 to read: line 20 11125.7. (a)  Except as otherwise provided in this section, the line 21 state body shall provide an opportunity for members of the public line 22 to directly address the state body on each agenda item before or line 23 during the state body’s discussion or consideration of the item. line 24 This section is not applicable if the agenda item has already been line 25 considered by a committee composed exclusively of members of line 26 the state body at a public meeting where interested members of line 27 the public were afforded the opportunity to address the committee line 28 on the item, before or during the committee’s consideration of the line 29 item, unless the item has been substantially changed since the line 30 committee heard the item, as determined by the state body. Every line 31 notice for a special meeting at which action is proposed to be taken line 32 on an item shall provide an opportunity for members of the public line 33 to directly address the state body concerning that item prior to line 34 action on the item. In addition, the notice requirement of Section line 35 11125 shall not preclude the acceptance of testimony at meetings, line 36 other than emergency meetings, from members of the public if no line 37 action is taken by the state body at the same meeting on matters line 38 brought before the body by members of the public. line 39 (b)  In compliance with subdivision (a) of Section 11123, public line 40 comment shall be made available for those attending any meeting 99 AB 339 — 15 — line 1 via call-in or internet-based service option. Persons commenting line 2 in person shall not have more time or in any other way be line 3 prioritized over persons commenting remotely via call-in or line 4 internet-based service. line 5 (b) line 6 (c)  The state body may adopt reasonable regulations to ensure line 7 that the intent of subdivision (a) is carried out, including, but not line 8 limited to, regulations limiting the total amount of time allocated line 9 for public comment on particular issues and for each individual line 10 speaker. line 11 (c) line 12 (d)  (1)  Notwithstanding subdivision (b), when a state body line 13 limits time for public comment the state body shall provide at least line 14 twice the allotted time to a member of the public who utilizes a line 15 translator to ensure that non-English speakers receive the same line 16 opportunity to directly address the state body. In compliance with line 17 the Dymally-Alatorre Bilingual Services Act (Chapter 17.5 line 18 (commencing with Section 7290) of Division 7 of Title 1), line 19 translation services shall be provided for all languages of which line 20 5 percent of the population of the state body’s jurisdiction speaks. line 21 Should there be a limit on speaking time, persons commenting in line 22 another language shall be given twice as much time as those line 23 commenting in English in order to accommodate time for line 24 translation services. This is not required when simultaneous line 25 translation services are available. line 26 (2)  Paragraph (1) shall not apply if the state body utilizes line 27 simultaneous translation equipment in a manner that allows the line 28 state body to hear the translated public testimony simultaneously. line 29 (d) line 30 (e)  The state body shall not prohibit public criticism of the line 31 policies, programs, or services of the state body, or of the acts or line 32 omissions of the state body. Nothing in this subdivision shall confer line 33 any privilege or protection for expression beyond that otherwise line 34 provided by law. line 35 (e) line 36 (f)  This section is not applicable to closed sessions held pursuant line 37 to Section 11126. line 38 (f) line 39 (g)  This section is not applicable to decisions regarding line 40 proceedings held pursuant to Chapter 5 (commencing with Section 99 — 16 — AB 339 line 1 11500), relating to administrative adjudication, or to the conduct line 2 of those proceedings. line 3 (g) line 4 (h)  This section is not applicable to hearings conducted by the line 5 California Victim Compensation Board pursuant to Sections 13963 line 6 and 13963.1. line 7 (h) line 8 (i)  This section is not applicable to agenda items that involve line 9 decisions of the Public Utilities Commission regarding adjudicatory line 10 hearings held pursuant to Chapter 9 (commencing with Section line 11 1701) of Part 1 of Division 1 of the Public Utilities Code. For all line 12 other agenda items, the commission shall provide members of the line 13 public, other