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
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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
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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
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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.
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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.
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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
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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
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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.
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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.
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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),
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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
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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.
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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
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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,
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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.
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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)
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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
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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
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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
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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
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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.
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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
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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
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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.
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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.
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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
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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.
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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
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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.
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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
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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
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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
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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
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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:
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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
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— 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
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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
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LinkedIn Posts
March 2021
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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/
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4/6/2021
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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.