than those who have already participated in the line 14 proceedings underlying the agenda item, an opportunity to directly line 15 address the commission before or during the commission’s line 16 consideration of the item. line 17 SEC. 10. No reimbursement is required by this act pursuant to line 18 Section 6 of Article XIII B of the California Constitution because line 19 the only costs that may be incurred by a local agency or school line 20 district under this act would result from a legislative mandate that line 21 is within the scope of paragraph (7) of subdivision (b) of Section line 22 3 of Article I of the California Constitution. line 23 SEC. 11. The Legislature finds and declares that Sections 4, line 24 5, and 6 of this act, which amend Section 54953, 54954.2, and line 25 54954.3 of the Government Code, further, within the meaning of line 26 paragraph (7) of subdivision (b) of Section 3 of Article I of the line 27 California Constitution, the purposes of that constitutional section line 28 as it relates to the right of public access to the meetings of local line 29 public bodies or the writings of local public officials and local line 30 agencies. Pursuant to paragraph (7) of subdivision (b) of Section line 31 3 of Article I of the California Constitution, the Legislature makes line 32 the following findings: line 33 The provisions of the act allow for greater public access through line 34 requiring specified entities to provide a call-in and internet-based line 35 service and instructions on how to access these options to the public line 36 for specified meetings and allow for greater accommodations for line 37 non-English speakers attending the meetings. O 99 AB 339 — 17 — April 12, 2021 Assembly Member Robert Rivas California State Assembly State Capitol, Room 5158 Sacramento, CA 95814 RE: Assembly Bill 361 (Rivas) – Support Dear Assembly Member Rivas: The Orange County Sanitation District (OC San) is pleased to support Assembly Bill (AB) 361, related to the Ralph M. Brown Act (“the Brown Act”). 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. In light of the stay-at-home order and the need to keep individuals physically distanced from one another, Governor Newsom issued a number of subsequent executive orders (N-25-20, N-29-20, N-35-20) modifying the requirements of the Brown Act. AB 361 seeks to codify several provisions from within the executive orders. AB 361 would allow local agencies to safely meet remotely during an emergency. The changes to the law included in AB 361 are what have allowed local agencies to continue to operate while also complying with important public health directives issued by officials during the COVID-19 pandemic; by enshrining these provisions in statute, this bill ensures that local agencies would continue to be able to remain safe in future emergencies including those that threaten public health. AB 361 will include important safeguards that ensure public agency transparency and public access. For a public agency to utilize these provisions to meet remotely, a local agency must meet subsequent or concurrent to a proclaimed state of emergency or declared local emergency and declare that the nature of the emergency would prevent them from safely meeting in-person. For these reasons, OC San is pleased to support Assembly Bill 361 (Rivas). Please do not hesitate to contact Jennifer Cabral, OC San’s Administration Manager at (714) 593-7581 or via email at jcabral@ocsan.gov should you have any questions. Sincerely, David John Shawver Board Chairman CC: Orange County Legislative Delegation California Special District’s Association california legislature—2021–22 regular session ASSEMBLY BILL No. 361 Introduced by Assembly Member Robert Rivas February 1, 2021 An act to amend Section 54953 of the Government Code, relating to local government. legislative counsel’s digest AB 361, as introduced, Robert Rivas. Open meetings: local agencies: teleconferences. Existing law, the Ralph M. Brown Act requires, with specified exceptions, that all meetings of a legislative body of a local agency, as those terms are defined, be open and public and that all persons be permitted to attend and participate. The act contains specified provisions regarding the timelines for posting an agenda and providing for the ability of the public to directly address the legislative body on any item of interest to the public. The act generally requires all regular and special meetings of the legislative body be held within the boundaries of the territory over which the local agency exercises jurisdiction, subject to certain exceptions. The act allows for meetings to occur via teleconferencing subject to certain requirements, particularly that the legislative body notice each teleconference location of each member that will be participating in the public meeting, that each teleconference location be accessible to the public, that members of the public be allowed to address the legislative body at each teleconference location, that the legislative body post an agenda at each teleconference location, and that at least a quorum of the legislative body participate from locations within the boundaries of the local agency’s jurisdiction. The 99 act provides an exemption to the jurisdictional requirement for health authorities, as defined. Existing law, the California Emergency Services Act, authorizes the Governor, or the Director of Emergency Services when the governor is inaccessible, to proclaim a state of emergency under specified circumstances, and authorizes a specified legislative body or an official designated to proclaim a local emergency. Existing law allows a local health officer to declare a local public health emergency, which, after 7 days, must be ratified by the county board of supervisors, or city council, as applicable, in order to remain in place. Executive Order No. N-29-20 suspends the Ralph M. Brown Act’s requirements for teleconferencing during the COVID-19 pandemic provided that notice and accessibility requirements are met, the public members are allowed to observe and address the legislative body at the meeting, and that a legislative body of a local agency has a procedure for receiving and swiftly resolving requests for reasonable accommodation for individuals with disabilities, as specified. This bill 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. The bill would require legislative bodies that hold teleconferenced meetings under these abbreviated teleconferencing procedures to give notice of the meeting and post agendas, as described, to allow members of the public to access the meeting and address the legislative body, to give notice of the means by which members of the public may access the meeting and offer public comment, as provided, to conduct the meeting in a manner that protects the statutory and constitutional rights of the parties and the public appearing before the legislative body. This bill would declare the Legislature’s intent, consistent with the Governor’s Executive Order No. N-29-20, to improve and enhance public access to local agency meetings during the COVID-19 pandemic and future emergencies by allowing broader access through teleconferencing options. 99 — 2 — AB 361 The California Constitution requires local agencies, for the purpose of ensuring public access to the meetings of public bodies and the writings of public officials and agencies, to comply with a statutory enactment that amends or enacts laws relating to public records or open meetings and contains findings demonstrating that the enactment furthers the constitutional requirements relating to this purpose. This bill would make legislative findings to that effect. Vote: majority. Appropriation: no. Fiscal committee: no.​ State-mandated local program: no.​ The people of the State of California do enact as follows: line 1 SECTION 1. Section 54953 of the Government Code is line 2 amended to read: line 3 54953. (a)  All meetings of the legislative body of a local line 4 agency shall be open and public, and all persons shall be permitted line 5 to attend any meeting of the legislative body of a local agency, line 6 except as otherwise provided in this chapter. line 7 (b)  (1)  Notwithstanding any other provision of law, the line 8 legislative body of a local agency may use teleconferencing for line 9 the benefit of the public and the legislative body of a local agency line 10 in connection with any meeting or proceeding authorized by law. line 11 The teleconferenced meeting or proceeding shall comply with all line 12 otherwise applicable requirements of this chapter and all otherwise line 13 applicable provisions of law relating to a specific type of meeting line 14 or proceeding. line 15 (2)  Teleconferencing, as authorized by this section, may be used line 16 for all purposes in connection with any meeting within the subject line 17 matter jurisdiction of the legislative body. All votes taken during line 18 a teleconferenced meeting shall be by rollcall. line 19 (3)  If the legislative body of a local agency elects to use line 20 teleconferencing, it shall post agendas at all teleconference line 21 locations and conduct teleconference meetings in a manner that line 22 protects the statutory and constitutional rights of the parties or the line 23 public appearing before the legislative body of a local agency. line 24 Each teleconference location shall be identified in the notice and line 25 agenda of the meeting or proceeding, and each teleconference line 26 location shall be accessible to the public. During the teleconference, line 27 at least a quorum of the members of the legislative body shall line 28 participate from locations within the boundaries of the territory 99 AB 361 — 3 — line 1 over which the local agency exercises jurisdiction, except as line 2 provided in subdivision (d). subdivisions (d) and (e). The agenda line 3 shall provide an opportunity for members of the public to address line 4 the legislative body directly pursuant to Section 54954.3 at each line 5 teleconference location. line 6 (4)  For the purposes of this section, “teleconference” means a line 7 meeting of a legislative body, the members of which are in different line 8 locations, connected by electronic means, through either audio or line 9 video, or both. Nothing in this section shall prohibit a local agency line 10 from providing the public with additional teleconference locations. line 11 (c)  (1)  No legislative body shall take action by secret ballot, line 12 whether preliminary or final. line 13 (2)  The legislative body of a local agency shall publicly report line 14 any action taken and the vote or abstention on that action of each line 15 member present for the action. line 16 (3)  Prior to taking final action, the legislative body shall orally line 17 report a summary of a recommendation for a final action on the line 18 salaries, salary schedules, or compensation paid in the form of line 19 fringe benefits of a local agency executive, as defined in line 20 subdivision (d) of Section 3511.1, during the open meeting in line 21 which the final action is to be taken. This paragraph shall not affect line 22 the public’s right under the California Public Records Act (Chapter line 23 3.5 (commencing with Section 6250) of Division 7 of Title 1) to line 24 inspect or copy records created or received in the process of line 25 developing the recommendation. line 26 (d)  (1)  Notwithstanding the provisions relating to a quorum in line 27 paragraph (3) of subdivision (b), if a health authority conducts a line 28 teleconference meeting, members who are outside the jurisdiction line 29 of the authority may be counted toward the establishment of a line 30 quorum when participating in the teleconference if at least 50 line 31 percent of the number of members that would establish a quorum line 32 are present within the boundaries of the territory over which the line 33 authority exercises jurisdiction, and the health authority provides line 34 a teleconference number, and associated access codes, if any, that line 35 allows any person to call in to participate in the meeting and the line 36 number and access codes are identified in the notice and agenda line 37 of the meeting. line 38 (2)  Nothing in this subdivision shall be construed as line 39 discouraging health authority members from regularly meeting at line 40 a common physical site within the jurisdiction of the authority or 99 — 4 — AB 361 line 1 from using teleconference locations within or near the jurisdiction line 2 of the authority. A teleconference meeting for which a quorum is line 3 established pursuant to this subdivision shall be subject to all other line 4 requirements of this section. line 5 (3)  For purposes of this subdivision, a health authority means line 6 any entity created pursuant to Sections 14018.7, 14087.31, line 7 14087.35, 14087.36, 14087.38, and 14087.9605 of the Welfare line 8 and Institutions Code, any joint powers authority created pursuant line 9 to Article 1 (commencing with Section 6500) of Chapter 5 of line 10 Division 7 for the purpose of contracting pursuant to Section line 11 14087.3 of the Welfare and Institutions Code, and any advisory line 12 committee to a county sponsored health plan licensed pursuant to line 13 Chapter 2.2 (commencing with Section 1340) of Division 2 of the line 14 Health and Safety Code if the advisory committee has 12 or more line 15 members. line 16 (e)  (1)  A local agency may use teleconferencing without line 17 complying with the requirements of paragraph (3) of subdivision line 18 (b) if the legislative body complies with the requirements of line 19 paragraph (2) of this subdivision in any of the following line 20 circumstances: line 21 (A)  The legislative body holds a meeting for the purpose of line 22 proclaiming or ratifying a local emergency. line 23 (B)  The legislative body holds a meeting during a proclaimed line 24 state of emergency or declared local emergency, and state or local line 25 officials have imposed or recommended measures to promote line 26 social distancing. line 27 (C)  The legislative body holds a meeting during a declared local line 28 emergency and the legislative body determines by majority vote line 29 that, as a result of the emergency, the attendance of one or more line 30 members of the legislative body in person is hindered, or meeting line 31 in person would present risks to the health or safety of attendees. line 32 (2)  A legislative body that holds a meeting pursuant to this line 33 subdivision shall do all of the following: line 34 (A)  The legislative body shall give notice of the meeting and line 35 post agendas as otherwise required by this chapter. line 36 (B)  The legislative body shall allow members of the public to line 37 access the meeting and the agenda shall provide an opportunity line 38 for members of the public to address the legislative body directly line 39 pursuant to Section 54954.3. In each instance in which notice of line 40 the time of the teleconferenced meeting is otherwise given or the 99 AB 361 — 5 — line 1 agenda for the meeting is otherwise posted, the legislative body line 2 shall also give notice of the means by which members of the public line 3 may access the meeting and offer public comment. This line 4 subparagraph shall not be construed to require the legislative line 5 body to provide a physical location from which the public may line 6 attend or comment. line 7 (C)  The legislative body shall conduct teleconference meetings line 8 in a manner that protects the statutory and constitutional rights line 9 of the parties and the public appearing before the legislative body line 10 of a local agency. line 11 (3)  For the purposes of this subdivision, the following definitions line 12 shall apply: line 13 (A)  “State of emergency” means a state of emergency line 14 proclaimed pursuant to Section 8625 of the California Emergency line 15 Services Act (Article 14 (commencing with Section 8550) of line 16 Chapter 7 of Division of Title 2. line 17 (B)  “Local emergency” means an emergency proclaimed line 18 pursuant to Section 8630 of the California Emergency Services line 19 Act (Article 14 (commencing with Section 8550) of Chapter 7 of line 20 Division 1 of Title 2 as a result of conditions existing in all or a line 21 portion of the jurisdiction of the local agency. Local emergency line 22 refers only to local emergencies in the jurisdiction in which the line 23 legislative body is located. line 24 SEC. 2. It is the intent of the Legislature in enacting this act line 25 to improve and enhance public access to local agency meetings line 26 during the COVID-19 pandemic and future applicable emergencies, line 27 by allowing broader access through teleconferencing options line 28 consistent with the Governor’s Executive Order No. N-29-20 dated line 29 March 17, 2020, permitting expanded use of teleconferencing line 30 during the COVID-19 pandemic. line 31 SEC. 3. The Legislature finds and declares that Section 1 of line 32 this act, which amends Section 54953 of the Government Code, line 33 furthers, within the meaning of paragraph (7) of subdivision (b) line 34 of Section 3 of Article I of the California Constitution, the purposes line 35 of that constitutional section as it relates to the right of public line 36 access to the meetings of local public bodies or the writings of line 37 local public officials and local agencies. Pursuant to paragraph (7) line 38 of subdivision (b) of Section 3 of Article I of the California line 39 Constitution, the Legislature makes the following findings: 99 — 6 — AB 361 line 1 This act is necessary to ensure minimum standards for public line 2 participation and notice requirements allowing for greater public line 3 participation in teleconference meetings during applicable line 4 emergencies. O 99 AB 361 — 7 — April 12, 2021 The Honorable Laura Friedman Assembly Member California State Assembly State Capitol, Room 6011 Sacramento, CA 95814 RE: AB 622 (Friedman) – Support Dear Assembly Member Friedman: The Orange County Sanitation District (OC San) is pleased to support Assembly Bill (AB) 622, related to microfiber pollution. 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 622 would require that by 2024, all washing machines sold as new in California contain a microfiber filtration system with a mesh size of 100 microns or smaller. As stewards of our natural resources, one of OC San’s goals is to prevent or reduce the amount of pollution entering our environment. Microfibers and other forms of microplastics are incredibly difficult to remove completely from the wastewater stream, whether through traditional wastewater treatment and discharge or even advanced indirect potable reuse. These microplastics could eventually make their way through the treatment process and subsequently be discharged into the ocean or other bodies of water. As a result, OC San supports source control methods that stop microfibers from reaching the wastewater stream. We feel that policies such as this are inherently important to protecting public health and the environment. For these reasons, OC San is pleased to support AB 622 (Friedman). Please do not hesitate to contact Jennifer Cabral, OC San’s Administration Manager at (714) 593-7581 or via email at jcabral@ocsan.gov should you have any questions. Sincerely, David John Shawver Board Chairman CC: Orange County Legislative Delegation california legislature—2021–22 regular session ASSEMBLY BILL No. 622 Introduced by Assembly Member Friedman (Coauthor: Assembly Member Stone) February 12, 2021 An act to add Chapter 10 (commencing with Section 119410) to Part 15 of Division 104 of the Health and Safety Code, relating to environmental health. legislative counsel’s digest AB 622, as introduced, Friedman. Washing machines: microfiber filtration. Existing law, to protect public health and water quality, regulates a broad range of consumer products and processes, including water softeners, water treatment devices, and backflow prevention devices, among others. This bill would require, on or before January 1, 2024, that all washing machines sold as new in California contain a microfiber filtration system with a mesh size of 100 microns or smaller. Vote: majority. Appropriation: no. Fiscal committee: no.​ State-mandated local program: no.​ The people of the State of California do enact as follows: line 1 SECTION 1. Chapter 10 (commencing with Section 119410) line 2 is added to Part 15 of Division 104 of the Health and Safety Code, line 3 to read: 99 line 1 Chapter 10. Washing Machines line 2 line 3 119410. On or before January 1, 2024, all washing machines line 4 sold as new in California shall contain a microfiber filtration system line 5 with a mesh size of 100 microns or smaller. O 99 — 2 — AB 622 LEGISLATIVE AND PUBLIC AFFAIRS COMMITTEE Agenda Report Administration Building 10844 Ellis Avenue Fountain Valley, CA 92708 (714) 593-7433 File #:2021-1561 Agenda Date:4/12/2021 Agenda Item No:4. FROM:James D. Herberg, General Manager SUBJECT: PUBLIC AFFAIRS UPDATE FOR THE MONTH OF MARCH 2021 GENERAL MANAGER'S RECOMMENDATION RECOMMENDATION: Recommend to the Board of Directors to: Receive and file the Public Affairs Update for the month of March 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 (OC San)is well-recognized within the water/wastewater industry;however,within our service area there is limited knowledge by our customers of the important work we do to protect public health and the environment.In general,the customers we serve do not realize that when they improperly dispose of waste into the sanitation system,it can negatively affect our sewer lines,our treatment plants,and the quality of water we supply to the Groundwater Replenishment System. PROPOSED SOLUTION By providing tours,community outreach,education,and general communication via OC San’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 4/6/2021Page 1 of 2 powered by Legistar™ File #:2021-1561 Agenda Date:4/12/2021 Agenda Item No:4. RAMIFICATIONS OF NOT TAKING ACTION If we do not educate the community,local agencies,and area businesses about OC San,we may not have the support necessary to deliver our mission. ADDITIONAL INFORMATION - ACTIVITIES FOR THE MONTH OF MARCH 2021 Virtual Tours Due to the COVID-19 pandemic,in-person Plant tours are temporarily suspended.To continue engaging with the community and stakeholders,staff conducts virtual tours of the Plant which allows participants an opportunity to remotely visit OC San and learn how we protect public health and the environment. For this reporting period, four virtual tours were held. Presentations During the month of March,staff presented virtually at a City Engineers Association of Orange County meeting to discuss outreach during a pandemic and at the Orange County Water Association to present on Asset Management.Additionally,staff made a presentation at the Association of California Cities of Orange County’s Public Policy Academy and was part of the Regional Intergovernmental Agency Panel.Staff also spoke at the No Dig Show on the Newhope-Placentia Truck Sewer Project and the trenchless technology used in a heavily populated area to reduce community impact.Staff also presented on a panel for COVID-19 Wastewater Surveillance through the California Water Environmental Association. Orange County Science and Engineering Fair (OCSEF) The OCSEF is an annual event organized to encourage the youth of our county to learn about science and to consider a career in science or engineering.The OCSEF is open to 6th -12th grade students attending public or private schools in Orange County.Each year OC San volunteers to help with the judging and this year eight employees volunteered by participating virtually. Plant No. 1 Newsletter As part of the ongoing outreach efforts to keep our neighbors informed and engaged with the projects going on at the Plant,we launched a Plant No.1 neighborhood newsletter.The newsletter will go to the residents surrounding the Plant No 1 facility in Fountain Valley,Huntington Beach,and Costa Mesa.The newsletter will include updates on the ongoing construction projects that are planned, including the Headworks project. Celebrating our Recent Retirees During the month of March,OC San sees many retirements.Due to safety precautions,this year in- person celebrations were not an option;however,virtual celebration boards were created for each retiree to give them a heartfelt send-off.The virtual boards included stories,photos,and warm wishes from fellow staff members. Each retiree will receive a copy of their kudos boards. 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 March 2021 ·Presentation Orange County Sanitation District Printed on 4/6/2021Page 2 of 2 powered by Legistar™ Outreach and Media Summary February - March 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 LINKEDIN POSTINGS………………………………………………………...PAGE 11 NEWS ARTICLES……………………………………………………………………………. PAGE 13 Outreach Report March 2021 Date Tours Attendees Tour Guide 03/03/2021 CSUF Nursing Tour 17 Cortney Light 03/03/2021 CSUF Nursing Tour 12 Cortney Light 03/20/2021 General Tour 10 Andy DeSilva 03/31/2021 USC Tour 15* Andrew Brown Date Speaking Engagements Attendees Presenter 03/01/2021 City Engineers Association of OC 30 Daisy Covarrubias 03/12/2021 Association of California Cities- OC 20 Jim Herberg 03/17/2021 OC Water Association 80 Eros Yong 03/24/2021 CWEA COVID-19 Wastewater Surveillance 209 Sam Choi 03/29/2021 No Dig Show 50* Brad Moore, Daniel Berokoff and Raul Cuellar *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 2 notifications 8,600 1 website posts / 1 text alerts Westminster 350 2 website posts / 2 text alerts External Communications Distribution # of People Reached Board Member Talking Points One 25 Website Posts 8 posts 23 views Facebook 23 posts 2.8k people Twitter 32 tweets 14.7k people Instagram 17posts 724 people LinkedIn 2 posts 2.1k people 1 Facebook Posts Feb-March 2021 2 3 4 Graphs of Page Likes, Post Reach and Total Views for February-March 2021 5 6 Twitter Posts Feb-March 2021 7 8 Instagram Posts Feb-March 2021 9 10 LinkedIn Posts March 2021 11 12 Article Date Origin Link 1,000-gallon sewage spill shuts part of Newport Beach bay 16-Mar-21 LA Times https://www.latimes.com/california/story/2021-03-16/sewage- spill-shuts-part-of-newport-beach-bay Sewage spill prompts closure of stretch of beach in Newport Beach 17-Mar-21 OC Register https://www.ocregister.com/2021/03/15/sewage-spill-prompts- closure-of-stretch-of-beach-in-newport-beach/ 13 4/6/2021 1 Public Affairs Update Presented by: Daisy Covarrubias,  Pr. Public Affairs Spec.   Legislative and  Public Affairs  Committee April 12, 2021 • OC Register Water Insert • Orange County Science and Engineering Fair • COVID-19 Updates • Plant No.1 Newsletter • Ongoing construction outreach: • Westminster • Seal Beach • Anaheim • Fullerton What We Did Tours 4 tours / 54 guests 5 speaking engagements Social Media Twitter: 32 tweets / 14.7k impressions Facebook: 23 posts / 2.8k reach Instagram: 17 posts / 724 people LinkedIn: 2 posts / 2.1k impressions 2 1 2 4/6/2021 2 What We Are Doing 3 •YES Conference  (formally known as the Children’s Water Festival)  •5 Minutes Per Month Emails •Internal Communication  •Award Applications  •Video Contest  3 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.